AFFILIATION AGREEMENT BETWEEN EVIT AND MARICOPA COUNTY CHS.PDF

East Valley Institute of Technology

This Agreement is between East Valley Institute of Technology (“EVIT”), 1601 West Main
Street, Mesa, Arizona 85201 and Maricopa County concerning the Facility below (the
“Facility”).

Facility: Maricopa County Correctional Health Services

Address: Lower Buckeye Jail, Administrative Office Suite 2800

3250 W. Lower Buckeye Rd., Phoenix, AZ 85009

This Agreement becomes effective when signed by both parties.

A.

B.

The parties agree:

I, EVIT desires to provide internships for students enrolled in the Adult Practical
Nursing program.

II. The Adult Practical Nursing program, under the supervision of the EVIT Clinical

Instructor and the CHS Education Department or designee, will assist staff with basic

nursing care needs following the Practical Nursing Scope of Practices.

Il. Facility has the facilities and personnel to provide internships with hands on training
and experience.

IV. This agreement, its validity, performance, and all other questions, arising hereunder

shall be governed and determined by the respective Governing Boards and the laws of
the state that EVIT, the educational institution, and the Facility in which the clinical is

being conducted are located,

Vv. — Each party shall pay all of its own costs associated with its participation in the clinical

experience programs. No monetary compensation shall be exchanged under this
agreement and there shall be no charge for use of the Facility or participation by
personnel pursuant to this agreement.

VI. The relationship created between EVIT and the Facility is not a joint venture but is an
independent contract relationship and that neither shall be the agent of the other. The

parties shall promote quality education and patient care and seek to render the best

service possible to the public. Shared performance between Facility professional staff

and students shall be encouraged as available during the clinical experience.

Publication of any materials, resulting from participation of any of the students under

this Agreement, shall require written consent or approval from both parties to this
Agreement,

VII. The parties will comply with all applicable federal or state statutes or regulations

pertaining to the confidentiality of student, employee and volunteer records and other
ptivate information. No party shall use or disclose any information about any student
intern for any purpose other than the performance of this Agreement without the prior

consent of the student intern or his/her representative.
VII. This Agreement will be interpreted and governed by the law of the state of Arizona.

EVIT’s rights and responsibilities:

I, EVIT has the right to select learning experiences for student interns with input from
Facility.

IX. EVIT has the right to assign and transfer a student intern from one department to
another to provide the student intern a better or more meaningful experience

X.  EVIT will not assign more than ten students per instructor to the Facility,

XI. EVIT will comply with, and require that all student interns comply with, any Facility
rules, regulations, and policies implementing Health Insurance Portability and
Accountability Act of 1996, Pub.L.No-191 (“HIPPA”) requirements whether now or
hereafter existing.

XII. EVIT will ensure all participants shall meet all applicable health standards as
established by any applicable governmental authority and implemented by the
Facility for each clinical area. The Facility shall have the right to terminate the
Clinical experience of any participants when the health status of those participants is
detrimental to the health and/or safety of the Facility patients or staff as determined
by the Facility.

Health standards include without limitation: 1) proof of immunity or immunization to
varicella; 2) proof of immunity or immunization to measles, mumps and rubella; 3)
annual TB screen; 4) if the nature of the Clinical gives the participants potential
exposure to blood and/or bodily fluids, then Hepatitis B vaccination series, or
signature by individual on a waiver declining the series is required; 5) Tetanus-
Diphtheria within ten (10) years; 6) negative drug screen results.

XIII. The welfare, control, discipline, and activities of all student interns shall be the sole
responsibility of EVIT, To that end, EVIT shall make and enforce uniform and
adequate provisions in accordance with its policies, Provisions for transportation shall
be the responsibility of the student interns in conformity with EVIT policies, EVIT
will be responsible for tuition where applicable.

XIV. EVIT shall be responsible for advising the student interns of their obligations under
this Agreement, which shall include but not be limited to:

a. Complying with the administrative policies, standards, practices, parking rules and
all other regulations in effect at the Facility that student interns receive notification
of during orientation;

b. | Wearing clean and appropriate clothing (no jeans, shorts, sleeveless shirts, false
nails, or facial jewelry), and shoes that are enclosed;

c. Reporting to the Facility on time;

d. Conforming to the standards and practices established by EVIT while training at
the Facility, to the extent that those standards and practices do not conflict with
those of Facility;

e. Carrying photo ID with them at all times and presenting it to Facility personnel
upon request.

XV. EVIT shall indemnify and save harmless Facility against any and all loss or expense,
including attorney's fees and court costs, incurred by reason of claims made against
the Facility arising out of or in consequence of the performance of the terms of this
agreement, providing such claims arise solely out of the conduct on the part of EVIT,
its employees, students, or agents.

Cc.

XVI,

Under A.R.S.§ 38-511, either party, may within three years of execution of the
Agreement, cancel the Agreement without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating the
Agreement on that party’s behalf, at any time while the Agreement or any extension
of the Agreement is in effect, is the other party’s employee or agent in any capacity or
consultant with respect to this Agreement, Cancellation under this statute is effective
when written notice is provided to the other party.

Facility’s rights and responsibilities:

XVII.

Facility will provide clinical observations/training opportunities for student assigned
by EVIT.

Facility will coordinate with EVIT instructors to arrange the internship schedules.
EVIT will have first right of refusal with respect to available dates and times for
internships.

XVIII, Facility shall be responsible for developing and maintaining services to all of its

XIX,

XX,

patients including those patients involved in any Clinical, and the Facility will at all
times provide an adequate, competent staff to be responsible for these services and
they will not be performed by students except as they relate to the Clinical
experience.

To the fullest extent permitted by law, Facility shall indemnify and save harmless
EVIT against any and all loss or expense, including attorney's fees and court costs,
incurred by reason of claims made against EVIT because of bodily injury, death or
property damage arising out of or in consequence of the performance of the terms of
this agreement, providing such claims arise solely out of the negligence or other
conduct on the part of the Facility, its employees or agents.

Facility, if not self-insured, shall procure and maintain, during the terms of this
Agreement, a commercial general liability policy with limits of at least $2,000,000
in the aggregate.

Contract Maintenance

XXI,

XXII,

Each party shall be responsible for maintaining its accreditation, licensing and
credentials, and those of its respective personnel and student and to provide evidence
of such to the other party upon written request. Each party shall be responsible for
notifying the other of any loss or reduction in its accreditation, licensing or
credentials.

The term of the Agreement is one year and shall renew automatically annually, unless
a party objects to such renewal in writing at least sixty (60) days before the end of the
initial term, Either party may terminate this Agreement, with or without cause, by
giving the other party at least sixty (60) days written notice of termination prior to the
commencement of the next succeeding semester of school term.

If Facility is not self-insured, a certificate of insurance shall be furnished to EVIT
upon request, which states that the above coverage is in force, and will continue in
force throughout the term of the agreement.

EAST VALLEY INSTITUTE OF FACILITY

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

dates written below.

EAST VALLEY INSTITUTE OF TECHNOLOGY

Name Dr.Chad Wilson

Title: Superintendent

Date: _| Vi 4/21

MARICOPA COUNTY

By:

Name:

Title: Chairman, Board of Supervisors

Date:

ATTESTED TO:

By:

Name:

Title: Clerk of the Board

Date:

APPROVED AS TO FORM:

Name: Wayne J. Peck

Title: Deputy County Attorney
Date: _November 16, 2021