AFFL AGRMT RE DIETETIC INTERNSHP WITH CHAMPAGNE AND PAPER PLNS.PDF

AFFILIATION AGREEMENT
BETWEEN
MARICOPA COUNTY
by and for its
Department of Public Health
AND
CHAMPAGNE AND PAPER PLANES
FOR THE
DIETETIC INTERNSHIP PROGRAM

THIS AGREEMENT is entered into by and between Maricopa County, acting by and for its
Department of Public Health (hereinafter referred to as COUNTY), whose principal office is
located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012 and Champagne and Paper
Planes (hereinafter referred to as THE AFFILIATE), a sole proprietor whose principal office is
located at 14450 N. Thompson Peak Pkwy, 4213, Scottsdale, AZ 85260.
WIINESSETH:
WHEREAS, the purpose of the Agreement is to establish a program of cooperative interaction
between COUNTY and THE AFFILIATE to provide dietetic interns with a dietetic internship
practicum approved by the American Dietetic Association, in an off-campus setting, in the areas
of clinical, community, food management, and administrative dietetics; and
WHEREAS, it is in the mutual interest and advantage of the parties that the interns be given the
opportunity to utilize THE AFFILIATE'S facilities for educational and supervisory experience
purposes; and
WHEREAS, it is acknowledged by the parties to this Agreement that the dietetic interns who
participate in the dietetic internship program contemplated by this Agreement are performing
duties for a program which is sponsored by COUNTY, and that said dietetic interns will be
supervised by both COUNTY and THE AFFILIATE while they are perfoiming duties in the
dietetic internship program contemplated by this Agreement; and
WHEREAS, the dietetic internship program of COUNTY is currently granted approval status by
The Academy of Nutrition and Dietetics, Accreditation Council for Education in Nutrition and
Dietetics (ACEND), a specialized accrediting body recognized by the Council on Postsecondary
Accreditation and the United States Department of Education; and
NOW, THEREFORE, upon the mutual promises and covenants contained herein, COUNTY and
THE AFFILIATE agree as follows:
I. RESPONSIBILITIES OF COUNTY
COUNTY agrees that during the term of this Agreement, it shall:
A. Designate in writing a Dietetic Internship Program Director who will be available
for consultation with THE AFFILIATE on all matters of the operation of the
program to include the qualification, preparation, grading, and working hours of
the interns placed in the program;
B. Select for potential placement in the program at THE AFFILIATE interns whose
previous academic and practical experience has properly prepared them for the
activities and responsibilities required by the program;
C. Instruct and advise the selected interns of their obligations to THE AFFILIATE
while participating in the program as those obligations are set forth in writing by

THE AFFILIATE, and to comply with all written rules, regulations and policies of
THE AFFILIATE while they participate in the program;
D. Provide such supervision and instruction, in addition to that made available by
THE AFFILIATE at its facilities, as may be agreed upon by COUNTY and THE
AFFILIATE;
E, Provide THE AFFILIATE'S Registered Dietitian Site Director with a written copy
of the policies and rules of the Dietetic Internship Program that affect the interns
and are related to their participation in the program, and keep THE AFFILIATE'S
Registered Dietitian Site Director informed of any changes in said policies and
rules;
F. Withdraw the intern(s) from the dietetic internship program if they fail to meet
such standards and. criteria for participation in the program as are agreed upon by
both COUNTY and THE AFFILIATE; or if they fail to comply with the written
rules, regulation and policies of THE AFFILIATE;
G. Provide THE AFFILIATE'S Registered Dietitian Site Director all the rights and
privileges of an adjunct faculty member; and
Advise THE AFFILIATE in writing at least thirty (30) days prior to the arrival of
interns at THE AFFILIATE of the date anticipated for commencement of their
participation in the program.
2. RESPONSIBILITIES OF THE AFFILIATE
THE AFFILIATE agrees that during the term of this Agreement it shall:
A, Provide the necessary facilities and supervisory personnel to establish and carry
out the requirements of the dietetic internship program that will give the dietetic
interns educational and supervisory experiences in dietetics at THE AFFILIATE
site(s).
B. Designate a Registered Dietitian Site Director who shall be responsible for the
interns and act as the dietetic internship program coordinator with COUNTY.
C. Provide to the Dietetic Internship Program Director evaluation of the interns'
performance and other such information as may be requested concerning the
interns' participation at THE AFFILIATE site(s),
D, Provide such training aids and data relating to the various phases of the program as
may be reasonably necessary;
E. Allow interns to utilize library and cafeteria facilities if available;
3

F. Provide the Dietetic Internship Program Director with a copy of the written rules,
regulations and policies of THE AFFILIATE as it applies to the dietetic internship
programmatic activities.
3. MUTUAL RESPONSIBILITIES OF COUNTY AND THE AFFILIATE
Both parties agree:
A. That faculty of COUNTY, and faculty of THE AFFILIATE shall confer at such
times as may be mutually agreed upon to evaluate the progress of the dietetic
internship program and the interns;
B. To cooperate to provide a sound educational environment to the interns and quality
services to all clients of COUNTY and THE AFFILIATE; and
C. That any and all material and/or programs developed exclusively by the interns
during their participation in the dietetic internship program at COUNTY shall
become the joint property of COUNTY and THE AFFILIATE,
4. COMPENSATION
Interns will not receive financial compensation from either COUNTY or the AFFILIA 1h
under the terms of this agreement,
5, WORK STA I EMENT
To complete program graduation requirements, the interns will meet the Core
Competencies for the RDN as listed in the Accreditation Council for Education in
Nutrition and Dietetics (ACEND) Standards for Internship Programs in Nutrition and
Dietetics Leading to the RDN Credential adopted July 29, 2016, effective June 1, 2017,
pages 10-12. All interns will receive a copy of these competencies.
6. NONDISCRIMINATION
The parties hereto mutually agree that at no time shall race, creed, color, gender, or other
prohibited criteria be employed by either COUNTY, OR THE AFFILIATE for the
purpose of discrimination, whether as to employees, applicants for employment, interns
or clients* To the extent applicable to this Agreement, both parties hereto agree to
comply with all state and Federal laws, rules, regulations, and executive orders as to
equal employment opportunity, non-discrimination and affirmative action including
Arizona Executive Order No. 2009-09.
7. INSURANCE
A. THE AFFILIATE shall maintain a homeowner's insurance policy providing for
standard coverages for personal property, personal liability, and medical payments
4

to others, and shall provide COUNTY with a copy of said insurance policy.
THE AFFILIATE shall also complete the Maricopa County Sole Proprietor
Waiver. A copy of this form shall be provided to THE AFFILIATE by the
COUNTY.
8 PROFESSIONAL LIABILITY
A. Under this Agreement, all Dietetic Interns shall have in effect at all times during
their participation in the dietetic internship program professional liability insurance
with a minimum of combined single limit of $1,000,000 for each claim,
$3,000,000 aggregate.
B. The Dietetic Interns, while providing health care, medical or professional services
shall be deemed agents of the COUNTY for purposes of deteunining professional
liability for acts rising out of the performance of this Agreement Such professional
liability coverage shall be enforced for services performed in COUNTY programs as
specified in the Work Statement and in support of this Agreement.
C. The scope of the COUNTY'S responsibility to the dietetic interns while providing
health care, medical or professional services is pursuant to A.R.S. §11-981, and
governed, defined and controlled by the terms of the Revised Restated Declaration
of Trust for Maricopa County, Arizona Self-Insured Risk Trust Fund, approved by
the Maricopa County Board of Supervisors and maintained and administered by the
Maricopa County Risk Management Department
9. NON-LIABILITY
Maricopa County and its officers and employees shall not be liable for any act or
omission by THE AFFILIATE or any subcontractor, employee, officer, agent or
representative of Contractor or subcontractors occurring outside the scope and duties of
this Contract.
10. INDEMNITY
A. To the fullest extent permitted by law, and to the extent that claims, damages,
losses or expenses are not covered and paid by insurance purchased by THE
AFFILIATE, THE AFFILIATE shall defend, indemnify and hold harmless the
COUNTY (as Owner), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of or alleged to have resulted
from the negligent acts, errors, omissions, or mistakes relating to the performance
of this Agreement.
B. THE AFFILIATE's duty to defend, indemnify, and hold harmless the COUNTY,
5

its agents, representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death or injury to, impairment of, or destruction. of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Agreement, but only
to the extent caused by the negligent acts or omissions of THE AFFILIATE, a
subcontractor, any one directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
C. The amount and type of insurance coverage requirements set forth herein will in no
way be construed as limiting the scope of the indemnity in this paragraph.
11. APPLICABLE LAW
This agreement shall be construed under the laws of the State of Arizona, and is subject
to the provisions of A.R.S. § 38-511. Exclusive venue and jurisdiction for any actions or
proceedings related to or stemming from this Agreement will be in the state or federal
courts sitting in Phoenix, Arizona.
12. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401, GOVERNMENT
PROCUREMENT; E-VERIFY REQUIREMENT
A. THE AFFILIATE warrants compliance with all federal immigration laws and
regulations relating to employees and warrants its compliance with A,R.S. § 23-
214, Subsection A (that subsection reads: "After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the E-Verify program and shall keep a record of the verification
for the duration of the employee's employment or at least three years, whichever is
longer").
B. A breach of warranty regarding compliance with immigration laws and regulations
shall be deemed a material breach of this Agreement and THE AFFILIATE may
be subject to penalties up to and including termination of the Agreement.
C. Failure to comply with a State audit process to randomly verify the employment
records of contractors and subcontractors shall be deemed a material breach of this
Agreement and THE AFFILIATE may be subject to penalties up to and including
termination of the Agreement.
D. The State of Arizona retains the legal right to inspect the papers of any employee
who works on this Agreement to ensure that the contractor or subcontractor is
complying with the warranty under Paragraph 12.A.
E. For questions about E-Verify THE AFFILIATE should visit the following web
site: bttp://www.usels.gov/portalisite/uscis.
6

13. TERMS OF AGREEMENT
A, The term of this Agreement shall be from June 1, 2018 through June 30, 2022.
The Agreement may be renewed for additional terms by the mutual consent of both
parties.
B. This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party. Notwithstanding anything herein to the contrary
this Agreement shall continue until all of those interns participatin g in the dietetic
internship program at the time of written notice of the termination of the
Agreement have completed their training experience.
14. SIGNATURE AUTHORIZATION
Any individual executing this Agreement on behalf of THE AFFILIME represents and
warrants to COUNTY that they are duly authorized to execute this A greement on behalf
of THE AFFILIATE, and that upon their si gnature this Agreement shall be binding upon
THE AFFILIATE.
IN WITNESS WHEREOF, COUNTY and THE AFFILIATE have executed this Agreement.
MARICOPA COUNTY CHAMPAGNE AND PAPER PLANES
Acting by and for its Department of Public
Health
By: By:
Chairman, Date
Marieopa County Board of Supervisors Name: Michele Sidorenkov, RDN
Title: Principal
Attest:
Clerk of the Boird Date
- 7
Director, IVICDPH Date
tivL(2-
7

Approved as to Foua Date
Deputy County Attorney
8