MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH AFFILIATION AGREEMENT ALL CHP PROGRAMS PARTIALLY EXECUTED 4.1.2023 (002).PDF

Maricopa County — Formal (2023-04-26)

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WESTERN GOVERNORS UNIVERSITY 
 
STUDENT ROTATION TRAINING AGREEMENT 
 
 
This Student Rotation Training Agreement (“Agreement”) sets forth the terms of 
the rotation of Students from Western Governors University (“WGU”), by and for its Leavitt 
School of Health, a Utah nonprofit corporation whose principal office is located at 4001 
S. 700 East, Ste. 700, Salt Lake City, UT 84107 to Maricopa County, by and for its 
Department of Public Health (“MCDPH”), whose principal office is located at 4041 N. 
Central Ave., Ste. 1400, Phoenix, AZ 85012 for educational training and experience.   
 
1. Rotation Goals and Objectives 
 
A. The educational goals and objectives for any rotation will be provided by WGU 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 WGU.   
 
B. The Program Director of the applicable Training Program at WGU shall retain full 
control and responsibility for the overall education of the Students.   
 
2. Responsibilities of WGU 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 WGU 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 WGU 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, WGU 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 WGU as faculty 
members on their own time (non-MCDPH pay status) will be subject to the same 
restrictions as stated herein.   
 
H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Student for the duration of the 
assigned rotation, to include commercial general liability insurance of $1,000,000 
each occurrence and $2,000,000 general aggregate, and professional liability 
insurance of $2,000,000 per claim and a $4,000,000 aggregate.  In the event any 
insurance policies required herein are written on a claims made basis, coverage 
shall extend for two years past the Agreement’s completion as evidenced by 
annual Certificates of Insurance.  WGU will provide proof of such coverage in the 
form of Certificates of Insurance to MCDPH.   
 
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 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 
and exclusive supervision of qualified staff employed by MCDPH.   
 
C. Designate a person or persons or MCDPH unit to assist in the coordination of the 
Students’ learning experiences, including planning with MCDPH staff for the

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assignment of Students to specific learning experiences which are appropriate for 
the Student’s program.   
 
D. Keep WGU informed of changes in policy which affect faculty and Students.   
 
4. Mutual Responsibilities of MCDPH and WGU 
 
A. The personnel of MCDPH and the faculty of WGU 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 WGU 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. To the extent MCDPH generates or maintains educational records related to the 
participating student, MCDPH agrees to comply with the Family Educational 
Rights and Privacy Act (FERPA), to the same extent as such laws and regulations 
apply to WGU and shall limit access to only those employees or agents with a 
need to know.  For the purposes of this Agreement, pursuant to FERPA, WGU 
hereby designates MCDPH as a school official with a legitimate educational 
interest in the educational records of the participating student(s) to the extent that 
access to WGU’s records is required by MCDPH to carry out the program. 
 
5. Term and Termination 
 
A. The term of this Agreement shall be from April 1, 2023, through June 30, 2032.  
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.   
 
6. Miscellaneous 
 
A. WGU 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

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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 or 
WGU.   
 
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. 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.   
 
E. Individuals executing this Agreement on behalf of the Parties represent and 
warrant that they have been authorized to do so.   
 
F. 
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.   
 
G. 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 the Health Insurance Portability and Accountability Act and the 
Family Educational Records and Privacy Act. 
 
H. Notices provided by either party to the other will be in writing, and will be deemed 
to have been duly given when delivered personally or when deposited in the 
United States mail, First Class, postage prepaid, addressed as indicated at the 
start of this Agreement.  If to WGU, notice should be addressed, “Attn: General 
Counsel.”  Notice may also be sent via email to WGU to: legal@wgu.edu (copy 
to: hpoutreach@wgu.edu).   
 
I. 
To the fullest extent permitted by law, and to the extent that claims, damages, 
losses or expenses are not covered and paid by insurance purchased by WGU, 
WGU shall defend, indemnify and hold harmless MCDPH (as Owner), its agents, 
representatives, officers, directors, officials, and employees from and against all 
claims, damages, losses, and expenses (including, but not limited to attorneys'

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fees, court costs, expert witness fees, and the costs and attorneys' fees for 
appellate proceedings) arising out of, or alleged to have resulted from the 
negligent acts, errors, omissions, or mistakes relating to the performance of this 
Agreement. 
 
i. 
WGU's duty to defend, indemnify, and hold harmless MCDPH, its agents, 
representatives, officers, directors, officials, and employees shall arise in 
connection with any claim, damage, loss, or expense that is attributable 
to bodily injury, sickness, disease, death or injury to, impairment of, or 
destruction of tangible property, including loss of use resulting therefrom, 
caused by negligent acts, errors, omissions, or mistakes in the 
performance of this Agreement, but only to the extent caused by the 
negligent acts or omissions of WGU, a subcontractor, any one directly or 
indirectly employed by them, or anyone for whose acts they may be 
liable, regardless of whether or not such claim, damage, loss, or expense 
is caused in part by a party indemnified hereunder. 
 
ii. 
The amount and type of insurance coverage requirements set forth 
herein will in no way be construed as limiting the scope of the indemnity 
in this paragraph.   
 
J. 
To the fullest extent permitted by law, and to the extent that claims, damages, 
losses or expenses are not covered and paid by insurance purchased by MCDPH, 
MCDPH shall defend, indemnify and hold harmless WGU, its agents, 
representatives, officers, directors, officials, and employees from and against all 
claims, damages, losses, and expenses (including, but not limited to attorneys' 
fees, court costs, expert witness fees, and the costs and attorneys' fees for 
appellate proceedings) arising out of, or alleged to have resulted from the 
negligent acts, errors, omissions, or mistakes relating to the performance of this 
Agreement. 
 
i. 
MCDPH's duty to defend, indemnify, and hold harmless WGU, its agents, 
representatives, officers, directors, officials, and employees shall arise in 
connection with any claim, damage, loss, or expense that is attributable 
to bodily injury, sickness, disease, death or injury to, impairment of, or 
destruction of tangible property, including loss of use resulting therefrom, 
caused by negligent acts, errors, omissions, or mistakes in the 
performance of this Agreement, but only to the extent caused by the 
negligent acts or omissions of MCDPH, a subcontractor, any one directly 
or indirectly employed by them, or anyone for whose acts they may be 
liable, regardless of whether or not such claim, damage, loss, or expense 
is caused in part by a party indemnified hereunder. 
 
ii. 
The amount and type of insurance coverage requirements set forth 
herein will in no way be construed as limiting the scope of the indemnity 
in this paragraph.

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K. WGU 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.   
 
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 WGU becomes aware during the term of the Agreement that WGU is not in 
compliance with this paragraph, WGU shall notify MCDPH within five business 
days after becoming aware of the noncompliance. Failure of WGU to provide a 
written certification that WGU has remedied the noncompliance within one 
hundred eighty (180) days after notifying MCDPH of its noncompliance, this 
Agreement shall terminate unless the Term of this Agreement shall end prior to 
said one hundred eighty (180) day period.   
 
L. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement: 
 
i. 
WGU 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 
WGU 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 WGU 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 WGU should visit the following web site: 
http://www.uscis.gov/portal/site/uscis.

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IN WITNESS WHEREOF, MCDPH and WGU have executed this Agreement. 
MARICOPA COUNTY 
Acting for and on behalf of 
the Department of Public Health 
WESTERN GOVERNORS UNIVERSITY 
Acting for and on behalf of its Leavitt 
School of Health 
By: 
By: 
Chairman,  
Maricopa County Board of 
Supervisors 
Name: 
Date 
Janelle R. Sokolowich PhD, 
MSN/Ed, RN 
Title: 
Academic Vice President/Dean 
Attest: 
Clerk of the Board 
Date 
Director, MCDPH 
Date 
Approved as to Form 
Date 
Deputy County Attorney