AGRMT RE DIETETIC INTERNSHP WITH UTAH STATE UNIV.PDF

4.414._ UtahState
University.
INTERNSHIP AFFILIATION AGREEMENT
THIS INTERNSHIP AFFILIATION AGREEMENT (the "Agreement") is made and entered into
as of July 1, 2017 ("Effective Date") between Utah State University ("University"), having an
office at 1445 Old Main Hill, Logan, UT 84322 and Maricopa County, by and for its Department
of Public Health ("Facility"), whose principal office is located at 4041 N. Central Ave., Ste,
1400, Phoenix, AZ 85012. University and Facility each may be referred to herein as a "Party" or
collectively as the "Parties."
WHEREAS, the purpose of this Agreement is to guide and direct the Parties respecting their
affiliation, working arrangements, and agreements in furtherance thereof to provide high-quality
learning experiences for University's dietetic interns.
WHEREAS, neither Party intends for this Agreement to alter in any way its respective legal
rights or its legal obligations to any third party.
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1. Responsibilities of University.
1.1. Intern Preparation. The University will use reasonable efforts to prepare interns
selected for participation in the internship,
1.2. Education Responsibility. The University will retain general responsibility for the
education of its interns. The University will provide the Facility with current copies of
curriculum objectives and course descriptions associated with the internship. The University
will maintain applicable academic accreditation(s) during the Term. If requested by the Facility,
the University will provide credentials and contact information of faculty associated with the
internship.
1.3. Confidentiality. The University will advise all interns assigned to the Facility
regarding the confidentiality or Facility's patient/client records and/or information, including
confidentiality duties associated with the Health Insurance Portability and Accountability Act of
1996 ("HIPAA"). The University will also advise all interns that confidentiality duties are
ongoing.
1.4. Compliance. The University will advise interns that they are required to comply
with Facility dress codes, rules, regulations, and procedures.
1.5. Performance Evaluations. If requested by the Facility, the University will provide
instruction via its online training materials and resources to the Facility's staff with respect to the
performance evaluation of all the interns at the Facility.
1.6. Insurance. The University carries insurance through the State Risk Manager
of the State of Utah up to the limits required by the State Risk Manager and applicable law.
Nothing in the Agreement shall require the University to carry different or additional
insurance, and any obligations of the University contained in the Agreement to name a party
as additional insured shall be limited to naming such party as additional insured with respect
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to University's negligent acts or omissions. The University warrants that its insurance
provides: general liability insurance with limits of $1,000,000 per occurrence and $3,000,000
general aggregate; Workers' Compensation and Employer's Liability Insurance of $1,000,000
each accident; and professional liability insurance for its interns with limits of $1,000,000 per
occurrence and $3,000,000 aggregate. If requested by the Facility, the University will provide
the Facility with a certificate of such insurance.
2. Responsibilities of Facility.
2.1. Learning Environment. The Facility has a responsibility to maintain a positive,
respectful, and adequately resourced learning environment so that sound educational experiences
can occur for participating interns. Therefore, the Facility will provide interns with access to
appropriate resources for intern education including: a) access to patients/clients at the Facility
in an appropriately supervised environment, in which the intern can complete the University's
curriculum; b) intern security badges or other required security access to patient/client care areas,
as applicable; c) access and required training for interns in the proper use of electronic records or
paper charts, as applicable; d) computer access; e) some secure storage space for personal items
of student when at the Facility; and 0 access to call rooms, if necessary.
2.2. Responsible for Patients/Clients. The Facility will retain full responsibility for
care of its patients/clients and will maintain administrative and professional supervision of
interns insofar as their presence and internship assignments affect the operation of the Facility
and its care, direct and indirect, of patients/clients. The responsibility of the Facility for patient
care should not diminish or preclude opportunities for interns to undertake patient care duties
under appropriate supervision.
2.3. Performance Evaluations. The Facility will assist the University in the evaluation
of the learning and performance of participating interns by completing and returning in a timely
fashion University-provided evaluation forms.
2.4. Orientation. The Facility will provide for the orientation of interns as to the
Facility's rules, regulations, procedures, and policies of the Facility along with any other of
Facility's expectations for the participating interns.
2.5. Supervision. The Facility will provide qualified and competent staff members in
adequate number for the instruction and supervision of interns participating in the internship.
2.6. Emergency Care. In the event an intern is exposed to an infectious or
environmental hazard or other occupational injury (i.e. needle stick) while at the Facility, the
Facility will (a) notify the University of such an event and (b) provide such emergency care as is
provided its employees, including, where applicable: examination and evaluation by Facility's
emergency department or other appropriate facility as soon as possible after the injury;
emergency medical care immediately following the injury as necessary; initiation of the HBV,
Hepatitis C (HCV), and HIV protocol as necessary; and HIV counseling and appropriate testing
as necessary. In the event that Facility does not have the resources to provide such emergency
care, Facility will refer such interns to the nearest emergency facility. The intern will be
responsible for any charges thus generated.
2.7. Student Records. Facility, its employees, agents and representatives shall
maintain in confidence intern files and personal information and limit access to only those
Facility employees or agents with a need to know. Facility agrees to comply with the Family
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Educational Rights and Privacy Act ("FERPA"), to the same extent as such laws and regulations
apply to the University. For the purposes of this Agreement, pursuant to FERPA, University
hereby designates Facility as a school official with a legitimate educational interest in the
educational records of the intern(s) who participate in the internship to the extent that access to
the records is required by Facility to carry out the internship.
2.8. Liability Insurance. If requested by the University, the Facility will provide proof
that it maintains liability insurance or a comparable program of self-insurance in commercially
reasonable amounts.
2.9. Claims. The Facility will provide written notification to the University promptly
if a claim arises involving an intern,
2,10. Incidents. The Facility will resolve any situation in favor of its patients'/clients'
welfare. When an incident or problem occurs involving an intern, the Facility may restrict or
remove such intern from the situation or restrict such intern to the role of observer until the
incident can be resolved by the Facility. The Facility will notify the University's representative if
such an action is required.
3. Mutual Responsibilities.
3.1, Collaboration, The Parties will work together to maintain a high quality
educational environment where patient/client care is paramount. At the request of either Party, a
meeting or conference will promptly be held by the Parties' respective coordinators, as set forth
below, to resolve any problems or develop any improvements in the operation of the internship.
University- Facility-
Name: Nicole Vance Name: Tasha Williams
Phone Number: 385-646-5570 Phone Number 602-319-5933
Email: dietetic.internship@usu.edu Email: tashawil liams@mail.maricopa.gov
The coordinator may be changed from time to time as needed by providing the other Party with
written notice of the change.
3.2. Background Checks, Immunizations, and Other Requirements. If applicable, the
Facility shall notify the University of any required criminal background checks, immunizations,
drug tests, or any other requirements (i.e. CPR training, fingerprints, food handler permit,
physical exam, etc.). When so informed, the University will inform and assist interns in
obtaining the requirements. Unless provided by the Facility, the costs associated with any such
requirement will be paid by the intern.
3.3. Intern Removal. The Facility may request the removal of any intern whom the
Facility determines is not performing in accordance with its applicable administrative and patient
care policies, procedures, rules, and/or regulations. Such request must be in writing, and must
include a statement of the reason or reasons why Facility desires to have the intern removed,
The intern must be afforded by the University an opportunity to respond in writing to the
statements. However, Facility may immediately remove from the premises any intern who poses
an immediate threat or danger to personnel or to the quality of medical services, or for
unprofessional behavior. The Facility will notify the appropriate office of the University if such
an action is required. The University may terminate a student's participation when, in its sole
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discretion, further participation by the intern would no longer be appropriate. The University
will notify the Facility if such action is required.
3.4. Expenses. Expenses incurred for normal activities in accordance with this
Agreement shall be covered by the Party incurring the cost, except when otherwise prearranged
in writing,
3.5. Non-Discrimination. Neither University nor Facility will discriminate in any way
based on race, color, religion, sex, national origin, age, genetic information, sexual orientation or
gender identity/expression, disability, status as a protected veteran, or any other status protected
by local, state, or federal law.
3.6. Compliance with the Law. The University and Facility shall comply with all
applicable federal and state laws, Including FERPA and the Health Insurance Portability and
Accountability Act (El IPAA) of 1996, and rules and regulations promulgated thereunder.
4. Term and Termination. This Agreement will commence as of the Effective Date and
will continue for five (5) years or until terminated. This Agreement may be terminated at any
time and for any reason by either Party upon not less than ninety (90) days prior written notice to
the other Party. Should notice of termination be given under this Section, interns scheduled with
Facility prior to the termination date will be permitted to complete any previously scheduled
internship at Facility.
5. Employment Disclaimer. Participation in the internship will not afford interns status as
employees or agents of the Facility or University for any purpose. The Parties agree that interns
will not be entitled to receive any compensation or employment benefits from Facility, including
but not limited to, health care or workers' compensation benefits, vacation, sick time, or any
other benefit of employment, direct or indirect. Interns 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. Facility will not be required to purchase any form of insurance for the
benefit or protection of any intern of the University, The Parties agree that in compliance with
HIPAA, if an intern has access to protected health information of the Facility, then such intern
shall be considered a member of the Facility's "workforce" as that term is defined by 45 CFR
160.103.
6. Liability, Each Party shall be responsible for its own acts and omissions and shall be
liable for payment of that portion of any and all claims, liabilities, injuries, suits, and demands
and expenses of all kinds that may result or arise out of any alleged malfeasance or neglect
caused or alleged to have been caused by such Party or its employees, agents, or subcontractors,
in the performance or omission of any act or responsibility of said Party under this Agreement.
Neither Party shall be liable for any special, consequential, lost profit, expectation, punitive or
other indirect damages in connection with any claim arising out of or relating to this Agreement,
whether grounded in tort (including negligence), strict liability, contract, or otherwise.
7. Miscellaneous
7.1. Government Records and Management Act. Facility acknowledges that
University is a governmental entity subject to the Utah Government Records Access and
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Management Act, Utah Code section 630-2-101 et seq., as amended ("GRAMA"); that
certain records within University's possession or control, including without limitation, the
Agreement (but not including (i) proprietary software or (ii) materials to which access is
limited by the laws of copyright or patent), may be subject to public disclosure; and that
University's confidentiality obligations shall be subject in all respects to compliance with
GRAMA. Pursuant to Section 630-2-309 of GRAMA, any confidential information
provided to University that Facility believes should be protected from disclosure must be
accompanied by a written claim of confidentiality mid a concise statement of reasons
supporting such claim. Notwithstanding any provision to the contrary in the Agreement,
University may disclose any information or record to the extent required by GRAMA or
otherwise required by law, and to University's employees, attorneys, accountants,
consultants and other representatives on a need to know basis; provided, that such
representatives shall be subject to confidentiality obligations no less restrictive than those set
forth in the Agreement.
7.2. Governmental Immunity, Facility further acknowledges that University is a
governmental entity under the Governmental Immunity Act of Utah, Utah Code section 630-
7-101 et seq., as amended (the "Act"). Nothing in the Agreement shall be construed as a
waiver by University of any protections, rights, or defenses applicable to University under
ithe Act, including without limitation, the provisions of Section 630-7-604 regarding
limitation of judgments. it is not the intent of University to incur by contract any liability for
the operations, acts, or omissions of Facility or any third party and nothing in the Agreement
shall be so interpreted or construed. Without limiting the generality of the foregoing, and
notwithstanding any provisions to the contrary in the Agreement, any indemnity obligations
of University contained in the Agreement are subject to the Act and are further limited only
to claims that arise directly and solely from the negligent acts or omissions of University.
Any limitation or exclusion of liability or remedies in the Agreement for any damages other
than special, indirect or consequential damages, shall be void and unenforceable.
73, Notice. Any payment, notice, or other communication required or permitted to be
given to either party hereto shall be in writing and shall be deemed to have been properly given
and effective: (a) on the date of delivery if delivered in person during recipient's normal business
hours; or (b) on the date of attempted delivery if delivered by courier, express mail service or
first-class mail, registered or certified. Such notice shall be sent or delivered to the respective
addresses listed below (which addresses may be updated by providing written notice to the other
Party, as needed):
University- Faci lity-
Utah State University Dietetic Internship Maricopa County Department of Public
Granite Education Center Health
2500 S. State Street, 5 th Floor 4041 N Central Ave, Suite 1400
Salt Lake City, UT 84115 Phoenix, AZ 85012
(385) 646-5570 email: joelkoclicek®mail.marieopa.gov
email: dieteticinternship@usu.edu
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7.4. Assignment. Neither party may assign, transfer, or otherwise dispose of its rights,
interests, or duties hereunder, in whole or in part, to any third party without prior written
approval from the other Party,
7.5. Relationship of Parties, In assuming and performing the obligations of this
Agreement, the Parties are each acting as independent parties and neither shall be considered or
represent itself as a joint venture, partner, agent or employee of the other,
7.6. Amendment and Supplement. Any amendment and/or supplement of this
Agreement shell come into force only after a written agreement is signed by both Parties. The
amendment and supplement duly executed by both Parties shall be part of this Agreement and
shall have the same legal effect as this Agreement.
7.7. Merger. This Agreement embodies the entire understanding of the Parties and
supersedes all previous communications, representations, or understandings, either oral or
written, between the Parties relating to the subject matter thereof.
7.8. Severability. The provisions of this Agreement are severable, and in the event
that any provision of this Agreement shall be determined to be invalid or unenforceable under
any controlling body of the la*, such invalidity or unenforeeability shall not in any way affect
the validity or enforceability of the remaining provisions herein.
7.9. Signature Authority. Individuals executing this Agreement on behalf of the
Parties represent and warrant that they have been authorized to do so.
(signature page follows)
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IN WITNESS THEREOF the Parties have caused this Agreement to be duly executed .01) their
behalf by a duly authorized representative as of the Effective Date set forth above.
UTAH 'T T UNIVERSITY MARICOPA COUNTY, by and for its
Department of Public flealth
By:
Print Nit c. trD By:
Title: Chairman, Board of Supervisors
Date:
Attest:
By;
Date
C/t6d0/1
ate
Approved as to Form Date
Deputy County Attorney
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