WALDEN STUDENT AGREEMENT 3.PDF

Maricopa County — Formal (2017-11-29)

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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.
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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.
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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.
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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.
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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.
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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
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