HomeMy WebLinkAbout961171.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CLINICAL EXPERIENCE BETWEEN HEALTH
DEPARTMENT AND UNIVERSITY OF PHOENIX, SCHOOL OF NURSING, 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 for 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
University of Phoenix, School of Nursing, commencing October 1, 1995, and ending October 1,
1998, 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 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 University of Phoenix, School of
Nursing, 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 July, A.D., 1996, nunc pro tunc October 1, 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4 EL
• Barba a J. Kirkmeye ,, Chair
1861 Q ty Clerk to the Board Barba
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. .' '.. � f On (RP - � • rge,E. Baxter Prote
Tem
Deputy Clerk the Board
Dale K. Hall
AP OED AS TO M:
Constance L. Harbert
ou tr<y Attorn J (I) I 7
W. H. Webster I. /
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AGREEMENT
Clinical Experience
University of Phoenix, School of Nursing
S ,
This Agreement is entered into this 2 7 day of Sept ember ,1 h $yy and between the
University of Phoenix, School of Nursing (hereinafter referred to as "University"), 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, University offers an education program at the Baccalaureate level integrated
for the preparation of professional nurses, and
WHEREAS, County has certain facilities available for clinical experiences and desires to
provide such facilities for educational purposes in the preparation of students of University's nursing
program, and
WHEREAS, University 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 University 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 University into its clinical experience
educational program.
2. TERM OF AGREEMENT. This Agreement shall be effective from 0 c t 1 ,
19 9 5 through 0 c t 1 , 19 9 8.
3. OBLIGATIONS OF UNIVERSITY:
a. Educational Programs. University 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. University will keep all records and reports on student
experiences for a period of at least four years.
c. Selection of Assignments. University 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 the University School of Nursing policies, accreditation criteria (both
voluntary and regulatory),and the policies,regulations,and nursing standards
of the County.
d. Selection of Students. University 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. University 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. University shall inform students that
students shall be responsible for following the rules and regulations of the
County.
f. Evaluation of Learning Experience. University will provide to County a
copy of course objectives for the learning experience. County, together with
University, will make arrangements for evaluating the learning experience.
g. Immunization Requirements. University 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. University faculty shall orient students to the County
unless otherwise agreed upon.
i. County Standards. University 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
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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
the School of Nursing of the University 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 from the premises of any
individual from the facility or clinical area. 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.
g. Preceptor/Site Supervisors. Preceptor/site supervisors will be resource
persons for students and faculty in the clinical setting. University 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 University. County supervisors may
provide evaluation statements concerning performance. However,University
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 the University upon the student's
completion of the clinical experience.
Unsatisfactory Student Performance. County staff shall communicate with
University representatives concerning any problems that might arise due to
a student's performance. A written report shall be provided to the faculty or
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staff member of the University who is in charge of student supervision.
j. Verification of County Accreditation. County shall provide University 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 the University and
County to promote understanding of and adjustments to any operation or
activity involved herein.
b. Non-discrimination. Neither County nor University 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
University when any University employee or student has been involved in a
reported incident and University 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. University shall
cooperate in any investigation of a potential liability-inducing incident.
5. FINANCIAL PROVISIONS: The parties agree to the following financial provisions:
a. Compensation. University and County agree that no monies will be paid by
either party to the other under the terms and conditions of this Agreement and
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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. University 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 the University of Phoenix for any purpose and
said staff may not hold themselves out as employees or agents of the
University or otherwise make any representations or commitments on behalf
of the School of Nursing or the University. Neither party shall be in any way
required to provide any pecuniary benefits, salaries, wages, or fringe benefits
to students of the University or to employees of the other party.
6. INSURANCE:
a. Liability Insurance. University 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. University 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 occurrence. 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 the University's health insurance program or show proof of
enrollment in a comparable accident and sickness health insurance plan.
d. Workers' Compensation. University 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
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pursuant to this Agreement. In the event that the insurance coverage for that
party is cancelled 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:
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.
In the event that negligence or malpractice of the University or a student of the
University shall subject County to potential or actual liability, or in the event that
negligence or malpractice of County shall subject the University or a student of the
University 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. University acknowledges that the
Weld County Health Department is a department of Weld County and, thus, to the
extent authorized by law, University 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.
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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.
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.
UNIVERSITY:
University of Phoenix
Academic Affairs
4615 E. Elwood Street
P.O. Box 52069
Phoenix, Arizona 85072-2069
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.
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
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parties agree to submit themselves to the personal jurisdiction of those courts.
d. Choice of Law. This Agreement shall be construed in accordance with the
laws of the state of Colorado.
e. 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.
f. 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 2 7 day
of Sept , 1995 .
WELD COUNTY HEALTH DEPARTMENT UNIVERSITY OF PHOENIX
15114 itaaist
By:
John S. Pickle, M.S.E.H.
Director
Title: Vice President of Academic Affairs
E`, T: 4.4/Mia..7 BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY ON BEHALF OF THE
WELD COUNTY HEALTH DEPARTMENT,
1861 IXO: C) 0 THE BOARD GREELEY, COLORADO
4�P
V t x_a BYE . ^^" 4C�— it/v./FY07/03/96
Deputy Cler4o the Board BARBARA J. KIRKM YER, CH R
ATTEST NG T OARD OF COUNTY
CCMSSIONLil SIGNATURES ONLY
clinical.gjb
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mEmoRAnDum
Barbara Kirkme er, Chair � a.!
I99 �
To y Date
COLORADO Board of County Commissioners July 1, G
From
John Pickle, Director, Health Department
Subject: Non-Financial Agreement with the University of Phoenix, School
cif II.iccb
Enclosed for Board review and approval is a non-financial agreement between the Weld County
Health Department and the University of Phoenix, School of Nursing.
This agreement outlines the responsibilities of each party with respect to the clinical experience
offered at the Health Department for University of Phoenix students. The term of this agreement
is from October 1, 1995 through October 1, 1998. The processing of this contract is untimely
because it was lost in the mail and was resubmitted to the University of Phoenix for signatures.
I recommend your approval of this renewal letter.
Enclosures
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