HomeMy WebLinkAbout20061600.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 14th day of June, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
'L4\ ELD COUNTY %• ORADO
I O. /
ATTEST: aft '/ f't. '. r"VOA Mr. -
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Weld County Clerk to the B.t f
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1.� David E. Long, Pro-Tem ,
BY:•• f G , i
D uty Cle tote Board l..
1/Villia H. Jerke
APP E S T • b, \1\14
Robert D. Masden
unty A rney
1 I lt-tc G enn Vaa
Date of signature:
2006-1600
AM0018
tOf fMreCl e-/cD 07-/0 -0.e,
&Aims
Community College
May 22, 2006
Dave Bressler, Director
Weld County Paramedic Service
1121 M Street
Greeley, CO 80631
Subject: Contract/Agreement with Aims Community College
Attached please find the agreement between your agency and the College, which has
been signed by Aims President Dr. Marsi Liddell. If you are in agreement with the terms
and conditions, please sign and return to:
Carol J. Hoglund, Chief Business Officer
Aims Community College
P.O. Box 69
Greeley, CO 80632
Aims does not consider a contract fully approved until signatures are obtained from both
the College and the outside agency; therefore, we ask that you return the fully approved
contract to us as soon as possible.
If you have questions, please contact my office at (970) 339-6655. Thank you for your
assistance.
Sincerely,
Carol J. Hog nd
Chief Business Officer
Agreement Concerning Clinical Experience
c: Randy Souther, Fire Science Greeley Campus
5401 W 20th St
Greeley CO 80634
970 330 8008
www.aims.edu
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2006-1600
-74 ug4f,hte&r e& St
AGREEMENT CONCERNING CLINICAL EXPERIENCE
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This Agreement is entered into this he day of Can& ,20 04,by 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/emergencymedical 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
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services pursuant to this Agreement, Aims shall make available, upon request, to the
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.
d. Evaluation 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.
f. Orientation to County. Aims faculty shall orient Aims students to the County 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.
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b. Maintain a Learning Environment. County shall recognize a responsibility to maintain a
learning 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 the 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.
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b. Non-discrimination. Neither County nor Aims will discriminate against any person
because of 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.
e. 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.
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For each quarter in which an Aims student participates in clinical experiences with
mount due and owing. P a y m e n t
must be received on or before 60 days after Aims is presented with an invoice.
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.
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 carry
health insurance coverage under Aims's health insurance program or show proof of
enrollment in a comparable accident and sickness health insurance plan. 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 regulations.
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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. LIMITATIONS - LIABILITIES - INDEMNIFICATION:
To the extent not covered by the insurance referred to in Paragraph 9 of this Agreement,
and to the extent permitted by law,Aims hereby agrees to indemnify and hold harmless the
County,its affiliates,directors,trustees,officers, and employees from any claims,liability
or damages resulting from the negligent acts or omissions of a Student or faculty member
that is participating in the Program. This obligation to hold harmless shall, in addition to
any other obligations commonly associated with it, obligate Aims to pay all reasonable
attorney fees, costs, expenses, and damages incurred as a result of such liability. Aims
acknowledges that the Weld County Paramedic Service is a department of Weld County
and, thus, to the extent authorized by law, Aims agrees to indemnify, save, and hold
harmless the Weld County Board of Commissioners,or Weld County,or both, against any
and all claims, damages, liability, and the like as above set forth.
The indemnities and assumptions of liabilities and obligations herein provided for shall
continue in full force and effect notwithstanding the expiration or termination of this
Agreement. Notwithstanding any provision in this Agreement to the contrary, however,
neither party waives any immunities to which they are entitled pursuant to law.
11 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.
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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.
12. 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: Marilynn Liddell
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
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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 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.
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.
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IN WITNESS WHEREOF,the parties have hereunto set their hand and seals the date above written.
Approved:
WELD COUNTY PARAMEDIC SERVICE AIMS COMMUNITY COLLEGE
ave Bressler, Director Marilynn Liddel
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY ON BEHALF OF THE �/ I �
WELD COUNTY PARAMEDIC SERVICE ATTEST: G'L E14/'
CLERK TO THE BOARD
By:
.J.Ge. e, Chair 6
By: t 4
Depu Clerk the Board
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