TULANE UNIVERSITY.TIF

Maricopa County — Formal (2014-06-11)

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TULANE 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 Administrators of the Tulane
Educational Fund, a Louisiana nonprofit corporation and 501(c)(3) tax-exempt
organization, through its Center for Public Service (“TULANE”) whose principal office is
_
located at 6823 St. Charles Avenue, New Orleans, LA 70118 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. Any Student activities not associated with a Student Rotation shall not be
considered part of this Agreement. Tulane and MCDPH are each a Party to this
Agreement and collectively they are Parties.
1. Rotation Goals and Objectives
A. The educational goals and objectives for the Student Rotation will be provided
by TULANE 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 TULANE.
B. The Program Director of the applicable Training Program at TULANE shall retain
responsibility for the overall education of the Students.
C. The nature and scope of any Student rotation pursuant to this Agreement shall
- be described in Attachment A. (“Student Rotation’).
2. Responsibilities of TULANE for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience. MCDPH shall provide any administrative
procedures it wants Tulane to adhere to.
B. Provide for supervision and instruction as agreed upon by both parties.
C. Advise Students and any faculty participating in the Student Rotation that
MCDPH will provide them with a copy of existing rules and regulations of
MCDPH that Students are expected to abide by.
D. Advise each Student participating in the Student Rotation that MCDPH may
request upon reasonable notice a physical examination and/or laboratory or
other diagnostic tests for any Student. The Student and TULANE 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.
Advise Students or TULANE staff members that release of 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 is prohibited.
Advise Students that MCDPH has a dress code and that MCDPH will provide
Student with a copy.
. Notwithstanding any provision to the contrary, TULANE 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 TULANE as faculty members on their own time (non-MCDPH pay status) will
be subject to the same restrictions as stated herein.
. Provide 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. 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. TULANE will provide proof of such coverage in the form of
Certificates of Insurance to MCDPH.
Remove from MCDPH any Student or faculty reasonably identified, for any
reason, as unacceptable by MCDPH. MCDPH shall provide written notice to
Tulane and the rotating Student of any deficiencies and the rotating Student
shall be afforded reasonable opportunity to cure.
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.
Designate a person or persons to assist in the coordination (“Tulane
Coordinator’) of Student learning experiences, including planning with MCDPH
medical staff to assign Students to specific learning experiences that are
appropriate for the Student Rotation.
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. Provide rotating Students with an
orientation to MCDPH operating rules, policies, procedures and any other
matters that may be applicable to the Student Rotation contemplated under this
Agreement.
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. MCDPH shall
retain responsibility for operations of MCDPH.
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.
Keep Tulane Coordinator and rotating Student informed of changes in policy
which affect faculty and Students.
Provide rotating Student and Tulane Coordinator with a written copy of all
applicable MCDPH tules, regulations, dress code and health requirements the
rotating Student is expected to abide by.
MCDPH shall provide general liability insurance coverage or self-insurance
to the extent permitted by law for MCDPH for the duration of the
coverage
assigned student rotation. 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.
MCDPH will provide proof of such coverage in the form of Certificates of
Insurance to TULANE. .
4, Mutual Responsibilities of MCDPH and TULANE
A. The personnel of MCDPH and the Tulane Coordinator assigned to the Student
Rotation will confer at such times as may be mutually agreed upon to evaluate
the Student Rotation. os
The personnel of MCDPH and the faculty of TULANE assigned to the Student
Rotation shall cooperate in providing a sound educational environment.
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 and any other documentation necessary for the
rotating Student to receive academic course credit.
5. Term and Termination
A. The term of this Agreement shall be from June 1, 2014, through May 31, 2017
(‘Term’). The Agreement may be renewed for additional terms by the mutual
written consent of both parties.
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 TULANE 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.
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. Student participation in the Student Rotation shall be solely for the
educational benefit of the student. The parties agree the students are in an
unpaid learning experience and are not entitled to wages, benefits or promise of
future employment. Students shall not replace or substitute for any MCDPH
employee.
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.
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.
Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.

.
contains the entire understanding of the Parties relating to the
This Agreement
subject matter of this Agreement. Any prior agreements, promises, negotiations
between the Parties, either oral or written, relating to the
or representations
matter of this Agreement which are not expressly set forth herein are of
subject
force or effect. Any modifications or amendments must be agreed to by both
no
Parties in writing and shall become effective on the date stated therein.
During the term of this Agreement, the Parties shall take such actions, including
this Agreement, as necessary or advisable to comply fully with all laws,
revising
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.
Neither Party shall use the other Party's name, logo or other indicia without prior
Hi.
- written consent.
Each Party (as indemnitor')
5	1	6	1	1	5	1129	1266	149	39	96.307388	agrees
5	1	6	1	1	6	1301	1258	40	34	96.307388	to
5	1	6	1	1	7	1367	1250	217	49	96.834595	indemnify,
5	1	6	1	1	8	1611	1247	160	44	96.743492	defend,
5	1	6	1	1	9	1799	1245	79	38	96.197052	and
5	1	6	1	1	10	1904	1242	88	39	96.950386	hold
5	1	6	1	1	11	2018	1240	199	39	96.397896	harmless
4	1	6	1	2	0	462	1297	1757	73	-1	
5	1	6	1	2	1	462	1328	67	37	96.969284	the
5	1	6	1	2	2	553	1325	112	38	96.846039	other
5	1	6	1	2	3	686	1324	112	46	96.848015	Party
5	1	6	1	2	4	821	1319	207	50	96.644478	(including
5	1	6	1	2	5	1052	1316	160	46	96.960358	rotating
5	1	6	1	2	6	1235	1310	182	49	96.813370	Student)
5	1	6	1	2	7	1442	1309	62	49	96.907692	(as
5	1	6	1	2	8	1527	1303	290	48	86.917938	indemnitee")
from and against
—
and all claims, losses, liability, costs, or expenses (including reasonable
any collectively referred to as claims) arising out of the
attorney's fees) (hereinafter
of this Agreement, but only to the extent that such claims
negligent performance
which result in vicarious/derivative liability to the indemnitee are caused by the
misconduct, or other fault of the indemnitor, its
act, omission, negligence,
officers, officials, agents, employees, or volunteers.
notice required under this Agreement shall be in writing and shall be
Any
deemed given when mailed certified, express mail or other overnight mail
service to the following designated representative:
If to Tulane:
Center for Public Service
6823 St. Charles Ave., Alcee Fortier Hall
New Orleans, LA 70118
With a copy to:
Office of the General Counsel
6823 St. Charles Ave., Gibson Hall 300
New Orleans, LA 70118
If to MCDPH:
Strategic Planning & Operations Supervisor
4041 N. Central Ave., Ste. 1400
Phoenix, AZ 85012

MARICOPA COUNTY THE ADMINISTRATORS OF THE
Acting for and on behalf of TULANE EDUCATIONAL FUND
the Department of Public Health
By:
Chairman,
Maricopa County Board of
Supervisors Name: Agnieszka Nance
Title: Interim Executive Director
Attest: Date: 5/13/14
Clerk of the Board Date
Director, MCDPH Date
Approved as to Form Date
- Deputy County Attorney