HomeMy WebLinkAboutE-8 Staff Report - APU KinesiologyCONSENT ITEM
E-8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
DATE: DECEMBER 21, 2020
SUBJECT: APPROVAL OF AN INTERNSHIP AFFILIATION AGREEMENT WITH AZUSA
PACIFIC UNIVERSITY DEPARTMENT OF KINESIOLOGY
BACKGROUND:
Azusa Pacific University, through its curriculum in Kinesiology, requires internships. The City of
Azusa Community Resources Department views this internship opportunity as a valuable asset and
would like to enter into the Internship Affiliation Agreement (Agreement) in order to utilize the intern’s
skillset in a variety of different ways.
RECOMMENDATION:
Staff recommends that City Council take the following action:
1) Approve an Internship Affiliation Agreement with Azusa Pacific University to provide
Kinesiology intern(s); and,
2)Authorize the City Manager to execute an Agreement with Azusa Pacific University, in a form
acceptable to the City Attorney, on behalf of the City.
ANALYSIS:
Azusa Pacific’s Kinesiology Program focuses on developing professionals who focus on the whole
person; body, mind and spirit. Exercise, movement and sport help individuals thrive by improving
health, fitness and quality of life. An essential component of the Kinesiology curriculum requires
students to participate in an internship. Community Resources, through its current and future
programming, feels that the kinesiology internship opportunity is mutually beneficial to both the student
and the Community Resources Department and therefore seeks to enter in to the Agreement. The
Agreement, once executed, remains in place until terminated in writing by either party. Either party
may terminate the Agreement with thirty (30) days’ written notice.
APPROVED
CITY COUNCIL
12/21/2020
Azusa Pacific University Internship Agreement
December 21, 2020
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The intern will work as directed by a Recreation Division staff member that will be assigned as the
Director of Community Resources. The work conducted by the intern may be any of the following:
research, program development and/or evaluation, or special projects focuses on health, wellness,
fitness, coaching, sports, or other management topics.
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) Internship Affiliation Agreement
AZUSA PACIFIC UNIVERSITY DEPARTMENT OF KINESIOLOGY INTERNSHIP
AFFILIATION AGREEMENT
This agreement is entered into by and between Azusa Pacific University through its Department
of Kinesiology (“University”) and the following facility (“Facility”):
NAME OF FACILITY: City of Azusa
BUSINESS ADDRESS: 213 E. Foothill Boulevard
CITY: Azusa STATE:CA ZIP:91702
WHEREAS :
the University has a curriculum in Kinesiology;
the internship experience is a required and integral component of the University’s
Kinesiology curriculum;
the University desires the cooperation of Facilities in the development and
implementation of the internship experience phase of its Kinesiology curriculum;
the Facility recognizes its professional responsibility to participate in the education of the
University’s Kinesiology students; and
the Facility wishes to join the University in development and implementation of
an internship program for Kinesiology students (“Program”).
NOW, THEREFORE , in consideration of the mutual agreements set forth herein, the University
and the Facility enter into this agreement (“Agreement”) on the terms and conditions set forth
below.
I.The University and the Facility mutually agree:
A.To cooperate in establishing the educational objectives for the internship
experience and devising methods for their implementation (together referred to as
the “Program”), and to continually evaluate the Program to determine the
effectiveness of that experience.
B.To make no distinction among students covered by this Agreement on the basis of
race, color, religion, national origin, gender, age, disability, or status as a veteran
or any other classifications protected by the laws of the United States of America
and the State of California.
C.That the students will be in a learning situation and that the primary purpose of the
placement is for the students’ learning. Students should perform only duties as a
part of their training and under the direct supervision of a Facility employee.
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Attachment 1
II. The University agrees:
A. To appoint an Internship/Clinical Coordinator as the liaison between the University and the Facility, who will administer the University’s responsibilities
within the internship program.
B. To notify the Preceptor and the Facility, at a time mutually agreed upon, of its
planned schedule of student assignments , including the name and academic
preparation of the student. The Internship/Clinical Coordinator shall negotiate
internship assignments and prepare students for placement with facilities.
C. To advise assigned students that they will be subject to the Facility’s policies,
procedures, organizational protocols, rules and regulations and all reasonable
directions given by qualified Facility Personnel while providing services pursuant
to this Agreement.
D. To ensure that students have been accepted for upper division standing and have
completed the prerequisite courses necessary to participate in KIN 495 Internship
in Exercise Science, including CPR/First Aid certification.
E. The Internship/Clinical Coordinator shall monitor the progress of the student
throughout the internship and remain available as a resource to the student intern
as required. The University shall establish the criteria for evaluating the internship,
maintain communication with the preceptor, debrief the student intern, and record
and maintain the course grade in the University Registrar’s Office. The Internship,Clinical Coordinator shall, as necessary, accumulate and evaluate the
information and evaluative material provided by the student intern and the
preceptor.
F. To supply the Preceptor with appropriate forms to be used in evaluating the
performance of assigned students. The Internship/Clinical Coordinator shall make
visits once per year to the Facility in order to determine and assure that the
Internship’s educational objectives are being met, and to intervene when difficulties
arise.
G. To inform the student of any requirements maintained by the Facility for acceptance
into the internship program (i.e. health status, background checks), and to advise
assigned students regarding appropriate health and professional liability insurance.
(All students will be covered by a group professional liability insurance as required
by the terms of this Agreement, but that coverage may not apply outside of the
United States and for students being paid during their internship experience.)
III. The Organization agrees:
A. To designate a Preceptor from the Facility staff responsible for supervision of
assigned students, the planning and implementation of the internship experience,
and communications with the University. The University shall, if necessary, give
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guidance as to the nature of such criteria. The Preceptor shall directly supervise the
student interns at all times, maintaining direct verbal and visual contact with the
student while at the site. In the absence of the Preceptor, a suitable alternate person
will be designated and available.
B. To provide the Preceptor with sufficient time to supervise, plan and implement the
internship experience, and to allow the Preceptor adequate time to devote to student
instruction in the internship.
C. To provide the environment, including physical facilities and equipment, necessary
to conduct the internship experience, and to comply with applicable OSHA
standards and guidelines. The Facility shall also provide an environment of equal
opportunity for all students and interns, free of prejudice, bias, or harassment, and
to take affirmative steps to train and instruct the Preceptor to assure that these
responsibilities are clearly understood.
D. To determine the number of students on internship assignments the Facility and
Preceptor can accommodate and accept during an academic year.
E. To advise the University of any changes in its personnel, operation or policies
which may affect internship experiences.
F. To provide the assigned students, whenever possible, use of all educational
resources reasonably necessary to carry out their responsibilities in the internship
program. The Facility shall assign the student intern to challenging tasks whenever
possible within the limits of his/her abilities, and to allow the student intern the
maximum opportunity to grow through the use of skills acquired and the exercise
of judgment in making decisions.
G. To provide each assigned student with a copy of the Facility’s existing pertinent
rules, regulations and policies with which the student is expected to comply. The
Facility shall instruct student interns as to emergency procedures, protocol for
suspected exposure to blood•borne pathogens, confidentiality, facility care and
maintenance, record•keeping, dress code, and any other issues specific to the site.
H. To make available, whenever possible, emergency health care for the student intern.
The student intern will otherwise be responsible for his or her own health care.
I. To meet with the student intern periodically to inform her/him of her/his progress
and to complete the midterm and final evaluation forms provided by the University.
The Facility shall evaluate the performance of the assigned student intern on a
regular basis throughout the internship assignment, using the evaluation form
supplied by the University. The completed evaluation will be forwarded to the
University by the applicable due dates of each semester.
J. To maintain communication with the Internship/Clinical Coordinator regarding any
concerns or problems that may arise, and to advise the University, at least by
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midterm, of any serious deficiency noted in the ability of an assigned student intern
to progress toward achievement of the stated objectives of the internship
experience.
K. To have and reasonably exercise the right to terminate any student intern whose
health or performance is a detriment to student wellbeing or to achievement of the
stated objectives of the internship experience. Prior to such termination, the Facility
shall notify the Internship/Clinical Coordinator of any health or performance
concerns it may have about a student.
L. To comply with all U.S. Federal and State, as well as local laws and ordinances
concerning the confidentiality of student records, and not to disclose such records
except to University and Facility officials who have a legitimate need to know
consistent with their official responsibilities.
M. To maintain at all times full and final control over and responsibility for all
business operations and patient/client care at Facility.
IV. General Terms and Conditions:
A. Insurance. Each party to this Agreement shall provide and maintain Workers’
Compensation including Employer’s Liability insurance as required under the laws
of the State of California. In addition, each party shall provide and maintain at its
own expense a program of insurance covering its activities and operations
hereunder with respect to the negligent acts or omissions of itself, its employees,
agents, and/or students. Such program of insurance shall include, but not be limited
to, comprehensive general liability and professional liability. The general liability
insurance shall have a minimum coverage of $1,000,000 and $3,000,000 aggregate.
The professional liability insurance shall carry a single limit of not less than
$1,000,000 per occurrence and $3,000,000 aggregate.
B. Status of Students. The employment status of students and the responsibility for
insurance coverage for student activities depends upon the status of the students as
set forth below:
1. Students Participating in Unpaid Internship not at Student’s Place of
Employment: It is understood by the parties that the University’s students are fulfilling
specific requirements for clinical experiences as part of a degree
requirement, and therefore, the University’s students do not thereby become
employees or agents of University or Facility by virtue of their clinical
training. The University shall be responsible for providing general liability
and professional liability coverage for such students, pursuant to Section
IV.A (Insurance) of this Agreement.
2. Students Participating in Unpaid Internship at Student’s Place of
Employment:
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It is understood by the parties that the University and Facility shall keep the
clinical training and work duties of the University’s students strictly
separate. The University shall be responsible for providing general liability
and professional liability coverage for such students’ clinical training,
pursuant to Section IV.A (Insurance) of this Agreement, and the Facility
shall be responsible for providing insurance coverage for such students’
activities as an employee.
3. Students Participating in Paid Internship:
If the University’s students are provided with a nominal stipend from the Facility intended to reimburse them for estimated expenses related to their
clinical training, the University’s students do not thereby become
employees or agents of the Facility, and the University shall be responsible
for providing general liability and professional liability coverage for such
students pursuant to Section IV.A (Insurance) of this Agreement; however, Facility shall be responsible for issuing a Form 1099
reporting the stipend to the Internal Revenue Service. If, however, the University’s students are paid by the Facility for their services, then they
become employees of the Facility, and Facility is responsible for all
employee obligations and for insuring the activities of such students,
notwithstanding Section IV.A (Insurance) of this Agreement. The Facility
is at all times responsible for care and supervision of its patients.
C. Length of Term. This Agreement shall be effective until terminated in writing by
either party. This Agreement may be terminated by either party upon at least thirty
(30) days’ written notice by the terminating party. Should notice of termination be
given, students assigned to the Facility shall be allowed to complete any previously
scheduled field assignment in progress at the Facility.
D. 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 legally liable.
E. Waivers and Modifications. No modification or waiver of any of the terms and
conditions of this Agreement shall be effective unless such modification or waiver
is expressed in writing and executed by each of the parties hereto.
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F. Third-Party Beneficiary Rights. This Agreement shall not create any rights,
including without limitations third party beneficiary rights, in any person or entity
not a party to this Agreement.
G. Notice or communication. Any notice or communication shall be deemed to have
been given and received: (i) in the case of personal service, on the day of delivery;
(ii) in the case of air courier, two days after the day of delivery; (iii) on the third
business day after having been sent by registered or certified mail, return receipt
requested, with written verification of receipt; and (iv) in the case of facsimile, on
the next business day after having been sent by facsimile, with written verification
of receipt, provided that a copy of such notice also is sent by registered or certified
mail. The address to which notices and demands shall be delivered or sent may be
changed from time to time by notice served by a party upon the other party in
accordance with this Agreement.
H. Assignment. This Agreement or any part hereof shall not be assigned or otherwise
transferred by any party without the prior written consent of the other parties.
I. Relationship of Parties. The parties are acting herein as independent contractors
and independent employers. Nothing herein contained shall create or be construed
as creating a partnership, joint venture, employment, or relationship between any
of the parties and no party shall have the authority to bind another party in any
respect.
J. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
K. Entire Agreement. This Agreement shall constitute the final, complete and
exclusive written expression of the intentions of the parties hereto and shall
supersede all previous communications, representations, agreements, promises or
statements, either oral or written, by or between either parties.
L. Copies of Agreement. Email and fax versions of signed affiliation agreement will
be considered legally valid.
M. Notices. All notices pursuant to this Agreement shall be directed as follows:
To the University: To the Facility:
Dr. Susan Hebel Miki Carpenter
Internship/Clinical Coordinator Director of Community Resources
Department of Kinesiology City of Azusa
Azusa Pacific University 213 E. Foothill Blvd.
701 East Foothill Blvd., P.O. Box 7000 Azusa, CA 91702
Azusa, CA 91702
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Entire Agreement: This Agreement shall constitute the final, complete and exclusive written
expression of the intentions of the parties hereto and shall supersede all previous communications,
representations, agreements, promises or statements, either oral or written, by or between either
party. This Agreement may be amended only in writing signed by each of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and warrant that
they are officially authorized to so execute for their respective parties to this Agreement.
Executed this day of , 20 . FACILITY: UNIVERSITY:
Signature: Signature:
Date: Date:
Printed Name: Sergio Gonzalez Printed Name: Robert Welsh, PhD, ABPP
Title: City Manager Title: Dean, Behavioral and Applied Sciences
PLEASE SUBMIT THIS COMPLETED APPLICATION, via email or regular mail, to:
Dr. Susan Hebel Internship/Clinical Coordinator Department of Kinesiology Azusa Pacific University 701 East Foothill Boulevard Azusa, California 91702 Phone: (805) 3580949 Email: shebel@apu.edu
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