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AFFILIATION AGREEMENT BETWEEN MARICOPA COUNTY by and through its Department of Public Health AND YUMA ELEMENTARY SCHOOL DISTRICT #1 FOR DIETETIC INTERNSHIP PROGRAM IN THE OFFICE OF NUTRITION SERVICES 1 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 Yuma Elementary School District #1 (hereinafter referred to as THE AFFILIATE), whose principal office is located at 450 W. 6th St., Yuma, AZ 85364. 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: 1. 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; c. Instruct and advise the selected interns of their obligations to THE AFFILIATE while participating in the program as those obligations are set 2 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). 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 THE AFFILIATE site(s). d. Provide such training aids and data relating to the various phases of the program as may be reasonably necessary; 3 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. 4 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. 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, $2,000,000 general aggregate and $2,000,000 products/completed operations 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 5 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 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. 9. NON-LIABILITY Neither party shall be liable for any act or omission by the other party or its subcontractors, employees, officers, agents or representatives of the party or subcontractors occurring outside the scope and duties of this Agreement. 10. RECIPROCAL INDEMNITY To the extent permitted by law, each party (as “indemnitor”) agrees to indemnify, defend, and hold harmless the other party (as “indemnitee”) for, 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. 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 To the extent applicable under A.R.S. § 41-4401, both parties warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). A party’s or its subcontractors’ breach of the above-mentioned warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the non-breaching party. Both parties retain the legal right to randomly inspect the papers and records of the other party or its subcontractor employees who work on this Agreement to ensure that the 6 party and its subcontractors are complying with the above-mentioned warranty. 13. TERMS OF AGREEMENT A. The term of this Agreement shall be from January 1, 2014 through June 30, 2018. 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. SUBJECT TO APPROPRIATION Every payment obligation of either party under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations by the governing body of such party. If the funds are not allocated and available for the continuance of this Agreement, that party may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to such party in the event this provision is exercised, and such party shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 15. INDEPENDENT CONTRACTOR The parties acknowledge and agree that the services provided under this Agreement are being provided as an independent contractor not as an employee or agent of the other party. 16. WORKERS’ COMPENSATION An employee of one party shall be deemed to be an “employee” of both public agencies while performing pursuant to this Agreement solely for purposes of A.R.S.§ 23-1022 and the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for any workers’ compensation benefits which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-1022 in substantially the following form: “All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of worker’s compensation.” 7 17. 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. IN WITNESS WHEREOF, COUNTY and THE AFFILIATE have executed this Agreement. MARICOPA COUNTY YUMA ELEMENTARY SCHOOL DISTRICT Acting by and through its Department of Public #1 Health 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 8