AFFILIATION AGREEMENT BETWEEN ALVERNO COLLEGE AND MARICOPA COUNTY.PDF

ALVERNO COLLEGE

ESTABLISHED 1887

ALVERNO COLLEGE JoAnn McGrath SCHOOL OF NURSING
AND HEALTH PROFESSIONS
EDUCATIONAL AFFILIATION AGREEMENT
WITH

MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES

This Educational Affiliation Agreement (the “Agreement”), is made and entered into
as of the day of , 2022, by and between Alverno College JoAnn
McGrath School of Nursing and Health Professions-Mesa Location (hereinafter the
“SNHP”) and Maricopa County Correctional Health Services (hereinafter the “Clinical
Entity”).

WHEREAS, the SNHP offers programs in nursing and health professions leading to the
bachelors of science in nursing degree, a masters of science in nursing, and various certificate
programs; and

WHEREAS, the SNHP desires to provide supervised clinical experience and instruction
for its nursing and health professions students (hereinafter the “Students”); and

WHEREAS, the Clinical Entity, in the interest of furthering the educational objectives of
the SNHP, desires to make its facilities available to the Students for such experience and
instruction; and

NOW THEREFORE, in consideration of the promises and the mutual covenants,
agreements and undertakings hereinafter set forth, it is hereby AGREED:

L Term and Termination of Agreement. This Agreement shall become effective as of the
date first written above and shall have an initial term of two yeats. Thereafter, this Agreement
shall be automatically renewed for successive one-year terms unless terminated by either party as
provided herein. Either party may terminate this Agreement without cause by giving the other
party ninety (90) days written notice prior to the end of the then current term,

2. Clinical or Fieldwork Experience, The Clinical Entity shall provide the opportunity for
adequately prepared Students of the SNHP to perform clinical work under the supervision of
faculty provided by the SNHP in accordance with section 4 (Instruction and Supervision) of this
Agreement (hereinafter the “Clinical Program”). Except as noted herein, the Clinical Entity shall
not be responsible for the supervision, instruction, or education of the Students but the Clinical
Entity shall at all times retain responsibility and authority for the delivery of patient care to its
patients.

3. Preceptorships. In some instances, Students will be assigned to work with a Preceptor
who is an employee or medical staff member of the Clinical Entity. In that event, the Clinical

3400 SOUTH 43RD STREET PO. BOX 343922 MILWAUKEE WI53234-3922 414-382-4000 ALVERNO.EDU

Entity will retain responsibility and authority for the delivery of patient care to its patients, but
also will be responsible for supervision and guidance of the Students.

4. Planning of Educational Program. The SNHP shall be responsible for the planning,
implementation and execution of all educational aspects of its nursing program, including the
Students’ clinical nursing experience and instruction and matriculation, grading, promotion and
graduation. The SNHP shall furnish the Clinical Entity with current information about its
curriculum and clinical education goals and objectives prior to the start of each Student’s clinical
experience,

5. Instruction and Supervision. The SNHP shall provide faculty personnel (hereinafter the
“Faculty”) who will coordinate the teaching and supervision of Students assigned to the Clinical
Entity. Faculty shali collaborate with the Clinical Entity to plan and implement individual
Student assignments, Faculty may consult with Clinical Entity personnel as appropriate in
conducting evaluations of Student performance. The Clinical Entity shali be responsible for
assigning Students to clinical areas and patients, and, if appropriate, providing an individual
preceptor (hereinafter the “Preceptor”).

6. Notification of Program Requirements. The SNHP shall inform the Clinical Entity
periodically regarding its academic calendar and course descriptions.

7. Equipment and Use of Facilities. The Clinical Entity shali provide equipment and
supplies necessary for the administration of care by the Students. Faculty and Students are
responsible for returning any borrowed equipment to the Clinical Entity. Faculty and Students
are responsible for reimbursing the Clinical Entity for the costs associated with any damaged or
lost equipment. The Clinical Entity may also provide, but is not required to provide, suitable
space for conferences connected with the Students’ clinical instruction, for use by Faculty and
Students, Faculty and Students may use the Clinical Entity’s cafeteria during their clinical
experience at their own expense.

8. Orientation for Faculty and Students. The Clinical Entity shall provide orientation for
Faculty and Students regarding relevant Clinical Entity information, including policies,
procedures, and rules with which Faculty and Students must comply.

9. Compliance with the Clinical Entity Rules. Faculty and Students will comply with all
rules and regulations of the Clinical Entity to the extent they are presented at orientation or
otherwise made available to Faculty and Students, Upon the Clinical Entity’s request, the SNHP
shall withdraw from the Clinical Program any Faculty member or Student who fails to comply
with the Clinical Entity’s rules and regulations.

10. Confidential Information.

(a) Faculty, Students, and other SNHP personnel will be informed of their obligation
not to disclose any confidential material or information connected with the Clinical Entity or any
of its patients. The SNHP recognizes and acknowledges that by participation of Faculty and
Students in the Clinical Program at the Clinical Entity, the SNHP, its Faculty and Students, shall
have access to the protected health information (“PHI”) of the Clinical Entity’s patients, as
defined by the HIPAA Privacy Rule (42 CFR Parts 2, 160 and 164) (hereinafter “Privacy Rule”).

(b) The parties agree that the Students will be considered to be part of the Clinical
Entity’s “workforce,” as defined by the Privacy Rule, for purposes of accessing, using or
disclosing PHI while participating in the Clinical Program. The parties further agree that this
“workforce” designation shail be solely for purposes of complying with Privacy Rule
requirements and will not create any type of agency or employee relationship between the
Student and Clinical Entity or otherwise affect any provisions in this Agreement related to the
independent status of the Students.

11. “Parties acknowledge that under this Agreement no employee or participant of SNHP is to
be-considered a Connty employee, and that no rights of County merit, County retirement, or
County personnel rules shall accrue to such individual. SNHP shall have total responsibility for
all salaties, wages, bonuses, retirement, withholdings, workman's compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and shall save and hold the County
harmless with respect thereto.

12. Removal of Students from the Clinical Entity, The SNHP shall remove a Student from
the Clinical Entity upon request of the Clinical Entity, ifthe Clinical Entity determines that
because of health, performance, or other reasons, such Student’s continued presence at the
Clinical Entity is detrimental to the Student and/or any patient of the Clinical Entity,

13. Immunizations, Health Information and Background Checks. The SNHP will comply
with the Clinical Entity’s requests for immunizations, health information and background
clearances as needed to fulfill the objectives of this Agreement.

14. Emergency Medical Care: The Clinical Entity shall provide emergency medical care to
Faculty and Students who become ill or who are injured while on duty at the Clinical Entity.
The SNHP understands that the cost of such care shall be the responsibility of the individual
receiving it,

15. Needle Stick Injury or Blood Borne Pathogen Exposure, In the event a student sustains a
needie-stick injury or other substantial exposure to bodily fluid of another or other potentially
infectious material while participating in the clinical education program at the Clinical Entity, the
Clinical Entity agrees to provide the following services:

(a) Have the student seen by the Clinical Entity’s employee health service and/or
emergency department as soon as possible after the injury;

(b) —_ Initiate the standard protocol for the event at that Clinical Entity, in the usual
manner to the extent possible.

16, The Student will be responsible for the costs of any and all care, testing, counseling and
obtaining necessary follow up care,

17. — Insurance,

(a) The SNHP shall provide coverage for each Student under its professional liability
insurance policy with limits of $1,000,000 per incident/$3,000,000 annual aggregate and general

liability limits of $1,000,000 per incident/$2,000,000 annual aggregate. The Clinical Entity shall
carry general liability insurance with limits of $1,000,000 per incident/$2,000,000 annual
aggregate consistent with good business practice and professional liability insurance as required
from time to time by Arizona law, which currently requires limits of $1,000,000/$3,000,000.

(b) The SNHP will encourage each Student participating in the clinical education
program to acquire comprehensive health and accident insurance that will provide continuous
coverage of such Student during his or her participation in the education program. The SNHP
will inform Students that they are responsible for their own health needs, health care costs, and
health insurance coverage.

(c) Each party to this Agreement will be responsible for the negligent acts or
omissions of its own employees, offices, or agents in the performance of this Agreement.
Neither party will be considered the agent or employee of the other and neither patty assumes
any responsibility to the other party for the consequences of any act or omission of any person,
firm, or corporation not a party to this Agreement.

18. Governing Law. The validity, construction, performance and effect of this Agreement
shall be governed by the laws of the State of Arizona without regard to its principles of conflicts
of laws, and any question arising under of this Agreement shall be construed or determined
according to such laws, except to the extent preempted by federal law.

19. Notices, Any notice required to be given pursuant to the terms of this Agreement shall be
in writing and shall be sent, postage prepaid, by certified mail, return receipt requested, or via
email, to the Clinical Entity or the SNHP at the address set forth below. The notice shall be
effective on the date of delivery indicated on the return receipt.

Ifto the Clinical Entity: If to the SNHP:

Attention: Education Nursing Supervisor Attention: Mesa Director

Donna Campbell Linda L. Shanta, PhD, RN, ANEF
Maricopa County Alverno College

Correctional Health Services - Education Mesa Location

Lower Buckeye Jail — Administrative Office 1201 S. Alma School Road

Suite 2800 Suite 5450

3250 W. Lower Buckeye Rd Mesa, AZ 85210

Phoenix, AZ 85009 linda.shanta@alverno.edu

Phone:602-876-7115
Email: Donna.Campbell@Maricopa.gov

20, Prohibition Against Assignment, This Agreement may not be assigned by either party
without the prior written consent of the other party.

21. Non-Discrimination. Each party is separately responsible to comply with any
antidiscrimination law that applies to the party’s activities under this Agreement. Neither party
has a right unlawfully to discriminate against any Student in the Clinical Program.

22, Survival, SNHP and Clinical Entity expressly intend and agree that the liability coverage
provisions of this Agreement will survive the termination of this Agreement for any reason,

23. Severability. If any provision of this Agreement shall be held to be wholly or partially
invalid or unenforceable under applicable law, said provision will be ineffective to that extent
only, without in any way affecting the remaining parts or provisions of said agreement.

24, Waiver. Neither the waiver by any of the parties hereto of a breach or of a default under
any of the provisions of this Agreement, nor the failure of either of the parties, on one or more
occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege
hereunder, will thereafter be construed as a waiver of any subsequent breach or default of a
similar nature, or as a waiver of any of such provisions, rights or privileges hereunder.

25, Entire Agreement and Amendment: This Agreement is the entire agreement between the
parties and supersedes all prior agreements relating to the subject matter hereof. This Agreement
may be amended only by a writing signed by both parties,

IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective
dates written below,

ALVERNO COLLEGE
JoAnn McGrath School of Nursing and Health Professions

By: Crud i —

Name: Lautie Kkkel-Fordfp n ila Pwo, RN

Title: Dean 17 f Nursing and Health Professions

Date:_ tl 7, ro

MARICOPA COUNTY
By:... ___

Name:

Title; Chairman, Board of Supervisors

Date:

ATTESTED TO:
By:

Name:

Title: Clerk of the Board
Date:

By:
Name: avant Enc ssl or

Title: Deputy County Attomey

Date: if | 4 ZZ