HomeMy WebLinkAbout990372.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE
CHAIR TO SIGN - COLORADO MOUNTAIN 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 Ambulance Service, and
Colorado Mountain College, with 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 Ambulance Service, and Colorado Mountain
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 3rd day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: Y
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Dale K. Hall, Chair
Weld County Clerk '••'he +y' ` A
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�� 'Barbara . Kirkmeyer, Pro-Tem ;/Deputy Clerk to ' ,� tta� -� -�� t � z
IM -George . axter
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ED AS T FORM: EXCUSED DATE OF SIGNING (AYE)
M. J. Geile •
ty ttorney
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990372
cn.G AM0012
AGREEMENT CONCERNING CLINICAL EXPERIENCE
This Agreement is entered into this /64day of PCD/24J/i0ty, 1998 by and between
COLORADO MOUNTAIN COLLEGE(hereinafter referred to as"CMC"),and the Board of County
Commissioners of Weld County, on behalf of the WELD COUNTY AMBULANCE SERVICE,
Greeley, Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, CMC offers an education program which includes learning experiences for its
students in Health Occupation 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
CMC's Health Occupations programs, and
WHEREAS, CMC 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 CMC students which take place through 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 CMC into its clinical/emergency medical services field experience
educational program. (Hereinafter referred to as the "clinical experience," or "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 CMC:
a. Educational Programs. CMC 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. CMC 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
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990372
services pursuant to this Agreement, CMC 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 CMC that are necessary to certify the nature and extent
and the costs incurred by County with respect to the services furnished by the County
hereunder. Further, if CMC carries out any duties hereunder with a related organization,
CMC 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. CMC 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 CMC programs,policies, accreditation criteria
(both voluntary and regulatory), and the policies, and regulations of the County.
d. Selection of Students. CMC 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. CMC 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. CMC shall inform
students that students shall be responsible for following the rules and regulations of the
County.
f Evaluation of Learning Experience. CMC will provide to County a copy of course
educational objectives for the clinical experience. County,together with CMC, will make
arrangements for evaluating the education from the clinical experience.
g. Immunization Requirements. CMC 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. CMC faculty shall orient students to the County unless otherwise
agreed upon.
County Standards. During period of clinical assignment at the County, CMC faculty and
students shall remain subject to the authority, policies and regulations imposed by CMC,
and shall also adhere to the rules, regulations, procedures, and standards of the County.
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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 students are assigned shall be responsible for orienting
faculty to County policies and protocols, particularly where special rules and regulations
are necessary. Students shall be permitted to perform services for patients only when under
the supervision of a designated County employee acting as a supervisor for the students.
Students shall work and perform assignments at the discretion of their supervisors
designated by the County. 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 CMC
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 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. 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. 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 CMC of its request as soon as practical.
g. County Supervision. County shall provide for such supervision as is prearranged in
consultation with the CMC. County supervisors may provide evaluation statements
concerning performance. However, CMC 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 CMC upon the student's completion of the
clinical experience.
h. Unsatisfactory Student Performance. County staff shall communicate with CMC
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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 CMC who is in charge
of student supervision.
j. Verification of County Accreditation. County shall provide CMC with verification that
they are accredited by appropriate state/federal bodies.
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 CMC and County to promote understanding
of and adjustments to any operation or activity involved herein.
b. Non-discrimination. Neither County nor CMC 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 CMC when any
CMC employee or student has been involved in a reported incident and CMC 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. CMC shall
cooperate in any investigation of a potential liability-inducing incident.
7 FINANCIAL PROVISIONS: The parties agree to the following financial provisions:
a. Compensation. CMC 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.
b. Parties'Relations. The parties to this Agreement intend that the relationship between them
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contemplated by this Agreement is that of independent entities working in mutual
cooperation. CMC 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 Colorado Mountain College for any purpose
and said staff may not hold themselves out as employees or agents of CMC or otherwise
make any representations or commitments on behalf of CMC. Neither party shall be in any
way required to provide any pecuniary benefits, salaries, wages, or fringe benefits to
students of CMC or to employees of the other party.
8. INSURANCE:
a. Liability Insurance. CMC 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.
b. Professional Liability Insurance. CMC 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
CMC's health insurance program or show proof of enrollment in a comparable accident
and sickness health insurance plan. CMC 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 CMC 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 CMC shall conform to the state health regulations.
d. Workers'Compensation. CMC 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. CMC shall provide information to County regarding
relevant insurance and/or financial responsibility pursuant to this Agreement. In the event
that the insurance coverage for CMC 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.
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9. LIMITATIONS - LIABILITIES - INDEMNIFICATION:
To the extent not covered by the insurance referred to in Paragraph 8 of this Agreement,
and to the extent permitted by law,CMC hereby agrees to indemnify and hold harmless the
County, its affiliates, directors,trustees, officers, and employees 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, obligate CMC to pay all reasonable
attorney fees, costs, expenses, and damages incurred as a result of such liability. CMC
acknowledges that the Weld County Ambulance Service is a department of Weld County
and, thus, to the extent authorized by law, CMC agrees to indemnify, save, and hold
harmless the Weld County Board of Commissioners, 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.
10 DEFAULT - WAIVER - TERMINATION:
a. Default. Except in situations when termination is the appropriate action pursuant to
paragraph 8e., 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 8e. 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.
11. 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 FAX 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 FAX number. Any notice so mailed, any notice served by facsimile, and any
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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.
CMC: Heather Davis, Paramedic Instructor
Colorado Mountain College
103 S. Harris Street
Breckenridge, Colorado 80424
FAX:
COUNTY: Gary McCabe, Director
Weld County Ambulance 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
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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. 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.
h. 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.
L Budget Constraints. Nothing in this Agreement shall be construed to require CMC or the
Board of County Commissioners for Weld County to provide funding not already 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 this (b day of
Fe4s 'L, 19gq .
Approved:
WELD COUUNTY AMBULANCE SERVICE COLORAD OUNT IN COLLEGE
y: ♦ B M .
ary McCabe, irector
A EST: BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY ON BEHALF OF THE
- WELD COUNTY HEALTH DEPARTMENT,
CLERK TO THE BOA di:= ��U1 , GREELEY, COLORADO
r
By: ;` 1 :,1L By:
Deputy Clerk to the Boar hr ' s\fj . a , Chair (0 /03/99)
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