PNC INTERN AGREEMENT.PDF

PRIORITY NUTRITION CARE, LLC
INTERN ROTATION TRAINING AGREEMENT
This Intern Rotation Training Agreement (“Agreement”) sets forth the terms of the
rotation of Interns from Priority Nutrition Care, LLC (“PNC”), whose principal office is
located at 350 Lincoln St., Hingham, MA 02043 to Maricopa County, by and for its
Department of Public Health (“MCDPH”), whose principal office is located at 4041 N.
Central Ave., Ste. 1400, Phoenix, AZ 85012 for educational training and experience. This
Agreement shall commence on April 1, 2018, and is valid through June 30, 2022.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by PNC to
the applicable MCDPH preceptor prior to the start of the rotation. If these goals
and objectives are acceptable to MCDPH, the MCDPH preceptor will sign a
statement agreeing to meet the goals and objectives of the rotation and will return
the original copy to PNC.
B. The Program Director of the applicable Training Program at PNC shall retain full
control and responsibility for the overall education of the Interns.
2. Responsibilities of PNC for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for supervision and instruction as agreed upon by both parties.
C. Ensure that Interns and faculty participating in the program at MCDPH adhere to
existing rules and regulations of MCDPH.
D. Ensure each Intern participating in the program at MCDPH meets the same health
standards that are required of all employees at MCDPH. MCDPH may request
upon reasonable notice a physical examination and/or laboratory or other
diagnostic tests for any Intern. The Intern and PNC shall have the option to either
agree to such physical examinations, labs and tests or to withdraw the Intern from
MCDPH. MCDPH shall not be responsible for any cost or charges incurred for
such physical examinations, labs or tests.
E. Prohibit Interns or PNC staff members from releasing any material relative to
practical experiences that has not been approved for release for publication or to
third parties by MCDPH, or that is confidential by law.
F. Ensure that Intern dress and grooming shall be appropriate for MCDPH and for
health care workers. Interns will comply with the MCDPH dress code.
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G. Notwithstanding any provision to the contrary, PNC agrees that the Faculty
Members and Interns enrolled at MCDPH shall not be employees or agents of
MCDPH or Maricopa County, and shall not be entitled to any defense or indemnity
under Maricopa County’s Declaration of Trust for Maricopa County, Arizona, Self-
Insured Risk Trust Fund, stipends, benefits, conditions, terms or rights of MCDPH
employees including workers’ compensation, medical or hospitalization insurance
or benefits, pension, retirement or vacation pay, credit or other benefits or rights
of MCDPH employees. MCDPH employees employed by PNC as faculty
members on their own time (non-MCDPH pay status) will be subject to the same
restrictions as stated herein.
H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Intern for the duration of the
assigned rotation, to include commercial general liability insurance of $2,000,000
each occurrence and $4,000,000 general aggregate, and professional liability
insurance of $2,000,000 per claim and a $4,000,000 aggregate. In the event any
insurance policies required herein are written on a claims made basis, coverage
shall extend for two years past the Agreement’s completion as evidenced by
annual Certificates of Insurance. PNC will provide proof of such coverage in the
form of Certificates of Insurance to MCDPH.
I. Remove from MCDPH any Intern or Faculty Member reasonably identified, for any
reason, as unacceptable by MCDPH.
J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Interns or Faculty Members.
K. Designate a person or persons to assist in the coordination of Intern learning
experiences, including planning with MCDPH medical staff to assign Interns to
specific learning experiences that are appropriate for the program(s).
L. Provide a 30-day advance notice for Interns assigned to a rotation.
3. Responsibilities of MCDPH for Rotations
A. Provide training experiences and make available the related facilities at MCDPH
for Interns enrolled in any program.
B. MCDPH staff will teach and supervise Interns while assigned to MCDPH
experiences. Any client services provided by Interns shall be under the direct and
exclusive supervision of qualified staff employed by MCDPH.
C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Interns’ learning experiences, including planning with MCDPH medical staff for
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the assignment of Interns to specific learning experiences which are appropriate
for the Intern’s program.
D. Keep PNC informed of changes in policy which affect faculty and Interns.
4. Mutual Responsibilities of MCDPH and PNC
A. The personnel of MCDPH and the faculty of PNC assigned to the program will
confer at such times as may be mutually agreed upon to evaluate the educational
program.
B. The personnel of MCDPH and the faculty of PNC assigned to the program shall
cooperate in providing a sound educational environment.
C. Interns are assigned for practical training experiences in the appropriate MCDPH
unit. Both parties shall mutually agree upon the number of Interns and the
appropriate MCDPH unit for training.
D. Upon request, each party will complete program evaluation forms for Interns,
faculty, or learning experiences.
5. Term and Termination
A. The term of this Agreement shall be from April 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; provided, however, Interns participating at
MCDPH at the time of termination shall be given an opportunity to complete their
participation.
6. Miscellaneous
A. PNC and MCDPH shall not discriminate against any individual on the basis of
age, race, religion, creed, sex, national origin, handicap, disability, sexual
orientation or veteran status. To the extent applicable to this Agreement, both
parties agree to comply with all state and federal employment laws, rules,
regulations and executive orders, including Executive Order 2009-09.
B. Nothing contained herein shall be deemed or construed as creating a relationship
of principal and agent or of partnership or of joint venture between the Parties.
Interns shall not be considered servants, agents, or employees of MCDPH.
C. This Agreement shall be construed and enforced in accordance with the laws of
the state of Arizona, and is subject to the provisions of A.R.S. § 38-511. Exclusive
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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.
D. This Agreement shall be binding upon and shall inure to the benefit of both Parties
and their respective successors, heirs, assigns and legal representatives. Neither
this Agreement nor any rights hereunder may be assigned without the prior
written consent of the non-assigning Party.
E. Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.
F. This Agreement contains the entire understanding of the Parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the Parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
Parties in writing and shall become effective on the date stated therein.
G. During the term of this Agreement, the Parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules and regulations applicable to the performance of this Agreement, including
without limitation the Health Insurance Portability and Accountability Act and the
Family Educational Records and Privacy Act.
H. 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 PNC,
PNC shall defend, indemnify and hold harmless MCDPH (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.
i. PNC's duty to defend, indemnify, and hold harmless MCDPH, 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 PNC, 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.
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ii. 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.
IN WITNESS WHEREOF, MCDPH and PNC have executed this Agreement.
MARICOPA COUNTY PRIORITY NUTRITION CARE, LLC
Acting for and on behalf of
the Department of Public Health
By: By:
Steve Chucri, Chairman,
Maricopa County Board of Name: Anne Manion MBA, RD
Supervisors
Title: CEO
Attest:
Clerk of the Board Date
Acting Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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