HomeMy WebLinkAbout950068.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RECIPROCAL CLINICAL EDUCATION AND TRAINING
AND AUTHORIZE CHAIRMAN 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 for Reciprocal Clinical
Education and Training between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Ambulance Service, and Western
Health Network, commencing upon full execution, 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 Reciprocal Clinical Education and Training between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Ambulance Service, and Western Health Network be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 16th day of January, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY: _OA NrkiQf_.
Deputy Clerk ;Se Board
APPROVES) AS TO FORM:
my Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
Dale K. Hall, Chairman
FXCI ISFI]
Barba J. Kirkmeyer, Pro-Tem
7/i
eorge . Baxter
Constance L. Harbert
W. H. Webster
(r_ : /-7Mdone-
950068
AM0008
ORIGINAL
AGREEMENT FOR RECIPROCAL CLTNICAT, RDTTCATTON AND TRATNTNC
This Agreement is made between WESTERN HEALTH NETWORK, a non-
profit Arizona Corporation, operator of NORTH COLORADO MEDICAL
CENTER, INC., Greeley, Colorado, hereinafter referred to as "NCMC,"
and the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY COLORADO, on
behalf of WELD COUNTY AMBULANCE SERVICE, a department of Weld
County, Colorado, hereinafter referred to as "WCAS."
RECTTAT„S
WHEREAS, NCMC is interested in providing educational
opportunities for its employees (hereinafter referred to as "NCMC
trainees") through clinical experiences provided by ambulance runs,
and
WHEREAS, WCAS is interested in providing educational
opportunities for its employees (hereinafter referred to as „WrAS
trainees") through clinical experiences provided by certain
activities in the emergency department of NCMC, and
WHEREAS, clinical education and experience is a required and
integral component of both NCMC and WCAS, and
WHEREAS, both NCMC and WCAS desire to assist each other in
developing and implementing clinical and/or on-the-job clinical
education/experiences for their respective employees.
NOW, THEREFORE, in consideration of the mutual agreement set
forth herein, NCMC and WCAS agree as follows:
AGREEMENT
1. Recitals. The above recitals are incorporated herein by
reference.
2. Clinical Ar,riviriP9.. The parties agree to provide
clinical education experiences for employees of the other
party (hereinafter referred to as "Reciprocal Training
Program") subject to the terms and conditions hereinafter
set forth.
Page 1 of 10 Pages
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The clinical experiences referred to in this Agreement
shall become available from time to time and shall be set
up between the parties at such times as they mutually
agree. This Agreement is not intended to create a
certain course of study but, rather, it is an agreement
to provide an opportunity for clinical educational
experiences for employees of each party as such
opportunities arise.
3. Term of Agreement. This Agreement shall commence upon
the date of its signing and shall continue until
terminated by the parties, pursuant to the provisions of
this Agreement.
4. General Provisions for the Reci.grocal Training Program.
The parties agree that each of them will be bound by the
following provisions in their participation in the
Reciprocal Training Program:
a. Patient Care. Patient care shall be first priority.
b. Categories of Training. Reciprocal training shall
be available, from time to time, in various
categories, including, but not limited to:
- Patient assessments
- Invasive procedures
- Continuing medical education, and
Mortality, morbidity review
c. Clinical Preceptor. Each party will provide a
designated staff member
Preceptor for trainees.
will direct the trainees'
authority to designate
trainees shall participate.
participate in any activity without an employee of
the training party also present and participating
in the same activity.
to act as the Clinical
The Clinical Preceptor
activities and have final
in which activities the
No trainee will
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950068
d. Orientation. Each trainee will be provided with an
orientation to the pertinent policies and
procedures of the training party prior to the
trainee's participation in any clinical experience.
e. Termination of Clinical Assignmenr. The training
party may terminate a clinical education assignment
at any time if conditions for that particular
training session are for any reason not conducive
to trainee learning in the opinion of the training
party.
5. Trainee Requirements. The trainees shall be subject to
the following requirements:
a. WCAS Trainees. Qualifying WrAG trainees referred
to NCMC for training will have the following:
- Current, valid Colorado driver's license and
current motor vehicle report
- Current, valid EMT Certification
- Proof of completion of IV training
- Current BLS Certification
- Current ACLS for EMT -I's and EMT -P's
Evidence of immunization for mumps, measles
and rubella (MMR), and current Mantoux method
P.P.D.
All WCAS trainees must complete a Trainee
Acknowledgement, a copy of which is attached hereto
as Attachment A, and a skills checklist, a copy of
which is attached hereto as Attachment B.
Attachment A and Attachment B are incorporated
herein.
b. NCMC Trainees. Qualified NCMC trainees referred to
WCAS for training will have the following:
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950068
- Current, valid Colorado driver's license and
current motor vehicle report
Current, valid EMT Certification and/or
nurse's license
- Proof of completion of IV training
- Current ELS Certification
- Current ACLS for EMT -I's, EMT -P's, and nurse's
- Evidence of immunization for mumps, measles
and rubella (MMR), and current Mantoux method
P.P.D.
All NCMC trainees must complete a Trainee
Acknowledgement form, a copy of which is set forth
in Attachment A.
c. No Discrimination. WCAS and NCMC will not unlaw-
fully discriminate against any trainee partici-
pating in their respective criminal experiences
because of race, color, creed, religion, age,
handicap, sex, ancestry, veterans status, or
national origin.
6. Financial Provisions . The parties agree to the following
financial provisions:
a. Compensation. WCAS and NCMC 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.
No employee, agent, or servant of one party shall
be, or shall be deemed to be, an employee, agent,
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950068
or servant of the other party to this Agreement.
Neither party shall be in any way required to
provide any pecuniary benefits, salary, wages, or
fringe benefits to trainees who are employees of
the other party.
c Worker's Compensation. Each party shall provide
Worker's Compensation Insurance coverage for
trainees who are employees of that party or be
responsible for all medical expenses incurred by
that party's trainee during a clinical experience.
d. Other Insurance Coverage. Each party shall provide
health insurance for or be responsible for all
medical expenses incurred by that party's employees
while they are serving as trainees during a
clinical experience. Each party expressly
certifies to the other party that liability and
malpractice insurance in a minimum amount of one
million dollars ($1,000,000.00) per occurrence is
in effect for that party and ensures that the
trainee from that party is covered while
participating in the Reciprocal Training Program.
Each party shall assume total responsibility,
including financial responsibility, for that
party's employee while the employee is serving as a
trainee.
e. Information Regarding Insurance. Each party shall
provide to the other party information regarding
the availability of emergency care, and financial
responsibility for such emergency care, for that
party's employees while they are acting as trainees
on clinical assignment. 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 then 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.
Page 5 of 10 Pages
950068
7. Clinical Education objectives.. The parties agree to the
following provisions:
a. Administrative Representatives_. In connection with
this Agreement, NCMC and WCAS shall designate
administrative representatives. WCAS's designated
administrative representative will be the Director
of Ambulance Services, or a designee of said
Director, and NCMC's designated administrative
representative will be the Program Manager,
Emergency Medical Services, or a designee of said
Program Manager.
b. Clinical Fduratinn objectives.. WCAS and NCMC,
through their designated administrative representa-
tives, will establish the clinical education
objectives for the Reciprocal Training Program,
devise methods for their implementation, and
evaluate their effectiveness.
c. Number of Trainees to Benefit From Designated
Clinical Experiences. At the time a certain
clinical experience is set up, WCAS and NCMC will
determine the number of trainees that should be
assigned to the clinical experience and the length
of the training required to achieve the stated
clinical educational objective.
8. Miscellaneous Previsions
a. Limitations - Liahi
and that party's
trainees shall not
acts or omissions
training party.
lities. The non -training party
employees who are acting as
be responsible or liable for
or failures to act by the
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
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950068
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. The indemnities and assumptions
of liabilities and obligations herein provided for
shall continue in full force and effect notwith-
standing the expiration or termination of this
Agreement.
In the event that negligence or malpractice of one
party shall subject the other party 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.
b. Records. Each party agrees to keep any and all
records and information confidential, in compliance
with all laws, regulations, and policies concerning
the confidentiality of such records.
Each party shall be responsible for maintaining
their pertinent records and information and shall
make appropriate information available to the other
party and employee trainees as necessary for the
performance of this Agreement, subject to the laws,
regulations, and policies concerning confidential-
ity.
c. 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.
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d. Inurement. This Agreement shall inure to the
benefit of the heirs, assigns, and successors in
interest of the parties hereto.
e. Modification and Breach. This Agreement contains
the entire agreement and understanding between the
parties to this Agreement and supersedes any other
agreements concerning the subject matter of this
transaction. No modification, amendment, novation,
renewal, or other alterations of or to this
Agreement and the attached attachments shall be
deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the
undersigned parties. No breach of any term,
provision, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent
by any party hereto, or waiver of, a breach by any
other party, whether express or implied, shall not
constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
9. Default and Termination
a. Tefaiilt. Except in situations when termination is
the appropriate action, pursuant to paragraph 9.b,
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 thirty days after the
delivery of such notice, the notifying party may,
at its election, declare this Agreement to be null
and void and proceed to seek any remedies to which
it may be entitled under the law.
b. 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.
Page 8 of 10 Pages
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10. Noticts. 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.
NCMC: North Colorado Medical Center
1801 16th Street
Greeley, CO 80631
ATTN: Program Manager
Emergency Medical Services
WCAS: Weld County Ambulance Service
1121 M Street
Greeley, CO 80631
ATTN: Director of Ambulance Services
11. No Third Party Beneficiary Enforcement.
understood and agreed that enforcement
conditions of this Agreement, and all
relating to such enforcement, shall be
to the undersigned parties, and nothing
Agreement shall give or allow any claim
It is expressly
of the terms and
rights of action
strictly reserved
contained in this
or right of claim
whatsoever by any other person not included in this
Agreement. It is the express intention of the under-
signed parties that any entity, other than the under-
signed 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 hands
and seals this //0t day of `W, J , 1995.
G
WESTERN HEALTH NETWORK, A
NON-PROFIT ARIZONA CORPORATION,
OPERATOR OF NORTH COLORADO
MEDICAL CENTER
BY:
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
BY:
Vo‘edia/i
Deputy Clerk to t Bea
NCMC,NBU. DE
WELD COUNTY AMBULANCE SERVICE
BY:
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
BY:
Dale K. Hall, Chairman OI`,3/Rs
Page 10 of 10 Pages
950068
NORTH COLORADO
ESA MEDICAL CENTER
1801 16th Street
Greeley, Colorado 80631-5199
303-352-4121
January 9, 1995
Gary McCabe
Director of Ambulance Services
Weld County Ambulance Service
1121 M Street
Greeley, CO 80631
Dear Gary:
Enclosed please find three (3) copies of the partially executed Agreement between
Weld County Ambulance Services and NCMC. Please sign all copies of the
Agreement as indicated and return two signed original Agreements for our files.
If you have any questions or need additional information regarding this Agreement,
please feel free to contact me at (303) 350-6190.
Thank you for your assistance with this matter.
Sincerely,
Kate Tremblay
Contracts Coordinator
950068
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