AFFILIATION AGREEMENT BETWEEN ASPEN UNIVERSITY AND MARICOPA COUNTY.PDF
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Practicum Site Agreement
This PRACTICUM AGREEMENT is entered into between the ASPEN UNIVERSITY INC. with its principal place of business
located 4615 East Elwood Street Suite 100, Phoenix, AZ 85040 (hereinafter referred to as “SCHOOL”) and MARICOPA
COUNTY JAIL SYSTEM (Multiple locations) located in, Phoenix, Arizona 85009 (hereinafter referred to as “AGENCY”). This
agreement shall replace or supersede all other agreements between the parties.
WHEREAS, the mission of the Aspen University School of Nursing and Health Sciences is to enhance the health and
quality of life for individuals, families, and communities at local, state, and national levels through excellence in teaching,
scholarship and practice.
WHEREAS, the Master in Science in Nursing (MSN) program prepares nurses to assume leadership roles in management,
education, and practice within a diverse society and across a spectrum of healthcare settings.
WHEREAS, the AGENCY is willing to share its facilities with the SCHOOL by making its resources available for the
instruction of students.
NOW, THEREFORE, for and in consideration of the foregoing objectives and in further consideration of the covenants and
promises hereinafter set forth, the parties hereto mutually agree as follows:
1. Upon inception, the graduate student shall execute a form acknowledging all applicable policies required by
SCHOOL and AGENCY.
2. The graduate student participating in the practicum experience at the AGENCY will be enrolled in the graduate
nursing program and currently enrolled in a graduate nursing course with an appropriately credentialed faculty
member.
3. The graduate student will hold a current, unencumbered nursing license. This license is on file with the SCHOOL
and available upon request to the AGENCY.
4. A general orientation to the AGENCY will be provided by the Preceptor or AGENCY designee and must be
attended by the graduate student prior to beginning the practicum experience.
5. When on AGENCY premises, the graduate student will be under the direct supervision of a specified Preceptor
agreed upon by the SCHOOL and AGENCY.
6. The graduate student and Preceptor will negotiate the specific areas of the practicum experience in alignment
with the requirements of the graduate course in which the student is enrolled.
7. The SCHOOL shall instruct the graduate student that he/she shall follow all administrative policies, standards and
practices of AGENCY while participating in the practicum experience to the extent that AGENCY's rules and
regulations do not contradict the SCHOOL'S rules and regulations.
8. Where the AGENCY provides direct patient care, the SCHOOL and the graduate student shall comply with the
AGENCY’S applicable policy regarding the Health Insurance Portability and Accountability Act (HIPAA) and shall
not disclose any records concerning a patient or participant to any third party without the prior written consent of
the AGENCY.
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9. Upon mutual agreement, the AGENCY reserves the right, upon consultation with the SCHOOL, to require the
dismissal or removal from the AGENCY any graduate student (i) whose personal characteristics prevent desirable
relationships with AGENCY, (ii) whose health status is a detriment to the graduate student's successful completion
of the practicum experience or to the welfare of patient or participants or (iii) whose performance, after
appropriate instruction and counseling, continues to fall below the level required to maintain practice standards.
10. The SCHOOL agrees that the faculty member may serve as consultant and on committees of the AGENCY when
requested by the AGENCY.
11. There will be no exchange of monies between the AGENCY, the SCHOOL, the Preceptor, or the graduate student.
12. The graduate student will be responsible for personal transportation, meals, laundry and health care needs in the
performance of this agreement.
13. To the extent permitted by applicable law, each party does hereby covenant and agree to indemnify and hold
harmless the other party, its appointed boards and commissions, officials, officers, employees, students, and
subagents, individually and collectively, from all fines, claims, demands, suits or actions of any kind and nature by
reason of its acts or omissions occurring in the performance of this Agreement. Nothing in this Agreement or in
its performance shall be construed to result in any person being the officer, agent, employee or servant of either
party when such person, absent of this Agreement and the performance thereof, would not in law have had such
status. Nothing in the execution of this Agreement or in its performance shall be construed to establish a joint
venture by the parties hereto.
14. Both parties, in connection with any service or other activity under this Agreement, agree not to unlawfully
discriminate against any person on the grounds of race, color, religion, sex, sexual orientation, gender identity,
national origin, ethnicity, age, disability, political affiliations or belief. The SCHOOL and the AGENCY will comply
with Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA) of 1991, Title IX of the
Education Amendments Act of 1972 and Section 504 of the Rehabilitation Act of 1973.
15. In addition to those laws specifically mentioned in this Agreement, AGENCY shall comply with all applicable
policies of SCHOOL applicable to it and comply with all applicable laws and rules.
16. INSURANCE:
A. SCHOOL, at contractor's own expense, shall purchase and maintain, at a minimum, the herein stipulated
insurance from a company or companies duly licensed by the State of Arizona and possessing an AM
Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of County. The form of any insurance policies
and forms must be acceptable to County.
B. All insurance required herein shall be maintained in full force and effect until all work or service required
to be performed under the terms of the contract is satisfactorily completed and formally accepted.
Failure to do so may, at the sole discretion of County, constitute a material breach of this contract.
C. In the event that the insurance required is written on a claims-made basis, SCHOOL warrants that any
retroactive date under the policy shall precede the effective date of this contract and either continuous
coverage will be maintained, or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
D. SCHOOL's insurance will be primary insurance as respects County, and any insurance or self-insurance
maintained by County will not contribute to it.
E. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
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insurance policy warranty shall not affect the County's right to coverage afforded under the insurance
policies.
F. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such
deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to
County under such policies. SCHOOL shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require SCHOOL to secure payment of such deductibles or self-
insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
G. The insurance policies required by this contract, except Workers' Compensation and Errors and
Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as
additional insureds.
H. The policies required hereunder, except Workers' Compensation and Errors and Omissions, shall contain
a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials, and employees for any claims arising out of SCHOOL's work or service.
I.
If available, the insurance policies required by this contract may be combined with Commercial Umbrella
Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is
utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
17. Commercial General Liability
A. Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a
limit of not less than $1,000,000 for each occurrence, $3,000,000 Products/Completed Operations
Aggregate, and $3,000,000 General Aggregate Limit. The policy shall include coverage for premises
liability, bodily injury, broad form property damage, personal injury, products and completed operations
and blanket contractual coverage, and shall not contain any provisions which would serve to limit third
party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope
of coverage for liability arising from explosion, collapse, or underground property damage.
18. Professional Liability Insurance
A. ASHS shall maintain Professional Liability insurance which will provide coverage for all acts arising out of
the work or services performed by ASHS under the terms of this contract, with a limit of not less than
$1,000,000 for each claim, and $3,000,000 aggregate claims.
19. Sexual Molestation and Physical Abuse
A. The policy shall be endorsed to include coverage for sexual molestation and physical abuse at limits not
less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. These limits may be included
within a General Liability policy, Professional Liability policy or provided by separate endorsement with its
own limits as required. ASHS must provide the following statement on their Certificate(s)of insurance:
"Sexual molestation and physical abuse coverage is included." Policies/certificates stating that "Sexual
molestation and physical abuse coverage is not excluded" do not meet this requirement.
20. Certificates of Insurance
A. Clinical rotations will not begin until ASPEN has provided proof of insurance.
B. Prior to the start of clinical rotations, SCHOOL shall furnish the County with valid and complete
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certificates of insurance, or formal endorsements as required by the contract in the form provided by the
County, issued by SCHOOL's insurer(s), as evidence that policies providing the required coverage,
conditions, and limits required by this contract are in full force and effect. Such certificates shall identify
this contract number and title.
C. In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis,
coverage shall extend for two years past completion and acceptance of SCHOOL's work or services and as
evidenced by annual Certificates of insurance.
D. If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15
calendar days prior to the expiration date.
E. Certificates of Insurance shall identify Maricopa County as the additional insured/certificate holder under
General Liability as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
21. Cancellation and Expiration Notice
A. Applicable to all insurance policies required within the insurance requirements of this
contract, SCHOOL's insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without 30 calendar days prior
written notice to Maricopa County. SCHOOL must provide notice to Maricopa County,
within two business days of receipt, if they receive notice of a policy that has been or
will be suspended, canceled, materially changed for any reason, has expired, or will
be expiring. Such notice shall be sent directly to Maricopa County Office of
Procurement Services and shall be mailed or hand delivered to 301 W. Jefferson St.
Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the
solicitation.
1.
Delegation. Parties shall not delegate to persons or entities not affiliated with Agency all or any part of the
work to be performed under this Agreement unless the persons or entities are able to fulfill the obligations
under this Agreement. In instances where Agency delegates its duties under this Agreement to persons or
entities not affiliated with Agency, such delegate shall be an agent of Agency.
2.
Termination of Student Rotation. Upon the reasonable request of Agency, SCHOOL shall remove a Student
from rotation if Agency deems a Student poses a threat or danger to patients; provided, however, Agency shall
provide with such request in writing and allow SCHOOL a reasonable time to effectuate such removal.
3.
Educational Records. The designated program of SCHOOL shall maintain the educational records and
information related to the student of the University. Agency shall assist SCHOOL as may be reasonably
necessary so that the designated program of SCHOOL may comply with such laws, rules, and regulations relating
to educational programs.
4.
Term and Termination. This Agreement will continue until terminated. Either Party may terminate this
Agreement without cause at any time upon ninety (90) days’ written notice of the intended date of termination.
Students on rotation at the time of termination shall be given an opportunity to complete their rotation. Non-
assignment of students to Agency for any given rotation shall not affect the continuation of this agreement.
5.
Relationship of the Parties. Nothing contained herein shall be deemed or construed as creating a relationship
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of principal and agent or of partnership or of joint venture between the Parties hereto. Students shall not be
considered servants, agents, or employees of Agency nor University but rather student trainees who do not
replace Agency employees and who are not covered by Agency’s or University’s Social Security, Workers’
Compensation or Unemployment Compensation. Employees of SCHOOL and students acknowledge that under
this Agreement no employee or participant of SCHOOL is to be considered a County employee, and that no
rights of County merit, County retirement, or County personnel rules shall accrue to such individual. SCHOOL
shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's
compensation, occupational disease compensation, unemployment compensation, other employee benefits,
and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold County
and CHS harmless with respect thereto.
6.
Emergency Care. In the event of accidental injury or illness of any Student, University Coordinator or faculty
member, Agency shall, upon request, provide emergency care at Agency, but Agency shall not be responsible
for follow-up care or costs incurred in providing such care.
7.
Federal Regulations.
a.
Each Party to this Agreement warrants compliance with the Immigration and Nationality Act and all
other federal immigration laws and regulations related to the immigration status of its employees and
as applicable with A.R.S. §23- 214(A). Each Party shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the other Party upon request. These
warranties shall remain in effect through the term of this Agreement. Each Party and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing work under this
Agreement and as applicable verify employee compliance using the E-verify system and shall keep a
record of the verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each Party retains the legal
right to inspect contractor and subcontractor employee documents performing work under this
Agreement to verify compliance with this Agreement. Each Party and its subcontractors shall be given
reasonable notice of the other Party’s intent to inspect and shall make the documents available at the
time and date specified. Should either Party find that the other Party or any of its subcontractors are
not in compliance; such non- compliance may be considered a material breach of this Agreement and
may pursue any and all remedies allowed by law. Nothing set out herein shall make any subcontractor
an agent or employee of either Party.
b.
Each party shall comply with all applicable laws, ordinances, executive orders, rules, regulations,
standards, and codes of the federal, state, and local government whether or not specifically referenced
herein. As applicable to a party, the party agrees that there will be no discrimination as to race, sex,
religion, color, age, creed, or national origin in regard to obligations, work, and services performed
under the terms of any contract ensuing from this engagement. As applicable to a party, the party will
comply with the Executive Order No. 11246, entitled “Equal Employment Opportunity” and as amended
by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part
60).
8.
In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and other records
relating to this Agreement shall be retained and subject at all reasonable times to inspection and audit by the
State five (5) years after completion of this Agreement. Upon request, Party shall produce original of any and
all such records.
9.
Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel any contract without penalty or further
obligation within three years after execution of the contract, if any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the Parties is at any time while the contract
or any extension of the contract is in effect, an employee or agent of any other party to the contract in any
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capacity or consultant to any other Party of the contract with respect to the subject matter of the contract.
Additionally, pursuant to A.R.S § 38-511 the Parties may recoup any fee or commission paid or due to any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
the Parties from either Party to the contract arising as the result of the Contract.
10.
Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of
Arizona.
a.
Jurisdiction. Any litigation arising from the Agreement or the performance thereof will be decided in
the federal or state courts of Maricopa County unless otherwise agreed to between the Parties. The
laws of the State of Arizona shall govern the construction and interpretation of this agreement. This
Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration.
11.
Assignment. This Agreement shall be binding upon and shall inure to the benefit of 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.
12.
Entire Agreement. This Agreement contains the entire understanding of the Parties relating to the subject
matter of this Agreement. Any prior agreements, promises, negotiations or representatives 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.
a.
Any provision of this Agreement, which is determined to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and
effect.
b.
Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be
a waiver of any subsequent breach of any term, covenant or condition herein.
13.
Modification. Any modifications of amendments hereto must be agreed to by both Parties in writing and shall
become effective on the date stated therein.
14.
HIPAA and FERPA. All services provided by Agency shall be provided in accordance with professional standards
and all applicable federal, state or local governmental laws and regulations, and in accordance with those
applicable standards of the Joint Commission on Accreditation of Healthcare Organizations. During the term(s)
of this Agreement, the Parties shall take such actions, including revising this Agreement, as necessary or
advisable to comply fully with all laws, rules, regulations applicable to the performance of this Agreement,
including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the
Family Educational Records and Privacy Act (FERPA).
15.
Representations. Each Party to this Agreement represents that: (1) it is not currently excluded, or threatened
with exclusions, from participating in any federal or state funded health care program, including Medicare,
Medicaid, and Champus/Tricare; and (2) it has never been subject to any sanctions by any of the
aforementioned programs. Each Party shall notify the other of any imposed exclusions or sanctions covered by
this representation and the notified Party reserves the right to terminate the Agreement immediately upon
receipt of such notice.
16.
Authority to Execute Contract. Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.
This Agreement is effective when signed by the Parties. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied,
electronic and scanned signatures are acceptable as original signatures.
23. This agreement will expire on ___________________________ (enter a month/day/year at
least 1 year from the anticipated practicum course start date) unless terminated by either
-continues until terminated
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party upon giving 30 days advance written notice to the other party.
Student: Submit this completed form directly to ProjectConcert. Directions can be found on page 29 of the
MSN Handbook under “Instructions Uploading Documents to Project Concert”
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective
dates written below.
ASPEN UNIVERSITY
MARICOPA COUNTY
By : ____________________________ By:______________________________
Name: __________________________ Name: __________________________
Title: President/ Director Title: Chairman, Board of Supervisors
Date:______________________ Date:_____________________
ATTESTED TO:
By: ________________________________
Name: ______________________________
Title: Clerk of the Board
Date: _______________________________
APPROVED AS TO FORM:
By: ________________________________
Name: ______________________________
Title: Deputy County Attorney
Date: ______________________________
Kimberly Warren MSN, BSN, RN
Manager of Field Experience
4/17/23
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Davina Bressler
4/18/2023