Occupational Therapy Assistant Program Agreement Between Central Penn College And The School District of Harrisburg. Recitals

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1 Occupational Therapy Assistant Program Agreement Between Central Penn College And The School District of Harrisburg THIS AGREEMENT entered into this day of October, 2012, by and between the School District of Harrisburg (the Facility ) with a principal office located at 2101 North Front Street, Bldg. 2, Harrisburg, Pennsylvania, 17110, and Central Penn College, a nonprofit entity ( Central Penn ), with a principal office located at 600 Valley Road Summerdale, Pennsylvania 17093, (and individually party, and collectively parties ). Recitals A. The purpose of this agreement is to make clear the roles and responsibilities of both parties hereto in the clinical phase of Central Penn s Occupational Therapy Assistant Program ( Program ). B. The parties recognize that Central Penn and the Facility have an interest in supporting educational programs and in working cooperatively with other institutions dedicated to public service and educational endeavors. C. Central Penn has developed a curriculum in its Program. D. Fieldwork experience is a required and integral component of the Program curriculum. E. Central Penn desires that the Facility participate in the development and implementation of the fieldwork experience component of the Program curriculum. F. The Facility desires to participate with Central Penn in the education of occupational therapy assistant students through the development and implementation of fieldwork opportunities for such students who are involved with the Program. NOW, THEREFORE, in consideration of the mutual agreements set forth herein, all other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, Central Penn College and the Facility do therefore agree as follows: 1. Effective Date. This agreement is effective on the date first set forth above and remains in effect for one year unless terminated earlier as hereinafter set forth. 1

2 2. Central Penn OTA Program. Agenda (a) Central Penn will assign a number of students currently studying occupational therapy at Central Penn ( Student or Students ) to the Facility for the purpose of providing fieldwork experience for the Students. The Students will assist the Facility as directed by the Facility and this assistance shall substantially relate to occupational therapy. (b) It is understood that the Facility has the right to immediately remove any Student in the event of unprofessional or unethical behavior by the Student. If a Student is removed by the Facility, the Academic Fieldwork Coordinator, as designated in Paragraph 3(d) hereof, must be notified immediately. (c) Both Central Penn and the Facility will maintain a policy of nondiscrimination in compliance with all applicable Federal and State statutes. Each party agrees that, in the performance of this agreement, services will be provided without discrimination toward any employee or other persons regardless of their race, color, sex, age, religion, national origin, sexual orientation, marital status, disability, or any other manner prohibited by law. Central Penn agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran s Readjustment Assistance Act of 1974, Title IX of the Education amendments of 1972, the Age Act of 1972, and the Americans with Disabilities Act of Central Penn agrees to comply with the Facility s non-discrimination policy and agrees to require any and all of Central Penn s subcontractors involved with the subject matter of this agreement to be in compliance with the policy. 3. Central Penn Representations. Central Penn agrees: (a) to assume responsibility for assuring continuing compliance with the educational standards established by the Accreditation Council for Occupational Therapy Education and also in accordance with the laws of the Commonwealth of Pennsylvania. (b) to establish and maintain ongoing communications and collaborations with the Fieldwork Educator, as designated in Paragraph 3 (c) hereof, of the Facility on items pertinent to occupational therapy education. Such communication may include, but not be limited to, a description of the curriculum, relevant course outlines, policies, faculty, and major changes in this information. On-site visits will be arranged when feasible and necessary. (c) to designate the title of Fieldwork Educator to the clinician who is responsible for planning and implementation of the occupational therapy assistant fieldwork experience at the Facility. (d) that there is an Academic Fieldwork Coordinator for the Program to provide active contact between Central Penn and the Facility, to coordinate scheduling with students and Academic Fieldwork Coordinator, provide pertinent information to the Facility and to assist in resolving problems and difficulties. 2

3 (e) to assign Students to the Facility; the number of Students assigned and the length and dates of fieldwork experience shall be agreed upon by the parties. (f) to supply the Fieldwork Educator with appropriate forms and resources to be used in evaluating the performance of the assigned Students. (g) that the Students will be prepared for the affiliation through classroom instruction and by controlling all phases of administration of the program, curriculum content, admission requirements, faculty appointments, evaluation, promotion, and graduation, and all other pertinent matters that are internal to Central Penn. Central Penn will maintain the necessary records of the Students. (h) to advise the assigned Students of responsibility for complying with the existing pertinent rules and regulations of the Facility, and state and federal policies including HIPAA regulations. (i) to ensure that each Student assigned to the Facility maintains malpractice and general liability insurance coverage in the amounts of $1 million per occurrence and $3 million aggregate, and such insurance coverage shall name the Facility and Central Penn as additional insureds. Written verification shall be forwarded to the Facility and Central Penn before each Student is assigned to the Facility. Central Penn is prohibited from assigning any Student to the Facility before such insurance coverage is in place. (j) to provide the Facility with the right to terminate any Student, after notice to Central Penn, whose performance is a detriment to any Facility patient s or student s well being or to the achievement of the stated objectives of the fieldwork experience after notifying Central Penn. (k) to indemnify, hold harmless, and pay the defense costs of the Facility against claims resulting from the acts, conduct, or omissions of the Students. This provision shall survive termination of this Agreement. (l) to be required to certify that Central Penn, and its faculty, have the appropriate credentials, licenses, certification, and/or accreditation, as the case may be, to administer the Program or course of study under which the Students are assigned to the Facility. (m) that each Student assigned to the Facility shall be required to complete all training (ex. CPR, OSHA Right to Know Training, Blood Borne Pathogens, Age Specific Competencies, Safety Training, etc.) and orientation as required by the policies of the Facility and as appropriate to the position and department to which they will be assigned. This training will be provided and tracked by the Facility. (n) that the Facility is permitted to request the removal of a Student from the Facility if the Student fails to follow the rules, regulations, and policies of the Facility and/or established protocol or if the Student's actions are otherwise disruptive of the Facility operations or impair the appropriate provision of patient care. 3

4 (o) that the Student shall abide by the provisions of governmental laws and regulations applicable to the Facility. (p) that the Facility may terminate this agreement immediately if it determines that further performance of the agreement would result in the violation of any law, rule or regulation of any governmental authority or endanger the tax-exempt status of the Facility. (q) to have the Student provide, prior to the commencement of the Student placement, such confidential information as may be required by the Facility or deemed necessary for the training and guidance of the Student, i.e., Act 33 and 34 Clearance, etc. (r) that each Student assigned to the Facility shall be required to complete all preemployment health screening, immunizations, and testing as required by the policies of the Facility and as appropriate to the position and department to which the Student will be assigned. These services will be provided and tracked, as necessary, by the Facility. (s) experience. that the clinical phase of the Program is intended to be an unpaid clinical (t) that Students must obtain prior written approval of the Facility and Central Penn before publishing any material relating to the Program or any other matters under this agreement, or their experience regarding the Program or those other matters. 4. Facility Representations. The Facility agrees to: (a) provide orientation to Students assigned to it. (b) designate as Fieldwork Educator the staff member who will be responsible for the planning and implementation of the fieldwork experience. The staff member so designated shall meet the criteria established by the Accreditation Council for Occupational Therapy Education for supervising students. (c) provide the Fieldwork Educator with time to plan and implement the fieldwork experience including, when feasible, time to attend relevant meetings and conferences. (d) experience. (e) provide the physical facilities and equipment necessary to conduct the fieldwork have available a written description of the fieldwork experience being offered. (f) advise Central Penn of any changes in its personnel, operation, or policies that may affect fieldwork experience. (g) determine the number of Students which it can accommodate during a given period of time. 4

5 (h) provide the assigned Student with access to a copy of the Facility's existing pertinent rules and regulations with which the Student is expected to comply. (i) evaluate the performance of the assigned Student on a regular basis using the evaluation form supplied by Central Penn. The completed evaluation will be forwarded to Central Penn Academic Fieldwork Coordinator within one (1) week following conclusion of the Student's fieldwork experience. (j) advise Central Penn, in a timely manner, of any serious deficit noted in the ability of the assigned Student to progress toward achievement of the stated objectives of the fieldwork experience. (k) exercise within its sole discretion, after notice to Central Penn, its the right to terminate any Student whose performance is a detriment to patient well being or to achievement of the stated objectives of the fieldwork experience. (l) provide an opportunity for the Student to gain proficiency in some areas within the domain of the occupational therapist assistant, including preparation of patients, implementation of treatment programs, and observation of patient progress. (m) provide an opportunity for the Student to gain experience in administrative duties and clinic management functions, including safety procedures, utilization of equipment, supervision of volunteers and therapy aides where applicable, and the management of clinical records. (n) provide an opportunity for the Students to discuss privately with the Fieldwork Educator and department supervisor, their learning experiences and any related problems as they arise. 5. Confidentiality. The Facility may provide Central Penn with access (orally, visually or otherwise) to confidential, proprietary, and highly sensitive information relating to the Facility, which may include, without limitation, information pertaining to the business, operations, finances, employees, students and parents of the Facility (collectively, Confidential Information ). Central Penn acknowledges that from time to time the Facility may disclose Confidential Information to Central Penn in order to enable Central Penn to perform the Services. Central Penn recognizes and agrees that the unauthorized disclosure of Confidential Information could be harmful to the Facility. Consequently, Central Penn agrees not: (i) to use, at any time, any Confidential Information for Central Penn s own benefit or for the benefit of any person, entity, or company other than the Facility; or (ii) to disclose, directly or indirectly, any Confidential Information to any person who is not a current employee of the Facility, except in the performance of the Services, at any time prior or subsequent to the termination of this Contract, without the express, written consent of the Facility. Central Penn will use its best efforts to ensure that Students will not disclose Confidential Information. Central Penn acknowledges that any and all documents, including documents containing Confidential Information, furnished by the Facility or otherwise acquired or developed by Central Penn in connection with this Contract (collectively, Facility Materials ) shall at all times be the property of the Facility. Upon the termination of this agreement or association with the Facility, Central 5

6 Penn shall return to the Facility any Facility s Materials that are in Central Penn s possession, custody, or control. 6. Enforcement. Central Penn hereby agrees that the Facility s remedy in the form of monetary damages from any actual or threatened breach by Central Penn of the obligations, covenants, representations and warranties hereunder, and particularly those contained in Section 5, will be inadequate, and that the Facility shall also be entitled to enforce any provision of this agreement, and particularly those contained in Section 5, by temporary or permanent injunction or other equitable relief obtained in any court of competent jurisdiction without the necessity of proving damages, posting bond or other security to prevent any breach or threatened breach by Central Penn hereunder. Any such mandatory equitable relief shall be without prejudice to any other rights or remedies which may be available to the Facility at law or in equity. 7. Indemnification. Central Penn hereby indemnifies, holds the Facility harmless from, and agrees to pay the defense costs of the Facility against, any and all liability, losses, damages, claims, causes of action, costs or expenses (including reasonable attorney's fees), which directly or indirectly arise out of the performance hereunder by Central Penn, its Students or students, employees, representatives or agents. This provision shall survive termination of this agreement. 8. Independent Contractor. (a) Central Penn shall notify each Student that he/she shall not be deemed to be an employee of Facility for purposes of compensation, fringe benefits, workers' compensation, unemployment compensation, minimum wage laws, income tax withholding, social security or any program because of participation in the Program or any of the matters set forth in this agreement; that each Student is placed with Facility as a part of an academic curriculum and those duties performed by the Student are not performed as an employee of the Facility, but in fulfillment of the academic requirements of Central Penn; and that the Student shall not at any time replace or substitute for any employee, representative, partner, officer, director, affiliate, subsidiary, or agent of Facility. (b) Central Penn, including its employees, representatives and agents, shall at all times be an independent contractor and not an employee, representative, partner, officer, director, affiliate, subsidiary, or agent of the Facility. As an independent contractor, Central Penn shall be liable for its own debts, obligations, acts and omissions, including the payment of all required federal, state and local withholding, social security and other taxes or benefits. Central Penn shall have no power or authority to enter into contracts or commitments on behalf of the Facility or to otherwise legally bind or obligate the Facility. Central Penn shall not represent itself to be the agent or representative of the Facility. 9. Criminal History. (c) Central Penn hereby agrees to obtain and submit to the Facility for review the following background checks for instructors and for each Student and each of Central Penn s employees, agents, representatives or subcontractors who are likely to have direct, and/or ongoing contact with Students in connection with performing the services hereunder: (i) Pennsylvania State Police Request for Criminal Records Check; 6

7 (ii) (iii) Agenda Department of Public Welfare Child Abuse History Clearance; and Federal Criminal History Record Information as prescribed by the Department of Education. Central Penn will advise the Facility in writing, in advance, of Central Penn s criteria for screening employees who will perform work for the Facility. (d) Central Penn shall, and shall cause its employees, agents, Students, representatives or subcontractors that provide Services to the Facility to, notify the Facility Title I Office if, during the course of this agreement or any other agreement with the Facility, Central Penn or its employees, agents, Students, representatives or subcontractors are convicted in Pennsylvania or in any other jurisdiction of any of the crimes listed in Pennsylvania Department of Education s Policies and Procedures for SES Subpart B, section 2.1, F1 - F22 or any offense that is substantially equivalent to any of the offenses listed in that subsection in which the judgment or the conviction was entered under the law of any other jurisdiction; or an attempt to commit one of the foregoing crimes. (e) Central Penn or Central Penn s employees, agents, Students, representatives and subcontractors are responsible for all costs associated with obtaining the background checks described in this Section. 10. Insurance. Central Penn understands that it is not insured by the insurance policies of the Facility. Central Penn represents and warrants that Central Penn has secured and shall maintain at Central Penn s own expense all insurance that Central Penn is required by law to carry in connection with its performance hereunder, as well as commercially reasonable insurance covering risks arising in connection with its performance, including, without limitation, worker s compensation insurance and employer s liability and comprehensive general liability insurance. In addition, Central Penn shall maintain primary comprehensive general liability insurance, including bodily injury and property damage coverage in an amount no less than $1,000,000. The coverage minimum shall apply to specific and aggregate limits. The coverage shall protect against the acts or omissions of Central Penn, its officials, employees and agents. Central Penn shall name the Facility as an additional insured on such insurance policies. Evidence of insurance coverage for Central Penn shall be promptly provided to the Facility upon written request by the Facility. The Facility must be notified in writing at least 30 days prior to cancellation or non-renewal of coverage. Any lapses in coverage, any failure to secure insurance and/or any inaction by Central Penn regarding notice will not release Central Penn from liability for loss or damage. Central Penn shall not refuse to submit a claim to its insurance carrier or fail to pursue insurance reimbursement in a manner that would reduce the Facility s indemnity rights under this agreement. 11. Other Relationships. This agreement is not intended to conflict with or affect any existing or future affiliation between the parties and others not a party to this agreement. This agreement is not exclusive. 7

8 12. Governing Law. This Agreement shall be deemed to have been made and shall be construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its choice of law doctrine. 13. Time of the Essence. Central Penn and the Facility hereby agree that time is of the essence of this agreement. Unless otherwise provided herein, Central Penn shall commence its activities as soon as practicable upon the execution of this agreement and shall perform the tasks and provide the services contemplated herein as expeditiously as possible. 14. Limitation of Liability. No individual official, employee, or agent of the Facility shall have any direct or indirect personal liability under or in connection with this agreement. The Facility is a local agency and at all times retains its statutory immunity defense as provided by the laws of the Commonwealth of Pennsylvania. 42 Pa. C.S.A. 8501, Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and all prior discussions, agreements, or understandings, whether verbal or in writing, are hereby merged into this agreement. 16. Amendment. No amendment or modification to this agreement shall be effective unless the same is in writing, signed by both parties. 17. Assignment. Neither party shall assign any of its rights or obligations under this agreement without the prior written consent of the other party. Any such assignment is expressly prohibited. 18. Severability. If any provision of this agreement shall be declared by a court of competent jurisdiction to be invalid, or the parties determine any provision to be in conflict with any applicable federal, state, or local law or regulation, then the remaining provisions of this agreement shall be unaffected thereby and shall remain in full force and effect. 19. Waiver. The waiver of a breach of any of the terms hereof shall not be deemed a waiver of any subsequent breach or default whether of the same or similar nature and shall not in any way affect the other terms hereof. No waiver shall be valid or binding unless in writing and signed by the parties. 20. Venue. The parties hereto consent and agree that all legal proceedings relating to this agreement shall be brought in the Court of Common Pleas of Dauphin County, Pennsylvania, or, if applicable, in the United States Facility Court of the Middle Facility of Pennsylvania, and each party hereto consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively within said court, as the case may be. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address hereinbefore set forth. 21. Headings. The headings and other captions in this agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this agreement. 8

9 22. Final Approval. This agreement is valid only upon approval by the governing body of the Facility. 23. No Third-Party Beneficiaries. Nothing in this agreement shall be construed to create or extend any rights to any third parties as third-party beneficiaries. 24. Notice. Any notice required to be provided under the terms and provisions of this agreement shall be in writing, and shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, or sent by national overnight courier service (e.g., Federal Express) and addressed to the respective party at the address set forth below, or at any such address(es) or person(s) as each may specify by written notice given to the other party in the manner specified herein. Notwithstanding the above, notices may also be provided by personal delivery and shall be effective upon actual receipt. If to Central Penn: Central Penn College 600 Valley Road Summerdale, PA Attention: If to the Facility: Harrisburg School Facility 2101 North Front Street Bldg. 2 Harrisburg, PA Attention: Business Manager IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. CENTRAL PENN COLLEGE By: Academic Fieldwork Coordinator Danell Frank, COTA/L, AFWC Date Witness or Attest By: Name: Title: Date 9

10 SCHOOL DISTRICT OF HARRISBURG Agenda By: Name: Jennifer Smallwood Title: Board Vice-President Date Witness or Attest: By: Name: Carol Kauffman Title: Board Secretary Date 10

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