CREIGHTONUNIV-STUDENT AGMT.DOCX.PDF

DocuSign Envelope ID: 3DD747F0-FD56-4856-9CBF-E39E66E2C184
CREIGHTON UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Student Rotation Training Agreement (“Agreement”) sets forth the terms of
the rotation of Students from Creighton University (“CREIGHTON”), a Nebraska nonprofit
organization whose principal office is located at 2500 California Plaza, Omaha, NE 68178
to Maricopa County (“MC”), by and for its Department of Public Health, whose principal
office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012, and by and for
its Correctional Health Services Department, whose principal office is located at 3250 W.
Lower Buckeye Rd., Ste. 2100, Phoenix, AZ 85009 for educational training and
experience. This Agreement shall commence on July 1, 2019 and is valid through June
30, 2024.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by
CREIGHTON to the applicable MC preceptor prior to the start of the rotation. If
these goals and objectives are acceptable to MC, the MC preceptor will sign a
statement agreeing to meet the goals and objectives of the rotation and will return
the original copy to CREIGHTON.
B. The Program Director of the applicable Training Program at CREIGHTON shall
retain full control and responsibility for the overall education of the Students.
2. Responsibilities of CREIGHTON for Rotations
A. Use proper administrative procedures acceptable to MC 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 MC adhere to
existing rules and regulations of MC.
D. Ensure each Student participating in the program at MC meets the same health
standards that are required of all employees at MC. MC may request upon
reasonable notice a physical examination and/or laboratory or other diagnostic
tests for any Student. The Student and CREIGHTON shall have the option to
either agree to such physical examinations, labs and tests or to withdraw the
Student from MC. MC shall not be responsible for any cost or charges incurred
for such physical examinations, labs or tests.
E. Prohibit Students or CREIGHTON staff members from releasing any material
relative to practical experiences that has not been approved for release for
publication or to third parties by MC, or that is confidential by law.
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F. Ensure that Student dress and grooming shall be appropriate for MC and for
health care workers. Students will comply with the MC dress code.
G. Notwithstanding any provision to the contrary, CREIGHTON agrees that the
Faculty Members and Students enrolled at MC shall not be employees or agents
of MC 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 MC
employees including workers’ compensation, medical or hospitalization insurance
or benefits, pension, retirement or vacation pay, credit or other benefits or rights
of MC employees. MC employees employed by CREIGHTON as faculty members
on their own time (non-MC 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 $3,000,000 general aggregate, and professional liability
insurance of $1,000,000 per claim and a $3,000,000 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. CREIGHTON will provide proof of such
coverage in the form of Certificates of Insurance to MC.
I. Remove from MC any Student or Faculty Member reasonably identified, for any
reason, as unacceptable by MC.
J. Reimburse MC for breakage or damage (together “Damage”) to equipment or
supplies, provided MC 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 MC 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 MC for Rotations
A. Provide training experiences and make available the related facilities at MC for
Students enrolled in any program.
B. MC staff will teach and supervise Students while assigned to MC experiences.
Any client services provided by Students shall be under the direct and exclusive
supervision of qualified staff employed by MC.
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C. Designate a person or persons or MC unit to assist in the coordination of the
Students’ learning experiences, including planning with MC medical staff for the
assignment of Students to specific learning experiences which are appropriate for
the Student’s program.
D. Keep CREIGHTON informed of changes in policy which affect faculty and
Students.
4. Mutual Responsibilities of MC and CREIGHTON
A. The personnel of MC and the faculty of CREIGHTON assigned to the program will
confer at such times as may be mutually agreed upon to evaluate the educational
program.
B. The personnel of MC and the faculty of CREIGHTON assigned to the program
shall cooperate in providing a sound educational environment.
C. Students are assigned for practical training experiences in the appropriate MC
unit. Both parties shall mutually agree upon the number of Students and the
appropriate MC unit for training.
D. Upon request, each party will complete program evaluation forms for Students,
faculty, or learning experiences.
5. Term and Termination
A. The term of this Agreement shall be from July 1, 2019, through June 30, 2024.
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 MC
at the time of termination shall be given an opportunity to complete their
participation.
6. Miscellaneous
A. CREIGHTON and MC 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.
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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 MC.
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. 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
CREIGHTON, CREIGHTON shall defend, indemnify and hold harmless MC (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' 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
Creighton’s performance of this Agreement.
i. CREIGHTON's duty to defend, indemnify, and hold harmless MC, 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
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mistakes in the performance of this Agreement, but only to the extent
caused by the negligent acts or omissions of CREIGHTON, 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.
IN WITNESS WHEREOF, MC and CREIGHTON have executed this Agreement.
MARICOPA COUNTY CREIGHTON UNIVERSITY
Acting for and on behalf of
the Department of Public Health
By: By:
Chairman, Name: Jeffrey M. Zelda, MBA, JD
Maricopa County Board of Associate Dean
Supervisors College of Nursing
6/10/2019 | 3:57 PM CDT
Date:
Attest:
Clerk of the Board Date
Director, MC Date
Approved as to Form Date
Deputy County Attorney
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