HomeMy WebLinkAboutR156-14 Exhibits/Attachments 2014-09-02 (Adopted).tif . Exhibit A
ALVERNO COLLEGE JoAnn McGrath SCHOOL OF NURSING
EDUCATIONAL AFFILIATION AGREEMENT
WITH
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This Educational Affiliation Agreement(the "Agreement"), is made and entered into
as of the 5kt. day of S hi 4w- , 2014, by and between Alverno College JoAnn
McGrath School of Nursing (hereinafter the "SON") and The City of Columbia, Missouri on
behalf of its Department of Public Health and Human Services (hereinafter the "Clinical
Entity").
WHEREAS,the SON offers programs in nursing leading to the bachelors of science in
nursing degree, a masters of science in nursing and various certificate programs; and
WHEREAS,the SON desires to provide supervised clinical experience and instruction
for its nursing students (hereinafter the "Students"); and
WHEREAS, the Clinical Entity, in the interest of furthering the educational objectives of
the SON, desires to make its facilities available to the Students for such experience and
instruction; and
NOW THEREFORE, in consideration of the promises and the mutual covenants,
agreements and undertakings hereinafter set forth, it is hereby AGREED:
1. Term and Termination of Agreement. This Agreement shall become effective as of the
date first written above and shall have an initial term of two years. Thereafter, this Agreement
shall be automatically renewed for successive one-year terms unless terminated by either party as
provided herein. Either party may terminate this Agreement without cause by giving the other
party ninety (90) days written notice at any time.
2. Clinical or Fieldwork Experience. The Clinical Entity shall provide the opportunity for
adequately prepared Students of the SON to perform clinical work under the supervision of
faculty provided by the SON in accordance with section 4 Planning of Education Program and
Section 5 (Instruction and Supervision) of this Agreement (hereinafter the "Clinical Program").
Except as noted herein, the Clinical Entity shall not be responsible for the supervision,
instruction, or education of the Students but the Clinical Entity shall at all times retain
responsibility and authority for the delivery of patient care to its patients.
3. Preceptorships. In some instances, Students will be assigned to work with a Preceptor
who is an employee or medical staff member of the Clinical Entity. In that event,the Clinical
Entity will retain responsibility and authority for the delivery of patient care to its patients, but
also will be responsible for supervision and guidance of the Students who are working directly
with a Preceptor.
4. Planning of Educational Program. The SON shall be responsible for the planning,
implementation and execution of all educational aspects of its nursing program, including the
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Students' clinical nursing experience and instruction and matriculation, grading, promotion and
graduation. The SON shall furnish the Clinical Entity with current information about its
curriculum and clinical education goals and objectives prior to the start of each Student's clinical
experience.
5. Instruction and Supervision. The SON shall provide faculty personnel (hereinafter the
"Faculty") who will coordinate the teaching and supervision of Students assigned to the
institution. Faculty shall collaborate with the Clinical Entity to plan and implement individual
Student assignments. Faculty may consult with Clinical Entity personnel as appropriate in
conducting evaluations of Student performance. The Clinical Entity shall be responsible for
assigning Students to clinical areas and patients, and, if appropriate, providing an individual
preceptor(hereinafter the "Preceptor").
6. Notification of Program Requirements. The SON shall inform the Clinical Entity
periodically regarding its academic calendar and course descriptions.
7. Equipment and Use of Facilities. The Clinical Entity shall provide equipment and
supplies necessary for the administration of care by the Students. The Clinical Entity may also
provide, but is not required to provide, suitable space for conferences connected with the
Students' clinical instruction, for use by Faculty and Students. Faculty and Students may use the
Clinical Entity's and conference rooms during their clinical experience at their own expense on
a space available basis.
8. Orientation for Faculty and Students. The Clinical Entity shall provide orientation for
Faculty and Students regarding relevant Clinical Entity information, including policies,
procedures, and rules with which Faculty and Students must comply.
9. Compliance with the Clinical Entity Rules. Faculty and Students will comply with all
rules and regulations of the Clinical Entity to the extent they are presented at orientation or
otherwise made available to Faculty and Students. Upon the Clinical Entity's request, the SON
shall withdraw from the Clinical Program any Faculty member or Student who fails to comply
with the Clinical Entity's rules and regulations.
10. Confidential Information.
(a) Faculty, Students, and other SON personnel will be informed of their obligation
not to disclose any confidential material or information connected with the Clinical Entity or any
of its patients. The SON recognizes and acknowledges that by participation of Faculty and
Students in the Clinical Program at the Clinical Entity, the SON, its Faculty and Students, shall
have access to the protected health information("PHI") of the Clinical Entity's patients, as
defined by the HIPAA Privacy Rule (42 CFR Parts 160 and 164) (hereinafter"Privacy Rule"),
after signing agency standard confidentiality form .
(b) The parties agree that the Students will be considered to be part of the Clinical
Entity's "workforce," as defined by the Privacy Rule, for purposes of accessing, using or
disclosing PHI while participating in the Clinical Program. The parties further agree that this
"workforce" designation shall be solely for purposes of complying with Privacy Rule
requirements and will not create any type of agency or employee relationship between the
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Student and Clinical Entity or otherwise affect any provisions in this Agreement related to the
independent status of the Students.
11. Removal of Students from the Clinical Entity. The SON shall remove a Student from the
Clinical Entity upon request of the Clinical Entity, if the Clinical Entity determines that because
of health, performance, or other reasons, such Student's continued presence at the Clinical Entity
is detrimental to the Student and/or any patient of the Clinical Entity or otherwise not in the best
interest of the Clinical Entity, in the sole discretion of the Clinical Entity.
12. Immunizations, Health Information and Background Checks. The SON will comply with
the Covered Entity's requests for immunizations, health information and background check as
needed to fulfill the objectives of this Agreement.
13. Emergency Medical Care: To the extent that Clinical Entity is capable of providing such
care, the Clinical Entity shall provide emergency medical care to Faculty and Students who
become ill or who are injured while on duty at the Clinical Entity. The SON understands that the
cost of such care shall be the responsibility of the individual receiving it.
14. Needle Stick Injury or Blood Borne Pathogen Exposure. In the event a student sustains a
needle-stick injury or other substantial exposure to bodily fluid of another or other potentially
infectious material while participating in the clinical education program at the Clinical Entity, the
Clinical Entity agrees to provide the following services:
(a) Have the student seen by the Clinical Entity's employee health service and/or
emergency department as soon as possible after the injury;
(b) Initiate the standard protocol for the event at that Clinical Entity, in the usual
manner to the extent possible.
(c) The Student will be responsible for the costs of any and all care, testing, counseling and
obtaining necessary follow up care.
15. Insurance.
(a) The SON shall provide coverage for each Student under its professional liability
insurance policy with limits of$1,000,000 per incident/$5,000,000 annual aggregate. The
Clinical Entity shall carry general liability insurance consistent with good business practice and
professional liability insurance as required from time to time by Missouri law, which currently
requires limits of$1,000,000/$3,000,000.
(b) The SON will encourage each Student participating in the clinical education
program to acquire comprehensive health and accident insurance that will provide continuous
coverage of such Student during his or her participation in the education program. The SON will
inform Students that they are responsible for their own health needs, health care costs, and health
insurance coverage. Students shall not be deemed employees of Covered Entity for any purpose.
(c) Each party to this Agreement will be responsible for the negligent acts or
omissions of its own employees, officers, or agents in the performance of this Agreement.
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Neither party will be considered the agent or employee of the other and neither party assumes
any responsibility to the other party for the consequences of any act or omission of any person,
firm, or corporation not a party to this Agreement.
(d) Nothing contained herin shall be construed to be a waiver of any sovereign, governmental
or official immunities of Clinical Entity or its employees, officers or agents.
16. Governing Law. The validity, construction, performance and effect of this Agreement
shall be governed by the laws of the State of Missouri without regard to its principles of conflicts
of laws, and any question arising under of this Agreement shall be construed or determined
according to such laws, except to the extent preempted by federal law.
17. Notices. Any notice required to be given pursuant to the terms of this Agreement shall be
in writing and shall be sent, postage prepaid, by certified mail, return receipt requested, to the
Clinical Entity or the SON at the address set forth below. The notice shall be effective on the
date of delivery indicated on the return receipt.
If to the Clinical Entity: If to the SON:
Attention: Attention: Dean Patricia Schroeder
Alverno College
School of Nursing
3400 South 43rd Street
P.O. Box 343922
Milwaukee WI 53234-3922
18. Prohibition Against Assignment. This Agreement may not be assigned by either party
without the prior written consent of the other party.
19. Non-Discrimination. Each party is separately responsible to comply with any
antidiscrimination law that applies to the party's activities under this Agreement. Neither party
has a right unlawfully to discriminate against any Student in the Clinical Program.
20. Survival. SON and Clinical Entity expressly intend and agree that the liability coverage
provisions of this Agreement will survive the termination of this Agreement for any reason.
21. Severability. If any provision of this Agreement shall be held to be wholly or partially
invalid or unenforceable under applicable law, said provision will be ineffective to that extent
only, without in any way affecting the remaining parts or provisions of said agreement.
22. Waiver. Neither the waiver by any of the parties hereto of a breach or of a default under
any of the provisions of this Agreement, nor the failure of either of the parties, on one or more
occasions,to enforce any of the provisions of this Agreement or to exercise any right or privilege
hereunder, will thereafter be construed as a waiver of any subsequent breach or default of a
similar nature, or as a waiver of any of such provisions, rights or privileges hereunder.
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23. Entire Agreement and Amendment: This Agreement is the entire agreement between the
parties and supersedes all prior agreements relating to the subject matter hereof. This Agreement
may be amended only by a writing signed by both parties.
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
[City of Columbia,Missouri] ALVERNO COLLEGE
By: By:
Name: Michael Matthes Name: Patricia Schroeder,RN,MSN,MBA, FAAN
Title: City Manager Title: Dean of the School of Nursing and Professor
Date: q"5"1q Date: ..6/o?o?/
ATTEST:
By:
Sheela Amin,City Clerk
APPROVED AS TO FORM:
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Nancy om:on,City Counselor
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