AFFILIATION AGREEMENT RE DIETETIC INTERNSHIP WITH SOUTHWEST HUMAN DEVELOPMENT.PDF

AFFILIATION AGREEMENT
BETWEEN
MARICOPA COUNTY
by and for its
Department of Public Health
AND
SOUTHWEST HUMAN DEVELOPMENT
FOR
DIETETIC INTERNSHIP PROGRAM
IN THE
OFFICE OF NUTRITION SERVICES
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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 Southwest Human th
Development, an Arizona nonprofit corporation, whose principle office is located at 2850 N. 24
St., Phoenix, AZ 85008 (hereinafter referred to as THE AFFILIATE).
WITNESSETH:
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 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; and
NOW, THEREFORE, upon the mutual promises and covenants contained herein, COUNTY and
THE AFFILIATE agree as follows:
. 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;
Instruct and advise the selected interns of their obligations to THE
AFFILIATE while participating in the program as those obligations are set
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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
h. 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).
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;
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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 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 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 AFFILIATE
under the terms of this agreement.
5. WORK STATEMENT
To complete program graduation requirements, the interns will meet the 47 Core
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, 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 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
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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. THE AFFILIATE 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 THE AFFILIATE'S commercial general liability and
commercial automobile liability insurance; or, if THE AFFILIATE 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:
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.
2. Unemployment Insurance as required by Arizona law.
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.
4. Standard minimum deductible amounts are allowable. Any losses applied
against insurance deductibles are the sole responsibility of THE AFFILIATE.
5. Professional Liability Insurance with a minimum combined single limit of
$1,000,000 for each claim and $3,000,000 aggregate.
6. Commercial Automobile Liability Insurance with a combined single limit of
$1,000,000.
D. THE AFFILIATE 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
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.
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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 Revised Restated Declaration of
Trust for Maricopa County Arizona Self-Insured Risk Trust Fund, approved by the
Maricopa County Board of Supervisors maintained and administered by the Maricopa
County Risk Management Department.
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. RECIPROCAL INDEMNITY
Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other
party (as "indernnitee") 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, and is subject
to the provisions of A.R. S. § 38-511.
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
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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:
http://www.uscis.gov/portal/site/uscis.
13. 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 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.
14. SIGNATURE AUTHORIZATION
Any individual executing this Agreement on behalf of THE AFFILIATE represents and
warrants to COUNTY that they are duly authorized to execute this Agreement on behalf
of THE AFFILIATE, and that upon their signature this Agreement shall be binding upon
THE AFFILIATE.
(signature page follows)
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IN WITNESS WHEREOF, COUNTY and THE AFFILIATE have executed this Agreement.
MARICOPA COUNTY SOUTHWEST HUMAN DEVELOPMENT
Acting by and for its Department of Public
Health
By: By:
Marieopa County Board of Supervisors Name:
Title:
Attest:
Clerk of the Board Date
Approved as to Form Date
Deputy County Attorney
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