HomeMy WebLinkAbout20233133.tiffRESOLUTION
RE: APPROVE NURSE CLINICAL TRAINING AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - UNIVERSITY OF COLORADO, COLLEGE OF NURSING
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 Nurse Clinical Training Agreement
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 University of Colorado, College of Nursing, 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 Nurse Clinical Training Agreement 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 University of Colorado, College 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 23rd day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadfm)
Weld County Clerk to the Board
Bv4 • UJQA-W I c..k
Deputy Clerk to the Board
APER VED
County ttorney
Date of signature: ( 2� I Z3
Perry L. B,k, Pro-Tem
sine
CC:-1LOrc1H5)
tt /16/23
2023-3133
HL0056
bni-vac-FIa4-7soq
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Education Affiliation Agreement with University of Colorado - College of Nursing
DEPARTMENT: PUBLIC HEALTH AND ENVIORNMENT DATE: October 3, 2023
PERSON REQUESTING: Jason Chessher, Executive Director
Shaun May, Clinical & Community Health Director
Brief description of the problem/issue:
For the Board's review and approval is an education affiliation agreement between the University of
Colorado College of Nursing 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-fmancial 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 FTE is being requested.
What options exist for the Board?
With the approval of the Board, proceeding with this partnership will provide our community more
options for nursing or advanced nursing degree students to train locally in the nursing aspects related to
Public Health. This will also satisfy one of the 10 Essential Public Health Services relating to "build and
support a diverse and skilled workforce".
If the Board declines this agreement it will prevent University of Colorado Nursing students from
participating in a public health rotation at the WCDPHE as part of their degree program.
Recommendation: I recommend approval of this education affiliate agreement with the University of
Colorado College of Nursing.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments;
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
2023-3133
tD/Z3 N1-00510
UNIVERSITY OF COLORADO COLLEGE OF NURSING
CLINICAL TRAINING AGREEMENT
THIS CLINICA TRAINING AGREEMENT ("AGREEMENT") is made and entered
into on 0C4 I€,/ , 2023, by and between the WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ("AGENCY"), and The
Regents of the University of Colorado, a body corporate, for and on behalf of the
University of Colorado College of Nursing ("COLLEGE") at the Anschutz Medical Campus
(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
Revised July 2018
o2DaB- 3/33
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 self -insures for professional
liability insurance for itself and for its public employees and 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 self-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 maybe 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
Fara Bowler, DNP, APRN, CHSE
Director, Community & Clinical Health
Services
Assistant Professor and Senior Director of
the Experiential Learning Team
Weld County Dept Public Health and
Environment
CU COLLEGE of Nursing, Mail Stop 288 -
22
1555 North 17th Avenue
13120 E. 19th Avenue
Greeley, CO 80631
Aurora, Colorado 80045
970-400-2309
303-724-0281
smay@weld.gov
Nursing.ELT@cuanschutz.edu
Revised July 2018
K. Responsibility for Injuries
Pursuant to the Colorado Governmental Immunity Act, the 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:
THE REGENTS OF THE UNIVERSITY
OF COLORADO, a body corporate
By
Elias Provencio-Vasquez, RN, PhD
Dean, CU College of Nursing
10/12/2023
WELD COUNTY on Behalf of the Weld
County Dept Public Health &
Environment
By
TRmoo'
Mike Freeman,
Chair
OCT 2 3 2023
Date Date
Revised July 2018
aoao-3/33
Contract Form
Entity Information
Entity Name* Entity ID*
REGENTS OF UNIVERSITY OF @00033092
COLORADO
Contract Name"
UNIVERSITY OF COLORADO COLLEGE OF NURSING
CLINICAL TRAINING AGREEMENT
Contract Status
CTB REVIEW
O New Entity?
Contract ID
7504
Contract Lead *
AGOMEZ
Contract Lead Email
agomez@weldgov.com;tg
eiser@weld.gov;Health-
Contracts@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
REGENTS OF UNIVERSITY OF COLORADO CLINICAL TRAINING AGREEMENT NON -FINANCIAL COOPERATIVE
EDUCATION TO PROVIDE NURSING STUDENTS WITH HIGH-LEVEL CLINICAL LEARNING EXPERIENCE IN PUBLIC
HEALTH
Contract Description 2
Contract Type* Department
AGREEMENT HEALTH
Amount"
$ 0.00
Renewable"
NO
Automatic Renewal
Grant
IGA
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
Requested BOCC Agenda Due Date
Date* 10/07/2023
10/11/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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*
09/01/2028
Committed Delivery Date
Renewal Date
Expiration Date*
10/11/2028
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
10/16/2023 10/16/2023 10/16/2023
Final Approval
BOCC Approved Tyler Ref #
AG 102323
BOCC Signed Date Originator
AGOMEZ
BOCC Agenda Date
10/23/2023
Hello