HomeMy WebLinkAbout20041718.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PROFESSIONAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO 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 an Agreement for Purchase of Professional
Services 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 State of Colorado acting by and on behalf of the Board of Trustees of the
University of Northern Colorado,College of Health and Human Sciences for the use and benefit of
the School of Nursing, Gunter Hall, Campus Box 125, 501 20th Street, Greeley, Colorado 80639,
commencing June 27, 2004,and ending June 26, 2005,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 Purchase of Professional Services 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 State of
Colorado acting by and on behalf of the Board of Trustees of the University of Northern Colorado,
College of Health and Human Sciences for the use and benefit of the 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of June, A.D., 2004.
2004-1718
HL0031
AGREEMENT FOR PURCHASE OF PROFESSIONAL SERVICES
PAGE 2
BOARD OF COUNTY COMMISSIONERS
E J1, W LD COUNTY COLORADO
1861 �Jr. "x)1!:.2 'r Robert D. Masden, Chair
-WQ vt+ 4/ Clerk to the Board
Ili •• 1 1 William erke, Pro-Tem
Deputy Clerk to the Board
M. . ile
AP O ED A RM:
David . Long
o nt tto ney EXCUSED
Glenn Vaad
Date of signature: i�/��
2004-1718
HL0031
Memorandum
TO: Robert D. Masden, Chair
OBoard of County Commissioners
• From: Mark E. Wallace, MD, MPH
COLORADO Director, Department of Public Health
and Environment �
DATE: June 11, 2004
SUBJECT: Purchase of Professional Services
Enclosed for Board review and approval is an agreement for purchase of professional services
between the University of Northern Colorado School of Nursing and the Weld County Public
Health (WCDPHE)Nursing Division.
Under the provisions of the agreement, WCDPHE would provide staff nurses who instruct and
supervise UNC nursing students during their public health clinical rotation. This is an
enhancement of our existing clinical instruction activities provided by WCDPHE. It also
provides an opportunity to fulfill one of the 10 essential public health services of"ensuring an
educated and well trained work force."
Through this agreement, the University of Northern Colorado will pay $3,300.00 to Weld
County Department of Public Health and Environment to provide for the supervision and clinical
instruction of the nursing students. This agreement is to cover June 27, 2004, through and until
June 26, 2005. These funds are to cover a total of 64 hours of clinical supervision and
instruction.
I recommend your approval of this agreement.
2004-1718
University of Northern Colorado
College of Health 8 Human Sciences
School of Nursing
Contract Routing No.GKA04-0178
AGREEMENT FOR PURCHASE OF PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this e day of June,2004,by and between the County of Weld,
State of Colorado,a political subdivision,whose address is 915 Tenth Street, Greeley,Colorado 80631,by and on behalf of
the Weld County Department of Public Health and Environment,whose address is 1555 N. 17th Avenue,Greeley,Colorado
80631,hereinafter referred to as"County Department"or"Contractor"and the State of Colorado acting by and on behalf of
the Board of Trustees of the University of Northern Colorado,College of Health&Human Sciences for the use and benefit
of the School of Nursing, Gunter Hall,Campus Box 125,with a mailing address of 501 20'h Street,Greeley,Colorado 80639,
hereinafter referred to as"University"or"State".
FACTUAL RECITALS
A. University has established and is a provider of accredited educational programs for undergraduate nursing students
studying health and human sciences, hereinafter referred to as"program",which require the professional services of County
Department. The University is accredited by the Commission on Collegiate Nursing Education.
B. University desires to enhance its educational and clinical programs by procuring County Department's professional
services for undergraduate nursing students under the terms and conditions set forth in this Agreement.
C. County Department employs nurses with master's degrees who can supervise the clinical training of the University's
undergraduate nursing students at its site. County Department has the time available and is willing to perform the
professional services described below, according to the terms of this Agreement.
D.The parties have previously entered into an Academic Affiliation Agreement whereby the County Department provides its
site to the University's students participating in various educational programs.
E. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and sufficient
uncommitted balance thereof remains available for encumbering and subsequent pursuant of this Agreement under
encumbrance number in Fund number 3-92901.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto
agree as follows:
1. TERM: The term of this Agreement shall be from June 27, 2004, through and until June 26, 2005, or as other
provisions for termination contained herein may allow. In the event this Agreement is not renewed fora subsequent term or
is otherwise terminated as contemplated herein, University's students of who are participating in the clinical learning
experiences at County Department at the time of termination will be allowed to complete such clinical leaming experience at
County Department for the then current school semester under the terms and conditions herein set forth.Termination will
not relieve the University for payment of services rendered prior to the termination date, nor will County Department be
relieved of its obligation to provide services up to and including the termination date.Any services provided to University for
any student who has not completed his or her clinical learning experience will be determined on a per hour basis.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: County Department agrees to perform the Professional
Services as follows:
• Attend student orientation (6 hours) in Greeley, on June 28, 2004, 9:00 am—3:00 pm
• Course meetings/phone consultation (pm)
• Coordinate and supervise clinical rotation at Weld County Department of Public Health
o Three (3) Monday shifts (8 am —5 pm)July 12—July 26
o Five (5)Tuesday shifts (8 am —5 pm)June 29—July 27
o Other hours TBA with students—but no later than July 27, 2004
o Student evaluation/paperwork (15 hours
• County Department 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.
• County Department will make available to assigned students,appropriate venue,equipment and supplies in order
to provide supervised clinical educational experiences that include an environment conducive to the learning
process which conforms to Contractor's customary practices and procedures.
1 3,:yr V- /7vJ
• Contractor will permit University's students to perform services for Contractor's patrons only when under the
supervision of a registered nurse licensed in the discipline in which supervision is to be provided, and such
registered nurse shall be an employee of Contractor at all times during the term of this Agreement.
3. COMPENSATION: University agrees to pay Contractor for all service rendered and performed from June 28, 2004
through and including July 27,2004, hereunder as follows:Summer 2004 Faculty Expectations:Payment Schedule(checks
payable to Weld County Department of Public Health)=$3,300 due August 1,2004,directed to the attention of Linda Henry.
As additional services are required, the parties will submit requests in writing; in any event, the University will expend no
more than $10,000 per year during the term of this Agreement.
4. RENEWAL OPTION:At the State's option,it may require continued performance under the contract for a period of one
additional year. If the State exercises this option,the extended contract shall be considered to include this option provision.
Preliminary notice does not commit the State to an extension. The total duration of this contract, including the exercise of
any options under this paragraph is the original term and two (2)successive one-year renewals, expiring November 30,
2006. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
5. INDEPENDENT CONTRACTOR: The parties to this Agreement intend that the relationship contemplated by this
Agreement is that of independent entities working in mutual cooperation. University's faculty,staff, and students will not be
considered employees for any purpose, and will not hold themselves as employees or agents of Contractor or otherwise
make any representation or commitment on behalf of Contractor. Likewise, Contractor's staff will not be considered
employees of University for any purpose,and will not hold themselves out as employees or agents of University or otherwise
make any representations or commitments on behalf of University.County Department will in no way be required to provide
any pecuniary benefits,salaries,wages,or fringe benefits to faculty, staff or students of University,and likewise,University
will in no way be required to provide such pecuniary benefits to employees or agents of Contractor.
6. RULES AND REGULATIONS: Contractor may from time to time issue non-discriminatory rules and regulations,which
shall be discussed with University before implementation, and which shall be enforced by University and the Contractor
upon the students and faculty of University. Contractor has ultimate responsibility for the quality of care given to patients.
Contractor may refuse access to any student or faculty member of the University who does not meet Contractor's employee
standards for safety, health, or ethical behavior. Contractor may resolve any dispute or problem situation in favor of its
patients or staff, or Contractor's welfare,and restrict access of any student or faculty member of University until such time
as such dispute or problem can be resolved by good faith negotiation between Contractor and University. University
personnel assigned to Contractor shall not become involved in controversial matters relating to the internal operation of
Contractor. University and Contractor reserve the right to evaluate and if necessary temporarily interrupt educational
experiences if the existing conditions are not conducive to good educational and patient care practices.
7. HEALTH CARE: All affiliating students and faculty of University shall have, prior to affiliation: a) an annual skin test
and, if indicated,a chest x-ray, b)immunization(if over 18 years of age)including hepatitis B or waiver of same,diphtheria,
and tetanus,and c)proof of immunity to rubella and rubeola.Students and faculty of University shall be responsible for their
own medical expenses. Any service provided by Contractor for the student or faculty member is the responsibility of the
Contractor and student or faculty member.
8. GOVERNANCE: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 agreement. Any provision of this agreement, whether or not
incorporated by reference, which provides for arbitration by any judicial body or person 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.Any provision rendered null and void by
the operation of this provision will not invalidate the remainder of this agreement to the extent the agreement is capable of
execution.
9. FERPA: Both parties recognize that they are bound to comply with the Family Educational Rights and Privacy Act
(Buckley Amendment)in the handling of educational records of students enrolled in its program. 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. It is
also agreed that each party will thoroughly orient their employees and agents of their obligations under the Family
Educational Right and Privacy Act(FERPA)and will maintain their practices in strict accordance with the requirements of
that Act.Neither party will authorize further disclosure of educational records of students to persons or entities not a party to
this Agreement.
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10. COMPLIANCE WITH HIPAA: University and its students agree to abide by any current and future applicable standards
as set forth by the Healthcare Insurance Portability and Accountability Act(HIPAA).
11. NOTICE: Any notice mailed in compliance with this section 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.
If to County Department/Contractor:
Linda Henry
Title
Weld County Department of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
If to University: AND MARGARET ANDREWS
UNIVERSITY OF NORTHERN COLORADO DIRECTOR
ROBBYN WACKER,DEAN SCHOOL OF NURSING
COLLEGE OF HEALTH&HUMAN SCIENCES COLLEGE OF HEALTH&HUMAN SCIENCES
CAMPUS Box 134 CAMPUS BOX 125
GREELEY, CO 80639 Greeley, CO 80639
12. DISCRIMINATION AND AFFIRMATIVE ACTION:Both parties will comply with the letter and spirit of the Colorado Anti-
discrimination Act of 1957,as amended,and other applicable law respecting discrimination on the basis of race,color,sex,
age, religion, national origin, handicap or veterans status.
13. LIABILITY INSURANCE: Both parties are governmental entities of the State of Colorado, and as such, and,
notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement will be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act statute, CRS 24-10-101, et seq., as now or hereafter amended.
Each party will be responsible for any liability or injury to third parties caused by the tortious acts of that party's employees,
students or agents, as the case may be, subject to appropriations and applicable Colorado state and federal laws, more
particularly CRS 24-10-101, et seq., and CRS 24-30-1501, et seq.A certificate evidencing self-insurance will be provided
upon request.
Pursuant to CRS Paragraph 7, Part 302, Article 40 of Title 8, both parties are self-insured under its own workers'
compensation insurance fund.
14. NON-ASSIGNMENT: Neither party shall assign or transfer this Agreement, any interest therein or claim thereunder,
without the prior written approval of the other party.
15. RULES AND REGULATIONS: Contractor will remind students that they will remain subject to the authority, policies,
and regulations imposed by the University. During periods of clinical assignment,and while at Contractor,students will also
be subject to all standards,rules,regulations,and administrative practices and policies of Contractor, including applicable
confidentiality laws, rules, regulations and procedures with regard to patient, client or patron records.
16. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10-day
written notice thereof. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of
the terms of the Agreement.
17. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement.
18. ENTIRE AGREEMENT/MODIFICATIONS:This Agreement constitutes the entire understanding between the parties
with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid
unless made in writing and agreed to by both parties.
19. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a
waiver of any immunities of County Department or its officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care with respect to any persons other than County Department and not a
party to this Agreement.
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20. FORCE MAJEURE: Neither party to this Agreement will be deemed to be in violation of this Agreement if it is, or
reasonably determines it is, prevented from performing any of its duties or obligations for any reason beyond such party's
control,including,without limitation,flood,storm,strikes,acts of God or the public enemy or statute,ordinance,regulation,
rule or action or any applicable governmental entity.
21. CONTINUING OBLIGATIONS:Any provisions 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,except as
designated above.
22. HEADINGS: Any headings used herein are for convenience only and do not limit or expand this Agreement.
23. ORDER OF PRECEDENCE: In event of conflicts or inconsistencies between this Agreement and its attachments,such
conflict or inconsistencies shall be resolved by reference to the following order of priority: 1)Colorado Special Provisions
and 2) this Agreement, then 3) Clinical Affiliation Agreement entered into on November 1, 2003 (attached hereto and
incorporated herein as Exhibit 1).
THIS AGREEMENT, in conjunction with the Clinical Experience Agreement, contains the entire understanding of the parties
and supersedes any and all previous agreements.
COLORADO SPECIAL PROVISIONS- Use with Inter-Governmental Contracts
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1) PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE
This contract shall not be deemed valid until it has been STATE) AND UNEMPLOYMENT COMPENSATION
approved by the Controller of the State of Colorado or such INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND
assistant as he may designate. SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
2. FUND AVAILABILITY. CRS 24-30-202(5.5) CONTRACTOR, ITS EMPLOYEES AND AGENTS.
Financial obligations of the State of Colorado payable after the
current fiscal year are contingent upon funds for that purpose 5. NON-DISCRIMINATION.
being appropriated, budgeted, and otherwise made available. The Contractor agrees to comply with the letter and the spirit of
all applicable state and federal laws respecting discrimination
3. INDEMNIFICATION. and unfair employment practices.
To the extent authorized by law,the Contractor shall indemnify,
save, and hold harmless the State against any and all claims, 6. CHOICE OF LAW
damages,liability and court awards including costs,expenses, The laws of the State of Colorado and rules and regulations
and attorney fees incurred as a result of any act or omission by issued pursuant thereto shall be applied in the interpretation,
the Contractor, or its employees, agents, subcontractors, or execution, and enforcement of this contract. Any provision of
assignees pursuant to the terms of this contract. this contract,whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or
No term or condition of this Agreement shall be construed or person or which is otherwise in conflict with said laws,rules,and
interpreted as a waiver, express or implied, of any of the regulations shall be considered null and void.Nothing contained
immunities, rights, benefits, protection, or other provisions for in any provision incorporated herein by reference which purports
the parties, of the Colorado Govemmental Immunity Act, CRS to negate this or any other special provision in whole or in part
24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. shall be valid or enforceable or available in any action at law
2671 et seq.as applicable, as now or hereafter amended. whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this
4. INDEPENDENT CONTRACTOR.4 CCR 801-2 provision will not invalidate the remainder of this Agreement to
THE CONTRACTOR SHALL PERFORM ITS DUTIES the extent that the Agreement is capable of execution.
HEREUNDER AS AN INDEPENDENT CONTRACTOR AND
NOT AS AN EMPLOYEE.NEITHER THE CONTRACTOR NOR At all times during the performance of this contract, the
ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL Contractor shall strictly adhere to all applicable federal and state
BE OR SHALL BE DEEMED TO BE AN AGENT OR laws,rules,and regulations that have been or may hereafter be
EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY established.
WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID 7. SOFTWARE PIRACY PROHIBITION Governor's Executive
BY THE STATE PURSUANT TO THIS CONTRACT. Order D 002 00
CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR No State or other public funds payable under this Contract shall
AND ITS EMPLOYEES ARE NOT ENTITLED TO be used for the acquisition, operation, or maintenance of
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE computer software in violation of United States copyright laws or
CONTRACTOR OR THIRD PARTY PROVIDES SUCH applicable licensing restrictions.The Contractor hereby certifies
COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR that, for the term of this contract and any extensions, the
OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR Contractor has in place appropriate systems and controls to
SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, prevent such improper use of public funds. If the State
TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR determines that the Contractor is in violation of this paragraph,
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH the State may exercise any remedy available at law or equity or
HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN under this contract, including, without limitation, immediate
FORCE WORKERS' COMPENSATION (AND PROVIDE termination of the contract and any remedy consistent with
United States copyright laws or applicable licensing restrictions.
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State of Colorado has any personal or beneficial interest
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & whatsoever in the service or property described herein.
CRS 24-50-507
The signatories aver that to their knowledge,no employee of the
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
UNIVERSITY/UNC(STATE): t
STATE OF COLORADO OARD OF COUNTY COMMISSIONERS
Acting by and on behalf of the Boa of Trustees of i LD COUNTY,COLORADO,a political subdivision
The Un' rsity of Northern Co ra 1'a' --
By: At _y:, V - i\fvve 0
JUN 2 3 2004
Fr ces L.Schbneck Da 4ru
1861 laa.sden, n it /��!/V Date
Vice President for Administration '-:
Treasurer to Board of Trustees ic` r ATTEST:
cLiRK TO TH�
College of Health���&Human�Sciences
O
J)' / tr.'',
y y�J-f//Z
BY. Ley V wat ri)i�. id 2 c ��� ��Y —_ ( .Gt..- -� / �tf I 4,v <��-�s
of b � Dep ty C ert-7 Date
Robbyn Wack can Date
School of Nursing ei•AP VED T R '
� RF,
By: i�/htn . 4 G 'z Y UY By: �� r
Margaret findrews,RN Date Attorney f • Date
KEN SALAZAR. G ELD COUNTY DEPARTMENT OF PUBLIC HEALTH&
• ii______ p EM OYMENT,ayii' �By: I6 �R J. m den, nera Counsel Date By:
Special Assistant A rney General Mark E.Wallace, MPH-Director Date
FEIN 84-6000546R' Exempt#98-03693 FEIN 84-
CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts.This Agreement is not valid until the State Controller,or such
assistant as he may delegate,has signed it.The Contractor is not authorized to begin performance until the Agreement is signed and dated
below.If performance begins prior to the date below,the State of Colorado may not be obligated to payfor the goods and/or services provided.
Arthur L. rt ST E CONTROLLER
B r / 677140 7
Mi el e F.Quinn,9 ate ontr r Designee Date Approved 4/1104
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l c_
EXHIBIT 1
State of Colorado
University of Northern Colorado
College of Health 8 Human Sciences
School of Nursing
Contract Routing No.GKA04-0075
CLINICAL EXPERIENCE AGREEMENT
BETWEEN
UNIVERSITY OF NORTHERN COLORADO
COLLEGE OF HEALTH AND HUMAN SCIENCES
SCHOOL OF NURSING
AND
Weld County Department of Public Health and Environment
THIS CLINICAL EXPERIENCE AGREEMENT, entered into academic and clinical coursework prior to their selection for
as of the 1s' day of November, 2003, by and between the the clinical experience.
State of Colorado acting by and on behalf of the Board of
Trustees of the University of Northern Colorado, College of 1.5 School shall instruct all students assigned to the
Health and Human Sciences, for and on behalf of the Agency facility as to the legal and ethical standards for
School of Nursing, Campus Box 125, 501 20th Street, confidentiality of records and patient/client data imparted
Greeley, Colorado 80639 (hereinafter referred to as during the clinical experience.
"School" or "State"), and the Weld County Department of
Public Health and Environment, 1555 N. 17th Avenue, 1.6 School faculty, staff and students shall not be
Greeley CO 80631, a body politic, hereinafter referred to as considered Agency employees for any purpose and said
"Agency"or"Contractor". persons shall not hold themselves out as employees or
agents of Agency or otherwise make any representation or
RECITALS: commitments on behalf of Agency.
A. School of Nursing offers nursing education programs at 1.7 School faculty shall orient students to the Agency
the Baccalaureate and Masters levels,and unless otherwise agreed upon.
B. Agency has certain facilities available for clinical 1.8 School faculty and students will adhere to the rules,
experiences and desires to provide such facilities for regulation, procedures and standards of the Agency.
educational purposes in the preparation of students of the
nursing programs,and 1.9 School will inform student(s) of their responsibility to
maintain and to provide upon request a current health
C. School and Agency desire to establish a policy as to their record showing the student's physical status, including: a)
respective responsibilities, and to reduce their agreement to three Hepatitis B vaccination and laboratory proof of
writing. immunity, or wavier form; b)two immunizations for mumps,
measles and rubella (MMR)or laboratory proof of immunity;
NOW THEREFORE, in consideration of the foregoing c) current Mantoux method PPD; if PPD test not given in
premises and the covenants and agreements hereinafter past 12 months, 2-step testing process is required. PPD
set forth, the parties agree as follows: must be completed upon commencement of student's
placement at Agency, and on an annual basis thereafter per
I. RESPONSIBILITIES OF THE SCHOOL the guidelines issued by the U.S. Department of Health and
1.1 School shall provide for the administration and Human Services, Centers for Disease Control and the
operation of the courses that are a part of the School of OSHA tuberculosis Compliance Directive; and d) annual
Nursing curriculum, including such programs of study training in Standard Transmission Precautions. Student will
offered students using Agency's facilities. be required to show proof of immunization prior to student's
acceptance by Agency.
1.2 School shall provide qualified and competent faculty
members adequate in number for the instruction and 1.10 Participating students shall carry mandatory health
supervision of students using the Agency facilities. insurance coverage under the University's health insurance
program or show proof of enrollment in a comparable
1.3 School shall select, in consultation with the accident and sickness health insurance plan.
cooperating professional staff of the Agency, learning
experiences to which students will be assigned for 1.11 College is provided worker's compensation through the
educational experiences at the Agency facilities. In the State of Colorado's Compensation Insurance Fund
selection of said assignments, appropriate consideration pursuant to CRS 24-30-1510.7. This coverage is provided
shall be given to the School of Nursing policies, to those students who receive no pay or remuneration and
accreditation criteria (both voluntary and regulatory), and are enrolled in required on-the-job training programs,except
the policies, regulations and nursing standards of the student teaching. If requested by Agency each student will
Agency. be notified to obtain Professional Liability Insurance within
Agency's required limits. College will notify each student to
1.4 School shall select and provide the students to be provide Agency with any change in coverages within thirty
assigned to such clinical experiences. The parties shall (30)days prior to any change going into effect.
consult and determine the number of students assigned to
Agency. Said students shall have completed all prerequisite 1.12 School agrees to, at the written request of Agency,
remove from Agency any student who, in the sole and
School of Nursing f
Revised for Fiscal Year 2003-04
rack 3_jr(/2
absolute discretion of Agency, has performed removed or the breach cured within that 30-day period, the
unsatisfactorily or whose behavior or activities are contract shall remain in force and effect. In the event the
inappropriate or detrimental to the Agency's provision of cause is not removed or the breach is not cured within the
health care to its clients or which are contrary to the 30-day period, the party providing notice may thereafter
objectives of this Agreement. Requests for such removal of terminate the Agreement. This Agreement may be
a student must be provided in writing and contain a terminated at any time for any reason other than cause by
statement of facts supporting such request by Agency. either party hereto upon ninety (90) days' prior written
notice to the other party delivered to the address shown
II. RESPONSIBILITIES OF AGENCY below. During the term of this Agreement, arrangements
2.1. Agency shall maintain an environment conducive to shall be made for periodic meetings between
sound educational and clinical experiences. representatives of the School and the Agency to promote
understanding of and adjustments to any operation or
2.2 Agency has ultimate responsibility for the quality of activity involved herein.
care given to its patients.Agency staff in the areas to which
students are assigned shall be responsible for orienting 3.2 Both parties will comply with the letter and spirit of the
faculty to Agency policies and protocols, particularly where Colorado Anti-discrimination Act of 1957, CRS 24-34-402,
special rules and regulations are necessary. as amended, and other applicable law respecting
discrimination.
2.3 Agency shall permit students, staff and faculty of the
School of Nursing to use facilities such as the library, 3.3 Both parties agree that no money will be paid by either
lounges, conference rooms, audio-visual equipment or party to the other under the terms and conditions of this
other teaching equipment consistent with the regulations Agreement and that the mutual benefits contained herein
and policies set by the Agency. constitute sufficient consideration. The parties to this
Agreement intend that the relationship contemplated by this
2.4 Agency staff shall communicate with School Agreement is that of independent entities working in mutual
representatives concerning any problems that might arise cooperation. School faculty, staff, and students shall not to
due to a student's performance. A written report shall be be considered employees for any purpose, and said
provided to the faculty or staff member of the School who is persons may not hold themselves as employees or agents
in charge of student supervision. of Agency or otherwise make any representation or
commitment on behalf of Agency. Likewise, Agency staff
2.5 Agency shall provide for such supervision as is are not to be considered employees of school for any
prearranged in consultation with the School. Agency purpose, and said staff may not hold themselves out as
supervisors may provide evaluation statements concerning employees or agents of school or otherwise make any
performance, however, School staff shall have the final representations or commitments on behalf of school.
responsibility for evaluating performance and assigning Agency shall in no way be required to provide any
grades. The Agency shall maintain no educational records pecuniary benefits, salaries, wages, or fringe benefits to
concerning any student assigned to the Agency facilities.All faculty, staff or students of school, and likewise, school
documents related to a student's performance will be shall in no way be required to provide such pecuniary forwarded to the School upon the student's completion of benefits to employees or agents of Agency.
the clinical experience.
3.4 Both parties are governmental entities of the State of
2.6 Agency will provide for, at the sole cost and expense of Colorado, and as such, and, notwithstanding any other
School, emergency care for students involved in accidents provision of this Agreement to the contrary, no term or
or injuries if the accident or injury is incurred while condition of this Agreement will be construed or interpreted
participating as a student at the Agency. - as a waiver, express or implied, of any of the immunities,
rights, benefits,
2.7 Agency shall retain the right, in its sole discretion, to Colorado Governme Governmentalprovisions
Immunity Act, CRS 24-10-101 the et
request the removal of any student from the premises from seq.,as now or hereafter amended.
the facility or clinical area. Removal may be a result of a
temporary situation at the premises, facility or clinical area, Each party will be responsible for any liability or injury to
or it may be a permanent withdrawal from the Agency's third parties caused by the tortuous acts of that party's
premises. Students and School personnel shall promptly employees, students or agents, as the case may be, subject and without protest leave an area whenever they are to appropriations and applicable Colorado state and federal
requested to do so by an authorized Agency representative. laws, more particularly CRS 24-10-101, et seq. and CRS
Agency shall notify School of its request as soon as 24-30-1501, et seq.
practical. 3.5 III. JOINT RESPONSIBILITIES AND TERMS OF with the h parties Family Educat onal they
Rights Privacy Act(Buckley
AGREEMENT Amendment) in the handling of educational records of
3.1 This Agreement shall commence as of December 1, students enrolled in their programs. It is also understood
2003, and continue in full force and effect through and recognized that employees and agents of each party November 30, 2006. Either party may terminate this will need to have access to the educational records
Agreement during its term for cause and that party seeking maintained by the other party in properly administering their
to terminate the Agreement shall provide the other party duties and obligations under this Agreement and to the
written notice of alleged cause. The alleged breaching party individual students. It is also agreed that each party shall
shall have thirty (30)calendar days after receipt of notice to thoroughly orient their employees and agents of their
remove the cause or cure the breach. If the cause is obligations under the Family Educational Rights and Privacy
School of Nursing
Revised for Fiscal Year 2003-04 2
Act and shall maintain their practices in strict accordance
with the requirements of that Act. Neither party shall be 3.9 Both parties agree that any waiver by either party of
permitted to authorize any further disclosure of educational any term or provision in this Agreement at any one time
records of students of the other party to persons or entities shall not constitute a waiver of any other or all provisions.
not a party to this Agreement without first having received Any waiver of any part or provision of this Agreement at any
permission of the other party and having obtained one time shall not constitute a waiver for all times.
assurances that the other party has fully complied with the
provisions of the Family Educational Rights and Privacy Act. 3.10 Both parties agree that any written notice or
Any permitted disclosure to persons or entities not a party communication provided for, required, or permitted herein
to this contract shall be under the condition that no further shall be addressed to the following:
disclosure by such parties shall be permitted.
If to College:
3.6 Both parties agree to comply with any federal or state Director, School of Nursing
rules or regulations regarding exchange of patient College of Health and Human Sciences
identifiable information under the Health Insurance University of Northern Colorado
Portability and Accountability Act (HIPAA) of 1996 as that Campus Box 125, 501 20th Street
act may be amended from time to time. Greeley,CO 80639
Phone:970-351-2293/Fax:970-351-1707
3.7 Both parties agree that this Agreement shall be
construed in accordance with the law of the State of If to Agency:
Colorado. Weld County Department of Public Health and Environment
1555 N. 17 Avenue
3.8 Both parties understand and agree enforcement of the Greeley CO 80631
terms and conditions of this Agreement, and all rights of 970-304-6410
action relating to such enforcement, shall be strictly
reserved to the undersigned parties, and nothing contained 3.11 Both parties agree that this Agreement constitutes the
in this Agreement shall give or allow any claim or right of entire agreement between the parties and supersedes all
claim whatsoever by any other person not included in this prior written and oral agreements. Any changes,
Agreement. It is the express intention of the undersigned modifications, supplementations or amendments to this
parties that any entity, other than the undersigned parties, Agreement must be reduced to writing and signed by the
receiving services or benefits under this Agreement shall be parties which are signatory hereto.
deemed an incidental beneficiary only. .
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives as of
the day and date first hereinabove written
State/School Agency/Contractor
State of Colorado acting by and on behalf of the BOA D OF COUNTY COMMISSIONERS
Board of Trustees of the University of Northern Colorado WEL OUNT'',COLORADO
College 0 Health &Human Sciences
By: a��� 2 6
``-- B : �.
By: cw.uT (4 • ,l raf a, /641/4,3 David Lo Chair JJJJ�4
ncent A. Scalia, Dean Date a� v� �' asa
Gunter 1000,Campus Box 134 ATTEST: A 4-^' /C / Vii,
Greeley, CO 80639 CLERK TO THE BOARD 6,t(`N Qq t
School of Nursing
/7� Esther E.Giesick, De?l rk - - eat'
By: L�C.G - /a/�/ . 5
Margar Andrews, Director Date APP E S •
970-351-1689
By: / I f//e/ys
APPROVED A O Co Attorne ] Date
N. 17 Avenue
By: /0;23-a/ Greeley CO 80631
Ro Id J. Lambde eneral Counsel Date 970-304-6410
WELD COUNTY DEPARTMENT 0f
Pr ;C HEALii A 1 ENV M.
PA)BY:
Mark E. Wallace, MD, MPH-Direct
School of Nursing 3
Revised for Fiscal Year 2003-04
.Q0n- 3i43
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