PEP%20-%20STANDARD%20STUDENT%20PLACEMENT%20-%20Moses%20Lake%20School%20District-.pdf

Parent document: Regular Meeting following Surplus Hearing at 6_00 P.M.-10-17-2024.pdf

Text

DURATION

PURPOSE

GENERAL TERMS



8. Statements of performance objectives for this educational experience will be the joint
responsibility of the University and the Facility personnel.

9. Each Student must adhere to the Facility’s established dress and performance standards.

10. Each Student is expected to complete Facility required training related to privacy of Facility student
information or data prior to starting any educational experience at the Facility.

IV. FACILITY’S OBLIGATIONS

1. The Facility agrees to appoint a qualified mentor who is responsible for the educational activities
and supervision of the University Students participating under this Agreement.

2. The Facility agrees to submit to the University an evaluation of each Student’s progress. The format
for the evaluation is established by the University.

3. If the Student is not paid for the educational experience, Students are not deemed to be employees
of the Facility during the duration of the experience by virtue of this Agreement.

If the Student is paid by the Facility for the educational experience, the Facility will provide
compensation to the Student as agreed upon between the Facility and the Student. The Facility
also agrees that the Student is considered an employee for the duration of the experience and is
covered by the Facility’s liability insurance and other employee related benefits.

If the Student is paid by the Facility for the educational experience, the Facility shall engage the
Student as a ’temporary employee” subject to the provisions of the Fair Labor Standards Act (FLSA)
as a non-exempt employee in compliance with the minimum wage laws and applicable overtime.

Any such employment arrangement or employment contract between the Student and the Facility:

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a. shall be “at-will” which means that the Student or the Facility may terminate the employment
at any time, with or without cause and with or without notice;

b. shall not restrict or limit the Student’s ability to seek employment or educational experiences
in any capacity at any other organization;

c. shall not incorporate any “non-compete” or “restraint of trade” undertakings by the Student;

d. shall not restrict, limit, or prejudice the Student in the case of early termination, resignation,
or withdrawal from the educational experience/employment;

e. shall not incorporate any “liquidated damages”, deduction of salary or liability undertakings by
the Student for termination prior to the end of the contract term.

4. The Facility is responsible for the acts and omissions of Facility employees and agents and must
maintain adequate insurance (which may include a bona fide self-insurance program) to cover any
liability arising from the acts and omissions of the Facility’s employees and agents. The Facility is
not responsible for maintaining insurance to cover liability arising from the acts and omissions of
the employees and agents of the University.

5. Nothing in this Agreement is intended to modify, impair, destroy, or otherwise affect any common
law, or statutory right to indemnity, or contribution that the University may have against the
Facility by reason of any act or omission of the Facility’s employees or agents.

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6. The Facility shall retain primary responsibility for its students and faculty.

7. The Facility acknowledges the risk of the spread of COVID-19 in the workplace and has
implemented enhanced health and safety measures, in accordance with guidelines from the U.S.
Centers for Disease Control and Prevention, and of other regulatory institutions, in response to the
COVID-19 pandemic. The Facility shall ensure that such health and safety measures are afforded
to, and provided for, all Students assigned to the Facility.

V. UNIVERSITY’S OBLIGATIONS

The University will designate faculty or other representatives to coordinate scheduling, provide
course information and objectives, assist in advising, and supervising Students.

2. The University will be responsible for developing and carrying out procedures for Student selection
and admission.

3. The University is an Arizona public institution of higher education and is self-insured through the
Arizona Department of Administration Risk Management Division pursuant to Arizona Revised
Statutes (“A.R.S.”) §41-621, et seq. to cover liabilities arising from the acts and omissions of the
University’s employees, Students, and agents participating under this Agreement. The University
is not responsible for maintaining insurance coverage for liability arising from the acts and
omissions of the Facility’s employees and agents.

4. The University reserves the right to withdraw any Student from the assigned educational
experience at the Facility when, in the University’s judgment, the educational experience no longer
meets the needs of the Student or the Facility is not meeting its obligations as set forth in this
Agreement.

5. The University assures the Facility that all Students placed will have a valid fingerprint clearance
card. The University will provide a copy of the card or the Identified Verified Prints (“IVP”) number
at the time of the request for placement. The University will conduct periodic checks on the
fingerprint clearance card throughout the Student’s placement to ensure the continued validation
of the fingerprint clearance card. The University will immediately remove a Student whose card
becomes invalid.

6. The University shall ensure that Students review and understand their responsibilities under this
Agreement as outlined in Appendix A.

Vi. STATE OF ARIZONA PROVISIONS

1. Nondiscrimination. The parties agree to comply with all applicable state and federal laws, rules,
regulations, and executive orders governing equal employment opportunity, immigration,
nondiscrimination, including the Americans with Disabilities Act, and affirmative action.

2. Notice of Arbitration Statutes. Pursuant to A.R.S. §12-1518, the parties acknowledge and agree,
subject to the Arizona Board of Regents Policy 3-809, that both parties may be required to make
use of mandatory arbitration of any legal action that is filed in the Arizona Superior Court
concerning a controversy arising out of this Agreement if required by A.R.S. §12-133.

3. Conflict of Interest. The parties agree that this Agreement may be cancelled for conflict of interest
in accordance with A.R.S. §38-511. The Facility certifies that no such conflict of interest currently
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exists and that there are no relevant facts or circumstances which could give rise to any actual or
potential organizational or personal conflict of interest.

4. Cancellation for Lack of Funding. If either party’s performance under this Agreement depends
upon the appropriation of funds by the Arizona Legislature or governing board, and if the Arizona
Legislature or governing board fails to appropriate the funds necessary for performance, then
either party may provide written notice of this to the other party and cancel this Agreement
without further obligation of either party. Appropriation is a legislative act and is beyond the
control of either party.

5. Student Educational Records. Student educational records are protected by the U.S. Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations (“FERPA”).
Facility will not require any University Students or employees to waive any privacy rights (including
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. The Facility 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 the Student or as otherwise provided by law. If
this Agreement requires or permits Facility to access or release any student records, then, for the
purposes of this Agreement only, the University designates Facility as a “school official” for the
University under FERPA, as that term is used in FERPA.

6. Representations Regarding Relationship and Use of University Marks. Except as otherwise agreed
in writing, the parties acknowledge that the relationship created by this Agreement is limited to
the Student educational experience or placement program contemplated herein. Neither party
shall make any representations stating or implying that the parties engage in broader transactions
or that a party is otherwise associated with the other party without first obtaining express written
permission from the other party. In addition, neither party shall use any trade name, trademark,
service mark, logo, domain name, nor any other distinctive brand feature owned or used by the
other party without prior written authorization from the other party.

7. Inspection and Audit. All books, accounts, reports, files and other records relating to this
Agreement shall be subject at all reasonable times to inspection and audit by the University, or the
Auditor General of the State of Arizona, or their agents for five (5) years after the completion of
this Agreement. Such records shall be provided at Northern Arizona University, Flagstaff, Arizona,
or such other location as designated by the University, upon reasonable notice to the Facility.

8. Arizona Public Records Laws. The Facility acknowledges that the University is a public entity
subject to the provisions of the Arizona Public Record Laws, A.R.S. §§ 39-121, et seq.

VII. MISCELLANEOUS
1. Neither party shall assign this Agreement without the prior written consent of the other party.

2. Each party to this Agreement shall be responsible for each party’s own costs for performance of
its respective obligations. The parties do not currently anticipate the need for a budget but will
create one should the need arise.

3. This Agreement constitutes the entire agreement and understanding of the parties with respect to
its subject matter. No prior or contemporaneous agreement or understanding will be effective.
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This Agreement may not be modified or amended except by written instrument signed by both
parties. This Agreement and all claims arising out of or relating to this Agreement shall be governed
exclusively by the laws of the State of Arizona, the courts of which shall have jurisdiction over its
subject matter.

Neither party shall be held responsible for any losses resulting if the fulfillment of any terms or
provisions of this Agreement are delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the exercise of reasonable diligence,
said party is unable to prevent (“force majeure event”), including but not limited to acts of God,
war, civil disturbance, terrorism, disaster, fire, earthquakes, hurricanes, known or suspected
threats of illness, epidemics, pandemics, or government regulation. This Agreement may be
terminated without further obligation or penalty, including cancellation fees or liquidated
damages, of either party upon written notice from the affected party to the other party of such
force majeure event.

This Agreement may be executed in counterparts, each of which will be deemed to be an original
but all of which, taken together, shall constitute one and the same agreement. The exchange of
copies of this Agreement and of signature pages by electronic means shall constitute effective
execution and delivery of this Agreement as to the parties and may be used in lieu of the original
Agreement for all purposes. Signatures of the parties transmitted by electronic means shall be
deemed to be their original signatures for all purposes.

Any notice to the parties shall be in writing and shall be deemed given if delivered in person,
electronic mail with delivery receipt, or three (3) days after mailing by United States registered or
certified mail, postage prepaid, and addressed as follows:

To Facility:
Moses Lake School District
Nallely Escobedo
1620 S. Pioneer Way
Moses Lake, WA 98837
Phone: 509-766-7725
Email: hr@mlsd161.org

To University:
Northern Arizona University
Associate Dean, College of Education and Professional Education Programs
PO Box 5774
Flagstaff, AZ 86011

Email: NAUStudentTeaching@nau.edu
with a copy to:
Northern Arizona University
Contracts, Purchasing and Risk Management

PO Box 4124
Flagstaff, AZ 86011

Email: NAU-Contracts@nau.edu

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The undersigned have read the foregoing Agreement and, as authorized signatories of the undersigned
respective entities, hereby agree to be bound by it.

University: Arizona Board of Regents for Facility: Moses Lake School District
and on behalf of Northern
Arizona University

Signature: Signature:
Print Name: Print Name:
Title: Title:

Date: Date:

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APPENDIX A

STUDENT RESPONSIBILITY STATEMENT

This acknowledgment is made by the Student identified below to acknowledge certain duties and responsibilities with regard
to participation in an educational experience in the Arizona Board of Regents for and on behalf of Northern Arizona University
(“University”) program at the location where the educational experience takes place (“Facility”).

DUTIES AND RESPONSIBILITIES OF STUDENT

1.

10.

11.

The Student will complete and be responsible for the cost of providing all health forms, health insurance, testing,
and certificates requested by the Facility.

The Student will comply with all applicable policies, procedures, and rules of the Facility.

The Student will participate in orientation, required mandatory education, and skill training as required by the
Facility.

The Student will demonstrate professional behavior appropriate to the environment, including adhering to the
Facility’s established dress code and maintaining high standards at all times.

The Student will follow the policies, rules, and regulations of the Facility, including those regarding confidentiality of
information.

The Student’s conduct at all times, both at the Facility and outside normal business hours, will be in a personally and
professionally ethical manner.

The Student will make appropriate arrangements for transportation and housing, if necessary, and be responsible
for all travel and living expenses incurred in relation to the educational experience.

The Student agrees that the University may share information received from a Student's Criminal Background
Check and Drug Testing with the Facility, if applicable.

The Student will conform to the work schedule of the Facility and make up time and work missed during
unavoidable illnesses, in consultation with Facility supervisor, the Student’s University placement coordinator
and/or instructor.

The Student will obtain prior written approval from University and the Facility before publishing or presenting any
material relating to the educational experience outside the normal educational settings of the University.

The Student acknowledges the inherent risk of exposure to COVID-19 which exists in any public place where
people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By
participating in the program, the Student assumes all risks related to exposure to COVID-19.

| HAVE READ AND UNDERSTAND THIS ACKNOWLEDGMENT AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS:

Student Name:

(Please type or print)

Student Signature Date

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