HomeMy WebLinkAbout961975.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE BETWEEN
HEALTH DEPARTMENT AND MORGAN COMMUNITY COLLEGE AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning Clinical
Experience 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 Health Department, and
the Morgan Community College, commencing September 1, 1996, and ending December 31,
1999, 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 Health Department, and the 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 4th day of November, A.D., 1996, nunc pro tunc September 1,
1996.
BOARD OF COUNTY COMMISSIONERS
-�` WE COUNTY, COL/ORADDq/114 E • a444 Barbara J. Kirkmeyer, Chair
(1861 I o ty Clerk to the Board
¶O � / e E. axer, Pro e
S% pp nn puty Clerk the Board
- — Dale K. Hall
APPR ED AS TO F gjC-jpy7,e x_n-t �c«c
Constance L. Harbert
unty Attorne /1/1-1 IA 1 p idto
Webste �
961975
CC1 hiLj /ylv rya.ndmn21-/65//Cr HL0022
AGREEMENT CONCERNING CLINICAL EXPERIENCE
This Agreement is entered into this 22 day of October , 1996 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 (hereinafter referred to as "MCC"), and the Board of County
Commissioners of Weld County, on behalf of the WELD COUNTY HEALTH DEPARTMENT, Greeley, Colorado
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS,MCC offers an education program which includes learning experiences for its students in Health
Occupation programs, and
WHEREAS,County has certain facilities available for clinical experiences and desires to provide such facilities
for educational purposes to the students of MCC's Health Occupations programs,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. PURPOSE: The purpose of this Agreement is to provide educational experiences for selected MCC
students which take place at the County and in which the County will participate. Nothing in this
Agreement shall be construed to indicate that County must accept any student from MCC into its
clinical experience educational program.
2. TERM OF AGREEMENT. This Agreement shall be effective from 9-1 , 19 96 through
12-31 19 99,and,subject to annual review and written letter agreement to renew, shall be
renewable each year, until January 1, 2000, unless sooner terminated pursuant to the terms of this
Agreement as hereinafter set forth.
3. 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 student experiences for a period
of at least four years. Until the expiration of four years after the furnishing of services
pursuant to this Agreement,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 with respect tot he services furnished by the County 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. Selection of Assignments. MCC shall select, in consultation with the cooperating
professional staff of the County,learning experiences to which students will be assigned for
educational experiences at the County facilities. In the selection of said assignments,
appropriate consideration shall be given to MCC programs,policies,accreditation criteria
(both voluntary and regulatory),and the policies,and regulations of the County.
1
961975
d. Selection of Students. MCC shall select and present the students to be accepted by County
and assigned to such clinical experiences. Said students shall have completed all
prerequisite academic and clinical course work prior to selection for the clinical experience.
(Hereinafter, any reference to "Students" shall be to students accepted by County and
assigned to the program.)
e. Confidentiality of Patient/Client Records. MCC shall instruct all students assigned to the
County facility regarding both the legal and ethical standards for confidentiality of records
and patient/client data imparted through the clinical experience. MCC shall inform students
that students shall be responsible for following the rules and regulations of the County.
f. Evaluation of Learning Experience. MCC will provide to County a copy of course
objectives for the learning experience. County,together with MCC,will make arrangements
for evaluating the learning experience.
g. Immunization Requirements. MCC shall ensure that students comply with County's
immunization requirements and will provide education as described in the OSHA
Bloodborne Disease Standards.
h. Orientation to County. MCC faculty shall orient students to the County unless otherwise
agreed upon.
i. County Standards. MCC faculty and students shall adhere to the rules, regulations,
procedures, and standards of the County.
3. RESPONSIBILITIES OF COUNTY:
a. Patient Care. County has ultimate responsibility for the quality of care given to patients.
County staff in the areas to which students are assigned shall be responsible for orienting
faculty to County policies and protocols,particularly where special rules and regulations are
necessary.
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 library, lounges,
conference rooms,audio-visual equipment,or other teaching equipment consistent with the
regulations and policies set by County.
d. County Policies and Procedures. County shall provide to students the policies and
procedures and other relevant materials to allow students to function appropriately within
the County organization.
e. County Protocols. Students assigned to the County shall follow the County's protocols for
health and safety. Necessary emergency medical services will be provided within this
capacity.
f. Removal of Individuals From Certain Areas. County shall retain the right, in its sole
discretion,to request the removal of any individual from the premises,from the facility or
clinical area. The said removal may be a result of a temporary situation at the premises,
facility,or clinical area, or it may be a permanent withdrawal from the County's premises.
Students and educational institution personnel shall promptly and without protest leave an
area whenever they are requested to do so by an authorized County representative. County
shall notify MCC of its request as soon as practical.
2
961975
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
consultation with the 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 student assigned to the County's facilities. All documents in regard to a
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 a student's performance.
A written report shall be provided to the faculty or staff member of MCC who is in charge
of student supervision.
j. Verification of County Accreditation. County shall provide MCC with verification that they
are accredited by appropriate state/federal bodies.
4. 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. Family Educational Rights and Privacy Act. Both parties recognize that they are bound to
comply with the Family Educational Rights and Privacy Act(Buckley Amendment) in the
handling of education records of students involved in their programs. It is also understood
and recognized that employees and agents of each party will need to have access to the
educational records maintained by the other party in properly administering their duties and
obligations under this Agreement and to the individual students. Neither party shall be
permitted to authorize any further disclosure of educational records of the other party
concerning students to persons or entities not a party to this Agreement without first having
received permission of the other party and having obtained assurances that the other party
has fully complied with the provisions of the Family Educational Rights and Privacy Act.
Any permitted redisclosure to persons or entities not a party to this Agreement shall be under
the condition that no further disclosure by such parties shall be permitted.
d. Student Involvement in Any Reported Incident. County shall timely notify MCC when any
MCC employee or student has been involved in a reported incident and 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.
5. FINANCIAL PROVISIONS: The parties agree to the following financial provisions:
a. Compensation. MCC and County agree that no monies will be paid by either party to the
other under the terms and conditions of this Agreement and that the mutual benefits
contained herein accruing constitute sufficient consideration therefor.
3
961975
b. Parties'Relations. The parties to this Agreement intend that the relationship between them
contemplated by this Agreement is that of independent entities working in mutual
cooperation. 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.
6. INSURANCE:
a. Liability Insurance. MCC shall maintain liability insurance coverage or financial
responsibility acceptable to County as assurance of its accountability for any such losses,
claims, liabilities,or expenses on request.
County shall maintain liability insurance coverage or financial responsibility as assurance
of its accountability for any such losses,claims,liabilities, or expenses on request.
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$6 million per aggregate.
County is authorized to verify that such liability insurance coverage is in effect for any
student or faculty prior to participation in any County clinical program.
c. Health Insurance. Participating students shall carry health insurance coverage under MCC's
health insurance program or show proof of 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 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 to the other party information
regarding relevant insurance and/or financial responsibility pursuant to this Agreement. In
the event that the insurance coverage for that party is canceled in whole or in part or is no
longer available,either party may elect to immediately terminate this Agreement in whole
or in part. If this Agreement is so terminated,the terminating party must give notice to the
other party as hereinafter set forth,within three days.
7. LIMITATIONS-LIABILITIES-INDEMNIFICATION:
To the extent permitted by law,each party agrees to defend,hold harmless,and indemnify the other
party and its affiliates, directors, trustees, officers, and employees from and against all claims,
demands,suits,judgments,expenses,and costs of any and all kinds arising as a result of damages or
injuries arising out of, or incident to,the performance or failure of performance of this Agreement
by such indemnifying party or its agents of its duties,obligations,or rights hereunder.
4
961,f35
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 Health Department 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 Commissions,or Weld County,or both,against any and all claims,damages, liability,and
the like as above set forth.
The indemnities and assumptions of liabilities and obligations herein provided for shall continue in
full force and effect notwithstanding the expiration or termination of this Agreement.
8. DEFAULT-WAIVER-TERMINATION:
a. Default. Except in situations when termination is the appropriate action pursuant to
paragraph 8.c,each party shall promptly notify the other party of actions that have caused,
in the notifying party's opinion, a default or breach of any term or provision of this
Agreement. If such default or breach is not cured within 30 days after the delivery of such
notice, the notifying party may, at its election, declare this Agreement null and void and
proceed to seek any remedies to which it may be entitled under the law.
b. Waiver. Any waiver by either partyof any term or provision of this Agreement at any one
time shall not constitute a waiver of any other or all provisions. Any waiver of any part or
provision of this Agreement at any one time shall not constitute a waiver for all times.
c. Termination. Either party may terminate this Agreement for cause upon 10 days written
notice and for any reason so long as 90 days written notice of its intent to so terminate is
given to the other party.
9. GENERAL PROVISIONS
a. Notices. Any notice provided for in this Agreement shall be in writing and shall be served
by personal delivery or by certified mail, return receipt requested,postage prepaid at the
addresses set forth in this Agreement until such time as written notice of a change is received
from the party wishing to make a change of address. Any notice so mailed and any notice
served by personal delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification will be used in all instances, except for
emergency situations when immediate notification to the parties is required.
MORGAN COMMUNITY COLLEGE: Susan Smith, COntroller
17800 Road 20
Fort Morgan, CO 80701
COUNTY:
Weld County Health Department
1516 Hospital Road
Greeley,Colorado 80631
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.
5
9615375
c. Venue. It is agreed by both parties that any causes of action arising out of this Agreement
shall be venued in the courts of Weld County,Colorado,to the extent that those courts are
reposed with subject matter jurisdiction. Both parties agree to submit themselves to the
personal jurisdiction of those courts.
d. Choke 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.
e. 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.
f. State Approval Required. This Agreement shall not be deemed valid until it
shall have been approved by the State Board for Community Colleges and
Occupational Education.
g. Severability: If any term or condition of this Agreement shall be held to be invalid,illegal,
or unenforceable,this Agreement shall be construed and enforced without such a provision,
to the extent this Agreement is capable of execution within the original intent of the parties.
h. 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.
6
961975
IN WITNESS WHEREOF,the parties have hereunto set their hand and seals this`l"'day of /(4*i/ , 199 .
WELD COUNTY HEALTH DEPARTMENT MORGAN COMMUNITY COLLEGE
L
y// G
By: !sr Sii �� By. ') 'i
Jo . fickle,M.S.E.H. .John McKay,Presi nt
irector Ap vals:
S TE CONTROLLER
C IFFORD W. HALL `x „
c a%%/�/y.c
4 By � 'Uin+C„
. E ms' . BOA OF COUNTY COMMISSIONERS WELD
�� COUNTY ON BEHALF OF THE WELD
$1661 rz(Ol a.� COUNTY HEALTH DEPARTMENT,
L '�ta THE BOARD GREELEY,COLORADO
` ,f"._ t,QPz-2_, Bye /�4_/rt\, la-, . /Act t
Deputy Cler gh the Board ' Barbara J. Kirkmeyer, it �� �}{�/96
agree\clinical.db
7
961975
4, i'j mEmoRAnDum
Barbara Kirkmeyer, Chair
To Board of County Commissioners Date October 30, 1996
COLORADO
From John Pickle, Director, Health Depart n
Subject: Non-financial Agreement with Morg Community College for
Clinical Experience
Enclosed for Board approval is a non-financial agreement between Weld County Health
Department and Morgan Community College.
The agreement outlines each agency's responsibilities regarding Morgan Community College
students who will be receiving clinical experience at the Health Department.
The term of this agreement is from September 1, 1996 through December 31, 1999. I
recommend you approval of this agreement.
Enclosure
961975
Hello