HomeMy WebLinkAbout1998 Approving a Clinical Agreement with the Junior College District of Metropolitan Kansas City, Missouri BILL NO. 2024-027 ORDINANCE NO. / 7 q <S
AN ORDINANCE APPROVING A CLINICAL AGREEMENT WITH THE JUNIOR
COLLEGE DISTRICT OF METROPOLITAN KANSAS CITY, MISSOURI
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby
approves the Clinical Agreement with the Junior College District of Metropolitan Kansas City,
Missouri, attached hereto in its substantial form, and the Board further authorizes the Mayor or
her designee to sign on behalf of the City.
SECTION 2 —AUTHORITY GRANTED. The Mayor, the City Administrator, Fire Chief and
other appropriate City officials are hereby authorized to take any and all actions as may be
deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to
execute and deliver for and on behalf of the City all certificates, instruments, agreements and
other documents, as may be necessary or convenient to perform all matters herein authorized.
SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the
City of Riverside this Jl -day ofailAV2.2024.
Mayor Kathleen L. R se
•
ATTEST:
•
Robin Kincaid, ity Clerk
CLINICAL AGREEMENT
This Clinical Agreement (Agreement) is by and between the Junior College District of
Metropolitan Kansas City, Missouri a/k/a Metropolitan Community College (MCC), a public
community college district and political subdivision of the State of Missouri, having a principal
address at 3200 Broadway, Kansas City, Missouri 64111, and the City of Riverside, Missouri
having a principal address at 2950 NW Vivion Rd Riverside, Mo 64150.
WHEREAS, MCC desires to provide to its students [student(s)] a clinical learning
experience through the application of knowledge and skills in actual patient-centered situations in
health care facilities; and
WHEREAS, Clinical Site has agreed to make its facility or facilities available to MCC and
its students for such purposes in the Associate Degree or Certificate specialty areas
Professional Nursing Community Health Worker
Practical Nursing Perioperative
Certified Nursing Assistant, Restorative
Aide, CMT, Insulin Administration, Level I Health Information Management
Medication AideI Sure ical Technology t Administrative Medical Assistant
Radiologic Technology } OB Tech
, Physical Therapist Assistant Dietary Aide
Occupational Therapy Assistant I Health Unit Coordinator
x Emer•enc Medical Technology-Paramedic Central Service Supply Tech
Dental Assisting Medical Interpreter
Phlebotomy
NOW,THEREFORE, based upon the mutual covenants set forth herein, the parties agree
as follows:
During the term of this Agreement the Clinical Site shall make available to MCC students
its facility or facilities so as to provide opportunities for clinical learning experiences in the specialty
areas checked above,which Programs must,at a minimum,satisfy the accreditation requirements
established by the appropriate accrediting agencies in the specialty areas noted above.
I. MUTUAL RESPONSIBILITIES
A. The Clinical Site and MCC will jointly plan the clinical experience, including
the criteria for participation in the clinical experience, the number of students who shall
participate each semester, and the placement and scheduling of students who shall
participate each semester, and the placement and scheduling of faculty, if any, and
students in the Clinical Site. Conferences between the designee or designees from the
Clinical Site and MCC Program coordinators will periodically be called to resolve routine
administrative details.
B. Neither the Clinical Site nor MCC will discriminate, on the basis of race,
color, national origin, religion, creed, sex, sexual orientation, gender identity, age, veteran
status, disability, or other lawfully protected classification, in either the selection of
students for participation in the program, or as to any aspect of the clinical training;
Clinical Agreement
Page 2
provided, however, that with respect to any student having a disability only those
accommodations that do not constitute an undue hardship on the Clinical Site or
fundamentally alter the nature of the Program will be granted.
C. The Clinical Site and MCC agree that the intention of the Programs is
instructional and that students shall remain students when in the Clinical Site's facility.
D. To the extent permitted by Missouri law and without waiving any defenses,
MCC shall indemnify and hold harmless Clinical Site and its officers, medical and nursing
staff, representatives and employees from and against all liabilities, claims, damages and
expenses, relating to or arising out of any act or omission of MCC or any of its faculty,
agents, representatives and employees under this Agreement, including, but not limited
to, claims for personal injury, professional liability, or with respect to the failure to make
proper payment of required taxes, withholding, employee benefits or statutory or other
entitlements..
E. Both parties agree to keep strictly confidential and hold in trust all
confidential information of each party and to not disclose or reveal any confidential
information to any third party without the express prior written consent of the other party
or unless required by law. The parties shall not disclose the terms of this Agreement to
any person who is not a party to this Agreement, except as required by law or as
authorized by the other party.
F. Both parties agree that student clinical activities are subject to the policies,
rules, and regulations of MCC, including without limitation MCC's Inclement Weather
Protocol. Upon student's receipt of an MCC Emergency Message Alert announcing a
cancellation or delayed start of staff and student work/classes/activities due to inclement
weather, emergencies, or for any other reason as specified in such an alert, student shall
immediately (i) comply with the instructions in the alert to cancel and/or delay all of
student's clinical activities until receiving an All Clear Message Alert from MCC, and (ii)
shall report to student's Clinical Site Supervisor, via phone call and electronic medium, all
affected changes in student's schedule and activities. If required, Clinical Site Supervisor
can request and will receive confirmation of such an Alert from student's clinical instructor,
via phone call or email.
II. MCC'S RESPONSIBILITIES
A. MCC shall provide faculty members from the Programs who shall be
responsible for:
1. Classroom instruction;
2. Preparation of Student/patient assignments and rotation plans for each
Student and coordination of the same with the Clinical Site;
3. Continuing oral and written communication with the Clinical Site
regarding Student performance and evaluation, absences and
assignments of students, and other pertinent information;
4. Tracking attendance of any student unexcused absences;
5. Assignment of the student's grade for the clinical experience at the
Clinical Site which incorporates the Clinical Site personnel's evaluation
of Student performance and information from consultation with Clinical
Site personnel;
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Clinical Agreement
Page 3
6. Administering the Test of Adult Basic Education (TABE) exam (for
Certified Medical Technician (CMT)students only); and
7. For the Certified Nurse Assistant (CNA), Certified Restorative Nurse
Assistant (CRNA), CMT, Insulin Administrator and Medical Technician
Level I students:
a) Providing a copy of the final record to each student; and
b) Submitting the names of the students who have successfully
completed the course to the appropriate agency for certification.
B. MCC shall assist the Clinical Site in determining the eligibility of the student
in the CNA, CRNA, Insulin Administrator, Medical Technician Level I, and/or CMT
programs by facilitating the Clinical Site's receipt from the students of the results of the
following:
1. A confirmation of receipt of High School Diploma or GED;
2. A criminal background check;
3. A check of the Family Care Safety Registry;
4. A check for a federal marker;
5. A check for the CNA Registry; and
6. For CMT and CRNA students only, a confirmation of six (6) months
employment as a CNA.
C. Students and MCC faculty agree to provide timely care that meets
applicable standards of The Joint Commission and will participate in collaboration with the
Clinical Site in performance improvement activities.
D. MCC shall obtain and maintain, or shall require each student, faculty,
and/or employee to obtain and maintain, occurrence-type general and miscellaneous
medical malpractice for nurses, student nurses, and allied health practitioners insurance
coverage in amounts not less than three million dollars($3,000,000) per occurrence, with
insurance carriers (or self-insurance programs)covering the acts and omissions of MCC,
its students, faculty, and/or employees. MCC shall further, at its expense, obtain and
maintain workers' compensation insurance and unemployment insurance for MCC
employees assigned to the Clinical Site. For all insurance described herein, MCC shall
require that the insurance carrier notify the Clinical Site at least thirty(30)days in advance
of any cancellation or modification of such insurance policy and shall provide to the Clinical
Site, upon request, certificates of insurance evidencing the above coverage and renewals
thereof.
E. MCC represents and warrants to the Clinical Site that it, its Programs, and
its students and employees participating hereunder: (i) are not currently excluded,
debarred, or otherwise ineligible to participate in the Federal health care programs as
defined in 42 U.S.C. §1320a-7b(f) (the "Federal health care programs"); (ii) are not
convicted of a criminal offense related to the provision of health care items or services but
has not yet been excluded, debarred or otherwise declared ineligible to participate in the
Federal health care programs, and (iii) are not under investigation or otherwise aware of
any circumstances which may result in MCC, its students, or employees being excluded
from participation in the Federal health care programs. This shall be an ongoing
representation and warranty during the term of this Agreement and MCC shall immediately
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Clinical Agreement
Page 4
notify the Clinical Site of any change in status of the representation and warranty set forth
in this section.
F. MCC will advise the assigned students of their responsibility for:
1. Complying with all established and existing rules and regulations, and
policies and procedures of the Clinical Site;
2. Conforming to the standards and practices established by MCC for
students receiving clinical experience instruction at the Clinical Site;
3. Remaining compliant with HIPAA regulations pertinent to the Clinical
Site's type of facility, which includes maintaining strict confidentiality of
information of Clinical Site and/or its patients, physicians, staff
members and visitors and not disclosing, posting on social media, or
revealing any confidential information to any third party except as
required by law or as authorized by the Clinical Site;
4. Meeting the health standards required by the Clinical Site, including
submitting to medical tests required by the Clinical Site, including
medical evaluations, examinations, labs and x-rays; completing any
health forms as requested by the Clinical Site;and remaining financially
responsible for their own individual medical care; however, students
shall not be required to pay more for said tests than the Clinical Site
charges its prospective employees;
5. All of their personal expenses, including meals, laundering of uniforms,
and transportation;
6. Reporting all breakage, loss or waste of equipment, supplies or drugs,
and damage to Clinical Site property to the classroom instructor or
supervising faculty member, as appropriate, who shall in turn report
such breakage, loss or damage to the Clinical Site Supervisor; and
7. Should a Student secure employment at the Clinical Site in their free
time, the Student employee may not wear MCC identification while
participating in such employment, and, because such employment has
no connection with MCC or the Programs, MCC shall not be
responsible for the actions of Student employees during times when
they are in the Clinical Site's employ.
G. MCC will notify the Clinical Site at a time mutually agreed upon of its
planned schedule of Student assignments including names of the students and length and
dates of planned experiences.
H. MCC will assign to the Clinical Site only students who have satisfactorily
completed the prerequisite academic courses for the clinical experience.
MCC will maintain approval/accreditation of its programs by the appropriate
accrediting agency for such programs and will advise the Clinical Site if its
approval/accreditation are ever suspended, limited, terminated or ended for any reason.
J. MCC will advise students that any medical expenses for medical care or
treatment for illness or injury they may incur while participating in the clinical experience
and all MCC related activities at the Clinical Site are the responsibility of the student.
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Clinical Agreement
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K. MCC's faculty and its students shall not be deemed employees or agents
of the Clinical Site. As such, MCC's faculty and students are not entitled to any
compensation from the Clinical Site under this Agreement, and they are not entitled to
participate in any of the Clinical Site's fringe benefit programs.
L. MCC agrees to protect the privacy and provide for the security of Protected
Health Information (PHI) pursuant to this Agreement in compliance with the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information
Technology for Economic and Clinical Health Act of 2009 (HITECH), and privacy and
security regulations published by the U.S. Department of Health and Human Services
(DHHS) contained at 45 C.F.R. Parts 160 and 164 which may be periodically revised or
amended (collectively, the"HIPAA Regulations")and other applicable laws and agrees to
take such actions as are necessary and appropriate in connection therewith. For purposes
of this Agreement, Clinical Site agrees and acknowledges that MCC and its students
obtaining clinical experience hereunder shall be considered part of the Clinical Site's
workforce under HIPAA_
III. CLINICAL SITE RESPONSIBILITIES
A. The Clinical Site shall provide qualified personnel for the specific areas
where students are placed for clinical experiences. Such personnel shall satisfy the
accreditation standards for the programs.
B. The Clinical Site shall review student information provided by MCC and if
any of the information is in question, shall make a determination as to the student's
eligibility to participate in a clinical learning experience with the Clinical Site.
C. The Clinical Site shall provide the students and faculty with a copy of all
established and existing rules and regulations and policies and procedures of the Clinical
Site.
D. Clinical Site personnel will have the responsibility for patient care,
supervision of students, and evaluation of student performance, with the exception of
nursing students who are supervised by MCC nursing faculty.
E. During the term of this Agreement, the Clinical Site shall make available to
MCC students its facilities so as to provide opportunities for clinical experiences which
must as a minimum satisfy the accreditation requirements established by the appropriate
accrediting agency in the field of the student's area of study.
F. The Clinical Site has the right to remove any student from the Clinical Site,
at any time the Clinical Site determines that the conduct of the student is undesirable or
unprofessional.
G. The Clinical Site shall immediately notify the respective Program
Coordinator should any student be injured or become ill while participating in the Clinical
experience. Treatment shall be administered as determined by the attending physician(s)
and student. However, nothing herein is to be construed as consent by any student to the
administration of medical treatment.
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Clinical Agreement
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H. Clinical Site acknowledges that it shall now, and in the future may, have
access to and contact with confidential information of students. Both during the term of
this Agreement and thereafter, the Clinical Site covenants and agrees to hold such
information in trust and confidence and to exercise diligence in protecting and
safeguarding such information, as well as any other information protected from public
disclosure by federal or state law or by the policies or procedures of MCC. Clinical Site
covenants and agrees it will not knowingly use, directly or indirectly, for its own benefit, or
for the benefit of another, any of said confidential information, but instead will use said
information only for the purposes contemplated hereunder. Further, the Clinical Site
covenants and agrees that it will not disclose any confidential information to any third party
except as may be required by law. Finally, the Clinical Site covenants and agrees that any
access to the confidential information of any student shall be in compliance with the Family
Education Rights and Privacy Act(FERPA).
Clinical Site represents that it is not debarred or suspended from doing
business with the federal government and/or any state government, and shall notify MCC
if it becomes debarred or suspended during the Term of this Agreement.
IV. TERM
A. This Agreement shall be effective for a term for three (3) years from the
effective date of this document, which shall be the date on which the last signing party's
representative executes this Agreement. Students shall be given the opportunity to
complete their clinical program at the Facility, with such completion time not to exceed six
(6) months in the event the Parties' elect not to extend the Agreement upon expiration.
B. Either party shall have the option to cancel this Agreement by giving the
other party thirty(30) days written notice of its intent to cancel.
C. Either party shall have the right to immediately terminate this Agreement in
the event the other party commits a material breach of its obligations under this Agreement
and does not remedy the breach within ten (10) days of receiving written notice of the
breach. Should notice of intent to terminate be given, students then enrolled in a program
at the Clinical Site at the time of notice of termination shall be given the opportunity to
complete their clinical program, with such completion time not to exceed six (6) months.
V. ORDER OF PRECEDENCE
In the event of a conflict or inconsistency between the terms and conditions of this
Agreement and the terms and conditions of any exhibit, invoice, purchase order, website
or other document attached hereto or incorporated herein by reference, the terms and
conditions of this Agreement shall govern.
VI. ADDITIONAL TERMS
A. All communications relating to this Agreement shall be in writing and may
be (i) hand delivered, (ii) sent by overnight courier, (iii) shall be deemed received within
five (5) business days after mailing if sent by registered or certified mail, return receipt
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Clinical Agreement
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requested, or(iv) upon confirmation of receipt when sent by electronic mail to the parties
at the addresses written below.
Notice to MCC shall be sent to:
Attn: MCC Legal Department
Metropolitan Community College— Penn Valley Campus
Health Science Institute
3200 Broadway
Kansas City, Missouri 64111.
Email address for notices: andrea.schatz@mcckc.edu
Notice to the Clinical Site shall be to:
Attn:
Gordon Fowlston
2990 NW Vivion Rd. Riverside, MO 64150
816-372-9024
gfowlston@riversidemo.gov
B. Nothing contained in the Agreement shall be deemed or construed by the
parties or by any third person to create the relationship of principal and agent or of
partnership or joint venture or of any association between the Clinical Site and MCC.
C. Neither party may assign or transfer any of its rights, duties or obligations
under this Agreement, in whole or in part, without the prior written consent of the other
party.This Agreement shall inure to the benefit of, and be binding upon,the parties hereto
and their respective successors and permitted assigns.
D. Any failure of a party to enforce that party's right under any provision of this
Agreement shall not be construed or act as a waiver of said party's subsequent right to
enforce any of the provisions contained herein.
E. The parties acknowledge that MCC and the City of Riverside, Missouri, as
political subdivisions of the State of Missouri, possess sovereign immunity under Missouri
law.
F. If any provision of this 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 unenforceable or invalid provision.
G. This Agreement shall be governed and construed in accordance with the
laws of the State of Missouri without regard to any conflict of laws provision. Any action at
law, suit in equity, or other judicial proceeding arising out of this Agreement shall be
instituted only in the Circuit Court of Platte County, Missouri or in federal court of the
Western District of Missouri.
H. This Agreement may be executed in Counterparts, which together
constitute one and the same agreement. If a party sends a signed copy of this Agreement
via digital transmission, such party will, upon request by the other party, provide an
originally signed copy of the Agreement.
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I. This Agreement contains the entire agreement of the parties and no other
agreement, statement or promise made by any party, or any employee, officer, or agent
of any party, which is not contained in this Agreement, shall be binding or valid. No
member or officer of MCC incurs personal liability by the execution or default of this
Agreement. All such liability is released by Clinical Site as a condition of and consideration
of the execution of this Agreement.
The parties have caused this Agreement to be executed by their authorized
representatives on the day and year written below.
Junior College District of Metropolitan City of Riverside, Missouri
Kansas City, Missouri
By: By: 47 : .I
Name: Larry idea Name: )S Fr7A I ezto L. — ,s,.2.
Title: President Title: d
Date: RECEIVED Date: 4I_i I /6) a,0,=2_
APR 04 ? 24
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