AGRMT RE STU ROTATION WITH BROOKLINE COLLEGE.PDF

BROOKLINE COLLEGE
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement ("Agreement") sets
forth the terms of the rotation of Students from Brookline College ("BC"), a Delaware LLC
whose principal office is located at 2445W. Dunlap Ave., Suite 100, Phoenix, AZ 85021
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. 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 BC 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 BC.
B. The Program Director of the applicable Training Program at BC shall retain full
control and responsibility for the overall education of the Students.
2. Responsibilities of BC 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 BC 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 BC 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.
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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.
G. Notwithstanding any provision to the contrary, BC 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 BC 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 $2,000,000
each occurrence and $4,000,000 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. BC 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 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 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.
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C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Students' learning experiences, including planning with MCDPH medical staff for
the assignment of Students to specific learning experiences which are appropriate
for the Student's program.
D. Keep BC informed of changes in policy which affect faculty and Students.
4. Mutual Responsibilities of MCDPH and BC
A. The personnel of MCDPH and the faculty of BC 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 BC 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.
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 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. BC 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 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.
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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 BC, BC
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'
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. BC'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 BC, 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
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caused in part by a party indemnified hereunder.
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.
I. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i. BC 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 BC
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 BC 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 BC should visit the following web site:
http://vvww.uscis.doviportalisite/uscis.
IN WITNESS WHEREOF, MCDPH and BC have executed this Agreement.
(signature page follows)
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MARICOPA COUNTY BROOKLINE COLLEGE
Acting for and on behalf of
the Department of Public Health
By: By:
Chairman,
Maricopa County Board of Name:
Supervisors err'
Title: L.' H/e7= /thill-Sr- "14 /
Attest:
Clerk of the Board Date
// /1717/11;
Acting Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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