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HomeMy WebLinkAboutFlorida State University SLP Agreement AFFILIATION AGREEMENT BETWEEN the Florida State University Board of Trustees, a public body corporate of the State of Florida, acting for and on behalf of the Florida State University School of Communication Science & Disorders, and Idaho Falls School District 91 for field experience in Speech-Language Pathology or Audiology THIS AGREEMENT is made between the Florida State University Board of Trustees, a public body corporate of the State of Florida, by and on behalf of the Florida State University School of Communication Science & Disorders, whose address is 201 West Bloxham Street, Florida State University, Tallahassee, Florida 32306-1200 (hereinafter the Idaho Falls School District 91 whose address is 690 John Adams Parkway, Idaho Falls, Idaho, 83401 (hereinafter -language pathology and audiology; and WHEREAS, clinical education and experience is a required and integral component of the WHEREAS, the School desires the assistance of the Facility in developing and implementing the clinical education phase of its speech-language pathology curriculum known as clinical education; and WHEREAS, the Facility wishes to assist the School in developing and implementing the -language pathology students. NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the School and the Facility agree as follows: I. Mutual Responsibilities of the School and the Facility A. The School and the Facility will cooperate to establish objectives for clinical education and devise methods for implementing these objectives and evaluating their effectiveness. 1 B. The School and the Facility will determine the number of students to be assigned to the Facility and the length of the clinical education experiences required to achieve the established educational objective. C. In accordance with applicable law, the School and the Facility will not discriminate against any student because of age, race, color, religion, sex, disability status or national origin. D. The School is a public body corporate of the State of Florida and is not statutorily or legislatively authorized to indemnify other parties to its agreements. In recognition thereof, the parties agree that, as to any claims for damages brought or asserted by non-parties to this Agreement, each party hereto agrees to be fully responsible for the acts or omissions of its own employees and agents while acting within the scope of their employment or agency and arising out of its obligations under this Agreement, and neither party shall be responsible for the acts or by the parties immunity pursuant to section 768.28, Florida Statutes, and it does not alter said waiver or extend the liability of either party beyond the limits established in section 768.28, Florida Statutes. II. Responsibilities of the School A. The School will assume overall responsibility for developing and implementing the education program in speech-language pathology curriculum. B. The School will refer to the Facility only those students who are enrolled in the prerequisites for clinical education experience. C. The School will designate a person or persons to direct the clinical education programs at the School and to act as liaison for the School, the Facility and the student(s). D. clinical education experience(s). E. The School will notify the Facility of its planned schedule of student assignment(s), including the dates of clinical experience(s), the name(s) of the student(s) and the level of academic and preclinical preparation of each student. F. The School will provide the Facility with educational objectives and evaluation forms for each clinical education assignment. G. The School will maintain communication with the Facility on matters pertinent to clinical education. Such communication may include, but not be limited to, on-site 2 visits to the Facility, workshops, meetings and the provision of educational materials relevant to the clinical education program. H. The School will advise students assigned to the Facility of their responsibility for complying with this Agreement and the existing rules and regulations of the Facility, including the responsibility for complying with any physical examination requirements for the Facility. However, should the Facility specifically require that each student be fully vaccinated or tested for COVID-19, with proof of vaccination as a prerequisite for participation, the parties acknowledge that these requirements are established solely by the Facility and the Facility shall assume all responsibility and liability for maintaining and/or enforcing its vaccine requirements and/or additional COVID-related policies. It is fully understood that the School will not maintain or enforce any COVID-related vaccination or testing policies of the Facility. I. The School is a public body corporate of the State of Florida, and its liability for tort claims is governed by section 768.28, Florida Statutes. The School is self- insured under the State Risk Management Trust Fund up to the liability limits prescribed in section 768.28, Florida Statutes. The School further warrants that it will keep such self-insurance in full force and effect to respond to any claims arising out of the actions of the School, its faculty and staff during the term of this Agreement and for the two year period immediately following the termination or expiration of this Agreement. The School shall provide the Facility with confirmation of such self-insurance upon execution of this Agreement and upon the request. Nothing in this agreement is intended to be construed or interpreted as (1) denying either the School or the Facility any remedy or defense available to it under state laws; (2) the consent of the State of Florida or any of its agents and/or agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond any waiver explicitly stated in the Florida Statutes. J. The School further avers and warrants that the Florida State University College of Medicine Self-Insurance Program, authorized and established pursuant to section 1004.24, Florida Statutes, and Board of Governors of the State of Florida Regulation 10.001, when applicable, provides general liability protection and professional patient care liability protection for the students of Florida State University while engaged in pre-approved course of study and training programs, and when not subject to the immunity as described in section 768.28, Florida Statutes, for the rendering of, or failure to render, Professional Health Care Services, and provides the following student coverage limits: Patient General Liability: $1,000,000 per occurrence, with an annual aggregate of $3,000,000, and Professional Liability: $1,000,000 per occurrence, with an annual aggregate of $3,000,000. The foregoing shall be deemed sufficient and acceptable in meeting all School obligations with regard to general and professional liability insurance for its employees, agents, and students, as applicable. The School shall provide the Facility with confirmation of such insurance upon execution of this Agreement and t. 3 K. clauses in the Agreement to the contrary, the School is a public body corporate of the State of Florida and certain information, including this Agreement, may be subject to C The School retains the right to make interpretations of its duties and obligations under the law and any disclosure of information by the School pursuant to the Florida Public Records Act shall not be considered a breach of this Agreement. Further, upon delivery of data or information to the School, the Facility agrees to mark or otherwise identify any information it considers to be a m is defined in sections 119.071 and 688.002, Florida Statutes. L. The School reserves the right to terminate a clinical education assignment if the School determines that condition at the Facility are detrimental to student learning. III. Responsibilities of the Facility A. The Facility will have ultimate responsibility for patient care at the Facility B. The Facility will provide qualified staff, patients, physical facilities, clinical equipment and materials in accordance with clinical education objective as agreed upon by the Facility and the School. C. The Facility will provide each assigned student with a planned, supervised program of clinical experience. D. The Facility will provide each assigned student with an orientation to the Facility, including a copy of pertinent rules and regulations of the Facility. E. The Facility will designate one person to serve as coordinator of clinical education for the Facility and to act as liaison with the School. F. The Facility will evaluate the performance of the assigned student(s) in writing, using forms provided or approved by the School. Evaluation materials will be forwarded or delivered to the School within one week of the conclusion of the clinical education assignment at the Facility. G. The Facility will advise the School at the earliest possible time of any changes in its operation, policies or personnel which may affect clinical education. H. The Facility will advise the School of the earliest possible time of any serious t will then be the mutual responsibilities of the students, the Facility and the School to advise a plan by which the student may be assisted toward achieving the stated objectives of the clinical education assignment. I. The Facility reserves the right to require that the School withdraw from a clinical education assignment any student whose health or performance is detrimental or 4 potentially detrimental to patient well-being or to the achievement of the stated objectives of the clinical education assignment. J. Upon request, the Facility will provide the School with information regarding the availability of first aid and emergency care for the student while on clinical education assignment on the property of the Facility. If the Facility provides first aid and/or emergency care to an assigned student, the Facility may charge the student reasonable fees for such services. K. The Facility will use records protected by the Family Educational Rights and Privacy Act (FERPA) only to the extent necessary to comply with its duties and obligations under this Agreement and will not disclose any FERPA records without the prior consent of the Student, except to a subcontractor that (i) is essential to the Facility carrying out its duties and obligations under this Agreement and is performing a service for which the Facility would otherwise use its own employees and (ii) has agreed in writing to comply with all relevant provisions of FERPA. L. In accordance with section 288.860, Florida Statutes, the School may not participate in an agreement with any foreign principal organized under the laws of, or having its principal place of business in, a foreign country of concern as defined by section 288.860(1), Florida Statutes, as may be amended from time to time, or a subsidiary thereof. The Facility affirms and represents that it is not a foreign principal of a country of foreign concern, and in the event of any assignment to such foreign principal, the Agreement shall be subject to immediate termination by the School. IV. Responsibilities of the Student A. The student is required to comply with this agreement, all applicable policies, procedures and rules of the Facility, the School and the Code of Ethics of the American Speech-Language-Hearing Association. B. The student is responsible for demonstrating professional behavior appropriate to the environment of the Facility, including protecting the confidentiality of the patient information and maintaining high standards of patient care. C. The student is responsible for making appropriate arrangements for transportation to and from the Facility housing, if necessary, and assuming any travel or living expenses incurred in relation to clinical education. D. The student is responsible for evaluating his or her clinical education experience using forms provided by the School and/or the Facility. E. The student is responsible for submitting a Criminal Background Check to facility and assuming any expenses incurred in relation to this task. F. The student is required to maintain health insurance or be responsible for medical expenses incurred during a clinical education assignment. 5 G. The student has the right to request withdrawal from a clinical assignment, giving notice and cause in writing to both the Facility and the School prior to leaving the assignment. V. Term. This Agreement shall become effective immediately upon signing of all parties to the agreement, and shall remain in effect for three years unless otherwise sooner terminated as hereinafter provided. Either party may terminate this Agreement, upon sixty (60) days prior written notice, and any student(s) currently assigned to the Facility at the time of notice of termination shall be given the opportunity to complete his, her or their clinical education assignments at the Facility, such completion not to exceed three months. VI. Notice. Any written communication or notice pursuant to this Agreement shall be made to the following representatives of the respective parties at the following addresses: FOR THE SCHOOL: Jinger Deason Contract Manager School of Communication Science and Disorders Florida State University 201 West Bloxham Street Tallahassee, FL 32306-1200 FOR THE FACILITY: Andrea Williams, Student Services Director Idaho Falls School District 91 690 John Adams Parkway Idaho Falls, Idaho 83401 VII. Entire Understanding. This Agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duty authorized officials of both the School and the Facility. VIII. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, this Agreement shall remain in full force and effect in accordance with its terms, disregarding such enforceable or invalid provision. 6 IX. Captions. The caption headings contained herein are used solely for convenience and shall not be deemed to limit or define the provisions of this Agreement. X. No Waiver. Any failure of a party to enforce that the provisions contained herein. XI. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the state of Florida. Venue shall be considered proper in Leon County, Florida. XII. Binding Effect. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Signatures: Idaho Falls School District 91 Date executed: By: ___________________________________ ____________ Name: Title: Florida State University School of Communication Science and Disorders, Tallahassee, Florida 32306-1200 Date executed: By:___________________________________ ___________ Name: Michelle Kazmer, Ph.D. Title: Dean, College of Communication and Information Date executed: By:___________________________________ ___________ Name: Carla Wood, Ph.D. CCC-SLP Title: Director, School of Communication Science and Disorders 7 E XHIBIT A: H UMAN T RAFFICKING D ECLARATION I declare, under penalty of perjury, that (1) I am a duly authorized officer or representative of the Facility, and (2) the Facility does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Under penalty of perjury, I declare that I have read the foregoing Declaration and that the facts stated in it are true. O N B EHALF OF THE F ACILITY: S IGNATURE: N AME: T ITLE: D ATE: 8