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HomeMy WebLinkAbout20230514.tiffRESOLUTION RE: APPROVE STUDENT CLINICAL AGREEMENT FOR REGISTERED NURSING TO BACHELOR OF SCIENCE IN NURSING PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY - FRONT RANGE 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 a Student Clinical Agreement for the Registered Nursing to Bachelor of Science in Nursing Program 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 the Colorado Department of Higher Education, State Board for Community Colleges and Education, for the benefit of Front Range Community College, 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 Student Clinical Agreement for the Registered Nursing to Bachelor of Science in Nursing Program 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 the Colorado Department of Higher Education, State Board for Community Colleges and Education, for the benefit of Front Range Community College, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d„ithos) ,, •�C Ito: Weld County Clerk to the Board BY: /1'1/1,;/ N/IAZ Deputy Cler o t e Boar APPROVED AS TO FOR A • .County Attorney Date of signature: O3/o 0t/23 cc:HL(TO 03/i 0/23 --tom man, Chair Perry L. Bu , Pro-Tem Sc dtt K. James 2023-0514 HL0056 Cenhrcicf ibit woL{ Memorandum TO: Mike Freeman, Chair Board of County Commissioners FROM: Gene O'Hara, Interim Executive Director Department of Public Health & Environment DATE: February 8, 2023 SUBJECT: Front Range Community College Student Clinical Agreement For the Board's approval is a Student Clinical Agreement between Front Range Community College (FRCC) 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 Agreement with FRCC allows nursing school students from Front Range Community College to conduct clinical rotations at WCDPHE for training and educational purposes. The benefits to the community in offering educational experience to nursing students is invaluable. Exposing nursing students to the public health clinical setting allows the students to understand the vital role that public health plays to the residents of Weld County. Activities for these clinical rotations will be conducted by current staff; no additional FTE is being requested. Assistant Weld County Attorney, Karin McDougal, has reviewed this agreement and determined that its terms are acceptable. The Board approved placement of agreement on the Board's agenda via pass -around dated February 7, 2023. I recommend approval of this Student Clinical Agreement with Front Range Community College. 2023-0514 L/27 (�LLL BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: FRONT RANGE COMMUNITY COLLEGE STUDENT CLINICAL AGREEMENT DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: February 7, 2023 PERSON REQUESTING: Gene O'Hara, Interim Executive Director Brief description of the problem/issue: For the Board's review and approval for placement on the agenda is a Student Clinical Agreement between Front Range Community College (FRCC) 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 Agreement with FRCC allows nursing school students from Front Range Community College to conduct clinical rotations at WCDPHE for training and educational purposes. The benefits to the community in offering educational experience to nursing students is invaluable. Exposing nursing students to the public health clinical setting allows the students to understand the vital role that public health plays to the residents of Weld County. Activities for these clinical rotations will be conducted by current staff; no additional FTE is being requested. Assistant County Attorney, Karin McDougal, has reviewed this Agreement and determined that its terms are acceptable. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approval of this Agreement will allow WCDPHE to continue contributing to the educational opportunities of nursing school students at Front Range Community College. This partnership serves the community need of educating nursing students and hopefully retaining them in Weld County to fill a wide variety of critically needed positions with medical providers in our community. Declining this Agreement will leave a void of educational opportunities to nursing school students in the specialized field of Public Health clinical care and we will miss a potential opportunity to recruit nursing students after their graduation. Recommendation: I recommend approval of this Student Clinical Agreement with Front Range Community College. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine ViatrAidi Karla Ford From: Sent: To: Subject: Approve Scott James Wednesday, February 8, 2023 1:15 PM Karla Ford RE: Please Reply - PASS -AROUND: FRCC Student Clinical Agreement Scott K. James Weld County Commissioner, District 2 1150 0 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 return 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 Sent: Wednesday, February 8, 2023 12:51 PM To: Scott James Subject: Please Reply - PASS -AROUND: FRCC Student Clinical Agreement Importance: High Please advise if you approve recommendation. Thank you! Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:O0p.m.** 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 1 DocuSign Envelope ID: 9D116CEE-0EBA-4C8O-97DA-051186EBF207 Contract # 220283 FRONT RANGE COMMUNITY COLLEGE STUDENT CLINICAL AGREEMENT REGISTERED NURSING to BACHELOR OF SCIENCE IN NURSING PROGRAM THIS AGREEMENT, by and between the State of Colorado, Department of Higher Education, by and through the State Board for Community Colleges and Occupational Education, for the use and benefit of Front Range Community College hereinafter referred to as the "College" and Weld County Board of County Commissioners on behalf of the Weld County Department Public Health and Environment hereinafter referred to as the "Provider." The College and Provider shall collectively be referred to as the "Parties" and individually as a "Part " Y - WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to provide learning experiences for its students in the Registered Nurse to Bachelor of Science in Nursing program at the College; and WHEREAS the Provider has the facilities to provide the necessary learning experiences desired. WITNESSETH, that the Parties above -named, in consideration of the mutual promises contained herein and other good and valuable consideration, hereby agree as follows: PLACE WHERE THE INTERNSHIP SHALL BE PERFORMED: WELD COUNTY PUBLIC HEALTH & ENVIRONMENT 1555 N. 171' AVENUE, GREELEY, CO 80631 L TERMS AND CONDITIONS 1. Definitions. The following definitions apply. a. "Internship" means a program of study as part of a College course or degree requirement, conducted in cooperation with the Provider, whereby Students receive supervised experience and instruction in a professional setting. b. "Site Supervisor" means that person employed or retained by the Provider as responsible for the development and administration of the Internship affiliation with the College. c. "Intern" means a person enrolled at the College who is to perform the Internship. Page 1 of 7 DocuSign Envelope ID: 9D116CEE-0EBA-4C8O-97DA-051186EBF207 d. "College Supervisor" means the person employed or retained by the College who is responsible for the development and administration of this Internship affiliation with the Provider. 2. Purpose. a. As part of the College's educational requirements or as required for the award of a degree in a particular area of study, students must complete supervised experience, such as this Internship. b. The Provider has facilities and professional staff appropriate for this Internship. c. By entering into this Agreement, the Parties hereto do not intend that any of the College staff or any Intern is to be an employee of the Provider's for any purpose, except that to the extent that the activities performed hereunder are subject to the provisions of the Healthcare Information Portability and Accountability Act of 1996 ("HIPAA"), the Intern shall be deemed a member of the Provider's workforce at all times while performing the Internship duties and activities. The College staff and Interns shall not act as the Provider's agents or representatives in any capacity, and shall not make any commitments on behalf of the Provider. The Parties hereto are not partners, agents nor principals of one another including but not limited to, for the purposes of general and professional liability and workers compensation insurance. 3. Term. This Agreement shall commence with its signing and remain in existence for one (1) year. However, a thirty (30) day notice of termination must be given by either Party prior to the end of the period or this Agreement shall automatically be extended for a period of one (1) additional year. Subsequent annual renewals shall be on the same basis. This Agreement maybe terminated at any time pursuant to section 9 of this Agreement. Provided, however, that unless an Intern's performance is determined to be detrimental to the Provider as described in 4(e), Interns shall be permitted to complete all Internships that began prior to the Agreement End Date, and with respect to such Internships, all terms and conditions of this Agreement shall apply until the last such Internship is completed. 4. The Provider's Obligations. a. The Provider shall have sole authority and control over all aspects of client services, including those activities wherein Interns may be exposed to or interrelate with clients. b. The Provider shall, in consultation with appropriate College faculty and the College Supervisor, 'designate those clients to whom Interns may be exposed for their Internship. The Provider shall determine the dates of Intern assignments for specific duties related to the Internship. c. The Provider hereby agrees to orient Interns to the Provider's applicable policies and procedures. Page 2 of 7 DocuSign Envelope ID: 9D116CEE-0EBA-4C8D-97DA-051186EBF207 d. In light of the global COVID 19 pandemic, Provider agrees to apprise Intern of all necessary safety precautions as mandated under federal and state health guidelines and to provide Intern with any necessary personal protective equipment as required by federal and state health guidelines. e. The Provider, in its discretion, may at any time exclude from participation hereunder any Intern whose performance is determined to be detrimental to the Provider's clients, who fails to comply with proper channels of communication or the Provider's established policies and procedures, or whose performance is otherwise unsatisfactory. The Provider shall provide the College an explanation in writing of the decision to exclude an Intern from participation. f. The Provider shall contribute in the evaluation of Interns as may be requested by the College Supervisor. 5. COLLEGE Obligations. a. The College shall be responsible for academic administration, curriculum content and programming, Intern recruitment, admission, promotion and graduation, maintenance of all Intern records and reports, and final determination of all grades to be awarded to Interns for Internship participation. b. The College shall ensure that all Interns have completed all applicable prerequisite courses and any other requirements necessary prior to Internship placement. c. The College hereby agrees to apprise Interns of the confidential nature of client information. d. The College shall assist and advise Interns on the circumstances under which Interns may need to carry professional liability insurance covering Interns for all activities, acts, and omissions that may occur related to this Internship, as required by the Provider. The College shall advise Interns that proof of such insurance may be required prior to the Intern beginning the Internship. e. The College shall inform Interns of the Interns' responsibility to provide any transportation, meals, and lodging related to the Internship. f. The College personnel and students are obligated to adhere to the policies, regulations and procedures of Provider to include proof of the following: 1. Current CPR certification of students and faculty. 2. Immunizations: a. TB. b. MMR titer, proof of immunization. c. Hepatitis B, proof of immunization or signed declination waiver. 3. Criminal Background Check or arrangements made with facility. 4. Drug Screen or arrangements made with facility. Page 3 of 7 DocuSign Envelope ID: 9D116CEE-0EBA-4C8D-975A-051186EBF207 This signed assurance may be sent by way of letter or as signed statement attached to clinical rotation schedule. 6. Liability and Insurance; Governmental Immunity. Both the Provider, as a public government entity, and the College, as an entity of the State of Colorado, are entitled to certain immunities under Colorado law, including the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq. The College is self -insured for $424,000 per person and $1,195,000 per occurrence as more fully set forth in Risk Management laws, C.R.S. §§ 24-30-1501, et seq. The Parties agree that such insurance shall satisfy all insurance requirements of this Agreement except as otherwise specified herein. b. The Colorado Constitution prohibits the Provider, the State of Colorado and the College from agreeing to indemnify any other Party, public or private. In addition, the Colorado Governmental Immunity Act limits the tort liability of public entities and their employees and authorized volunteers acting in the course of authorized governmental undertakings. Any provision of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise so modified by statute. Parties to this Agreement should seek liability protection through their own insurance or otherwise. c. Workers' Compensation insurance coverage for Interns participating under this Agreement shall be provided by the College unless Intern receives remuneration from Provider for services performed, in which event, Provider shall provide workers' compensation insurance. As used herein, "remuneration" includes room, board, or other non -monetary forms of compensation. d. The College has purchased a professional liability insurance policy with limits of at least $1,000,000 for each claim and $5,000,000 in the aggregate, which covers Interns. 7. Confidentiality of Patient Information (Healthcare Information Portability and Accountability Act of 1996, "HIPAA" Requirements). The College shall ensure that its Interns, faculty members, and staff members agree to protect to the fullest extent required by law the confidentiality of any patient information generated or received by them in connection with their clinical experience, including those laws and regulations governing the use and disclosure of individually identifiable health information under Federal law, specifically 45 CFR parts 160 and 164. a. The College shall require each Intern, faculty member, and staff member who participates in the program to sign a patient confidentiality agreement which the Provider shall provide. b. The College further specifically acknowledges that in receiving, storing, processing, or otherwise handling any records of Provider patients, the College, its Interns, faculty members, and staff may be bound by Federal laws governing addictive disease patients, including 42 C.F.R. Part 2. c. The College agrees that, if necessary, it shall resist in judicial proceedings any efforts to obtain access to patient records except as permitted by law. Page 4 of 7 DocuSign Envelope ID: 9D116CEE-0EBA-4C8D-97DA-051186EBF207 d. Solely for the purpose of defining the Intern's role in relation to the use and disclosure of Provider's protected health information, such Interns are defined as members of the Provider's workforce, as that term is defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, such Interns are not and shall not be considered to be employees of the Provider. The College shall notify each Intern of his or her status and responsibilities pursuant to this Agreement. S. Family Education Rights and Privacy Act ("FERPA") Compliance. Provider shall comply with FERPA. If Provider will have access to Student Education records as defined under FERPA, Provider acknowledges that for the purpose of this Agreement it shall be designated as a "school official" with "legitimate education interests" in the Student Education Records, as those terms have been defined under FERPA and its implementing regulations, and the Provider agrees to abide by the limitations and requirements imposed on school officials. The Provider shall use Student Education Records only for the purpose of fulfilling its duties under this Agreement for the College's benefit, and shall not share such data or disclose it to any third party except as provided for in this Agreement, required by law, or authorized in writing by the College. Provider shall return or destroy Student Educational Records within a reasonable time upon completion of this Agreement, in accordance with the provisions of FERPA. 9. Termination. This Agreement may be terminated as follows: a. For Convenience. Either Party may terminate this Agreement for any reason by providing thirty days written notice to the other Party of its intention to terminate, provided that Interns shall be permitted to complete Internships that began prior to the termination notice. b. For Default. A Party shall be considered in default of its obligations under this Agreement if such Party should fail to observe, to comply with, or to perform any term, condition, or covenant contained in this Agreement and such failure continues for ten (10) days after the non -defaulting Party gives the defaulting Party written notice thereof. In the event of default, the non -defaulting Party, upon written notice to the defaulting Party, may terminate this Agreement as of the date specified in the notice, and may seek such other and further relief as may be provided by law. To the extent reasonable, the Parties shall endeavor in good faith to prevent the early termination of any ongoing Internship as a result of the termination of this Agreement under this section. 10. Notices. Any notices hereunder by either Party to the other may be delivered in person or sent by registered or certified mail, return receipt requested, to the Party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto, to the following addresses, which may from time -to -time be changed by the Parties: Provider: Weld County Public Health & Environment 1555 North 17`x' Avenue Page 5 of 7 College: Front Range Community College Contracts, Campus Box 26 DocuSign Envelope ID: 9D116CEE-OEBA-4C8D-97DA-051186EBF207 Greeley, CO 80631 Attn: Director, Finance & Administration igeiserfliweld.gov 3645 W. 112th Avenue Westminster, CO 80031 Contracts@frontrange.edu 11. No Third -Party Beneficiaries. 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 Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person. It is the express intention of the Parties that any person other than a Party to this Agreement receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 12. Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Denver, State of Colorado. 13. Assignment. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written approval of the Parties. 14. Waiver. The waiver by either Party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of the same or other provision hereof. 15. Anti -Discrimination. The Parties agree that in the performance of this Agreement, there shall be no discrimination against Interns, employees, or other persons related to sex/gender, race, color, age, creed, national origin, ancestry, physical or mental disability, veteran or military status, pregnancy status, religion, genetic information, gender identity, sexual orientation, or any other protected category under applicable local, state, or federal law (also known as "civil rights laws"), including protections against retaliation. 16. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any previous contracts, understandings, or agreements of the Parties, whether oral or written, concerning the subject matter of this Agreement. 17. Amendment. Any amendment to this Agreement must be in writing and must be signed by the Parties. 18. Severability. In the event that any provision of this Agreement is held unenforceable for any reason, the remaining provisions of this Agreement shall remain in full force and effect. 19. Commencement. This Agreement shall commence on the latter date of the signatures below. Page 6 of 7 DocuSign Envelope ID: 9D116CEE-0EBA-4C8D-97DA-051186EBF207 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT *Persons signing for Provider hereby swear and affirm that they are authorized to act on Provider's behalf and acknowledge that the State is relying on their representations to that effect. PROVIDER: weld county STATE OF COLORADO: JARED S. POLLS, GOVERNOR Department of Higher Education, by the State Board for Community Colleges and Occupational Education, for the use and benefit of Front Range Community College Legal Name of Provider Mike Freeman Name: Title: chair, commissioners DceuSigneddbbby:[. rlItittc,DocuSignedbby: C01167D612/1C1N... Signature* OEDYCODB9484E2... By: Duane E. Risse, Interim Vice President 2/27/2023 Date: Finance & Administration 2/1/2023 Date: Page 7 of 7 o c3-0519 Contract Form New c Ent Request on Entity e* Entity ID* FRONT RANGE COMMUNITY COLLEGE O00005100 ❑ New Entity? Contract Name. Contract ID FRONT RANGE COMMUNITY COLLEGE STUDENT CLINICAL 6684 AGREEMENT Contract Status CTB REVIEW Contract Lead. AGOMEZ Contract Lead Email agomez@weldgov.com Contract Description* STUDENT CLINICAL AGREEMENT WITH FRCC & WCDPHE FOR CLINICAL ROTATIONS Contract Description 2 Contract Type. AGREEMENT Amount* 80.00 Renewable NO Automatic Renewal NO Grant NO Kit NO Department HEALTH Department Email CM-Health@Aeldgov.com Department Head Email CM-Health- DeptHead@wel dgov,com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM Requested 11OCC Agenda Date* 02/15/2023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 02/ 11 !2023 Will a work session with BOCC be required?. NO Does Contract require Purchasing Dept. to be included? NO if this is a ren enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase 02/15/2023 Review Date. 12,`01:/2025 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 01,,01:2026 Purchasing Approved Date Approval Procesa Department Head TANYA GEISER DH Approved Date 02/10/2023 Frnal Apprcaal BOCC Approved BOCC Signed Date BOCC Agenda Date 02/22/2023 Originator AGOMEZ Finance Approver CHERYL PATTELLI Finance Approved Date 02/10/2023 Tyler Ref # AG 022223 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 02/13/2023 Hello