ASU UNIVERSAL AA MARICOPA COUNTY CHS CLEAN 8 14 13.DOC

University-Wide Clinical Education Agreement
between
MARICOPA COUNTY
and
Arizona Board of Regents on behalf of Arizona State University
The Agreement shall be effective as of the last date signed below. The parties to this Agreement
are the Arizona Board of Regents for and on behalf of Arizona State University (“School”) and
MARICOPA COUNTY, a political subdivision of the State of Arizona, administered by its CORRECTIONAL
HEALTH SERVICES, with an address of 234 N. Central Ave, Ste 5000, Phoenix, AZ 85004 (“Clinical
Facility”).
WHEREAS, School has multiple colleges and departments (such colleges and departments
referred to as “School Departments”) that desire to, or will in the future desire to, provide and design
specific clinical experiences in conjunction with the Clinical Facility (collectively referred to as the
“Programs” and individually for each such participating School Department a “Program”) for the
School’s students (“Students”) as part of their overall education; and
WHEREAS, Clinical Facility is desirous of providing clinical training to School’s Students; and
WHEREAS, Clinical Facility is a health care facility which has the resources in equipment and
staff to provide the clinical experiences required by the Programs; and
WHEREAS, it is to the benefit of both School and Clinical Facility to cooperate in the educational
preparation of Students, so as to promote excellence in patient care, to ensure professional
competence, and to provide maximum utilization of community resources.
NOW, THEREFORE, IT IS MUTUALLY AGREED that School may place certain of its students in the
Clinical Facility according to the following terms and conditions:
1. Education Program.
1.1 School through its respective School Departments shall be fully responsible for
organizing, establishing and administering the academic portion of the education
programs. Prior to the formation of each Program, the Clinical Facility and subject
School Department shall work cooperatively to determine whether such a Program is
desired and achievable by both Parties.
1.2 The number of Students accepted into each Program and the dates of each
Student’s Program experience shall be arranged by mutual agreement between Clinical
Facility and the appropriate School Department. All Students shall be subject to Clinical
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Facility’s standards of admission. In the event it becomes necessary to cancel a reserved
space or change a student assignment, the appropriate School Department will
immediately notify Clinical Facility.
1.3 School through the appropriate School Departments agrees to designate for
participation in the Program only Students who have completed the necessary training,
appropriate prerequisites and didactic work for the Programs, and are in good standing
with their respective institutions.
1.4 Participating School Departments shall advise all Students that they are required
to have passed a physical examination, have all required immunizations including a
hepatitis B series, and, when appropriate for specific rotation, have completed
background studies and drug screening. The Student is responsible for costs for all pre-
rotation screenings (including criminal background reports and drug tests). Participating
School Departments shall also provide Clinical Facility with documentation establishing
that each Student has undergone the appropriate pre-screening and a background
study, and is eligible to have direct contact with hospital patients. Participating School
Departments shall maintain all personnel and academic records relating to Students.
1.5 Clinical Facility agrees:
1.5.1 To provide direct supervision of Students by qualified clinicians (e.g.,
psychiatrists, physicians, and psychologists) who are on staff at the Clinical
Facility (“Supervising Clinicians”);
1.5.2 That all notes or charting concerning a patient’s treatment or progress; if
written by a Student, will be signed by the Student and countersigned by a
Supervising Clinician; and
1.5.3 To complete written evaluations on each Student on forms provided by
School.
1.6 Clinical Facility assumes full responsibility for the care of its patients. It is
understood that School does not derive direct revenue from patient care activity at
Clinical Facility.
2. School Department Responsibilities.
2.1 Each participating School Department shall not assign to a Supervising Clinician
more than three Students at any one time during the Program experience.
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2.2 Participating School Departments shall notify the Clinical Facility in writing at
least thirty days in advance of its proposed schedule of clinical assignments, and such
schedule is subject to the advance written approval of the Clinical Facility.
2.3 Participating School Departments shall notify all Students and any other
personnel furnished by School that compliance with all applicable rules, regulations,
policies, and procedures of the Clinical Facility and maintaining the confidentiality of
patient information in accordance with applicable law, as well as the confidentiality of
records and business operations of the Clinical Facility is required for participation in the
program and such failure to abide by these requirements may result in disciplinary
action, including termination from the Program.
2.4 Participating School Departments, after consultation and remediation efforts
with Clinical Facility, shall promptly terminate the assignment of any Student or other
employee of the School for violation of any rule, regulation, policy, or procedure of the
Clinical Facility, breach of confidentiality, or other misconduct.
3. Clinical Facility’s Responsibilities.
3.1 Supervising Clinicians will provide instruction and supervision of Students
assigned to a Program, in accordance with Exhibit A and in accordance with guidelines Commented [A1]: Note to County:
ASU will need to review the Exhibit. Would County please forward
agreed upon by Clinical Facility and the appropriate School Department. a draft? It should be general enough to apply to various ASU
colleges.
3.2 Clinical Facility will provide a suitable environment for each Student’s clinical
experience.
3.3 Clinical Facility shall maintain workers' compensation insurance or funded self-
insurance for its employees.
3.4 At all times during the term of this Agreement and any renewal or extension
hereof, Clinical Facility shall, at its own expense, comply with applicable State and
Federal laws and regulations including but not limited to OSHA standards pertaining to
Occupational Exposure to Blood borne Pathogens with respect to each of School’s
employees, agents and Student(s).
3.5 Clinical Facility shall not disclose any records concerning any Student to any
third party except as required by law or authorized in writing by such Student.
3.6 As an independent contractor of School, Clinical Facility shall, in accordance
with 42 U.S.C. §1395(v)(1)(I) and 42. C.F.R. Part 420, Subpart D §420.300 et seq., until
the expiration of four (4) years after the furnishing of Medicare reimbursable services
pursuant to this Agreement, upon proper written request, allow the Comptroller
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General of the United States, the Secretary of Health and Human Services, and their
duly authorized representatives access to this Agreement and to Clinical Facility’s books,
documents, and records necessary to certify the nature and extent of costs of Medicare
reimbursable services provided under this Agreement. None of the duties of
Supervising Clinicians shall be carried out through a subcontract with any other person
or organization.
4. The Parties’ Mutual Responsibilities.
4.1 Intentionally omitted.
4.2 Neither School nor Clinical Facility will unlawfully discriminate against any
Student, employee, or patient in the performance of this Agreement.
4.3 Each participating School Department and Clinical Facility shall each designate a
coordinator who shall be reasonably available for consultation with the other respective
coordinator concerning each Student’s qualifications, clinical experience performance,
and the curriculum of the clinical experience program.
4.4 At all times during the term of this Agreement, all services shall be performed in
accordance with all applicable standards established by law or ordinance, or established
by the rules and regulations of any federal, state, or local agency, department,
commission, association, or other pertinent governing, accrediting, or advisory body
having the authority to set standards for offices maintained by health care providers.
4.5 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 bodily injury of any person (including death) or property
damage, 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.
The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
4.6 School shall give at least ten (10) days advance written notice of any
cancellation, non-renewal, or change in limits of the coverages.
4.7 School shall maintain workers’ compensation and commercial general liability
insurance or funded self-insurance for its employees.
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4.8 Each participating School Department shall be responsible for planning the
educational curriculum and shall maintain appropriate records and reports on each
Student’s clinical experience.
4.9 Both parties agree to cooperate with each other and share information in the
event that any investigation is conducted with respect to a Student’s experience or
performance at Clinical Facility. Students may be asked to sign a form granting School
and Clinical Facility permission to share information relevant to his or her experience or
performance.
5. Health Insurance Portability and Accountability Act. Students shall be instructed by
each participating School Department before beginning the Program concerning the confidentiality of
medical information of Clinical Facility’s patients and standard precautions. For purposes of compliance
with the Health Insurance Portability and Accountability Act and associated privacy regulations
(“HIPAA”), Students shall be considered part of Clinical Facility’s work force as that term is defined in
HIPAA to include trainees and students. Students are not considered work force or employees of Clinical
Facility for other purposes, including by and not limited to tax or employment law. Clinical Facility shall
provide the necessary training specific to HIPAA.
6. Policies and Procedure Governing Students. Students shall be subject to and follow all
Clinical Facility’s rules, regulations, policies and procedures, including standard precautions. Students
enrolled in a Program will also be governed in accordance with the policies and procedures established
through School and appropriate School Department.
7. Termination of Student Experience. Clinical Facility may terminate the participation of
a Student in the Program if the Student’s work, conduct or health may, in Clinical Facility’s judgment;
have detrimental effect on its patients, staff, or operations. A Student generally will not be removed
from a Program until Clinical Facility has discussed its concerns with a representative of the School.
However, Clinical Facility reserves the right to take immediate action to suspend a Student’s
participation in response to concerns of patient care or the safety and respect of its staff. Clinical
Facility shall not be arbitrary or discriminatory in the exercise of this right.
8. Student Health Insurance and Emergency Medical Care. Students shall maintain health
insurance throughout the entire term of their participation in the Program. Students shall be furnished
emergency medical care and treatment, if needed, while on duty at Clinical Facility with the associated
expense to be the responsibility of the Student, unless such medical care or treatment is due to Clinical
Facility’s intentional acts or omissions.
9. Insurance.
School will provide and maintain insurance coverage as described in Section 9.1 and 9.2:
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9.1 School agrees to maintain professional (as appropriate) and general liability
coverage through the State of Arizona Department of Administration Risk
Management Division's program of self-insurance pursuant to ARS 41-621 et.
seq., in the minimum amounts of $2,000,000 per occurrence, $4,000,000
aggregate, for its students, employees, and agents, participating in this
affiliation agreement.
9.2 The insurance required in Section 9.1 above shall be in full force and effect prior
to the arrival of Students at Clinical Facility. All insurance required herein shall
be maintained in full force and effect. Failure to do so may, at the sole
discretion of Clinical Facility, constitute a material breach of this Agreement.
9.3 School shall provide Clinical Facility with Certificate of Insurance or equivalent
documentation evidencing the above-stated coverage.
9.4 Clinical Facility shall provide and maintain comprehensive professional and
general liability insurance of not less than $2,000,000 per occurrence and
$4,000,000 in the aggregate as well as excess liability insurance of not less than
$1,000,000. A certificate of insurance evidencing such insurance coverage shall Commented [A2]: Note for County: ASU is happy to keep the
excess liability insurance provision, but understands if County wants
be provided to the School. to delete to make provisions more reciprocal.
10. Independent Contractors. Each party is a separate and independent institution, and
this Agreement shall not be deemed to create a relationship of agency, employment, or partnership
between or among them. Each party understands and agrees that this Agreement establishes a bona
fide training relationship and that the agents, Students, or employees of each respective party are not
employees of agents of the other party.
11. Term. This Agreement shall be effective as of the last date signed below and is
automatically renewed for subsequent one year terms for a total of five (5) years, unless terminated as
described in paragraph 12 below.
12. Termination.
12.1 Either party may terminate this Agreement for any reason by giving at least
ninety (90) days written notice to the other party.
12.2 In the event that is Agreement is terminated pursuant to this paragraph, the
parties hereby agree that no Students participating in an ongoing clinical
experience will be denied the opportunity to complete the affiliation, even
when the effective date of termination occurs prior to the completion date of
the clinical experience. In such event, all applicable provisions of this
Agreement, including the right to terminate any Student, pursuant to Section 7,
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shall remain in force during the extension period from the effective date of
termination, until the end of the academic term in which the Student is
enrolled.
13. Amendments. This Agreement may be amended from time to time by written
agreement of the parties.
14. Notices. Whenever written notice is required or permitted to be given by any party to
the other, such notice shall have been deemed to have been sufficiently given if personally delivered or
deposited in the United States Mail in a properly stamped envelope, certified or registered mail, return-
receipt-requested, addressed as described below. (Notices to School shall be addressed to the
appropriate School Department responsible for the subject Program with copy as described below. As
additional School Departments participate, additional contact information shall be provided for such
School Departments.)
For School With Copy to: For Clinical Facility:
For: School of Social Work
Saundra Ealy, MSW Lisa Gardner
Arizona State University Maricopa County Correctional
School of Social Work Health Services
411 N. Central Ave., #800 234 N. Central Ave., Ste. 5000
Phoenix, AZ 85004-0689 Phoenix, AZ 85004
For: College of Nursing and
Health Solutions
Karen Saewert, PhD, RN, CPHQ,
CNE, ANEF
Sr. Director, Educational Support
Services
Arizona State University
College of Nursing and Health
Innovation
500 N. 3rd Street
Phoenix, AZ 85004
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For: College of Health Solutions
Karen Saewert, PhD, RN, CPHQ,
CNE, ANEF
Sr. Director, Educational Support
Services
Arizona State University
College of Health Solutions
506 E. Monroe St, Ste. C 250
Phoenix, AZ 85004-4431
For: Barrett, The Honors College
Alexandra Aragon
Manager, Academic Advising
Arizona State University
Barrett, The Honors College
PO Box 871612
Tempe, AZ 85287
15. Use of Names. No party shall use the name, logo, or likeness of another party, or
another party’s employee or agent in any publicity or advertising material without such other party’s
express prior written consent; however, the existence and scope of the Programs may be made know to
Students as a means of assistance in completing their training requirements.
16. Assignment. Neither party shall assign all nor part of this Agreement without the
prior written consent of the other party which consent shall not be unreasonably withheld, provided,
however, that this Agreement may be assigned by either party without consent of the other to an
affiliate or to any third party who succeeds to substantially all of its businesses or assets. In the event of
a valid assignment, this Agreement will insure to the benefit of and be binding upon each party and its
respective successors and permitted assigns.
17. Governing Law. This Agreement shall be construed in accordance with the law of the
State of Arizona.
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18. Excluded Individual. Each party shall immediately notify the other party in the event
that it becomes an excluded individual from any federal health care program.
19. Enforceability and Waiver. The invalidity or unenforceability of any term or provision of
this Agreement shall in no way affect the validity or enforceability of any other term or provision. The
waiver by a party of a breach of any provision of this Agreement shall not operate as or be construed as
a waiver of any subsequent breach thereof.
20. Non-exclusive Agreement. Each party may enter into similar agreements with other
training institutions, provided that such agreements do not materially interfere with the ability of each
party to carry out its obligations hereunder.
21. Compliance with Laws. Each party shall comply with all applicable laws, ordinances,
Executive Orders, rules, regulations, standards, and codes of the Federal and State whether or not
specifically referenced herein. Specifically the following apply:
Unless exempted under Federal law, the parties shall not discriminate against any employee or
applicant for employment because of race, age, disability, color, religion, sex or national origin. The
parties shall, to the extent such provisions apply, comply with Title VI and VII of the Federal Civil Rights
Act; the Federal Rehabilitation Act; the Age Discrimination in Employment Act; American With
Disabilities Act.
22. E-Verification of Employees. Each Party warrants that it’s compliance with A.R.S. § 41-
4401 and further acknowledges that it and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§ 23-214, subsection A. Each Party further acknowledges that a breach of such warranty shall be
deemed a material breach of the Agreement that is subject to penalties up to and including termination
of the Agreement.
Further, each Party retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Agreement to ensure that the contractor or subcontractor is
complying with the warranty provided above and that the contractor agrees to make all papers and
employment records of said employee(s) available during normal working hours in order to facilitate
such an inspection.
Nothing herein shall make any contractor or subcontractor an agent or employee of the
contracting government entity.
23. Intentionally blank.
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24. Entire Agreement. This Agreement represents the entire agreement between the
parties with respect to the subject matter hereof, and supersedes all prior agreements and
representations.
25. Authority. The person signing this Agreement warrant that they have full authority to
do so and that their signatures shall bind the parties for which they sign.
26. Conflict of Interest. As required by law, notice is hereby provided of Section 38-511 of
the Arizona Revised Statutes.
27. Notice of Arbitration Statutes. Pursuant to Section 12-1518 of the Arizona Revised
Statutes, the parties acknowledge and agree that they will be required to make use of mandatory
arbitration of any legal action that is filed in the Arizona superior court concerning a controversy arising
out of this Agreement if required by Section 12-133 of the Arizona Revised Statutes.
28. Contractor Records. To the extent required by Section 35-214 of the Arizona Revised
Statutes, Clinical Facility agrees to retain all records relating to this Agreement. Clinical Facility agrees to
make those records available at all reasonable times for inspection and audit by ASU or the Auditor
General of the State of Arizona during the term of this Agreement and for a period of five (5) years after
the completion of this Agreement. The records shall be provided at Arizona State University, Tempe,
Arizona, or another location designated by ASU upon reasonable notice to Clinical Facility.
29. Failure of Legislature to Appropriate. If School’s performance under this Agreement
depends upon the appropriation of funds by the Arizona Legislature, and if the Legislature fails to
appropriate the funds necessary for performance, then School may provide written notice of this to
Clinical Facility and cancel this Agreement without further obligation of School. Appropriation is a
legislative act and is beyond the control of School.
~Signatures on following page~
~Remainder left blank intentionally~
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates written
below.
THE ARIZONA BOARD OF REGENTS MARICOPA CHAIRMAN OF THE
FOR AND ON BEHALF OF COUNTY BOARD OF SUPERVISORS
ARIZONA STATE UNIVERSITY
By: ______________________________ By: ________________________________
Name: ____________________________ Name: ______________________________
Title: _____________________________ Title: _______________________________
Date: ____________________________ Date: _______________________________
MARICOPA CLERK OF THE COUNTY
BOARD OF SUPERVISORS
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
MARICOPA COUNTY RISK MANGEMENT
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
ATTORNEY FOR BOARD OF SUPERVISORS
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
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