OUTREACH PROGRAM AGREEMENT Between FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES And THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

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1 Execution OUTREACH PROGRAM AGREEMENT Between FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES And THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Copy This Outreach Program Agreement (the "Agreement") is by and between the FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES, a public body corporate of the State of Florida (the "UNIVERSITY") and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA (the "SCHOOL BOARD"), each a "party" and collectively the "parties". WHEREAS, the UNIVERSITY, through its Charles E. Schmidt College of Medicine, administers a "Healthcare Careers Outreach Program" (the "Program") designed to increase interest in the health sciences for young people interested in careers in medicine, and to mentor and prepare them to successfully compete at the highest levels of college and post-graduate studies; WHEREAS, the UNIVERSITY wishes to engage the SCHOOL BOARD and its students in the efforts and activities of its Program; WHEREAS, the SCHOOL BOARD wishes to offer its students learning opportunities in cooperation with the UNIVERSITY and its faculty, staff and students participating in the Program, in order to motivate and prepare its students for opportunities and careers in the health SCIences. NOW, THEREFORE, in consideration of mutual promises and agreement, the UNIVERSITY and the SCHOOL BOARD hereby agree as follows: 1. Purpose. The purpose of this Agreement is to define collaborative efforts that the UNIVERSITY and SCHOOL BOARD will undertake to educate and encourage students enrolled in the School District of Palm Beach County, Florida (the "School District") to consider a career in the health sciences. 2. Non-Discrimination. The parties agree not to unlawfully discriminate against any student or prospective student in any manner whatsoever on account of race, creed, color, sex, age, ethnicity, sexual orientation or preference, national origin, mental or physical handicap or other protected status in the performance of this Agreement. 3. Cooperative Activities. The parties expect to engage in a multitude of cooperative teaching and mentoring activities through the Program at various UNIVERSITY locations, affiliate sites, and SCHOOL BOARD sites. Such activities include, but are not limited to the following: joint/collaborative teaching of School District students by faculty from the UNIVERSITY and the SCHOOL BOARD; field trips by School 1

2 District students to UNIVERSITY and affiliate locations upon proper parental consent; faculty development sessions for School District faculty; volunteer activities involving UNIVERSITY medical and other students; UNIVERSITY lectures and involvement in informational panels; internship and shadowing opportunities for School District students by UNIVERSITY faculty, students and community physicians; participation by School District students in activities at UNIVERSITY facilities such as laboratories and simulation centers (under appropriate supervision by UNIVERSITY and SCHOOL BOARD personnel, as appropriate); and other activities as agreed upon by the parties. 4. The SCHOOL BOARD will obtain participation waivers (in the form attached hereto) from each of its students participating in the Program (signed by their parents or legal guardians), in the form attached hereto. 5. Use of Name. No party shall use the name, logo, likeness, trademarks, image or other intellectual property of the other party for any advertising, marketing, endorsement or any other purposes without the specific prior written consent of an authorized representative of the other party as to each such use. UNIVERSITY may refer to the SCHOOL BOARD in the University catalog and in other public information materials regarding the Healthcare Careers Outreach Program at UNIVERSITY. The SCHOOL BOARD may refer to the UNIVERSITY in its brochures and other public information materials having to do with the Healthcare Careers Outreach Program. 6. Independent Contractors. The UNIVERSITY and SCHOOL BOARD are independent contractors, and nothing herein shall be deemed or construed to create an employment or agency relationship. Likewise, nothing contained in this Agreement shall constitute or be construed to be or to create a partnership or joint venture between the SCHOOL BOARD and the UNIVERSITY. This Agreement is strictly for the benefit of the parties hereto, and is not meant to create any rights in third parties or third party beneficiaries. 7. The employees of the SCHOOL BOARD shall not be deemed to be employees or agents of the UNIVERSITY or the College of Medicine for any reason. The employees of the UNIVERSITY shall not be deemed to be employees or agents of the SCHOOL BOARD for any reason. 8. Amendment and Assignment. Amendments and modifications to the terms and conditions of this Agreement shall be effective only upon the mutual written agreement of the parties, signed by a person authorized to approve such amendments and/or modifications. Neither party may assign this Agreement or any rights hereunder without the prior written consent of the other party. 2

3 9. Notice. All notices under this Agreement will be provided in writing by each party and forwarded by certified mail, addressed as follows: If to UNIVERSITY: Florida Atlantic University Michael L. Friedland, M.D. Vice President for Medical Programs Dean, Charles E. Schmidt College of Medicine 777 Glades Road, Bldg 71-Room 239 Boca Raton, FL If to SCHOOL BOARD: The School Board of Palm Beach County, Florida William F. Malone Superintendent of Schools 3300 Forest Hill Blvd., Ste. C-316 West Palm Beach, FL Term. This Agreement shall be governed by the laws of the State of Florida and be effective for one year commencing upon date of signature by both parties, and shall automatically renew each year thereafter for a term not to exceed three years. Notwithstanding the foregoing, this Agreement may be terminated with or without cause by either party giving thirty (30) days' notice in writing to the other party. 11. Jessica Lundsford. Prior to having contact with School District students or entering the premises of any School District school at a time when such students may be present, the UNIVERSITY's medical students must comply with all requirements of section , Florida Statutes, which consists of completing a Level 2 screening. Level 2 screening consists of fingerprinting and a background check. The Level 2 screening of the UNIVERSITY's medical students will be conducted by the UNIVERSITY or one of its contracted vendors. The UNIVERSITY agrees to provide to the SCHOOL BOARD's authorized designee the following information for its medical students who are subject to Florida Statutes section : an Affidavit stating (i) that the UNIVERSITY's medical students who have contact with School District students are required by the College of Medicine to undergo Level 2 screening; (ii) that the UNIVERSITY's medical students meet the screening standards in section , Florida Statutes; and (iii) that the UNIVERSITY's medical students have completed the criminal history check within the last 5 years. If at any time subsequent to the completion of the Level 2 screening as set forth above, the UNIVERSITY becomes aware that a UNIVERSITY medical student has been 3

4 convicted of or is being investigated for a crime delineated in section , Florida Statutes, the UNIVERSITY agrees that such medical students will not be permitted access to School District students under this Agreement. Each party agrees that at all times that UNIVERSITY employees and undergraduate students who have not completed Level 2 screening but who have contact with School District students, such employees and undergraduate students will be under the direct supervision of a School District employee or UNIVERSITY medical student or employee who has completed the Level 2 screening. "Direct supervision" means that a School District employee or UNIVERSITY medical student or employee who has undergone Level 2 screening will be physically present when the UNIVERSITY undergraduate students or employees have access to School District students. 12. Student Records. The parties agree that SCHOOL BOARD has an obligation to maintain student records applicable to its students and that such records will only be shared with UNIVERSITY as specifically permitted in School Board Policy 5.50, section , Florida Statutes, and the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g, and its implementing regulations found in 34 C.F.R. Part 99.31(a)(6).The party to whom the information is disclosed shall not disclose the information to any other party without prior written consent of the adult student or the parent or guardian of the pupil, as appropriate. 13. Liability. The Parties recognize their respective liability for certain tortious acts of their agents, officers, employees, and invitees, and agree to be responsible respectively for all claims, liability, losses and/or causes of action that may arise from any negligent act or omission of their agents, servants, or employees, while acting within the scope of their employment or agency. Such liability is subject to the provisions of law including the limits included in section , Florida Statutes, the State of Florida's partial waiver of sovereign immunity to which said governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the governmental entities have under section or any other statute. Each party covenants to maintain sufficient professional, general liability and worker's compensation coverage, unless selfinsured, regarding its respective liability, throughout the term of this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 4

5 Execution Copy Acknowledged representatives. and agreed as of the date set forth below by the parties duly authorized,/'u",,,'~i,ersity Board of Trustees Name: ~~~~U-~~~~~~ \ Title: Associate Provost Date: 1$ - ;;) t5 - (( Name: Michael L. Friedland, M.D. Title: Vice President for Medical Programs and Dean, Charles E. Schmidt College 0:M!~..licc;.innf Date: B'hkit-AJHL-- School Board of Palm Beach County, Florida Name: ~VV~i~ll~iam~~F~.~M~a~lo~n~e~ Title: ~S::::.u::::Jp~e""r~in:.!.'t""en~d~e~n~t,-- Dme: --- Name: ~F~ra~nk~A~.~B~a~rb~l~ e~rl~,~j~r.~e~s~q~. Title: -"'C~h~a~irm=a:=cn~ Date:. fjijc;/if Approved as t~ Form. ~ and Legal1ty General Counsel 'Plorida Atlantic University 5