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HomeMy WebLinkAbout20111213 RESOLUTION RE: APPROVE COOPERATIVE EDUCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF WYOMING, FAY W. WHITNEY SCHOOL OF NURSING 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 Cooperative Education Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the University of Wyoming, Fay W. Whitney School of Nursing, commencing April 4, 2011, and ending August 31, 2014, with further terms and conditions being as stated in said agreement, and WHEREAS, a hearing before the Board was held on the 16th day of May, 2011, at which time the Board deemed it advisable to continue said matter to May 18, 2011, in order to allow Bruce Barker, County Attorney, adequate time to review the agreement and make any necessary changes to its format. WHEREAS, after review on May 18, 2011, 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 Cooperative Education Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the University of Wyoming, Fay W. Whitney School 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. 2011-1213 5- 11S-11 HL0038 COOPERATIVE EDUCATION AGREEMENT - UNIVERSITY OF WYOMING, FAY W. WHITNEY SCHOOL OF NURSING The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D., 2011, nunc pro tunc April 4, 2011. BOARD OF COUNTY COMMISSIONERS WELD •UNTY, CO RADO ATTEST: • �,� /,�..% I� ra Kirkmeye , Chair Weld County Clerk to the Boar 1861 ,o;,_ rr Bat la '0 pp - P.P. Cj ay, Pro-Tem Deputy Clerk to the Boar' � t i`72_ .ssC i'is' F. Garcia APP RM: " � • avid E. Long or ey ' c__ co p1,2, r � Dougtas Rademach r Date of signature: 5,Z(0// / 2011-1213 HL0038 86 20 Memorandum TO: Barbara Kirkmeyer, Chair " p— Board of County Commissioners W E L DEC O U N T Y FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health and Environment DATE: 4-28-11 SUBJECT: Cooperative Education Agreement: University of Wyoming Enclosed for Board review and approval is a cooperative education agreement between the University of Wyoming 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 with a facility for clinical instruction and preparation of students in the profession of public health nursing. If approved, there is no county cost to allow the Health Department (WCDPHE) to provide nursing students with clinical experiences in public health nursing. The term of this contract will begin on April 4, 2011, and end August 31, 2014. I recommend your approval of this contract. Enclosure 2011-1213 LINIVERSITy OF WYOMING Fay W. Whitney School of Nursing, College of Health Sciences Dept.3065 • 1000 E.University Ave. • Laramie,WY 82071 13071 766-4312 • fax:(3071766-4294 • e-mail:uwnursing@uwyo.edu • www.uwyo.edu/nursing May 5, 2011 Weld County Department of Public Health Attn: Kathy Smith-Stillson 1555 N 17th Ave Greeley, CO 80631 Dear Kathy Smith-Stillson: Please find and review the enclosed Cooperative Education Agreement, which has been signed by the university. Upon approval, please obtain the appropriate signature and return a copy to my attention. Once again, thank you for supporting our students. Please do not hesitate to contact me at (307) 766-4312 if you should have any questions or concerns. Sincerely, CL. .priOn Christina Lepper Contract Manager UW Fay W. Whitney School of Nursing UNIVERSITY OF WYOMING FAY W.WHITNEY SCHOOL OF NURSING COOPERATIVE EDUCATION AGREEMENT This Agreement is entered into on the date of the last signature affixed hereto by and between the University of Wyoming, hereafter "UNIVERSITY," located in Laramie, Wyoming; and Weld County Department of Public Health and Environment, hereafter "CONTRACTOR," located in Weld, Colorado. The parties agree that it is of mutual interest and advantage for selected students of the UNIVERSITY to be provided quality clinical education experiences and/or other specified educational experiences through the CONTRACTOR at CONTRACTOR's facilities and CONTRACTOR desires to participate in the provision of such quality education. All new students admitted to the School of Nursing will have completed a background check at their time of admission. GENERAL A. The term of this Agreement will begin on April 4, 2011, and end August 31, 2014, and shall supersede any and all prior agreements, written or oral. B. This Agreement shall he reviewed as the need may arise; and the parties, per mutual written agreement,may modify or amend any terms of this agreement accordingly. C. This Agreement may be terminated by written notice of either party at least one (1) regular academic semester in advance of the termination date but not unreasonably terminated during an academic term so that students presently enrolled will be allowed to complete the educational requirements of that semester's program. D. Wyoming law shall apply regarding all questions of interpretation of terms of this Agreement notwithstanding that nothing in this Agreement is intended to be contrary to State or Federal law; and, in any apparent conflict,the State and/or the Federal law will supersede the terms of this Agreement. E. UNIVERSITY complies with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973, and related regulations, and will not discriminate against any person on the basis of race, color, sex, sexual orientation, creed, national origin, age, religion or disability. CONTRACTOR shall not discriminate against any student applicant because of race, color, sex, sexual orientation, creed, national origin, age, religion or disability. F. UNIVERSITY does not waive its sovereign and/or governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law. G. Any actions or claims against the UNIVERSITY under this agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S. 1-39-101 et seq. (1977) as amended. H. Though CONTRACTOR remains ultimately responsible for patient care and treatment, the safety. health, and welfare of CONTRACTOR's patients/clients shall be of the utmost importance to UNIVERSITY. The employees and students shall abide by the reasonable bylaws, policies, rules and regulations of CONTRACTOR provided to them by CONTRACTOR. and shall perform according to the legal and ethical standards of their respective professions. UNIVERSITY recognizes and respects the patients' right to consent to or refuse consent to the students' participation in their treatment. Student or employee failure to abide by such policies, rules or standards may result in immediate dismissal from CONTRACTOR's facility. I. UNIVERSITY employees and students are not employees or agents of CONTRACTOR and nothing contained within this Agreement shall be construed as creating that relationship. UNIVERSITY maintains sole responsibility for maintaining program accreditation by appropriate national and state accrediting organizations; and for developing and maintaining the educational objectives and standards of didactic and clinical learning experiences and all other matters pertaining to meeting the educational goals and needs of UNIVERSITY program. J. UNIVERSITY employees and students are not generally eligible nor entitled to coverage under CONTRACTOR's Workers' Compensation, Unemployment Compensation, or Health Insurance Programs, except as specifically agreed to by the parties, in writing. K. UNIVERSITY employees and students are not entitled to compensation from CONTRACTOR in connection with any service or actions performed that are related to accomplishing the goals of UNIVERSITY educational program which may incidentally benefit CONTRACTOR; nor is CONTRACTOR or its Employees entitled to compensation from UNIVERSITY for services or actions which benefit and/or are related to the goals of the educational program. L. UNIVERSITY shall provide adequate liability coverage for instructors and students of the Fay W. Whitney School of Nursing in accordance with Wyoming State Statutes. Such coverage shall not apply to activities which are not part of or are beyond the scope of the educational program. To the extent of such coverage, UNIVERSITY will defend, indemnify and hold harmless CONTRACTOR, its officers, agents, employees and representatives from any and all claims for loss or damage to property or injury or death to persons, arising from the negligent or wrongful acts or omissions of UNIVERSITY and its public employees as defined by Wyoming Statute or students inclusive of costs, expenses and attorney's fees. All students originally licensed to practice nursing shall maintain adequate, current professional liability insurance throughout the clinical practicum. M. CONTRACTOR shall maintain adequate professional and general liability insurance. A certificate of insurance shall be provided to UNIVERSITY ten days prior to placement. The insurance certificate should be sent to: Director, Risk Management, Dept. 3413, 1000 E. University Avenue, Laramie, WY 82071. CONTRACTOR will defend, indemnify, and hold harmless the State of Wyoming, the UNIVERSITY and its public employees as defined by Wyoming Statutes and students from any and all claims for loss or damage to property or injury or death to persons, arising from the negligent or wrongful acts or omissions of CONTRACTOR, its employees, agents, representatives, or volunteers inclusive of costs, expenses and attorney's fees. 2 N. CONTRACTOR shall timely notify UNIVERSITY when any UNIVERSITY employee or student has been involved in a reported incident and UNIVERSITY shall have the opportunity to participate in any on-going investigation and shall have access to any oral or written reports and any other documentation related to the reported incident. Both parties shall cooperate in any investigation by the other of a potential liability inducing incident. O. Each semester/year, UNIVERSITY or CONTRACTOR will develop a Memorandum for the purpose of addressing the specific educational goals and needs of the semester/year. P. UNIVERSITY and CONTRACTOR affirm that they have an Exposure Plan Protocol which meets OSHA requirements for infection control program. STUDENT will provide upon request documentation of MMR, Hepatitis B vaccine series(or a signed declaration statement) and PPD (or if a known converter,initial chest x-ray results and annual TB update documentation thereafter from healthcare provider); varicella; and adult Td(tetanus/diphtheria)booster. Q. CONTRACTOR will comply with all applicable provisions of the Americans with Disabilities ACT of 1990. R. UNIVERSITY's policy is one of equal opportunity for all persons in all facets of UNIVERSITY operations. Equal opportunity is offered to all officers, faculty and staff members and applicants for employment on the basis of their demonstrated ability and competence and without regard to such matters as race, color, national origin, sex,sexual orientation,religion,political belief, age,veteran status, or disability. RECOMMENDED BY: Dear,Oollege of Health Sciences Dean,Fay W. Whitney School of Nursing University of Wyoming University of Wyoming Laramie,WY 82071 Laramie,WY 82071 Board of C unty Co mi toners �a.irman, AY 16 2011. CLv ,� GUivTY CLLR 0 TH C 1 ` , `,,' Hello