GCU AFFILIATION AGREEMENT ORIGINAL.PDF

Maricopa County — Formal (2019-06-26)

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Clinical Education Agreement
Between
MARICOPA COUNTY
And
GRAND CANYON UNIVERSITY
..74,
C-95-19-101-3-0
This Agreement shall be effective as of the last date signed below. The parties to this
Agreement are -- • g-L RAND CANYON UNIVERSITY
("University") with its principal place of business located at 3300 West Camelback Road,
Phoenix, Arizona 85017 and MAR1COPA COUNTY, a political subdivision of the State of
Arizona, administered by its RYAN WHITE, PART A PROGRAM ("Ryan White").
RECITALS
WHEREAS, the University wishes to participate with Ryan White in providing coordinated clinical
and non-dfinical educational programs for the education and training of Inursinq and health science [ Commented [ECM: Will cover the following programs, if
students, classified as either students, externs, interns, residents, and/or fellows from the University, placement is applicable for practicum requirements:
(hereinafter called "Program Participants"); and BSN Pre-licensure
RN to BSN
Master of Science in Nursing with an Emphasis in Nursing
WHEREAS, Maricopa County owns and operates Ryan White, and wishes to cooperate in the Leadership in Health Care Systems
development of settings for coordinated clinical non-clinical educational, research and public service Master of Science in Nursing with an Emphasis in Nursing
programs of interest to the University and Maricopa County. Education
Master of Science in Nursing with an Emphasis in Public Health
Master of Science in Nursing with an Emphasis in Health
THEREFORE, the parties hereby agree as follows: Informatics
Master of Science in Health Informatics
ARTICLE 1: TERM Master of Public Health
Doctor of Nursing Practice
1.1 This Agreement is effective beginning May 1, 2019-and ending May 1, 2024 (no more than five Acute Family Care Nurse Nurse Practitioner Practitioner
(5) years). This Agreement may be terminated by either party at any time with prior written notice
to the other party.
1.2 This Agreement may be extended for up to one (1) additional five (5) year period or any portions
therefore, through a duly executed amendment signed by both the University and Ryan White.
ARTICLE 2: AGREEMENT LIMITATION
2.1 Each Party will retain complete control over such programs of its own that are outside of this
Agreement.
ARTICLE 3: SCOPE OF WORK
3.1 Program Participants will provide services in their assigned areas as mutually agreed upon
between Ryan White and University. Notice of any changes will be coordinated with the
appropriate Ryan White Professional staff.
3.2 Program Participants are not to be considered as ostensible agents, independent health care
providers, patient advocates, or volunteers, employees or agents of Maricopa County.
Furthermore, Program Participants are to be considered as individuals participating in training
programs while providing services pursuant to the terms of this Agreement.
3.3 Nothing in the execution of this Agreement or in its performance shall be construed to establish
an employer-employee, agency, partnership or joint venture relationship between the Program

Participants, individually or collectively, and Maricopa County. Each party understands and
agrees that this Agreement establishes a bona fide training relationship and that the agents,
Students, or employees of each respective party are not employees or agents of the other party.
3.4 The applicable Ryan White Professional Staff will oversee and modify as necessary the duties of
the Program Participants performed in accordance with learning objectives of those Program
Participants under their supervision.
3.5 Program Participants shall not have ultimate authority for decisions regarding the determination of
patient's clinical diagnoses, procedures, and/or dispositions as this authority rests with Ryan
White Professional staff.
3.6 This Agreement shall apply to all Ryan White's sites in Maricopa County.
3.7 Accreditation Compliance. This agreement covers the University. The accreditation bodies
responsible for the accreditation of the academic programs within the College of Nursing is the
Commission cim Collegiate Nursiron Educalliistrk
for the nursing student curriculum.
ARTICLE 4: UNIVERSITY RESPONSIBILITIES
4.1 Organize, establish and administer the academic education program. University shall be
responsible for planning the educational curriculum and shall maintain appropriate records and
reports on each Students clinical experience.
4.2 Provide and coordinate the individual educational and training programs for Program Participants,
including, but not limited to, recruitment, master schedules, program compliance, curricula
development, fiscal controls and budgeting, all disciplinary action, and all administrative and
overhead costs.
4.3 University shall not assign to a Supervising Clinician more than one student at any one time
during the Program experience.
4.4 University shall notify Ryan White in writing at least thirty days in advance of its proposed
schedule of clinical assignments, and such schedule is subject to the advance written approval of
Ryan White.
4.5 Ensure that each Program Participant, if applicable, is appropriately certified and/or licensed
pursuant to the requirements of the State of Arizona, or shall be deemed exempt from such
requirement by the appropriate Arizona licensure board, is in good standing in their program, and
complies with all applicable laws and rules established by the State and Federal Government.
University agrees to designate for participation in the Program only Students who have completed
the necessary training, appropriate prerequisites and didactic work for the Program, and are in
good standing with their respective institutions.
4.6 Ensure that Program Participants to comply with all applicable policies, procedures, rules and
regulations of Ryan White, as provided by Ryan White to the Program Participant(s), and to
maintain patient confidentiality in accordance with applicable laws, as well as the confidentiality of
records and business operations of Ryan White.
4.7 Upon Ryan White's request, University shall remove any Program Participant for unsatisfactory
performance or failure to comply with Ryan White's administrative, patient care or policies,
procedures, rules and regulations, or any applicable laws and rules of the State of Arizona. Ryan
White agrees to provide the University a statement in writing of the reason(s) for the requested
removal of the Program Participant. The withdrawal, dismissal or removal of a Program
Participant shall not affect continuation of this Agreement or the continued training of other
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Program Participants assigned to Ryan White.
4.8 Furnish Ryan White, upon execution of this Agreement and separate written request, certification
of worker's compensation coverage and commercial general liability insurance or funded self-
insurance for its employees.
4.9 University agrees to provide Ryan White with documentation, upon execution of this Agreement
and separate written request, that Program Participants have completed: (a) training in Human
Blood and Body Fluid Precautions, as set out by Occupational Safety and Health Administration
(OSHA) Regulations; (b) immunization for Hepatitis B, or signed the OSHA declination; (c) annual
Tuberculin skin test, chest x-ray or other appropriate health test survey; (d) medical clearance to
wear a TB effective respirator and proof of adequate fit testing for the respirator and (e)
immunization for Measles and Rubella. The student is responsible for costs for all pre-rotation
screenings (including criminal background reports and drug test). University shall also provide
Clinical Facility with documentation establishing that each Student has undergone the appropriate
pre-screening and background check, and is eligible to have direct contact with patients. School
shall maintain all personnel and academic records relating to Students.
4.10 Maintain accreditation by nationally recognized accreditation entities. Provide qualified faculty
and a structured educational experience to Program Participants in accordance with the
accreditation standards of the applicable Accreditation Agency, including operating and managing
the Colleges and their associated health sciences student and residency programs in accordance
with applicable accreditation guidelines and standards.
4.11 Notify Program Participants of Ryan White's requirement to provide personal protective
equipment (PPE).
4.12 Students shall maintain health insurance throughout the entire term of their participation in the
Program. Students shall be furnished emergency medical care and treatment, if needed, while on
duty at Ryan White with the associated expense to be the responsibility of the Student.
ARTICLE 5: Ryan White RESPONSIBILITIES
5.1 Ensure the availability of qualified applicable professional staff for the oversight, immediate and
direct supervision of the Program Participants. Supervising Clinicians will provide instruction and
supervision of Students assigned to the Program, in accordance with guidelines agreed upon by
Ryan White and University. Ryan White agrees to notify its staff of the obligations covered by and
agreed to in this Agreement.
5.2 Ryan White will ensure that that all notes or charting concerning a patient s treatment or progress;
if written by a Student, will be signed by the Student and countersigned by a Supervising
Clinician. Supervising Clinician shall complete written evaluations on each Student on forms
provided by School.
5.3 Ryan White assumes full responsibility for the care of its patients. It is understood that School
does not derive direct revenue from patient care activity at Ryan White.
5.2 Ensure the supervision of Program Participants as set out within this Agreement and that such
services shall be performed in a professional manner consistent with like services performed by
licensed professionals consistent with the applicable accreditation standards and requirements,
as well as the requirements, policies, procedures, and practices of Ryan White.
5.3 Maintain exclusive control over the contracting, credentialing and oversight of its Professional
Staff.
5.4 Notify Professional Staff involved in oversight of Program Participants of its responsibilities as
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supervisory staff, which include, but are not limited to, participation in formal evaluations of
Program Participants' performance and review of their clinical decisions, diagnoses, treatment
and/or procedures as applicable.
5.5 Notify University of concerns regarding any Program Participants safety and/or appropriateness
affecting his/her ability to carry out the responsibilities set out in this Agreement.
5.6 Provide Program Participants with training in Blood and Body Fluid Precautions pursuant to Ryan
White's policies and procedures for their facilities and programs.
5.7 Ryan White shall provide to the Program Participants covered by this Agreement emergency
medical care and treatment in life threatening situations that arise during the Program
Participants' training at Ryan White to the extent such treatment and care is available at Ryan
White; however, if Ryan White does not provide Emergency Room care in such facilities, Ryan
White shall provide for the prompt and appropriate transfer of the Program Participant to such a
facility. In such case, all associated expenses for such medical care and treatment shall not be
the responsibility of Ryan White.
5.8 The administration of didactic and hands on educational services at the facilities of Ryan White
shall be the sole responsibility of Ryan White.
5.9 At all times during the term of this Agreement and any renewal or extension hereof, Ryan White
shall, at its own expense, comply with applicable State and Federal laws and regulations
including but not limited to OSHA standards pertaining to Occupational Exposure to Blood borne
Pathogens with respect to each of School's employees, agents and Students(s) present at the
Ryan White.
5.10 Pursuant to paragraph 5.7 and if applicable, Ryan White agrees that, upon report of exposure to
an infectious agent or hazardous material of Program Participants (i.e needle stick, inhalation,
mucus membrane or skin exposure to blood or body fluids or airborne contaminants) Ryan White
will provide an assessment of the incident to determine exposure significance and the necessity
for initial prophylactic treatment, if applicable. Additionally, Ryan White will ensure any required
assessment and treatment will be within the time limits articulated, in compliance with the most
recent Centers for Disease Control (CDC) Guidelines, and consistent with the Occupational
Safety and Health Administration (OSHA) Standards. Ryan White will immediately make
available to the affected Program Participant a copy of all records of such treatment and follow up
if available and applicable including the HIV, HBV and HCV status, of the source to the extent
permitted by law. If Ryan White does not directly provide care consistent with the level of
exposure, then Ryan White will provide for the prompt and appropriate transfer or referral of the
Program Participant to a facility that provides the appropriate emergency medical care. Finally,
Ryan White will provide copies of all incident reports documenting the circumstances of the
exposure to: Grand Canyon University Risk Management Services, 3300W. Camelback Rd.
Phoenix, AZ, 85017, Attn: Director of Occupational and Environmental Health and Safety. Ryan
White will not be responsible for any post-exposure testing and further prophylactic drug
treatment. The University agrees that it will reimburse Ryan White for the cost of providing initial
prophylactic treatment upon reasonable demand for payment sent to Grand Canyon University,
3300 W. Camelback Road, Phoenix, AZ 85017. Ryan White will not bill Program Participant for
the initial prophylactic treatment.
5.11 In accordance with accreditation guidelines by the appropriate Accreditation Agencies under
which University operates, Ryan White will comply with, at a minimum, the following
requirements:
i. Ensure responsibility for the control and operation of Ryan White's facilities and its
programs.
Cooperate with the University and acknowledge the University's sole authority with
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respect to academic programs.
Use its best efforts to ensure that its environment promotes the development of
appropriate professional attributes in the Program Participants assigned thereto.
iv. Provide the clinical facilities and equipment reasonably necessary for the Program
Participants' clinical training (as appropriate to include but not be limited to: on-call rooms
and meals, study space, cafeteria, parking, etc.) and allow reasonable use of medical
libraries, classrooms and conference rooms, as mutually agreed.
5.11 Ryan White shall maintain worker's compensation insurance or funded self-insurance for its
employees.
5.12 Ryan White shall not disclose any records concerning any Student to any third party except as
required by law or authorized in writing by each Student.
5.13 As an independent contractor of University, Ryan White shall, in accordance with 42 U.S.C. §
1395(v)(1(l) and 42 C.F.R. Part 420, Subpart D §420.300 et seq., until expiration of four (4) years
after the furnishing of Medicare reimbursable services pursuant to this Agreement, upon proper
written request, allow the Comptroller General of the United States, the Secretary of Health and
Human Services, and their duly authorized representatives access to this Agreement and to Ryan
White's books, documents, and records necessary to certify the nature and extent of costs of
Medicare reimbursable services provided under this Agreement. None of the duties of supervising
Clinicians shall be carried out through a subcontract with any other person or organization.
ARTICLE 6: MUTUAL RESPONSIBILITIES; POLICIES AND PROCEDURES THAT GOVERN
RESIDENT AND/OR FELLOW EDUCATION
6.1 The number of students accepted into the Program and the dates of each Student's Program
experience shall be arranged by mutual agreement between Ryan White and School. All
Students shall be subject to Ryan White's standards of admission. In the event it becomes
necessary to cancel a reserved space or change a student assignment, University shall
immediately notify Ryan White.
6.2 University agrees to notify each Program Participant who has been approved for a rotation
placement with Ryan White to bring their own medical and school supplies in order to participate
in the learning activities at the facility. All medical supplies including the Professional Protection
Equipment ("PPE') must be supplied by each Program Participant starting on the first day of the
rotation placement. If the Program Participant does not have the medical supplies the rotation
assignment cannot be initiated until the appropriate supplies are acquired. Ryan White will
provide the names and locations of medical supply vendors in the Phoenix Metropolitan area
whose equipment meets Ryan White's technical specifications to the Program Participants. The
equipment must meet all Ryan White and OSHA safety standards. Ryan White will be
responsible for providing a secured location for the Program Participant to store their medical and
school supplies at the start of the rotation. Program Participants will be responsible for complying
with Ryan White practices regarding how and when to utilize the supplies including the frequency
of changes of the PPE's during a typical daily shift. The medical supplies must be inspected by
the examination technician supervisor in order to insure compliance with OSHA and Ryan White
standards.
6.3 School and Ryan White shall each designate a coordinator who shall be reasonably available for
consultation with the other respective coordinator concerning each Student's qualifications,
clinical experience performance, and the curriculum of the clinical experience program.
6.4 Both parties agree to cooperate with each other and share information in the event that any
investigation is conducted with respect to a Students experience or performance at Ryan White.
Students may be asked to sign a form granting School and Ryan White permission to share
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information relevant to his or her experience or performance.
6.5 Students shall be subject to and follow all Ryan White's rules, regulations, policies and
procedures, including standard precautions. Students enrolled in the Program will also be
governed in accordance with the policies and procedures established through School.
Formatted: Indent: Left: 0.5", No bullets or numbering,
656.6 FERPA The Parties agree to protect the participants' educational records in accordance with the Tab stops: Not at 0.5"
Family Educational Riohts and Privacy Act, 20 U.S.C. 12320 and any applicable policy of the Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops:
Parties. To the extent permitted by law, the Parties may Share information from participants' 0.5", List tab + Not at 025"
educational records with each other so that each can perform its respective responsibilities under
this Agreement but shall not disclose or share education records with any third party_
ARTICLE 7: COMPENSATION/PAYMENT
7.1 All training activities involving Ryan White services rendered involving Program Participants
covered by this Agreement are considered to be educational in nature, and therefore, Ryan White
or the families of the deceased of Ryan White shall pay no monetary compensation to the
Program Participants. Any salary, stipend, and/or benefits, due a Program Participant shall be the
sole responsibility of University.
7.2 For services provided pursuant to this Agreement, no Maricopa County employee may receive
directly or indirectly any form of compensation from University in addition to the employee's
regular Maricopa County salary.
ARTICLE 8: CONFIDENTIALITY
8.1 The University shall notify the Program Participants that they are responsible for maintaining the
confidentiality of patient information. Program Participants shall not have access to, or have the
right to review, any medical record, except where necessary in the regular course of the training
program covered by this Agreement or in furtherance of any litigation arising out of Program
Participant's rotation at Ryan White. Additionally, because of the University's reliance upon Ryan
White for information required by federal, state and accreditation requirements, Ryan White
agrees to provide University access to that information for those purposes. The discussion,
transmission, or narration, in any form, by Program Participants of any patient information of a
personal nature, medical or otherwise, obtained by the Program Participants is forbidden except
as a necessary part of the training program covered by this Agreement. University shall affirm
that all Program Participants have received all mandatory training required by Federal Rules and
Regulations for the protection of patients' protected health information (PHI) and the departmental
records of completion of such training shall be available to Ryan White upon written request.
Should Ryan White require any additional training, University shall notify Program Participants of
such requirement and Ryan White shall provide University with records of such attendance.
8.2 Notwithstanding the foregoing, for purposes of compliance with the Health Insurance Portability
and Accountability Act and associated privacy regulations ("HIPAA"), Students shall be
considered part of Ryan White's workforce as that term is defined in HIPAA to include trainees
and students. Students are not considered workforce or employees of Ryan White for other
purposes, including but not limited to tax or employment law. Ryan White shall provide Students
with the necessary training specific to HIPAA-covered workforce and Ryan White's policies
pertaining thereto.
ARTICLE 9: NON-DISCRIMINATION
9.1 The parties shall comply with all applicable state and federal statutes and regulations governing
Equal Employment Opportunity, Non-Discrimination and Immigration laws in the course of
carrying out duties pursuant to this Contract. The Parties shall also comply with the provisions of

Executive Orders 75-5, as amended by Executive Order No. 99-4, which are incorporated into
this Contract by reference as if set forth in full herein. Ryan White agrees that, if a Program
Participant files a complaint either with Ryan White or University alleging that s/he has been
subjected to unlawful discrimination by Ryan White, Ryan White agrees to cooperate with
University to investigate and resolve such complaints.
ARTICLE 10: AMERICANS WITH DISABILITIES ACT
10.1 The Parties shall comply with all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the
Act, including 28 CFR Parts 35 and 36.
ARTICLE 11: INSURANCE
11.1 University will provide and maintain insurance as described below:
11.1.1 Commercial general liability insurance (or completed coverage under a program of self-
insurance) providing coverage on claims made for occurrences during the term of this
Agreement with limits no less than $2,000,000 per occurrence and $4,000,000
aggregate.
11.1.2 Professional liability insurance (or comparable coverage under a program of self-
insurance) providing coverage on an " o-currcncc Claims basis" for occurrences claims
during the term of this Agreement with limits no less than $1,000,000 per essaFease
claim and $3,000,000 annual aggregate, and shall name Maricopa county and Clinical
Facility as an Additional Insured.
11.1.4 All insurance required herein shall be maintained in full force and effect. Failure to do so
may, at the sole discretion of Ryan White, constitute a material breach of this Agreement
11.1.5 To the extent permitted by University's insurance provider, the general liability insurance
shall name as additional insured, Maricopa County, its directors, subsidiaries, officers,
employees, assigns, agents and board members.
11.1.6 School shall provide Ryan White with Certificate of Insurance evidencing the above-state
coverage.
11.2 Ryan White shall
11.2.1 shall furnish the University, upon execution of this Agreement and separate written
request, certification of comprehensive general liability insurance coverage, premises
liability coverage, and certification of professional errors and omissions liability
(professional liability) coverage reasonably satisfactory for protection of its Program
Participants in amounts of not less than $2,000,000 per occurrence and $4,000,000
annual aggregate.
11.2.2 To the extent permitted by Ryan White's insurance provider, the general liability
insurance shall name as additional insured, Maricopa County, its directors, subsidiaries,
officers, employees, assigns, agents and board members.
11.3 The insurances required in this section shall be in full force and effect prior to the arrival of
Students at Ryan White. Each Party shall notify the other thirty (30) days prior to any
discontinuance of such insurance coverage. Upon either party's notice of the others
discontinuation of insurance coverage, the other party shall then have the right to immediate
termination of the Agreement. In the event any "claims made" policy is procured to meet the
insurance requirement hereunder, "tail" coverage shall also be procured for a period of two (2)
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years after termination of such policy.
ARTICLE 12: TERMINATION
12.1 Either party may, at any time and without cause, cancel this Agreement by providing the other Party
with ninety (90) days advance notice. The Parties agree that any such termination shall not become
effective with respect to the Program Participants then enrolled in a training rotation until the
Program Participants scheduled rotation is completed, provided that Ryan White continues to have
sufficient staffing and other resources to continue the program until that date.
12.2 If, in the judgment of either party to the Agreement, the other party does not perform in
accordance with the conditions of this Agreement, or is otherwise in default of any provision of
this Agreement, the party claiming non-performance or default shall give written notice to the
other party specifying the nature of the non-performance or default. If the non-performance or
default is not corrected within 30 days after receipt of such written notice, or if the non-performing
or defaulting party fails to diligently pursue remedies for corrections which require more than 30
days to complete, the party claiming non-performance or default may terminate this Agreement.
12.3 Ryan White Program Manager or his/her designee is authorized to provide notice of termination
and to terminate this Agreement on behalf of Ryan White under the provisions set out in this
Agreement.
12.4 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if the
Maricopa County Board of Supervisors does not appropriate sufficient monies for the purpose of
maintaining this Agreement. Should Maricopa County fail to appropriate the necessary funds or if
the University's appropriation is reduced during the term of this Agreement, Maricopa County may
reduce the scope of its involvement in this Agreement, if appropriate, or cancel this Agreement
without further duty or obligation. Ryan White shall notify University of such action by delivering
notice to University as soon as it learns of the unavailability of said funds.
12.5 This Agreement may be canceled pursuant to Arizona Revised Statutes section 38-511 as
amended, without penalty or further obligation, if any person significantly involved in initiating,
negotiating, creating, drafting, or obtaining this Agreement on behalf of either party is at any time
while this Agreement or any renewal and extension of this Agreement is in effect, an employee or
agent in any capacity or a consultant to the other party, with respect to the subject matter of this
Agreement. Cancellation shall be effective when written notice is received, unless the notice
specifies a later time.
12.6 The Parties recognize that the performance by GCU may be dependent upon the appropriation of
funds by GCU's Board of Directors. Should the University's appropriation of funds be reduced
during the term of this agreement, Board may reduce the scope of GCU's involvement in this
Agreement, if appropriate, or cancel this Agreement without further duty or obligation. GCU shall
notify Ryan White of such action by delivering written notice to Ryan White as soon as it learns of
the unavailability of said funds.
ARTICLE 13: ARBITRATION/ LITIGATION
13.1 This Agreement shall be governed by the laws of Arizona and the courts of Arizona shall have
jurisdiction over any litigation arising from or related to the Agreement
13.2 The parties shall endeavor in good faith to promptly resolve any dispute arising under this
Agreement by direct negotiations between supervisors or executives who have authority to
resolve the matter. Such negotiations shall be conducted in the spirit of collaboration and
compromise to address the legitimate concerns of the parties, while avoiding more costly dispute
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resolution procedures.
13.3 The parties agree that pursuant to Arizona Rules of Civil Procedure, any disputes subject to
Arizona Revised Statutes section 12-133 with an amount in controversy less than or equal to
• amounts set out in Arizona Rules for Compulsory Arbitration shall be resolved by arbitration in
Maricopa County.
ARTICLE 14: NON-WARRANTY
14.1 The parties do not warrant their respective right or power to enter into this Agreement and if the
same is declared null and void by court action initiated by third persons, there shall be no liability
to the other party by reason of such action or by reason of this Agreement.
ARTICLE 15: COMPLIANCE
15.1 Each Party shall comply with all Federal, State and Local laws, rules, regulations, standards and
Executive orders, without limitation to those designated within this Agreement. The laws and
regulations of the State of Arizona shall govern the rights of the parties, the performance of this
Agreement and any disputes hereunder. Any changes in the governing laws, rules and
regulations during the terms of this Agreement shall apply, but do not require an amendment.
ARTICLE 16: REMEDIES
16.1 Either party may pursue any remedies provided by law for the breach of this Agreement. No right
or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative
and in addition to any other right or remedy existing at law or at equity or by virtue of this
Agreement.
ARTICLE 17: SEVERABILITY
17.1 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall
continue valid and enforceable to the full extent permitted by law.
ARTICLE 18: INDEMNITY
18.1 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 officers, officials, agents, employees,
or volunteers.
ARTICLE 19: Persons Responsible for Education and Supervision
At University: Progaam D]re:‘,Icr Nnmc:Alibia Valasco
Address: Grand Canyon University,
City, State, Zip: 3300W. Camelback Road, Phoenix, AZ 85017.
Phone: (602)639-6278
Email: Alidia:Velascoocu.edu
At Ryan White:
Address: 301 W. Jefferson Street
City, State, Zip: Phoenix, AZ 85007
Phone: (602) 506-3322
Email:
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The faculty mentioned above are responsible for the education and supervision of the residents
and/or fellows while rotating at Ryan White.
ARTICLE 20: SPECIAL PROVISIONS
20.1 The attached Special Provisions, which may set forth additional particular responsibilities of the
Parties hereto, are, by this reference made for all purposes a part of this Agreement. They are not
intended to limit the Parties to this Agreement from developing Special Provisions for other
programs covered by this Agreement. In cases where the representations of the Special
Provisions different from those in the General Provisions, the representations of the General
Provisions shall control.
20.2 Special Provisions shall be added or amended as necessary to reflect changes including, but not
limited to, payment, personnel or supervisor changes, and will be attached to and become a part
of this Agreement when such Special Provisions have been mutually agreed to and signed by the
appropriate and authorized persons from each party.
ARTICLE 21: USE OF NAMES
21.1 No party shall use the name, logo, or likeness of another party, or another party's employee or
agent in any publicity or advertising material without such other party's express prior written
consent; however, the existence and scope of the Program may be made known to Students as a
means of assistance in completing their training requirements.
ARTICLE 22: NOTICES
22.1 Whenever written notice is required or permitted to be given by any party to the other, such notice
shall have been deemed to have been sufficiently given if personally delivered or deposited in the
United States Mail in a properly stamped envelope, certified or registered mail, return-receipt-
requested, addressed to
For University
Grand Canyon University
Attention: Nursing Program Director
3300W. Camelback Road
Phoenix, AZ 85017
For Ryan White
Ryan White Part A Program
Attention: Program Manager
301 W. Jefferson Suite 3200
Phoenix, AZ 85003
ARTICLE 23: ASSIGNMENT
23.1 Neither party shall assign all nor part of this Agreement without the prior written consent of the
other party which consent shall not be unreasonably withheld, provided, however, that this
Agreement may be assigned by either party without consent of the other to an affiliate or to any
third party who succeeds to substantially all of its businesses or assets. In eth event of a valid
assignment, this Agreement will insure to the benefit of and be binding upon each party and its
respective successors and permitted assigns.
ARTICLE 24: EXCLUDED INDIVIDUAL
24.1 Each party shall immediately notify the other party in the event that it becomes an excluded
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individual from any federal health care program.
ARTICLE 25: ENFORCEABILITY AND WAIVER
25.1 The invalidity or unenforceability of any term or provision of this Agreement shall in no way affect
the validity or enforceability of any other term or provision. The waiver by a party of a breach of
any provision of this Agreement shall not operate as or be construed as a waiver of any
subsequent breach thereof.
ARTICLE 26: NON-EXCLUSIVE AGREEMENT
26.1 Each party may enter into similar agreements with other training institutions, provided that such
agreements do not materially interfere with the ability of each party to carry out its obligations
hereunder.
ARTICLE 27: E-VERIFICATION OF EMPLOYEES
27.1 University warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that it
and its subcontractors, if any, warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. §23-214(A). University
further acknowledges that a breach of such warranty shall be deemed a material breach of the
Agreement that is subject to penalties up to and including termination of the Agreement.
27.2 The Clinical Facility retains the legal right to inspect the papers of any contractor or subcontractor
employee who works on the Agreement to ensure that the contractor or subcontractor is
complying with the warranty provided above and that the contractor agrees to make all papers
and employment records of said employee(s) available during normal working hours in order to
facilitate such an inspection.
27.3 Nothing herein shall make any contactor or subcontractor an agent or employee of the
contracting government entity.
ARTICLE 2: ENTIRE DOCUMENT
21.1 This Agreement constitutes the entire agreement and the understanding among the parties and
supersedes all prior agreements and representations. This Agreement may not be modified,
amended, altered or extended except through a written amendment signed by the parties.
IN WITNESS WHEREOF, this Contract is executed on the date set forth below.
GRAND CANYON UNIVERSITY MARICOPA COUNTY
BOARD OF SUPERVISORS
By:
Lisa Smith. PhD, RN, CNE
Dean and Pnlessar, CONHCP BY:
Date:
Chairman, Board of Supervisors
Approved as to form:
Date:
ATTEST:
Attorney for Grand Canyon University
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