MARICOPA COUNTY PUBLIC DEFENSE SERVICES_ASU INTERNSHIP AGREEMENT REVISED4.17.DOCX

INTERNSHIP AGREEMENT
This Agreement shall be effective April 12, 2017 (the “Effective Date”). The parties to
this Agreement are the Arizona Board of Regents for and on behalf of Arizona State University
(“School”) and Maricopa County (“County”), a political subdivision of the State of Arizona,
administered by its Office of Public Defense Services (“Facility”).
WHEREAS, School wants to provide clinical experiences for the School’s students
(“Students”) as part of their overall education; and
WHEREAS, County, through its Facility, is willing to provide clinical training to
School’s Students; and
WHEREAS, it is to the benefit of both School and Facility to cooperate in the
educational preparation of Students, so as to promote excellence in legal representation, to
ensure professional competence, and to provide maximum utilization of community resources,
NOW, THEREFORE, IT IS MUTUALLY AGREED that School may place selected
Students in the Facility for such clinical experiences (the “Program”) according to the following
terms and conditions:
1. Program Description and Mutual Responsibilities of the Parties.
1.1 School shall retain full control and responsibility for the academic education of
the Students. Any educational goals and objectives for a rotation must be provided by School to
Facility prior to the start of the rotation and will be subject to Facility’s acceptance and approval.
1.2 The number of Students accepted into the Program and schedule of assignments
shall be arranged in advance by mutual agreement between Facility and School. In the event it
becomes necessary to cancel a reserved space or change a student assignment, School will
immediately notify Facility.
1.3 School and Facility shall each designate a coordinator who shall be reasonably
available for consultation with the other respective coordinator concerning each Student’s
qualifications, clinical experience performance, and the curriculum of the Program.
1.4 School agrees to designate for participation in the Program only Students who
have completed the necessary training, appropriate prerequisites and didactic work for the
Program and who are in good standing. All Students shall be subject to Facility’s standards of
Program admission and participation. School shall ensure that the Student’s execute a Student
Acknowledgement reflecting the same prior to placement. See Internship Student
Acknowledgement, attached as Exhibit A.
1.5 Facility assumes full responsibility for the representation of its clients.
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1.6 As part of their educational experience, Students may be asked to review client
records to help support Facility’s quality assurance projects without necessarily having the client
records de-identified.
1.7 At all times during the term of this Agreement, all services shall be performed in
accordance with all applicable standards established by law or ordinance, or established by the
rules and regulations of any federal, state, or local agency, department, commission, association,
or other pertinent governing, accrediting, or advisory body having the authority to set standards
for offices maintained by health care providers.
1.8 Facility and School agree to cooperate with each other and share information, to
the extent allowed by law, in the event of any investigation, audit, peer review matter,
disciplinary action or third-party liability claim arising out of the Program or any services
provided under this Agreement or any adverse event that may result in liability to the other party
in connection with their performance under this Agreement.
2. School’s Responsibilities.
2.1 School shall advise all Students that they may be required to pass a physical
examination and drug screening when appropriate for the specific internship; will be required to
have up-to-date immunizations including a hepatitis B series; and may be required to complete a
criminal background check by the Facility (or its agent). Student will be responsible for the cost
of screenings not performed by Facility (including physical examination and drug test, if
applicable). School shall provide Facility with documentation upon request establishing that
each Student has undergone the appropriate screening and any necessary documentation to
perform a background check, if required. Facility (or its agent) shall review any such
documentation to determine if Student is eligible for the internship.
2.2 School shall maintain all personnel and academic records relating to Students.
2.3 School shall require all Students and any other personnel furnished by School to
comply with all applicable rules, regulations, policies and procedures of the Facility and to
maintain confidentiality of client information in accordance with applicable law, as well as the
confidentiality of records and operations of the Facility. Students shall be required to
acknowledge these responsibilities at the start of the Program on a form prepared by Facility and
to grant School and Facility permission to share educational records necessary to the Program,
including written evaluations from Site Supervisor to School.
2.4 School shall reimburse Facility for any breakage or damage to equipment or
supplies, provided Facility provides evidence that such breakage or damage was caused by a
Student or School faculty member.
3. Facility’s Responsibilities.
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3.1 Facility will determine the locations and assignments for each Student in the
Program and notify School of available assignments.
3.2 Facility agrees (i) to provide direct supervision of Students and practical
instruction while on the assigned premises for the Program at Facility locations by qualified
supervisors who are on staff at the Facility (“Site Supervisor”); and (ii) to complete written
evaluations on each Student on forms provided by School.
3.3 At all times during the term of this Agreement and any renewal or extension
hereof, Facility shall, at its own expense, comply with applicable state and federal laws and
regulations including but not limited to OSHA standards with respect to each of School’s
employees, agents and Students present at the Facility.
3.4 With respect to any quasi-professional services provided by Students under this
Agreement, Facility shall notify School and its Program Director(s) as soon as possible of the
initiation of any investigation of a Student or School faculty member.
4. Family Educational Rights and Privacy Act (“FERPA”). Facility and School agree to
abide by the limitations set forth under FERPA and regulations at 34 CFR 99.33 regarding the
protection of educational data. Both parties acknowledge that this Agreement allows access to
educational data, and agree to hold that information in strict confidence and not to use or disclose
educational data received from or on behalf of either institution except as permitted or required
by this Agreement, as otherwise required or allowed by law, or as authorized in writing by
Student.
5. Policies and Procedure Governing Students. In addition to any policies and
procedures of School that govern Students’ conduct, Students shall be subject to and follow
Facility’s policies and procedures, including standard precautions, while participating in the
Program. Notwithstanding any provision to the contrary, Students shall not be entitled to any
defense or indemnity by the County, or to any stipends, benefits, terms or rights that are afforded
County employees, including workers’ compensation, health insurance or medical benefits,
pension, retirement, or vacation or sick pay.
6. Termination of Student Experience. Facility may terminate the participation of a
Student in the Program if the Student’s work, conduct or health might, in Facility’s sole
discretion, have detrimental effect on its clients, staff, or operations. Facility shall not be
arbitrary or discriminatory in the exercise of this right.
7. Student Health Insurance and Emergency Medical Care. Students shall be
responsible for maintaining health insurance throughout the entire term of their participation in
the Program. Students may be furnished emergency medical care and treatment, if needed, while
on duty at Facility with the associated expense to be the responsibility of the Student.
8. Indemnification. To the fullest extent permitted by law, each party shall defend,
indemnify, and hold harmless the other party, its agents, representatives, officers, directors,
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officials, and employees for, from and against all claims, damages, losses and expenses,
including, but not limited to, attorneys’ fees, court costs, expert witness fees, and the cost of
appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent
acts, errors, omissions or mistakes relating to the performance of this Agreement. Each party’s
duty to defend, indemnify and hold harmless the other party, its agents, representatives, officers,
directors, officials, and employees shall arise in connection with any claim, damage, loss or
expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of property, including loss of use resulting therefrom, caused by any negligent acts,
errors, omissions or mistakes in the party’s performance of this Agreement including any person
for whose acts, errors, omissions or mistakes a party may be legally liable.
The amount and type of insurance coverage requirements set forth in Section 10 below will in no
way be construed as limiting the scope of the indemnity in this Section. Further, the scope of
indemnification does not extend to the sole negligence of either party.
9. Insurance. Both parties shall maintain insurance or funded self-insurance as follows:
(i) commercial general liability insurance coverage with minimum limits of $1,000,000 per
occurrence and $3,000,000 annual aggregate; (ii) professional liability insurance coverage with
minimum limits of $1,000,000 per occurrence and $3,000,000 annual aggregate; and
(iii) workers’ compensation insurance to cover obligations imposed by federal and state statutes
applicable to the respective party’s employees engaged in the Program. Upon written request, a
party shall provide to the other party a certificate of insurance evidencing such insurance
coverage. Each party shall endeavor to provide thirty (30) calendar days prior written notice to
the other party of any modification or termination of required insurance.
10. Relationship of the Parties. Each party is a separate and independent institution, and
this Agreement shall not be deemed to create a relationship of agency, employment, or
partnership between or among them. Each party understands and agrees that this Agreement
establishes a bona fide training relationship and that the agents, Students, and employees of each
respective party are not employees or agents of the other party.
11. Term. This Agreement is for a term of one (1) year and will automatically renew for
subsequent one-year terms for a total of five (5) years, unless terminated as described in Section
12 below.
12. Termination. This Agreement may be terminated by either party upon thirty (30) days
prior written notice to the other party; provided, however, Students participating in an ongoing
clinical experience at the time shall be given the opportunity to complete their participation. In
such event, all applicable provisions of this Agreement shall remain in force during the extension
period from the effective date of termination, until the end of the academic term in which the
Students are enrolled.
13. Notices. Communications regarding the Program shall go through the parties’ designated
coordinators. Any legal notice that is required or permitted to be given by a party to the other
shall be deemed to have been sufficiently given if personally delivered or deposited in the U.S.
Mail in a properly stamped envelope, addressed to:
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For School For County
J. Alan Rawls Maricopa County Board of Supervisors
Arizona State University Attn: Clerk of the Board
Office of the Provost 301 West Jefferson Street, 10th Floor
PO Box 877805 Phoenix, Arizona 85003
Tempe, AZ 85287-7805
FAX: (480) 965-0723 Copy to Facility:
Alan.Rawls@asu.edu
Maricopa County Public Defense
Services
620 W. Jackson Street, Ste. 3076
Phoenix, AZ 85003
15. Amendments. This Agreement may be amended from time to time only by written
agreement of the parties.
16. Use of Names. No party shall use the name, trademark, logo, or likeness of another
party, or another party’s employee or agent in any publicity or advertising material without such
other party’s express prior written consent; however, the existence and scope of the Program
available via this Agreement may be made known to Students as a means of assistance in
completing their training requirements.
17. Assignment. Neither party shall assign all nor part of this Agreement without the prior
written consent of the other party which consent shall not be unreasonably withheld; provided,
however, that this Agreement may be assigned by either party without consent of the other to an
affiliate or to any third party who succeeds to substantially all of its businesses or assets. In the
event of a valid assignment, this Agreement will inure to the benefit of and be binding upon each
party and its respective successors and permitted assigns.
18. Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Arizona. Exclusive venue and jurisdiction for any actions or proceedings
related to or stemming from this Agreement shall be in the state or federal courts sitting in
Phoenix, Arizona.
19. Conflict of Interest. The County’s participation in this Agreement is subject to A.R.S. §
38-511, which provides that this Agreement may be cancelled if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
County is, at any time while this Agreement, or any extension thereof, is in effect, an employee
or agent of the other party to this Agreement in any capacity or consultant of the other party with
respect to the subject matter of this Agreement.
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20. Enforceability and Waiver. The invalidity or unenforceability of any term or provision
of this Agreement shall in no way affect the validity or enforceability of any other term or
provision. The waiver by a party of a breach of any provision of this Agreement shall not
operate as or be construed as a waiver of any subsequent breach thereof.
21. Non-exclusive Agreement. Each party may enter into similar agreements with other
training institutions, provided that such agreements do not materially interfere with the ability of
each party to carry out its obligations hereunder.
22. Compliance with Laws. Each party shall, to the extent such provisions apply, comply
with all federal and state laws, ordinances, Executive Orders, rules, regulations, standards, and
codes whether or not specifically referenced herein, including, but not limited to: Title VI and
VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age Discrimination in
Employment Act; the Americans With Disabilities Act, as amended; the Immigration Reform
and Control Act of 1986 (IRCA); and Arizona Executive Order 2009-9, which mandates that all
persons shall have equal access to employment opportunities. Unless exempted under Federal
law, the parties shall not discriminate against any employee or applicant for employment because
of race, age, disability, color, religion, sex or national origin.
23. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same
instrument.
24. Entire Agreement. This Agreement represents the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior agreements and
representations.
25. Authority. The persons signing this Agreement warrant that they have full authority to
do so and that their signatures shall bind the parties for which they sign.
26. Miscellaneous Provisions
a. Arbitration in Superior Court. As required by ARS § 12-1518, the parties agree to make
use of arbitration in disputes that are subject to mandatory arbitration pursuant to ARS § 12-
133.
b. Title IX. Title IX protects individuals from discrimination based on sex including sexual
harassment. ASU fosters a learning and working environment that is built on respect and free
of sexual harassment. This commitment is set forth in the document “Internships and an
Environment of Respect,” http://www.asu.edu/titleIX/Internships-and-an-Environment-of-
Respect.pdf. Educational Coordinators are required to review this document before
interacting with ASU students and agree to comply with this document and to provide this
document to any employee who may reasonably be expected to interact with an ASU student.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective
dates written below.
ARIZONA BOARD OF REGENTS FOR
AND ON BEHALF OF ARIZONA STATE UNIVERSITY MARICOPA
COUNTY
By: ______________________________ By: ________________________________
Name: Mark S. Searle Name: ______________________________
Title: Executive VP and University Provost Title: Chairman, Board of Supervisors
Date: ____________________________ Date: _______________________________
ATTESTED TO:
By: ________________________________
Name: ______________________________
Title: Clerk of the Board
Date: _______________________________
APPROVED AS TO FORM:
By: ________________________________
Name: ______________________________
Title: Deputy County Attorney
Date: _______________________________
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