AGRMT RE STU ROTATION WITH MIDWESTERN UNIV.PDF

MIDWESTERN UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Student Rotation Training Agreement ("Agreement") sets forth the terms of
the rotation of students ("Students") from Midwestern University, a not for profit
corporation organized and existing under the laws of the State of Illinois and qualified as
a foreign corporation under the laws of the State of Arizona, with campuses located at
Downers Grove, Illinois and Glendale, Arizona (collectively referred to herein as "MWU"),
whose principal office is located at 555 31st Street, Downers Grove, Illinois 60515 to
Maricopa County ("COUNTY"), by and for its Department of Public Health, whose
principal office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012, and its
Department of Correctional Health, 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, 2018, and is valid through June 30, 2023.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by MWU to
the applicable COUNTY preceptor prior to the start of the rotation. If these goals
and objectives are acceptable to COUNTY, the COUNTY preceptor will sign a
statement agreeing to meet the goals and objectives of the rotation and will return
the original copy to MWU.
B. MWU shall retain full control and responsibility for the overall education of its
Students.
2. Responsibilities of MWU for Rotations
A. Use proper administrative procedures acceptable to COUNTY in planning for
observation and practical experience.
B. MWU will designate one or more appropriately qualified and credentialed
employees (referred to herein as "faculty" and/or "faculty member(s)") to
coordinate and act as Liaison with COUNTY. MWU will be responsible for the off-
site instruction and administration of the Student's academic educational
programs. MWU will notify COUNTY in writing of any change or proposed change
of its Liaison. MWU will have the final responsibility for grading Students.
C. Inform Students participating in the program at COUNTY of their responsibility to
adhere to existing rules and regulations of COUNTY.
D. Verify that each Student participating in the program at COUNTY meets the health
standards that are required by COUNTY. COUNTY may request upon reasonable
notice a physical examination and/or laboratory or other diagnostic tests for any
Student. The Student and MWU shall have the option to either agree to such
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physical examinations, labs and tests or to withdraw the Student from COUNTY.
COUNTY shall not be responsible for any cost or charges incurred for such
physical examinations, labs or tests.
E. Prohibit Students or MWU employees from releasing any material relative to the
educational program that has not been approved for release for publication or to
third parties by COUNTY, or that is confidential by law.
F. Inform Students that they will be required to dress in accordance with the dress
and personal appearance standards approved by COUNTY and for health care
workers. Students will comply with the COUNTY dress code.
G. Notwithstanding any provision to the contrary, MWU agrees that the Students
performing any activities at COUNTY while participating in the clinical education
program pursuant to this Agreement shall not be employees or agents of
COUNTY, and shall not be entitled to any defense or indemnity under COUNTY'S
Declaration of Trust for Maricopa County, Arizona, Self-Insured Risk Trust Fund,
stipends, benefits, conditions, terms or rights of COUNTY employees including
worker's compensation, medical or hospitalization insurance or benefits, pension,
retirement or vacation pay, credit or other benefits or rights of COUNTY
employees.
H. Maintain, for the duration of the Term of this Agreement and any Renewal Term
thereof, professional and general liability insurance covering the negligent acts or
omissions arising out of MWU's Students participation in the education program
hereunder. MWU will maintain, at a minimum, the following limits of liability
coverage: (i) For general liability, $1,000,000 per occurrence and $3,000,000
annual aggregate; (ii) For professional liability, $1,000,000 per occurrence and
$3,000,000 in the aggregate; and (Hi) For excess liability, $3,000,000 per
occurrence and $3,000,000 in the aggregate. Such insurance shall be obtained
from a reputable insurance company reasonably acceptable to COUNTY or may
be provided through a self-insurance program or combination thereof. MWU
agrees to provide to COUNTY with thirty (30) days prior written notification (or as
soon as possible if notice is received less than thirty (30) days before the effective
date) of the cancellation, nonrenewable, or material change of any liability
insurance policy required by this Agreement. 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. MWU will provide proof of such coverage in the form of Certificates of
Insurance to COUNTY.
I. Remove, upon request from COUNTY, any Student from the program at
COUNTY, whose actions, behavior, or attitude is a threat or danger to COUNTY,
its patients, clients, employees, or the public, as determined by the COUNTY in
its sole discretion.
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J. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with COUNTY medical staff to assign Students to
specific learning experiences that are appropriate for the program(s).
K. Provide a 30-day advance notice for Students assigned to a rotation.
3. Responsibilities of COUNTY for Rotations
A. Provide training experiences and make available the related facilities at COUNTY
for Students participating in the educational training program.
B. COUNTY staff will teach and supervise Students while assigned to COUNTY
experiences. Any client services Students may participate in shall be under the
direct and exclusive supervision of qualified staff employed by COUNTY.
C. Designate a person or persons or COUNTY unit to assist in the coordination of
the Students' learning experiences, including planning with COUNTY medical
staff for the assignment of Students to specific activities which are appropriate for
the Student's educational training program.
D. Keep MWU informed of changes in policy which affect Students and the
implementation of the educational training program at COUNTY.
4. Mutual Responsibilities of COUNTY and MWU
A. Designated personnel of COUNTY and of MWU will confer at such times as may
be mutually agreed upon to evaluate the educational program.
B. The personnel of COUNTY and of MWU shall cooperate in providing a sound
educational environment for Students,
C. Students are assigned for practical training experiences in the appropriate
COUNTY unit. Both parties shall mutually agree upon the number of Students
and the appropriate COUNTY 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, 2018, through June 30, 2023.
The Agreement may be renewed for additional terms by the mutual written
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
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COUNTY at the time of termination shall be given an opportunity to complete their
participation in the educational training program pursuant to the terms and
conditions set forth herein.
6. Miscellaneous
A. MWU and COUNTY shall not discriminate against any individual on the basis of
age, race, religion, creed, sex, national origin, handicap, disability, sexual
orientation or veteran status. Both parties agree to comply with all relevant state
and federal employment laws, rules, regulations and executive orders, including
(as applicable) Executive Order 2009-09 in its/their performance of this
Agreement.
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 COUNTY or
of MVVU.
C. This Agreement shall be construed and enforced in accordance with the laws of
the state of Arizona. 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. Indemnification.
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i. Each party is solely responsible for any of its own claims, causes of action,
liabilities or the like that may arise out of this Agreement.
MWU shall indemnify, defend, save and hold harmless COUNTY, its
appointed boards and commissions, directors, officers, officials, agents,
and employees (hereinafter referred to as "Indemnitee") from and against
any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorney's fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims") for bodily
injury or personal injury (including death), or loss or damage to tangible or
intangible property caused or alleged to be caused by the negligent or willful
acts or omissions of MWU or any of the directors, officers, agents, or
employees of MWU. This indemnity includes any claim or amount arising
out of or recovered under the Workers' Compensation Law or arising out of
the failure of MWU to conform to any Federal, state or local law, statute,
ordinance, rule, regulation or court decree. It is agreed that MWU will be
responsible for primary loss investigation, defense, and judgment costs
where this indemnity is applicable.
COUNTY shall indemnify, defend, save and hold harmless MWU and its
officers, directors, employees, Students, and agents (hereinafter referred
to as "MWU lndemnitee") from and against any and all claims, actions,
liabilities, damages, losses, or expenses (including court costs, attorney's
fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as "Claims") for bodily injury or personal injury (including death),
or loss or damage to tangible or intangible property caused or alleged to be
caused by the negligent or willful acts or omissions of COUNTY, its
appointed boards and commissions, directors, officers, officials, agents,
and employees. This indemnity includes any claim or amount arising out of
or recovered under the Workers' Compensation Law or arising out of the
failure of COUNTY to conform to any Federal, state or local law, statute,
ordinance, rule, regulation or court decree. COUNTY will be responsible
for primary loss investigation, defense, and judgment costs where this
indemnity is applicable.
iv. The parties agree that A.R. S. § 12-564 applies to all medical malpractice
allegations or actions (as defined in A.R.S. § 12-561) in which a licensed
healthcare provider is supervising or assigned to supervise Student(s) at
COUNTY.
v. The terms of this Section 6H shall survive expiration or termination of this
Agreement.
I This agreement is subject to the provisions of A.R.S. § 38-511.
J. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
If applicable, and to the extent required for MWU's performance of this
Agreement, MWU warrants compliance with all federal immigration laws
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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 MWU
may be subject to penalties up to and including termination of the contract.
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 MWU 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 MWU should visit the following web site:
http://www.uscis.qov/portal/site/uscis,
vi. COUNTY acknowledges that Students assigned to the clinical education
program hereunder are not employees of MWU or of COUNTY.
Furthermore, COUNTY acknowledges that no employee of MWU will be
assigned to COUNTY for purposes of providing on-site clinical instruction
or supervision of Students participating in the clinical education program or
to provide services to or on behalf of COUNTY pursuant to this Agreement.
IN WITNESS WHEREOF, COUNTY and MWU have executed this Agreement.
(signature page follows)
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MARICOPA COUNTY MIDWESTERN UNIVERSITY
Acting for and on behalf of Acting for and on behalf of its
the Department of Public Health Glendale and Downers Grove Campuses
By: By:
Chairman, Gresjory-T-Gaus
Maricopa County Board of Sr. VP and CFO
Supervisors
Date:
Attest: By:
Mary W.L. Lee, P FI-A-RTZD: , BCPS, FCCP
VP/CAO for Pharmacy and
Optometry
Clerk of the Board Date Date:
By:
Dennis J. P Mson, Ph.D.
VP/CAO f Dental, Medical and
Veterinary Education
Approved as to Form Date Date: _3/
Deputy County Attorney
By:
athleen N. Player, EA.D., MS-N,
M.B.A., MS-C
VP/CAO for Health Sciences
Education and VP of Clinic
Operations
Date: 5-71- ig
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