MARICOPA DPH AGREEMENT - OUAZ.PDF

OTTAWA UNIVERSITY

STUDENT ROTATION TRAINING AGREEMENT

This Student Rotation Training Agreement (“Agreement”) sets forth the terms of

the rotation of Students from Ottawa University (“OTTAWA”), a Kansas nonprofit
organization whose principal office is located at 1001 S. Cedar, Ottawa, KS 66067 and
whose local office is located at 15950 N. Civic Center Plaza, Surprise, AZ 85374 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.

1. Rotation Goals and Objectives

A.

The educational goals and objectives for any rotation will be provided by OTTAWA
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 OTTAWA.

The Program Director of the applicable Training Program at OTTAWA shall retain
full control and responsibility for the overall education of the Students.

2. Responsibilities of OTTAWA for Rotations

A.

Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.

Provide for supervision and instruction as agreed upon by both parties.

Ensure that Students participating in the program along with any faculty observers
at MCDPH adhere to existing rules and regulations of MCDPH.

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 OTTAWA 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.

Prohibit Students or OTTAWA 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.

G. Notwithstanding any provision to the contrary, OTTAWA 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 or indemnity
under Maricopa County’s Declaration of Trust for Maricopa County, Arizona, Self-
Insured Risk Trust Fund, 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 may, at its own election, decide to provide
Students a stipend. MCDPH employees employed by OTTAWA 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 $2,000,000
each occurrence and $4,000,000 general aggregate, and professional liability
insurance of $2,000,000 per claim and a $4,000,000 aggregate. In the event any
insurance policies required are written on a claims made basis, coverage shall
extend for two years past the Agreement’s completion as evidenced by annual
Certificates of Insurance. OTTAWA will provide proof of such coverage in the form
of Certificates of Insurance to MCDPH.

|. 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.

C.

Designate a person or persons or MCDPH unit to assist in the coordination of the
Students’ learning experiences, including planning with MCDPH staff for the
assignment of Students to specific learning experiences which are appropriate for
the Student’s program.

Keep OTTAWA informed of changes in policy that affect Students and faculty
observers.

4. Mutual Responsibilities of MCDPH and OTTAWA

A.

The personnel of MCDPH and the faculty of OTTAWA assigned to the program
will confer at such times as may be mutually agreed upon to evaluate the
educational program.

The personnel of MCDPH and the faculty of OTTAWA assigned to the program
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.

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 February 1, 2025, through June 30,
2034. The Agreement may be renewed for additional terms by the mutual consent
of both parties.

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.

OTTAWA 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 2009-09 as
amended by Executive Order 2023-01, relating to equal employment opportunity
and non-discrimination.

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.

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. This
Agreement may not be assigned in part or whole without the prior written consent
of both parties.

Individuals executing this Agreement on behalf of the parties represent and
warrant that they have been authorized to do so.

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.

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.

To the fullest extent permitted by law, OTTAWA 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
OTTAWA, 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.

OTTAWA's duty to defend, indemnify, and hold harmless MCDPH, its

I.

J.

agents, representatives, officers, directors, officials, and 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 OTTAWA, 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.

The amount and type of insurance coverage requirements above shall not
be construed as limiting the scope of the indemnity in this paragraph.

Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:

OTTAWA 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, “After December 31, 2007, every employer,
after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the
verification for the duration of the employee’s employment or at least three
years, whichever is longer’.

A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and
OTTAWA may be subject to penalties up to and including termination of
the contract.

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 OTTAWA may be subject to
penalties up to and including termination of the Agreement.

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.

For questions about E-Verify OTTAWA should visit the following web site:
http://www.uscis.gov.

This Agreement may be cancelled in accordance with A.R.S. § 38-511.

(signature page follows)

IN WITNESS WHEREOF, MCDPH and OTTAWA have executed this Agreement.

MARICOPA COUNTY
Acting for and on behalf of
the Department of Public Health

By:
Chairman,
Maricopa County Board of
Supervisors
Attest:
Clerk of the Board Date
Approved as to Form Date

Deputy County Attorney

OTTAWA UNIVERSITY

By: pra S Iya | [21/2025

Date

Name: Dennis Tyner
VS

Title. President, OVUAZ