HomeMy WebLinkAboutAgreement A-21-009 with Cal State University San Marcos.pdf Agreement No. 21-009
CSUSM Agreement#:205965
California State University
SAN MARCOS
CLINICAL EDUCATION AFFILIATION AGREEMENT
This Agreement("Agreement") is between the County of Fresno("Learning Site")and the Trustees of the
California State University on behalf of California State University San Marcos("University"). Learning Site and
University are collectively referred to herein as the"Parties"or individually as a"Party." This Agreement shall be
effective as of the date of the last Party's signature.
Recitals
A. The purpose of this Agreement is to provide clinical experiences and observational opportunities at
Learning Site to students enrolled in a healthcare Program of the University.
B. Consideration for this Agreement between Learning Site and University shall consist of the mutual
promises contained herein. It is to the mutual benefit of the Parties to this Agreement that the students
participating in the Program receive the clinical experience contemplated herein.
The Parties agree as follows:
i.o General Information
1.1 The term for each student's clinical experience(e.g.academic year,semester,quarter, etc.)shall be
agreed upon by both Learning Site and University prior to each student's participation at the Learning Site.
1.2 The maximum number of students to receive training during any specified term(e.g. academic
year,semester,quarter, etc.)shall be mutually agreed upon by Learning Site and University at least thirty(30)
days prior to beginning of any such term and shall be based on Learning Site's good faith representations
regarding the availability of space,supervision and other considerations.
z.o Responsibilities of University
2.1 Student Profiles. University shall supply Learning Site with a student profile,which shall include the
student's name, address and telephone number prior to the beginning date of each student's participation at the
Learning Site. Learning Site shall regard this information as confidential and shall use this information only as a
source of identification for student.
2.2 Program Coordinator. University shall designate a faculty member to coordinate with a designee of
Learning Site in the planning, implementing and coordination of the Program.
2.4 Records. University shall maintain all personnel and academic records of the students participating
in the Program. University shall provide Learning Site with evidence that all students have received any and all
required immunizations, possess a current,valid certification to perform cardiopulmonary resuscitation, and have
health and accident insurance covering each student in California for the term of his or her clinical experience.
University shall also provide results of the student's recent PPD(taken within one year prior to assignment to
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Learning Site)or chest x-ray(taken within six months prior to assignment to Learning Site)as permitted by law. In
addition, University shall require and students shall submit to a background check and drug screen(if required by
the Learning Site). University shall provide evidence that students have satisfactorily completed said background
check and drug screens prior to clinical rotation at Learning Site.
2.5 The University will advise student(s)that neither the University nor the Learning Site assumes any
financial responsibility in the event the student is injured or becomes ill as a result of the student's participation in a
learning activity at the Learning Site, except to the extent the injury or illness is caused by the negligence or willful
misconduct of the University or Learning Site.
2.6 Student Responsibilities. University shall notify the students that they are responsible for:
i) Following the clinical and administrative policies, procedures, rules and regulations of
Learning Site;
2) Arranging their own transportation;
3) Assuming responsibility for their personal illness, necessary immunizations,tuberculin test,
and annual health examination. The responsibility shall include showing proof of health insurance prior to
commencement of rotation at Learning Site;
4) Maintaining confidentiality of patient information. Students are required to follow all
confidentiality requirements, rules and procedures of the Learning Site. Neither University nor its employees or
agents shall be granted access to individually identifiable patient information unless the patient has first given
consent using a form and procedure approved by Learning Site that complies with applicable state and federal law,
including the Health Insurance Portability and Accountability Act(HIPAA)and regulations thereunder. Learning
Site shall reasonably assist University in obtaining such consent in appropriate circumstances. In the absence of
such consent,students shall use de-identified information only in any discussions with University, its employees or
agents. In no event shall University or any participating student independently solicit patient consent without first
seeking permission and guidance from Learning Site. As trainees, students shall be considered members of
Learning Site's"workforce"as that term is defined by the HIPAA regulations at 45 C.F.R.S i6o.103, and shall be
subject to Learning Site's policies respecting confidentiality of medical information. In order to ensure that
students comply with such policies, Learning Site shall provide students with substantially the same training that it
provides to its regular employees.
5) Following dress code of the Learning Site and wearing name badges identifying themselves
as students of University;
6) Attending an orientation to Learning Site.
7) Immediate notification to the University of any violation of state or federal laws by
themselves,or any other University student.
3.o Responsibilities of Learning Site
3.2 Clinical Experience. Learning Site shall accept from University the mutually agreed upon number of
students enrolled in the aforementioned Program and shall provide said students with supervised clinical experience.
3.2 Learning Site Designee. Learning Site shall designate a member of Learning Site's staff to participate
with the designee of University in planning, implementing and coordinating the training Program.
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3.3 Access to Facilities. Learning Site shall permit students enrolled in the Program supervised access to
Learning Site as appropriate and necessary for their Program, provided that the presence of the students shall not
interfere with the activities of Learning Site as determined by Learning Site in its sole discretion.
3.4 Records and Evaluations. For Speech-Language Pathology Students: Evaluations are required and
completed by the Learning Site using CALIPSO a web-based system for evaluating student clinical performance.
The clinic director will provide the personalized link to the supervisor.An example of the form in hardcopy version is
attached in Exhibit E.
3.5 Withdrawal of Students. Learning Site may request University to withdraw from the clinical rotation
any student who Learning Site determines is not performing satisfactorily, refuses to follow Learning Site's
administrative policies, procedures, rules and regulations or violates any federal or state laws. Such requests must be in
writing and must include a statement as to the reason or reasons why Learning Site desires to have the student
withdrawn. University shall respond to said request within five(5)days of receipt of same.
3.6 Emergency Health Care/First Aid. Learning Site shall, on any day when student is receiving training at its
facilities, provide to students necessary emergency health care or first aid for accidents occurring at Learning Site.
Learning Site shall have no obligation to furnish non-emergency medical or surgical care to any student. Learning Site
shall notify the University as soon as is reasonably possible of any injury sustained, or complaint made by, a student
participating in a learning activity at the Learning Site.
3.7 Orientation and Supervision. The Learning Site shall provide all faculty and students a description of
their responsibilities and an orientation. Students will perform services for patients while being supervised by the on-
site supervisor(preceptor)for students in preceptorships, internships and externships.The preceptors complete an
evaluation form provided to them and return to the faculty. The faculty will use this evaluation form as input to the
student's evaluation and course grade. Speech-Language Pathology students will be trained and supervised by an
employee of the Learning Site.
3.8 Continuity of Care. At all times the Learning Site will provide staff that is adequate in quantity and
experience to ensure safe and continuous speech pathology services to their clients when students are present.
3.9 COVID-lq. Learning Site is aware of and informed about the hazards currently known to be
associated with the novel coronavirus referred to as"COVID-3.9". Learning Site is familiar with and informed about
the Centers for Disease Control and Prevention("CDC")current guidelines regarding C0VID-i9 as well as applicable
federal, state, and local governmental directives regarding COVID-i9. Learning Site,to the best of its knowledge
and belief, is in compliance with those current CDC guidelines and applicable governmental directives. If the
current CDC guidelines or applicable government directives are modified,changed or updated, Learning Site will
take steps to comply with the modified, changed or updated guidelines or directives.
If at any time Learning Site becomes aware that it is not in compliance with CDC guidelines or an
applicable governmental directive, it will notify University of that fact.
3.3.0 Confidential Student Information. University and Learning Site shall keep confidential at all times any
and all information and personal data received from the other relating to teaching strategy,students, employees
and tutors,and their performance and progress. Unless required by law, no personal data received from the other
Party will be divulged to any third party without the prior written approval of the individual to whom such personal
data relates. Disclosure of confidential information as required by court order, law or other governmental
regulation shall not constitute a breach of this Agreement. University and Learning Site are legally mandated to
provide records in response to a request for records under the California Public Records Act(Cal. Gov. Code section
6250, et seq.), and/or the Richard McKee Transparency Act of 2012(Cal. Edu. Code section 72690,et seq.), unless
such information falls under an exemption provided for under California law. The disclosure of information
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pursuant to University's obligations under the Public Records Act and/or McKee Act shall not constitute a violation
of this Agreement.The University is, and Learning Site may be,subject to various privacy,freedom of information
and public records laws, and the University and Learning Site agree that they will co-operate and provide all
necessary assistance in order to comply with these legal obligations. Learning Site shall familiarize itself with
student privacy laws(FERPA)and adhere to it accordingly.
4.0 Affirmative Action and Non-Discrimination
The Parties agree that all students receiving clinical training pursuant to this Agreement shall be selected
without discrimination on account of race, color, religion, national origin, ancestry, disability, marital status, gender,
sexual orientation, age,or veteran status. Further,the Parties agree to comply with all applicable federal,state and
local laws and regulations, including but not limited to laws that prohibit discrimination, harassment,sexual
misconduct, and retaliation.The Learning Site also agrees to comply with University policies governing
discrimination, harassment,sexual misconduct, and retaliation,which are set forth in CSU Executive Orders 1o95-
1097. Any violation of applicable law or CSU policy is grounds for the immediate termination of the Agreement.
5.0 Status of University and Learning Site
It is expressly agreed and understood by University and Learning Site that students under this Program are in
attendance for educational purposes, and such students are not considered employees of Learning Site or University for
any purpose, including but not limited to,compensation of services,employee welfare and pension benefits, or workers'
compensation insurance.
6.o Insurance
6.1 Each Party agrees to maintain professional and commercial general liability coverage of at least
$1,000,000 per occurrence, $z,000,000 aggregate and to provide evidence of coverage upon request. Insurance
must be placed with insurers with a current A.M. Best rating of at least A:VII.
6.2 University will provide the student(s)with general and professional liability insurance in the
amount of$1,000,000 per occurrence, $3,000,000 general aggregate.This insurance only applies if both Parties
have signed this Agreement.
7.0 Indemnification
Learning Site shall defend, indemnify and hold harmless the University and each of their trustees, officers,
employees, agents and volunteers from and against any and all liability, loss,expense, or claims for injury or
damages arising out of, resulting from, or in connection with the performance of this Agreement, but only in
proportion to and to the extent such liability, loss,expense, or claims for injury or damages are caused by or result
from the negligence or intentional acts or omissions of the Learning Site, its officers, subcontractors, assignees,
appointees, agents,or employees.
University shall defend, indemnify and hold harmless Learning Site and its trustees,officers, employees,
subcontractors, appointees, agents and volunteers from and against any and all liability, loss, expense,or claims for
injury or damages arising out of, resulting from,or in connection with the performance of this Agreement, but only
in proportion to and to the extent such liability, loss,expense, or claims for injury or damages are caused by or result
from the negligence or intentional acts or omissions of the University, its officers, agents,or employees.
This Section will survive expiration or termination of this Agreement.
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8.o Term and Termination
8.i Term. This Agreement shall be effective as of the Effective Date,and shall remain in effect for three
(3)years with two optional renewals that will be done via written amendment unless terminated earlier. The term
end shall not take effect, however,with regard to students already enrolled until such time as those students have
completed their training. The term will be extended through the end of that semester.
8.2 Termination. The Agreement may be terminated for any reason by either Party upon providing the
other Party 3o days written notice of the intent to terminate. If the Learning Site terminates this Agreement, it will
permit any student working at the Learning Site at the time of termination to complete their work for the duration
of the current semester/assignment. At the five(5)year termination date the Agreement can be renewed upon the
mutual written consent of both Parties.
9.o General Provisions
9.1 Amendments, This Agreement may be amended at any time by mutual agreement of the Parties
without additional consideration, provided that before any amendment shall become effective, it shall be reduced
to writing and signed by the Parties.
9.2 Assignment. Neither Party shall voluntarily or by operation of law, assignor otherwise transfer this
Agreement without the other Party's prior written consent. Any purported assignments in violation of this
Section shall be voided.
9.3 Captions. Any captions to or headings of the articles, sections, subsections, paragraphs, or
subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement,
and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereto.
9.4 Entire Agreement. This Agreement, including all Attachments, is the entire Agreement between the
Parties and no other agreements, oral or written, have been entered into with respect to the subject matter of this
Agreement.
9.5 Force Majeure. Neither Party shall be liable nor deemed to be in default for any delay or failure in
performance under this Agreement or other interruption of service or employment deemed resulting, directly or
indirectly,from acts of God, civil or military authority,acts of public enemy,war, accidents,fires,explosions,
earthquakes,floods,failure of transportation, machinery or supplies,vandalism, strikes or other work
interruptions beyond the reasonable control of either Party. However, both Parties shall make good faith efforts
to perform under this Agreement in the event of any such circumstances.
9.6 Governing Law. The validity, interpretation, and performance of this Agreement shall be governed by
and construed in accordance with the laws of the State of California.
9.7 Notices. Any notices required by this Agreement will be deemed to have been duly given if
communicated in writing to the following individuals.
TO UNIVERSITY:
Maria Froehle
Contract Analyst
California State University San Marcos
333 S.Twin Oaks Valley Road
San Marcos, CA 92o96-0003.
mfroehle(a)csusm.edu
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76o.750.4468
TO LEARNING SITE:
Cheri Yau
Business Manager
Fresno County Public Defenders Office
2135 Fresno St.Ste too
Fresno CA 93721
cyau@fresnocountyca.gov
559.600.1543
9.8 Remedies. The various rights,options,elections,powers and remedies of the respective Parties
hereto contained in,granted,or reserved by this Agreement,are in addition to any others that said Parties may
be entitled to by law,shall be construed as cumulative,and no one of them is exclusive of any of the others,or of
any right or priority allowed by law.
9.9 Severability. The provisions of this Agreement shall be deemed severable and if any portion shall be
held invalid,illegal or unenforceable for any reason,the remainder of the Agreement shall be effective and
binding upon the Parties.
9.3.o Waiver of Provisions. Any waiver of any terms and conditions hereof must be in writing and signed
by the Parties hereto. A waiver of any term or condition hereof shall not be construed as a future waiver of the
same or any other term or condition hereof.
9.1i Use of Name. Nothing contained in this Agreement confers on either Party the right to use the other
Party's name without prior written permission or constitutes an endorsement of any commercial product or
service by the University.
io.o Execution
By their signatures below,each of the following represent that they have authority to execute this Agreement
and to bind the Party on whose behalf their execution is made.
Date: 12�aya I
Name Steve Brandau
Title Chairman of the Board of Supervisors ATTEST:
Organization County of Fresno BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Count f Fresno, State of California
By —
Deputy
l7if�Date: f
MA Fr ehle
Contract Analyst
Procurement Operations
California State University San Marcos
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