ALVERNO AFFILIATION AGREEMENT.PDF
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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: ________________________________