HomeMy WebLinkAbout20022784.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE 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 an Agreement Concerning Clinical
Experience among 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 Services,
Northeastern Junior College, and the Colorado Department of Higher Education by the State
Board for Community Colleges and Occupational Education, commencing September 30, 2002,
and ending August 31, 2003, 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 among 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 Services, Northeastern Junior College, and
the Colorado Department of Higher Education by the State Board for Community Colleges and
Occupational Education, 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 16th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iat, iAi, EXCUSED
b� ` ; .), �GI:.�Vaad, Chair
Weld County Clerk to th. .8.r :(J ^ .l 1 C(,
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/ 00 �� Davi. rn ong, Pro-Te
BY: '�� � I�Jl / �' \4 i
Deputy Clerk to the Boar.��►�� —
M. J. eile
2PFCREED A F RM: ` 1-1) v/.,,-eg
illiam H. Jerke z/777Co�t�Atto ney 6 U---
Robert . Masden
Date of signature: io�o
2002-2784
00 : firri / AM--S-a AM0016
AGREEMENT CONCERNING CLINICAL EXPERIENCE
This Agreement is entered into thiso22'-clay of a m:CAW , 2002 by and between the
State of Colorado,Department of Higher Education by the State Board for Community Colleges and
Occupational Education, for the use and benefit of NORTHEASTERN JUNIOR COLLEGE
(hereinafter referred to as "NJC"), 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, NJC offers an education program which includes learning experiences for its
students in Emergency Medical Services 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
NJC's Emergency Medical Services programs; and
WHEREAS, as of the effective date of this Agreement, the State has a currently effective
Group II purchasing delegation agreement from the Division of Purchasing within the Colorado
Department of Personnel; and
WHEREAS, this procurement is exempt from the Colorado Procurement Code and Rules
because the County is a governmental agency; and
WHEREAS, all required approvals, clearances, and coordination have been accomplished
from and with all appropriate agencies, including CRS 24-50-504 through 510, if any apply; and
WHEREAS, NJC 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 NJC 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 NJC into its clinical/emergency medical services field
experience educational program.
3. TERM OF AGREEMENT. This Agreement shall be effective from Ceyt,,«.b r 30,
2002 through August 31, 2003, and shall be automatically renewable on an annual
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basis,unless sooner terminated pursuant to the terms of this Agreement as hereinafter
set forth.
4. OBLIGATIONS OF NJC:
a. Educational Programs. MC 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. NJC will keep all records and reports on 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, NJC 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 NJC 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 NJC carries out any duties hereunder with a related
organization,NJC 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. Selection of Assignments. NJC shall select, in consultation with the
cooperating professional staff of the County, learning experiences to which
students will be assigned for educational experiences at the County facilities.
In the selection of said assignments,appropriate consideration shall be given
to NJC programs, policies, accreditation criteria (both voluntary and
regulatory), and the policies, and regulations of the County.
d. Selection of Students. NJC shall select and present the students to be
accepted by County and assigned to such clinical experiences. Said students
shall have completed all prerequisite academic and clinical course work prior
to selection for the clinical experience. (Hereinafter, any reference to
"Students" shall be to students accepted by County and assigned to the
program.)
e. Confidentiality of Patient/Client Records. NJC shall instruct all 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. NJC shall inform students that students shall be
responsible for following the rules and regulations of the County.
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f Evaluation of Learning Experience. NJC will provide to County a copy of
course educational objectives for the learning experience. County, together
with NJC, will make arrangements for evaluating the learning experience.
g. Immunization Requirements. NJC shall ensure that students comply with
County's immunization requirements and will provide education as described
in the OSHA Bloodborne Disease Standards.
h. Orientation to County. NJC faculty shall orient students to the County unless
otherwise agreed upon.
i. County Standards. NJC faculty and students shall 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 students are assigned shall be
responsible for orienting faculty to County policies and protocols,particularly
where special rules and regulations are necessary. Students may be permitted
to perform services for patients only when under the supervision of a
designated County employee acting as a supervisor for students.
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
NJC involved in the clinical field experience at County to utilize facilities
such as the library, lounges, 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 students the
policies and procedures and other relevant materials to allow students to
function appropriately within the County organization.
e. County Protocols. Students assigned to the County shall follow the County's
protocols for health and safety. Necessary 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
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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 area, or it
may be a permanent withdrawal from the County's premises. Students and
educational institution personnel shall promptly and without protest leave an
area whenever they are requested to do so by an authorized County
representative. County shall notify NJC of its request as soon as practical.
g. Preceptor/Site Supervisors. Preceptor/site supervisors will be resource
persons for students and faculty in the clinical setting. NJC shall provide a
handbook delineating preceptor/site supervisor responsibilities.
h. County Supervision. County shall provide for such supervision as is
prearranged in consultation with the NJC. County supervisors may provide
evaluation statements concerning performance. However, NJC staff shall
have the final responsibility for evaluating performance and assigning grades.
County shall maintain no educational records concerning any student
assigned to the County's facilities. All documents in regard to a student's
performance shall be forwarded to NJC upon the student's completion of the
clinical experience.
Unsatisfactory Student Performance. County staff shall communicate with
NJC representatives concerning any problems that might arise due to a
student's performance. A written report shall be provided to the faculty or
staff member of NJC 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 NJC and County
to promote understanding of and adjustments to any operation or activity
involved herein.
b. Non-discrimination. Neither County nor NJC will discriminate against any
person because of race, color, creed, religion, age, handicap, sex, ancestry,
veteran status, or national origin.
c. 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
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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.
d. Student Involvement in Any Reported Incident. County shall timely notify
NJC when any NJC employee or student has been involved in a reported
incident. NJC 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. MC shall cooperate in any
investigation of a potential liability-inducing incident.
e. Verification of Accreditation. Upon request, each party shall provide the
other party with verification that they are accredited by appropriate
state/federal bodies.
7. FINANCIAL PROVISIONS: The parties agree to the following financial provisions:
a. Compensation. NJC agrees to compensate County as follows:
County will provide one clinical rotation for up to 50 EMT-Basic Students
at a rate of $ 25.00 per EMT-Basic Student, and two to three clinical
rotations for up to 15 EMT-Intermediate students at a rate of$ 25.00 per
EMT-Intermediate Student, or any combination thereof, the total not to
exceed $3,000 for the initial term of this Agreement.
Of the contractual amount, one hundred percent is derived from a source of
the State Government.
To be compensated under this Agreement, County shall submit a signed
monthly billing statement, an example of which is incorporated herein by
reference, made a part hereof, and attached hereto as Attachment B, within
sixty (60) calendar days of the end of the month for which services were
rendered.
Reimbursement during the initial, and any extension of the, term of this
contract shall be conditioned upon affirmation by the State that all services
were rendered by County in accordance with the terms of this Agreement.
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b. Parties'Relations. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities
working in mutual cooperation. NJC 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 Northeastern Junior College for any purpose and
said staff may not hold themselves out as employees or agents of NJC or
otherwise make any representations or commitments on behalf of NJC.
Neither party shall be in any way required to provide any pecuniary benefits,
salaries, wages, or fringe benefits to students of NJC or to employees of the
other party.
8. INSURANCE:
a. Liability Insurance. NJC shall maintain liability insurance coverage or
financial responsibility acceptable to County as assurance of its accountability
for any such losses, claims, liabilities, or expenses.
County shall maintain liability insurance coverage or financial responsibility
as assurance of its accountability for any such losses, claims, liabilities, or
expenses.
b. Professional Liability Insurance. NJC 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 student or faculty prior
to participation in any County clinical field program.
c. Health Insurance. Participating students shall carry health insurance coverage
under NJC's health insurance program or show proof of enrollment in a
comparable accident and sickness health insurance plan. NJC students and
employees participating in any way in clinical/field 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/field
experiences, which are not covered by any other NJC 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 NJC shall conform
to the state health regulations.
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d. Workers' Compensation. NJC 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 to the other party
information regarding relevant insurance and/or financial responsibility
pursuant to this Agreement. In the event that the insurance coverage for that
party is canceled in whole or in part or is no longer available,either party may
elect to immediately terminate this Agreement in whole or in part. If this
Agreement is so terminated, the terminating party must give notice of such
termination to the other party as hereinafter set forth, within three days after
termination.
7. LIMITATIONS - LIABILITIES - INDEMNIFICATION:
To the extent permitted by law, each party agrees to defend, hold harmless, and
indemnify the other party and its affiliates,directors,trustees,officers,and employees
from and against all claims, demands, suits,judgments, expenses, and costs of any
and all kinds arising as a result of damages or injuries arising out of, or incident to,
the performance or failure of performance of this Agreement by such indemnifying
party or its agents of its duties, obligations, or rights hereunder.
In the event that negligence or malpractice of NJC or a student of NJC shall subject
County to potential or actual liability, or in the event that negligence or malpractice
of County shall subject NJC or a student of NJC to potential or actual liability, the
negligent party shall hold the other party harmless from all monetary loss resulting
from such liability. This obligation to hold harmless shall, in addition to any other
obligations commonly associated with it, obligate the negligent party to pay all
reasonable attorney fees, costs, expenses, and damages incurred as a result of such
liability. NJC acknowledges that the Weld County Paramedic Service is a
department of Weld County and, thus, to the extent authorized by law, NJC 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 contained herein to the contrary,neither party waives
any immunities that may be available to either party by statute or any other law.
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8. DEFAULT - WAIVER- TERMINATION:
a. Default. Except in situations when termination is the appropriate action
pursuant to paragraph 8.c,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 and proceed to seek
any remedies to which it may be entitled under the law.
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. Either party may terminate this Agreement for cause upon 10
days written notice and for any reason so long as 90 days written notice of its
intent to so terminate is given to the other party.
9. GENERAL PROVISIONS
a. Notices. Any notice provided for in this Agreement shall be in writing and
shall be served by personal delivery or by certified mail, return receipt
requested, postage prepaid at the addresses 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. Any notice so mailed 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.
NJC: NORTHEASTERN JUNIOR COLLEGE
Adult/Continuing &Community Education
100 College Drive
Sterling, CO 80751
COUNTY: Weld County Paramedic Service
1121 M Street
Greeley, Colorado 80631
ATTN: Gary McCabe
b. Modification. This Agreement constitutes the entire agreement between the
parties and supersedes all prior written and oral agreements. Any changes,
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modifications,supplementations,or amendments to this Agreement must be
reduced to writing and signed by the parties which are signatory hereto.
c. 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.
d. Choice of Law. This Agreement shall be construed in accordance with the
laws of the state of Colorado.
e. Budget Constraints. Nothing in this Agreement shall be construed to require
the Weld County Paramedic Service or the Weld County Board of County
Commissioners to provide funding for any purpose under this Agreement that
has not previously been budgeted.
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. State Approval Required. This Agreement shall not be deemed valid until it
shall have been approved by the State Board for Community Colleges and
Occupational Education.
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.
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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-L� WITNESS WHEREOF, the parties have hereunto set their hand and seals thisday
of e II, 2002.
WELD COUNTY PARAMEDIC SERVICE NORTHEASTERN JUNIOR COLLEGE
By: - /1/\�' By: V
Gary i cCabe, Director ��11 , Presi nt
STATE OF COLORADO
Department of Higher Education,
By the State `oard for C unity
Colleges . : Occupati< . ti�
By:
r.P./Dean if Academic Services
Approvals:
STATE CONTROLLER
ARTHU BARNHART By: aL /ivt.it
ATTEST: Lai BOARD OF COUNTY COMMISSIONERS
@•C •
"Jj,� OF WELD COUNTY ON BEHALF OF THE
WELD COUNTY PARAMEDIC SERVICE,
:EI:K1O
THE BO GREELEY, COLOn t t,'. By: ,�I 11 U
� .,\Q \, - c�
Deputy Clerk to the Boar David E. Long 0M4 0/ CO2)
Chair Pro-Tem
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