HomeMy WebLinkAbout20073223.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE
CHAIR TO SIGN - AIMS COMMUNITY COLLEGE
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 Concerning Clinical
Experience 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 Paramedic Service, and Aims
Community College, 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 Agreement Concerning Clinical Experience 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 Paramedic Service, and Aims Community College 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 d. of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W�COUNTY, COLORADO
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ATTEST: �1/ ,% y f iv
David E. Long, Chair
Weld County Clerk to th
Willia�+�. J ro-Tem
De. y Cler To the Board
Will' m F. arcia`
AP VE O \l (� � . II'�
Robert D. Masden
ufity Attorney c ( pwK} AarI1 Shy Dougla Radema er
Date of signature.
2007-3223
AM0019
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AGREEMENT CONCERNING CLINICAL EXPERIENCE
.This Agreement is entered into this day of CCeet 20Oiby and between
Aims COMMUNITY COLLEGE, an educational institution, (hereinafter referred to as "Aims"
or"Educational Institution"), and the Board of County Commissioners of Weld County, on
behalf of the WELD COUNTY PARAMEDIC SERVICE, Greeley, Colorado (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, Aims offers an education program which includes learning experiences for its
students in Health Occupation programs, and
WHEREAS, County has certain facilities available for clinical/emergency medical services
field experiences and desires to provide such facilities for educational purposes to the students of
Aims' s Health Occupations programs, and
WHEREAS, Aims and County desire to reduce their agreements to writing.
NOW, THEREFORE, in consideration of the foregoing promises, covenants, and
agreements hereinafter set forth, the parties agree as follows:
1.RECITALS. The foregoing recitals are incorporated herein, as though fully set forth.
2.PURPOSE: The purpose of this Agreement is to provide educational experiences for selected
Aims students which take place through the County and in which the County will
participate. Nothing in this Agreement shall be construed to indicate that County must
accept any student from Aims into its clinical/emergency medical services field
experience educational program. (Hereinafter referred to as the"clinical experience,").
3.TERM OF AGREEMENT. This Agreement shall be effective for a term of one year upon
signature of both parties and shall be automatically renewable on an annual basis, unless
sooner terminated pursuant to the terms of this Agreement as hereinafter set forth.
4.OBLIGATIONS OF AIMS:
a.Educational Programs. Aims will assume full responsibility for offering educational programs
accredited by organizations and for determining standards of education, hours of
instruction, learning experiences, administration, matriculation, promotion, and
graduation.
b.Student Records. Aims will keep all records and reports on Aims student experiences for a
period of at least four years. Until the expiration of four years after the furnishing of
services pursuant to this Agreement, Aims shall make available, upon request, to the
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2007-3223
Secretary of the Department of Health and Human Services, or upon request to the
Comptroller General, or any other duly authorized representatives, this Agreement, any
books, documents and records of Aims that are necessary to certify the nature and
extent and the costs incurred by County with respect to the services furnished by the
County hereunder. Further, if Aims carries out any duties hereunder with a related
organization, Aims shall include the above provision in any contract with the related
organization, in accordance with Section A952 of the Omnibus Reconciliation Act of
1980 (P.L. 96-499).
c.Confidentiality of Patient/Client Records. Aims shall instruct all Aims students assigned to the
County facility regarding both the legal and ethical standards for confidentiality of
records and patient/client data imparted through the clinical experience. Such
instruction shall also include, but shall not be limited to, the requirements of 42 USC
1320d, the Health Insurance Portability and Accountability Act, and the resulting
regulations at 45 CFR 160.101, et. seq. Aims shall inform Aims students that such
students shall be responsible for following the rules and regulations of the County.
dEvaluation of Learning Experience. Aims will provide to County a copy of course educational
objectives for the clinical experience. County, together with Aims, will make
arrangements for evaluating the education from the clinical experience.
e.Immunization Requirements. Aims shall ensure that Aims students comply with County's
immunization requirements and will provide education as described in the OSHA
Bloodborne Disease Standards.
£Orientation to County. Aims faculty shall require Aims students to follow the policies and
procedures of the County during any clinical experience unless otherwise agreed upon.
g.County Standards. During period of clinical assignment at the County, Aims faculty and
students shall remain subject to the authority, policies and regulations imposed by Aims,
and shall also adhere to the rules, regulations, procedures, and standards of the County.
5.RESPONSIBILITIES OF COUNTY:
a.Patient Care. County has ultimate responsibility for the quality of care given to patients.
County staff in the areas to which Aims students are assigned shall be responsible for
orienting Aims faculty to County policies and protocols, particularly where special rules
and regulations are necessary. Aims Students shall be permitted to perform services for
patients only when under the supervision of a designated County employee acting as a
supervisor for the students. Aims Students shall work and perform assignments at the
discretion of their supervisors designated by the County. Aims Students are trainees,
not employees, and are not to replace the County staff
b.Maintain a Learning Environment. County shall recognize a responsibility to maintain a learning
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environment conducive to sound educational and clinical experiences.
c.Use of County Facilities. County shall permit students, staff, and faculty of Aims involved in
the clinical experience at County to utilize facilities such as the lounge, conference
rooms, audio-visual equipment, or other teaching equipment consistent with the
regulations and policies set by County.
d.County Policies and Procedures. County shall provide to Aims students the policies and
procedures and other relevant materials to allow students to function appropriately
within the County organization.
e.County Protocols. Aims students assigned to the County shall follow the County's protocols for
health and safety. Emergency medical services will be provided within this capacity.
f Removal of Individuals From Certain Areas. County shall retain the right, in its sole discretion,
to request the removal of any individual from the premises, from the facility or clinical
field area. The said removal may be a result of a temporary situation at the premises,
facility, or clinical field area, or it may be a permanent withdrawal from the County' s
premises. Aims Students and Aims personnel shall promptly and without protest leave
an area whenever they are requested to do so by an authorized County representative.
County shall notify Aims of its request as soon as practical.
g.County Supervision. County shall provide for such supervision as is prearranged in consultation
with Aims. County supervisors may provide evaluation statements concerning
performance. However, Aims staff shall have the final responsibility for evaluating
performance and assigning grades. County shall maintain no educational records
concerning any Aims student assigned to the County's facilities. All documents in regard
to an Aims student's performance shall be forwarded to Aims upon the student's
completion of the clinical experience.
h.-Unsatisfactory Student Performance. County staff shall communicate with Aims representatives
concerning any problems that might arise due
to an Aims student's performance. A written
report shall be provided to the faculty or
staff member of Aims who is in charge of
student supervision.
6.JOINT RESPONSIBILITIES OF THE PARTIES:
a.Periodic Meetings. During the term of this Agreement, arrangements shall be made for periodic
meetings between representatives of Aims and County to promote understanding of and
adjustments to any operation or activity involved herein.
b.Non-discrimination. Neither County nor Aims will discriminate against any person because of
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race, color, creed, religion, age, handicap, sex, ancestry, veteran status, or national
origin.
c.Selection of Assignments. Aims shall select, in consultation with the cooperating professional
staff of the County, learning experiences to which Aims students will be assigned for
educational experiences at the County facilities. In the selection of said assignments,
appropriate consideration shall be given to Aims programs, policies, accreditation
criteria(both voluntary and regulatory), and the policies, and regulations of the County.
d. Selection of Students. Aims shall select and present the Aims students to be accepted by
County and assigned to the clinical experiences. Said students shall have completed all
prerequisite academic and clinical course work prior to selection for the clinical
experience.
d. Family Educational Rights and Privacy Act. Both parties recognize that they are bound
to comply with the Family Educational Rights and Privacy Act (Buckley Amendment)
in the handling of education records of students involved in their programs. It is also
understood and recognized that employees and agents of each party will need to have
access to the educational records maintained by the other party in properly administering
their duties and obligations under this Agreement and to the individual students. Neither
party shall be permitted to authorize any further disclosure of educational records of the
other party concerning students to persons or entities not a party to this Agreement
without first having received permission of the other party and having obtained
assurances that the other party has fully complied with the provisions of the Family
Educational Rights and Privacy Act. Any permitted redisclosure to persons or entities
not a party to this Agreement shall be under the condition that no further disclosure by
such parties shall be permitted.
f.Student Involvement in Any Reported Incident. County shall timely notify Aims when any Aims
employee or student has been involved in a reported incident. Aims shall have the
opportunity to participate in any ongoing investigation and shall have access to any oral
or written reports or any other documentation related to the reported incident. Aims
shall cooperate in any investigation of a potential liability-inducing incident.
g. Verification of County Accreditation. Each party shall provide the other party with
verification that they are accredited by appropriate state/federal bodies.
7. COMPENSATION: The cost incurred for each shift of mentored field experience,
such as "ride-a-longs" and/or participation in any other clinical experience for an Aims
student, is $ 30.00. Aims agrees to compensate County for the cost of the clinical
experience for Aims students by payment for the shifts in which Aims students
participate.
Within thirty(30) days following each thirty day period in which an Aims student
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participates in clinical experiences with County, County shall present to Aims an invoice for the
amount due and owing for that thirty day (30) day period together with any outstanding balance
due and owing. Payment or other credit must be received on or before 60 days after Aims is
presented with an invoice.
The parties acknowledge and agree that any charges for mentored field experiences or any other
clinical experiences are not for profit, but are to cover the costs incurred in providing the clinical
or field experiences.
8. PARTIES' RELATIONSHIP. The parties to this Agreement intend that the
relationship between them contemplated by this Agreement is that of independent
entities working in mutual cooperation. Aims faculty, staff, and students are not to be
considered County employees for any purpose and said persons may not hold themselves
out as employees or agents of County or otherwise make any representation or
commitment on behalf of County. County staff are not to be considered employees of
Aims for any purpose and said staff may not hold themselves out as employees or agents
of Aims or otherwise make any representations or commitments on behalf of Aims.
Neither party shall be in any way required to provide any pecuniary benefits, salaries,
wages, or fringe benefits to students of Aims or to employees of the other party.
9.INSURANCE:
a.Liability Insurance. Each party shall maintain liability insurance coverage or financial
responsibility acceptable to the other party as assurance of its accountability for any such
losses, claims, liabilities, or expenses on request. Weld County shall be named as an
additional insured on Aims' General Liability Insurance policy.
b.Professional Liability Insurance. Aims shall inform its students and faculty assigned to County
of the need for students and faculty to provide evidence of professional liability
insurance coverage of not less than $1 million per incident and $6 million per aggregate.
County is authorized to verify that such liability insurance coverage is in effect for any
Aims student or faculty prior to participation in any County clinical program.
c.Health Insurance. Aims students participating in County clinical programs shall cars/health
insurance coverage under Aims' s health insurance program; show proof of enrollment
in a comparable accident and sickness health insurance plan; or execute a waiver
releasing liability as to parties of this Agreement for any cause of action which may
accrue from the student' s decision not to carry health insurance. Aims students and
employees participating in any way in experiences provided by County shall be
responsible for payment of all medical bills for injuries or illness which may occur
during, or as a result of, the clinical experiences, which are not covered by any other
Aims provided insurance.
County may require each student, as a prerequisite of assignment to use County
facilities, to pass a health examination in accordance with County health standards.
Participating students and employees of Aims shall conform to the state health
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regulations.
d.Workers' Compensation. Aims shall maintain Workers' Compensation Insurance coverage, to
the extent such coverage is required, for all students enrolled in on-the-job training
programs.
e.Information Regarding Insurance. Each party shall provide information to the other party
regarding relevant insurance and/or financial responsibility pursuant to this Agreement.
In the event that the insurance coverage for Aims is canceled in whole or in part or is no
longer available, Aims shall immediately notify County. Either party may, at that time,
elect to immediately terminate this Agreement in whole or in part. If this Agreement is
so terminated, the terminating party must give notice to the other party as hereinafter set
forth, three days prior to termination.
10. DEFAULT -WAIVER- TERMINATION:
a.Default. Except in situations when termination is the appropriate action pursuant to paragraph
9e., each party shall promptly notify the other party of actions that have caused, in the
notifying party's opinion, a default or breach of any term or provision of this Agreement.
If such default or breach is not cured within 30 days after the delivery of such notice, the
notifying party may, at its election, declare this Agreement null and void or proceed to
seek any remedies to which it may be entitled under the law, or both.
b.Waiver. Any waiver by either party of any term or provision of this Agreement at any one time
shall not constitute a waiver of any other or all provisions. Any waiver of any part or
provision of this Agreement at any one time shall not constitute a waiver for all times.
c.Termination. Except as provided in Paragraph 9e. herein, either party may terminate this
Agreement for cause upon 10 days written notice and for any reason so long as 60 days
written notice of its intent to so terminate is given to the other party.
11.GENERAL PROVISIONS
a.Notices. Any notice provided for in this Agreement shall be in writing and shall be served by
personal delivery, confirmed facsimile, or by certified mail, return receipt requested,
postage prepaid at the addresses or facsimile numbers set forth in this Agreement, until
such time as written notice of a change is received from the party wishing to make a
change of address or facsimile number. Any notice so mailed, any notice served by
facsimile, and any notice served by personal delivery shall be deemed delivered and
effective upon receipt or upon attempted delivery. This method of notification will be
used in all instances, except for emergency situations when immediate notification to the
parties is required.
Aims: Aims Community College
ATTN: Marsi Liddell
6
5401 20th Street
Greeley, Colorado 80632
COUNTY: Dave Bressler, Director
Weld County Paramedic Service
1121 M Street
Greeley, Colorado 80631
FAX:
b.Modification. This Agreement constitutes the entire agreement between the parties and
supersedes all prior written and oral agreements. Any changes, modifications,
supplementations, or amendments to this Agreement must be reduced to writing and
signed by the parties which are signatory hereto.
c.No Assignment. This Agreement may not be assigned without first obtaining the consent of the
non-assigning party.
d. Venue. It is agreed by both parties that any causes of action arising out of this Agreement shall
be venued in the courts of Weld County, Colorado, to the extent that those courts are
reposed with subject matter jurisdiction. Both parties agree to submit themselves to the
personal jurisdiction of those courts.
e.Choice of Law. This Agreement shall be construed in accordance with the laws of the State of
Colorado.
The Laws of the State of Colorado and rules and regulations issued pursuant thereto
shall be applied in the interpretation, execution and enforcement of this contract. Any
provision of this contract whether or not incorporated herein by reference which
provides for arbitration by any extra judicial body or person or which is otherwise in
conflict with said Laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate
this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at Law whether by way of complaint, defense or otherwise.
f. Compliance with Public Office Laws. The signatories hereto agree that they
are familiar with Section 18-8-301 C.R.S., et.seq., (Bribery and Corrupt
Influence) and Section 18-8-401 C.R.S., et.seq. (Abuse of Public Office), as
amended, and that no violation of such provisions is present. The signatories hereto state
that to the best of their knowledge, no State employee has any personal or beneficial
interest whatsoever in the service or property described herein.
g. Required Approval. This Agreement shall not be deemed valid until it shall have been
approved by any and all necessary and required entities.
h.Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
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unenforceable, this Agreement shall be construed and enforced without such a provision,
to the extent this Agreement is capable of execution within the original intent of the
parties.
i.Budget Constraints. Nothing in this Agreement shall be construed to require the Board of
County Commissioners for Weld County to provide funding not already budgeted for
the applicable fiscal year.
j.No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of claim
whatsoever by any other person not included in 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.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals the date above
written.
Approved:
WELD COUNTY PARAMEDIC SERVICE AIMS CO TY COLLEGE
By: By:
Dave Bressler, Director Marsi Liddell, President
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY ON BEHALF OFT a , i
WELD COUNTY PARAMEDIC SER i �� T: �+�K %� rti,.tc✓1
test II O THE BOARD
By: y
David E. Long, Chair -.1\C" ._,* 1
1 5 20 ` ' `y" y Cle to the Board
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