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HomeMy WebLinkAboutE-4 Staff Report - Claremont Graduate UniversityCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, COMMUNITY RESOURCES DIRECTOR DATE: NOVEMBER 2, 2020 SUBJECT: APPROVAL OF AN INTERNSHIP AFFILIATION AGREEMENT WITH CLAREMONT GRADUATE UNIVERSITY BACKGROUND: The Claremont Graduate University, through its School of Community and Global Health Master of Public Health and Doctorate in Public Health Programs, requires internships as part of their curriculum. The City of Azusa, in its role as the facilitator of the All in for Azusa initiative, wishes to utilize these interns for program development and evaluation. RECOMMENDATION: Staff recommends that City Council take the following action: 1)Approve a Domestic Internship Affiliation Agreement with Claremont Graduate University to provide Public Health Interns for All in for Azusa; and, 2)Authorize the City Manager to execute an Agreement with Claremont Graduate University, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: All in for Azusa is a community driven initiative, that works to create deeper, meaningful and more impactful collaboration across sectors and organizations citywide and regionally. This work aims to drive the development and integration of expanded programs and services for the residents of Azusa. The City of Azusa, as facilitator of this initiative, wishes to enter into an agreement with Claremont Graduate University, which would allow for supervised internships of Master of Public Health and Doctorate in Public Health students in order to assist with All in for Azusa program development and evaluation. APPROVED CITY COUNCIL 11/02/2020 Claremont Graduate University Internship Agreement November 2, 2020 Page 2 An integral part of the University’s Master of Public Health and the Doctorate of Public Health programs is supervised field training experience with an approved facility for which students received academic credit. The skillset of the interns, focused on and educated in Public Health, will be beneficial to the development of the All in for Azusa program. The relationship will be mutually beneficial to the Claremont Graduate University and the City of Azusa. FISCAL IMPACT: There is no fiscal impact associated with this action. The interns are provided without expense to the City. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1)Domestic Internship Affiliation Agreement Page 1 of 7 v.10.22.20 DOMESTIC INTERNSHIP AFFILIATION AGREEMENT This INTERNSHIP AFFILIATION AGREEMENT (“Agreement”) is entered into on the 2nd day of November, 2020, by and between Claremont Graduate University, through its School of Community and Global Health (“University”), and/or City of Azusa (“Facility”). Recitals A.An integral part of the University's Master of Public Health (“MPH”) and the Doctorate in Public Health (“DrPH”) program is supervised field training experience with an approved facility for which students receive academic credit. B.The University desires the cooperation of Facility in implementing supervised field internship programs in public health at Facility’s location and training University students in the practical applications of public health (“Internship Program”). C.Facility will benefit from the contributions of the University’s students participating in the Internship Program. D.Facility wishes to assist the University in implementing an Internship Program; NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the University and the Facility enter into this Agreement on the terms and conditions set forth below. The University’s Rights and Responsibilities 1. To assign students to Facility who meet the University’s requirements and qualifications to participate in the Internship Program. 2.To appoint a University faculty or staff member as “Internship Director” to administer the University’s responsibilities related to the Internship Program and to oversee the students’ field experience at Facility. 3. To approve the qualified Field Supervisor, as defined herein and as outlined in the CGU MPH Internship or DrPH Advanced Practicum student Handbook, and to establish and maintain ongoing communication with the Field Supervisor leading up to and throughout the duration of the Internship. 4.To notify the Facility’s Field Supervisor, at a time mutually agreed upon, of the University’s planned schedule of students’ assignments, including the names of the students, level of academic preparation, and length and dates of the internship experiences. 5. To inform students that they are to obtain and maintain adequate health insurance coverage while participating in the Internship Program and to assist students in providing evidence of such coverage to Facility, at Facility’s reasonable request. Attachment 1 Page 2 of 7 v.10.22.20 6. To ensure that all students participating in the Internship Program at Facility will be covered by general liability insurance, and, if applicable, professional liability insurance coverage, through the University’s insurance coverage policies in the amounts set forth under “General Provisions” herein. 7. To direct the assigned students to comply with the existing pertinent rules and regulations of Facility and all reasonable directions given by qualified Facility personnel. 8. To assume responsibility for providing grades to the students in connection with the Internship Program. 9. To promptly inform Facility in the event that a student withdraws from the Internship Program or otherwise is unable to complete the Internship Program. Facility’s Rights and Responsibilities 1. To provide one (1) qualified Facility supervisor (“Field Supervisor”) for each student enrolled in the Internship Program. Field supervisor responsibilities include the following: a. Meet with the student prior to the commencement of the field training experience; b. Orient the student to the Facility; c. With the student, develop a scope of work, which illustrates clearly tasks to be completed by the student; d. Assist the student in gaining access to information and data required the project to be completed by student; e. Monitor student’s attendance and meet with student in person, at a minimum, one hour per week; f. Provide guidance and advice to the student in the program area in which they will be located; g. Keep in contact (in person or by phone, email etc.) for the entire fieldwork period, during the hours the students are in placement; h. Appoint another staff person to supervise the student when the Field Supervisor is not available; i. Complete all necessary forms in a timely manner; j. Submit a final evaluation report of the student’s performance; k. Review policies and procedures with the Internship Director either in person, during a site visit, or by phone; and l. Any other responsibilities mutually agreed upon by the parties. Page 3 of 7 v.10.22.20 2. To complete and submit to the University an application for field placement students, with at least two weeks’ notice if possible, and to comply with the Internship Program Scope of Work. 3. To provide field experiences in accordance with the requirements of the University’s curriculum. On-site visits will be arranged when feasible and/or upon request by the University. Facility shall advise the University of any changes in its personnel, operation or policies, which may materially affect the students’ field experiences, or the Internship Program at Facility. 4. To ensure that students are given duties commensurate with their skills and experience. 5. To provide the physical facilities, resources and equipment necessary to operate the Internship Program at Facility, including, if applicable, access to and use of library facilities, and safe and reasonable work and storage space. 6. To determine and notify the University as to the number of students which it can accommodate during a given period of time and notify the University promptly prior to the commencement of the Internship Program if any restrictions will apply and for which period of time such restrictions may be in effect. 7. To provide the assigned students with a copy of Facility’s existing pertinent rules and regulations with which the students are expected to comply. 8. To provide all students participating in the Internship Program at Facility, prior to commencing in the Internship Program, all necessary information about access to emergency health care. In addition, Facility shall make available, whenever reasonably necessary, emergency health care for the assigned students, the cost of which shall be borne by the students. 9. To request the University to withdraw a student from the Internship Program at Facility when student’s performance, after warnings or recommendations for improvement have gone unheeded, has been determined to be unsatisfactory to Facility or the student’s behavior has been determined to be continually disruptive to Facility or its clients. Facility shall state its reasons for requesting a student withdrawal in writing to the Internship Director. It is understood that except as set forth in paragraph 10 below, only the University can withdraw a student from the Internship Program at Facility. 10. To immediately remove from Facility any student who poses an immediate threat or danger to personnel or the property of Facility, or such persons or clients who utilize Facility for services. Following the removal of any student, Facility shall promptly provide written notice to the Internship Director of any removal including the reasons for making such determination and a recommendation as to whether the student should continue the internship. Page 4 of 7 v.10.22.20 11. To comply with all applicable laws and ordinances concerning the confidentiality of student records. 12. To comply with all applicable laws and ordinances concerning human subject research if students participate in a research program as part of a research team. 13. To maintain general liability and, if applicable, workers’ compensation insurance coverage, that is acceptable to the University (with minimum coverage amounts as set forth herein to cover Facility, its buildings, equipment and materials, its employees and agents, and any claims relating to actions or omissions taken by Facility’s personnel. General Provisions 1. Non-discrimination. The parties shall make no distinction or discriminate in any way among students covered by this Agreement on the basis of race, color, sex (including pregnancy), religious creed, age, physical or mental disability, ancestry, sexual orientation, gender identity, marital status, national origin, or any other characteristic that is protected by the laws of the United States. 2. Coordination of Internship Program. The parties shall use reasonable efforts to establish the educational objectives for the Internship Program, devise methods for its implementation and continually evaluate to determine the effectiveness of the field experience. 3. Students Not University or Facility Employee. The parties hereto agree that the University’s students are fulfilling specific requirements for field experiences as part of a degree requirement and, therefore, the University’s students are not to be considered employees or agents of either the University or Facility for any purpose, including Workers' Compensation or employee benefit programs. 4. Insurance. Each party to this Agreement shall provide and maintain, at its own expense, a program of insurance or self-insurance covering its activities and operations hereunder. Such program of insurance or self-insurance shall include, but not be limited to, comprehensive general liability, professional liability and workers’ compensation. The general liability insurance shall have a minimum coverage of $300,000 per occurrence and $500,000 aggregate. 5. Term. This Agreement shall be effective for a period of one (1) year when executed by both parties. This Agreement will be automatically renewed annually unless otherwise indicated in writing by one of the parties at least thirty (30) days prior to the end of the term, or unless terminated in accordance with paragraph 6 below. 6. Termination. This Agreement may be terminated by either party with or without cause upon ninety (90) days’ written notice, if all students currently enrolled in the Internship Program at Facility at the time of notice of termination shall be given the opportunity to complete the Internship Program at Facility. In the event of any termination, the terms Page 5 of 7 v.10.22.20 and conditions of this Agreement shall continue to apply until all students assigned to Facility have completed the scope of work at Facility or been allowed to transfer to another facility, whichever date is sooner. 7. Mutual Indemnification. Parties each agree, to the fullest extent permitted by law, to indemnify and hold the other party, and its directors, officials, officers, employees, or authorized volunteers harmless from any damage, liability, or cost (including attorney’s fees and costs of defense) to the extent caused by the indemnifying party’s negligent acts, errors, or omissions in the performance of work under this agreement, including such negligent acts, errors or omissions by sub-contractors or others from whom the indemnifying party is legally liable, provided, however, that this indemnity shall not apply to acts, errors, or omissions attributable to the indemnified party, its directors, officials, officers, employees, authorized volunteers, sub-contractors, or to any others for whom the indemnified party is found to be legally liable by a court of law, arbitration award, or final administrative proceeding. 8. Arbitration. All controversies, claims and disputes arising in connection with this Agreement shall be settled by mutual consultation between the parties in good faith as promptly as possible, but failing an amicable settlement shall be settled finally by arbitration in accordance with the provisions of this paragraph. Such arbitration shall be conducted in Los Angeles County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties hereto hereby agree that the arbitration procedure provided for herein shall be the sole and exclusive method of resolving any and all of the aforesaid controversies, claims or disputes. The costs and expenses of the arbitration shall initially be shared equally by both parties, but ultimately will be determined by the arbitrator. The prevailing party in any arbitration will be entitled to recovery of all costs and attorneys’ fees expended in the arbitration. a) Judicial Action. Legal action for (i) entry of judgment upon any arbitration award or (ii) adjudication of any controversy, claim or dispute arising from a breach or alleged breach of this paragraph 7 may be heard or tried only in the courts of the State of California for the County of Los Angeles or the Federal District Court for the Central District of California. Each of the parties hereto hereby waives any defense of lack of in personam jurisdiction of said courts and agrees that service of process in such action may be made upon each of them by mailing it certified or registered mail to the other party at the address provided for in this Agreement. Both parties agree that the prevailing party in any such judicial action shall be entitled to recover from the non-prevailing party reasonable expenses, including without limitation, attorneys’ fees. 9. No Agency. Both parties acknowledge that they are independent contractors, and nothing contained herein shall be deemed to create an agency, joint venture, franchise or partnership relationship between the parties, and neither party shall so hold itself out. Neither party shall have the right to obligate or bind the other party in any manner whatsoever, and nothing contained in this Agreement shall give or is intended to give any Page 6 of 7 v.10.22.20 right of any kind to third persons not signatory to this Agreement. 10. Assignment. Neither party hereto shall have the right, directly or indirectly, to assign, transfer, convey or encumber any of its rights or responsibilities under this Agreement without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the University and Facility. 11. Governing Law. This Agreement shall be construed in accordance with and all disputes regarding this Agreement shall be governed by the laws of the State of California. 12. Severability. If any term or provision of this Agreement is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Agreement shall be interpreted as if such term or provision had never been contained in this Agreement. 13. Notice. All notices to be given under this Agreement (which shall be in writing) shall be given at the respective addresses of the parties as set forth below, unless notification of a change of address is given in writing. Any notice required by this Agreement shall be deemed to have been properly received when delivered in person or when mailed by registered or certified first class mail, return receipt requested, or by Federal Express to the address as given below, or such addresses as may be designated from time to time during this term of this Agreement. Claremont Graduate University School of Community and Global Health 675 West Foothill Blvd., Suite 200 Claremont, CA 91711 Phone: 909.607.6729 City of Azusa Community Resources Department 213 E. Foothill Boulevard Azusa, CA 91702 Phone: 626.812.5261 14. Authority to Sign. The parties signing below are authorized and empowered to execute this Agreement and bind the parties to the terms and conditions contained herein. 15. No Third Party Beneficiaries. This Agreement shall not create any rights, including without limitation third party beneficiary rights, in any person or entity not a party to this Agreement. 16. No Waiver. Any failure of a party to enforce that party’s right under any provision of this Agreement shall not be construed or act as a waiver of that party’s subsequent right to enforce any provisions contained herein. 17. Entire Agreement. This Agreement fully supersedes any and all prior agreements or understandings between the parties hereto or any of their respective affiliates with respect Page 7 of 7 v.10.22.20 to the subject matter of this Agreement, and no change in, modification of, or addition, amendment or supplement to this Agreement shall be valid unless set forth in writing and signed and dated by both parties hereto subsequent to the execution of this Agreement. 18. Limitation of Liability. To the maximum extent permitted by law and excluding a breach of any term of this Agreement, in no event will either party be responsible to the other for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), and regardless of whether a party was advised or had reason to know of the possibility of incurring such damages in advance. Claremont Graduate University, On behalf of the School of Community and Global Health By: ________________________________ Patricia Easton, PhD Executive Vice President & Provost CGU approval as to form and content only: By: ________________________________ Jay Orr Dean, School of Community and Global Health “FACILITY”: City of Azusa, Community Resources Department By: Sergio Gonzalez City Manager Please return this agreement to: Bree Hemingway, MPH Assistant Director, MPH Program Claremont Graduate University 675 W. Foothill Blvd., Ste. 200 Claremont, CA 91711 Phone: (909) 607-7292 Fax: (909) 592-8411 e-mail:bree.l.hemingway@cgu.edu