ASU STUDENT ROTATION GENERAL AGREEMENT 3 2026 .PDF
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ARIZONA STATE UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) is
entered into by and between the Arizona Board of Regents, a body corporate acting for
and on behalf of Arizona State University (“ASU”), and Maricopa County, by and for its
Department of Public Health (“MCDPH”). This Agreement sets forth the terms of the
rotation of Students from ASU to MCDPH for educational training and experience.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by ASU to
the applicable MCDPH preceptor prior to the start of the rotation. If these goals
and objectives are acceptable to MCDPH, the MCDPH preceptor will sign a
statement agreeing to meet the goals and objectives of the rotation and will return
a copy to ASU.
B. The Program Director of the applicable Training Program at ASU shall retain full
control and responsibility for the overall education of the Students.
2. Responsibilities of ASU for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for supervision and instruction as agreed upon by both parties. MCDPH
agrees to allow ASU faculty the right to participate in selecting learning
experiences for students participating under this Agreement
C. Instruct Students and faculty participating in the program at MCDPH to adhere to
existing rules and regulations of MCDPH.
D. Require each Student participating in the program at MCDPH to meet the same
health standards that are required of all employees at MCDPH. MCDPH may
request upon reasonable notice a physical examination and/or laboratory or other
diagnostic tests for any Student. The Student and ASU shall have the option to
either agree to such physical examinations, labs, and tests or to withdraw the
Student from MCDPH. MCDPH shall not be responsible for any cost or charges
incurred for such physical examinations, labs, or tests.
E. Require Students and ASU staff members to not release any material relative to
practical experiences that has not been approved for release for publication by
MCDPH, or that is confidential by law.
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F. Instruct Student(s) that dress and grooming shall be appropriate for MCDPH and
for health care workers. Students will comply with the MCDPH dress code.
G. Notwithstanding any provision to the contrary, ASU agrees that the faculty
observers and Students enrolled at MCDPH shall not be employees or agents of
MCDPH or Maricopa County, and shall not be entitled to any defense or indemnity
under Maricopa County’s Declaration of Trust for Maricopa County, Arizona, Self-
Insured Risk Trust Fund, benefits, conditions, terms or rights of MCDPH
employees including workers’ compensation, medical or hospitalization insurance
or benefits, pension, retirement or vacation pay, credit or other benefits or rights
of MCDPH employees. MCDPH may, at its own election, decide to provide
Students a stipend. MCDPH employees employed by ASU as faculty members
on their own time (non-MCDPH pay status) will be subject to the same restrictions
as stated herein.
H. Provide liability insurance or self-insurance coverage for the negligent acts, errors
and omissions of Faculty Members and Students covered under this Agreement
in accordance with and subject to the provisions of A.R.S. Section 41-621 et seq.
ASU and MCDPH agree to waive subrogation/recovery against the other. ASU
will provide MCDPH a Certificate of Insurance evidencing such insurance upon
request following full execution of the Agreement.
I.
Upon consideration with MCDPH, remove from MCDPH any Student or Faculty
Member reasonably identified, for any reason, as unacceptable by MCDPH.
J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Students or Faculty Members.
K. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with MCDPH staff to assign Students to specific
learning experiences that are appropriate for the program(s).
L. Provide a 30-day advance notice for Students assigned to a rotation.
3. Responsibilities of MCDPH for Rotations
A. Provide training experiences and make available the related facilities at MCDPH
for Students enrolled in any program.
B. MCDPH staff will teach and supervise Students while assigned to MCDPH
experiences. Any client services provided by Students shall be under the direct
and exclusive supervision of qualified staff employed by MCDPH.
C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Students’ learning experiences, including planning with MCDPH staff for the
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assignment of Students to specific learning experiences which are appropriate for
the Student’s program.
D. Keep ASU informed of changes in policy that affect Students and faculty
observers.
E. Participation By Subcontracted MCDPH Staff. MCDPH may perform its
obligations hereunder through the use of people who are providing medical
services in a MCDPH facility under a contract or other arrangement between
MCDPH and the employer of those people ("subcontracted MCDPH staff"). For
example, subcontracted MCDPH staff may serve as preceptors for participating
Students and provide supervision for and evaluation of those Students on behalf
of MCDPH as provided in this Agreement. MCDPH shall assure that all
subcontracted MCDPH staff that are performing MCDPH obligations under this
Agreement shall, at all times relevant to this Agreement, have and maintain
insurance coverage, either through MCDPH or independently. Upon request by
ASU, MCDPH will provide to ASU certified copies of any and all insurance and
endorsements that cover subcontracted MCDPH staff performing under this
Agreement on behalf of MCDPH.
4. Mutual Responsibilities of MCDPH and ASU
A. The personnel of MCDPH and the faculty of ASU assigned to the program will
confer at such times as may be mutually agreed upon to evaluate the educational
program.
B. The personnel of MCDPH and the faculty of ASU assigned to the program shall
cooperate in providing a sound educational environment.
C. Students are assigned for practical training experiences in the appropriate
MCDPH unit. Both parties shall mutually agree upon the number of Students and
the appropriate MCDPH unit for training.
D. Upon request, each party will complete program evaluation forms for Students,
faculty, or learning experiences.
5. Term and Termination
A. The term of this Agreement shall be from July 1, 2026, through June 30, 2036.
The Agreement may be renewed for additional terms by the mutual consent of
both parties.
B. This Agreement may be terminated by either party upon 30 days prior written
notice to the other party; provided, however, Students participating at MCDPH at
the time of termination shall be given an opportunity to complete their
participation.
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6. Miscellaneous
A. The Parties will comply with all applicable laws, rules, regulations, and executive
orders
governing
equal
employment
opportunity,
immigration,
and
nondiscrimination, including the Americans with Disabilities Act, and Executive
Order 2009-09 as amended by Executive Order 2023-01.
B. Health Insurance, Emergency Care by MCDPH. Participating faculty, Students
and administrative personnel shall be responsible for providing their own health
insurance. MCDPH will provide the level of emergency care to participating
faculty, Students and administrative personnel as it would provide to its own
employees. The faculty, Student and administrative personnel shall be
individually responsible for any charges thus generated.
C. Cost of Training Program. Each party shall pay all its own costs associated with
its participation in the training program. No monetary compensation shall be
exchanged under this Agreement and there shall be no charge for use of MCDPH
facilities or participation by MCDPH personnel pursuant to this Agreement.
D. Nothing in this Agreement shall be deemed or construed as creating a
relationship of principal and agent or of partnership or of joint venture between
the parties. Students shall not be considered servants, agents, or employees of
MCDPH.
E. This Agreement shall be construed and enforced 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 will be in the state or
federal courts sitting in Phoenix, Arizona.
F.
This Agreement shall be binding upon and shall inure to the benefit of both parties
and their respective successors, heirs, assigns and legal representatives. This
Agreement may not be assigned in part or whole without the prior written consent
of both parties.
G. Individuals executing this Agreement on behalf of the parties represent and
warrant that they have been authorized to do so.
H. This Agreement contains the entire understanding of the Parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the Parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
Parties in writing and shall become effective on the date stated therein.
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I.
During the term of this Agreement, the parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules, and regulations applicable to the performance of this Agreement, including
without limitation the Health Insurance Portability and Accountability Act and the
Family Educational Records and Privacy Act.
J.
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the
other Party (as "indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of the negligent performance of this Agreement,
but only to the extent that such claims which result in vicarious/derivative liability
to the indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers. Any other provision of this Agreement to the contrary notwithstanding,
the parties acknowledge that ASU is a public institution and any indemnification or
hold harmless provision provided by ASU is limited as required by State law,
including without limitation Article 9, Section 7 of the Arizona Constitution and
Sections 35-154 and 41-621, Arizona Revised Statutes. ASU’s liability under any
claim for indemnification is limited to claims for property damage, personal injury,
or death, caused by acts or omissions of ASU employees or Students.
7. Arizona State Statutes
A. Conflict of Interest. If within 3 years after the execution of this Agreement, MCDPH
hires as an employee or agent any ASU representative who was significantly
involved in negotiating, securing, drafting, or creating this Agreement, then ASU
may cancel this Agreement as provided in Arizona Revised Statutes (A.R.S.) § 38-
511.
B. Arbitration in Superior Court. Notice is hereby given of ARS § 12-133 and ARS §
12-1518.
C. Failure of Legislature to Appropriate. In accordance with ARS § 35-154, if ASU’s
performance under this Agreement depends on the appropriation of funds by the
Arizona Legislature, and if the Legislature fails to appropriate the funds necessary
for performance, then ASU may provide written notice of this to MCDPH and cancel
this Agreement without further obligation of ASU. Appropriation is a legislative act
and is beyond the control of ASU.
D. Records. To the extent required by ARS § 35-214, MCDPH will retain all records
relating to this Agreement. MCDPH will make those records available at all
reasonable times for inspection and audit by ASU or the Auditor General of the
State of Arizona during the term of this Agreement and for 5 years after the
completion of this Agreement. The records will be provided at ASU in Tempe,
Arizona, or another location designated by ASU on reasonable notice to MCDPH.
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E. ASU warrants and certifies that it does not currently, and agrees for the duration
of the Agreement that it will not, use:
i.
The forced labor of ethnic Uyghurs in the People’s Republic of China.
ii.
Any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
iii.
Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
If ASU becomes aware during the term of the Agreement that ASU is not in
compliance with this paragraph, ASU shall notify MCDPH within five business
days after becoming aware of the noncompliance. Failure of ASU to provide a
written certification that ASU has remedied the noncompliance within 180 days
after notifying MCDPH of its noncompliance shall result in the termination of this
Agreement unless the Term of this Agreement shall end prior to said 180-day
period.
F. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i.
ASU warrants compliance with all federal immigration laws and regulations
relating to employees and warrants its compliance with A.R.S. § 23-214(A),
which states, “After December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee through
the e-verify program and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever
is longer”.
ii.
A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and ASU
may be subject to penalties up to and including termination of the contract.
iii.
Failure to comply with a state audit process to randomly verify the
employment records of contractors and subcontractors shall be deemed a
material breach of this Agreement and ASU may be subject to penalties up
to and including termination of the Agreement.
iv.
The State of Arizona retains the legal right to inspect the papers of any
employee who works on this Agreement to ensure that the contractor or
subcontractor is complying with the warranty under Paragraph i.
v.
For questions about E-Verify ASU should visit the following web site:
http://www.uscis.gov.
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8. ASU Required Provisions
A. Privacy, Educational Records. Student educational records are protected by the
U.S. Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA).
MCDPH will not require any ASU Students or employees to waive any privacy
rights (including under FERPA or the European Union’s General Data Protection
Regulation (GDPR)) as a condition for receipt of any educational services, and
any attempt to do so will be void. MCDPH will comply with FERPA and will not
access or make any disclosures of Student educational records to third parties
without prior notice to and consent from ASU or as otherwise provided by law. If
this Agreement contains a scope of work or other provision that requires or
permits MCDPH to access or release any Student records, then, for purposes of
this Agreement only, ASU designates MCDPH as a “school official” for ASU under
FERPA, as that term is used in FERPA and its implementing regulations. In
addition, any access or disclosures of Student educational records made by
MCDPH or any MCDPH Parties must comply with ASU’s definition of legitimate
educational purpose in SSM 107-01: Release of Student Information. If MCDPH
violates the terms of this section, MCDPH will immediately provide notice of the
violation to ASU.
B. Advertising, Publicity, Names and Marks. MCDPH will not do any of the following,
without, in each case, ASU’s prior written consent: (i) use any names, service
marks, trademarks, trade names, logos, or other identifying names, domain
names, or identifying marks of ASU (“ASU Marks”) for any reason, including
online, advertising, or promotional purposes; (ii) issue a press release or public
statement regarding this Agreement; or (iii) represent or imply any ASU
endorsement or support of any product or service in any public or private
communication. Any permitted use of ASU Marks must comply with ASU’s
requirements, including using the ® indication of a registered mark.
C. Environment of Respect. ASU prohibits all forms of discrimination, harassment
and
retaliation.
To
view
ASU’s
policy
please
see
https://www.asu.edu/aad/manuals/acd/acd401.html. Title IX protects individuals
from discrimination based on sex in any educational program or activity operated
by recipients of federal financial assistance. As required by Title IX, ASU does not
discriminate on the basis of sex in the education programs or activities that we
operate, including in admission and employment. Inquiries concerning the
application of Title IX may be referred to the Title IX Coordinator or to the U.S.
Department
of
Education,
Assistant
Secretary,
or
both.
Contact
titleixcoordinator@asu.edu or 480-965-0696 for more information; or visit the
office located at 1120 S. Cady Mall, INTDSB. For information on making a report
please go to www.asu.edu/reportit/. MCDPH acknowledges ASU’s expectations
for an “Environment of Respect” available at this link, which may be modified from
time
to
time
(https://live-asucms.ws.asu.edu/sites/default/files/2024-
07/Internships%20and%20an%20Environment%20of%20Respect%20%28003
%29.pdf). MCDPH, including its personnel, will (i) provide ASU Students and staff
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with an Environment of Respect, (ii) immediately provide notice to ASU of any
suspected violation of this section, and (iii) to the extent permitted by law, fully
cooperate with ASU to address any actual or suspected violation hereof.
IN WITNESS WHEREOF, MCDPH and ASU have executed this Agreement.
MARICOPA COUNTY
Acting for and on behalf of
the Department of Public Health
The Arizona Board of Regents, a body
corporate acting for and on behalf of
Arizona State University
By:
By:
Chairman,
Maricopa County Board of
Supervisors
Date
Name: Nancy Gonzales
Title:
Executive VP and University
Provost
Attest:
Clerk of the Board
Date
Approved as to Form
Date
Deputy County Attorney
03/19/2026