HomeMy WebLinkAbout2024-080-E-Health Dept-Affiliation Agreement between Southern New Hampshire University and Orange County Health Department-Provide academic and professional education for students1
AFFILIATION AGREEMENT BETWEEN
SOUTHERN NEW HAMPSHIRE UNIVERSITY AND
ORANGE COUNTY HEALTH DEPARTMENT
This Affiliation Agreement (the “Agreement”) is entered into and made effective February 2, 2024,
(the “Effective Date”), by and between Southern New Hampshire University, [Department of Health
Professions], with its primary place of business at 2500 N. River Road, Manchester, NH 03106 (the
“College”), and Orange County, a political subdivision of the State of North Carolina, on behalf of its
Orange County Health Department, with its primary place of business at 300 West Tryon Street,
Hillsborough, NC 27278 (the “Field Site”) (individually a “Party” and collectively the “Parties”).
RECITALS
A. College offers a Master of Public Health program (“Program”) to provide academic and
professional education for students (“Students”) and desires access to facilities in which its Students
can obtain broader learning experiences related to the Program.
B. The Field Site maintains facilities which can be used to furnish field learning experiences related
to the Program to Students and desires to have said facilities so used.
C. It is in the mutual interest and benefit of the Parties that Students obtain experiences in the Program
at the Field Site’s facilities to further their academic and professional education in accordance with
this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth below, the
Parties agree as follows:
1. RESPONSIBILITIES OF COLLEGE. College agrees that it shall:
1.1 Objectives. Retain responsibility for the general administration of the Program, the
announcement of the Program, and the collection of fees and assignment of credit related to the
Program in accordance with the established policies of the College. The College shall also
establish the educational goals and objectives of the Program in a manner consistent with the
standards and requirements set forth by College and College’s accreditation organization
(“CAO”).
1.2 Schedule. The days and hours of the Program experience are to be planned in consultation
between the College the Field Site.
1.3 Student Selection. College will assign to Field Site only those students who have satisfactorily
completed the prerequisite didactic portion of the College's curriculum. College shall be
responsible for the selection, testing, placement, and final grading of each Student placed with
the Field Site. Students assigned for participation in the Program at the Field Site shall be in
such numbers as may be mutually agreed upon by the College and the Field Site.
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1.4 Program Staff. Designate a member or members of College’s faculty to provide coordination
of the Program, oversight of the Program, direction of Students’ educational activities and
assignments while at the Field Site’s facilities, and advisement of Students (“Program Staff”).
A designated Program Staff member or members shall also serve as liaison to the Field Site.
1.5 Supervision. Collaboratively arrange for supervision of Students on an individual basis with
the Field Site.
1.6 Performance Evaluation. Develop and implement a mechanism for evaluating the
performance of Students to include, where appropriate, input from Field Site.
1.7 Documentation Requirements.
1.7.1 Notify assigned Students that they are required to comply with the Field Site’s policies,
procedures, guidelines, and standards of conduct; state and federal laws and regulations;
and appropriate ethical standards. This includes obtaining all immunizations required of
Field Site as stated in Exhibit A: Immunization Requirements for New
Employees/Interns/Students.
1.7.2 Upon request, submit to the Field Site an attestation regarding Students enrolled in
Program at the Field Site confirming that Students have met College and Field Site
requirements
2 RESPONSIBILITIES OF FIELD SITE. The Field Site agrees that it shall:
2.1 Adequate Staffing. Maintain adequate staff and facilities at Field Site locations covered by
this Agreement to meet the educational goals and objectives of the Program.
2.2 Supervision. Collaboratively arrange for supervision of Students on an individual basis, as
specified in Section 1.5. Ensure that all persons who are assigned to supervise Students at Field
Site facilities are duly appointed as Field Site employees and are appropriately credentialed
and/or licensed.
2.3 Educational Responsibility. Cooperate with College to ensure that Students assume
progressively increasing and appropriate responsibility in accordance with their levels of
education, ability, and experience. Ensure that Field Site provides Students with access to
agreed-upon opportunities under the Program.
2.4 Field Site Director. Designate an employee of the Field Site to coordinate Students’ schedules
and activities while at Field Site’s locations (“Field Site Director”). The Field Site Director shall
also act as liaison to College and notify College of any concerns with Student’s performance.
Upon execution of this Agreement, the name of the Field Site Director shall be provided to
College’s Program Staff.
2.5 Schedules. Implement schedules for Students in conjunction with College’s Program Staff.
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2.6 Evaluation. Submit written evaluations to the College of each Student’s performance at the
end of the term on a form provided by the College.
2.7 Field Site Requirements. Provide adequate orientation for College faculty and Students which
includes information about the Field Site’s general rules and regulations, minimum safety and
security precautions, including fire safety and disaster protocols, hazardous material
management and infection control, occupational safety, universal precautions, airborne and
protective isolation, patient privacy and security, and how to access the Field Site’s policies and
procedures.
2.8 Licensure, Patient Care and Inspections The Field Site shall:
2.8.1 Maintain its license as a medical facility and comply with all applicable laws,
regulations, and accreditation requirements, including but not limited to those involving
workplace safety.
2.8.2 Retain full authority and responsibility for patient care and quality standards and
maintain a level of care that meets generally accepted standards conducive to
satisfactory instruction.
2.8.3 Notify College within ten (10) business days of receipt of notice that the Field Site is
not in compliance with any such laws, regulations, and/or accreditation requirements.
2.9 Emergency Healthcare. In the event a Student needs emergency medical care or treatment
while the Student is on the premises at the Field Site, or as a result of an injury that occurred
on-site while the Student was participating in the Program, such emergency care and treatment
shall be provided as is available through the Field Site until the Student can be transferred to
the care of a personal physician. The Student shall be responsible for the cost and charges of all
such related care and treatment.
2.10 Discipline. Subject to federal, state, or local law, Field Site will cooperate with and assist
College in investigating facts which may serve as a basis for taking any disciplinary or academic
action against a Student, College faculty member, and/or College employee involved with the
Program. College shall be responsible for the discipline of Students, College faculty members,
and/or College employees in accordance with College’s applicable policies and procedures.
College may, but need not, consult with Field Site concerning any proposed disciplinary action.
Notwithstanding the foregoing, the Field Site shall have the absolute right, in its sole discretion
and after consultation with College, to prohibit further attendance at Field Site of any Student.
The Field Site shall contact College as soon as practicable regarding any such decisions, and
Field Site and College shall use their best efforts to reach a mutually-agreeable solution.
Notwithstanding the foregoing, in the event of any emergency or if any Student represents a
threat to patient safety or personnel, the Field Site may immediately exclude those individuals
from the Field Site until final resolution of the matter with College.
3 COMPENSATION. Neither Party to this Agreement shall be obligated to provide any
monetary compensation to the other under this Agreement. Neither the Field Site nor the
College shall be obligated to provide any monetary compensation to any Student due to the
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Student’s participation in Program under this Agreement. All Students shall be responsible for
their own transportation and expenses while participating in the Program at the Field Site.
4 INDEPENDENT CONTRACTOR. Nothing in this Agreement is intended to create nor shall
it be deemed or construed to create any relationship between College or Students and the Field
Site other than that of independent entities contracting with each other hereunder solely for the
purpose of affecting the provisions of this Agreement. Neither College nor Field Site nor any
of their respective officers, directors, Students, or employees shall be construed to be the agent,
employee, or representative of the other.
5 STATUS OF STUDENTS. It is expressly agreed and understood by College and the Field
Site that Students are present at the Field Site’s facilities to participate in activities and
assignments that are of educational value to Students and that are appropriate to the course and
scope of the Program. The Field Site shall not utilize Students in lieu of professional and/or
non-professional staff. Students will not be expected to provide services to the Field Site apart
from those rendered for their educational value and as part of the planned Program.
6 USE OF NAME. Both Parties reserve the right to control the use of its name or other
identifying characteristics in every respect. The Parties agree not to use the other Party’s name
or any other identifying characteristics without the prior express written permission of the other
Party.
7 PROHIBITION OF DISCRIMINATION. College and Field Site agree not to engage in
unlawful discrimination against or harassment of any Student, employee, faculty member, or
representative of either Party involved in the Program pursuant to this Agreement on the basis
of race, color, national origin, religion, sex, gender identity, pregnancy, disability, or military
status. Provider shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal non-
discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination
Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference
and may be viewed at
http://www.orangecuntync.gov/departments/purchasing_division/contracts.php.). Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and
County may immediately terminate this Agreement without further obligation on the part of the
County.
8 TERM. This Agreement shall become effective on the Effective Date and shall continue in
effect thereafter for 5 (five) years, subject to earlier termination pursuant to and in accordance
with the provisions of Section 9 herein. This Agreement shall be subject to renewal upon mutual
agreement of the Parties.
9 TERMINATION.
9.1 Termination. This Agreement may be terminated without cause at any time by either Party by
providing 30 (thirty) days’ advance written notice of termination. Notwithstanding such
termination, either Party may at its option terminate this Agreement (i) upon thirty (30) days’
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prior written notice if the other party has materially breached any of the terms hereof and has
failed to cure such breach within such thirty-day period. Students shall be permitted to complete
any previously-scheduled Program at the Field Site.
9.2 Termination of An Individual Student. Pursuant to Section 2.11, the Field Site shall have
the absolute right, in its sole discretion, to prohibit further attendance at the Field Site of any
Student. The Field Site shall contact College as soon as practicable regarding any such decisions
and the Field Site and College shall use their best efforts to reach a mutually-agreeable solution.
Notwithstanding the foregoing, in the event of any emergency or if any Student represents a
threat to patient safety or personnel, the Field Site may immediately exclude those individuals
from the Field Site.
9.3 INSURANCE. Each Party, at its sole cost and expense, shall obtain, keep in force, and
maintain during the term of this Agreement such professional liability and general liability
insurance coverage to cover the acts or omissions of the Party and its employees in the course
of the Program pursuant to this Agreement, but in no event shall such coverage at any time be
less than one million dollars ($1,000,000.00) per covered person or event or three million
dollars ($3,000,000.00) in the aggregate. In the event that this insurance is in the form of claims
made, the Party shall obtain a full extended reporting endorsement (“Tail”) to cover any event
that may have occurred during a term of the Agreement. The Party shall notify the other Party
immediately upon receiving notice of the cancellation, expiration or non-renewal of any
insurance required hereunder. Each Party shall provide the other Party with a certificate or
certificates of insurance or other satisfactory documentation, evidencing that the insurance
coverage specified herein is in full force and effect throughout the term of this Agreement.
It should be expressly understood, however, that the insurance coverage required under this
Section 9.3 shall not in any way limit the liability of either Party.
10 INDEMNIFICATION.
10.1 Mutual Indemnification. To the extent authorized by North Carolina law the Provider agrees
, each Party (the “Indemnifying Party”) shall indemnify, hold harmless, and defend the other
Party, its officers, trustees, employees, agents, and Students (in the case of College) (each an
“Indemnified Party”) from and against any and all liabilities, losses, damages, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and/or expenses
of whatever kind, including reasonable attorneys’ fees, that are incurred by the Indemnified
Party (collectively “Indemnified Party Losses”) arising out of or resulting from claims, lawsuits,
or liability brought or imposed against the Indemnified Party by any third party to the extent
that Indemnified Party Losses result from (i) any negligent act or omission of the Indemnifying
Party, its officers, employees, agents, or Students (in the case of College) (including any
reckless or willful misconduct) in connection with the performance of its obligations under this
Agreement; or (ii) any bodily injury, death of any person, or damage to real or tangible personal
property caused by the negligent acts or omissions of the Indemnifying Party, its officers,
employees, or agents (including any reckless or willful misconduct) in connection with the
performance of its obligations under this Agreement; or (iii) any failure by the Indemnifying
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Party to comply with any applicable federal, state, or local laws, regulations, or codes in the
performance of its obligations under this Agreement.
10.2 Control of Defense. Notwithstanding anything to the contrary in this Section 11, the
Indemnified Party may defend an indemnified claim with counsel of its own choosing and
without the Indemnifying Party’s participation if the Indemnifying Party fails to assume the
defense or refuses to defend the indemnified claim.
11 COOPERATION IN DISPOSITION OF CLAIMS. Field Site and College agree to
promptly notify and cooperate with each other in the timely investigation and disposition of
audits, peer review matters, disciplinary actions, and third-party liability claims arising out of
the operation of the Program.
In the event that a Party is involved in a claim or investigation as may be reasonably related to
this Agreement, that Party, to the extent allowed by law, shall have reasonable and timely access
to the medical records, charts, quality assurance data, and/or such other records and data of the
other Party.
12 PATIENT RECORDS; DISCLOSURE OF PROTECTED HEALTH INFORMATION.
12.1 Confidentiality; HIPAA. College shall notify Students that they are expected to comply with
the applicable provisions of the Health Insurance Portability and Accountability Act of 1996
(“HIPAA”), as amended or modified by the American Recovery and Reinvestment Act of 2009
(“ARRA”), and the requirements of any regulations promulgated thereunder, including, without
limitation, the federal privacy regulations as contained in 45 C.F.R. Part 164 and the federal
security standards as contained in 45 CFR 162. College shall notify Students that they shall not
use or further disclose any protected health information, as defined in 45 C.F.R. 164.504, or
individually identifiable health information, as defined in 42 U.S.C. §1320d (the “Protected
Health Information”), other than as permitted by this Agreement and the requirements of
HIPAA.
13 FERPA. Parties agree to protect the Student’s educational records in accordance with the
Family Educational Rights and Privacy Act 20 USC 1232g to the extent applicable to such
Party. To the extent permitted by law, the Parties may share information from participant’s
educational records with each other so that each can perform its respective responsibilities under
this Agreement but shall not disclose or share education records with any third party absent the
written consent of the Student.
14 PUBLICATION OF FIELD STUDIES OR RESEARCH. Special reports and publications
based upon studies and research related to the Program shall be cleared prior to release, first
through the Proper Educational Department and then by the administration of the Field Site.
Such published materials shall clearly indicate the cooperative nature of the Program and the
mutual objectives.
15 MISCELLANEOUS.
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15.1 Interruption. Either Party shall be excused from any delay or failure in performance hereunder
caused by reason of any occurrence or contingency beyond its reasonable control, including,
but not limited to, acts of God, acts of war, terrorism, fire, insurrection, labor disputes, riots,
earthquakes, or other acts of nature.
15.2 Prohibition Against Assignment. Neither Field Site nor College shall assign their rights,
duties, or obligations under this Agreement, either in whole or in part, without the prior written
consent of the other. Field Site may not assign Students to locations other than those described
in this Agreement, including attachments if applicable, without the prior written consent of
College.
15.3 Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable
under present or future laws effective during the term hereof, such provision shall be fully
severable and the remainder of this Agreement shall be enforced to the fullest extent permitted
by law.
15.4 No Third Party Beneficiaries. This Agreement is intended by the Parties to benefit them only
and is not intended or designed to or entered for the purpose of creating any benefit or right for
any person or entity of any kind, including Students who are not a Party to this Agreement.
15.5 Waiver. Waiver by either Party of any breach of any provision of this Agreement or warranty
of representation herein set forth shall not be construed as a waiver of any subsequent breach
of the same or any other provision. The failure to exercise any right hereunder shall not operate
as a waiver of such right. All rights and remedies provided for herein are cumulative.
15.6 Interpretation. Both Parties shall be treated as having drafted this Agreement and neither
Party shall be considered the drafter for purposes of any rules of construction or interpretation
of this Agreement.
15.7 Governing Law. This Agreement and the duties, responsibilities, obligations and rights of
respective parties hereunder shall be governed by the laws of the State of North Carolina. By
executing this Agreement Provider affirms that Provider and any subcontractors of Provider are
and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. By executing this Agreement Provider certifies that Provider has not been identified
and has not utilized the services of any agent or subcontractor identified, on the list created by
the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies
that Provider has not been identified, and has not utilized the services of any agent or
subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81.
15.8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns.
15.9 Headings. The section headings as used herein are for convenience of reference only and in
no way define, limit, or describe the scope of content of any provision herein.
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15.10 Survival of Provisions. All provisions of this Agreement that, by their express terms or by
their nature or context would ordinarily be deemed to survive beyond the expiration or
termination of this Contract shall survive such expiration or termination for any reason.
15.11 Notices. All notices, requests, demands, or other communications hereunder must be in writing
and must be given and shall be deemed to have been given upon receipt if delivered by a national
overnight courier service, on the date of delivery if delivered in person, or three (3) days after
mailing if sent by certified or registered mail with first-class postage prepaid, as follows:
If to College:
Southern New Hampshire University
[Department Health Professions]
ATTN: [Dr. Toni Clayton]
33 South Commercial St
Manchester, NH 03101
If to Field Site:
Orange County Health Department
ATTN: Kimberlee Quatrone
300 West Tryon St.
Hillsborough, NC 27278
15.12 Entire Agreement; Modifications; Amendments. This Agreement, along with its Exhibits,
contains all the terms and conditions agreed upon by the Parties regarding the subject matter of
this Agreement and supersedes any prior agreements, oral or written, and all other
communications between the Parties relating to such subject matter. This Agreement may be
amended or modified at any time by mutual written consent of the authorized representatives
of both Parties. The Field Site and College agree to amend this Agreement to the extent
amendment is required by an applicable regulatory authority or due to a change in applicable
laws, regulations, or programmatic requirements, and the amendment does not materially affect
the provisions of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first written above.
SOUTHERN NEW HAMPSHIRE Orange County Health Department
UNIVERSITY
Signature Signature
Toni Clayton________________________ Quintana Stewart______________________
Printed Name Printed Name
_Executive Director Health Professions Health Director
Title Title
Date Date
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2/6/20242/8/2024
Immunization Requirements for New Employees/Interns/Students
Created: May 2023
Revised: 6/2023
Proof of the following should be provided before the employee’s first day.
•All Nurses, APP’s, NA’s, CMA’s Dentists, Dental Assistants,
Dental Hygienist
Hepatitis B Vaccination
•Proof of Hepatitis B vaccination for healthcare providers or positive titer.
•If previously unvaccinated, need 2-dose (Heplisav-B) or 3-dose (Engerix-B or Recombivax HB)
series.
•For HCP who perform task involving exposure to blood or body fluids, proof of anti-HBs
serological testing 1-2 months after dose #2 (for Heplisav-B) or dose #3 (for Engerix-B or
Recombivax HB).
•Community Health Services Division
o Social Work Supervisor III
o Social Worker II
o Public Health Nurse II
o Breast Feeding Support Specialist
o Clinical Social Worker I
•Dental Health Services Division
o All Positions
•Finance and Administrative Services
o Foreign Language Coordinators
o Medical Office Assistants
o Patient Account Technician
•Personal Health Services
o All Positions except Administrative Support I
•COVID-19 Vaccination Primary Series
•Current Influenza Vaccination
•Measles (vaccination or titer)
•Mumps (vaccination or titer)
•Rubella (vaccination or titer)
•Varicella (Chicken Pox) (vaccination or titer)
•Pertussis (Tdap)
•Proof of a current TB evaluation which may include:
o Evidence of negative 2-step skin testing as defined in the NC TB Control Plan
o Evidence of a positive TB test followed by a negative chest film and a negative review
of symptoms completed within 30 days
o Evidence of a negative interferon gamma release assay (IGRA)
o Evidence of a positive IGRA followed by a negative chest film and a negative review
of symptoms completed within 30 days
•Community Health Services
o Division Director
o All Health Education Staff
o Home Visiting Services Supervisor
o Office Assistant II
•Environmental Health Services
o All Positions
•Finance and Administrative Services
o All positions except Foreign Language
Coordinators, MOA’s and Patient Account
Technician
•Personal Health Services
o Administrative Support I
Current Influenza Vaccination
Acceptable proof of immunity to the vaccine-preventable diseases (VPD) includes one or more of the following:
•Proof of receipt of required vaccine(s)
•Proof of immunity for VPD based on CDC definition, which may include serum titers or laboratory confirmation of disease.
Exhibit ADocuSign Envelope ID: 9ADB6417-4FA7-44D1-8FE1-96F14C1FF8C1