WESD PA FOR NUTRITION EDUC (00).PDF

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• Loss of adequate staffing to reasonably continue the provision of services at the
sites.
5 CLIENT CONFIDENTIALITY
Both Parties understand and concur this Agreement is subject to all State and Federal
laws protecting client confidentiality of health care information. Client confidentiality will
be maintained equally for all individuals presenting for services whether being provided
by MCDPH or WESD. The use or disclosure by either party of any information
concerning an eligible individual served under this Agreement is directly limited to the
fulfillment of this Agreement.
6. LAWS, RULES, AND REGULATIONS
Both parties understand and concur this Agreement is subject to all State and Federal
laws, rules and regulations that pertain hereto.
7 PARTICIPATION IN SIMILAR ACTIVITIES
This Agreement in no way restricts MCDPH or WESD from participating in similar
activities with other public or private agencies, organizations, and individuals.
8. NON-LIABILITY
Neither MCDPH nor WESD, nor their respective officers and employees, shall be liable
for any act of omission by the other party or other party's subcontractor, employee,
officer, agent, or representative occurring in the fulfillment of this Agreement.
9. INDEMNITY
i. Each Party (as "Indemnitor'') agrees to indemnify, defend, and hold harmless the
other Party (as "indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of the negligent performance of this
Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the lndemnitor, its officers, officials,
agents, employees, or volunteers.
10. INSURANCE
10.1 WESD and its agents shall obtain and keep in force the following insurance to be
issued by insurance carriers with a minimum category rating in A.M. Best's of B++ or
better, as set forth below:
a) Workers' Compensation — Statutory Limit;
b) General Liability - $2,000,000;
c) Excess Liability - $4,000,000;
d) Automobile Liability - $1,000,000 (if applicable);
e) Professional Errors and Omissions Insurance - $1,000,000 each claim/
$3,000,000 Aggregate. Each professional or paraprofessional shall also carry
Professional Malpractice Insurance. This is in addition to the coverage required
above.
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10.2 Excluding insurance coverage for 10.1a) and 10,1e), County, its officers, directors,
agents and employees shall be named as Additional Insureds & Certificate Holders
under the policies of insurance set forth in Subsection 10.1, for any and all purposes
arising out of or connected to the Services provided pursuant to this Agreement.
10.3 County shall be a Certificate Holder for Subsection 10.1a.
10.4 Before providing the Services, as identified in Section D above, VVESD shall furnish
County with certificates of insurance evidencing coverage required by this Article. The
certificates shall identify County as additional insured and shall be signed by a person
authorized by that insurer to bind coverage on its behalf.
10.5 All obligations for occurrence coverage shall survive termination of this Agreement.
Other insurance policies required hereby shall expressly provide that such policies shall
not be canceled, terminated or materially altered without thirty (30) days prior written
notice to County.
10,6 WESD shall, and shall cause its agents to comply at all times with all applicable
municipal, county, state, federal or other governmental laws, statutes, codes,
regulations and other requirements, including, without limitation, environmental health
safety and police requirements and regulations respecting the premises used. This
compliance shall be at WESD sole cost and expense. WESD shall be solely
responsible for any and all chemical or toxic waste or other "hazardous material"
disbursement or release and will be solely responsible for the actual "clean-up" should
any material be released. In addition, WESD will be responsible for any cost and
expense associated with said clean-up. As used herein, the term "hazardous
materials" shall mean any materials identified as "hazardous materials" in any
municipal, county, state, federal or other governmental laws, statutes, codes and
regulations. This includes, but is not limited to, blood and bodily fluids.
10.7 All insurance obligations of this Article shall survive termination of this Agreement.
11. COMMUNICATION
Each party agrees to notify the other, in writing, of changes in policy which may affect this
agreement. Notification to be made to the attention of the principal contacts identified in
Sections C and D above.
12. PRINICIPAL CONTACTS:
Washington Elementary School District
Maricopa County Department of
Public Health
Connie Parmenter, Director Nutrition
Christine Hicks, RDN Community Dietitian Services
Supervisor
Address: 4041 N. Central Avenue, Suite 700 12641 N. 39th Ave.
Phoenix, Arizona 85012 Phoenix, AZ 85029
Phone: 602 506-9322 602-896-5230
E-Mail: ChristineHicks@mail,maricopa.gov Connie.Parmenter©wesdschools.org
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IN WITNESS WHEREOF, the parties agree to the changes indicated herein:
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
MARICOPA COUNTY WESD SCHCADL DISTRICT
By By V'l.
Steve Chucri, Chairman Paul Stanton,
Board of Supervisors Superintendent
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Date Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the Board of Supervisors Signature
Date Date