HomeMy WebLinkAbout991332.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 Ambulance Service, and
Morgan Community College, commencing May 1, 1999, and ending April 30, 2000, 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, Colo-ado, 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 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 2nd day of June, A.D., 1999, nunc pro tunc May 1, 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLO DO
ATTEST: lid/
Dale K. Hall, Chair
Weld County Clerk to °'.•: 'a �1
• , �I EXCUSED DATE OF SIGNING (AYE)
`r �\ 4e;.niv
Barb ra J. Kirkmeyer, Pro-Tem
Deputy Clerk to the B
Georg exfer
"OVE j O FORM:
. J. eile
ou Attorney
Glenn Vaad '
991332
AM0012
AGREEMENT CONCERNING CLINICAL EXPERIENCE
This Agreement is entered into this 10 day of May , 1999 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 AMBULANCE SERVICE, 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/emergency medical services
field 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. 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. 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,"
or'the program.").
3. TERM OF AGREEMENT. This Agreement shall be effective from May 1 ,
1999 through April 30 , 2000 ,and, subject to annual review and written letter
agreement to renew, shall be renewable each year, until April 30. 2004 , 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.
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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 to the 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.
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 educational objectives for the clinical experience. County, together
with MCC, will make arrangements for evaluating the education from the
clinical 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.
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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.
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.
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 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 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.
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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.
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. 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.
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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.
7. 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.
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.
8. 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 $3 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.
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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.
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9. DEFAULT- WAIVER- TERMINATION:
a. Default. Except in situations when termination is the appropriate action
pursuant to paragraph 10.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 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. 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.
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10. 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:
Dr. John McKay, President
Morgan Community College
17800 Road 20
Fort Morgan, Colorado 80701
COUNTY: Gary McCabe, Director
Weld County Ambulance Service
1121 M Street
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.
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
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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. 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.
Budget Constraints. Nothing in this Agreement shall be construed to require
the Board of County Commissioners for Weld County to provide funding not
already budgeted.
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.
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IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this day
of , 19
Approved:
WELD COUNTY AMBULANCE SERVICE MORGAN COMMUNITY COLLEGE
By: By:
G cCab ,,Director . John McKay, Presid
APPROVALS:
STATE CONTROLLER
ARTHUR L BARNHART
By: �vo1�1
Susan mith ` f �\
ATTEST: // (! ► W , BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY ON BEHALF OF THE
'�W 11,," WELD COUNTY HEALTH DEPARTMENT,
CLERK TO THE BOARD, GREELEY, COLORADO
BY: J2/es. , Co '- Ry.
Deputy Clerk lo the Bo.��Jum/ Dale K. Hall, Chair (c1,/./2 i b tc,,)
ambclini.agt
Log Number: 99S--155
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