HomeMy WebLinkAboutBrown Mackie College for Externship Programf~ ~
v
BROWN HACKIE COLLEGE
BOISE'"
9050 Overland Road, Boise, ID 83709
208-321-8784 ,Fax 208-375-3249
~~ ~~~
f ~
r ~!~ f ~~ /
MEMORANDUM OF UNDERSTANDING
between
Brown Mackie College Boise
And
as Extern Site)
This agreement is entered into by Brown Mackie College Boise (hereinafter referred to as .the
School} as further identified on the signature page hereto and the EXTERN SITE (herein referred
to as the Site), further identified on the signature page hereto. The purpose of this agreement is
to delineate the responsibilities ofeach party in the externship experience.
It is agreed by BROwN HACKIE COLLEGE BOISE and the SITE as follows:
The School reserves to itself and will perform the functions of an institution of higher learning
and the administrative and educational program functions normally associated with such an
institution. Incident to this Memorandum of Understanding, the SCHU4L shall:
1. Assure that students have been oriented to expected outcomes of the externship
experiences.
2. Have final responsibility for the content and general implementation of all
educational programs.
3. Furnish the Site with student records necessary to the program, subject,. however, to
compliance with all applicable statutes, rules, laws and regulations respecting the
maintenance and release of records and or information derived from such records.
4. Provide the. Site with the necessary paperwork to administer/evaluate the student's
performance, attached hereto:
a. Copy of MEMORANDUM OF UNDERSTANDING
b. ____~ (120 non medical / 160 medical / 120 HCA) hour student evaluation
forms
c. Attendance sheets to verify hours completed
5. Maintain all educational records and .reports relating to the externship site.
6. Maintain in full force and effect, during the existence of this agreement, professional
liability insurance, including personal injury liability. Upon request, the School shall
submit proof of such insurance to the Site.
2083753,249 brown mackfe college 11;14; 57 a.m. 09-15-2010 415
~~ representatives, stockholders, regents and members from and a ainst an and all
. .. g Y
liability, claims, actions, causes of action, lawsuits or damages caused or arising out
of the acts} or omissions of the Site, its agents or employees, when acting within the
scope of their employment or agency with the Site. This paragraph excludes an
... .. Y
illicit acts as are defined by statute. This ~ndemnlty shall not be effective if it would
prejudice the enforceability or preclude the collection of any proceeds of professional
liability insurance maintained by the Site or its employees pursuant to this a reement.
. g
14. Notwithstanding anything to the contrary in this agreement, ~t ~s understood that
scheduling changes (including externship assignments at the Site} may be necessary
during the course of an academic term. The Site agrees to work with the School in
making any scheduling changes that may be necessary,
15. Site is not required to provide remuneration as students receive academic credits
toward graduation requirements.
The School and the Site further agree;
1. To assure that students complete the number of hours of affliation as outlined for a
specific assignment and require that any absence, including those due to illness, shall
be made up.
2. That each party shall comply with and will be separately responsible for com liance
. p
with all laws, including anti-d~scrlminat~on laws which may be applicable to the
respective activities under this program.
~,,,~ 3. That each party shall notify the other of any incident or claim it may reasonabl
Y
anticipate developing into a legal action as soon as possible. Notice shall be rovided
.p
forthwith in the event that such a claim, lawsuit or other legal or administrative
proceeding is commenced incident to which indemnification may be sought from the
other party as set forth in this agreement.
General Provisions:
1. This agreement shall be reviewed by the School and the Site u on re nest of either
. p q
party, and shall be subject to change only by the mutual consent of the parties; an
Y
such change{s} shall become part of this agreement only after bein ut in written
. gp
form and signed by both parties.
2. The parties do not intend, and this agreement shall not be construed, to create an
Y
director indirect rights and/or benefits to any third party whatsoever.
3. One or more waivers of any provision(s) or condition(s) of this agreement b either
~.
party shall not be construed as a waver of a subsequent breach of any provision or
condition. No breach of a provision or condition of this agreement b either art
sh 11 be y p Y
a waived by the other unless such waiver is in writing.
4. This instrument, together with any and all addenda hereto, constitutes the entire
agreement between the parties, and all prior discussions, agreements and
understandings, oral or in writing, are hereby merged into this agreement.
5. This agreement is entered into, is signed in, and shall be governed under the laws of
the State of Idaho. Any legal or equitable action commenced by either art to this
~,.~ p Y
agreement shall be brought in the County of Ada, State of Idaho.
3
2083753249 brown mackie college 11;15;13 a,m, 09-15-2010 ~ 515
/"~
~. This agreement is intended to take effect upon signin .Students artici atin in the
. g p p g
program will be placed with the Site at the beginning of the academic terms for
purposes of the agreement, This agreement may be terminated b either after
the e y PAY
nd and before the beginning of any given academic term b written notification
Y
to the other party,
7. Both the Site and the School reserve the right to affiliate with other institute n
o s and to
place and/or accept, as the case may be, students from other colle a ro rams. The
Site shall retain h g p g
t e right to demand, at any time, the removal of the student from the
externship portion of the program for any violation of the Site's olicies andlor
p
procedures and/or regulations, lack of qualification, health or other le itimate lawful
g
reasons. Such action shall be preceded by consultation between the a ro riate
ersonnel at the Schoo pp ~ p
P I and the Site, The School reserves the right, at an time to
y ,
remove a student from the program for any violation of the School's olicies and/or
p
procedures and/or student regulations, unsatisfactory academic erformance lack of
p
qualification, health, or other legitimate and lawful reasons.
Student Name: SSN:
Student Signature:
School Representative ~A~ ~ E ~', t ~q ,~ ~ Title;
~ ~ ~ ~
School Representative
Date.
Signature: ~
~,,~" /~
Site Representative ,~ Title:
Site Representative ~ Date:
Signature: ~ .~
~ ~
K;4~ztemshipslFo~mslCont~ct
4
Affiliation Agreement
This Affiliation Agreement is entered into between Brown Mackie Colle a -Boise hereinaft
„ g ( er referred
to as School) and [insert name of Facility] (hereinafter referred to as
~~ ~ • ~ 1
Fac~l~ty' ), located at a insert fu!! address a
is effective on the ~ day of 2Q10, ("Effective Date" for a one ear term and will
j Y
automatically renew for subsequent one year terms unless either party provides a notice of non-
renewal tothe other party thirty (30~ days prior to the end of any term. In no event shall this A reement
be in effect for more than fiv g
e (5j years.
Recitals
WHEREAS, School offers aprogram ofstudy inParalegal/legal studies Programs and desires that its
students complete an internship as applicable (referred to herein as "internship" to obtain ex erience
.. ~ p
at Facility in further of the School s program(s). Facility has agreed to make its locations available to
)
School and its students for this purpose.
NOW, THEREFQRE, in consideration of the mutual covenants and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereb acknowled ed
Y g~
the Parties agree as follows;
A. School and Facility Responsibilities
ool has full, respons~b~l~ty for the academic content of the Internship and the. credit
granted for its satisfactory completion and School and Facility will a ree in advance. of the
. g
start date of the Internship the specific studies and research that vuill occur.
2. The students shall be directly supervised by an employee of Facility who is approved in
advance by the School and meets Facility's requirements for such position. The students'
supervisor shall not be an employee of School or a currently enrolled student of School.
3. The parties will mutually agree to the number of students that can participate in the
Internship prior to the start date.
4. School will advise its students and each faculty member (if on site) to comply with all of
Facility's policies and procedures, including but not limited to the requirement to keep all
client related legal information confidential and to comply with the Facility's policies of
confidentiality.
5. School will advise its students and each faculty member (if on site) to comply with any of
Facility's requirements regarding criminal background checks. Facility shall provide students
a copy of its policy regarding background checks and shall instruct students to comply with
said policy; any casts for the background check is at the students'~ex ense. Facilit shall
p y
apply the same criteria to students and faculty members as they do to Facility employees
under their current hiring practices. School will advise students and faculty members that as
a result of a criminal background check, that Facility may reject any student or fa~cufty
member and bar them from the Facility in accordance with Facility policies.
~ 6. Fa ill
c ty shall provide a safe physical facility and environment in addition to adequate
~'°~ instruction, supervision, guidance and evaluation of students. The Facilit shall com lete
Y p
and promptly return any evaluations requested by School, both parties agree to cooperate
with each other and share information in the event that any investigation is conducted with
respect to a student's experience or performance at Facility. Students may be asked to sign
a form granting School and Facility permission to share information relevant to his or her
experience or performance.
7. Facility may terminate a student or faculty member (if on sited from participating in an
Internship if Facility determines in its sole opinion and discretion that the student's conduct
or work with clients, patients or personnel is not in accordance with acceptable standards
of performance.
8. Facility shall provide classroom space for the use of students and faculty member (if on site)
subject to availability and provide them the privilege of using libraries, lounges, cafeterias,
rest rooms, etc. on the same basis as Facility employees.
9. School will advise its students and faculty (if on site) that it is the responsibility of the
student and faculty for the cost of his or her own health insurance and medical casts as
--Facility is not providing any such insurance for them;
10. School will advise its students that Facility does not consider them to be employees. If
Facility is paying any students, the individual student is responsible to make all required
withholdings for state and federal income tax purposes. At all times, neither students nor
faculty members (if on sitey are considered employees of Facility. If any compensation is
paid by Facility to students, it shall be agreed to in writing by student and Facility before the
start of the Internship,
11. The School is responsible at all times for the negligent and willful acts and omissions of its
employees and agents, including its faculty. In addition, the Facility is responsible at all
times for the negligent and willful acts and omissions of its employees and agents.
12. Facility shall indemnify, hold harmless and defend School, its officers, directors, employees
and agents from and against any and all losses, liabilities, claims, damages, causes of action,
costs and expenses, including reasonable attorneys' fees and litigation costs arising from
Facility's breach of any covenants or obligations set forth in this Agreement. This obligation
shall survive the termination of this Agreement.
13. School shall indemnify, hold harmless and defend Facility, its officers, directors, employees
and agents from and against any and all losses, liabilities, claims, damages, causes of action,
costs and expenses, including reasonable attorneys' fees and litigation costs arising from
School's breach of any covenants or obligations set forth in this Agreement. This obligation
shall survive the termination of this Agreement.
14. The ultimate responsibility for the care of clients and the direction of Facility's operation is
r`'` with Facility.
Paralegal/Legal Studies: Revised 6/24/2010
Page 2 of 4
15, School shall provide and maintain comprehensive general liability insurance in the amount
of $1,000,000 per occurrence $3,000,000 aggregate. In addition, School shall maintain
professional liability insurance that covers the School, all students, and instructors at the
School. The blanket professional liability insurance policy will be in theamount of not less
than $1,000,000 per claim/$3,000,000 aggregate, The School shall provide a certificate of
insurance at the request of Facility,
16. Facility shall provide and maintain comprehensive professional and general liability
insurance as well as liability insurance. A certificate of insurance evidencing such insurance
coverage shall be provided to School. The general liability insurance shall name as additional
insured, Education Management Corporation its schools, directors, subsidiaries, officers,
employees, assigns, agents and board members.
B. General Provisions
1. This agreement may be terminated by either party with or without cause by providing
.five (5y days written notice to the other party. In the event of termination during an
internship, Facility will allow students to complete their Internship.
2, The parties. to this Agreement are independent contractors, Neither Schoo! nor any of
its faculty, students or employees shall hold themselves out as employees, agents or.
. partners of .Facility, In addition, neither Facility, nor any of its faculty, students or
employees shall hold themselves out as employees, agents or partners of School.
4. There shall be no monetary consideration paid by either party to the other, it~ being .
acknowledged that the internship provided hereunder is mutually beneficial.
S. Notices. Any and all notices required shall be deemed delivered when received by
registered, certified or express mail to:
If to School: ~ If to Facility:
brown Mackie College
90S01N. Qverland Rd, Suite 100
Boise, ID 83709
I~.arir~Itc-.~n 1t~ ~',~ ~ a
6. This Agreement contains the entire agreement between the parties and supersedes all prior
agreements and understandings, oral or written, with respect to the subject matter hereof.
IN WITNESS WNERE~F, the parties have caused this Agreement to be executed as of the Effective pate
set forth above. For and on behalf of:
Paralegal/Legal Studies: Revised b/24/2010
Page 3 of 4
r~ FACILITY:
.~
~~...~ ~-
P'
/ `' ti
~.~~ ~'~ f
Signature: '~'~
,~
~~
r.--~~~'
Print Name and Tit{e:
brown Mackie Co{legs -Boise
0
Signature:
Print Name and Tit(e: ~+e%~ ~ ti~lA ~~1~6if
Instructions for Comoletina Form:
Before providing the form to Facility~insert the information in the highlighted areas: introductory Paragraph: insert legal name
of School and address, insert Facility~name and address, insert the Effective Date which is the date the. internship will begin.
Second Paragraph: insert the name of the program, nursing for example. Paragraph B, S: Insert the name of the person and
address at School where any notices should be sent. Signature line: Insert legal name of School. Next Steps: Provide the
''~ Agreement to Facility who inserts its contact info in Paragraph B.S, signs and prints name and title as indicated and sends to the
School Internship Coordinator who signs and prints name and title as indicated. School Internship Coordinator gives a copy to
the Facility after both parties sign, the original is kept by the School Internship Coordinator who must send a pdf copy to the
EDMC legal department at kstrohmC~edmc.edu. IF A FACILITY REgUESTS ANY CHANGES TO THIS DOCUMENT TEII THEM TO ~~
MAKE REDLINED CHANGES AND EMAIL TO THE SCHOOL AND THE SCHOOL MUST EMAIL THE DOCUMENT TO THE EDMC
IEGAI DEPARTMENT FOR REVIEW at kstrohm~edmc.edu.
Paralegal/Legal Studies: Revised b/24/2010
Page 4 of 4