UND Memorandum of Agreement

This agreement is made by and between the Occupational Therapy Department, University of North
Dakota, Grand Forks, North Dakota, hereinafter referred to as the "University" and the
_________________________ of _________________________ hereinafter referred to as the
"Agency.” WHEREAS, the State of North Dakota, doing business as the University of North Dakota,
is currently conducting a Occupational Therapy Curriculum within the University and desires to obtain
Level I & II Occupational Therapy experience for students enrolled in the curriculum and
WHEREAS, the Agency is committed to the professional education and training of occupational
therapy students and is willing to assist in their education by providing opportunities to complete a
fieldwork experience.
NOW THEREFORE, the University and Agency agree as follows:
I. THE UNIVERSITY AGREES:
1.1 To be responsible for meeting program accreditation requirements.
1.2 To provide a field-based instruction manual to the Agency and students that outlines
standards of performance and guidelines for the fieldwork experience.
1.3 To provide professional liability insurance for the students and University faculty. The
limits of this insurance will be $1,000,000 per occurrence/$3,000,000 annual aggregate.
General liability coverage for the University will be provided through the North Dakota
state risk management fund which has limits of $250,000 per person/$1,000,000 per
occurrence, with no annual aggregate limit. University will maintain workers’
compensation coverage as required under North Dakota law.
1.4 To inform students of the confidential nature of all Agency and client records and
information.
1.5 To assign a faculty member who will serve as a liaison between the Agency and the
University.
1.6 To provide to the Agency information regarding the student's experience or academic
background or both prior to placement, as authorized by the student.
1.7 To place only students who have satisfactorily completed all required prerequisite
courses and any other academic requirements and have been recommended by faculty for
placement in the fieldwork experience.
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1.8 To notify students of required health screening.
1.9 To inform the students that they must comply with the health requirements of the Agency
and supply the Agency with any required documentation.
II. THE AGENCY AGREES:
2.1 To collaborate with the University in the selection of learning assignments which meet
the educational needs of the students.
2.2 To supervise and instruct the students during the fieldwork experience. Upon request, the
Agency shall submit vitae of persons supervising or instructing students to the
University.
2.3 To conduct student performance evaluations as directed by the University.
2.4 To notify the University immediately if a student is not performing satisfactorily. The
Agency will follow any oral notice made under this paragraph with a written
memorandum.
2.5 To provide the students with appropriate office space and resources, including access to
the Agency's library, to carry out their assigned duties.
2.6 To orient students and, as needed, the faculty liaison, to the Agency and its policies,
procedures, rules and regulations applicable to their conduct while in the Agency.
2.7 To notify the University prior to student placement in the Agency of any requirements for
student immunizations or medical insurance coverage.
2.8 To maintain all licenses, permits, certificates and accredited statuses held at the time of
execution of this Agreement which are applicable to performance of this Agreement.
2.9 To supply the University with copies of any policies or procedures with which the
students will be expected to comply.
III. THE UNIVERSITY AND THE AGENCY AGREE:
3.1 That the number of students placed in the Agency, the duration and the timing of the
fieldwork experience shall be mutually agreed upon.
3.2 To collaborate in identifying specific fieldwork experience objectives, the student
assignments, and learning activities for each student placed in the Agency.
3.3 To follow termination procedures outlined in the field-based instruction manual in the
event the placement is terminated prior to its intended conclusion.
3.4 That the Agency may exclude from participation any student whose performance is
determined to be detrimental to the Agency's clients; who fails to comply with proper
channels of communications, with established Agency policies and procedures or with
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the Occupational Therapy Code of Ethics; or whose performance is otherwise
unsatisfactory, including any student who is unable to maintain compatible working
relationships with the Agency's employees, or whose health status may prevent required
attendance and student's successful completion of the fieldwork experience.
IV. LIABILITY
4.1 Each party shall be responsible for claims, losses, damages, and expenses which are
proximately caused by the negligent or wrongful acts or omissions of that party or its
agents, employees, or representatives, acting within the scope of their duties.
4.2 The liability of the University is as set out in chapter 32-12.2 of the North Dakota
Century Code and subject to the limitations contained therein. Nothing herein shall
preclude the State of North Dakota from asserting against third parties any defenses to
liability it may have under North Dakota law or be construed to create a basis for a claim
or suit when none would otherwise exist.
4.3 Agency agrees to inform University in the event either an investigation or claim arises
out of patient or client care services performed pursuant to this Agreement, and shall
provide University with reasonable access to information involving such investigation or
claim. Agency shall notify University of the disposition of any such investigation or
claim.
V. TERM AND TERMINATION OF AGREEMENT
5.1 This agreement shall be effective beginning the _____ day of __________, 20___, and
shall continue for one year. It will be automatically renewed for subsequent periods of
one year unless either the University or the Agency terminates the agreement by
tendering 30 days written notice prior to the intended date of termination. This
agreement may be terminated by either party at any time upon 90 days written notice
to the other party.
5.2 In the event that the Agency terminates this agreement, the Agency agrees that no
students participating in an ongoing fieldwork experience will be denied the opportunity
to complete the affiliation, even when the effective date of termination occurs prior to the
completion date of the fieldwork experience. In such an event, all applicable provisions
of this agreement, including the right to terminate any student, shall remain in force until
the end of the fieldwork experience.
5.3 The University may terminate this Agreement effective upon delivery of written notice to
the Agency, or at such later date as may be stated in the notice, if any license, permit,
certificate or accreditation required by law, rule or regulation, or by the terms of this
Agreement, is for any reason denied, removed, suspended, or not renewed.
VI. NONDISCRIMINATION
The University and the Agency agree that in the performance of this contract there will be no
discrimination in violation of the law or the policies of the University of North Dakota.
Therefore, there will be no discrimination on the basis of race, color, sex, religion, sexual
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orientation, age, national origin, the presence of any mental or physical disability, or status with
respect to marriage or public assistance.
VII. APPLICABLE LAW
This agreement is governed by the laws of the State of North Dakota.
VIII. ASSIGNMENT
Neither party may assign or otherwise transfer or delegate any right or duty without the express
written consent of the other party.
IX. NOTICES
All notices or other communications purporting to exercise or otherwise affect rights and duties
under this Agreement shall be given by registered or certified mail, addressed to the parties as
indicated below, and are complete on the date mailed.
Notices to UND shall be addressed to:
1. Debra J. Byram-Hanson
University of North Dakota
School of Medicine & Health Sciences
Occupational Therapy Department
Hyslop Sports Center Room #210
2751 2nd Avenue North Stop 7126
Grand Forks, ND 58202-7126
Notices to ___________________________ shall be addressed to:
Insert here name, title, complete address:
________________________________
________________________________
________________________________
________________________________
The provisions of this section do not supersede any statutes or rules of court regarding notice of
claims or service of process. In the event of a conflict between this section and any statutes or
rules of court, the statutes or rules of court govern.
X. MODIFICATION
This Agreement may not be waived, altered, modified, supplemented, or amended in any manner
except by written agreement signed by both parties.
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XI. SEVERABILITY
If any term or provision of this agreement is declared by a court having jurisdiction to be illegal
or unenforceable, the validity of the remaining terms and provision shall not be affected, and the
rights and obligations of the parties are to be construed and enforced as if the contract did not
contain that term or provision.
XII. AUTHORITY TO EXECUTE DOCUMENTS
Authority to execute documents pursuant to this Agreement on behalf of the University is vested
in the Dean, School of Medicine.
Authority to execute documents pursuant to this Agreement on behalf of the Agency is vested in
__________________________.
Documents purporting to bind a party shall be executed by the person or persons with authority
to execute documents on behalf of the party.
XIII. MERGER
This Agreement constitutes the entire agreement between the parties. There are no
understanding, agreements, or representations, oral or written, not specified within this
Agreement.
XIV. CONSIDERATION
Under the terms of this Agreement, neither party is obligated to make any payments of any kind
to the other party.
XV. WAIVER
The failure of either party to exercise any of its rights under this Agreement for a breach thereof
shall not be deemed to be a waiver of such rights, and no waiver by either party whether written
or oral, express or implied, of any rights under, or arising from, the Agreement shall be binding
on any subsequent occasion; and no concession by either party shall be treated as an implied
modification of the Agreement unless specifically agreed in writing.
XVI. INDEPENDENT CONTRACTORS
The parties are independent contractors and shall not act as an agent for the other party, nor shall
either party be deemed to be an employee of the other party for any purpose whatsoever. Neither
of the parties shall not have any authority, either express or implied, to enter any agreement,
incur any obligations on the other party’s behalf, nor commit the other party in any manner
whatsoever without the other party’s express prior written consent. Any promotional business
representation by either party of the other shall be approved in advance.
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XVII. HEADINGS
The paragraph headings are for quick reference and convenience only and do not alter, amend, or
otherwise affect the terms and conditions set out herein.
APPROVED FOR APPROVED FOR
THE UNIVERSITY OF NORTH DAKOTA ___________________________
Name of Agency
__________________________/________(date) ___________________________/______(date)
Dr. Joshua Wynne, Interim Vice President Agency
for Health Affairs and Interim Dean
School of Medicine
__________________________/________(date) ____________________________/______(date)
Janet Jedlicka, Ph.D., OTR/L Associate Professor/Chair Department of Agency
Occupational Therapy Department