ASU STUDENT ROTATION GENERAL AGREEMENT 3 2026 .PDF

Maricopa County — Formal (2026-05-20)

View PDF Item 80 Meeting page

Extracted text (via pymupdf) 19105 characters
1 
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.

2 
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

3 
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.

4 
 
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.

5 
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.

6 
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.

7 
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

8 
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