MARICOPA COUNTY DEPT. OF HEALTH.PDF
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NORTHERN ARIZONA UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Student Rotation Training Agreement (“Agreement”) is entered into by and between
Arizona Board of Regents for and on behalf of Northern Arizona University (“NAU”),
Flagstaff, Arizona and Maricopa County, by and for its Department of Public Health,
whose principal office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012.
This Agreement sets forth the terms of the rotation of students from NAU to MCDPH for
educational training and experience (“Students” or “Student”).
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by NAU to
the applicable MCDPH preceptor prior to the start of the rotation. If these goals
and objectives are acceptable to MCDPH, the MCDPH preceptor will sign a
statement agreeing to meet the goals and objectives of the rotation and will return
the original copy to NAU.
B. The Program Director of the applicable Training Program at NAU shall retain full
control and responsibility for the overall education of the Students.
2. Responsibilities of NAU for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for supervision and instruction as agreed upon by both parties.
C. Ensure that Students and faculty participating in the program at MCDPH adhere
to existing rules and regulations of MCDPH.
D. Ensure each Student participating in the program at MCDPH meets the same
health standards that are required of all employees at MCDPH. MCDPH may
request upon reasonable notice a physical examination and/or laboratory or other
diagnostic tests for any Student. The Student and NAU shall have the option to
either agree to such physical examinations, labs and tests or to withdraw the
Student from MCDPH. MCDPH shall not be responsible for any cost or charges
incurred for such physical examinations, labs or tests.
E. Prohibit Students or NAU staff members from releasing any material relative to
practical experiences that has not been approved for release for publication or to
third parties by MCDPH, or that is confidential by law.
F. Ensure that Student dress and grooming shall be appropriate for MCDPH and for
health care workers. Students will comply with the MCDPH dress code.
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G. Notwithstanding any provision to the contrary, NAU agrees that the faculty
members and Students enrolled at MCDPH shall not be employees or agents of
MCDPH or Maricopa County, and shall not be entitled to any defense or indemnity
under Maricopa County’s Declaration of Trust for Maricopa County, Arizona, Self-
Insured Risk Trust Fund, stipends, benefits, conditions, terms or rights of MCDPH
employees including workers’ compensation, medical or hospitalization insurance
or benefits, pension, retirement or vacation pay, credit or other benefits or rights
of MCDPH employees. MCDPH employees employed by NAU as faculty
members on their own time (non-MCDPH pay status) will be subject to the same
restrictions as stated herein.
H. NAU shall maintain adequate insurance (through the Arizona Department of Risk
Management Division, which is a self-insurance program) to cover any liability
arising from the acts and omissions of NAU Students, employees or agents
participating in the program. NAU shall not be responsible for maintaining
insurance coverage for liability arising from the acts and omissions of MCDPH
employees or agents.
MCDPH shall maintain adequate insurance (which may include a bona fide self-
insurance program) to cover any liability arising from the acts and omissions of
MCDPH employees or agents. MCDPH shall not be responsible for maintaining
insurance coverage for liability arising from the acts and omissions of NAU
Students, employees or agents.
I.
Remove from MCDPH any Student or faculty member reasonably identified, for
any reason, as unacceptable by MCDPH.
J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Students or faculty members.
K. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with MCDPH medical staff to assign Students to
specific learning experiences that are appropriate for the program(s).
L. Provide a 30-day advance notice for Students assigned to a rotation.
3. Responsibilities of MCDPH for Rotations
A. Provide training experiences and make available the related facilities at MCDPH
for Students enrolled in any program.
B. MCDPH staff will teach and supervise Students while assigned to MCDPH
experiences. Any client services provided by Students shall be under the direct
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and exclusive supervision of qualified staff employed by MCDPH. MCDPH shall
retain primary responsibility for its patients.
C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Students’ learning experiences, including planning with MCDPH medical staff for
the assignment of Students to specific learning experiences which are appropriate
for the Student’s program.
D. Keep NAU informed of changes in policy which affect faculty and Students.
4. Mutual Responsibilities of MCDPH and NAU
A. The personnel of MCDPH and the faculty of NAU assigned to the program will
confer at such times as may be mutually agreed upon to evaluate the educational
program.
B. The personnel of MCDPH and the faculty of NAU assigned to the program shall
cooperate in providing a sound educational environment.
C. Students are assigned for practical training experiences in the appropriate
MCDPH unit. Both parties shall mutually agree upon the number of Students and
the appropriate MCDPH unit for training.
D. Upon request, each party will complete program evaluation forms for Students,
faculty, or learning experiences.
E. NAU and MCDPH recognize that student educational records are protected by
the federal Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. §
1232g). MCDPH agrees to comply with FERPA and to not make any disclosures
of student educational records to third parties without prior notice to and consent
from NAU or as otherwise provided by law.
F. If MCDPH is a Covered Entity under the Health Insurance Portability and
Accountability Act (“HIPAA”) of 1996, as amended by the American Recovery and
Reinvestment Act of 2009 (“ARRA”) each as amended from time to time, then
Students shall function as part of MCDPH’s “workforce” as defined in 45 CFR
§160.103 and shall be subject to the HIPAA policies and procedures of MCDPH.
MCDPH shall be responsible for providing the assigned Students with the
appropriate training in their HIPAA policies and procedures. NAU shall ensure that
the assigned Students are familiar with HIPAA prior to their assignment to
MCDPH. NAU and MCDPH shall advise the Students to protect the confidentiality
of all patient/client/customer information (including medical records, electronic
data, radiology films, laboratory blocks, slides and billing information), and comply
with all of MCDPH’s policies on the release of patient/client/customer information
and all applicable federal and state laws and regulations protecting the
confidentiality of patients’/clients’/customers’ records.
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5. Term and Termination
A. The term of this Agreement shall be from July 1, 2023, through June 30, 2028.
The Agreement may be renewed for additional terms by the mutual consent of
both parties.
B. This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party; provided, however, Students participating at
MCDPH at the time of termination shall be given an opportunity to complete their
participation.
C. This Agreement may be renewed, revised, or modified by a written Addendum
signed by both parties.
6. Miscellaneous
A. NAU and MCDPH shall not discriminate against any individual on the basis of
age, race, religion, creed, sex, national origin, handicap, disability, sexual
orientation or veteran status. To the extent applicable to this Agreement, both
parties agree to comply with all state and federal employment laws, rules,
regulations and executive orders, including Executive Order 2009-09.
B. Nothing contained herein shall be deemed or construed as creating a relationship
of principal and agent or of partnership or of joint venture between the parties.
Students shall not be considered servants, agents, or employees of MCDPH.
C. This Agreement shall be construed and enforced in accordance with the laws of
the state of Arizona, and is subject to the provisions of A.R.S. § 38-511. Exclusive
venue and jurisdiction for any actions or proceedings related to or stemming from
this Agreement will be in the state or federal courts sitting in Phoenix, Arizona.
D. Pursuant to A.R.S. §12-1518, the parties acknowledge and agree that they may
be required to make use of mandatory arbitration of any legal action that is filed
in the Arizona Superior Court concerning a controversy arising out of this
Agreement if required by A.R.S. §12-133.
E. Neither party shall make any representations stating or implying that the parties
engage in broader transactions or that a party is otherwise associated with the
other without first obtaining express written permission from the other party. In
addition, neither party shall use any trade name, trademark, service mark, logo,
domain name, nor any other distinctive brand feature owned or used by the other
party without its express written authorization.
F.
Any other provision of this Agreement to the contrary notwithstanding, the parties
acknowledge that both are State of Arizona public institutions, and as such are
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subject to Arizona Public Record laws, Title 39, Chapter 1, Article 2 of the A.R.S.
§§ 39-121 through 39-127. Any provision regarding confidentiality is limited to the
extent necessary to comply with the provisions of state law.
G. If the NAU's performance under this Agreement depends upon the appropriation
of funds by the Arizona Legislature, and if the Legislature fails to appropriate the
funds necessary for performance, then the NAU may provide written notice of this
to the Facility and cancel this Agreement without further obligation of the NAU.
Appropriation is a legislative act and is beyond the control of the NAU.
H. This Agreement shall be binding upon and shall inure to the benefit of both parties
and their respective successors, heirs, assigns and legal representatives. Neither
this Agreement nor any rights hereunder may be assigned without the prior
written consent of the non-assigning party.
I.
Individuals executing this Agreement on behalf of the parties represent and
warrant that they have been authorized to do so.
J.
This Agreement contains the entire understanding of the parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
parties in writing and shall become effective on the date stated therein.
K. During the term of this Agreement, the parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules and regulations applicable to the performance of this Agreement, including
without limitation HIPAA and FERPA.
L.
Each party (as “indemnitor”) agrees to indemnify, defend, and hold harmless the
other party (as “indemnitee”) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney’s fees) (hereinafter collectively
referred to as “claims”) arising out of bodily injury of any person (including death)
or property damage but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officer, officials,
agents, employees, or volunteers.
M. NAU warrants and certifies that it does not currently, and agrees for the duration
of the contract that it will not, use:
i.
The forced labor of ethnic Uyghurs in the People’s Republic of China.
ii.
Any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
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iii.
Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
If NAU becomes aware during the term of the Agreement that NAU is not in
compliance with this paragraph, NAU shall notify MCDPH within five business
days after becoming aware of the noncompliance. Failure of NAU to provide a
written certification that NAU has remedied the noncompliance within one
hundred eighty (180) days after notifying MCDPH of its noncompliance shall
result in the termination of this Agreement unless the Term of this Agreement
shall end prior to said one hundred eighty (180) day period.
N. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i.
NAU warrants compliance with all federal immigration laws and regulations
relating to employees and warrants its compliance with A.R.S. § 23-214,
Subsection A (that subsection reads: “After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility
of the employee through the E-Verify program and shall keep a record of
the verification for the duration of the employee’s employment or at least
three years, whichever is longer”).
ii.
A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and NAU
may be subject to penalties up to and including termination of the contract.
iii.
Failure to comply with a State audit process to randomly verify the
employment records of contractors and subcontractors shall be deemed a
material breach of this Agreement and NAU may be subject to penalties
up to and including termination of the Agreement.
iv.
The State of Arizona retains the legal right to inspect the papers of any
employee who works on this Agreement to ensure that the contractor or
subcontractor is complying with the warranty under Paragraph i.
v.
For questions about E-Verify NAU should visit the following web site:
http://www.uscis.gov/portal/site/uscis.
(signature page follows)
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IN WITNESS WHEREOF, MCDPH and NAU have executed this Agreement.
MARICOPA COUNTY
Acting for and on behalf of
its Department of Public Health
ARIZONA BOARD OF REGENTS FOR
AND ON BEHALF OF NORTHERN
ARIZONA UNIVERSITY
By: _______________________________ By: _____________________________
Chairman, Karen Pugliesi, PhD Date
Maricopa County Board Executive Vice President
of Supervisors and University Provost
Attest:
Clerk of the Board
Date
Director, MCDPH
Date
Approved as to Form
Date
Deputy County Attorney
5/24/23