PHOENIX IGA PUBLIC HEALTH FELLOW (PART 1) - PE.PDF

Maricopa County — Formal (2022-09-28)

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City of Phoenix
Contract Route Slip
Administrative Regulation (A.R.) 4.21 provides the policy for processing and executing contracts. It is the responsibility of departments to
ensure contracts are executed according to City policies and other governing statutes. For additional contract guidance contact the Law
Department or visit the Contract Resource Center on the City’s Intranet.
Recommended routing order for signatures: (1) Contracting party (There are cases where the Contracting party requires the City to sign
first. This is permissible. If you have questions, consult the Law Department.) (2) City Manager or designee* (A.R. 1.51 requires
Delegation of Authority for designee.) (3) Law Department* (Some departments require review and signature by legal counsel to “Approve
As To Form” prior to the Department Director’s signature, so check with your Department.) and (4) City Clerk. (*Signature required prior to
City Clerk attestation).
Only one contract original is required for processing which will be returned to the department. The official record of the contract will be
maintained electronically by the City Clerk Department. The signature line for City Clerk attestation MUST be on the same page as the
Department Director’s signature. The Contract Route Slip MUST be filled out completely and printed on yellow paper. An incomplete
Contract Route Slip may delay processing. Contracts are processed within 48 hours of receipt and are available via the Intranet Public
22-2D Rev. 7/10
Records Search Page within 72 hours. If special processing is required, please call for arrangements at 602-262-6811.
Recommended Routing
for Signatures
(1) Contracting Party
(2) City Manager or Designee
(3) Law Department
(4) City Clerk
Contract No.
(Issued by City Clerk):
Amendment No.
(If Applicable)
Document Type
(Contract, Lease, IGA, Deed, MOU,
License, Permit, etc.)
All Original Signatures
Required:
YES
NO
Name of Contracting Party/
Vendor(s):
Contract Term:
City Council Approval?
YES
NO
Execution Date:
Council Action Date:
mm/dd/year
Expiration Date:
RCA No.:
Does this document
contain information
classified as confidential or
restricted?(A.R. 1.90)
YES
NO
Agenda Item No.:
Does the contract require
recording with the Maricopa
County Recorder’s Office?
YES
NO
Ordinance or Resolution
No.:
Special Instructions for City
Clerk:
Primary Contact:
Department:
Phone:
Email:
Cost Center or WBS for Legal Services
(If Applicable)
ProLaw No.
Assigned Attorney
Law Department Use Only
Law Department Time Stamp
City Clerk Time Stamp
N/A
IGA

2 years

7/1/2022
06/15/22
6/30/2024

S-48824
Nick Valenzuela
CMO
602-262-7526
nickolas.valenzuela@phoenix.gov
22-022920
luke.christian@phoenix.gov
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Maricopa County Department of Public Health
Return to CMO for signature by County

INTERGOVERNMENTAL AGREEMENT BETWEEN

MARICOPA COUNTY

by and for its Department of Public Health

AND

THE CITY OF PHOENIX

FOR THE

PUBLIC HEALTH FELLOWSHIP PROGRAM

156982--0

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 CITY OF PHOENIX
(hereinafter referred to as THE AFFILIATE), with an address of 200 W. Washington St., Phoenix,
AZ 85003.

WITNESSETH:

WHEREAS, the purpose of the Agreement is to establish a program of cooperative interaction
between COUNTY and THE AFFILIATE to provide Public Health Fellows (“Fellows”) with a
comprehensive, experiential public health experience, in a hybrid environment relating to issues
exacerbated by the COVID-19 pandemic, including mental health and substance misuse and abuse.
Fellows will receive training in the areas of program management, budget and public health
administration;

WHEREAS, it is in the mutual interest and advantage of the parties that the Fellows be given the
opportunity to utilize THE AFFILIATE's facilities;

WHEREAS, it is acknowledged by the parties to this Agreement that the Fellows who participate
in COUNTY’s Public Health Fellowship Program (“Program”) contemplated by this Agreement
are performing duties for a program which is sponsored by COUNTY, and that said Fellows will
be supervised by both COUNTY and THE AFFILIATE while they are performing duties in the
Program contemplated by this Agreement;

WHEREAS, ARIZ. REV. STAT. § 11-952(A) provides that public agencies may enter into
intergovernmental agreements for the provision of services or for joint/cooperative actions;

WHEREAS, THE AFFILIATE is also authorized and empowered to enter this Agreement
pursuant to Chapter II, Section 2 (i), of the Phoenix City Charter; and

WHEREAS, COUNTY has statutory authority to exercise all of the powers granted to municipal
corporations and to cities by the constitution and laws of this State, together with all of the
implied powers necessary to carry into execution all the expressed powers granted therein and
the power the enter into intergovernmental agreements with other governmental entities with
other governmental entities.

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.
Provide one full time (defined as 32 hours or more each week) Public Health
Fellow (“Fellow”) to THE AFFILIATE to work on public health issues
exacerbated by the COVID-19 pandemic related to substance use/misuse

and mental health.

B.
Provide all equipment necessary for the Fellow to conduct business,
including one laptop and one cell phone with service. COUNTY will
purchase business cards that display both COUNTY’s and THE
AFFILIATE’s logos.

C.
Provide comprehensive public health orientation and training to cover, at
minimum, health disparities, health equity, substance use/misuse, COVID
response and community resources, suicide, behavioral health, data
resources and how to access them, relevant public health grants, and other
topics identified by COUNTY training team.

D.
Designate in writing a Public Health Fellowship Coordinator who will be
available for consultation with THE AFFILIATE on all matters of the
operation of the Program to include the qualification, preparation,
evaluation, and working hours of the Fellows placed in the Program.

E.
Select for potential placement in the Program at THE AFFILIATE Fellows
whose previous academic and practical experience has properly prepared
them for the activities and responsibilities required by the Program.

F.
Instruct and advise the selected Fellows of their obligations to THE
AFFILIATE while participating in the Program as those obligations are set
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.

G.
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.

H.
Provide THE AFFILIATE's Fellowship Contact with a written copy of the
policies and rules of the Program that affect the Fellows and are related to
their participation in the Program, and keep THE AFFILIATE's Fellowship
Contact informed of any changes in said policies and rules.

I.
Remove the Fellow(s) from the 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.

J.
Provide THE AFFILIATE's Fellowship Contact all the rights and privileges
necessary for successful participation in the Program.

2.
RESPONSIBILITIES OF THE AFFILIATE

THE AFFILIATE agrees that during the term of this Agreement, it shall:

A.
Provide a list of desirable characteristics and qualities of a chosen Fellow,
and participate in a speed interview process to identify the top two
candidates to be assigned so a mutually beneficial match can be made.

B.
Provide the necessary facilities and supervisory personnel to establish and
carry out the requirements of the Program that will give the Fellows
educational experiences at THE AFFILIATE’s site(s).

C.
Designate a Fellowship Contact who shall be responsible for the Fellows
and act as the single point of contact for all Program-related matters with
COUNTY.

D.
Complete a Program Plan within 30 days of the Program start date on a
template provided by COUNTY that is agency specific. A Program Plan
will be developed by both parties and include agreed-upon goals and
objectives for the Fellow to complete over the course of the Program.

E.
Include the Fellows in all matters relevant to Program learning and
development.

F.
Provide to the Public Health Fellowship Coordinator evaluation of the
Fellows' performance and other such information as may be requested
concerning the Fellows' participation in the Program at THE AFFILIATE’s
site(s).

G.
Provide such training aids and data relating to the various phases of the
Program as may be reasonably necessary.

H.
Allow Fellows access to agency resources such as the library, cafeteria
facilities and secured areas, if applicable.

I.
Provide the Public Health Fellowship Coordinator with a copy of the written
rules, regulations and policies of THE AFFILIATE as they apply to
Program activities and to keep the Public Health Fellowship Coordinator
informed of any changes in said rules, regulations, and policies.

3.
MUTUAL RESPONSIBILITIES OF COUNTY AND THE AFFILIATE

Both parties agree:

A.
To promote community visibility of the Program with other public health

departments, cities, towns, states and higher education institutions.

B.
To work together to identify appropriate projects for Fellows to complete
during the Program.

C.
To notify each other in the event a Fellow is absent or on approved PTO
and make alternate arrangements for workload.

D.
That staff of COUNTY and staff of THE AFFILIATE shall confer at such
times as may be mutually agreed upon to evaluate the progress of the
Program and the Fellows.

E.
To cooperate to provide a sound educational environment to the Fellows
and quality services to all clients of COUNTY and THE AFFILIATE.

F.
That any and all material and/or programs developed by the Fellows during
their participation in the public health fellowship program at COUNTY
shall become the joint property of COUNTY and THE AFFILIATE.

4.
INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER.

This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture, partnership or formal business association or
organization of any kind, and the rights and obligations of the parties will be only
those expressly set forth in this Agreement. The parties agree that the relationship
created by this Agreement between THE AFFILIATE and the Fellows is that of
independent contractors. The Fellows will not be deemed to be employees, agents,
or servants of THE AFFILIATE. The parties agree that no rights of City of Phoenix
Civil Service, retirement or personnel rules will accrue to the Fellows. COUNTY
will have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, and other employee benefits concerning the Fellows, and all taxes
and premiums appurtenant thereto, and will save and hold harmless THE
AFFILIATE with respect thereto.

5.
COMPENSATION

Fellows will be employed full time by COUNTY and receive all benefits
associated therewith. Fellows will be hired under the Market Range title Public
Health Intern with a hiring compensation range of $24.05 - $29.15 hourly. There
will be no financial compensation from the AFFILIATE under the terms of this
Agreement.

6.
WORK STATEMENT

To complete Program requirements, the Fellows will meet the core competencies

and most recent version of COUNTY performance evaluation criteria. All Fellows
will receive a copy of these competencies.

7.
BACKGROUND SCREENING FOR FELLOWS

A.
COUNTY agrees that all Fellows will be subject to background and
security checks and screening (collectively “background screening”) at
COUNTY’S sole cost and expense. COUNTY agrees that background
screening is necessary to preserve and protect the public health, safety and
welfare. COUNTY further agrees that its background screening will
comply with all applicable laws, rules and regulations.

B.
The current risk level and background screening required for this
Agreement is STANDARD RISK LEVEL. The background screening
for this risk level will include a background check for real identity/legal
name, and will include felony and misdemeanor records from any county
in the United States, the state of Arizona, plus any other jurisdiction where
the Fellow has lived at any time in the preceding seven years from the
Fellow’s proposed date of placement with THE AFFILIATE.

C.
COUNTY will be responsible for: (1) determining whether Fellows are
disqualified from performing work for THE AFFILIATE using standard
risk level background checks; and (2) engaging in whatever due diligence
is necessary to make the decision on whether to disqualify a Fellow.

D.
By executing this agreement, COUNTY certifies and warrants that all
background screening information furnished to THE AFFILIATE is
accurate and current. Also, by executing this agreement, COUNTY further
certifies and warrants that it has satisfied all background screening
requirements for the standard risk background screening and verified legal
worker status, as required under this Agreement.

E.
These background screening requirements are the minimum requirements
for the Agreement. THE AFFLIATE in no way warrants that these
minimum requirements are sufficient to protect COUNTY from any
liabilities that may arise out of the Fellow’s services under this Agreement
or COUNTY’s failure to comply with this section. Therefore, COUNTY
will take any reasonable, prudent and necessary measures to preserve and
protect public health, safety and welfare when providing Fellows under
this Agreement.

F.
COUNTY’s background screening obligations and requirements will
continue throughout the entire term of this Agreement. COUNTY will
maintain all records and documents related to all background screenings
under this Agreement and THE AFFILIATE reserves the right to audit
those records and documents.

G.
These background screening requirements are material to THE
AFFILIATE’s entry into this agreement and any breach of these provisions
will be deemed a material breach of this Agreement. In addition to the
indemnity provisions set forth in this Agreement, COUNTY will defend,
indemnify and hold harmless THE AFFILIATE for all claims arising out
of this background screening section including, but not limited to, the
disqualifications of a Fellow.

8.
ACCESS CONTROL, BADGE AND KEY REQUIREMENTS FOR FELLOWS

A.
Fellows’ access to the work areas in each of THE AFFILIATE’s buildings
will be as directed by an authorized representative of THE AFFILIATE.
Fellows are forbidden access to designated restricted areas.

B.
Only authorized Fellows are allowed on the premises of THE AFFILIATE’s
facilities/buildings. Fellows are not to be accompanied in work areas by
acquaintances, family members, assistants or any other person unless said
person is authorized by THE AFFILIATE.

C.
Fellows must always have badges issued by THE AFFILIATE and some
form of verifiable COUNTY identification (badge, uniform, employee
identification).

1.
THE AFFILIATE requires a completed Badge/Key/Intrusion
Detection Responsibilities Agreement for each Fellow who requires
a badge or key.

D.
If the Fellow’s work requires keyed access to enter facilities of THE
AFFILIATE, a separate key issue/return form must be completed and
submitted by COUNTY for each key issued. COUNTY must submit the
completed key issue/return form to the appropriate badging office.

E.
Fellows must immediately report lost or stolen badges or keys to THE
AFFILIATE’s appropriate badging office. If the badge/key was stolen,
Fellows must report the theft to their local police department. Prior to
issuance of a new badge or key, a new badge application or key issue form
must be completed, and a police department report for stolen badges along
with payment of the applicable fee(s) listed herein must be submitted.

F.
All badges and keys are the property of THE AFFILIATE. COUNTY will
collect Fellows’ badges and key(s) and return them to THE AFFILIATE at
the badging office within three business days (excluding weekends and
holidays) after the Fellow’s access to THE AFFILIATE’s facilities is no
longer required under this Agreement.

G.
The following constitute the badge and key fees under this Agreement. THE

AFFILIATE reserves the right to amend these fees upon 30 days prior
written notice to COUNTY.

Replacement Badge Fee:

$55.00 per badge
Lost/Stolen Badge Fee:

$55.00 per badge
Replacement Key Fee:

$55.00 per key
Replacement Locks:

$55.00 per lock

H.
COUNTY’s default under this section will include, but is not limited to,
the following:

1.
Fellow gains access to a City facility(s) without the proper badge or
key;

2.
Fellow uses a badge or key of another to gain access to a City
facility;

3.
Fellow commences work under this agreement without the proper
badge, key or background screening;

4.
Fellow submits false information or negligently submits wrong
information to THE AFFILIATE to obtain a badge or key, or in
connection with a background screening; or

5.
COUNTY fails to collect and timely return Fellow’s badge or key
upon termination of assignment or upon the expiration,
cancellation or termination of this Agreement.

I.
COUNTY acknowledges and agrees that the access control, badge and key
requirements in this section are necessary to preserve and protect the public
health, safety and welfare. Accordingly, COUNTY agrees to properly cure
any default under this section within three business days (excluding
weekends and holidays) from the date notice of default is sent by THE
AFFILIATE. The parties agree that COUNTY’s failure to properly cure any
default under this section will constitute a breach of this section.

9.
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, Fellows 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.

10.
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, current
documentation of self-insurance coverage by furnishing a letter indicating
such.

C.
Each party shall provide the following types and amounts of insurance as
minimums:

1.
Workers' Compensation as required by Arizona law, and Employer's
Liability Insurance of $1,000,000 each accident and disease, and
$1,000,000 disease policy limits.

2.
Unemployment Insurance as required by Arizona law. THE
AFFILIATE’s Unemployment Insurance will not cover the Fellows.

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,
property damage, personal injury (including coverage for
contractual and employee acts) and blanket contractual.

4.
Professional Liability Insurance with a minimum combined single
limit of $1,000,000 for each claim and $3,000,000 aggregate. THE
AFFILIATE’s Professional Liability Insurance will not cover the
Fellows.

5.
Commercial Automobile Liability Insurance with a combined single
limit of $1,000,000. THE AFFILIATE’s Commercial Automobile
Liability Insurance will not cover the Fellows.

6.
Standard minimum deductible amounts are allowable. Any losses
applied against insurance deductibles are the sole responsibility of
the parties.

D.
THE AFFILIATE will immediately inform the 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.

11.
PROFESSIONAL LIABILITY

A.
At all times during the Fellows’ participation in the Program, the COUNTY
shall maintain professional liability insurance covering the Fellows’ acts and
omissions with a minimum combined single limit of $1,000,000 for each
claim, $3,000,000 aggregate.

B.
While providing health care, medical or professional services, Fellows shall
be deemed agents of the COUNTY for purposes of determining professional
liability for acts arising 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 Fellows 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 forMaricopa 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.

12.
NON-LIABILITY

Neither party nor any of their subcontractors, employees, officers, agents or
representatives shall be liable for any act or omission occurring outside the scope
and duties of this Agreement.

13.
RECIPROCAL INDEMNITY

Each party (individually, an "Indemnitor") agrees to indemnify, defend, and hold
harmless each other party (individually, an "Indemnitee") 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 bodily injury of any
person (including death) or property damage, but only to the extent that such Claims
which result in vicarious/derivative liability to the applicable Indemnitee are caused
by the act, omission, negligence, misconduct, or other fault of the other Indemnitor,
its officers, officials, agents, employees, or volunteers. The parties acknowledge
and agree that for purposes of this reciprocal indemnity provision, the Fellows are
agents of COUNTY only and not of THE AFFILIATE.

14.
INTEGRATION

This Agreement constitutes and embodies the full and complete understanding and
agreement of the parties hereto and supersedes all prior understandings,
agreements, discussions, proposals, bids, negotiations, communications, and
correspondence, whether oral or written. No representation, promise, inducement
or statement of intention has been made by any party hereto which is not embodied

in this Agreement, and no party will be bound by or liable for any statement of
intention not so set forth.

15.
MODIFICATION

No supplement, modification, or amendment of this Agreement’s terms are
effective unless in writing and signed by the parties.

16.
APPLICABLE LAW; JURISDICTION

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. ARIZ. REV. STAT. §§ 12-133 and 12-
1518 may require arbitration of a dispute. Otherwise, the dispute is subject to the
jurisdiction of the Maricopa County Superior Court.

17.
COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401; E-VERlFY
REQUIREMENT

A.
COUNTY warrants compliance with all federal immigration laws and
regulations relating to the Fellows 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 shall be deemed a material breach of this Agreement, and
COUNTY may be subject to penalties up to and including termination of
the Agreement.

C.
Failure to verify the employment records of the Fellows shall be deemed a
material breach of this Agreement, and COUNTY may be subject to
penalties up to and including termination of the Agreement.

D.
THE AFFILIATE retains the legal right to inspect the papers of any Fellow
to ensure that COUNTY is complying with the warranty under Paragraph
12.A.

18.
TERM OF AGREEMENT

A.
The term of this Agreement shall be from July 1, 2022 through June 30,
2024. 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 prior written notice

to the other party. Unless either party breaches this Agreement or a Fellow
is removed from the Program under section 1(I) above, this Agreement shall
continue until all Fellows participating in the Program at the time of written
notice of termination have completed their training experience.

19.
NO THIRD-PARTY BENEFICIARIES OR AGENCY

Nothing in this Agreement gives any rights or benefits to anyone but the parties.
All duties and responsibilities undertaken under this Agreement are for the
exclusive benefit of THE AFFILIATE and COUNTY – and not any other party.
This Agreement does not create a contractual relationship with any third party or
otherwise establish any third-party beneficiaries. No third party may enforce the
terms and conditions of this Agreement.

20.
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 their signature on this Agreement shall be
binding upon THE AFFILIATE.

IN WITNESS WHEREOF, COUNTY and THE AFFILIATE have executed this
Agreement.

FOR AND ON BEHALF OF

MARICOPA COUNTY
CITY OF PHOENIX

ACTING BY AND FOR ITS
DEPARTMENT OF PUBLIC
HEALTH
Jeffrey Barton, City Manager

By:

Gina Montes

DEPUTY CITY MANAGER

ATTEST:

Denise Archibald

COUNTY CLERK
CITY CLERK

APPROVED AS TO FORM,

APPROVED AS TO FORM,
CRIS MEYER, CITY ATTORNEY

By:

ASSISTANT CHIEF COUNSEL

DEPUTY COUNTY ATTORNEY

Regina Montes (Aug 24, 2022 11:26 PDT)
LC
Sep 2, 2022

INTERGOVERNMENTAL AGREEMENT DETERMINATION

In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned attorneys
acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective clients; and, (2)
that, as to their respective clients only, each attorney has determined that this Agreement is in proper form
and is within the powers and authority granted under the laws of the State of Arizona.

CRIS MEYER, CITY ATTORNEY

By:

ASSISTANT CHIEF COUNSEL

DEPUTY COUNTY ATTORNEY

Signature:
Email:
LC (Aug 24, 2022 14:43 PDT)
luke.christian@phoenix.gov