ALVERNO AFFILIATION AGREEMENT.PDF

Maricopa County — Formal (2022-11-02)

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ALVERNO COLLEGE JoAnn McGrath SCHOOL OF NURSING 
 AND HEALTH PROFESSIONS 
EDUCATIONAL AFFILIATION AGREEMENT 
WITH  
MARICOPA COUNTY  
ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT  
 
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 (“County”) administered by its Human Services Department, 
Early Education Division Head Start Program (hereinafter the “Program” or “Facility”). 
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 fieldwork experience and 
instruction for its nursing and health professions Students (hereinafter the “Students”); and  
WHEREAS, the Program, 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: 
1. 
Term.  This Agreement shall become effective as of the date first written above and shall 
have an initial term of five years.  
2. 
Extension. This Agreement shall be automatically renewed for two successive two-year 
terms upon approval and signature of both Parties and unless terminated by either party as 
provided herein.  
3. 
Termination. This Agreement may be terminated by either Party upon thirty (30) days 
prior written notice to the other Party; provided, however, Students participating in an ongoing 
fieldwork experience at the time shall be given the opportunity to complete their participation. In 
such event, all applicable provisions of this Agreement shall remain in force during the extension 
period from the effective date of termination, until the end of the academic term in which the 
Students are enrolled. 
4. 
Fieldwork Experience.  The Program shall provide the opportunity for adequately 
prepared Students of the SNHP to perform fieldwork under the supervision of faculty provided

by the SNHP in accordance with section 4 (Instruction and Supervision) of this Agreement 
(hereinafter the “Fieldwork Program”).  Except as noted herein, the Program shall not be 
responsible for the supervision, instruction, or education of the Students but the Program shall at 
all times retain responsibility and authority for the delivery of educational opportunities. 
5. 
Relationship of the Parties. 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 educational training relationship and the agents and employees of each respective Party 
are not employees or agents of the other Party. 
6. 
Instruction and Supervision.  
(a) 
The SNHP shall provide faculty personnel (hereinafter the “Faculty”) who will 
coordinate the teaching and supervision of Students assigned to the Program.  Faculty shall 
collaborate with the Program to plan and implement individual Student assignments. Faculty 
may consult with Program personnel as appropriate in conducting evaluations of Student 
performance. The Program shall be responsible for assigning Students to fieldwork areas and 
patients, and, if appropriate, providing a Student supervisor (hereinafter the “Supervisor”). 
(b) 
Supervisor: In some instances, Students will be assigned to work with a facility 
Supervisor who is an employee of the Program. In that event, the Program will retain 
responsibility and authority for the delivery of services to its program participants, but also will 
be responsible for supervision and guidance of the Students. 
(c) 
When the Parties deem it appropriate for the Program, the SNHP shall ensure that 
Students are accompanied by and supervised by SNHP faculty members while on Facility 
premises.  
(d) 
The Parties will comply with all rules and regulations of the Program to the extent 
they are presented at orientation or otherwise made available to Faculty and Students. Upon the 
Program’s request, the SNHP shall withdraw from the Fieldwork Program any Faculty member 
or Student who fails to comply with the Program’s rules and regulations.   
(e) 
The SNHP shall remove a Student from the Program upon request of the Program, 
if the Program determines that because of health, performance, or other reasons, such Student’s 
continued presence at the Program is detrimental to the Student and/or any patient of the 
Program.   
(f) 
The SNHP shall reimburse the Facility for any breakage or damage to equipment 
or supplies by a Student or SNHP faculty member, provided the Facility provides evidence that 
such breakage or damage was caused by the SNHP faculty member. 
7. 
Program Description and Mutual Responsibilities of the Parties. 
(a) 
The Parties shall each designate a coordinator who shall be reasonably available 
for consultation with the other respective coordinator concerning each Student’s qualifications, 
performance evaluation, and the curriculum of the Program.

(b) 
The Parties shall work jointly to develop Health Services Strategy that include: 
(i) 
collaboration with community-based organization/groups to provide or 
arrange for health screening and nutrition training for Head Start children and parents. 
(c) 
Review the Maricopa County Head Start Health and Nutrition Practices and 
Policies and revise as needed. 
(i) 
Establish an improved system of communication between stakeholders to: 
(1) 
support health needs assessments and surveillance;  
(2) 
increase access to, financing for, and use of community-based and 
private preventive services and care; 
(3) 
establish policies that improve the health of Head Start 
participants; and 
(4) 
share best practice and program model approaches for replicating 
services in other local communities. 
(d) 
The Parties agree to cooperate with each other and share information, to the extent 
allowed by law, in the event of any investigation, audit, peer review matter, disciplinary action, 
or third-Party liability claim arising out of the Program or any services provided under this 
Agreement or any adverse event that may result in liability to the other Party in connection with 
its performance under this Agreement. 
(e) 
Family Educational Rights and Privacy Act (“FERPA”). The Parties agree to 
abide by the limitations set forth under FERPA and regulations at 34 C.F.R. § 99.33 regarding 
the protection of educational data. Both Parties acknowledge that this Agreement allows access 
to educational data. They, agree to hold that information in strict confidence and not to use or 
disclose educational data received from or on behalf of either Party except as permitted or 
required by this Agreement, as otherwise required or allowed by law, or as authorized in writing 
by Student. 
8. 
The SHNP shall: 
(a) 
require all Students to obtain a fingerprint clearance card in accordance with 
A.R.S. §§ 36-594.01, 41-1964, and 46-141, as may be amended. All applicable legal 
requirements relating to fingerprinting, fingerprint clearance cards, certification regarding 
pending or past criminal matters, and criminal records checks are incorporated in their entirety as 
provisions of this Agreement. The SNHP is responsible for knowing all legal requirements 
relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past 
criminal matters, and criminal records checks related to the Agreement performance. The SNHP 
shall submit verification that Student has a clear fingerprint clearance background. 
(b) 
require all Students to obtain a Central Registry Background Check in accordance 
with A.R.S. § 8-804, as may be amended, prior to assignment to placement with the Facility. The

information contained in the Central Registry must be used as a factor to determine placement 
qualifications. The SNHP shall submit verification that each Student has a clear background 
clearance without incidents. 
(c) 
be responsible for the planning, implementation and execution of all educational 
aspects of its nursing program, including the Students’ fieldwork experience and instruction and 
matriculation, grading, promotion and graduation.   
(d) 
furnish the Program with current information about its curriculum and fieldwork 
education goals and objectives prior to the start of each Student’s fieldwork experience. 
(e) 
provide any educational goals and objectives for a Program rotation to the Facility 
prior to the start of the rotation and will be subject to the Facility’s acceptance and approval. 
(f) 
ensure that each Student signs a placement agreement before entering fieldwork 
program. 
(g) 
designate for participation in the Program only Students who are at least 18 years 
of age; have completed the necessary training, appropriate prerequisites, and didactic work for 
the Program: and who are in good standing. All Students shall be subject to the Facility’s 
standards of Program admission and participation 
(h) 
provide the Facility in advance of each Student’s Program rotation: Student name 
and program of study; rotation beginning and ending dates and total Program hours required; any 
curriculum objectives for the Program experience, as applicable; and any necessary paperwork 
for the Facility’s evaluation of the Student’s performance while on the Program rotation. 
(i) 
ensure Students provide 3 references to Facility staff on 1st day of internship. 
(j) 
utilize evidenced-based prevention and early intervention practices that have 
proven successful in enhancing immunization completion and health and wellness. 
(k) 
provide health screening and nutritional education in a local community setting or 
in a Head Start classroom. 
(l) 
offer health education, including immunizations, nutrition, physical development 
at no cost. 
(m) 
build community collaborations, increase number of children served and expand 
health services. 
(n) 
increase health awareness by providing health and education resources within the 
community. 
(o) 
provide lifelong skills including the importance of choosing a medical home, 
healthy habits and behaviors, the importance of completing well child exams and EPSDT 
schedule, physical activity and other determinants of health.

9. 
The Program or Facility shall: 
(a) 
assume full responsibility for the Program activities. It is understood that the 
SNHP does not derive direct revenue from and control of the activates at the facility. 
(b) 
determine the locations and assignments for each Student in the Program and 
oversee and modify as necessary the duties of the Students in accordance with their learning 
objectives.  
(c) 
provide equipment and supplies necessary for the administration of care by the 
Students.  The Program may also provide, but is not required to provide, suitable space for 
conferences connected with the Students’ fieldwork instruction, for use by Faculty and Students.  
Faculty and Students may use the Program’s cafeteria during their fieldwork experience at their 
own expense. 
(d) 
provide the use of the Head Start classroom facility at no cost. 
(e) 
provide rooms large enough to provide health education, and equipped with tables 
and chairs for staff, clients, and volunteers. 
(f) 
provide consent forms to parents, approving health screening prior to health 
screening dates. 
(g) 
provide orientation for Faculty and Students regarding relevant Program 
information, including policies, procedures, and rules with which Faculty and Students must 
comply. 
(h) 
promote health screening events. 
10. 
Notification of Program Requirements.  The SNHP shall inform the Program periodically 
regarding its academic calendar and course descriptions. 
11. 
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 Program or any of its 
patients. The SNHP recognizes and acknowledges that by participation of Faculty and Students 
in the Fieldwork Program at the Program, the SNHP, its Faculty and Students, shall have access 
to the protected health information (“PHI”) of the Program’s patients, as defined by the HIPAA 
Privacy Rule (42 CFR Parts 160 and 164) (hereinafter “Privacy Rule”). 
(b) 
The parties agree that the Students will be considered to be part of the Program’s 
“workforce,” as defined by the Privacy Rule, for purposes of accessing, using or disclosing PHI 
while participating in the Fieldwork Program.  The parties further agree that this “workforce” 
designation shall 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 Program or 
otherwise affect any provisions in this Agreement related to the independent status of the 
Students.

12. 
Immunizations and Health Information.  The SNHP will comply with the Program’s 
requests for immunizations and health information as needed to fulfill the objectives of this 
Agreement. 
13. 
Emergency Medical Care.  Students are not deemed to be employees of the Facility by 
virtue of this Agreement. Neither Party shall be obligated to provide for Students’ transportation 
to and from the Facility or for health insurance for Students. Students shall be responsible for 
maintaining their own health insurance throughout the entire term of their participation in the 
Program. Students shall not be entitled to any defense or indemnity by the County, or to any 
compensation from the County for services provided while on a Program rotation at the Facility. 
14. 
Needle Stick Injury or Blood Borne Pathogen Exposure.  In the event a Student sustains a 
needle-stick injury or other substantial exposure to bodily fluid of another or other potentially 
infectious material while participating in the fieldwork program at the Program, the Program 
agrees to provide the following services: 
(a) 
Have the Student seen by the Program’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 Program, in the usual manner to 
the extent possible. 
15. 
The Student will be responsible for the costs of any and all care, testing, counseling and 
obtaining necessary follow up care. 
16. 
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 Program 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 fieldwork program to 
acquire comprehensive health and accident insurance that will provide continuous coverage of 
such Student during his or her participation in the fieldwork 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 party 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.

17. 
Indemnification.  
(a) 
To the fullest extent permitted by law, each Party shall hold harmless the other 
Party, its agents, representatives, officials, officers, directors, employees, volunteers, 
departments, agencies, boards, committees, and commissions for, from, and against all claims, 
damages, losses and expenses, relating to, arising out of, or alleged to have resulted from the 
negligent acts, errors, omissions or mistakes relating to the performance of this Agreement. Each 
Party’s duty to hold harmless the other Party, its agents, representatives, officials, officers, 
directors, employees, volunteers, departments, agencies, boards, committees, and commissions 
shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily 
injury, sickness, disease, death, or injury to, impairment, or destruction of property, including 
loss of use resulting therefrom, caused by any negligent acts, errors, omissions, or mistakes in 
the Party’s performance of this Agreement including any person for whose acts, errors, 
omissions, or mistakes a Party may be legally liable. 
(b) 
The amount and type of insurance coverage requirements will in no way be 
construed as limiting the scope of the indemnity in this Section. Further, the scope of 
indemnification does not extend to the sole negligence of either Party. 
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. Venue for any actions or 
lawsuits involving this Agreement shall be in Maricopa County Superior Court or in the United 
States District Court for the District of Arizona, sitting in Phoenix, Arizona. 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 Program or the 
SNHP at the address set forth below.  The notice shall be effective on the date of delivery 
indicated on the return receipt.  
If to the Program: 
Attention: Eve Del Real, Assistant Director 
Maricopa County Human Services Department  
Early Education Division,  
Head Start Program 
234 N. Central Avenue, 3rd Floor 
Phoenix, AZ 85004 
Desk: 602-372-3710 
Eve.DelReal@maricopa.gov 
If to the SNHP: 
Attention: Mesa Director 
Linda L. Shanta, PhD, RN, ANEF 
Alverno College 
Mesa Location 
1201 S. Alma School Road 
Suite 5054 
Mesa, AZ 85210 
linda.shanta@alverno.edu 
 
19. 
Prohibition Against Assignment.  This Agreement may not be assigned by either party 
without the prior written consent of the other party.

20. 
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 Program. 
21. 
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. 
22. 
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. 
23. 
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. 
24. 
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. 
25. 
Advertising, Names, and Marks. No Party shall use the name, trademark, 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 Program available via this Agreement may be made known to Students as a means 
of assistance in completing their training requirements. 
26. 
Non-exclusive Agreement. Each Party will retain complete control over such programs of 
its own that are outside of this Agreement. Further, 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 under this Agreement. 
27. 
Compliance with Laws.  
(a) 
Each Party shall, to the extent such provisions apply, comply with all applicable 
federal and state laws, ordinances, Executive Orders, rules, regulations, standards, and codes 
whether or not specifically referenced herein, including, but not limited to: Title VI and VII of 
the Federal Civil Rights Act; Title IX of the Education Amendments of 1972; the Federal 
Rehabilitation Act; the Age Discrimination in Employment Act; the Americans With Disabilities 
Act, as amended; the Immigration Reform and Control Act of 1986 (IRCA); and Arizona 
Executive Order 2009-9, which mandates that all persons shall have equal access to employment 
opportunities. Unless exempted under federal law, the parties shall not discriminate against any 
Student, employee, or applicant for employment because of race, age, disability, color, religion, 
sex, or national origin. 
(b) 
The Parties agree to comply with all applicable federal and state 
nondiscrimination, equal opportunity and affirmative action laws, orders and regulations. The 
Parties shall not engage in unlawful discrimination or harassment against any person because of

race, color, ancestry, national origin, religion, pregnancy, sexual orientation, order of protection, 
gender identity and expression, age, marital status, disability, genetic information, unfavorable 
military discharge, status as a veteran, or sex (including sexual harassment, sexual assault, 
domestic violence, dating violence, and stalking). The Facility agrees to cooperate with any 
SNHP investigation and/or complete its own review and provide the SNHP with a written 
outcome of its appropriate review and handling of any complaints of discrimination or 
harassment made by participating Students arising out of this Agreement. 
28. 
Uyghur Forced Labor Prevention Act (UFLPA): 
(a) 
The SNHP warrants and certifies that it does not currently, and agrees for the 
duration of the agreement that it will not, use: 
(i) 
the forced labor of ethnic Uyghurs in the People's Republic of China. 
(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.  
(b) 
If the SNHP becomes aware during the term of the Agreement that the SNHP is 
not in compliance with this paragraph, the SNHP shall notify the County within five business 
days after becoming aware of the noncompliance. Failure of the SNHP to provide a written 
certification that the SNHP has remedied the noncompliance within one hundred eighty (180) 
days after notifying the public entity of its noncompliance, this Agreement shall terminate unless 
the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 
29. 
Authority. The persons signing this Agreement warrant that they have full authority to do 
so and that their signatures shall bind the parties for which they sign.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly 
authorized representatives as of the date first written above. 
 
 
ALVERNO COLLEGE 
 
 
By: ______________________________ 
 
Name: ____________________________ 
 
Title: _____________________________ 
 
Date: ____________________________ 
 
MARICOPA COUNTY 
 
 
By: ________________________________ 
 
Name: Bill Gates 
 
Title: Chairman, Board of Supervisors 
 
Date: _______________________________ 
 
 
ATTESTED TO: 
 
By: ________________________________ 
Clerk of the Board                            Date 
 
 
 
APPROVED AS TO FORM: 
 
By: ________________________________