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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