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AFFILIATION AGREEMENT WITH EAST VALLEY INSTITUTE OF TECHNOLOGY
This Affiliation Agreement is entered into and shall be effective on _____________________
(“Effective date”). The parties to this Agreement are Maricopa County (“County”) administered by
its Human Services Department ("Department") and East Valley Institute of Technology District
#401 ("EVIT") whose address is 1601 West Main St., Mesa, Arizona, concerning internships and
training for students from EVIT’s Early Childhood Education Program. EVIT and the County are
collectively referred to as the “Parties” and individually as a “Party.”
WHEREAS the Parties desire to facilitate educational, internship, and other hands-on
training experiences for EVIT’s students (“Students”) as part of their overall education and which
may qualify for academic credit, as determined by EVIT; and
WHEREAS, the Parties mutually agree that the County, through its Department, is willing
to provide educational, internship, and other hands-on training experiences to EVIT’s Students,
and shared performance between Department professional staff and students shall be
encouraged as available during the internship experience; and
WHEREAS, it is to the mutual interest of and to the mutual advantage of the Parties to
cooperate in the hands-on training opportunities of Students, to ensure competence, and promote
quality early childhood education opportunities; and
NOW, THEREFORE, IT IS MUTUALLY AGREED that EVIT may place selected Students
in the educational, internship, and other hands-on training experiences provided by the
Department (collectively, the “Program”) according to the following terms and conditions:
1.
Program Description and Mutual Responsibilities of the Parties.
1.1
EVIT shall retain full control and responsibility for the academic education of the
Students. Any educational goals and objectives for the Program internship must be provided by
the School to the Department prior to the start of the internship and will be subject to the
Department’s acceptance and approval.
1.2
EVIT and the Department shall each designate a Program coordinator who shall
serve as a liaison to the Program and shall be reasonably available for consultation with the other
respective coordinator concerning each Student’s qualifications, performance evaluation, and the
curriculum of the Program.
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1.3
The number of Students accepted into the Program and schedule of educational,
internship, and other hands-on training assignments shall be arranged in advance by mutual
agreement between the Department and EVIT. In the event it becomes necessary to cancel a
reserved space or change a student assignment, EVIT will immediately notify the Department.
1.4
EVIT agrees to designate for participation in the Program only those students who
are at least 18 years of age; who are in good standing, possess a satisfactory record, have met
the minimum requirements established by EVIT for the Program and who have been educated in
the performance of the skills necessary to participate in the Program.
1.5
From time to time, EVIT may wish to conduct research studies that include
Department activities at the Program locations. EVIT may only conduct research studies, the
results of which may benefit the Department, with prior written consent from the
County/Department. Such research studies shall be at no expense to the County.
1.6
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 EVIT and the Department.
1.7
An annual review by and between the designated coordinators or EVIT Director
and Department Director shall be held for the purpose of evaluating the effectiveness of and
further developing student opportunities for the Program.
2.
EVIT’s Rights and Responsibilities.
2.1
EVIT shall provide the Department in advance of each Student’s internship:
Student name and program of study; Program beginning and ending dates and total hours
required for completion; any curriculum objectives for the Program, as applicable; and any
necessary paperwork for the Program’s evaluation of the student’s performance while
participating in the Program.
2.2
EVIT shall require all Students to obtain a fingerprint clearance card in accordance
with A.R.S. §§ 36-594.01, 36-883.02, 41-1964, and 46-141, as may be amended. All applicable
legal requirements relating to fingerprinting, fingerprint clearance cards, certification regarding
pending or past criminal matters, and criminal records checks are incorporated in their entirety as
provisions of this Agreement. EVIT is responsible for knowing all legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal
matters, and criminal records checks related to the Agreement performance. EVIT shall submit
verification that Student has a clear fingerprint clearance background prior to placement in the
Program.
2.3
EVIT shall require all Students to obtain a Central Registry Background Check in
accordance with A.R.S. § 8-804, as may be amended, prior to assignment/placement in the
Program. The information contained in the Central Registry must be used as a factor to determine
placement qualifications in the Program. EVIT shall submit verification that each Student has a
clear background clearance without incidents prior to placement in the Program.
2.4
EVIT shall ensure Students provide 3 references to the Department staff on the
1st day of internship.
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2.5
EVIT shall reimburse the Department for any breakage or damage to equipment
or supplies by a Student, provided the Department provides evidence that such breakage or
damage was caused by the Student.
2.6
When EVIT and the Department deem it appropriate for the Program, EVIT shall
ensure that Students are accompanied by and supervised by EVIT faculty members while on
Program location premises.
3.
Department’s Rights and Responsibilities.
3.1
The Department will coordinate the following with the designated EVIT coordinator
for students assigned to the Program:
3.1.1 Program schedules and assignment locations;
3.1.2 assignments for each Student in the Program, and
3.1.3 oversee and modify as necessary the duties of the Students in accordance
with their learning objectives. EVIT will have right of first refusal with respect to
available dates and times.
3.2
The Department agrees to:
3.2.1 provide direct supervision of Students and practical instruction while on the
assigned premises for the Program;
3.2.2 review all notes or charting concerning Program activities or progress, if
written by a Student;
3.2.3 bring any problems concerning Students that may arise during day-to-day
Program activities to the attention of the EVIT’s designated coordinator.
3.3
When necessary and upon request of EVIT, Department will provide information
and/or reports on forms supplied by EVIT, which may be needed by EVIT for evaluation or for
compliance with accreditation standards.
3.4
The Department will at all times provide Department staff to be responsible for
services and they will not be performed by Students except as they relate to the Program
experience and academic requirements.
3.5
With respect to any activity conducted by Students under this Agreement, the
Department shall notify EVIT as soon as possible of the initiation of any investigation involving a
Student or faculty member.
4.
Family Educational Rights and Privacy Act (“FERPA”). The Department and EVIT
agree to abide by the limitations set forth under FERPA and regulations at 34 C.F.R. § 99.33
regarding the protection of educational data. Both parties acknowledge that this Agreement allows
access to educational data. The Parties shall hold that information in strict confidence and not
use or disclose educational data received from or on behalf of either Party except as permitted or
required by this Agreement, as otherwise required or allowed by law, or as authorized in writing
by Student.
5.
Termination of Student Experience. Notwithstanding any other provisions in this
Agreement, the Department may terminate the participation of a Student in the Program if the
Student’s work, conduct, or health might, in the Department’s sole discretion, have detrimental
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effect on the Program, staff, or operations. The Department shall not be arbitrary or discriminatory
in the exercise of this right.
6.
Student Expenses, Health Insurance and Emergency Medical Care. Students are not
deemed to be employees of the County or Department by virtue of this Agreement. Neither Party
shall be obligated to provide for Students’ transportation to and from the Program locations or for
health insurance for Students. Students shall be responsible for maintaining their own health
insurance throughout the entire term of their participation in the Program. Students shall not be
entitled to any defense or indemnity by the County, or to any compensation from the County for
activities performed while participating in the Program.
7.
Indemnification. To the fullest extent permitted by law, each Party shall defend,
indemnify, and hold harmless the other Party, its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and commissions
for, from, and against all claims, damages, losses and expenses, including, but not limited to,
attorney 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 Party’s performance of this Agreement. Each Party’s duty to defend, indemnify,
and hold harmless the other Party, its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions 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 8 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.
8.
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 $2,000,000 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 30 calendar days prior written notice to the other Party of any
modification or termination of required insurance.
9.
Relationship of the Parties. This Agreement shall not constitute, nor shall it be construed
or deemed to constitute, a partnership or joint venture between the parties. On the contrary, such
parties shall remain separate corporate entities, and each shall continue to conduct its own
business and affairs under the control of its own officers and Board of Directors or Trustees, as
the case may be with each Board of Directors or Trustees remaining solely responsible in all
respects for the management and conduct of the business and affairs of its institution. The Parties
acknowledge that students are not employees of the County/Department or EVIT.
10.
Term. Unless terminated earlier as described in Section 11 below, the term of this
Agreement shall be for three years from the Effective Date. The County may, at its option and
with the agreement of the School, renew the term of this Agreement for an additional two-year
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term up to a maximum of five years, provided the Parties are in compliance with the terms and
conditions of this Agreement. Extension must be in writing and approved and signed by both
Parties. EVIT must provide notice of intent to renew 60 calendar days prior to the end of the
original Agreement term.
11.
Termination of Agreement.
11.1
Either Party may terminate this Agreement at any time upon 60 days’ prior written
notice. Either Party may also terminate this Agreement at any time if the other Party defaults in
any way of its obligations, but only if such default shall have continued for a period of 30 days
after receipt of written notice by the other Party. In any event, students participating in the program
shall be entitled to complete the current Program.
11.2
The County has the right to terminate this Agreement upon 24-hour notice when
the County determines that the health or welfare of the service recipients are endangered.
11.3
If not terminated by one of the above methods, then this Agreement shall terminate
upon the expiration stated, or expiration of the extended term, as both described in Section 10
(Term).
12.
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:
For School:
Paula Corbin, Director
Instructional Programs
East Valley Institute of Technology
1601 W. Main street
Mesa, AZ 85201
pcorbin@evit.com
480-461-4173
For Program:
Eve DelReal, Assistant Director
Early Education Division
Maricopa County Human Services
Department
234 North Central Avenue, 3rd Floor
Phoenix, Arizona 85004
Eve.DelReal@maricopa.gov
602-372-3710
13.
Amendments. This Agreement may be amended only in writing signed by authorized
representatives of EVIT and the County.
14.
Advertising, Names, and Marks. 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.
15.
Assignment. Neither Party shall assign any right nor delegate any duty under this
Agreement without the prior written consent of the other Party, which consent shall not be
unreasonably withheld. 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.
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16.
Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Arizona. Exclusive venue for any actions or proceedings related to or
stemming from this Agreement shall be in the state or federal courts sitting in Phoenix, Arizona.
17.
Conflict of Interest. The Parties’ 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, 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.
18.
Enforceability and Waiver. The invalidity or unenforceability of any terms or provisions
of this Agreement shall in no way affect the validity or enforceability of any other terms or
provisions. The waiver by a Party of a breach of any provisions of this Agreement shall not operate
as or be construed as a waiver of any subsequent breaches of this Agreement.
19.
Written Certification Under A.R.S. § 35-393.01. If the School engages in for-profit
activity and has 10 or more employees and, if this Agreement has a value of $100,000 or more,
then EVIT certifies it is not currently engaged in, and agrees for the duration of this Agreement to
not engage in, a boycott of goods or services from Israel. This certification does not apply to a
boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
20.
Survival. The indemnification, hold harmless, and defense provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and shall
survive the termination or expiration of this Agreement.
21.
Non-exclusive Agreement. Each Party will retain complete control over such programs
of its own that are outside of this Agreement. Further, each Party may enter into similar
agreements with other training or education institutions, provided that such agreements do not
materially interfere with the ability of each Party to carry out its obligations under this Agreement.
22.
Compliance with Laws. Each Party shall, to the extent such provisions apply, comply
with all applicable 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; Title IX of the Education Amendments of 1972; 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, as amended by Executive order 2023-01, which mandates that
all persons shall have equal access to employment opportunities. Unless exempted under federal
law, the parties shall not discriminate against any student, employee, or applicant for employment
because of race, color, religion, sex, pregnancy, childbirth or medical conditions related to
pregnancy or childbirth, political affiliation or religious affiliation or ideas, culture, creed, social
origin or condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status.
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.
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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.
IN WITNESS, the Parties have approved and signed this Agreement as of the respective dates
written below.
FOR EAST VALLEY INSTITUTE OF
TECHNOLOGY:
By:_______________________________
Dr. Chad Wilson, Date
Superintendent
FOR MARICOPA COUNTY:
By: _________________________________
Clint Hickman, Chairman Date
Board of Supervisors
ATTESTED TO:
BY:_______________________________
TITLE:_____________________________
Date: _____________________________
ATTESTED TO:
By: _________________________________
Juanita Garza, Clerk of the Board Date
APPROVED AS TO FORM:
By: _________________________________
Deputy County Attorney Date