IGA RE DIETETIC INTRNSHP PRGM WITH TUCSON USD.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
by and through its
Department of Public Health
AND
TUCSON UNIFIED SCHOOL DISTRICT
FOR
DIETETIC INTERNSHIP PROGRAM
IN THE OFFICE OF NUTRITION SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is entered into by and between Maricopa
County, a body politic of the state of Arizona, acting by and through its Department of Public
Health (hereinafter "County"), whose principal office is located at 4041 N. Central Ave., Ste.
1400, Phoenix, AZ 85012 and Tucson Unified School District, a body politic of the state of
Arizona (hereinafter "TUSD"), whose principal office is located at 1010 E Tenth Street, Tucson,
AZ 85719, and locations where TUSD's Food Services Department provides services.
WITNESSETH:
WHEREAS, the purpose of the Intergovernmental Agreement (hereinafter "Agreement") is to
establish a program of cooperative interaction between County and TUSD 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 TUSD'S facilities for educational and supervisory experience purposes; and
WHEREAS, the provisions of A.R.S. §11-951, et seq. authorizes the to enter into Agreements
with one another for joint or cooperative action; 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 TUSD 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 American Dietetic Association Council on Education Division of Education
Accreditation/Approval, a specialized accrediting body recognized by the Council on
Postsecondary Accreditation and the United States Department of Education.
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NOW, THEREFORE, upon the mutual promises and covenants contained herein, County and
TUSD 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 TUSD 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 TUSD 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 TUSD while
participating in the program as those obligations are set forth in writing by
TUSD, and to comply with all written rules, regulations and policies of
TUSD while they participate in the program;
d. Provide such supervision and instruction, in addition to that made
available by TUSD at its facilities, as may be agreed upon by County and
TUSD;
e. Provide TUSD'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
TUSD'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 TUSD; or if they fail to comply with the
written rules, regulation and policies of TUSD;
g. Provide TUSD'S Registered Dietitian Site Director all the rights and
privileges of an adjunct faculty member; and
h. Advise TUSD in writing at least thirty (30) days prior to the arrival of
interns at TUSD of the date anticipated for commencement of their
participation in the program.
2. RESPONSIBILITIES OF TUSD
TUSD agrees that during the term of this Agreement it shall:
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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
TUSD 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 TUSD 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;
f. Provide the Dietetic Internship Program Director with a copy of the
written rules, regulations and policies of TUSD as it applies to the dietetic
internship programmatic activities.
3. MUTUAL RESPONSIBILITIES OF County AND TUSD
Both parties agree:
a. That faculty of County, and faculty of TUSD 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 TUSD; and
c. 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 TUSD.
4. COMPENSATION
Interns will not receive financial compensation from either County or TUSD under the
terms of this Agreement.
5. WORK STATEMENT
To complete program graduation requirements, the interns will meet the 47 Core
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Competencies and 10 Community Competencies for the Supervised Practice Components
of entry level dietitians as listed in the Commission on Accreditation for Dietetic
Education Accreditation Handbook, C 2002, pages 32-35. 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 TUSD 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. 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.
B. TUSD 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, or, if TUSD is self-insured, shall provide the County with current
documentation of self-insurance coverage by furnishing a letter indicating such.
C. The following types and amounts of insurance are required as minimums:
. Worker's Compensation as required by Arizona law.
2. Unemployment Insurance as required by Arizona law.
3. Commercial general liability insurance with a minimum combined single limit
of one million dollars ($1,000,000) each occurrence. 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.
4. Standard minimum deductible amounts are allowable. Any losses applied
against insurance deductibles are the sole responsibility of TUSD.
5. Professional Liability Insurance with a minimum of combined single limit of
one million dollars ($1,000,000) for each occurrence.
D. TUSD will immediately inform the Dietetic Internship Program Director of any
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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
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 one million dollars ($1,000,000) for
each occurrence, three million dollars ($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 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.
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 Maricopa County Self Insurance Trust
Document, approved by the Maricopa County Board of Supervisors 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 TUSD or any subcontractor, employee, officer, agent or representative of
Contractor or subcontractors occurring outside the scope and duties of this Contract.
10. RECIPROCAL INDEMNITY
Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other
party (as "indemnitee") from and against any and all claims, losses, damages and
expenses (including reasonable attorney's fees), hereinafter collectively referred to as
"claims," arising out of the negligent acts, misconduct or omissions of the indemnitor, its
agents, or employees.
11. APPLICABLE LAW
This agreement shall be construed under the laws of the State of Arizona.
12. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401, GOVERNMENT
PROCUREMENT; E-VERIFY REQUIREMENT
A. TUSD 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
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employee, shall verify the employment eligibility of the employee through the E-
Verify program").
B. A breach of warranty regarding compliance with immigration laws and regulations
shall be deemed a material breach of this Agreement and TUSD 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 TUSD 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 TUSD should visit the following web site:
http://www.uscis.gov/portal/site/uscis.
13. MODIFICATIONS
This Agreement shall be modified only by a written Amendment signed by persons duly
authorized to enter into agreements on behalf of the County and TUSD.
14. TERMS OF AGREEMENT
A. The term of this Agreement shall be from July 1, 2015 through June 30, 2020. The
Agreement may be renewed for additional one-year 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 participating in the dietetic
internship program at the time of written notice of the termination of the Agreement
have completed their training experience. This Agreement is also subject to the
terms and conditions of A.R.S. §38-511, Statutory Right of Cancellation for
Conflict of Interest.
15. SIGNATURE AUTHORIZATION
Any individual executing this Agreement on behalf of TUSD represents and warrants to
County that they are duly authorized to execute this Agreement on behalf of TUSD, and
that upon their signature this Agreement shall be binding upon TUSD.
(signature page follows)
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IN WITNESS WHEREOF, County and TUSD have executed this Agreement.
MARICOPA COUNTY TUCSON UNIFIED SCHOOL DISTRICT
Acting by and through its Department of
Public Health
By: By:
Chahuian, Date Date
Maricopa County Board of Director, Food Services Department
Supervisors
Attest:
Clerk of the Board
Director, MCDPH
Deputy County Attorney Date
Approved as to Form
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