ASU DIETETIC INTERNSHIP PROGRAM_SPA.PDF
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1 AFFILIATION AGREEMENT BETWEEN MARICOPA COUNTY by and for its Department of Public Health AND THE ARIZONA BOARD OF REGENTS by and for ARIZONA STATE UNIVERSITY FOR THE DIETETIC INTERNSHIP PROGRAM 2 THIS Affiliation Agreement (“Agreement”) is entered into by and between Maricopa County, acting by and for its Department of Public Health (referred to as “COUNTY”), and the Arizona Board of Regents, a body corporate, for and on behalf of Arizona State University (referred to as “THE AFFILIATE”). 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 Accreditation Council for Education in Nutrition and Dietetics (“ACEND”), 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 that the dietetic interns who participate in the dietetic internship program are performing duties for a program that is sponsored by COUNTY, and that the dietetic interns will be supervised by both COUNTY and THE AFFILIATE; and WHEREAS, the dietetic internship program of COUNTY is currently accredited by the Accreditation Council for Education in Nutrition and Dietetics (ACEND), a specialized accrediting body recognized by the Council on Postsecondary Accreditation and the United States Department of Education; and 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 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 3 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 these 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, regulations, and policies of THE AFFILIATE. G. Provide THE AFFILIATE'S Registered Dietitian Site Director all the rights and privileges of an adjunct faculty member. H. Notify THE AFFILIATE in writing at least 30 days prior to the interns’ anticipated start date. 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. 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: 4 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. C. That for purposes of the Family Educational Rights and Privacy Act (“FERPA”), COUNTY will be considered an official of THE AFFILIATE with a legitimate educational reason to have access to limited personally identifiable information from Student records. THE AFFILIATE agrees to provide authorized representatives of COUNTY limited personally identifiable information about Students that is reasonably necessary for participation in the Dietetic Internship. No other information from Student’s education record will be provided unless COUNTY provides a written consent from the Student to the release of such information or THE AFFILIATE determines, in its sole discretion, that the release of such information is in compliance with FERPA. COUNTY agrees that it will not further disclose personally identifiable information about any Student that it receives from THE AFFILIATE pursuant to this Agreement, unless the Student consents in writing to such disclosure or unless COUNTY can otherwise legally disclose the information under FERPA. In consideration for the receipt of the personally identifiable information, COUNTY expressly warrants and represents that it will not use the Student information provided by THE AFFILIATE for any purpose other than to comply with the terms of this Agreement. 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 core competencies and most recent version of standards for the Registered Dietician Nutritionist (RDN) as set by the ACEND for the dietetic internship programs. All interns will receive a copy of these competencies. 6. NONDISCRIMINATION The parties shall not discriminate against any individual on the basis of race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status, whether as to employees, applicants for employment, interns, or clients. To the extent applicable to this Agreement, both parties 5 agree to comply with all state and federal laws, rules, regulations, and executive orders, including Executive Order No. 2009-09 as modified by Executive Order 2023-01, regarding equal employment opportunity and non-discrimination. 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 following types and amounts of insurance are required as minimums: THE AFFILIATE shall keep in full force and effect at all times during the term of this Agreement comprehensive general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000.00) annual aggregate covering students and faculty. Professional liability insurance with limits of not less than one million dollars ($1,000,000) for each occurrence and three million dollars ($3,000,000) in the aggregate shall be maintained by THE AFFILIATE if internship assignment involves the delivery of professional services. THE AFFILIATE shall also maintain workers’ compensation for its employees as required by the respective state law. Upon written request, THE AFFILIATE will furnish COUNTY with reasonable documentation evidencing compliance with this section. C. THE AFFILIATE is self-insured through the State of Arizona, Arizona Department of Administration, Risk Management Division in accordance with A.R.S. 41-621. THE AFFILIATE maintains insurance to cover liabilities arising from the acts and omissions of the COUNTY’S employees and agents participating under this Agreement, except as provided for in Arizona law, including Arizona Revised Statutes (ARS) ARS §12-820.05 and 41-621(L). THE AFFILIATE is not responsible for maintaining insurance coverage for liability arising from the acts and omissions of the COUNTY’S employees and agents. THE AFFILIATE is self- insured, shall provide the COUNTY with current documentation of self-insurance coverage by furnishing a letter indicating such. D. THE AFFILIATE is responsible for the acts and omissions of its employees and agents and must maintain adequate insurance (which may include a bona fide self- insurance program) to cover any liability arising from the acts and omissions of THE AFFILIATE’S employees and agents. THE AFFILIATE is not responsible for maintaining insurance to cover liability arising from the acts and omissions of the employees and agents of the COUNTY. COUNTY students are not deemed to be employees of THE AFFILIATE by virtue of this Agreement. Upon written request, THE AFFILIATE will furnish COUNTY with proper certificates of insurance evidencing compliance with this section. 6 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. 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 and maintained and administered by the Maricopa County Risk Management Department. 9. NON-LIABILITY 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 Agreement. 10. APPLICABLE LAW A. This Agreement shall be construed under the laws of the State of Arizona. 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. B. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 11. FORCED LABOR OF ETHNIC UYGHURS THE AFFILIATE warrants and certifies that it does not currently, and agrees for the duration of the Agreement term that it will not, use: A. The forced labor of ethnic Uyghurs in the People’s Republic of China. B. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 7 C. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If THE AFFILIATE becomes aware during the term of the Agreement that THE AFFILIATE is not in compliance with this paragraph, THE AFFILIATE shall notify COUNTY within five business days after becoming aware of the noncompliance. Failure of THE AFFILIATE to provide a written certification that THE AFFILIATE has remedied the noncompliance within 180 days after notifying COUNTY of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said 180- day period. 13. 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(A), which states, “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 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 13(A). E. For questions about E-Verify THE AFFILIATE should visit the following web site: http://www.uscis.gov. 14. TERMS OF AGREEMENT A. The term of this Agreement shall be from September 1, 2024 through June 30, 2034. 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 30 days prior written notice to the other party. Notwithstanding anything to the contrary this Agreement shall 8 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. 15. AFFILIATE AND STATE PROVISIONS A. Arbitration in Superior Court. The parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to ARS § 12-133. ARS § 12-1518 requires this provision in all THE AFFILIATE’s contracts. B. Records. To the extent required by ARS § 35-214, the COUNTY will retain all records relating to this Agreement. The COUNTY will make those records available at all reasonable times for inspection and audit by THE AFFILIATE or the Auditor General of the State of Arizona during the term of this Agreement and for 5 years after the completion of this Agreement. The records will be provided at THE AFFILIATE in Tempe, Arizona, or another location designated by THE AFFILIATE on reasonable notice to the COUNTY. C. Failure of Legislature to Appropriate. In accordance with ARS § 35-154, if THE AFFILIATE’s performance under this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then THE AFFILIATE may provide written notice of this to COUNTY and cancel this Agreement without further obligation of THE AFFILIATE. Appropriation is a legislative act and is beyond the control of THE AFFILIATE. D. Advertising, Publicity, Names and Marks. Neither Party will use any names, service marks, trademarks, trade names, logos, or other identifying names, domain names, or identifying marks of the other Party without, in each case, the prior written consent of the other Party. Both Parties' use of any Names and Marks must comply with the other Party's requirements including using the ® indication of a registered trademark where applicable. E. Title IX. Title IX protects individuals from discrimination based on sex, including sexual harassment. THE AFFILIATE fosters a learning and working environment built on respect and free of sexual harassment. THE AFFILIATE’s expectations for an Environment of Respect are available at this link, which may be modified from time to time (http://www.asu.edu/titleIX/Vendors-and-an-Environment-of-Respect-Title- IX.pdf). 16. 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. 9 IN WITNESS WHEREOF, COUNTY and THE AFFILIATE have executed this Agreement. MARICOPA COUNTY Acting by and for its Department of Public Health THE ARIZONA BOARD OF REGENTS For and on behalf of Arizona State University By: By: Chairman, Maricopa County Board of Supervisors Name: Date Nancy Gonzales Title: Executive VP and University Provost Attest: Clerk of the Board Date Approved as to Form Date Deputy County Attorney August 2, 2024