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Page 1 of 8 [Contractor name] WORK EXPERIENCE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND [NAME OF ORGANIZATION] Worksite Agreement #: Agreement Amount: Agreement Start Date: Agreement Termination Date: 1.0 PARTIES This financial Agreement (“Agreement”) is entered into by Maricopa County, administered by its Human Services Department (“County”), and [Name of Organization] (“Employer”). The Employer and the County collectively are referred to in this Agreement as the “Parties” and individually as a “Party.” 2.0 PURPOSE The purpose of this Agreement is for the Parties to increase the practice readiness of New Graduate Nurses (NGNs) yielding a more confident and practice-prepared nurse who can transition to the workplace more efficiently. As part of a pilot program funded through the American Rescue Plan Act, Maricopa County will partner with nursing schools and employers of nurses. The pilot model will use an enhanced preceptor training program and an electronic platform with Readiness to Practice Indicators (RPIs) that track the progress of the student. This tool will enhance communication between nursing student and preceptor, nursing faculty and preceptor, and unit director. The tool can be used as an indicator to expedite movement of that nurse into productive staffing reducing onboarding costs. Both the academic and practice side will be able to view and track the student’s progress. 3.0 TERM 3.1 The term of this Agreement is for Start Date to December 31, 2022. 3.2 This Agreement shall be effective upon signature by both Parties. 4.0 AMENDMENTS Any changes to this Agreement shall be carried out in accordance with the following: 4.1 All Amendments and modifications to this Agreement shall be in writing and approved and signed by authorized signers for both Parties. 5.0 TERMINATION 5.1 Under A.R.S. §38-511, the County may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. Page 2 of 8 [Contractor name] 5.2 Either Party may terminate this Agreement at any time by giving the other Party at least thirty (30) calendar days prior notice in writing. 5.3 This Agreement may be terminated by mutual written agreement of the Parties. The written agreement shall specify the termination date. 5.4 The County has the right to terminate this agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the participants are endangered or the Employer’s non-compliance to the terms of the Agreement. 5.5 If not terminated by one of the above methods, this Agreement shall terminate upon the expiration of the term stated on page 1 of this Agreement or any extended term described in Section 3.0. 6.0 FUNDING 6.1 The County shall provide a not-to-exceed amount of $[______] for the agreement term. 7.0 AVAILABILITY OF FUNDS 7.1 Should funding for Program activities be reduced for any reason and services are not funded, then a Party may either accept a decrease in services offered by the other Party or terminate this Agreement. 8.0 PAYMENTS 8.1 Subject to ongoing review and possible modifications during the term or terms of this Agreement, Pilot Manager will work with Education contact at Employer to track and confirm preceptor hours spent in online training and 12-hour shifts with students. Pilot Manager will communicate with Employer finance and provide Employer with a list of confirmed preceptor names, hours worked in the preceptor roll and the incentive pay due Employer on September 1 and December 15 as described in sections 9.2.1.1 and 9.2.1.2. 8.2 The Employer will also receive compensation to offset preceptor’s reduced patient load as described in section 9.2.1.3. 8.3 Invoices shall be submitted to Maricopa County Human Services Department Finance Unit via email to HSDFinance@Maricopa.gov. 9.0 RESPONSIBILITIES 9.1 The Employer shall: 9.1.1 Use an electronic platform with Readiness to Practice Indicators (RPIs) that track the progress of the student. 9.1.2 Provide Pilot Manager with the names of ___ preceptors and ___ alternates who will work with senior nursing students during Fall 2022 semester. 9.1.3 Preceptors should meet the following qualifications: 9.1.3.1 Preceptor characteristics/criteria: 9.1.3.1.1 Clinical expertise (>1 year experience) 9.1.3.1.2 Completion of Employer preceptor training 9.1.3.1.3 Passion for teaching 9.1.3.2 The preceptors will agree to: 9.1.3.2.1 Participate in online training sessions (about 4 hours) 9.1.3.2.2 Complete data collection - pre-survey, post-surveys, daily logs 9.1.3.2.3 Complete nursing student evaluation mid and final 9.1.4 Provide safe and healthy working conditions: Page 3 of 8 [Contractor name] 9.1.4.1 A drug-free workplace; 9.1.4.2 A worksite free from any health and safety violations; and 9.1.4.3 A worksite free from discrimination in training or hiring practices; 9.2 The County Shall: 9.2.1 Provide timely payment for services rendered and those required by agreements to include: 9.2.1.1 Employer compensation to offset preceptor’s reduced patient load not to exceed: 9.2.1.1.1 $2,700 per BSN nursing student 9.2.1.1.2 $1,440 per ADN nursing student 9.2.1.2 Employer compensation to pay their preceptors as follows for BSN students: 9.2.1.2.1 $1,000 for completing the preceptor training course 9.2.1.2.2 $1,200 for spending more than 9 shifts with BSN student or $600 for spending less than 9 shifts with BSN student or not completing final survey 9.2.1.3 Employer compensation to pay their preceptors as follows for ADN students: 9.2.1.3.1 $1,000 for completing the preceptor training course 9.2.1.3.2 $500 for spending more than 4 shifts with ADN student or $250 for spending less than 3 shifts with ADN student or not completing final survey 10.0 CONFIDENTIAL INFORMATION The use or disclosure by any Party of any information concerning a participant is strictly limited to the conduct of this Agreement. The Employer and its agents shall safeguard the confidentiality of all information, just as they would safeguard their own confidential information. 11.0 NON-DISCRIMINATION In accordance with Section 188 of WIOA, 29 C.F.R. Part 38, State Executive Order No. 2009-09, and all other federal and state laws, rule, and regulations, the Employer acknowledges that it is against the law to discriminate on the basis of race, color, religion, sex (including pregnancy, child birth or related medical condition, sex stereotyping, transgender status (gender expression and gender identity)), national origin (including Limited English Proficiency (LEP)), age, disability, political affiliation or belief, citizenship/status as a lawfully admitted immigrant authorized to work in the United States, and participation in any WIOA Title I financially assisted program or activity. 12.0 COMPLIANCE WITH APPLICABLE LAWS 12.1 The Employer and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors shall comply with all applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of federal, state, and local governments whether or not specifically referenced in this Agreement. Specifically, the following apply: 12.1.1 Unless exempt under Federal law, the Employer shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5, as updated in State Page 4 of 8 [Contractor name] Executive Order No. 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities. Employer shall comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment of qualified persons because of physical or mental disability. The Employer shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 12.1.2 The Employer shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits of, or participation in, contract services on the basis of race, color, or national origin. The Employer shall comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability, in delivering contract services; and with Title II of the Americans with Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the basis of physical or mental disabilities in the provision of contract programs, services, and activities. 12.1.3 The Employer shall not discriminate upon the basis of race, color, creed, religion, ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age, marital status or status with regard to the benefits of, or participation in, or use of the programs, services, and activities. 13.0 RELATIONSHIPS The Employer does not become the agent of the County for any purposes under to this Agreement and will make no representation of any such agency. The Employer understands that this does not make the participant an employee or agent of the County or the Employer. 14.0 EMPLOYMENT DISCLAIMER This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other formal business association or organization of any kind, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. 15.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION 15.1 The Employer certifies to the best of its knowledge and belief, that it and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors: 15.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 15.1.2 Have not within a three-year period been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Page 5 of 8 [Contractor name] 15.1.3 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the paragraphs above; and 15.1.4 Have not within a three-year period had one or more public transactions (federal, state, or local) terminated for cause or default. 16.0 NOTICES Any notices or other communications required under this Agreement shall be in writing and shall be duly given to the party at the address set forth below: MARICOPA COUNTY [Point of contact name and title] [Street number and street]. [City, state, zip code] [Phone number] [Email] [Contractor name] [Point of contact name and title] [Street number and street]. [City, state, zip code] [Phone number] [Email] 18.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Employer engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the Employer certifies it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of goods and services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 19.0 GENERAL INDEMNIFICATION 18.1 The Employer (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the County (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (“Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 18.2 Additionally, the Employer shall indemnify, defend, and hold harmless the County and its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, and agents from and against all Claims either arising from or related to breach of this Agreement by the Employer and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 20.0 CHOICE OF LAW; VENUE Page 6 of 8 [Contractor name] This Agreement shall be construed in accordance with and governed by the laws of the State of Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa County, Arizona. 21.0 ASSIGNABILITY AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or part, without the prior written approval of the County. The Employer shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County approves the assignment, delegation, or subcontract or agrees otherwise. 22.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY The terms of this Agreement are intended only to define the respective rights and obligations of the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any standard of care different from the standard of care imposed by law. 23.0 FORCE MAJEURE 23.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include, but not limited to pandemics, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service. 23.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each Party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 23.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 24.0 ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either Party to this Agreement. Additionally, there are no representations or other provisions besides those contained in this Agreement or in any written amendments approved and signed by both Parties. 25.0 SEVERABILITY Page 7 of 8 [Contractor name] The Parties agree that should any part of this Agreement be held invalid or void, the remainder of this Agreement shall remain in full force and effect and shall be binding on the Parties. 26.0 SURVIVAL The indemnification, hold harmless, and defense provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. 27.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. 28.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. [Signatures contained in the following page] Page 8 of 8 [Contractor name] IN WITNESS, the Parties have approved and signed this Agreement: FOR [EMPLOYER] ____________________________________ [Signer name] Date [Title] FOR MARICOPA COUNTY: _______________________________________ Bill Gates, Chairman Date Board of Supervisors Attested to: _______________________________________ Juanita Garza, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: By: _________________________________________ Deputy County Attorney Date