HomeMy WebLinkAbout20120354.tiff RESOLUTION
RE: APPROVE CLINICAL AFFILIATION AGREEMENT FOR PREHOSPITAL
SERVICES/RIDE-ALONG AND AUTHORIZE CHAIR TO SIGN -CENTURA HEALTH -
ST. ANTHONY HOSPITAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Clinical Affiliation Agreement for
Prehospital Services/Ride-Along between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Paramedic
Service, and Centura Health — St. Anthony Hospital, commencing upon full execution, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Clinical Affiliation Agreement for Prehospital Services/Ride-
Along between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Paramedic Service, and Centura Health — St.
Anthony Hospital be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'1�- ' _
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-T
BY:
Deputy CI rk to the Boar ,
4; arbara Kirkmeyer
APPROVED AS TO FORM: ® KA a ��
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Date of signature: 3-`1-/a
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- I a CC CVO 2012-0354
3- q - a AM0021
St.Anthony Hospital 11600 W. 2nd Place
Centura Health Lakewood, CO 80228
January 19, 2012 fz r 2 EE—.._,
Brad Yatabe JAN 2 3 2012
Assistant Weld County Attorney
P.O. Box 758
Greeley, CO 80632
Re: Clinical Affiliation Agreement for Prehospital Services/Ride-Along by and between
Catholic Health Initiatives Colorado, a Colorado nonprofit corporation, d/b/a
Centura Health-St. Anthony Hospital and Weld County Paramedic Services
Dear Brad:
Please find enclosed two (2) partially executed originals of the above referenced Ride-Along
Agreement between Weld County Paramedic Services and St. Anthony Hospital. Please return
one fully executed original to me at the following address:
Centura Health-St. Anthony Hospital
Attn: Gina Chapman, Contract Coordinator
11600 West 2nd Place
Lakewood, CO 80228
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
01./i4}
Gina Chapman
Contract Coordinator
Corporate Responsibility
(720) 321-0029
ginachapmancentura.orq
St. Anthony Hospital
St. Anthony North Hospital
St. Anthony Summit Medical Center
We extend the healing ministry of Christ by caring for those who are ill and by nurturing
the health of the people in our communities.
A 000
0
Clinical Affiliation Agreement
for Prehospital Services/Ride-Along
THE AGREEMENT made and entered into this day of it/,or , 2012 by
and between Catholic Health Initiatives Colorado, a Colorado nonprofit corporation, doingkusiness as Centura
Health-St. Anthony Hospital, ("Facility"), which is managed and operated by Centura Health, a Colorado
nonprofit corporation and the Weld County Board of Commissioners on behalf of the Weld County Paramedic
Services,hereinafter referred to as"the Agency":
WHEREAS, the Facility operates a training program approved by the State of Colorado Emergency
Medical Services Division(EMS Division)to provide education to students pursuing paramedical training; and
WHEREAS,the Facility desires to make use of the resources and services of the Agency to further the
educational experience of the Facility's students; and
WHEREAS,the Agency is a prehospital services agency which can provide paramedic students with
clinical practice and preceptorship necessary for completion of paramedical training; and
WHEREAS, the parties have discussed the nature of paramedic student participation with Agency's
ambulance service and patient encounters; and
NOW THEREFORE, the parties mutually agree to cooperate in the arrangement for Facility's
paramedic students to acquire experience in the observation and performance of patient encounters and under
the preceptorship of the Agency's paramedical personnel upon terms and conditions set forth herein, the
adequacy of consideration for which is duly acknowledged;
I. The Facility's Responsibilities:
1. The Facility agrees to meet with a representative of the Agency to arrange for Facility's
paramedic students to be assigned to ambulance units for prehospital clinical rides at times and during shifts
when Agency paramedic preceptors are available to provide instruction and supervision as mutually agreed by
the parties.
2. The Facility will provide the Agency with the names of the students and verification that the
named students are in compliance with the Facility's policies and procedures with regard to Facility pre-
requisites for clinical rides prior to the commencement of any clinical ride.
3. All Facility students shall be covered by or through the Facility for professional liability and
general liability in amounts mutually agreeable to the parties. The Facility shall maintain Worker's
Compensation Insurance coverage, to the extent such coverage is required, for Facility students. The Facility
shall make available to the Agency a copy of the certificate of insurance upon Agency's reasonable request.
4. The Facility shall designate a member of its faculty or program to coordinate the scheduling of
students and manage any student misconduct or allegations of misconduct that are reported by the Agency.
5. The Facility shall provide to the Agency the evaluation tool to be utilized by preceptors in the
evaluation of the Facility's paramedic students. The Facility further agrees to provide Agency preceptors with
such training regarding supervision and evaluation of Facility students as Facility deems appropriate from time
to time.
6. The Facility shall instruct its students not to perform clinical services except under the
supervision of an Agency paramedic during clinical rides.
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7. The Facility shall provide to the Agency a tuition waiver(calculated per each class/cycle) of
$25.00/24-hour shift or$25.00/24 hours (varying time blocks)utilized by the Facility's EMS Students with the
Agency.
8. The Facility shall provide documentation of the following for each student upon Agency's
request:
A. Immunity to measles (rubeola)and rubella;
B. Two-step and annual negative PPD results or current chest x-ray;
C. Hepatitis B vaccine or annual statement of declination;
D. Any additional immunization requirements as may be required by the Agency; and
E. HIPAA training.
9. The Facility agrees to indemnify and hold harmless the Agency and Weld County, its Board of
Commissioners, officers, employees, and agents from any claims, liability, or damages(including without
limitation reasonable attorneys' fees)resulting from the acts or omissions of a Facility student in relation to the
program described in this Agreement.
II. The Agency's Responsibilities:
1. The Agency shall designate a member of its staff to be the coordinator or contact person for
scheduling of Facility students for clinical rides.
2. The Agency shall provide the Facility with a copy of any policies and procedures of the Agency
which are pertinent to the clinical rides and to the conduct of Facility students.
3. The Agency may require the Facility to withdraw a student whose performance has been
identified by a preceptor or the Agency coordinator as failing to meet generally accepted standards of conduct,
endangering the safety and well-being of others, or interfering with Agency services. Facility's students shall
comply with Agency's policies and procedures, and applicable state and federal laws and regulations.
4. The Agency shall not discriminate against any Facility student based on any race, age, color,
sex, national origin, or disability for which reasonable accommodation is available.
5. The Agency shall comply with applicable state and federal laws and regulations.
6. HIPAA Compliance:
A. The parties shall comply with applicable provisions of the Health Insurance Portability
and Accountability Act of 1996, 42 U.S.C § 1320d to 1320d-7 ("HIPAA") and the final regulations
implementing HIPAA as amended from time to time.
B. The parties understand that Facility students, in the performance of assigned
responsibilities, may require access to any individually identifiable health information of patients of Agency.
The parties further agree that such access shall be limited to the Student only, and that Facility shall not require
or request access to any individually identifiable patient information of Agency unless such patient is treated at
Facility.
C. Agency shall designate Facility students as members of its "workforce," as such term is
defined in the HIPAA regulations, for purposes of such students' participation in Agency programs. Such
designation is for purposes of HIPAA compliance only and shall not be construed as obligation to pay wages
and benefits, administer benefit programs, withhold and remit income and payroll taxes. Facility students shall
undergo such Agency training regarding the privacy of patient health information as Agency may require.
Facility students shall be subject to Agency's policies regarding the privacy and security of patient health
information with regard to patient health information encountered by Facility students as part of their
participation in Agency programs.
III. Additional Provisions:
1. The term of this agreement shall be for one year, commencing on the effective date and shall be
automatically extended for additional one year periods for up to three years total.
2. Either party may terminate this Agreement with or without cause by giving not less than ninety
(90) days prior notice in writing.
3. All notices given hereunder shall be in writing and shall be delivered in person or sent certified
or registered mail, return receipt requested, with postage prepaid, to the patties at the following addresses (or to
such other or further addresses as the parties may hereafter designate by like notice similarly sent):
Agency: Weld County Paramedic Services
1121 M Street
Greeley, CO 80634
Attention: Dave Bressler
Facility: Centura Health-St. Anthony Hospital
Pre-Hospital Services
11600 W. 2"`1 Place
Lakewood, CO 80228
Attention: CEO
All notices given in accordance with the foregoing shall be deemed given when delivered in
person, or two (2) days after being deposited in the United States mail in accordance with the foregoing.
4. This Agreement is governed by the laws of the State of Colorado and,where Colorado law is
preempted by federal law, by the laws of the United States. Any action pertaining to this Agreement shall be
commenced and prosecuted in the courts of Weld County, Colorado, and each party submits to the jurisdiction
of said courts and waives the right to change venue.
5. If any provision of this Agreement is declared by any court of competent jurisdiction to be
invalid for any reason, such invalidity shall not affect the remaining portions. On the contrary, such remaining
portions shall be fully severable,and this Agreement shall be construed and enforced as if such invalid
provisions were deleted.
6. This Agreement may not be assigned by either party without the prior written consent of the
other party.
7. This Agreement constitutes the entire agreement between the parties pertaining to the subject
matter contained herein and supersede all prior and contemporaneous agreements, representations and
understandings of the parties,written or oral. No supplement, modification or amendment of this Agreement
shall be binding unless executed in writing by all of the parties. No waiver of any provision of this Agreement
shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making
waiver.
8. Any provision of this Agreement that would jeopardize Facility's or Centura Health's tax-
exempt status, accreditation or licensure will be deemed void or, in the alternative, upon discovery of the
provision, Facility may immediately terminate the Agreement.
9. The parties hereto agree and stipulate that the original of this document, including the signature
page, may be scanned and stored in a computer database or similar device, and that any printout or other output
readable by sight, the reproduction of which is shown to accurately reproduce the original of this document, may
be used for any purpose just as if it were the original, including proof of the content of the original writing.
10. It is expressly understood and acknowledged by the parties hereto that the status of the Facility
is that of independent contractor and it is not intended nor shall it be construed as a result of this Agreement that
any student, faculty member, or staff of the Facility is an employee, agent, or officer of the Agency.
11. It is expressly understood and agreed that the enforcement and provision of this Agreement, and all
rights of action relating to such enforcement, shall be strictly construed to be reserved to the parties hereto and
that nothing contained in this Agreement shall be construed to create or allow any claim by another or third
person.
12. This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and all of which, when taken together and executed, shall constitute one and the same instrument.
13. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
14. Nothing in this Agreement shall be construed to require the Weld County to provide
funding not already budgeted for the applicable fiscal year.
15. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
ATTEST
CATHOLIC HEALTH INITIATIVES dba WELD COUNTY BOARD OF
CENTURA HEALTH—ST. ANTHONY COMMISSIONERS
IIOSPIT
,SC
effrey Crick an, FACHE Chair Sean P. Conway
Presid;. t&Chief Exec. ive G fficer Date: FEB 0 6 2n1t
Da /{ 1�
CLE'.' E :O 1' t • APPRO D. 10 RM
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Deputy Clerk to the Board '• " We d• city Attorney
Date: ? I • 201 Date: FEB n 6 2012
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