HomeMy WebLinkAbout20241251.tiffRESOLUTION
RE: APPROVE EDUCATION AFFILIATION CLINICAL TRAINING AGREEMENT FOR
NURSING STUDENT INTERNSHIP REQUIREMENTS AND AUTHORIZE CHAIR TO
SIGN - HERZING UNIVERSITY, LTD.
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 Education Affiliation Clinical Training
Agreement for Nursing Student Internship Requirements between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Health and Environment, and Herzing University, Ltd., commencing
April 22, 2024, 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 Education Affiliation Clinical Training Agreement for Nursing
Student Internship Requirements between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Health
and Environment, and Herzing University, Ltd., 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 20th day of May, A.D., 2024, nunc pro tunc April 22, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: CA ,�Ay
Weld County Clerk to the Board
BY( ' r ` • IJCI t- COTCJC
Deputy Clerk to the Board
APP VED AS T
County Attorney
Date of signature:
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Mike F% eman
ri Saine
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2024-1251
HL0057
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Education Affiliation Agreement with Herzing University
DEPARTMENT: PUBLIC HEALTH AND ENVIORNMENT
DATE: April 30,2024
PERSON REQUESTING: Jason Chessher, Executive Director
Shaun May, Public Health Services Division Director
Brief description of the problem/issue: For the Board's review and approval is an education affiliation agreement between
Herzing University and the Board of County Commissioners of Weld County for the use and benefit of the Weld County
Department of Public Health and Environment (WCDPHE).
This educational affiliation agreement is a non -financial cooperative education agreement to provide nursing
students with a high-level clinical learning experience in Public Health to meet the requirements for a
baccalaureate or advanced degree program. This updated agreement will commence on the date it is fully
executed by both parties and will continue indefinitely. Either party may terminate this agreement for any
reason upon ninety (90) days written notice to the other party. Activities will be conducted by current staff; no
additional funding or FTE is being requested.
What options exist for the Board? The Board can approve or decline the agreement.
Consequences: Approving the affiliation agreement will provide additional training opportunities for local nursing
students to complete degrees and ultimately build a stronger medical workforce in Northern Colorado.
Impacts: A negligible amount of employee time will be required to supervise interns. The Department will receive
a minimal benefit of productivity from interns.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): None
Recommendation: I recommend approval of this education affiliate agreement with Herzing University.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Via email
v* avail
JS
2024-1251
5/ZCD - Lo 05"1
Karla Ford
From:
Sent:
To:
Subject:
approve
KiViOss
Kevin Ross
Tuesday, April 30, 2024 11:04 AM
Scott James; Karla Ford
Re: Please Reply - Health PA Education Affiliation Agreement
From: Scott James <sjames@weld.gov>
Sent: Tuesday, April 30, 2024 1:03:14 PM
To: Karla Ford <kford@weld.gov>; Kevin Ross <kross@weld.gov>
Subject: RE: Please Reply - Health PA Education Affiliation Agreement
I.support -thanks!
Scott K. Jam`esu
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by retum e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
Sent: Tuesday, April 30, 2024 9:59 AM
To: Kevin Ross <kross@weld.gov>; Scott James <sjames@weld.gov>
Subject: Please Reply - Health PA Education Affiliation Agreement
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.welduov.com :.
**Please note my working hours are Monday -Thursday T:0fa.m.-5:00p.m.e
Herzing University, LTD.
CLINICAL TRAINING AGREEMENT
THIS CLINICAL TRAINING AGREEMENT ("AGREEMENT") is made and entered
into on April 22, 2024, by and between the WELD COUNTY DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT ("AGENCY"), and Herzing University, LTD. ("COLLEGE")
at 275 W. Wisconsin Avenue, Suite 210, Milwaukee, WI 53203 (each a "party" and
collectively the "parties").
WHEREAS, the purpose of this AGREEMENT is to guide and direct the parties
respecting their affiliation, working arrangements, and agreements in furtherance thereof
to provide high -quality clinical learning experiences for students in the COLLEGE's
Nursing program.
WHEREAS, neither party intends for this AGREEMENT to alter in any way its
respective legal rights or its legal obligations to the other party, the students assigned to
the AGENCY, or any third party.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
A. Responsibilities of the COLLEGE
1. The COLLEGE will use its best efforts to see that students selected for
participation in the clinical training program are prepared for effective participation in the
clinical training phase of their overall education.
2. The COLLEGE will retain ultimate responsibility for the education of its students.
3. The COLLEGE will provide qualified and competent faculty members at the
COLLEGE in adequate number for the instruction and supervision of students using the
AGENCY facilities.
4. The COLLEGE will instruct all students assigned to the AGENCY facilities in the
confidentiality of patient/client records, patient/client information imparted during the
training experience, and will ensure all students complete the COLLEGE's training
modules necessary to comply with its HIPAA requirements as a covered entity. The
COLLEGE will also instruct all students that the confidentiality requirements survive the
termination or expiration of this AGREEMENT.
5. The COLLEGE will require all participating students to provide proof of health
insurance. In the event of an emergency, the AGENCY will provide such emergency care
as is provided its employees. The student will be responsible for any charges thus
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generated if the charges are not covered under the Colorado Workers' Compensation
Act.
6. The COLLEGE will require all participating students to have passed a criminal
background check and to have documented appropriate immunizations. If applicable, the
AGENCY shall notify the COLLEGE of any requests for evidence of immunization. The
COLLEGE will then provide evidence to AGENCY of any required immunizations for its
students.
7. The COLLEGE will encourage student compliance with the facility's rules,
regulations, and procedures, and use its best efforts to keep students informed as to the
same and any changes therein. Specifically, the COLLEGE will keep each participating
student apprised of his or her responsibilities.
8. The COLLEGE has an equal opportunity/affirmative action program and does
not discriminate on the basis of race, sex, creed, color, age, national origin, sexual
orientation, or individual handicap in any aspect of employment or training. The
institution's educational programs, activities, and services offered to students, faculty,
and/or employees are administered on a nondiscriminatory basis subject to the provisions
of Title VI and VII of the Civil Rights Act of 1964, Titles VII and VIII of the Public Health
Services Act, the Rehabilitation Act of 1973 (Section 504), the Equal Pay Act of 1963 as
amended, Title IX of the Educational Amendments of 1972, the Vietnam Era Veteran's
Readjustment Assistance Act of 1974, and the nondiscrimination laws of the State of
Colorado.
9. The COLLEGE warrants and represents that it maintains professional liability
insurance for itself and for its students who provide health care services pursuant to the
Colorado Governmental Immunity Act (C.R.S. §§24-10-101 through 24-10-120). The
COLLEGE agrees that its insurance program will provide coverage in accordance with
the limits of the Colorado Governmental Immunity Act. The Colorado Governmental
Immunity Act provides that the maximum amount that may be recovered against a public
entity or public employee will be (a) $424,000 for any injury to one person in a single
occurrence, and (b) $1,195,000 for any injury to two or more persons in any single
occurrence (except that no person may recover in excess of
$424,000).
For those approved activities that take place in a state other than Colorado, or in
the event a court of competent jurisdiction determines on final judgment that the limits of
the Colorado Governmental Immunity Act do not apply, the University of Colorado Self -
Insurance and Risk Management Trust has provided for professional liability insurance
coverage of at or above $1,000,000/$3,000,000 through a commercial insurance policy,
to the extent that such policy would cover the actions of students from the COLLEGE
participating under this AGREEMENT.
10. Further, all students subject to the provisions of §8-40-101 C.R.S. et seq., and
participating in educational programs conducted by or administered through the
Revised July 2018
COLLEGE will be covered under the Colorado Workers' Compensation Act. The
COLLEGE will be responsible for providing statutory workers' compensation and
employers liability coverage for students of the COLLEGE at AGENCY.
11. The COLLEGE shall inform its students that they must obtain prior written
approval from AGENCY and the COLLEGE before publishing any material related to the
clinical educational experience.
B. Responsibilities of AGENCY
1. AGENCY has a responsibility to maintain a learning environment in which sound
educational experiences can occur, therefore, the AGENCY will provide physical facilities
and learning opportunities for the clinical study of Nursing.
2. AGENCY will provide the opportunity for students and faculty to observe and
participate in agreed upon services provided by the AGENCY.
3. AGENCY will retain full responsibility for care of the patients and will maintain
administrative and professional supervision of students insofar as their presence and
program assignments affect the operation of AGENCY and its care, direct and indirect, of
patients.
4. AGENCY will provide adequate clinical facilities for participating students in
accordance with the clinical objectives developed through cooperative planning by the
COLLEGE's departmental faculty and AGENCY's staff.
5. AGENCY staff will, upon request, assist the COLLEGE in the evaluation of the
learning and performance of participating students.
6. To the extent possible, AGENCY will provide for the orientation of COLLEGE's
participating students as to AGENCY's philosophies, rules, regulations, and policies of
AGENCY. Attendance at such orientation will be required before any student will be
permitted to participate in the program.
7. In the event a student is exposed to an infectious or environmental hazard or
other occupational injury (e.g. needle stick) while at AGENCY, AGENCY will provide such
emergency care as is provided its employees, including, where applicable: examination
and evaluation by AGENCY's emergency department or other appropriate facility as soon
as possible after the injury; emergency medical care immediately following the injury as
necessary; initiation of the HBV, Hepatitis C (HCV), and HIV protocol as necessary; and
HIV counseling and appropriate testing as necessary. In the event that AGENCY does
not have the resources to provide such emergency care, AGENCY will refer such student
to the nearest emergency facility. The COLLEGE will be responsible for any charges thus
generated pursuant to the requirements of the Colorado Workers' Compensation Act,
C. R.S. § 8-40-101 et seq. The student shall be responsible for any charges that are not
covered under the Colorado Workers' Compensation Act.
Revised July 2018
8. AGENCY will limit access to students' files and personal information and will
maintain files and personal information in confidence and limit access to only those
employees or agents with a need to know and further agrees to comply with the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA") and its implementing
regulations and all applicable federal and state laws and regulations concerning the
confidentiality of such student information to the same extent as such laws and
regulations apply to the COLLEGE. For the purposes of this Agreement, pursuant to
FERPA, the COLLEGE hereby designates AGENCY as a school official with a legitimate
educational interest in the educational records of the student(s) who participate in the
program to the extent that access to the records is required by AGENCY to carry out the
program.
9. Upon request, AGENCY will provide proof of liability insurance in an amount
that is customary in the community.
10. AGENCY will provide written notification to the COLLEGE promptly if a claim
arises involving a student. Additionally, AGENCY will notify the COLLEGE immediately in
the event of any report or incident of discrimination on the basis of sex, including sexual
harassment and sexual assault, involving a student.
11. AGENCY will permit, on reasonable request, the inspection of clinical and
related facilities by agencies charged with the responsibility for accreditation of the
COLLEGE.
12. AGENCY will resolve any situation in favor of its patients' welfare and restrict
a student to the role of observer when a problem may exist until the incident can be
resolved by the staff in charge of the student or the student is removed. AGENCY will
notify the COLLEGE's clinical educator if such an action is required.
13. The AGENCY shall designate a Clinical Educator. The AGENCY shall notify
the COLLEGE of the temporary absence (more than one week) of the Clinical Educator
and designate an acting Clinical Educator.
C. Mutual Responsibilities
1. All clinical training programs under this AGREEMENT shall be conducted in
accordance with all applicable state and federal laws.
2. Representatives for each party will be established on or before the execution
of this AGREEMENT.
3. The parties will work together to maintain an environment of quality patient care.
At the insistence of either party, a meeting or conference will promptly be held between
Revised July 2018
COLLEGE and AGENCY representatives to resolve any problems or develop any
improvements in the operation of the clinical training program.
4. The personnel of both parties will seek each other's cooperation in carrying out
the provisions of this AGREEMENT. During the term of this AGREEMENT, arrangements
may be made for periodic meetings between representatives of the COLLEGE and
representatives of AGENCY to promote understanding of and adjustments to any
operation or activity involved herein.
5. AGENCY may request the removal of any student whom the AGENCY
determines is not performing satisfactorily, or who refuses to follow the applicable
administrative and patient care policies, procedures, rules, and/or regulations. Such
request must be in writing and must include a statement of the reason or reasons why
AGENCY desires to have the student removed. The student must be afforded by the
COLLEGE an opportunity to respond in writing to the statements. However, AGENCY
may immediately remove from the premises any student who poses an immediate threat
or danger to personnel or to the quality of medical services, or for unprofessional behavior.
D. Financial Considerations
The COLLEGE and AGENCY each agree to bear their own costs associated with
this AGREEMENT. No payment is required by either the COLLEGE or AGENCY to the
other party.
E. Term and Termination
This AGREEMENT will commence as of the date first written above and will
continue indefinitely. This AGREEMENT may be canceled at any time and for any reason
by either party upon not less than ninety (90) days prior written notice to the other party.
Should notice of termination be given under this Section, students then scheduled to
AGENCY will be permitted to complete any previously scheduled clinical assignment at
AGENCY.
F. Governing Law
The laws of the State of Colorado and rules and regulations issued pursuant
thereto will be applied in the interpretation, execution, and enforcement of this
AGREEMENT. Any provisions of this AGREEMENT, whether or not incorporated herein
by reference, that provide for arbitration by any extra -judicial body or person or that are
otherwise in conflict with said laws, rules, and regulations will be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to
negate this provision in whole or in part will be valid or enforceable or available in any
action at law whether by way of complaint, defense, or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this
AGREEMENT to the extent that the AGREEMENT is capable of execution.
Revised July 2018
G. Employment Disclaimer
The students participating in the program will not be considered employees or
agents of AGENCY for any purpose. Students will not be entitled to receive any
compensation from AGENCY or any benefits of employment from AGENCY, including
but not limited to, health care or workers' compensation benefits, vacation, sick time, or
any other benefit of employment, direct or indirect. AGENCY will not be required to
purchase any form of insurance for the benefit or protection of any student of the
COLLEGE.
H. Assignment
This AGREEMENT will not be assigned by either party without the prior written
consent of the other.
I. Governmental Immunity
It is specifically understood and agreed that nothing contained in this paragraph or
elsewhere in this AGREEMENT will be construed as: an express or implied waiver by the
COLLEGE or by AGENCY of its governmental immunity or of the governmental immunity
of the State of Colorado; an express or implied acceptance by the COLLEGE or by
AGENCY of liabilities arising as a result of actions which lie in tort or could lie in tort in
excess of the liabilities allowable under the Colorado Governmental Immunity Act,
C.R.S. §24-10-101 et seq.; a pledge of the full faith and credit of a debtor contract; or, as
the assumption by the COLLEGE or by AGENCY of a debt, contract, or liability of
COLLEGE or AGENCY in violation of Article XI, Section 1 of the Constitution of Colorado.
J. Notices
All notices provided by either party to the other will be in writing, and will be deemed
to have been duly given when delivered personally or when deposited in the United States
mail, First Class, postage prepaid, addressed as follows:
For the Agency:
For the COLLEGE:
Shaun May
Clinical Contracts
Director, Community & Clinical Health
Services
Herzing University, LTD.
Weld County Dept Public Health and
Environment
275 W. Wisconsin Ave., Suite 210
1555 North 17th Avenue
Milwaukee, WI 53203
Greeley, CO 80631
Email: clinicalcontracts@herzing.edu
970-400-2309
smay@weld.gov
Revised July 2018
K. Responsibility for Injuries
Pursuant to the Colorado Governmental Immunity Act, each Party agrees to be
responsible for injuries sustained solely from an act or omission of its public employee, or
where specifically permitted by the Colorado Governmental Immunity Act, its student,
occurring during the employee's duties and within the scope of his/her employment,
unless the act or omission is willful and wanton or where sovereign immunity bars the
action against the COLLEGE or AGENCY.
Notwithstanding the foregoing, in no event shall either party be liable hereunder
(whether in an action in negligence, contract or tort or based on a warranty or otherwise)
for loss of profits or revenue, or any indirect, incidental, special or consequential damages
incurred by the other party or any third party, even if the party has been advised of the
possibility of such damages, except that this limitation shall not apply to damage to
tangible property or injuries to persons, including death.
L. Severability
Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this AGREEMENT to the extent that the AGREEMENT is
capable of execution.
M. Headlines
Headlines in this AGREEMENT are for convenience only.
N. Entire Agreement
This AGREEMENT contains the entire agreement of the parties and may be
modified only by a written instrument executed by both parties.
O. Counterparts
This AGREEMENT may be executed in multiple parts (by facsimile transmission
or otherwise) and each counterpart shall be deemed an original, and all of which together
shall constitute but one agreement. Electronic signatures will be considered originals.
Revised July 2018
In WITNESS WHEREOF, authorized representatives of each party hereto have caused
this AGREEMENT to be executed effective as of the date first written above.
COLLEGE: AGENCY:
HERZING UNIVERSITY, LTD.
By
-DocuSigned by:
alWia sr
A ictsEatieWr8ff aralegal,
Contract & Compliance Admin.
4/22/2024
Date
Revised July 2018
BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO —
Kevin D. Ross, Chair102�
AT
TEST: vtil '�• "°' Clerk to the Board
uty Clerk to the Board
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Entity Information
Entity Name* Entity ID"
HERZING UNIVERSITY LTD @00048581
Contract Name *
EDUCATION AFFILIATION AGREEMENT
Contract Status
CTB REVIEW
Contract Description
EDUCATION AFFILIATION AGREEMENT
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$ 0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
HEALTH
Department Email
CM-Health@weldgov.com
Department Head Email
CM-Health-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Q New Entity?
Contract ID
8109
Contract Lead *
BFRITZ
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Requested BOCC Agenda Due Date
Date* 05/09/2024
05/13/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date"
04/01/2030
Committed Delivery Date
Renewal Date
Expiration Date"
04/01/2030
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JASON CHESSHER CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
05/13/2024 05/14/2024 05/14/2024
Final Approval
BOCC Approved Tyler Ref #
AG 052024
BOCC Signed Date Originator
BFRITZ
BOCC Agenda Date
05/20/2024
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