AGRMT RE STUDENT ROT EPI WITH TEXAS AM UNIV HSC.PDF

TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER
by and for its SCHOOL OF PUBLIC HEALTH
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement ("Agreement") sets
forth the terms of the rotation of Students from Texas A&M University Health Sciences
Center, by and for its School of Public Health ("TAMU"), whose principal office is located
at MS1266, College Station, TX 77845 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 January 1, 2016, and is valid through June 30, 2020.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by TAMU
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 TAMU.
B. The Program Director of the applicable Training Program at TAMU shall retain
full control and responsibility for the overall education of the Students.
2. Responsibilities of TAMU 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 TAMU 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 TAMU 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, TAMU 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 TAMU as faculty members on their own time (non-MCDPH pay status) will be
subject to the same restrictions as stated herein.
H. Provide professional insurance coverage to each individual rotating Student for
the duration of the assigned rotation, to include professional liability insurance of
$1,000,000 per claim and a $3,000,000 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. TAMU 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.
C. Designate a person or persons or MCDPH unit to assist in the coordination of
the Students' learning experiences, including planning with MCDPH medical
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staff for the assignment of Students to specific learning experiences which are
appropriate for the Student's program.
D. Keep TAMU informed of changes in policy which affect faculty and Students.
4. Mutual Responsibilities of MCDPH and TAMU
A. The personnel of MCDPH and the faculty of TAMU 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 TAMU 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 January 1, 2016, through June 30,
2020. 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. TAMU 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 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.
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. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless
the other Party (as "indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as "claims") arising out of the negligent performance of
this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees, or volunteers.
H. HIPAA. To the extent that students are participating in the clinical and
educational experiences at Hospital as part of the clinical and educational
experiences, such students shall be considered part of MCDPH workforce for HI
PAA compliance purposes in accordance with 45 CFR § 160.103, but shall not
be construed to be employees of Hospital.
I. Public Information Act - MCDPH acknowledges that TAMU is obligated to
strictly comply with the Public Information Act, Chapter 552, Texas Government
Code, in responding to any request for public information pertaining to this
Agreement.
J. For purposes of this Agreement, pursuant to the Family Educational Rights and
Privacy Act of 1974 (FERPA), TAMU hereby designates MCDPH as a school
official with a legitimate educational interest in the educational records of the
students who participate in the Program to the extent that access to the records
are required by MCDPH to carry out the Program. MCDPH agrees to maintain
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the confidentiality of the education records in accordance with the provisions of
MCDPH.
K. The Parties are aware that there are constitutional and statutory limitations on
the authority of TAMU (a state agency) to enter into certain terms and
conditions of this Agreement, including, but not limited to, those terms and
conditions relating to liens on TAMU's property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers,
disclaimers and limitations of legal rights, remedies, requirements and
processes; limitations of periods to bring legal action; granting control of
litigation or settlement to another party; liability for acts or omissions of third
parties; payment of attorneys' fees; dispute resolution; indemnities; and
confidentiality (collectively, the "Limitations"), and terms and conditions related
to the Limitations will not be binding on TAMU except to the extent authorized
by the Constitution and laws of the State of Texas. Neither the execution of this
Agreement by TAMU nor any other conduct, action, or inaction of any
representative of TAMU relating to this Agreement constitutes or is intended to
constitute a waiver of TAMU's or the state's sovereign immunity to suit.
IN WITNESS WHEREOF, MCDPH and TAMU have executed this Agreement.
(signature page follows)
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MARICOPA COUNTY TEXAS A&M UNIVERSITY HEALTH
Acting for and on behalf of SCIENCE CENTER
the Department of Public Health Acting for and on behalf of its
SCHOOL OF PUBLIC HEALTH
By: By:
Chairman, Name Vernon L. Tesh, Ph.D.
Maricopa County Board of Date j
Supervisors
Title: Vice President for Academic
Affairs
Attest:
Clerk of the Board Date
2-016
Date
Approved as to Form Date
Deputy County Attorney
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