HomeMy WebLinkAbout20030855.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE
CHAIR TO SIGN - ST. ANTHONY HOSPITAL, CIO ST. ANTHONY PARAMEDIC
ACADEMY
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
St. Anthony Hospital, c/o St. Anthony Paramedic Academy, commencing upon execution, for a
term of one year being automatically renewable on an annual basis unless sooner terminated,
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 St. Anthony Hospital, do St.
Anthony Paramedic Academy, 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 2nd day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELUNTY COLORA O
ATTEST: IL, � ;. I La C
�J i L ng h 'r
Weld County Clerk to th o ti'
i
BY .,
Robert asden, Pro-Tem
/
Deputy Clerk to the Board
. J. Geile
APPROV TO FO •
Willia H. Jerke
nt Atto ne
y y Glenn' "at
�
ate of signature: /9
2003-0855
AM0017
MAR-18-2003 TUE 10:38 AM WELD CO GOVT FAX NO. 9703520242 F. 02
AGREEMENT CONCERNING CLINICAL(�E):PERIENCE
This Agreement is entered into this S. day of , 2003,by and between ST.
ANTHONY HOSPITAL, a member of Centura Health, Institute of Er.iergency Medical Training,
an educational institution, (hereinafter referred to as"El"),and the Boar 1 of County Commissioners
of Weld County,on behalf of the WELD COUNTY PARAMEDIC SEI:.VICES, Greeley,Colorado
(hereinafter referred to as "County"),
WITNESSETH:
WHEREAS, El offers an education program which includes earning experiences for its
students in Paramedic Training programs, and
WHEREAS,County has certain facilities available for clinical/smergency medical services
field experiences and desires to provide such facilities for educational purposes to the students of'
El's'Paramedic Training programs, and
WHEREAS, El and County desire to reduce their agreements i o writing.
NOW,THEREFORE,in consideration of the foregoing promise;;,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 ;ducational experiences for
selected EI students which take place through the County ai.d in which the County will
participate,and for EI to provide educational experiences at 13I for selected employees of'
County. Nothing in this Agreement shall be construed to indicate that County must accept
any student from EI into its elinicalemergency medical services field experience
educational program. (Hereinafter referred to as the "clinicz 1 experience,"). Nothing in
this Agreement shall be construed to indicate that EI must acc ept any County employee as
a student in its Paramedic Training Program (hereinafter refs red to as "the program"),
3. TERM OF AGREEMENT. This Agreement shall be effectiv; for a term of one year upon
signature of both parties and shall be automatically renewabl e on an annual basis,unless
sooner terminated pursuant to the terms of this Agreement a:.hereinafter set forth,
4. OBLIGATIONS OF El:
a. Educational Programs. El will assume full responsibility for c:ffering a paramedic training
program approved by the State of Colorado Emergency Medi+ al Services Division and for
determining standards of education, hours of instruct on, learning experiences,
administration, matriculation, promotion, and graduation.
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b. Student Records. El will keep all records and reports on I I student experiences and
County employee experiences in El programs for a period of e I:least four years. Until the
expiration of four years after the furnishing of services pursuant to this Agreement,El shall
make available,upon request,to any duly authorized represen atives,this Agreement,any
books,documents and records of EI that are necessary to certi:y the nature and extent and
the costs incurred by County or El with respect to the services furnished by the County or
EI hereunder.
o. Confidentiality of Patient/Client Records. EI shall instruct all El students assigned to the
County facility regarding both the legal and ethical standards f:(r confidentiality of records
and patient/client data imparted through the clinical exper.ence. EI shall inform EI
students that such students shall be responsible for following the rules and regulations of
the County.
d. Evaluation of Learning Experience. El will provide to County copy of course educational
objectives for the clinical experience. County,together with I,will make arrangements
for evaluating the education from the clinical experience.
e. Immunization Requirements. El shall ensure that EI students comply with County's
immunization requirements and will provide education a; described in the OSHA
Bloodbome Disease Standards.
f. Orientation to County. El faculty shall orient El students to t to County unless otherwise
agreed upon.
g. County Standards. During period of clinical assignment at the County, EI faculty and
students shall remain subject to the authority,policies and reg.lotions imposed by EI,and
shall also adhere to the rules, regulations,procedures, and st:ndards of the County.
5. RESPONSIBILITIES OF COUNTY:
a. Patient Care, County has ultimate responsibility for the qual ty of care given to patients.
County staff in the areas to which El students are assign(d shall be responsible for
orienting El faculty to County policies and protocols,particul:irly where special rules and
regulations are necessary. EI Students shall be permitted to r erform services for patients
only when under the supervision of a designated County employee acting as a supervisor
for the students. EI Students shall work and perform assignm;nts at the discretion of their
supervisors designated by the County. El Students are trainee≤.,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 cl nical experiences.
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c. Use of County Facilities. County shall permit students, staff, and faculty of ET involved
in the clinical experience at County to utilize facilities such as the lounge, conference
rooms,audio-visual equipment,or other teaching equipment co:isistent with the regulations
and policies set by County.
d. County Policies and Procedures. County shall provide to E students the policies and
procedures and other relevant materials to allow students to fu tction appropriately within
the County organization.
e. County Protocols. El students assigned to the County shall fo low the County's protocols
for health and safety. Emergency medical services will be pr+vided 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 p emises,from the facility or
clinical field area. The said removal any be a result of a temporary situation at the
premises, facility, or clinical field area, or it may be a perm ment withdrawal from the
County's premises. EI Students and El personnel shall prompt ly and without protest leave
an area whenever they are requested to do so by an authori:ed County representative.
County shall notify El of its request as soon as practical.
g. County Supervision. County shall provide for such super ision as is prearranged in
consultation with the EI. County supervisors may provide evaluation statements
concerning performance. However, EI staff shall have t le final responsibility for
evaluating performance and assigning grades. County sha i maintain no educational
records concerning any EI student assigned to the County's f tcilities. All documents in
regard to an El student's performance shall be forwarded to El upon the student's
completion of the clinical experience.
h. Unsatisfactory Student Performance. County staff shall communicate with El
representatives concerning any problems that might aris:: due to an EI student's
performance. A written report shall be provided to the faculty or staff member of EI who
is in charge of student supervision.
6. JOINT RESPONSIBILITIES OF THE PARTIES:
a. Periodic Meetings. During the term of this Agreement, arrar gements shall be made for
periodic meetings between representatives of El and County t 1 promote understanding of
and adjustments to any operation or activity involved herein.
b. Non-discrimination. Neither County nor El will discriminate against any person because
of race, color, creed, religion, age, handicap, sex, ancestry, veteran status, or national
origin.
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c. Selection of Assignments. ET shall select,in consultation with tle cooperating professional
staff of the County, learning experiences to which EI students will be assigned for
educational experiences at the County facilities. County shall' re-approve,in consultation
with the cooperating professional staff of EI,coursework in wt ich County employees may
enroll for educational experiences at EI,and for which EI will 1 e able to offset credit under
this Agreement. In the selection of said assignments, approp date consideration shall be
given to El programs,policies, accreditation criteria(both voluntary and regulatory), and
the policies, and regulations of the County.
d. Selection of Students. El shall select and present the El snider is 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 :tccepted by El into an.
agreed upon segment of EI's Paramedic Training Programs.
e. Family Educational Rights and Privacy Act. It is under.tood and recognized that
employees and agents of each party will need to have acres: to the educational records
maintained by the other party in properly administering their c uties and obligations under
this Agreement and to the individual students. Neither party sh Al be permitted to authorize
any further disclosure of educational records of the other p;.rty concerning students to
persons or entities not a party to this Agreement without first laving received permission
of the other party and having obtained assurances that the otter party has fully complied
with the provisions of the Family Educational Rights and P'ivacy 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.
1' Student Involvement in Anv Reported Incident. County shal timely notify El when any
EI employee or student has been involved in a reported ii icident. EI shall have the
opportunity to participate in any ongoing investigation and sit ll have access to any oral or
written reports or any other documentation related to the •eported incident. El shall
cooperate in any investigation of a potential liability-inducing; incident.
g. Verification of County Accreditation. Each party shall pr:wide the other party with
verification that they are accredited by appropriate state/fedei al 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 ET student, is $25.00. EI agrees to compensate Count ; for the cost of the clinical
experience for EI students as follows:
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Providing educational workshops, seminars, and the like,for emergency medical
technicians, or other employees, or both, employed t y County. Such programs
will be pre-approved by County for content and as quE!Hying for offset under this
Agreement;
Permitting County employees to take certain course'work in El's Paramedic
Training Program for no charge or a reduced fee to c:ffset the expense of the
clinical experience for EI students;
Payment in cash for the shifts in which EI students]iarticipate;
A combination of any or all of the above provisions,ii'eluding those marked,and
the following:
For each thirty day period in which an El student participates iii.clinical experiences with
County, County shall present to EI an invoice for the amount due and t ming. Credit will be
given as agreed between the parties as above set forth. Payment or oti er credit must be
either received or arranged for by mutual agreement,on or before 60 da's after EI is presented with
an invoice.
The parties acknowledge and agree that any charges for mentored fie13 experiences or any other
clinical experiences are not for profit,but are to cover the costs incurred in providing the clinical or
field experiences.
8. PARTIES' REL,AILONSHip. The parties to this Agreement ntend that the relationship
between them contemplated by this Agreement is that of inde tendent entities working in
mutual cooperation. EI faculty, staff, and students are no: to be considered County
employees for any purpose and said persons may not hold then selves 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] I for any purpose and said
staff may not hold themselves out as employees or agents of El or otherwise make any
representations or commitments on behalf of El. Neither party ;hall be in any way required
to provide any pecuniary benefits, salaries, wages, or fringe b nefits to students of EI or
to employees of the other party.
9. INSURANCE:
a. Liability Insurance. Each party shall maintain liability insur ince coverage or financial
responsibility acceptable to the other party as assurance of its accountability for any such
losses, claims, liabilities, or expenses on request.
b. Professional Liability Insurance. EI shall inform its students and faculty assigned to
County of the need for students and faculty to provide evider ce of professional liability
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insurance coverage of not less than $1 million per incident an:I $6 million per aggregate.
County is authorized to verify that such liability insurance co' erage is in effect for any EI
student or faculty prior to participation in any County clinical program.
c. Health Insurance. ET students participating in County clinical programs shall carry health
insurance coverage under EI's health insurance program or sh tiw proof of enrollment in a
comparable accident and sickness health insurance plan. II students and employees
participating in any way in experiences provided by Cowry 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 oil er EI provided insurance.
County employees attending classes at EI shall be responsible for obtaining and
maintaining their own personal health insurance coverage.
Participating students and employees of ET shall conform to t i.e state health regulations.
d. Workers' Compensation. EI shall maintain Workers' Compensation Insurance coverage,
to the extent such coverage is required, for all students enn lied in on-the-job training
programs.
e- Information Regarding insurance. Fah party than.provide in brmati.on to the other party
regarding relevant insurance and/or financial responsibility p.ersuant to this Agreement.
In the event that the insurance coverage for EI is canceled iii whole or in part or is no
longer available,either party may elect to immediately termina to this Agreement in whole
or in part. If this Agreement is so terminated,the terminating p arty must give notice to the
other party as hereinafter set forth, three days prior to termina ion.
10. LIMITATIONS - LIABILITIES - INDEMNIFICATION:
To the extent not covered by the insurance referred to in Para, raph 9 of this Agreement,
and to the extent permitted by law, ET hereby agrees to indem iffy and hold harmless the
County,its affiliates,directors,trustees,officers,and employee s from any claims,liability
or damages resulting from the negligent acts or omissions of a Student or faculty member
that is participating in the Program. This obligation to hold harmless shall, in addition to
any other obligations commonly associated with it, obligati EI to pay all reasonable
attorney fees, costs, expenses, and damages incurred as a rn.suit of such liability. EI
acknowledges that the Weld County Paramedic Service is a d apartment of Weld County
and,thus,to the extent authorized by law,El agrees to indemni `y,save, and hold harmless
the Weld County Board of Commissioners, or Weld County, er both, against any and all
claims, damages, liability, and the like as above set forth.
The indemnities and assumptions of liabilities and obligation herein provided for shall
continue in full force and effect notwithstanding the expirat+on or termination of this
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Agreement.
11 DEFAULT - WAIVER- TERMINATION:
a. Default. Except in situations when termination is the apprJpriate action pursuant to
paragraph 9e.,each party shall promptly notify the other party factions 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 da is after the delivery of such
notice, the notifying party may, at its election, declare this Al;reement null and void and
proceed to seek any remedies to which it may be entitled mid 'r the law.
b. Waiver. Any waiver by either party of any term or provision o"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 constitt re a waiver for all times.
c. Termination. Except as provided in Paragraph 9e. herein, eitI er party may terminate this
Agreement for any reason so long as 90 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 ma 1, return receipt requested,
postage prepaid at the addresses or facsimile numbers set fox th in this Agreement, until
such time as written notice of a change is received from the par y wishing to make a change
of address or facsimile number. Any notice so mailed,any not ce 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.
EI: St. Anthony Paramedic Academ}
4231 West 16th Avenue
Denver, CO 80204
COUNTY: Dave Bressler, Director
Weld County Ambulance Servic,
1121 M Street
Greeley, Colorado 80631
b. Modification. This Agreement constitutes the entire agreemnnt between the parties and
supersedes all prior written and oral agreements. An/ changes, modifications,
supplementations,or amendments to this Agreement must her-duced to writing and signed
by the parties which are signatory hereto.
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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 ar.sing 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 io 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 enforcers ant of this contract. Any
provision of this contract whether or not incorporated herein :y reference which
provides for arbitration by any extra judicial body or person i II- which is otherwise in
conflict with said Laws, rules and regulations shall be conside ed null and void. Nothing
contained in any provision incorporated herein by reference w'aich 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.
Severability: If any term or condition of this Agreement shall t e held to be invalid,illegal,
or unenforceable,this Agreement shall be construed and enforet d without such a provision,
to the extent this Agreement is capable of execution within the c riginal intent of the parties.
g. Budget Constraints, Nothing in this Agreement shall be consn ued to require the Board of
County Commissioners for Weld County to provide funding not already budgeted for the
applicable fiscal year.
h. No Third Party Beneficiarvnforcemenl. It is expressly u uderstood and agreed that
enforcement of the terms and conditions of this Agreement,arc all rights of action relating
to such enforcement, shall be strictly reserved to the unders gned parties, and nothing
contained in this Agreement shall give or allow any claim or ri ght of claim whatsoever by
any other person not included in this Agreement. It is tht express intention of the
undersigned parties that any entity, other than the undersign& parties,receiving services
or benefits under this Agreement shall be deemed an incident,it beneficiary only.
A regiment may be Executed in Counterparts. This Agree nent may be executed in
counterparts, eaach of which shall he deemed to be an origin al, and all of which, when
taken together and executed, shall constitute one and the saint instrument.
IN WITNESS WHEREOF,the parties have hereunto set their hand and$gals the date above written.
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Approved:
WELD COUNTY PARAMEDIC SERVICE ST. ANTHONY F ARAMEDIC ACADEMY
C.
By, BY: d(-2 at, ,eK. ,_,,. ',cJca)T-tom'
ressler, Director f
ATTEST: fintede . Ir ,/t1 \ BOARD OF CO JNTY COMMISSIONERS
ti . OF WELD COUI;'TY ON BEHALF OF THE
V /� WELD COUNTY PARAMEDIC SERVICE,
CLERK TO THE B *n 4 4
O k 8
Deputy Clerk to the Bow e y Chair, David E. Long 4/ 2/2003)
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