PA RE NUTRITION AND PHYSICAL ACTIVITY WITH CREIGHTON ELEMENTARY SD.PDF

PARTNERSHIP AGREEMENT
between
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
and
CREIGHTON ELEMENTARY SCHOOL DISTRICT
2702 E. FLOWER STREET, PHOENIX, AZ 85016
This non-monetary PARTNERSHIP AGREEMENT is hereby made and entered into by and between
Maricopa County through its Department of Public Health (MCDPH), and Creighton Elementary School
District, (CESD) to be a community partner for the school years 2015-18.
A. PURPOSE:
The purpose of this Partnership Agreement (PA) will be to provide nutrition and physical activity
education programs and services to those schools with 50% or more of their students receiving
free and reduced school lunches. Nutrition and physical activity services by MCDPH will enable
schools to meet school wellness requirements as mandated by the United State Department of
Agriculture (USDA).
B. STATEMENT OF MUTUAL BENEFIT AND INTEREST:
The United States Department of Education and the USDA recognize that schools play a critical
role in creating a healthy environment for the prevention of childhood obesity and for combating
problems associated with poor nutrition and physical inactivity. This PA is an opportunity to
address nutrition and health related issues to low-income children, and their families.
C. MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH AGREES TO:
• Provide nutrition and physical activity programs to schools meeting the above requirements,
• Provide nutrition and physical activity programs to parent groups.
• Provide free nutrition and physical education materials and resources as requested by schools
contingent upon availability of funds.
• Work cooperatively with school staff to support the overall health and wellbeing of students, staff and
families through a healthy school environment.
• Provide school district with a copy of the Fingerprint Clearance Cards through the State of Arizona
Department of Public Safety for all staff providing services.
MCDPH will provide these nutrition and physical activity education services in exchange for CESD School
District's willingness to be a community partner. This PA does not include the exchange of funds
between the two parties. The parties understand and agree that this PA is made contingent upon
availability of funds, In the event that the US Legislature takes action to reduce or defer the funding for
this program, this PA will be amended accordingly.
D. CREIGHTON ELEMENTARY SCHOOL DISTRICT AGREES TO:
• Grant permission to MCDPH to provide nutrition and nutrition integrated physical activity education
support and resources to participating sites.
• Provide space and safe location for programming to occur.
• Provide the name of a staff member to serve as the school contact.
• Assist M-CDPH in scheduling program orientation meeting to school staff.
▪ Allow participating site personnel to assist with the assessment of the effectiveness of the MCDPH
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program e.g. surveys.
E. E-VERIFICATION OF EMPLOYEES:
GESD warrant it is in compliance with A.R.S. § 41-4401 and further acknowledges:
1. CESD and its subcontractors, if any, warrant their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with A.R.S. §
23,214, subsection A: 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 (3) years, whichever is longer;
2. A breach of a warranty under subsection A above shall be deemed a material breach of
this Contract that entitles the County to, among other things, terminate this Contract
without liability;
3, The County retains the right to inspect the papers of the CESD and any subcontractor
employee who works on this Contract to ensure the CESD and all subcontractors are
complying with the warranty provided under subsection A above, and the CESD shall
make all papers and employment records of said employee(s) available during normal
working hours In order to facilitate such an inspection;
4. Nothing herein shall make the CESD or any subcontractor an agent or employee of the
County.
F. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1. NON-FUND OBLIGATING DOCUMENT
This instrument is neither a fiscal nor a funds obligation document, if applicable, any
endeavor or transfer of anything Of value involving reimbursement Or contribution of funds
between the parties to this instrument will be handled in accordance with applicable laws,
regulations, and procedures including those for Government procurement and printing.
Such endeavors will be outlined in separate agreements that shall be made in writing by
representatives of the parties and shall be independently authorized by appropriate
statutory authority. This instrument does not provide such authority. Specifically, this
instrument does not establish authority for noncompetitive award to the cooperator of any
contract or other agreement. Any contract or agreement for MCDPH services must fully
comply with all applicable requirements for competition,
2. EFFECTIVE DATE
This Agreement will begin October 1, 2015 through September 30, 2018. Either party
may terminate this Agreement upon 60 days prior written notice.
3. MODIFICATION OR AMENDMENT
Modifications within the scope of the instrument shall be made by mutual consent of the
parties, by the issuance of a written modification or amendment, signed and dated by all
parties, prior to any changes being enacted.
4. TERMINATION
Either Party, In writing, may terminate the instrument in whole, or in part, at any time
before the date of expiration. Reasons for termination may include but are not rimited to:
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Loss of adequate staffing to reasonably continue the provision of services at the sites.
5, CLIENT CONFIDENTIALITY
Both Parties understand and concur this Agreement is subject to all State and Federal
laws protecting client confidentiality of health care information. Client confidentiality WU
be maintained equally for all individuals presenting for services whether being provided
by MCDPH or CESD, The use or disclosure by either party of any information
concerning an eligible individual served under this Agreement is directly limited to the
fulfillment of this Agreement.
6. LAWS, RULES, AND REGULATIONS
Both parties understand and concur this Agreement is subject to all State and Federal
laws, rules and regulations that pertain hereto,
7. PARTICIPATION IN SIMILAR ACTIVITIES
This Agreement in no way restricts MCDPH or CESD from participating in similar
activities with other public or private agencies, organizations, and individuals.
NON-LIABILITY
Neither MCDPH nor CESD, nor their respective officers and employees, shall be liable
for any act of omission by the other party or other party's subcontractor, employee,
officer, agent, or representative occurring in the fulfillment of this Agreement.
9. INDEMNITY
i. Each Party (as "Indemnitor") agrees to Indemnify, defend, and hold harmless the
other Party (as nindemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of the negligent performance of this
Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers.
11. CANCELLATION:
This Partnership Agreement Is subject to cancellation as provided under A.R.S. § 38 -511.
12. COMMUNICATION AND PRINICIPAL CONTACTS:
Nlaricopa County Department of Creighton Elementary School District
Public Health, Arizona Nutrition Network
Julie Scholer, M.Ed., IvIPA Dr. Charlotte Boyle, Superintendent
Nutrition and Physical Activity Program
Supervisor
Phone: 602 506-9325 Phone: 602-381-6000
FAX: 602 506-9330
E-Mail: JulleScholer@rnail,rnaricooa.gov
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IN WITNESS WHEREOF, the parties agree to the changes indicated herein:
FOR AND ON BEHALF OF FOR AND ON BEHALF _OF
MARICOPA COUNTY CESD SCHOOL MSTRICT
By By
Chairman, Board of Supervisors
LOD'S .
Date Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the Board of Supervisors Signature
Date Date