AGRMT RE STUDENT ROTATION WITH E MICHIGAN UNIV.PDF

EASTERN MICHIGAN UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) sets forth the
terms of the rotation of Students from the Eastern Michigan University (“EMU”), whose
main campus is located in Ypsilanti, MI 48197, to Maricopa County, dba Maricopa County
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, 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 EMU 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 EMU.
B. The Program Director of the applicable Training Program at EMU shall retain full
control and responsibility for the overall education of the Students.
2. Responsibilities of EMU for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for indirect 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 shall have the option to either agree
to such physical examinations, labs and tests or to withdraw from MCDPH.
Neither EMU nor MCDPH shall be responsible for any cost or charges incurred
for such physical examinations, labs or tests.
E. Prohibit Students or EMU 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.
F. Advise Student that dress and grooming shall be appropriate for MCDPH and for
health care workers. Students will comply with the MCDPH dress code.
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G. Notwithstanding any provision to the contrary, EMU agrees that Students enrolled
at MCDPH shall not be employees or agents of either party 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 either party’s employees, workers’ compensation,
medical or hospitalization insurance or benefits, pension, retirement or vacation
pay, credit or other benefits or rights of either party’s employees. MCDPH
employees employed by EMU as faculty members on their own time (non-MCDPH
pay status) will be subject to the same restrictions as stated herein.
H. Maintain Student Medical Professional & General Liability coverage for students
who are completing unpaid experiences with FACILITY. Such insurance shall
have coverage limits of $1,000,000 per incident, $3,000,000 aggregate.
Certificates indicating effective coverage will be furnished to the FACILITY upon
request.
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.
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 EMU informed of changes in policy which affect faculty and Students.
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4. Mutual Responsibilities of MCDPH and EMU
A. The personnel of MCDPH and the faculty of EMU 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 EMU 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, 2017, through June 30, 2022.
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. EMU 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 Arizona 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.
Unpaid students shall not be considered servants, agents, or employees of
MCDPH.
C. 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.
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D. Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.
E. 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.
F. 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.
G. 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 EMU,
EMU 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 resulting from, the negligent acts, errors,
omissions, or mistakes relating to EMU’s performance of its obligations under this
Agreement.
i. EMU'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 EMU’s
performance of its obligations under this Agreement, but only to the extent
caused by the negligent acts or omissions of EMU, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they
may be liable.
ii. 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.
H. Notice
Any notice under this Agreement shall be directed to:
AGENCY: Maricopa County Department of Public Health
Attn: Joel Kodicek
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Strategic Planning & Operations Supervisor
4041 N. Central Ave. Ste. 1400
Phoenix, AZ 85012
UNIVERSITY:
Eastern Michigan University
Legal Affairs
11 Welch Hall
Ypsilanti, MI 48197
affiliation.coordinator@emich.edu
IN WITNESS WHEREOF, MCDPH and EMU have executed this Agreement.
MARICOPA COUNTY EASTERN MICHIGAN UNIVERSITY
Acting for and on behalf of BOARD OF REGENTS
the Department of Public Health
By: By:
Chairman,
Maricopa County Board of Name:
Supervisors
Title:
Attest:
Clerk of the Board Date
Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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