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CLINICAL EXPERIENCE AGREEMENT BETWEEN MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT AND MARICOPA COUNTY This agreement (“Agreement”) is entered into by and between the Maricopa County Community College District (“MCCCD”), a political subdivision of the State of Arizona, on behalf of its Colleges and Skill Centers (“College”) and Maricopa County, administered by the Maricopa County Human Services Department (“Agency”) at various Head Start Program and Community Agency locations. BACKGROUND A. The parties to this Agreement wish to cooperate in providing coordinated clinical and instructional programs for the education and training of students of the College registered in its various health-related programs [Addendum A] (“Program”). B. College and Agency have the ability and resources to provide the necessary classroom education and clinical experience for students to meet qualifications required by the MCCD degree program meet qualifications required by the MCCD degree program. C. The parties agree that the sole purpose of this Agreement is to train students, and not to provide a service. AGREEMENT The parties agree as follows: 1. Assignments; Confidentiality. 1.1. Students registered in the Program at the College shall be assigned for clinical experience in accordance with their degree program. The number of students so assigned shall be mutually agreed to between the parties. 1.2. College and Students may receive , upon written consent of the parents or guardians may receive and acquire from Agency protected health information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act of 1996 and implementing regulations, including 45 CRF Section 160 and 164 (collectively “HIPAA”). College agrees that all PHI acquired as a result of Student’s training at Agency is confidential and that both College and Students are prohibited from disclosing that information to any person or persons not involved in the care and treatment of the patients, in the instruction of Students, or in the performance of administrative responsibilities at Agency. College shall protect the confidentiality of PHI as required by law at all times both during and after Students training at Agency. At the termination of the Agreement for any reason, College shall use its best efforts to return to Agency or to destroy all written and electronic PHI received or acquired from Agency under this Agreement, except as may be required to maintain a Student’s educational records. For example, such efforts may include destruction by shredding of Students’ essays or papers containing PHI and destruction by shredding of any faculty notes containing PHI. 1.3. Either the College or Agency, or both, shall instruct Students before beginning the Program concerning the confidentiality of medical information of the patients, the requirements of HIPAA, and the required need for standard precautions. For purposes of compliance with HIPAA, Students and assigned faculty shall be considered part of the Agency’s workforce trainees and/or volunteers, as the term workforce is defined in HIPAA. Students and assigned faculty are considered work forces of the Agency specifically for the purposes of this Agreement, and for no MC-CEA (07/01/12) Page 1 of 6 other purposes including, but not limited to, taxes, worker’s compensation, or for other related employment purposes. The parties are not business associates under the Health Insurance Portability and Accountability Act. 2. College Responsibilities. The College shall have the following major responsibilities: 2.1. Use proper administrative procedure in planning for observation and/or clinical experience. 2.2. Provide supervision, direction, and instruction required by the Program: 2.2.1. Ensure that placement activities are appropriate to student learning objectives; 2.2.2. Ensure that the student is progressing in accordance with expectations; 2.2.3. Meet with the student on a regular basis and otherwise as needed; 2.2.4. Review student progress and products associated with the placement; 2.2.5. Evaluate student progress; 2.2.6. Debrief the site supervisor and others as appropriate. 2.3. Adhere to the existing rules and regulations of the Agency. 2.4. Contact the Agency at least ten (10) days prior to arrival of students in order to properly plan for their experience. 2.5. Assure that each student in the Program shall meet the same physical examination and immunization requirements as those applied to Agency employees. 2.6. Require that students in MCCCD's allied health and nursing programs have a current Level I Fingerprint Clearance Card issued by the Arizona Department of Public Safety as well as a comprehensive background check as a condition of admission to a Program except for emergency medical technician students, who will be required to have a current Level I Fingerprint Clearance Care or comprehensive background check or both if mandated by the Agency. 2.7. Require that MCCCD faculty and staff who are likely to be physically at the Agency to have a current Level I Fingerprint Clearance Card issued by the Arizona Department of Public Safety as well as a comprehensive background check except for emergency medical technician faculty or staff, who will be required to have a current Level I Fingerprint Clearance Care or comprehensive background check or both if mandated by the Agency. 3. Agency Responsibilities. The Agency will have the following major responsibilities: 3.1. The Agency shall provide use of a facility location and meeting space for College faculty and students enrolled in the Program. 3.2. The Agency shall permit College students and members of the College faculty connected with the educational program to use, at their own expense, any cafeteria or other dining facilities available to Agency personnel. 3.3. The Agency will provide training aids and data, as appropriate, relating to the various training phases under study by the students. 3.4. The Agency will keep the College faculty informed of policy changes, which may affect faculty and students. 4. Mutual Responsibilities. The parties share the following mutual responsibilities: 4.1. The assigned personnel of the Agency and the faculty of the College will confer at such times as may be mutually agreed upon to evaluate the Program. MC-CEA (07/01/12) Page 2 of 6 4.2. The assigned personnel of the Agency and the faculty of the College assigned to the Program shall cooperate in providing a sound educational environment for effective care. 4.3. In instances where there is no on-site faculty directly supervising the students, the Agency will be responsible for providing appropriate and adequate supervision of the activities of each student by qualified professionals mutually acceptable to the College and Agency. In those cases, College shall provide faculty who will be accessible to the Agency staff for immediate consultation or supervision. 5. Discontinuance of Student Assignments. 5.1. Either the College or Agency may, for cause and without prior notice, transfer or discontinue the assignment of any Student at Agency any time during the period of this Agreement. 5.2. Agency may refuse access to its clinical areas to any Student who does not meet its employee standards for safety, health, or ethical behavior. 6. Insurance. Each party shall maintain during this Agreement insurance policies for the coverages specified below issued by companies licensed in Arizona with a current A.M. Best rating of B++ or better. On receipt of a written request of a party, including for the purposes of auditing compliance with this provision, the other party shall furnish the requesting party with certificates of insurance evidencing the required coverages, conditions, and limits required by this Agreement. It shall be considered a material breach of this Agreement for a party to fail either to maintain the insurance requirements specified in this provision, or to provide a certificate of insurance when requested. Upon breach of this provision, the non-breaching party may terminate this Agreement, giving consideration in the effective date of the termination to the students currently assigned to the Agency. If any insurance policies are written on a “claims made” basis, coverage shall extend for two years past completion of the last student assignment to the Agency. The insurance required herein shall be in force and effect prior to the arrival of the Students. The insurance policies shall be endorsed stating that they shall not expire, be cancelled, suspended, voided or materially changed without the insurer endeavoring to provide 30 days written notice by certified mail to the other party. Each party’s insurance must be primary, and any insurance or self-insurance maintained by either party shall not contribute to it. The following coverage is required: 6.1. Commercial General Liability insurance with a limit of not less than $2,000,000 per occurrence and $4,000,000 aggregate for claims during the term of this Agreement for bodily injury, property damage, personal injury, products and broad form contractual liability, including but not limited to, the liability assumed under the indemnification provisions of this Agreement; 6.2. Professional Liability insurance providing coverage on an “occurrence basis” during the term of this Agreement, with a limit of not less than $1,000,000 each claim and $3,000,000 annual aggregate; and 6.3. Workers’ Compensation insurance with limits statutorily required by any Federal or state law and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. 6.4. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. The policy shall be endorsed to include the following additional insured language: "Maricopa County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor". MC-CEA (07/01/12) Page 3 of 6 Minimum Limits: General Aggregate $5,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Sexual Abuse/Molestation $3,000,000 7. Indemnification. To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of the indemnifying party, its agents, employees, or any tier of that party’s subcontractors in the performance of this Agreement. The insurance requirements of this Agreement will not be construed as limiting the scope of this indemnification. 8. Notices. All notices required to be given under this Agreement shall be sufficient if sent by electronic mail, facsimile, or U.S. Mail as follows: For MCCCD: Margaret E. McConnell, Assistant General Counsel Maricopa County Community College District 2411 West 14th Street, Tempe, AZ 85281-6942 Tel: 480-731-8888 Fax: 480-731-8890 For Agency: Bruce Liggett Maricopa County Human Services Director Tel: 602-506-5911 Fax: 602-506-1886 9. Non-Discrimination. Both parties shall comply with all federal, state, and local laws, rules, and regulations, and executive orders concerning non-discrimination in employment, education, and services on the basis of sex, race, disability, religion, national origin, or veteran's status. 10. Independent Contractor. College faculty, staff, and students are not officers, agents, or employees of the Agency. 11. Governing Law. This Agreement shall be governed by the laws of the State of Arizona. 12. Integration. This Agreement contains the entire understanding between the parties. All prior negotiations between the parties are merged into this Agreement, and there are no other understandings or agreements. This Agreement may not be modified except by written amendment signed by both parties. 13. Conflict of Interest. MCCCD may terminate this Agreement for a conflict of interest as specified in Arizona Revised Statutes §38-511. 14. Authorized Signature. Each party to this Agreement represents that the person signing this Agreement on its behalf is authorized by each respective party to do so. 15. Effective Date. The effective date of this Agreement is the date on which the agreement was duly executed on signature by both parties, it will supersede any previous agreements between the parties for clinical experience. This Agreement may be terminated by either party with written notice to the other party at least ninety (90) days prior to the next succeeding semester or school term, and in the case of termination, the affiliation between the Agency and the College shall continue until all those students then MC-CEA (07/01/12) Page 4 of 6 participating in the Program at the Agency have completed the programmed clinical experience, except as provided in Paragraph 13 of this Agreement. 16. Term. This Agreement shall be effective upon execution of both parties and is automatically renewed for subsequent one (1) year terms for a total of five years, unless terminated as described herein. 17. Termination. Either party may terminate this Agreement for any reason by giving at least ninety (90) days written notice to the other party. Upon termination, the disposition of any Students remaining in the program shall be mutually agreed to by both parties. 18. Amendments. This Agreement may be amended from time to time by written agreement of the parties. 19. Assignments. Neither party shall assign neither all nor part of this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Any such noncompliance assignment shall be void. 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. Each party warrants compliance with the e-Verify requirements found in A.R.S. § 41-4401 and A.R.S. § 23-214. IN WITNESS THEREOF, the Parties have signed this agreement: Approved By: MCCCD: MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Approved By: for its Colleges and Skill Centers MARICOPA COUNTY ___________________________________ Margaret E. McConnell ___________________________________ Assistant General Counsel Chairman, Board of Supervisors __________________ __________________ Date Date Attested To: ___________________________________ Clerk, Board of Supervisors Date In accordance with A.R.S. § 11.951 this agreement has been reviewed by the undersigned attorney(s) who has determined that this agreement is proper in form and within the power and authority granted under the laws of the State of Arizona. Approved as to form: Approved as to form: ___________________________________ ___________________________________ Attorney for the Contractor Date Deputy County Attorney Date MC-CEA (07/01/12) Page 5 of 6 ADDENDUM A CLINICAL EXPERIENCE AGREEMENT Health programs currently offered by the Maricopa County Community College District include but are not limited to: Chiropractic Assistant Medical Assistant Clinical Research Associate Medical Biller Clinical Research Coordinator Medical Coder – Hospital Based and Physician Clinical Lab Technician Based Community Health Advocate for Diabetes Medical Laboratory Sciences Dental Assistant Medical Radiographer Dental Hygienist Medical Transcriptionist Dental Office Manager Nuclear Medicine Technologist Diagnostic Medical Sonographer Paramedic Dialysis Technician Patient Care Technician Dietetic Technician Perioperative Nurse Electroneurodiagnostic Technologist Pharmacy Technician Emergency Medical Technician Phlebotomist Gerontology Physical Therapist Aide Health Information Technician Physical Therapist Assistant Health Services Manager Polysomonography Health Unit Coordinator Radiation Therapy Technologist Histologic Technology Respiratory Therapist Hospital Central Service Technician Surgical Technologist Laboratory Assistant Nurse Assistant Massage Therapist Practical Nurse Registered Nurse Maricopa County Community College District * Chandler Gilbert Community College Paradise Valley Community College 2626 East Pecos Road, Chandler, AZ 85225 18401 North 32nd Street, Phoenix, AZ 85032 Estrella Mountain Community College Phoenix College 3000 North Dysart Road, Avondale, AZ 85323 1202 West Thomas Road, Phoenix, AZ 85013 GateWay Community College Rio Salado College 108 North 40th Street, Phoenix, AZ 85034 2323 West 14th Street, Tempe, AZ 85281 Glendale Community College Scottsdale Community College 6000 West Olive Avenue, Glendale, AZ 85302 9000 East Chaparral Road, Scottsdale, AZ 85256 Mesa Community College South Mountain Community College 1833 West Southern Avenue, Mesa, AZ 85202 7050 South 24th Street, Phoenix, AZ 85040 * Satellite Campuses and the Maricopa Skill Centers are not listed. MC-CEA (07/01/12) Page 6 of 6