CAA_MARICOPA COUNTY HEALTH DEPARTMENT_1S.PDF
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CHAMBERLAIN UNIVERSITY
STUDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Student Rotation Training Agreement (“Agreement”) sets
forth the terms of the rotation of Students (“Student(s)”) from Chamberlain University
(“CHAMBERLAIN”), whose principal office is located at 500 W. Monroe St. Ste. 1300,
Chicago, IL 60661 and whose local office is located at 20410 N. 19th Ave., Phoenix, AZ
85027 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.
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 a 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 participating in the program along with any faculty observers
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 by MCDPH for
release for publication or to third parties, 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 observers 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, 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 may, at its own election, decide to
provide Students a stipend. MCDPH employees employed by CHAMBERLAIN as
faculty members on their own time (non-MCDPH pay status) will be subject to the
same restrictions.
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 $1,000,000
each occurrence and $3,000,000 general aggregate, and professional liability
insurance of $1,000,000 per claim and a $3,000,000 aggregate. In the event any
insurance policies required 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 and will endeavor to provide
MCDPH at least thirty (30) days advance written notice of any cancellation or non-
renewal.
I.
Remove from MCDPH any Student or faculty observer identified for any reason
as unacceptable by MCDPH.
J. Reimburse MCDPH for damage to equipment or supplies, provided MCDPH
provides evidence that such damage was caused by Students or faculty
observers.
K. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with MCDPH 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.
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B. MCDPH staff will teach and supervise Students while assigned to MCDPH
experiences. Any client services provided by Students shall be under the direct
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 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 that affect Students and
faculty observers. MCDPH will provide the Student(s) and CHAMBERLAIN an
orientation to MCDPH, including, without limitation, its rules, regulations,
administrative policies, standards, and practices.
E. Provide professional and either general liability insurance coverage or self-
insurance coverage for itself and its employees, to include commercial general
liability insurance of $1,000,000 each occurrence and $3,000,000 general
aggregate, and professional liability insurance of $1,000,000 per claim and a
$3,000,000 aggregate. In the event any insurance policies required 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. MCDPH will provide
proof of such coverage in the form of Certificates of Insurance to CHAMBERLAIN
and will endeavor to provide CHAMBERLAIN at least thirty (30) days advance
written notice of any cancellation or non-renewal.
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.
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5. Term and Termination
A. The term of this Agreement shall be from January 1, 2025, 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; 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 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,
students, faculty, or clients. To the extent applicable to this Agreement, both
parties agree to comply with all state and federal employment laws, rules,
regulations, and executive orders, including Executive Order 2009-09 as
amended by Executive Order 2023-01, relating to equal employment opportunity
and non-discrimination.
B. CHAMBERLAIN and MCDPH shall comply with the Americans with Disabilities
Act of 1990, as amended by the ADA Amendments Act of 2008 ("ADA"), which
became effective as of January 1, 2009, Section 504 of the Rehabilitation Act of
1973 ("Section 504"), and Title IX, and shall cooperate to ensure that applicable
Student(s) receive reasonable accommodations.
C. CHAMBERLAIN shall be notified by MCDPH of any internal or external allegations
or reports of misconduct pertaining to a Student's experience during the course
of the Rotation (pertaining to the MCDPH premises or the MCDPH'S operations),
including but not limited to sexual harassment complaints and ethics
investigations. In the instance a Student notifies CHAMBERLAIN of sexual
misconduct by a Preceptor, an agent or employee of the MCDPH, or another
Student in the Rotation, pursuant to Title IX of the Education Amendments of 1972
("Title IX"), CHAMBERLAIN will investigate and parties will make reasonable
efforts to cooperate with the investigation. Parties agree to meet and confer
regarding any investigations pertaining to any Student(s), Preceptor(s), agents,
or employees of the MCDPH.
D. Nothing in this Agreement shall be deemed or construed as creating a
relationship of principal and agent or of partnership or of joint venture between
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the parties. Students shall not be considered servants, agents, or employees of
MCDPH.
E. 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.
F.
This Agreement shall be binding upon and shall inure to the benefit of both parties
and their respective successors, heirs, assigns and legal representatives. This
Agreement may not be assigned in part or whole without the prior written consent
of both parties.
G. Individuals executing this Agreement on behalf of the parties represent and
warrant that they have been authorized to do so.
H. 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 that are not expressly included are of no force
or effect. Any modifications or amendments must be agreed to by both parties in
writing.
I.
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.
J.
Each party (as “indemnitor”) agrees to indemnify and hold harmless the other
Party (as “indemnitee”) from and against claims, damages, losses, and expenses
(including, but not limited to reasonable attorneys' 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 negligent act, omission, or other fault of the
indemnitor, its officers, officials, or employees.
K. CHAMBERLAIN warrants and certifies that it does not currently, and agrees for
the duration of the Agreement that it will not, use:
i.
The forced labor of ethnic Uyghurs in the People’s Republic of China.
ii.
Any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
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iii.
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 CHAMBERLAIN becomes aware during the term of the Agreement that
CHAMBERLAIN is not in compliance with this paragraph, CHAMBERLAIN shall
notify MCDPH within five business days after becoming aware of the
noncompliance. Failure of CHAMBERLAIN to provide a written certification that
CHAMBERLAIN has remedied the noncompliance within 180 days after notifying
MCDPH of its noncompliance shall result in the termination of this Agreement
unless the Term of this Agreement shall end prior to said 180-day period.
L.
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(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”.
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.
M. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
(signature page follows)
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IN WITNESS WHEREOF, MCDPH and CHAMBERLAIN have executed this Agreement.
MARICOPA COUNTY
Acting for and on behalf of
the Department of Public Health
CHAMBERLAIN UNVERSITY
By:
By:
Chairman,
Maricopa County Board of
Supervisors
Name:
Date
Title:
Attest:
Clerk of the Board
Date
Approved as to Form
Date
Deputy County Attorney
Docusign Envelope ID: D73EEBF7-B8D6-4058-A8FE-EAD934F914FA
10/3/2024
Sr Mgr, Contracts
Phillip Gnau