HomeMy WebLinkAbout20122167.tiff RESOLUTION
RE : APPROVE UNIVERSITY OF COLORADO DENVER, COLLEGE OF NURSING
CLINICAL TRAINING AGREEMENT AND AUTHORIZE CHAIR TO SIGN
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 between the County of Weld , State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Health and Environment, and , the University Of Colorado Denver, College
of Nursing commencing July 1 , 2012 , with further terms and conditions being as stated in said
Cooperative Education 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 Training Agreement between the County of Weld , State
of Colorado , by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Public Health and Environment, and the University of Colorado Denver,
College of Nursing 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 15th day of August, A. D . , 2012 , nunc pro tunc July 1 , 2012 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: d�,,,,�, (T'
Sean? a , Chair
Weld County Clerk to the Board
William F. rcia , Pro-T m
Deputy Cleijtoth Board
' ar a Kirkmeyer
( . w! .
APP D ! • F , Ml taxi :YEA: Q r_
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' ` ' ��= vid E . Long c�
y ttorney Ol!
Douglas ademac er
Date of signature : 1 d
1 ovi1,
2 CA, : 4lL
y-,a _ 2012-2167
HL0039
1 86 2 0 1 1 Memorandum
TO: Sean Conway, Chair
Co Board of County Commissioners
W E L Die OUNTY FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: June 1,2012
SUBJECT: Cooperative Education Agreement:
University of Colorado Denver College of
Nursing Clinical Training Agreement
Enclosed for Board review and approval is a cooperative education agreement between the
University of Colorado Denver College of Nursing and the Board of County Commissioners of
Weld County on behalf of the Department of Public Health and Environment (WCDPHE). This
contract is to provide students clinical instruction in the profession of public health nursing. At
this time we are being asked to work with individual students from this university who are
completing a Nurse Practitioner program in women's health and who are here to be mentored by
one of our Nurse Practitioners.
This document was submitted last year for review and approval complete with signatures from
the Dean and Associate Dean of the college. The format they submitted was slightly different in
appearance but the same in details. This resulted in a variety of delays.
The proposed Cooperative Education Agreement is non-financial and is identical in content with
other approved, (currently in practice) educational agreements. The other agreements include:
University of Northern Colorado, Regis University, and the University of Wyoming. At present
we are being asked to accept a Nurse Practitioner student who is slated to begin her rotation on
June 23, 2012. Entering into these agreements is in the Department's best interest as it advances
our recruitment and retention of public health nurses. The term of this contract will begin on
June 23, 2012 and continue indefinitely.
I recommend your approval of this contract. .
Enclosure
2012-2167
UNIVERSITY OF COLORADO DENVER
COLLEGE OF NURSING
CLINICAL TRAINING AGREEMENT
THIS CLINICAL TRAINING AGREEMENT ("AGREEMENT") is made and
entered into on Tam riam 1st— , 2011, by and between Weld County Department
of Public Health and Environment ("AGENCY") with principal offices located at 1555 N.
17th Ave., Greeley, CO 80631, and The Regents of the University of Colorado, a body
corporate, for and on behalf of the University of Colorado Denver, COLLEGE of Nursing
("COLLEGE") at 13120 E. 19th Avenue, Aurora, Colorado 80045.
WHEREAS, the purpose of this AGREEMENT is to guide and direct the parties
respecting their affiliation, working arrangements, and agreements in furtherance
thereof to provide high-quality clinical learning experiences for students in the
COLLEGE's Nursing program.
WHEREAS, neither party intends for this AGREEMENT to alter in any way its
respective legal rights or its legal obligations to the other party, the students assigned to
the AGENCY, or any third party.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
A. Responsibilities of the COLLEGE
1. The COLLEGE will use its best efforts to see that students selected for
participation in the clinical training program are prepared for effective participation in the
clinical training phase of their overall education.
2. The COLLEGE will retain ultimate responsibility for the education of its
students.
3. The COLLEGE will provide qualified and competent faculty members at the
COLLEGE in adequate number for the instruction and supervision of students using the
AGENCY facilities.
4. The COLLEGE will instruct all students assigned to the AGENCY facilities in
the confidentiality of patient/client records and patient/client information imparted during
the training experience. The COLLEGE will also instruct all students that the
confidentiality requirements survive the termination or expiration of this AGREEMENT.
5. The COLLEGE will require all participating students to provide proof of health
insurance. In the event of an emergency, the AGENCY will provide such emergency
care as is provided its employees. The student will be responsible for any charges thus
generated if the charges are not covered under the Colorado Workers' Compensation
Act.
6. The COLLEGE will encourage student compliance with the facility's rules,
regulations, and procedures, and use its best efforts to keep students informed as to the
same and any changes therein. Specifically, the COLLEGE will keep each participating
student apprised of his or her responsibilities.
7. The COLLEGE has an equal opportunity/affirmative action program and does
not discriminate on the basis of race, sex, creed, color, age, national origin, sexual
orientation, or individual handicap in any aspect of employment or training. The
institution's \educational programs, activities, and services offered to students, faculty,
and/or employees are administered on a nondiscriminatory basis subject to the
provisions of Title VI and VII of the Civil Rights Act of 1964, Titles VII and VIII of the
Public Health Services Act, the Rehabilitation Act of 1973 (Section 504), the Equal Pay
Act of 1963 as amended, Title IX of the Educational Amendments of 1972, the Vietnam
Era Veteran's Readjustment Assistance Act of 1974, and the nondiscrimination laws of
the State of Colorado.
8. The COLLEGE warrants and represents that it self-insures for professional
liability insurance for itself and for its public employees and students who provide health
care services pursuant to the Colorado Governmental Immunity Act (C.R.S. §§24-10-
101 through 24-10-120). The COLLEGE agrees that its self-insurance program will
provide coverage in accordance with the limits of the Colorado Governmental Immunity
Act. The Colorado Governmental Immunity Act provides that the maximum amount that
may be recovered against a public entity or public employee will be (a) $150,000 for any
injury to one person in a single occurrence, and (b) $600,000 for any injury to two or
more persons in any single occurrence (except that no person may recover in excess of
$150,000).
9. Further, all students subject to the provisions of§8-40-101 C.R.S. et seq., and
participating in educational programs conducted by or administered through the
COLLEGE, will be covered under the Colorado Workers' Compensation Act. The
COLLEGE will be responsible for providing workers' compensation and liability
coverage for students of COLLEGE at the AGENCY.
10. The COLLEGE shall inform its students that they must obtain prior written
approval from the AGENCY and the COLLEGE before publishing any material related to
the clinical educational experience.
B. Responsibilities of the AGENCY
1. The AGENCY has a responsibility to maintain a learning environment in which
sound educational experiences can occur, therefore, the AGENCY will provide physical
facilities and learning opportunities for the clinical study of nursing.
2. The AGENCY will provide the opportunity for students and faculty to observe
and participate in agreed upon services provided by the AGENCY.
3. The AGENCY will retain full responsibility for care of the patients and will
maintain administrative and professional supervision of students insofar as their
presence and program assignments affect the operation of the AGENCY and its care,
direct and indirect, of patients.
4. The AGENCY will provide adequate clinical facilities for participating students
in accordance with the clinical objectives developed through cooperative planning by
the COLLEGE's departmental faculty and the AGENCY's staff.
5. The AGENCY staff will, upon request, assist the COLLEGE in the evaluation
of the learning and performance of participating students.
6. To the extent possible, the AGENCY will provide for the orientation of
COLLEGE's participating students as to the AGENCY's philosophies, rules, regulations,
and policies of the AGENCY. Attendance at such orientation will be required before any
student will be permitted to participate in the program.
7. The AGENCY will limit access to students' files and personal information and
will maintain files and personal information in confidence.
8. Upon request, the AGENCY will provide proof of liability insurance in an
amount that is customary in the community.
9. The AGENCY will provide written notification to the COLLEGE promptly if a
claim arises involving a student.
10. The AGENCY will permit, on reasonable request, the inspection of clinical
and related facilities by agencies charged with the responsibility for accreditation of the
COLLEGE.
11. The AGENCY will resolve any situation in favor of its patients' welfare and
restrict a student to the role of observer when a problem may exist until the incident can
be resolved by the staff in charge of the student or the student is removed.
12. The AGENCY shall designate a Clinical Educator. The AGENCY shall notify
the COLLEGE of the temporary absence (more than one week) of the Clinical Educator
and designate an acting Clinical Educator.
C. Mutual Responsibilities
1. Representatives for each party will be established on or before the execution
of this AGREEMENT.
2. The parties will work together to maintain an environment of quality patient
care. At the insistence of either party, a meeting or conference will promptly be held
between COLLEGE and AGENCY representatives to resolve any problems or develop
any improvements in the operation of the clinical training program.
3. The personnel of both parties will seek each other's cooperation in carrying out
the provisions of this AGREEMENT. During the term of this AGREEMENT,
arrangements may be made for periodic meetings between representatives of the
COLLEGE and representatives of the AGENCY to promote understanding of and
adjustments to any operation or activity involved herein.
4. The AGENCY may request the removal of any student whom the AGENCY
determines is not performing satisfactorily, or who refuses to follow the applicable
administrative and patient care policies, procedures, rules, and/or regulations. Such
request must be in writing, and must include a statement of the reason or reasons why
AGENCY desires to have the student removed. The student must be afforded by the
COLLEGE an opportunity to respond in writing to the statements. However, AGENCY
may immediately remove from the premises any student who poses an immediate
threat or danger to personnel or to the quality of medical services, or for unprofessional
behavior.
D. Term and Termination
This AGREEMENT will commence as of the date first written above and will
continue indefinitely. This AGREEMENT may be canceled at any time and for any
reason by either party upon not less than ninety (90) days prior written notice to the
other party. Should notice of termination be given under this Section, students then
scheduled to AGENCY will be permitted to complete any previously scheduled clinical
assignment at AGENCY.
E. Governing Law
The laws of the State of Colorado and rules and regulations issued pursuant
thereto will be applied in the interpretation, execution, and enforcement of this
AGREEMENT. Any provisions of this AGREEMENT, whether or not incorporated
herein by reference, that provide for arbitration by any extra judicial body or person or
that are otherwise in conflict with said laws, rules, and regulations will be considered
null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this provision in whole or in part will be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the
remainder of this AGREEMENT to the extent that the AGREEMENT is capable of
execution.
F. Employment Disclaimer
The students participating in the program will not be considered employees or
agents of the AGENCY for any purpose. Students will not be entitled to receive any
compensation from AGENCY or any benefits of employment from AGENCY, including
but not limited to, health care or workers' compensation benefits, vacation, sick time, or
any other benefit of employment, direct or indirect. AGENCY will not be required to
purchase any form of insurance for the benefit or protection of any student of the
COLLEGE.
G. Assignment
This AGREEMENT will not be assigned by either party without the prior written
consent of the other.
H. Governmental Immunity
It is specifically understood and agreed that nothing contained in this paragraph
or elsewhere in this AGREEMENT will be construed as: an express or implied waiver
by the COLLEGE of its governmental immunity or of the governmental immunity of the
State of Colorado; an express or implied acceptance by COLLEGE of liabilities arising
as a result of actions which lie in tort or could lie in tort in excess of the liabilities
allowable under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq.; a
pledge of the full faith and credit of a debtor contract; or, as the assumption by the
COLLEGE of a debt, contract, or liability of the contractor in violation of Article XI,
Section 1 of the Constitution of Colorado.
I. Notices
All notices provided by either party to the other will be in writing, and will be
deemed to have been duly given when delivered personally or when deposited in the
United States mail, First Class, postage prepaid, addressed as follows:
For the Agency: For the COLLEGE:
Kathy Smith-Stillson Amy Barton, PhD, RN
Weld County Department of Associate Dean for Clinical Affairs
Public Health and Environment UCD COLLEGE of Nursing, Mail Stop 288-5
1555 N. 17th Ave. 13120 E. 19th Avenue
Greeley, CO 80631 Aurora, Colorado 80045
J. Evidence of Immunization/Health Status
If applicable, the AGENCY shall notify the COLLEGE of any requests for
evidence of immunization. The COLLEGE will then provide evidence to the AGENCY
of any required immunizations for its students.
K. Responsibility for Injuries
The AGENCY will be responsible for any claim or cause of action based upon the
negligence of its employees and agents involved in providing services related to this
agreement.
Pursuant to the Colorado Governmental Immunity Act, the COLLEGE agrees to
be responsible for injuries sustained solely from an act or omission of its public
employee occurring during the employee's duties and within the scope of his/her
employment, unless the act or omission is willful and wanton or where sovereign
immunity bars the action against the COLLEGE.
L. Severability
Any provision rendered null and void by the operation of this provision wilt not
invalidate the remainder of this AGREEMENT to the extent that the AGREEMENT is
capable of execution.
M. Headlines
Headlines in this AGREEMENT are for convenience only.
N. Entire Agreement
This AGREEMENT contains the entire AGREEMENT of the parties and may be
modified only by a written instrument executed by both parties.
Pann A of 7
In WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed effective as of the date first written above.
COLLEGE: AGENCY:
COLLEGE: AGENCY:
WELD COUNTY DEPARTMENT OF
THE REGENTS OF THE UNIVERSITY PUBLIC HEALTH AND ENVIRONMENT
OF C O, a body.corporat, r v l �t3
By: cat J By:
Patricia Moritz, PhD, RN, FAAN Mark E. Wallace, M.D. MPl-I, Director
Dean, UC College of Nursing I t 9 ` 1
Date:
Date: / / /
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD
STATE OF COLORADO
RECOMMEN�L�D BY:
re r Amylia PhD, fZN ritY By: 23— V - C—
Associate an for Clini I Affairs Weld County Commissioners,Chat)
i/ 1 I I Sean P. Conwa
Date: -
Attest: Ua.-��'/�!`�►�
Clerk to the Board
�: ice..•✓ .1 � .t►�.� �!
Cle ' to the Board
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AUG 15 2012
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AMENDMENT#1 TO AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES
BETWEEN
THE UNIVERSITY OF COLORADO DENVER
COLLEGE OF NURSING
AND
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
THIS AMENDMENT #1 to the Agreement for Provision of Internship Experiences is made March 1, 2011, by
and between the State of Colorado acting by and on behalf of the Board of Trustees of the University of
Colorado Denver, an institution of higher education existing under and by virtue of the laws of the State of
Colorado, for the use and benefit of the College of Nursing, Mail Stop C288-13, with a mailing address of 13120
East it Avenue, Room 3231, Aurora, Colorado 80045, hereinafter referred to as College, and the Weld
County Department of Public Health and Environment, a body politic, 1555 N. 171° Avenue, Greeley, Colorado
80631, hereinafter referred to as Agency.
FACTUAL RECITALS
A. College and Agency are parties to the original Clinical Experience Agreement entered into on March 1, 2011,
in which the Agency provides its site for College interns completing his or her final practicum experience(s) to
graduate.
B. The parties now wish to add an additional term to include a student immunization requirement.
NOW, THEREFORE, the parties hereto agree as follows:
1. An additional Paragraph 4.18 is added: Students must provide the Agency documentation of immunizations
ten (10) days in advance of a student rotation, the student will provide the agency with documentation of
immunization: to wit: MMR, hepatitis B series (or a signed declaration statement), varicella, Tdap (tetanus,
diphtheria, and a-pertussis), and current (within current-year) PPD results (or if a known converter, initial chest
x-ray results and annual TB update documentation thereafter from healthcare provider).
2. All other terms and conditions of the original Agreement for Provision of Internship Experiences remain in full
force and effect and made a part hereof as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment#1 as of the dates set forth below.
COLLEGE: AGENCY:
WELD COUNTY DEPARTMENT OF
THE REGENTS OF THE UNIVERSITY PUBLIC HEALTH AND ENVIRONMENT
OF pOLORRADO, a body c�or rate S
By: N r D t) r By:
Patricia Moritz, PhD, RN, F N D Mark E.Wallace, M.D. Mi, Director
Dean, UCD college of Nursing
Date: 7 t e) Li
Date: ( lx / J c' //
J J BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD
STATE OF COLORADO
RECOMMENDED BY:
C
By: C 42._/
corAmy art , hD, RN ) By:
Associate an for Clinical Affairs Weld County Commissione , , #'! fe,L"
4' I I Sean P. Conway
Date: s�Attest:
�
C erk to e :•arrdd/ 11,6 t t a
' By:. �,hr i. ��! . L� �.�_ ' A
Deputy Cle '� to the Board
AUG 15 201?
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