AFFILIATION AGREEMENT RE STUDENT ROTATION TRAINING WITH CENTRAL ARIZONA COLLEGE.DOCX

PINAL COUNTY COMMUNITY COLLEGE DISTRICT
dba CENTRAL ARIZONA COLLEGE
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) sets
forth the terms of the rotation of Students from the Pinal County Community College
District, dba Central Arizona College (“CAC”), whose principal office is located at 8470
N. Overfield Rd., Coolidge, AZ 85128 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 May 1, 2015, and is valid through June 30, 2019.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by CAC 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 CAC.
B. The Program Director of the applicable Training Program at CAC shall retain full
control and responsibility for the overall education of the Students.
2. Responsibilities of CAC 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 CAC 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 CAC 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, CAC 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 CAC 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 $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. CAC 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 CAC informed of changes in policy which affect faculty and Students.
4. Mutual Responsibilities of MCDPH and CAC
A. The personnel of MCDPH and the faculty of CAC 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 CAC 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 May 1, 2015, through June 30, 2019.
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. CAC 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. 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. 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.
I. This agreement is subject to the provisions of A.R.S. § 38-511.
J. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i. CAC 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
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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
CAC 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 CAC 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 CAC should visit the following web site:
http://www.uscis.gov/portal/site/uscis.
IN WITNESS WHEREOF, MCDPH and CAC have executed this Agreement.
MARICOPA COUNTY PINAL COUNTY COMMUNITY COLLEGE
Acting for and on behalf of DISTRICT
the Department of Public Health dba CENTRAL ARIZONA COLLEGE
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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