CHAMBERLAIN STUDENT AGREEMENT 2.DOCX

CHAMBERLAIN COLLEGE OF NURSING
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) sets
forth the terms of the rotation of Students from Chamberlain College of Nursing, LLC
(“CHAMBERLAIN”), whose principal office is located at 3005 Highland Parkway,
Downers Grove, IL 60515 and whose local office is located at 2149 W. Dunlap Ave,
Phoenix, AZ 85021 to Maricopa County, by and for its Department of Public Health
(“MCDPH”), whose principal office is located at 4041 N. Central Ave., Ste. 1400,
Phoenix, AZ 85012 for educational training and experience. This Agreement shall
commence on January 1, 2015, and is valid through December 31, 2019.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by
CHAMBERLAIN to the applicable MCDPH preceptor prior to the start of the
rotation. If these goals and objectives are acceptable to MCDPH, the MCDPH
preceptor will sign a statement agreeing to meet the goals and objectives of the
rotation and will return the original copy to CHAMBERLAIN.
B. The Program Director of the applicable Training Program at CHAMBERLAIN
shall retain full control and responsibility for the overall education of the
Students.
2. Responsibilities of CHAMBERLAIN for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for supervision and instruction as agreed upon by both parties.
C. Ensure that Students and faculty participating in the program at MCDPH adhere
to existing rules and regulations of MCDPH.
D. Ensure each Student participating in the program at MCDPH meets the same
health standards that are required of all employees at MCDPH. MCDPH may
request upon reasonable notice a physical examination and/or laboratory or
other diagnostic tests for any Student. The Student and CHAMBERLAIN shall
have the option to either agree to such physical examinations, labs and tests or
to withdraw the Student from MCDPH. MCDPH shall not be responsible for any
cost or charges incurred for such physical examinations, labs or tests.
E. Prohibit Students or CHAMBERLAIN staff members from releasing any material
relative to practical experiences that has not been approved for release for
publication or to third parties by MCDPH, or that is confidential by law.
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F. Ensure that Student dress and grooming shall be appropriate for MCDPH and
for health care workers. Students will comply with the MCDPH dress code.
G. Notwithstanding any provision to the contrary, CHAMBERLAIN agrees that the
Faculty Members and Students enrolled at MCDPH shall not be employees or
agents of MCDPH or Maricopa County, and shall not be entitled to any defense
or indemnity under Maricopa County’s Declaration of Trust for Maricopa County,
Arizona, Self-Insured Risk Trust Fund, stipends, benefits, conditions, terms or
rights of MCDPH employees including workers’ compensation, medical or
hospitalization insurance or benefits, pension, retirement or vacation pay, credit
or other benefits or rights of MCDPH employees. MCDPH employees employed
by CHAMBERLAIN as faculty members on their own time (non-MCDPH pay
status) will be subject to the same restrictions as stated herein.
H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Student for the duration of the
assigned rotation, to include commercial general liability insurance of
$2,000,000 each occurrence and $4,000,000 general aggregate, and
professional liability insurance of $2,000,000 per claim and a $4,000,000
aggregate. In the event any insurance policies required herein are written on a
claims made basis, coverage shall extend for two years past the Agreement’s
completion as evidenced by annual Certificates of Insurance. CHAMBERLAIN
will provide proof of such coverage in the form of Certificates of Insurance to
MCDPH.
I. Remove from MCDPH any Student or Faculty Member reasonably identified, for
any reason, as unacceptable by MCDPH.
J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Students or Faculty Members.
K. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with MCDPH medical staff to assign Students to
specific learning experiences that are appropriate for the program(s).
L. Provide a 30-day advance notice for Students assigned to a rotation.
3. Responsibilities of MCDPH for Rotations
A. Provide training experiences and make available the related facilities at MCDPH
for Students enrolled in any program.
B. MCDPH staff will teach and supervise Students while assigned to MCDPH
experiences. Any client services provided by Students shall be under the direct
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and exclusive supervision of qualified staff employed by MCDPH. MCDPH will
be responsible for all patient care at all times
C. Designate a person or persons or MCDPH unit to assist in the coordination of
the Students’ learning experiences, including planning with MCDPH medical
staff for the assignment of Students to specific learning experiences which are
appropriate for the Student’s program.
D. Keep CHAMBERLAIN informed of changes in policy which affect faculty and
Students. MCDPH will provide the Student(s) and CHAMBERLAIN an
orientation to MCDPH, including, without limitation, its rules, regulations,
administrative policies, standards and practices.
4. Mutual Responsibilities of MCDPH and CHAMBERLAIN
A. The personnel of MCDPH and the faculty of CHAMBERLAIN assigned to the
program will confer at such times as may be mutually agreed upon to evaluate
the educational program.
B. The personnel of MCDPH and the faculty of CHAMBERLAIN assigned to the
program shall cooperate in providing a sound educational environment.
C. Students are assigned for practical training experiences in the appropriate
MCDPH unit. Both parties shall mutually agree upon the number of Students
and the appropriate MCDPH unit for training.
D. Upon request, each party will complete program evaluation forms for Students,
faculty, or learning experiences.
5. Term and Termination
A. The term of this Agreement shall be from January 1, 2015, through December
31, 2019. 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; provided, however, Students participating at
MCDPH at the time of termination shall be given an opportunity to complete
their participation.
6. Miscellaneous
A. CHAMBERLAIN and MCDPH shall not discriminate against any individual on
the basis of age, race, religion, creed, sex, national origin, handicap, disability,
sexual orientation or veteran status. To the extent applicable to this Agreement,
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both parties agree to comply with all state and federal employment laws, rules,
regulations and executive orders, including Executive Order 2009-09.
B. Nothing contained herein shall be deemed or construed as creating a
relationship of principal and agent or of partnership or of joint venture between
the Parties. Students shall not be considered servants, agents, or employees of
MCDPH.
C. This Agreement shall be construed and enforced in accordance with 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.
D. This Agreement shall be binding upon and shall inure to the benefit of both
Parties and their respective successors, heirs, assigns and legal
representatives. Neither this Agreement nor any rights hereunder may be
assigned without the prior written consent of the non-assigning Party.
E. Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.
F. This Agreement contains the entire understanding of the Parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the Parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
Parties in writing and shall become effective on the date stated therein.
G. During the term of this Agreement, the Parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules and regulations applicable to the performance of this Agreement, including
without limitation the Health Insurance Portability and Accountability Act and the
Family Educational Records and Privacy Act.
H. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless
the other Party (as "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 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.
I. This agreement is subject to the provisions of A.R.S. § 38-511.
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J. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i. CHAMBERLAIN 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”).
ii. A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and
CHAMBERLAIN may be subject to penalties up to and including
termination of the contract.
iii. 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 CHAMBERLAIN may be subject
to penalties up to and including termination of the Agreement.
iv. 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 i.
v. For questions about E-Verify CHAMBERLAIN should visit the following
web site: http://www.uscis.gov/portal/site/uscis.
IN WITNESS WHEREOF, MCDPH and CHAMBERLAIN have executed this Agreement.
(signature page follows)
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MARICOPA COUNTY CHAMBERLAIN COLLEGE OF
Acting for and on behalf of NURSING, LLC
the Department of Public Health
By: By:
Chairman, Vickie Mudra (Date)
Maricopa County Board of Name:
Supervisors
Title: National Director, Clinical
Learning Services
Attest:
Clerk of the Board Date
Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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