NOW THEREFORE, it is understood and agreed upon by the parties as follows: 1. Educational Institution and Facility
agrees to:
a. Funding:
Educational Institution will submit to Department of Workforce Development (DWD) Workforce Education Initiative (WEI) a funding request to provide classroom instructors for
On Site at Facility with course schedules posted on adulted.info/careers:
(LIST, TARGET #, PAYMENT)
Note: All CCMA classes are funded through Next Level Job (NLJ)
Scholarships administered by the Commission on Higher Education (CHE) through Vincennes University (VU). The Educational Institution will take responsibility for applying for NLJ scholarships for each CCMA student.
Facility shall execute its responsibilities by following and applying at all times the highest professional, industry, educational, and technical guidelines and standards.
Facility agrees to invest by providing dedicated classroom space (DEFINE LOCATION ADDRESS, ROOM, LAB, PARKING, SECURITY, AND ACCESS).
The Facility agrees to recruit, (# REQUIRED TO RUN A CLASSROOM)
B. Orientation and Instruction: The Educational Institution agrees to facilitate the orientation process. The Educational Institution will dedicate (INSERT TEACHERS, CLASSES, AND SCHEDULE). The classes will be provided weekly with the exception of school holidays and breaks published on WTAE School Calendar. The Facility agrees to provide (SUPPORTIVE SERVICES - UBER, GAS CARDS, INCENTIVES, HOURLY PAY FOR CLASSROOM TIME).
a. Dedicated Room and Materials at Facility: The Facility will dedicate a classroom at the Facility and access to the computer lab on (DEFINED DATES). The Educational Institution will outfit the classroom with a supply cabinet, locking 4-drawer file cabinet, 20 laptops, computer cart, testing supplies, access to online instruction, and curriculum for classes onsite.
b. Training Related Expenses: The Educational Institution agrees to pay expenses related to Facility’s training for students under this agreement (SCHOLARSHIPS HSE BOOTCAMP AND CT) The Education Institution will pay for training related expenses for CCMA students participating in programs offered under this agreement. The Educational Institution will pay for textbook, classroom supplies, scrubs, CPR training, and student supportive services. The Facility agrees to have the Computer Lab outfitted with TABE, TASC, Tabe Essential Education, Burlington English, NHA, USA Learns, and Adulted.info.
E. Marketing; The Facility agrees to market the classes via their employee newsletters, social media, signage at customer service areas, employee mailrooms, and (OTHER).
g. Externship: The Educational Institution with V.U. will provide for the classroom- based educational experience of its students in training basic skills in the provision of health care, medical ethics, attitude and behavior, and assign to the Facility only those students who have satisfactorily completed the prerequisites of Facility's program prior to clinical assignment.
The Facility agrees to fund and administer screening student’s work based learning and/or externship documents including:
• WTAE Student Advance Placement Plan Form - Dec and June
• Attending First Day of Class - Employer Panel
• Attending Industry Partnership Day(s) - Student Interview/Forms
• Attending Week 15 & 16 for WBL Assignments
• WBL Site Visits by WTAE Assigned Staff
• WTAE Employer Supervisor will respond to any challenges
• WTAE Student Time Tracking Form - Weekly Friday at Noon' WTAE Student Performance Evaluation Form - Last Day' WTAE Student Site Evaluation Form
- Last Day
By Week 10, the Facility will develop the student externship placement plan and share the details with the Educational Institution. This assignment shall include on-site visits by the Educational Institution when practical and the continuing exchange of information when allowed under applicable privacy and confidentiality laws and as reasonably requested by either party. The Educational Institution will actively monitor student progress in externship placements. The Educational Institution will address any issues related to student poor performance, attendance, or professionalism. The Educational Institution will provide the Facility with access to grades, attendance, and testing for each student who authorizes sharing of that information. The Educational Institution will provide advance notice of any plan to remove a student from the course and/or externship.
a. Insurance: The Education Institution will maintain its current insurance coverages and limits.
b. Drug and Alcohol Policy The Education Institution will support the Facility’s execution of their administrative policies, standards and practices of Facility, and Educational Institution acknowledges Facility's drug and alcohol policy and screening practices.
Pre Placement Screening The Educational Institution will allow Facility’s to conduct background investigations for each student assigned to Facility prior to student beginning studies at Facility.
a. Student Removal from Externship: At the written request of Facility, Educational Institution will agree to remove from Facility any student who, in the reasonable, discretion of Facility, has performed unsatisfactorily or whose behavior or activities are inappropriate or detrimental to Facility's provision of health care to its patients or that are contrary to the objectives of this agreement. Requests for such removal of a student must be provided in writing to the Educational Institution and contain a statement of facts supporting such request by Facility.
b. Student Compliance with Policies and Procedures: The facility will engage students to comply with the policies and procedures of Facility, including those governing the use and disclosure of protected health information under federal law pursuant to the Standards for privacy of Individually Identifiable Health Information, ("privacy rule") implemented under the Health Insurance Portability and Accountability act of 1996, Pub. L. No. 104-191 ("HIPAA"). Facility will ensure that each student signs and delivers to Facility prior to the beginning of the clinical education a copy of the "Confidentiality Understanding" attached hereto as an Attachment and incorporated herein by reference.
2. The Facility agrees
a. Designate an Employer Supervisor to facilitate placement. Facility shall develop objectives, methods of instruction, and other details of the full clinical experience contemplated by this agreement.
b. Make available to students assigned to the Facility appropriate equipment, materials, space, and supplies in order to provide supervised clinical educational experiences. Such accommodations shall include an environment conducive to the learning process that conforms to Facility's customary practices and procedures.
c. Permit Educational Institution's students to perform services for Facility patients only when under the direct supervision of an appropriately registered, licensed or certified Facility staff. During work hours, students may perform assignments, participate in rounds, clinics, staff meetings, and in-service education programs at the discretion of licensed supervisors designated by the Facility.
d. Remind students they remain subject to the authority, policies, and regulations imposed by Educational Institution. During periods of clinical assignment and while at Facility, students shall also be subject to all standards, rules, regulations, and administrative practices and policies of the Facility. Any performance or behavioral issues that arise on the part of participating students, Facility employees, or Educational Institution employees should be reported immediately to the program coordinators of both the Facility and the Educational Institution,
a. Allow students who begin their clinical at Facility to complete their 80-160 hour experience at Facility according to agree upon timelines. The only permissible exceptions to this condition are: a.) Facility is temporarily closed by a governmental entity, b.) Facility is permanently closed by a governmental entity, or c.) After discussions between Facility employees and Educational Institution employees, a student's behaviors are determined to warrant removal from the program or Facility.
b. Retain ultimate responsibility for the provision of all services provided to patients and residents of Facility.
c. During the term of this Agreement, Facility shall maintain professional liability insurance in the minimum amounts necessary to qualify it, and its officers, agents, and employees, under the Indiana Medical Malpractice Act, IC 34-18-1 et seq., while acting in the course and scope of their employment by it. In addition, Facility shall pay all surcharges and take such other actions as may be necessary to qualify and maintain the qualification of itself, its officers, agents, and employees under said Act while acting in the course and scope of their employment by that party. If Facility is not qualified under the Indiana Medical Malpractice Act, Facility shall maintain professional liability insurance limits in the minimum amount of one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) annual aggregate. If the professional liability policy is claims made, Facility shall maintain tail or extended insurance coverage for a minimum of two years. During the term of this Agreement, Facility shall maintain comprehensive general liability insurance covering itself and its employees against property damage, bodily injury or death in a minimum amount of one million dollars ($1,000,000.00) per occurrence and three million dollars ($5,000,000.00) annual aggregate. Facility shall notify Educational Institution of any termination, cancellation or alternation of its insurance coverages or its qualification under the Indiana Medical Malpractice Act immediately upon becoming aware of such event.
d. Facility reserves the right to immediately remove any student or faculty member it deems to present any actual or potential harm to any of Facility’s residents, employees or guests.
e. Facility shall execute its responsibilities by following and applying at all times the highest professional, industry, medical, and technical guidelines and standards. If Educational Institution becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Agreement, Educational Institution may request in writing the replacement or reassignment of any or all such individuals, and Facility shall grant such request.
3. Pursuant to the Indiana Civil Rights Law, federal Civil Rights Act of 1964, ADEA, and ADA, Facility covenants it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state, or local law (“Protected Characteristics”). Facility and Educational Institution each certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services..
1. Indemnification.. Facility agrees to indemnify, defend, and hold harmless Educational Institution, its agents, officials, and employees from all third party claims and suits including court costs, attorney’s fees, and other expenses caused by any act or omission of the Facility’s and/or its subcontractors, if any, in the performance of this agreement.
2. Educational Institution acknowledges and agrees that the nonpublic systems, methods, procedures, written materials and controls employed by Facility in the performance of this Agreement (i) may be confidential and proprietary in nature, (ii) shall always remain the property of Facility and (iii) shall not at any time in the future be disclosed to any third parties or utilized, distributed, or copied or otherwise used by Educational Institution or its
employees in any manner without the express written consent of Facility unless required under Indiana Public Access laws..
3. In the event this Agreement is not renewed for a subsequent term or is otherwise terminated as contemplated herein, students of Educational Institution who are participating in the clinical learning experiences at Facility at the time of termination shall be allowed to complete such clinical learning experience at Facility for the then current school semester under the terms and conditions herein set forth.
4. This agreement shall be effective for the period beginning from during the school year beginning on or after the Effective Date. Notwithstanding the forgoing, this Agreement may be terminated by either party with or without cause by giving thirty (30) days written notice to the other party of its intention to terminate this Agreement. When an Educational Institution makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Agreement, this Agreement shall be canceled.
8. Any notices or other communication permitted or required by this Agreement shall be in writing and shall be effective by personal delivery or by email and then regular US mail postage prepaid, to the other party at the address set forth below:
If to Educational Institution:
Area 31 Career Center at Davis High School
1200 N. Girls School Rd Indianapolis, IN 46214 Attn Director:
Patrick.biggerstaff@wayne.k12.in .us
Attn Coordinator:
Christine.mcintyre@wayne.k12.in.us
Attn CT Team:
careertraining@wayne.k12.in.us
Attn ES Team
Employer.Services@wayne.k12.in.us
With Copy to Corporate Offices
Any notice mailed in compliance with this section shall be deemed to have been given upon the next business day after receipt, except that notice of change of address shall not be deemed effective until actual receipt by the intended recipient.
1. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision.
2. No waiver of a breach of any provision of this Agreement will be construed to be a waiver of any other breach of this Agreement, whether of a similar or dissimilar nature.
3. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement will survive the expiration or termination of this Agreement, regardless of the reason for such termination.
4. Any amendments to this Agreement will be effective only if in writing and signed by the parties hereto.
5. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof
1. Either party may not assign its rights or obligations hereunder without the prior written approval of the other; provided, however, that an assignment may be made only to an entity which is directly or indirectly wholly owned or controlled by the same entity as the assigning party without consent.
2. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to all actual attorneys' fees and other costs incurred in that action, in addition to any other relief to which that party may be entitled.
3. This Agreement shall be governed, construed and interpreted in accordance with the laws of Indiana and venue for any legal proceedings shall be in Marion County, IN.
1. Facility shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. Facility and any principals of Facility certify they have and will comply with the requirements under Ind. Code 5-22-3-7. Facility warrants that Facility and its any subcontractors shall obtain and maintain all required permits, licenses, registrations, certifications, accreditations, and approvals, and shall comply with all employment, labor, EEOC, E-verify, medical, health, safety, and environmental statutes, rules, or regulations in the performance of activities under this Agreement. Facility hereby covenants and agrees to conduct adequate background checks on its employees and make a good faith effort to provide and maintain a tobacco, alcohol, and drugfree workplace. In the event there is a change in state or federal law, whether by statute, regulation, agency interpretation or judicial decision, that in the reasonable opinion of the counsel to Facility or Educational Institution renders any of the material terms of this Agreement unlawful or unenforceable, then the applicable term(s) of the Agreement shall be subject to renegotiation upon written notice to Educational Institution, to remedy such condition, and conform the Agreement to the requirements of the law. If such renegotiation is unsuccessful within the thirty (30) day period of time following written notification, either party may terminate the affected agreement without penalty. Facility certifies by entering into this agreement neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this agreement by any federal agency or by any department, agency or political subdivision within the United States.
1. Facility understands and agrees certain data, materials, and information disclosed by Educational Institution to Facility may contain protected health information, nonpublic personal information, personally identifiable information, education records, student records, and other confidential and protected information. Facility covenants that such data, material, and information gathered, based upon or disclosed to Facility for the purpose of this Agreement will not be disclosed to or discussed with third parties without the prior written consent of Educational Institution. The parties acknowledge that the services to be performed by Facility for Educational Institution under this Agreement may require or allow access to data, materials, and information containing student records, education records, protected health information, nonpublic personal information, and personally identifiable information maintained by Educational Institution in its computer system or other records. In addition to the covenant to comply with applicable laws, Facility agrees to comply with HIPAA and Family Educational Rights and Privacy Act (FERPA)
2. Facility is performing as an independent entity under this Agreement. No part of this Agreement shall be construed to represent the creation of an employment, agency, partnership, affiliation, association, or joint venture agreement between the parties. The Education Institution will not assume liability for any sickness, illness, injury, or death to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the Facility. Facility shall provide all necessary benefit plans, insurance, and unemployment and workers’ compensation insurance for Facility’s employees.
20. Further, to the undersigned’s knowledge, neither the undersigned nor any other member, employee, representative, agent or officer of Facility, directly or indirectly, has entered into or been offered any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof.