Extracted text (via pymupdf_layout)
11261 characters
WALDEN UNIVERSITY STUDENT ROTATION TRAINING AGREEMENT This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) sets forth the terms of the rotation of Students from Walden University, LLC (“WALDEN”), a limited liability corporation whose principal office is located at 100 Washington Avenue South, Ste. 900, Minneapolis, MN 55401 to Maricopa County (“COUNTY”), by and for its Department of Public Health (“COUNTY”), 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 November 1, 2017, and is valid through June 30, 2022. 1. Rotation Goals and Objectives A. The educational goals and objectives for any rotation will be provided by WALDEN to the applicable COUNTY preceptor prior to the start of the rotation. If these goals and objectives are acceptable to the 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 WALDEN. B. The Program Director of the applicable Training Program at WALDEN shall retain full control and responsibility for the overall education of the Students. 2. Responsibilities of WALDEN for Rotations A. Use proper administrative procedures acceptable to the COUNTY in planning for observation and practical experience. B. Provide for supervision and instruction as agreed upon by both parties. For purposes of clarity, the parties understand that Walden is an online institution, therefore there will be no onsite faculty presence from the School. C. Ensure that Students participating in the program at the COUNTY adhere to existing rules and regulations of the COUNTY. D. Require each Student participating in the program at the COUNTY to meet the same health standards that are required of all employees at the COUNTY. COUNTY may request upon reasonable notice a physical examination and/or laboratory or other diagnostic tests for any Student. The Student shall have the option to either agree to such physical examinations, labs and tests or to withdraw the Student from the COUNTY. COUNTY shall not be responsible for any cost or charges incurred for such physical examinations, labs or tests. 1 E. Prohibit Students or WALDEN staff members from releasing any material relative to practical experiences that has not been approved for release for publication or to third parties by the COUNTY, or that is confidential by law. F. Require that Student dress and grooming shall be appropriate for the COUNTY and for health care workers. Students will comply with the dress code for the COUNTY Department in which they are assigned. G. Notwithstanding any provision to the contrary, WALDEN agrees that the Students enrolled at the COUNTY shall not be employees or agents of 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 COUNTY employees including workers’ compensation, medical or hospitalization insurance or benefits, pension, retirement or vacation pay, credit or other benefits or rights of COUNTY employees. COUNTY employees employed by WALDEN as faculty members on their own time (non-COUNTY 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. WALDEN will provide proof of such coverage in the form of Certificates of Insurance to the COUNTY. I. Remove from the COUNTY any Student reasonably identified, for any reason, as unacceptable by the COUNTY. J. Require students to reimburse COUNTY for breakage or damage (together “Damage”) to equipment or supplies, provided COUNTY provides evidence that such Damage was caused by Students. K. Designate a person or persons to assist in the coordination of Student learning experiences, including planning with COUNTY 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. 2 3. Responsibilities of the COUNTY for Rotations A. Provide training experiences and make available the related facilities at COUNTY for Students enrolled in any program. B. COUNTY staff will teach and supervise Students while assigned to COUNTY experiences. Any client services provided by Students shall be under the direct and exclusive supervision of qualified staff employed by the COUNTY. C. Designate a person or persons or COUNTY unit to assist in the coordination of the Students’ learning experiences, including planning with COUNTY staff for the assignment of Students to specific learning experiences which are appropriate for the Student’s program. D. Keep WALDEN informed of changes in policy which affect faculty and Students. E. The COUNTY shall maintain general and professional liability insurance (or comparable coverage under a program of self-insurance) with a single limit of no less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) annual aggregate. The COUNTY shall provide WALDEN with proof of coverage upon request. 4. Mutual Responsibilities of the COUNTY and WALDEN A. The personnel of the COUNTY and the faculty of WALDEN assigned to the program will confer at such times as may be mutually agreed upon to evaluate the educational program. B. The personnel of the COUNTY and the faculty of WALDEN assigned to the program shall cooperate in providing a sound educational environment. 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 November 1, 2017, through June 30, 2022. The Agreement may be renewed for additional terms by the mutual consent of both parties. 3 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 the COUNTY at the time of termination shall be given an opportunity to complete their participation. 6. Miscellaneous A. WALDEN 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. 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 the COUNTY. 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. 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. For purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), the parties acknowledge and agree that the COUNTY has an educational interest in the educational records of the Students participating in the Program and to the extent that access to Student’s records are required by the COUNTY in order to carry out the Field Experience Program. H. 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. 4 The parties agree that Students shall be considered part of the COUNTY’s workforce for HIPAA compliance purposes in accordance with 45 CFR §164.105, but shall not be construed to be employees of the COUNTY. The parties further agree that i) Students shall not disclose any Protected Health Information to which a Student has access through Program participation; ii) WALDEN will never access or request to access any Protected Health Information held or collected by or on behalf of the COUNTY; and iii) no services are being provided to the COUNTY by the WALDEN pursuant to this Agreement and therefore this Agreement does not create a “business associate” relationship. I. Each party shall defend, indemnify and hold harmless the other party, 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. 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. (signature page follows; rest of page intentionally left blank) 5 IN WITNESS WHEREOF, COUNTY and WALDEN have executed this Agreement. MARICOPA COUNTY WALDEN UNIVERSITY, LLC Acting for and on behalf of the Department of Public Health By: By: Chairman, Maricopa County Board of Supervisors Name: Title: Attest: Clerk of the Board Date Director, MCDPH Date Director, MCCHS Date Approved as to Form Date Deputy County Attorney 6