HomeMy WebLinkAbout20011235.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR STUDENT CLINICAL ROTATION AND AUTHORIZE
CHAIR TO SIGN -THE CHILDREN'S HOSPITAL ASSOCIATION
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 Student Clinical
Rotation 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 Ambulance Service, and The
Children's Hospital Association, a Colorado non-profit corporation, 1056 East 19th Avenue,
Denver, Colorado 80218, commencing April 16, 2001, and ending April 15, 2002, 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 Student Clinical Rotation 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 Ambulance Service, and The Children's Hospital
Association, a Colorado non-profit corporation, 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 9th day of May, A.D., 2001, nunc pro tunc April 16, 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ge4, /t' \ 1E L4� EXCUSED
,� �� M. J. Geile,/C�air
Weld County Clerk tot
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BY: ir. Glenn Vaad, ro-
Deputy Clerk to the Bo % �' / //./^-a—<
Wi a H. Jerke
AP D M:
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Robert D. Masden
tee, ; Aim 2001-1235
AM0015
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AGREEMENT FOR STUDENT CLINICAL ROTATION
This Agreement is entered into and effective this 16 day of April,2001 by and between Weld County
Ambulance, whose principal address is 1121 M St, Greeley, Co 80631 (hereinafter referred to as
"INSTITUTION") and The Children's Hospital Association, a Colorado non-profit corporation
whose principal address is 1056 East 19th Avenue, Denver, Colorado 80218 (hereinafter referred to as
"HOSPITAL").
WHEREAS, INSTITUTION provides education to EMT and Paramedic students pursuing training
and desires to afford its students an opportunity to enhance their pediatric clinical skills and
knowledge, and
WHEREAS, HOSPITAL desires to aid community educational entities in furthering the training of
health care professionals and does so in part by providing opportunities for EMT and Paramedic
students to enhance their clinical skills and knowledge regarding pediatric emergency care, and
WHEREAS, the parties wish to enter into an Agreement governing the provision by HOSPITAL of
opportunities for INSTITUTION's students to observe, practice; and gain experience in the delivery
of pediatric emergency care,
NOW, THEREFORE, in consideration of the mutual agreements set out below, the parties agree as
follows:
1.01
INTRODUCTION
HOSPITAL is responsible in general terms for providing and scheduling shifts for students in the
Emergency Department of The Children's Hospital under the supervision and direction of preceptors
who shall be Registered Nurses, technicians, physicians, and other Emergency Department and
hospital staff.
INSTITUTION is responsible in general terms for working with HOSPITAL representatives to help
schedule students who are qualified and eligible for such teaching experience and shifts and for
compensating HOSPITAL for its services. INSTITUTION is also responsible for meeting or helping
its students meet the requirements set forth in this Agreement by HOSPITAL for participating
organizations or students.
This cooperative program between HOSPITAL and INSTITUTION shall be referred to as the
"Clinical Rotation Program of The Children's Hospital Emergency Department" or "Clinical
Training" or "CRP" program.
1.02
TERM PERIOD 2001-1235
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This Agreement will remain in effect for a period of 12 months, commencing on the date first written
above, unless earlier terminated by either party pursuant to the terms of this Agreement. This
Agreement may be extended for additional twelve month terms upon written agreement of both
parties executed as a signed and dated addendum to this Agreement.
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1.03
DUTIES AND RESPONSIBILITIES OF HOSPITAL
HOSPITAL is responsible for the timely, accurate, and/or competent execution of the following
activities. HOSPITAL, its CRP preceptor employees, and other ED staff shall:
1. Designate a member of its ED staff to serve as coordinator of the CRP program and to serve as the
primary point of contact and problem resolution for the INSTITUTION.
2. Provide to each student every practical opportunity for observing and participating in pediatric
patient care during the time of that student's assigned shift(s).
3. Supervise all aspects of students' patient care activities and all aspects of students' experience and
time at HOSPITAL.
4. If requested, provide to INSTITUTION a report of the performance of each student during their
CRP shift or shifts. Such report to be in a manner and form to be mutually agreed between the
organizations' designated coordinators.
5. Provide, in advance of the first CRP shift one copy to INSTITUTION of all hospital and ED
policies and procedures relevant to general patient care personnel conduct and qualifications, but
excluding specific patient care protocols or procedures.
6. Report immediately to INSTITUTION any behavior, performance, or other conduct that does not
meet HOSPITAL's generally accepted standards or that may endanger or is perceived to potentially
endanger the safety or well-being of any patient, family member, HOSPITAL employee,visitor, or
any other person.
7. Invoice INSTITUTION at least twice per year for the number of CRP shifts provided to students
of INSTITUTION.
8. Perform such other duties as may be indicated in the following sections of this Agreement.
1.09
DUTIES AND RESPONSIBILITIES OF INSTITUTION
INSTITUTION is responsible for the timely, accurate, and/or competent execution of the following
activities. INSTITUTION and its staff shall:
1. Be responsible for complying with all insurance requirements of HOSPITAL as set forth herein.
2. Consult with HOSPITAL regarding the qualifications, educational progress/status, skill
development, and professional behavior requirements for students, individually or collectively,
participating in the CRP experience.
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3. Share the contents of HOSPITAL policy and procedure documents provided to INSTITUTION
with all CRP students and insure the students' understanding of and willingness to comply with
those standards.
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4. Provide each CRP student with a name identification badge to be worn at all times while on
HOSPITAL property identifying the student by first name, last initial, name of training
organization, and the word "Student". HOSPITAL supplied blank badges may be used if prepared
as described above.
5. Designate a member of its staff to serve as coordinator of the CRP program and to serve as the
primary point of contact and problem resolution for the HOSPITAL.
6. Pay invoices of HOSPITAL in a timely fashion, but in any case no later than 60 days from date of
receipt.
7. Perform such other duties as may be indicated in the following sections of this Agreement.
1.08
PAYMENT TERMS
For each CRP shift, INSTITUTION shall compensate HOSPITAL the sum of$25.00. A shift shall
consist of one paramedic student under the supervision of a preceptor for a period of not less than four
hours and not more than eight hours.
1.09
INDEMNIFICATION
To the extent permitted by Law, the parties shall indemnify and hold each other harmless from and
against any and all claims, demands, costs, expenses, liabilities and losses (including reasonable
attorneys' fees) (the "claims") which may result against a party, as a consequence of the other party's
performance of its obligations under this Agreement, or as a result of the negligent acts or omissions or
willful misconduct of either party or it officers, employees or agents, including any breach of
confidentiality. Not withstanding any provision herein the parties specifically do not waive any legal
immunities to which they are entitled.
1.10
INSURANCE
INSTITUTION agrees to procure and maintain such policies of malpractice, general liability,worker's
compensation, health/medical, and other insurance as shall be necessary to insure against any claim or
claims for damages arising in connection with the patient care and other general activities of its
students under this Agreement. Certificates evidencing said insurance policies shall be provided to
HOSPITAL prior to the first CRP shift. HOSPITAL must be provided with notice of any potential
cancellation of such insurance not less than thirty (30) days in advance.
Evidence of a student's own personal coverage for any of the above named insurances may be
substituted for insurances maintained by INSTITUTION at the discretion of HOSPITAL.
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1.11
ILLNESS/ACCIDENT
In the event that a student of INSTITUTION becomes ill or injured during the course of or as a result
of their CRP training, INSTITUTION agrees that HOSPITAL shall have no other responsibility
other than the immediate and initial stabilization and emergency care of the student and responsibility
for safe transport of
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the student, if necessary, to the nearest appropriate adult medical care facility. INS IT1 UTION further
agrees that HOSPITAL shall have no financial responsibility or liability for the subsequent, ongoing,
chronic, or rehabilitative care of any such ill or injured student.
1.12
TERMINATION WITHOUT CAUSE
Either party may terminate this Agreement without cause upon thirty (30) days written notice
delivered via US Mail sent certified return receipt.
1.13
TERMINATION FOR BREACH
In the event of breach of any provision of this Agreement, the non-breaching party shall notify the
breaching party in writing, of the specific nature of the breach and shall request that it be cured. If the
breaching party does not cure the breach within thirty (30) days of such notice, the non-breaching
party may immediately terminate this Agreement on written notice to the breaching party, and such
termination shall not precluded the non-breaching party from pursuing any and all remedies available
to it at law or at equity. If the breaching party has made substantial efforts to cure the breach, but the
breach is not cured in 30 days, the breaching parry may be granted additional reasonable time in which
to cure the breach.
1.14
GOVERNING LAW,JURISDICTION AND VENUE
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Colorado. Jurisdiction and Venue for any disputes under this Agreement shall rest exclusively in
the courts within the State of Colorado.
1.15
MODIFICATION AND WAIVER
No modification of this Agreement shall be deemed effective unless in writing and signed by each of
the parties hereto. Any waiver of a breach of any provision(s) of this Agreement shall not be deemed
effective unless in writing and signed by the party against whom enforcement of the waiver is sought.
1.16
ASSIGNMENTS
This Agreement shall not be construed as permitting assignment of any right or obligation hereunder,
and such assignment by either party is prohibited without the express written consent of the other
Pte.
1.17
SEVERABILITY
If any part of this Agreement shall be determined to be invalid, illegal, or unenforceable by any valid
Act of Congress or act of any legislature or by any regulation duly promulgated by the United States
or a state acting
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in accordance with the law, or declared null and void by any court of competent jurisdiction,then
such part shall be reformed, if possible, to conform to the law and, in any event, the remaining parts of
this Agreement shall be fully effective and operative insofar as reasonably possible.
1.18
NOTICES
Any notice required to be given pursuant to the terms and provisions hereof shall be in writing,
postage and delivery charges pre-paid, and shall be sent by hand delivery, overnight mail service, or
first class certified mail, return receipt requested, to HOSPITAL or INSTITUTION at the addresses
set forth below. Any party may change the address to which notices are to be sent by notice given in
accordance with the provisions of this section. Notices hereunder shall be deemed to have been given,
and shall be effective upon receipt by the other party.
Emergency Department Prehospital Liaison Name, Title
The Children's Hospital Weld County Ambulance
1056 E. 19th Avenue B251 1121 M St
Denver, Colorado 80218 Greeley, CO 80631
1.19
INDEPENDENT CONTRACTOR
a) The relationship of HOSPITAL and INSTITUTION shall be and is that of independent
contractor. It is not intended that any employer-employee,joint venture or partnership be
established hereby, expressly or by implication, nor shall any employee, agent or contractor of
either party be deemed to be the employee or agent of the other. Neither party nor any of its
employees or agents shall have the right to bind the other, to transact any business in the others
name or on behalf of the other, or to make any promises or representations on behalf of the other,
except as is reasonable necessary for the parties to perform services in accordance with this
Agreement.
b) All students, employees, or agents of INSTITUTION providing or performing services on site at
HOSPITAL shall be required to be familiar with and comply with Hospital procedures as
contained in Hospital Orientation Handbook,Non-Employees.
1.03
CONTRACTOR RECORDS
42 U.S.C. Section 1395x(v)(1) and the regulations thereto are incorporated herein by this reference. As
and to the extent required by law, upon the written request of the Secretary of Health and Human
Services,the Comptroller General or any of their duly authorized representatives, INSTITUTION or
HOSPITAL shall make available those contracts, books, documents and records necessary to verify the
nature and extent of the costs of providing services under this Agreement. Such inspection shall be
available for up to four (4) years after the rendering of such services. If HOSPITAL or
INSTITUTION carries out any of the duties of this Agreement through a subcontract with a value of
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Ten Thousand Dollars ($10,000) or more over a twelve (12) month period with a related individual or
organization,that party agrees to include this requirement in any
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such subcontract. This section of the Agreement is included pursuant to and is governed by the
requirements of 42 U.S.C. Section 1395x(v)(1) and the regulations thereto. No attorney-client,
accountant-client, or other legal privilege will be deemed to have been waived by HOSPITAL,
INSTITUTION, or any of INSTITUTION's representatives by virtue of this Agreement.
1.04
CORPORATE COMPLIANCE
Hospital maintains a voluntary corporate compliance program to detect and prevent illegal and
unethical activities. INSTITUTION confirms that it has been informed of Hospitals corporate
compliance process for reporting suspected fraud; abuse or other illegal or unethical activities, and will
assure that all students, employees,or agents of INSTITUTION who may perform any of the services
or obligations under this Agreement are informed of the same and instructed to report accordingly.
INSTITUTION acknowledges it has been provided a copy of Hospital's Code of Business Conduct
document entitled "ABCs of Appropriate Business Conduct".
1.05
TAX EXEMPTION
INSTITUTION recognizes that Hospital is a nonprofit organization, exempt from federal and state
income tax, and certain state and local sales and use taxes. Hospital agrees to provide appropriate
documentation of these exemptions to INSTITUTION upon request.
1.06
COMPLIANCE WITH LAWS AND REGULATIONS
INSTITUTION and HOSPITAL represent and warrant that throughout the term of this Agreement
and any extension hereof all services covered by this Agreement shall be and shall remain in
compliance with all applicable federal, state and local laws and regulations, and Joint Commission on
Accreditation of Healthcare Organizations (fCAHO) standards.
1.07
CONFIDENTIALITY
Performance of health care services includes HOSPITAL's duty to safeguard certain information
(including, but not limited to, patient information) from inappropriate disclosure. Therefore, access to
such information shall be limited to those students, employees, or agents of INSTITUTION who
reasonably must have such information to perform their duties under this Agreement.
INSTITUTION agrees that each student, in advance of their first CRP shift, shall be informed of
HOSPITAL's confidentiality policies and requirements and that any disclosure of information related
to patients, medical care, family circumstances, or other information learned in the course of the CRP
experience is prohibited.
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1.08
RENEWAL
This Agreement shall not be construed as permitting automatic renewal.
1.09
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER
INSTITUTION shall not discriminate because of race, color, religion, sex, age, national origin, marital
status, disability or status as a Vietnam veteran, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization,promotion,termination or other employment-related
activities concerning INSTITUTION's employees or students. In addition, INSTITUTION affirms
that it is an equal opportunity and affirmative action employer, and that it shall comply with all
applicable federal, state, and local laws and regulation including, but not limited to, executive order
11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as
amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964;
Equal Pay Act of 1963; Age Discrimination in Employment Act of 1976; Immigration Reform and
Control Act of 1986; Public Law 95-507; the Americans With Disabilities Act; and any additions or
amendments thereto. The Equal Opportunity Clauses set forth in 41 CFR § 60-1.4 and 41 CFR§ 60-
741.5 are hereby incorporated by reference into this Agreement.
1.10
FORCE MAJEURE
The term "Force Majeure" shall be defined as fire or other casualty or accident; act of God; severe
weather conditions; strikes or labor disputes; war or other violence; law, order, proclamation,
regulation, ordinance, demand or requirement of any governmental agency; or any other act or
condition whatsoever beyond the reasonable control of the parties hereto. If the performance of this
Agreement by either party or any obligation hereunder is prevented, restricted, or interfered with by
reason of a Force Majeure event,the party whose performance is so affected, upon giving prompt
notice to the other party, shall be excused from such performance to the extent of such Force Majeure
event, provided however, that the party so affected shall take all reasonable steps to avoid or remove
such causes of nonperformance and shall continue performance hereunder with dispatch whenever
such causes are removed.
1.11
HEADINGS
The descriptive headings of the sections of this Agreement are inserted for convenience only and shall
not control or affect the meaning or construction of any provision hereof.
1.12
ENTIRE AGREEMENT
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This Agreement, including all Exhibits, Attachments, and Supplements, constitutes the entire
understanding and Agreement between the parties concerning the subject matter hereof, and supersedes
all prior negotiations, Agreements and understandings between the parties,whether oral or in writing,
concerning the subject matter hereof.
Both parties certify that the signatures below are those of individuals authorized to enter into contracts
on behalf of their respective organizations.
INSTITUTION: Weld County Ambulance HOSPITAL: The Children's Hospital
by and through the Weld County Board Association, a nonprofit corporation
of Commissioners
By: � CV�I BY: ry 1A/6 ayi (A--
Title: Glenn Vaad, Chair Protem Tide: //. 174,,,,,,,A44;,_, / fczcT
Date: May 9, 2001 Date: 7 2(7O/
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