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HomeMy WebLinkAbout20091501.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO 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 an Agreement for the Provision of Internship Experiences 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 Northern Colorado, College of Natural and Health Services, commencing June 1, 2009, and ending May 31, 2014, 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 Agreement for the Provision of Internship Experiences 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 Northern Colorado, College of Natural and Health Services, 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 29th day of June, A.D., 2009, nunc pro tunc June 1, 2009. ATTEST: atzli Weld County Clerk to the B BY AP unty ttorney Date of signature 7113)0 1 BOARD OF C NTY COMMISSIONERS ELD CO 4 OLORADO her, Pro -Tern P. Conway ar�Kirkmer David E. Long (kJ C LI)) CC',/-1L_((c ) 2009-1501 HL0036 (')/1)/c COLORADO Memorandum TO: William F. Garcia, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health a Environment DATE: June 18, 2009 SUBJECT: Agreement for provision of internship experiences. Enclosed for Board review and approval is the agreement between the University of Northern Colorado College of Natural and Health Sciences and the Weld County Department of Public Health and Environment. The agreement is effective June 1, 2009 and can be terminated at any time with written notice by either party. The purpose of the agreement is to secure various clinical practicum experience sites for students enrolled in the College's accredited academic programs and/or for educational requirements for the award of a degree in the College of Natural and Human Sciences. No money is paid by either party to the other under the conditions of the agreement. WCDPHE agrees to provide a "site supervisor" for the interns while they are assigned to the agency. I recommend your approval. Enclosure ti 1 CP ij7 - i 'Sc D , w r:: C.0 CO 2009-1501 AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES Between UNIVERSITY OF NORTHERN COLORADO COLLEGE OF NATURAL and HEALTH SCIENCES And WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THIS AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES ("Educational Agreement"), intended to be effective the is' day of June, 2009, is made between the State of Colorado acting by and on behalf of the BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTHERN COLORADO, an institution of higher education organized and existing under the laws of the State of Colorado, for the use and benefit of the College of Natural and Health Sciences, Gunter Hall, Campus Box 134, Room 1000, 501 20th Street, Greeley, Colorado 80639, hereinafter referred to as "College", and the County of Weld, State of Colorado, by and through the Board of County Commissioners for the County of Weld, on behalf of the Weld County Department of Public Health and Environment, 1555 North 17`h Avenue, Greeley, CO 80631, hereinafter referred to as "Agency". FACTUAL RECITALS A. The purpose of this Agreement is to secure various clinical practicum experience sites for students enrolled in the College's accredited academic programs and/or educational requirements and/or as required for the award of a degree in a particular area of study, students must complete supervised experience, such as this internship. B. College has established and is a provider of degreed programs for the education of students studying health and human sciences identified as Community Health; Dietetics; Gerontology; Human Rehabilitative Services, Sport and Exercise Science; Recreation; Audiology Speech -Language Sciences, Criminal Justice and Nursing which require the educational facilities of Agency. College desires students to have clinical educational experiences that can be provided by Agency under the terms and conditions set forth in this Agreement. C. Clinical or internship educational experience is a required and integral component of the College Program. College desires that certain of its students and, when appropriate, certain of its faculty members be permitted to visit and utilize Agency's premises to afford such students and faculty the opportunity to engage in clinical educational experiences. D. College desires to enhance educational programs and clinical education of College's students by and through this Agreement because College recognizes the need for expansion of the educational development of healthcare professionals, and desires to make its premises available for such purposes. Agency is an established provider of such services. Agency has the facilities and professional staff appropriate for this internship. E. The parties agree that no money will be paid by either party to the other under the terms and conditions of this Agreement and that the mutual benefits contained herein constitute sufficient 1 consideration. NOW THEREFORE, in consideration of the mutual agreements set forth herein, Agency and College agree as follows: 1. DEFINITIONS. The following definitions apply: 1.1_ "Internship" means a program of study as part of a College course or degree requirement, conducted in cooperation with the Agency, whereby students receive supervised experience and instruction in a professional setting. 1.2 "Site Supervisor" means that person employed or retained by the Agency as responsible for the development and administration with College of the internship: 1.3 "Student" means a person enrolled in an academic program at College who is to perform the internship. 1.4 "College Supervisor" means the person employed or retained by College who is responsible for the development and administration with the Agency of this internship. RESPONSIBILITIES OF COLLEGE 2.1 College will plan and implement an educational program for its students, such as plan and determine the adequacy of the educational experience of its students in theoretical training, basic skills in the provision of health care, professional ethics, attitude and behavior. College will determine a student's final grade. College will notify the Agency of each student's assignment and schedule, including the proposed dates and purpose of the internship, the name of each student, and the level of academic preparation. Agency may approve or disapprove all schedules and assignments. 2.2 College will advise students and faculty assigned to Agency of their responsibility for complying with the policies, rules and regulations of the Agency. 2.3 College's students will maintain health insurance and be responsible for all medical expenses incurred during a clinical or internship experience, and College will provide Agency with the names, and other pertinent information about each student to be assigned to Agency at least four (4) weeks prior to the student's assignment at Agency. College will also begin and provide Agency with advanced notice of its intention to remove a student from any clinical assignment at Agency. 2.4 Under its insurance program, College's employees are provided liability insurance coverage protection from claims arising out of state and federal law. Any student working offsite as part of an intern program or work study program shall be provided professional and general liability insurance coverage but only with respect to such a student's conduct within the scope of the intern program or work study program. A certificate evidencing the State's insurance program will be provided upon request. 2 2.5 Workers' compensation coverage is also provided by College for students who are participating in on-the-job training programs as a result of an accredited academic program and who receive no pay or remuneration from Agency. 2.6 If required by Agency, each student will be notified to obtain professional and general liability insurance within Agency's required limits of $1,000,000 per person/$3,000,000 aggregate. College will notify each student to provide to Agency a copy of said insurance requirement and further to provide any change in coverages within thirty (30) days prior to any change going into effect. 2.7 College will educate students in HIPAA confidentiality and in universal blood and body fluid precautions, and to provide a current health record showing the student's physical status and all required immunizations and vaccinations, current Mantoux method PPD, and follow-up on exposures. 2.8 College has instructed students to comply with all requirements of this Agreement in a competent and professional manner, and in compliance with applicable guidelines, laws and regulations such as JCAHO, Medicare, and other applicable agencies. RESPONSIBILITIES OF THE AGENCY 3.1 Agency will retain ultimate responsibility for provision of all client/patient care or patron service and that such care or service is its first priority of care to its patients or residents. 3.2 Agency will make available to assigned students appropriate working environment, excluding living accommodations, equipment and supplies in order to provide supervised clinical educational experiences. 3.3 Agency will evaluate the performance of the College student(s) using forms provided by College. Agency will permit College students to perform services for Agency only when under the direct supervision of a registered, licensed or certified Agency caregiver in the discipline in which supervision is to be provided. Students will work, perform assignments, and participate in rounds, clinics, staff meetings, and in-service educations programs at the discretion of supervisors designated by the Agency. 3.4 Agency will designate a Site Supervisor to coordinate this program and function as clinical supervisor with College's designated coordinator. 3.5 Agency will advise College in a timely manner of any serious deficiency noted in an assigned student's performance. In such event, the Agency and College will attempt to devise a plan by which the student may be assisted in achieving the stated objectives of the educational program. Agency has the right to require College to withdraw any student whose health (despite reasonable accommodation) or performance is a detriment to patient, client or patron well being or to the achievement of the objectives of the internship. Agency may immediately remove from the premises any student or other individual. The 3 removal may be a result of a temporary situation at the premises, or it may be a permanent withdrawal from the Agency's premises. Students and other individuals shall promptly and without protest leave an area whenever they are requested to do so by an authorized Agency representative. Agency shall notify College of its request as soon as practical. 3.6 If Agency requires criminal background checks of any student or faculty member, College shall notify each student and faculty member of this requirement prior to enrollment or participation in the internship or as soon as the requirement is known. It shall be the responsibility of the student to ensure that (i) timely arrangements for the background checks are made; (ii) such checks are conducted by a third party approved by Agency and (iii) the results of the background checks are forwarded directly to Agency. Student shall bear the costs associated with such checks unless otherwise agreed to by Agency. MUTUAL RESPONSIBILITIES OF COLLEGE AND AGENCY 4.1 College and Agency will determine the number of students assigned to the Agency and the length of the assignment. Nothing in this Agreement shall be construed to indicate that Agency must accept any student from UNC into its clinical experience program. 4.2 This Agreement does not contemplate the payment of a fee or remuneration by either party to the other. By entering into this Agreement, the parties hereto contemplate an independent working relationship. It does not intend that any party of one entity be or become an employee of the other party, except that to the extent that the activities performed hereunder are subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the student shall be deemed a member of the Agency's workforce at all times while performing the internship duties and activities. 4.3 Both parties agree that each will have equal opportunity programs in effect that do not discriminate on the basis of race, sex, creed, color, age, national origin, individual handicap or veterans status in any aspect of student selection for clinical experiences or in disciplining procedures. 4.4 Both parties mutually agree to modify this Agreement to comply with the requirements of any privacy act with respect to the confidentiality of College. Agency or student confidential information, rules and safeguards for covered data and information which may be anticipated under this Agreement (covered data and information includes both paper and electronic records). Any provision of this Agreement creating obligations extending beyond the term of this Agreement will survive the expiration or termination of this Agreement, regardless of the reason for termination. 4.5 This Agreement will become effective on June 1, 2009, and will remain in effect until May 31, 2014, or as other provisions for termination contained herein may allow. In the event this Agreement is not renewed for a subsequent term or is otherwise terminated as contemplated herein, students who are participating in the clinical learning experiences at the time of termination will be allowed to complete the experience for the then current school semester under the terms and conditions herein. Any amendments to this Agreement will be effective only if in writing and 4 signed by the parties hereto. 4.6 The invalidity or unenforceability of any provision of this Agreement will not affect the validity of any other provision. 4.7 It is the intent of the parties that no individual or entity be construed or considered to be an intended or implied as a third -party beneficiary under this Agreement. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 4.8 Either party may terminate this Agreement during its term with or without cause, by giving written notice to the other party that the Agreement is terminated. 4.9 No waiver of a breach of any provision of this Agreement will be construed to be a waiver of any other breach of this Agreement, whether of a similar or dissimilar nature. 4.10 For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing substitute addresses or persons to whom such notices shall be delivered: If to Agency: Weld County Department of Public Health and Environment Attn: Gaye Morrison 1555 North 17th Avenue Greeley, Colorado 80631 Telephone: 970-304-6410 If to College: Dr. Denise A. Battles, Dean College of Natural & Health Sciences University of Northern Colorado Gunter Hall 1000, Campus Box 134 Greeley, Colorado 80639 Telephone: 970-351-2877 Fax: 970-351-2176 Any notice personally delivered or sent by facsimile will be deemed delivered upon receipt or confirmation of facsimile delivery. Any notice mailed in compliance with this clause will be deemed to have been given upon the earlier of receipt or three days after deposit, except that notice of change of address will not be deemed effective until actual receipt by the intended recipient. 4.11 Neither party may assign its rights or obligations hereunder without the prior written approval of the other party, which approval shall not be unreasonably withheld. 4.12 The person(s) executing this Agreement on behalf of each party warrants that such person has full authorization to execute this Agreement. 5 l 4.13 Each party may enter into similar agreements with other parties provided that such agreements do not materially interfere with the ability of each party to carry out its obligations hereunder. 4.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Should a dispute arise, the parties agree to first resolve the issue between legal counsel, then failing resolution, to seek relief in a court of competent jurisdiction. 4.15 Notwithstanding any provision in this Agreement to the contrary, however, neither party waives any immunities to which they are entitled pursuant to law. 4.16 Nothing in this Agreement shall be construed to require the Board of County Commissioners for Weld County or the Weld County Department of Public Health and Environment to provide funding not already budgeted for the applicable fiscal year. 4.17 This Agreement contains the entire understanding of the parties and supersedes any and all previous agreements. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below to be effective June 1, 2009. COLLEGE: STATE OF COLORADO Bill Ritter, Jr., Governor Acting by and through the Board of Trustees of The University of Northern Colorado College of Natural & Health Sciences By: Denise A. Battles, Dean Date: June 8 , 2009 6 AGENCY: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT By: Mark E. Wallace, M.D. MEH, Director Date: (p•aa•p9 BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF COLORADO Deputy Clerk to Date: June 29, 2009 ��o9 /SD/ Hello