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HomeMy WebLinkAboutUniversity of Nevada Reno-Internship Learning Experience_A-25-088.pdf COtj County of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California 601 Board of Supervisors 93721-2198 O� 1$56 0 Telephone: (559)600-3529 FRV,t' Minute Order Toll Free: 1-800-742-1011 www.fresnocountyca.gov March 11, 2025 Present: 5- Vice Chairman Garry Bredefeld, Supervisor Luis Chavez, Supervisor Nathan Magsig, Chairman Buddy Mendes, and Supervisor Brian Pacheco Agenda No. 40. Public Health File ID: 24-1369 Re: Approve and authorize the Chairman to execute an Agreement with the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno for placement and education of staff in an internship learning experience, effective March 11, 2025 through March 10, 2030 ($0); and approve and authorize the Director of the Department of Public Health, or designee, to be the signatory on behalf of the Board of Supervisors on associated documents,forms and reports APPROVED AS RECOMMENDED Ayes: 5- Bredefeld, Chavez, Magsig, Mendes, and Pacheco Agreement No. 25-088 County of Fresno Page 42 COZj���C Board Agenda Item 40 O 1856 O FRE`'� DATE: March 11, 2025 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Agreement with the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno. RECOMMENDED ACTION(S): 1. Approve and authorize the Chairman to execute an Agreement with the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno for placement and education of staff in an internship learning experience, effective March 11, 2025 through March 10, 2030 ($0); and 2. Approve and authorize the Director of the Department of Public Health, or designee, to be the signatory on behalf of the Board of Supervisors on associated documents, forms and reports. There is no additional Net County Cost associated with the recommended actions. Approval of the recommended actions will allow the Department of Public Health (Department)to provide a supervised on-site internship learning experience, as well as training, equipment, materials and workspace for students enrolled in the Lab Aspire Director Program. This item is countywide. ALTERNATIVE ACTION(S): Should the Board not approve the recommended actions, the Department would not be able to provide an on-site internship learning experience to students, which will result in a shortage of skilled professionals in the local laboratory workforce. The lack of training opportunities could deter individuals from pursuing careers in laboratory sciences in our region. This could exacerbate the existing shortage of qualified personnel and create a cycle of understanding and inadequate healthcare services. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. The recommended agreement does not provide any compensation between the County and the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno (University). DISCUSSION: On October 10, 2023, the Board approved a revenue agreement with California Department of Public Health (CDPH)for the Lab Aspire Director Program. The program is designated for training and preparing qualified professionals to direct local California Public Health Laboratories. By offering financial support to the Lab Aspire Program, CDPH aims to develop leadership, elevate expertise, strengthen Public Health Response, address workforce shortages, and support continuous learning. County of Fresno page 1 File Number.24-1369 File Number:24-1369 Approval of the first recommended action would allow the Department to establish an agreement with the University to provide for the placement and education of students in a service-learning or internship learning experience. It is necessary for students to complete this type of internship as part of meeting the academic and regulatory requirements for the Lab Aspire Director Program. Students in the program must complete a minimum of 150 internship hours over one to three semesters and develop at least two practical work products for the benefit and use of the internship site. Because the internship focuses on the two products for the internship site, the internship is not concluded until the products are finished, even if the internship exceeds 150 hours. The agreement deviates from the County's model contract as this agreement contains a mutual indemnification clause. REFERENCE MATERIAL: BAI #54, October 10, 2023 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with University of Nevada, Reno CAO ANALYST: Ron Alexander County of Fresno Page 2 File Number.24-1369 Agreement No. 25-088 MUniversity of Nevada,Reno UNIVERSITY-ORGANIZATION AGREEMENT For Service-Learning, Internship or Field-Study Placement This agreement entered into this 111h day of March 2025 between the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno ("University"), Fresno County (the "Learning Site"),to provide for the placement and education of students in a service learning or internship learning experience ("Learning Activity"). Fresno County is the employer of the student and has agreed to place the student at the"Learning Site"for the student's internship("Learning Activity"). 1. Term: The Term of this Agreement shall be for five (5) years. The Term shall commence on March 11, 2025 and shall end on March 10,2030 2. Responsibility of the University: 2.1 The University shall provide coordination in facilitating communication between the University and/or faculty designee,the student,and the site supervisor for the Learning Site (the "Site Supervisor"). 2.2 The University and/or faculty designee shall be available for consultation with the learning site,the Site Supervisor, and the student in the event of any disagreement or problems concerning requirements. 2.3 The University shall be responsible for planning and execution of the education phase, including curriculum, administration,faculty appointments,and customary University functions,such as granting degrees and advising students. 2.4 The University shall advise the student of his or her responsibility to: a. Participate in all training required by the Learning Site. b. Exhibit professional, ethical and appropriate behavior when at the Learning Site. c. Complete all assigned tasks and responsibilities in a timely and efficient manner. d. Adhere to the policies, procedures, rules,standards and regulations of the Learning Site. e. Maintain the confidentiality of the Learning Site's proprietary information, records and information concerning its clients. f. Get a background check, a tuberculosis test,fingerprints and any other training and/or testing requirements if the Learning Site requires them. 3. Responsibilities of the Learning Site: 3.1 Orientation. The Learning Site will provide an orientation that includes a site tour, where applicable, an introduction to staff,a description of the characteristics of and risks associated with the Learning Site's operations, services and/or clients, a discussion concerning safety policies and emergency procedures, mandated reporting requirements and information detailing where students check-in and how they log their time. 3.2 Site Supervision. The Learning Site shall provide a supervised on-site experience as well as a supervisor,who shall meet with the student to provide support and to review progress on assignments and activities. 3.3 Training. The Learning Site shall provide appropriate training,equipment, materials and work space for students to conduct professional activities appropriate to the Learning Activity. 3.4 Evaluation. The Learning Site shall evaluate the student if requested by the University and contact the University if the student fails to perform assigned tasks or engages in misconduct. 3.5 Safety. a. The Learning Site shall notify the University as soon as is reasonably possible of any injury or illness to a student participating in a Learning Site activity. The Learning Site will arrange emergency care or provide first aid to students in the event of an accident,injury or illness resulting from the Learning Site activity. b. The Learning Site shall ask the student to transport any person, unless the Learning Site maintains business automobile liability insurance coverage for the student. c. The Learning Site shall inform the student of any need for a background check, fingerprinting and/or a tuberculosis test, ensure that the student obtains the student's fingerprints, background check and/or tuberculosis test and maintain the confidentiality of any results as required by federal and state law. The University does not perform background checks,fingerprinting or drug testing of its students. 4. Status of Student: 4.1 Each party agrees that the student will be in a learning situation and that the primary purpose of the Learning Activity is for the student's learning.While engaged in the Learning Activity,the student shall retain the status of a student working towards the fulfillment of a degree requirement. The student is not an employee, agent, independent contractor or volunteer of the University. 4.2 With the exception of situations where the student is undertaking the Learning Activity as a paid employee of the Learning Site,the student shall not displace regular employees of the Learning Site. To the extent that the student is participating in a paid internship or paid Learning Activity,the student shall be considered an employee of the Learning Site. The student shall be paid by Learning Site and the student shall be covered under Learning Site's worker's compensation and liability insurance. 5. Discipline of Student 5.1 The Learning Site may remove the student from placement for violating Learning Site rules or regulations and professional codes/standards for such actions as the Learning Site views as detrimental to its operations. The Learning Site shall notify the University immediately after final action is taken. 5.2 The University shall have full responsibility for the conduct of any student academic or disciplinary proceedings and shall conduct the same in accordance with all applicable codes,statutes, rules,regulations and law. 6. Insurance 6.1 The Learning Site shall procure and maintain General Liability insurance, comprehensive or commercial form with $1,000,000 minimum limit for each Occurrence and minimum limit of$2,000,000 General Aggregate or provide documentation that the Learning Site is self-insured. If the Learning Activity provides services that are medical or clinical in nature, the Learning Site shall maintain medical malpractice insurance with limits of at least$1,000,000 per claim and$3,000,000 annual aggregate for each of its medical staff personnel and ensure that any contracted medical providers have current medical malpractice insurance in amounts equal to those provided bythe Learning Site. The Learning Site shall procure and maintain Workers Compensation insurance if required by applicable state statute. If the student is participating in a paid internship or paid Learning Activity, the student shall be considered an employee of the Learning Site and shall be covered under the Learning Site's worker's compensation and liability insurance. If the student is not being paid,the student shall be considered a volunteer and the Learning Site shall provide insurance coverage for the volunteering student either under its workers'compensation policy or a volunteer accident insurance policy.The University shall be named as an additional insured for general liability arising from this Agreement and be added to the insurance policy as an"additional insured". 6.2 NSHE is self-insured for its general liability exposure in accordance with the provisions of NRS Chapter 41. As a state agency,the University and NSHE are included in this self-insured program. 2 1 P a g e [Org Agreement—General 2023-20241 7. Indemnification 7.1 Indemnification by Learning Site. The Learning Site shall indemnify,defend and hold harmless the University,its regents,officers,employees,agents and representatives from any and all claims,damages,losses,liabilities,liens, costs and/or expenses, including attorneys' fees, controversies, causes of action, lawsuits, proceedings, injuries (including death)and judgments arising either directly or indirectly from any act or failure to act by the Learning Site or any of their officers, employees or agents, which may occur during or which may arise out of the performance of this Agreement. 7.2 Indemnification by University.To the extent limited in accordance with NRS 41.0305 to NRS 41.039,the University shall indemnify,defend,and hold harmless Learning Site from any and all claims,damages,losses,liabilities,liens, costs and/or expenses, including attorneys'fees, controversies, causes of action, lawsuits, proceedings, injuries (including death)and judgments,arising either directly or indirectly from any act or failure to act by the University or any of its regents, officers, employees or agents, which may occur during or which may arise out of the performance of this Agreement.The University shall assert the defense of sovereign immunity as appropriate in all cases,including malpractice and indemnity actions. University's indemnity obligation for actions sounding tort is limited in accordance with the provisions of NRS 41.035 to$200,000 per cause of action. 8. Compliance With Federal,State and Local Laws. Each party shall continue to be in compliance with all applicable federal,state and local laws,codes, regulations, rules and orders. 8.1 Discrimination. Each party agrees to fully comply with all applicable state and federal non-discrimination laws. The Learning Site agrees to accept, assign, supervise, and evaluate qualified students regardless of a student's age,disability,whether actual or perceived by others(including service-connected disabilities),gender(including pregnancy related condition), military status or military obligations, sexual orientation, gender identity or expression,genetic information, national origin,race,or religion. 9. Confidentiality of Records 9.1 The Learning Site agrees to treat all records relating to the student confidentially and not to disclose student records except to the University, and Learning Site officials who have a legitimate interest in the information, consistent with their official responsibilities. 9.2 The parties agree to comply with the Family Educational Rights and Privacy Act of 1974 ("FERPA"), and all requirements imposed by or pursuant to regulation of the Department of Education and the University to the end that the rights and privacy of the students enrolled in the University are not violated or invaded. No access to individual student data shall be granted by the parties to any other person, agency or organization without the written consent of the student, except for sharing with other persons within the University or the Learning Site, so long as those persons have a legitimate interest in the information. 10. Termination: 10.1 This Agreement may be terminated by any party for any reason upon ninety(90)days prior written notice. 10.2 Notwithstanding any termination under this Agreement, once a student has been accepted by the Learning Site, and so long as the student remains in good standing in the University and within the Learning Site's performance standards,and the student's assignment has not otherwise ended,the student shall be allowed to finish his or her Learning Activity experience at the Learning Site. 11. Miscellaneous 11.1 Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements,oral or written, and all other communications between the 3 1 P a g e [Org Agreement—General 2023-2024] parties relating to such subject matter. This Agreement may not be amended,supplemented or modified except by mutual written agreement by the parties. 11.2 Invalid Provisions. If any provision of this Agreement is held to be invalid or unenforceable for any reason,this Agreement shall remain in full force and effect in accordance with its terms,disregarding such unenforceable or invalid provision. 11.3 Force Majeure. A party shall not be deemed to be in violation of this Agreement if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, governmental restrictions, governmental regulations, governmental controls, act of public enemy, pandemics, epidemics or other outbreaks of diseases or other infections accidents, fires, explosions, or acts of God, including,without limitation, earthquakes,floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse,and the excused party is obligated to promptly perform in accordance with the terms of the Agreement after the intervening cause ceases. 11.4 Governing Law. This Agreement shall be governed, interpreted,construed and enforced in accordance with the laws of the State of Nevada,with venue in the City of Reno and County of Washoe. 11.5 Assignment. A party may not assign or transfer any of its rights, duties or obligations under this Agreement, in whole or in part,without the prior written consent of the other parties. 11.6 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns,and no other party shall be a beneficiary hereunder. 11.7 Notice. Notices required by this Agreement shall be in writing, delivered personally, by certified or registered mail, or by overnight courier, and shall be deemed to have been given when delivered personally or when deposited in the United States mail, postage pre-paid,or with an overnight courier, addressed as follows: To Learning Site: To University: Name:David Luchini, Director David K.Shintani Company: Fresno County Department of Public Health Vice Provost, Undergraduate Education Address:1221 Fulton St., Fresno, CA 93721 University of Nevada, Reno Phone: 559-600-3357 1664 N.Virginia Street Clark Admin 110 Email:luchini@fresnocountyca.gov Reno,Nevada 89557 Telephone No.:775-784-1740 Email:shintani@unr.edu 11.8 No Joint Venture. In no event shall this Agreement be construed as establishing a partnership,joint venture or similar relationship between the parties hereto. Each party is an independent contractor, and is not the agent, employee or servant of any other, and each party is responsible only for its own conduct. 11.9 Use of Name or Logo. Nothing contained in this Agreement confers on a party the right to use the other party's name without prior written permission,or constitutes an endorsement of any commercial product or service by the University. 4 1 P a g e [Org Agreement—General 2023-2024] 11.10 Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. LEARNING SITE BOARD OF REGENTS OF THE NEVADA SYSTEM OF Fresno County HIGHER EDUCATION,ON BEHALF OF THE UNIVERSITY OF NEVADA, RENO (Name) Recommended By: . Approved: By Signed:, - Office of Servi a Learning and Civic Engagement Printed: Ernest Buddy Mendes Approved: Title: Chairmen of the Board of Supervisors of the County of Fresno Date: _ 3-ll-aDo35 David K.Shintani Vice Provost Under radu to Education ATTEST: BERNICE E.SEIDEL Date: Clerk of the Board of Supervisors d2 County of Fresno,State of California By_ Deputy S Page [Or9 Agreement—General 2023.20241