AGRMT RE DIETETIC INTERSHIP WITH ADHS.PDF

INTERN AFFILIATION AGREEMENT
No. AGR2017-034
BETWEEN
MARICOPA COUNTY
DEPARTMENT OF PUBLIC HEALTH
AND
ARIZONA
DEPARTMENT OF HEALTH SERVICES
FOR THE
DIETETIC INTERNSHIP PROGRAM
THIS AGREEMENT is entered into by and between Maricopa County, acting by and through 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 the State of Arizona, acting by and through its
Department of Health Services, (hereinafter referred to as ADHS), whose principal office is located at 150
N. 18th Ave., Phoenix, AZ 85007.
WITNESSETH:
WHEREAS, the purpose of the Agreement is to establish a program of cooperative interaction between
COUNTY and ADHS 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 ADHS'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
ADHS while they are performing 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 ADHS
agree as follows:
1. RESPONSIBILITIES OF COUNTY:
COUNTY agrees that during the term of this Agreement, it shall:
1.1. Designate in writing a Dietetic Internship Program Director who will be available for
consultation with ADHS 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;
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1.2. Select for potential placement in the program at ADHS interns whose previous academic
and practical experience has properly prepared them for the activities and responsibilities
required by the program;
1.3. Instruct and advise the selected interns of their obligations to ADHS while participating in
the program as those obligations are set forth in writing by ADHS, and to comply with all
written rules, regulations and policies of ADHS while they participate in the program;
1.4. Provide such supervision and instruction, in addition to that made available by ADHS at
its facilities, as may be agreed upon by COUNTY and ADHS;
1.5. Provide ADHS'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 ADHS’s Registered Dietitian Site Director informed
of any changes in said policies and rules;
1.6. 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 ADHS; or if they fail to comply with the written rules, regulation and
policies of ADHS;
1.7. Provide ADHS's Registered Dietitian Site Director all the rights and privileges of an
adjunct faculty member; and
1.8. Advise ADHS in writing at least thirty (30) days prior to the arrival of interns at ADHS of
the date anticipated for commencement of their participation in the program.
2. RESPONSIBILITIES OF ADHS:
ADHS agrees that during the term of this Agreement it shall:
2.1. 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 ADHS site(s).
2.2. Designate a Registered Dietitian Site Director who shall be responsible for the interns
and act as the dietetic internship program coordinator with COUNTY.
2.3. 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
ADHS site(s).
2.4. Provide such training aids and data relating to the various phases of the program as may
be reasonably necessary;
2.5. Allow interns to utilize library and cafeteria facilities if available;
2.6. Provide the Dietetic Internship Program Director with a copy of the written rules,
regulations and policies of ADHS as it applies to the dietetic internship programmatic
activities.
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3. MUTUAL RESPONSIBILITIES OF COUNTY AND ADHS:
Both parties agree:
3.1. That faculty of COUNTY, and faculty of ADHS shall confer at such times as may be
mutually agreed upon to evaluate the progress of the dietetic internship program and the
interns;
3.2. To cooperate to provide a sound educational environment to the interns and quality
services to all clients of COUNTY and ADHS; and
3.3. That any and all material and/or programs developed by the interns during their
participation in the dietetic internship program at COUNTY shall become the joint
property of COUNTY and ADHS.
4. COMPENSATION:
Interns will not receive financial compensation from either COUNTY or ADHS under the terms of
this agreement.
5. WORK STATEMENT:
To complete program graduation requirements, the interns will meet the Core Competencies for
the RD as listed in the Accreditation Council for Education in Nutrition and Dietetics (ACEND)
Standards for Internship Programs in Nutrition and Dietetics Leading to the RD Credential
approved February 24, 2012, effective June 1, 2015, pages 54-57. 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 ADHS 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:
7.1. Each party shall have in effect at all times during the term of this Agreement insurance or
comparable self-insurance which is adequate to protect the other party, its officers and
employees, participants and equipment against such losses as are set forth below.
7.2. ADHS shall provide COUNTY, upon request, with a current Certificate of Insurance or a
certified copy of the insurance policy naming Maricopa County as an additional insured
under ADHS’S commercial general liability and commercial automobile liability insurance;
or, if ADHS is self-insured, shall provide the COUNTY with current documentation of self-
insurance coverage by furnishing a letter indicating such.
7.3. The following types and amounts of insurance are required as minimums:
7.3.1. Workers’ Compensation as required by Arizona law, and Employer’s Liability
Insurance of $1,000,000 each accident, $1,000,000 disease and $1,000,000
disease policy limits.
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7.3.2. Unemployment Insurance as required by Arizona law.
7.3.3. Commercial general liability insurance with a minimum of $1,000,000 each
occurrence, and $2,000,000 general aggregate. The policy shall include
coverage for public liability, bodily injury, and property damage, personal
injury (including coverage for contractual and employee acts) and blanket
contractual.
7.3.4. Standard minimum deductible amounts are allowable. Any losses applied
against insurance deductibles are the sole responsibility of ADHS.
7.3.5. Professional Liability Insurance with a minimum combined single limit of
$1,000,000 for each claim and $3,000,000 aggregate.
7.3.6. Commercial Automobile Liability Insurance with a combined single limit of
$1,000,000.
7.4. ADHS will immediately inform the Dietetic Internship Program Director of any cancellation
of its insurance or any decrease in its lines of coverage at least thirty (30) days before
such action takes place.
8. PROFESSIONAL LIABILITY:
8.1. 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.
8.2. The Dietetic Interns, while providing health care, medical or professional services shall be
deemed agents of the COUNTY for purposes of determining 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.
8.3. 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
ADHS or any subcontractor, employee, officer, agent or representative of Contractor or
subcontractors occurring outside the scope and duties of this Contract.
10. INDEMNITY:
10.1. 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 ADHS, ADHS 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.
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10.2. ADHS's duty to defend, indemnify, and hold harmless the COUNTY, 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 ADHS, 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.
10.3. 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:
12.1. ADHS 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”).
12.2. A breach of warranty regarding compliance with immigration laws and regulations shall
be deemed a material breach of this Agreement and ADHS may be subject to penalties
up to and including termination of the Agreement.
12.3. 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 ADHS may be subject to penalties up to and including termination of the Agreement.
12.4. 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.
12.5. For questions about E-Verify ADHS should visit the following web site:
http://www.uscis.gov/portal/site/uscis.
13. TERMS OF AGREEMENT:
13.1. The term of this Agreement shall be from July 1, 2017 through June 30, 2022. The
Agreement may be renewed for additional terms by the mutual consent of both parties.
13.2. 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 participating in the dietetic internship program at
the time of written notice of the termination of the Agreement have completed their
training experience.
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14. SIGNATURE AUTHORIZATION:
Any individual executing this Agreement on behalf of ADHS represents and warrants to COUNTY
that they are duly authorized to execute this Agreement on behalf of ADHS, and that upon their
signature this Agreement shall be binding upon ADHS.
IN WITNESS WHEREOF, COUNTY and ADHS have executed this Agreement.
MARICOPA COUNTY STATE OF ARIZONA
Acting by and for its Department of Public Acting by and for its Department of Health
Health Services
By: By:
Chairman, Date
Maricopa County Board of Supervisors Name:
Title:
Attest:
Clerk of the Board Date
Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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