ARIZONA COLLEGE STUDENT ROTATION TRAINING AGREEMENT 26-35.PDF
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1 EDUVISION, INC. dba ARIZONA COLLEGE STUDENT ROTATION TRAINING AGREEMENT This Student the rotation of Students from Eduvision, Inc. dba Arizona College ARIZONA COLLEGE , a Delaware corporation whose principal office address is located at 2510 W. Dunlap Ave., Ste. 300, Phoenix, AZ 85021 to Maricopa County, by and for its , whose principal office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012 for educational training and experience. 1. Rotation Goals and Objectives A. The educational goals and objectives for any rotation will be provided by ARIZONA COLLEGE 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 a copy to ARIZONA COLLEGE. B. The Program Director of the applicable Training Program at ARIZONA COLLEGE shall retain full control and responsibility for the overall education of the Students. 2. Responsibilities of ARIZONA COLLEGE 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 participating in the program along with any faculty observers 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 ARIZONA COLLEGE 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 ARIZONA COLLEGE staff members from releasing any material relative to practical experiences that has not been approved by MCDPH for release for publication or to third parties, or that is confidential by law. 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. 2 G. Notwithstanding any provision to the contrary, ARIZONA COLLEGE agrees that the faculty observers and Students enrolled at MCDPH shall not be employees or agents of MCDPH or Maricopa County, and shall not be entitled to any defense Declaration of Trust for Maricopa County, Arizona, Self-Insured Risk Trust Fund, benefits, conditions, terms or rights of MC compensation, medical or hospitalization insurance or benefits, pension, retirement or vacation pay, credit or other benefits or rights of MCDPH employees. MCDPH may, at its own election, decide to provide Students a stipend. MCDPH employees employed by ARIZONA COLLEGE as faculty members on their own time (non-MCDPH pay status) will be subject to the same restrictions. 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 $1,000,000 each occurrence and $3,000,000 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 are written on a claims made basis, coverage shall extend for two years past the Agreemen Certificates of Insurance. ARIZONA COLLEGE will provide proof of such coverage in the form of Certificates of Insurance to MCDPH. I. Remove from MCDPH any Student or faculty observer identified for any reason as unacceptable by MCDPH. J. Reimburse MCDPH for damage to equipment or supplies, provided MCDPH provides evidence that such damage was caused by Students or faculty observers. K. Designate a person or persons to assist in the coordination of Student learning experiences, including planning with MCDPH 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. 3 C. Designate a person or persons or MCDPH unit to assist in the coordination of the Student learning experiences, including planning with MCDPH staff for the assignment of Students to specific learning experiences which are appropriate for the Student program. D. Keep ARIZONA COLLEGE informed of changes in policy that affect Students and faculty observers. 4. Mutual Responsibilities of MCDPH and ARIZONA COLLEGE A. The personnel of MCDPH and the faculty of ARIZONA COLLEGE 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 ARIZONA COLLEGE 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, 2026, through June 30, 2036. 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 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. ARIZONA COLLEGE and MCDPH shall not discriminate against any individual on the basis of race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status, whether as to employees, applicants for employment, students, faculty, or clients. 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- 4 09 as amended by Executive Order 2023-01, relating to equal employment opportunity and non-discrimination. B. Nothing in this Agreement 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. 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. This Agreement may not be assigned in part or whole without the prior written consent of both parties. 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 that are not expressly included are of no force or effect. Any modifications or amendments must be agreed to by both parties in writing. 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. To the fullest extent permitted by law, ARIZONA COLLEGE shall defend, indemnify and hold harmless MCDPH, 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 alleged to have resulted from the negligent acts, errors, omissions, or mistakes of ARIZONA COLLEGE, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, relating to the performance of this Agreement. i. ARIZONA COLLEGE's duty to defend, indemnify, and hold harmless MCDPH, its agents, representatives, officers, directors, officials, and 5 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 resulting loss of use, caused by negligent acts, errors, omissions, or mistakes in the performance of this Agreement, but only to the extent caused by the negligent acts or omissions of ARIZONA COLLEGE, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by an indemnified party. ii. The amount and type of insurance coverage requirements above shall not be construed as limiting the scope of the indemnity in this paragraph. I. ARIZONA COLLEGE warrants and certifies that it does not currently, and agrees for the duration of the Agreement that it will not, use: i. ii. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. iii. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If ARIZONA COLLEGE becomes aware during the term of the Agreement that ARIZONA COLLEGE is not in compliance with this paragraph, ARIZONA COLLEGE shall notify MCDPH within five business days after becoming aware of the noncompliance. Failure of ARIZONA COLLEGE to provide a written certification that ARIZONA COLLEGE has remedied the noncompliance within 180 days after notifying MCDPH of its noncompliance shall result in the termination of this Agreement unless the Term of this Agreement shall end prior to said 180-day period. J. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E- Verify Requirement: i. ARIZONA COLLEGE warrants compliance with all federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. § 23-214(A), which states, employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of 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 6 ARIZONA COLLEGE 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 ARIZONA COLLEGE 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 ARIZONA COLLEGE should visit the following web site: http://www.uscis.gov. K. This Agreement may be cancelled in accordance with A.R.S. § 38-511. IN WITNESS WHEREOF, MCDPH and ARIZONA COLLEGE have executed this Agreement. MARICOPA COUNTY Acting for and on behalf of the Department of Public Health EDUVISION, INC. dba ARIZONA COLLEGE By: By: Chair, Maricopa County Board of Supervisors Date Name: Dominick Muracco Title: Chief Compliance Officer and Attest: General Counsel Clerk of the Board Date Approved as to Form Date Deputy County Attorney