HomeMy WebLinkAbout20032776.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE
CHAIR TO SIGN - MORGAN 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 Services, and State of
Colorado, Department of Higher Education by the State Board for Community Colleges and
Occupational Education,forthe use and benefit of Morgan 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 Services,and State of Colorado, Department of Higher Education
by the State Board for Community Colleges and Occupational Education, for the use and benefit
of Morgan 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 6th day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELETNTY, COLORA O
ATTEST: MCl. COI
/ D id E. Lon Ch9i
Weld County Clerk t the Board Rik
Ro ert D. en, Pro-Tem
e\ot e Board
361 ( '� . M. J. eile
O � William H. Jerke
rney
ati4 AL
Glenn Vaa
Date of signature: /12 y�j
2003-2776
AM0017
(42 ; m
AGREEMENT CONCERNING CLINICAL EXPERIENCE
This Agreement is entered into this 3"4day of NovandeR , 2063 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 MORGAN COMMUNITY COLLEGE an
educational institution, (hereinafter referred to as"MCC"),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,MCC 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
MCC'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, MCC 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 MCC students which take place through the County and in which the County will
participate, and for MCC to provide educational experiences at MCC for selected
employees of County. Nothing in this Agreement shall be construed to indicate that
County must accept any student from MCC into its clinical/emergency medical services
field experience educational program. (Hereinafter referred to as the "clinical
experience,"). Nothing in this Agreement shall be construed to indicate that MCC must
accept any County employee as a student in its Emergency Medical Services Program
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2003-2776
(hereinafter referred to as "the program").
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 MCC:
a. Educational Programs. MCC 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. MCC will keep all records and reports on MCC student experiences and
County employee experiences in MCC programs for a period of at least four years. Until
the expiration of four years after the furnishing of services pursuant to this Agreement,
MCC 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 MCC that are
necessary to certify the nature and extent and the costs incurred by County or MCC with
respect to the services furnished by the County or MCC hereunder. Further,if MCC carries
out any duties hereunder with a related organization, MCC 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. MCC shall instruct all MCC 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. MCC shall inform
MCC students that such students shall be responsible for following the rules and
regulations of the County.
d. Evaluation of Learning Experience. MCC will provide to County a copy of course
educational objectives for the clinical experience. County,together with MCC,will make
arrangements for evaluating the education from the clinical experience.
e. Immunization Requirements. MCC shall ensure that MCC students comply with County's
immunization requirements and will provide education as described in the OSHA
Bloodborne Disease Standards.
f. Orientation to County. MCC faculty shall orient MCC students to the County unless
otherwise agreed upon.
g. County Standards. During periods of clinical assignment at the County,MCC faculty and
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students shall remain subject to the authority,policies and regulations imposed by MCC,
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 MCC students are assigned shall be responsible for
orienting MCC faculty to County policies and protocols, particularly where special rules
and regulations are necessary. MCC Students may be permitted to perform services for
patients only when under the supervision of a designated County employee acting as a
supervisor for the students. MCC Students shall work and perform assignments at the
discretion of their supervisors designated by the County. MCC 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 environment conducive to sound educational and clinical experiences.
c. Use of County Facilities. County shall permit students, staff, and faculty of MCC
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 MCC students the policies and
procedures and other relevant materials to allow students to function appropriately within
the County organization.
e. County Protocols. MCC 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. MCC Students and MCC personnel shall promptly and without protest
leave an area whenever they are requested to do so by an authorized County representative.
County shall notify MCC 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. MCC shall provide a handbook delineating
preceptor/site supervisor responsibilities.
h. County Supervision. County shall provide for such supervision as is prearranged in
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consultation with MCC. County supervisors may provide evaluation statements
concerning performance. However, MCC staff shall have the final responsibility for
evaluating performance and assigning grades. County shall maintain no educational
records concerning any MCC student assigned to the County's facilities. All documents
in regard to an MCC student's performance shall be forwarded to MCC upon the student's
completion of the clinical experience.
Unsatisfactory Student Performance. County staff shall communicate with MCC
representatives concerning any problems that might arise due to an MCC student's
performance. A written report shall be provided to the faculty or staff member of MCC
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 MCC and County to promote understanding
of and adjustments to any operation or activity involved herein.
b. Non-discrimination. Neither County nor MCC will discriminate against any person
because of race, color, creed, religion, age, handicap, sex, ancestry, veteran status, or
national origin.
c. Selection of Assignments. MCC shall select, in consultation with the cooperating
professional staff of the County, learning experiences to which MCC students will be
assigned for educational experiences at the County facilities. County shall pre-approve,
in consultation with the cooperating professional staff of MCC, coursework in which
County employees may enroll for educational experiences at MCC, and for which MCC
will be able to offset credit under this Agreement. In the selection of said assignments,
appropriate consideration shall be given to MCC programs,policies,accreditation criteria
(both voluntary and regulatory), and the policies, and regulations of the County.
d. Selection of Students. MCC shall select and present the MCC 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.
County shall select and present the County employees to be accepted by MCC into an
agreed upon segment of MCC's Health Occupations Programs.
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
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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 MCC when any
MCC employee or student has been involved in a reported incident. MCC 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. MCC 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: County estimates that 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 MCC student, is $25.00. MCC agrees to compensate County for the cost of the
clinical experience for MCC students as follows:
Providing educational workshops, seminars,and the like, for emergency medical
technicians, or other employees, or both, employed by County. Such programs
will be pre-approved by County for content and as qualifying for offset under this
Agreement;
Permitting County employees to take certain coursework in MCC's Emergency
Medical Services Programs for no charge or a reduced fee to offset the expense
of the clinical experience for MCC students;
Payment in cash for the shifts in which MCC students participate;
A combination of any or all of the above provisions, including those marked,and
the following:
Of the contractual amount of payment to be made by MCC, 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 referenee, made a part hereof, and
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attached hcrcto as Attachment A,within sixty(60)calendar days of the end of the month for
which services were rendered.
Normally, for each thirty day period in which an MCC student participates in clinical
experiences with County, County shall present to MCC an invoice for the amount due and
owing, as above described. Credit will be given as agreed between the parties as above set
forth. Payment or other credit must be either received or arranged for by mutual agreement,
on or before 60 days after MCC 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
clinical or field experiences. Reimbursement during the initial, and any extension of the
term of this Agreement shall be conditioned upon affirmation by the State that all services
were rendered by County in accordance with the terms of this Agreement.
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. MCC 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 Morgan Community College
for any purpose and said staff may not hold themselves out as employees or agents of MCC
or otherwise make any representations or commitments on behalf of MCC. Neither party
shall be in any way required to provide any pecuniary benefits, salaries, wages, or fringe
benefits to students of MCC 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.
County maintains self insurance coverage for any covered losses, claims, liabilities, or
expenses.
b. Professional Liability Insurance. MCC 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 $4 million per aggregate.
County is authorized to verify that such liability insurance coverage is in effect for any
MCC student or faculty prior to participation in any County clinical program.
c. Health Insurance. MCC students participating in County clinical programs shall carry
health insurance coverage under MCC's health insurance program or show proof of
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enrollment in a comparable accident and sickness health insurance plan. MCC 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 MCC
provided insurance.
County employees attending classes at MCC shall be responsible for obtaining and
maintaining their own personal health insurance coverage.
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 MCC shall conform to the state health regulations.
d. Workers'Compensation.MCC 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 either 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
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, each party agrees to defend, hold harmless and
indemnify the other party, its affiliates, directors, trustees, officers, and employees from
and against any and all claims arising as a result of damages or injuries arising out of, or
incident to,the 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 MCC or a student of MCC shall subject
County to potential or actual liability, or in the event that negligence or malpractice of
County shall subject MCC or a student of MCC 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. MCC
acknowledges that the Weld County Paramedic Service is a department of Weld County
and, thus, to the extent authorized by law, MCC agrees to indemnify, save, and hold
harmless the Weld County Board of Commissioners,or Weld County,or both,against any
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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.
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 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. 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.
MCC: Susan Clough
Morgan Community College
17800 Road 20
Fort Morgan, CO 80701
FAX:
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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, including, but not limited to, 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,
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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.
i. Budget Constraints. Nothing in this Agreement shall be construed to require the Weld
County Paramedic Service or the Board of County Commissioners for Weld County to
provide funding for any purpose under this Agreement that has not previously been
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.
WELD COUNTY PARAMEDIC SERVICE MORGAN COMMUNITY COLLEGE
By: • By: L&Jsident/
STATE OF COLORADO
Department of Higher Education,
By the State Bog{d or Community
Colleges and c ,tional Education
By: [N�.
V.P./Dean of Academic Services
Approvals:
STATE CONTROLLER
ARTHUR BARNHART
By: ALN.OGlP/N-CS COI I
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BOARD OF COUNTY COMMISSIONERS f \' E'<c,
OF WELD COUNTY ON BEHALF OF 4/14
THE WELD COUNTY PARAMEDIC SERV I���:' � �.
GREELEY, COLORADO
r. i BOARD
By:
David E. Long, Chair T 0 6 2003 By: a. iC' r��
Deputy Clerk to t e Board
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