HomeMy WebLinkAbout20232042.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR EMPLOYMENT -BASED ACADEMIC AFFILIATION
AND AUTHORIZE CHAIR TO SIGN - COLORADO STATE UNIVERSITY
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 Employment -Based
Academic Affiliation 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 Human Services, and
Colorado State University, for the benefit of the College of Health and Human Sciences,
commencing August 1, 2023, and ending July 31, 2028, 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 Employment -Based Academic Affiliation 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 Human Services, and Colorado State University, for the
benefit of the College of Health and Human Sciences, 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 19th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wddrett,t) .444; vk
Weld County Clerk to the Board
Deputy Clerk to the Board
County Att•'rney
'1
Date of signature: _
Mi. - r- -man, Chair
Perr , L. Buc:. Pro-Tem
cc :1-(S b
Of/i5 /23
2023-2042
HR0095
Con-ivQC+1D 7l
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 11, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Employment -Based Academic Affiliation
Agreement with Colorado State University (CSU)
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Employment Based Academic Affiliation
Agreement with Colorado State University (CSU). The Weld County Department of Human
Services (WCDHS) has offered employment -based internship opportunities to CSU Social Work
students. Under this agreement, current WCDHS employees can use their current job as their
CSU degree required internship.
The term for this Agreement is from August 1, 2023 and will be effective fora period of (5)
years thereafter.
This Agreement has been reviewed and approved by legal (B. Howell).
I do not recommend a Work Session. I recommend approval of this Employment -Based
Academic Affiliation Agreement and authorize the Chair to sign.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve Schedule
Recommendation Work Session Other/Comments:
Pass -Around Memorandum; July 11, 2023 — CMS ID 7213
Page 1
2023-2042
-7/19
H12-0095
ACADEMIC AFFILIATION AGREEMENT — Employee
BETWEEN
COLORADO STATE UNIVERSITY
COLLEGE OF HEALTH AND HUMAN SCIENCES
AND
WELD COUNTY
THIS AGREEMENT, effective as of August 1, 2023, between The Board of Governors of the Colorado State University
System, acting by and through Colorado State University, for the benefit of the College of Health and Human
Sciences, Fort Collins, CO 80523-1501 hereinafter referred to as "CSU" or "University", and Weld County,
hereinafter referred to as "PROVIDER."
FACTUAL RECITALS
A. CSU is a land-grant state University with a tripartite mission of education, research and outreach and is a
provider of education for students studying health and human sciences in fields including Assistive Technology,
Occupational Therapy, Food Science and Human Nutrition, Health and Exercise Science, Human Development
and Family Studies, Social Work, and other sciences, hereinafter referred to as "Programs," which require the
educational facilities of PROVIDER and CSU students to have internship educational experiences that can be
provided by PROVIDER under the terms and conditions set forth in this Agreement.
B. Internship education and experience is an integral component of the University Program, and CSU desires
that certain of its students, and when appropriate, certain of its faculty members be permitted to visit and utilize
PROVIDER's premises to afford such students and faculty the opportunity to engage in internship educational.
experiences.
C. CSU desires to enhance the educational programs and internship education of CSU's students by and
through this Affiliation Agreement because PROVIDER's facility is a facility licensed by the state in which it does
business, recognizes the need for expansion of the educational development of health professionals, and desires to
make its premises available for such purposes. PROVIDER is an established provider of such services.
D. One or more students who wish to participate in an internship are existing employees of PROVIDER and
PROVIDER is willing to allow them to engage in an internship with PROVIDER with the understanding that
internship activities are educational experiences separate from such student's work activities and responsibilities.
NOW, THEREFORE, in consideration of the mutual agreements set forth herein, PROVIDER and CSU agree as
follows:
1. RESPONSIBILITIES OF CSU
1.1 CSU will plan and implement an educational program for its students and will determine the adequacy of
the educational experience of its students in theoretical training, basic skills in the provision of health care,
professional ethics, attitude, and behavior. CSU will determine a student's final grade. CSU will notify the
PROVIDER of student(s)' assignment(s) and schedule(s), including the dates and purpose of affiliation, the
name(s) of the student(s), and the level of academic preparation.
1.2 CSU will refer to the PROVIDER only those students who are adequately prepared as determined by CSU.
1.3 CSU will advise students and faculty assigned to PROVIDER of their responsibilities for complying with the
policies, rules, and regulations of the PROVIDER.
1.4 CSU will inform student(s) of their responsibility to maintain and to provide upon request a current health
record showing the student's physical status, including Hepatitis B vaccination status and evidence of the student's
immunization for mumps, measles, and rubella (MMR), COVID vaccine, current Mantoux method PPD, training in
Standard Transmission Precautions, and follow-up on exposures.
1.5 CSU agrees to, at the written request of PROVIDER, remove from PROVIDER'S program any student who,
in the discretion of PROVIDER, has performed unsatisfactorily or whose behavior or activities are inappropriate or
detrimental to the PROVIDER'S provision of health care to its clients or which is contrary to the objectives of this
Agreement. Requests for such removal of a student must be provided in writing and contain a statement of facts
Internship Site Agreement - CHHS - Employment -Based Internship 1
Revised: July 6, 2022
supporting such request by PROVIDER. PROVIDER retains the right to effect such removal, without prior notice, of
any student if the circumstances are such that failure to remove the student would, in the judgment of PROVIDER,
endanger the life, health or safety of any person or the safe and efficient operation of PROVIDER'S facility. The
University acknowledges that student interns participating in internships are at will employees of the PROVIDER,
and that the PROVIDER has the right, in compliance with applicable laws, to terminate the student intern's
employment at any time, with or without cause.
1.6 CSU agrees that it will advise each student that they may be subject to a requirement that a criminal
background investigation be conducted before the student can commence the internship fieldwork assignment.
Unless otherwise agreed in writing, PROVIDER shall be solely responsible for conducting the investigation or
causing the student to be responsible for such check, and PROVIDER agrees that CSU shall have no liability for
the investigation, or any decisions made by PROVIDER on the basis of the investigation. If PROVIDER requires
CSU to conduct the investigation, a separate Background Check Addendum shall be executed by the parties in a
form acceptable to CSU, stating the specific requirements of the investigation and that Provider acknowledges and
agrees that CSU shall not be liable for any inaccuracy, omission, misinterpretation, or error in the investigation
report. CSU may require a student to sign a release of liability in connection with such investigation. PROVIDER
agrees to promptly notify CSU of any decision made by PROVIDER on the basis of the investigation, regardless of
which party conducts it.
2. RESPONSIBILITIES OF THE PROVIDER
2.1 PROVIDER will retain ultimate responsibility for provision of all client/patient care or patron service and that
such care or service is its first priority of care to its patients or clients.
2.2 Student interns participating in paid training experiences shall be considered W2 employees of the
PROVIDER, entitled to all of the protections of the PROVIDER's other employees, and shall be covered under the
PROVIDER's Workers' Compensation and Liability Insurance. The PROVIDER will compensate the students for
time spent performing work for the PROVIDER at an hourly rate in compliance with applicable wage and hour laws.
The PROVIDER shall indemnify and hold the University harmless from any tax liabilities related to PROVIDER's
payment to paid student interns.
2.3 Each Party agrees that the student interns will be participating in a learning situation and that the primary
purpose of the placement is for the student interns' learning. It is further understood that the student interns shall
perform duties as part of their training under the direct supervision of the PROVIDER.
2.4 The PROVIDER retains the right to terminate a student intern participating in a paid internship at any time,
with or without cause, consistent with applicable law. The PROVIDER will make reasonable efforts to notify the
University in advance of such removal.
2.5 PROVIDER will make available to assigned students, appropriate accommodations, equipment and
supplies in order to provide meaningful, supervised internship educational experiences. Such accommodations will
include an environment conducive to the learning process which conforms to PROVIDER'S customary practices
and procedures.
2.6 PROVIDER will provide each student with access to a planned supervised program consistent with the
educational objectives and program established by CSU. PROVIDER will evaluate the performance of the CSU
student(s) in writing, using forms provided or approved by CSU. PROVIDER will permit CSU students to perform
services for PROVIDER patients or clients only when under the direct supervision of a registered, licensed or
certified PROVIDER caregiver licensed in the discipline in which supervision is to be provided. Students will work,
perform assignments, and participate in rounds, clinics, staff meetings, and in-service education programs at the
discretion of supervisors designated by the PROVIDER.
2.7 PROVIDER will designate a member of its staff to coordinate this program and function as internship
supervisor with CSU's designated coordinator. Jointly, PROVIDER and CSU will develop objectives, methods of
instruction, and other details of the full internship experience contemplated by this Agreement.
2.8 PROVIDER will advise CSU in a timely manner of any serious deficiency noted in an assigned student's
performance. In such event, the PROVIDER and CSU will attempt to devise a plan by which the student may be
assisted in achieving the stated objectives of the educational program. PROVIDER has the right to require CSU to
withdraw any student whose health (despite reasonable accommodation) or performance is a detriment to patient,
client or patron well-being or to the achievement of the objectives of the affiliation.
Internship Site Agreement - CHHS - Employment -Based Internship 2
Revised: July 6, 2022
3. MUTUAL RESPONSIBILITIES OF CSU AND PROVIDER
3.1 CSU and PROVIDER will establish education objective(s) for the affiliation, devise methods for their
implementation, and evaluate their effectiveness. CSU and PROVIDER will determine the number of students
assigned to the PROVIDER and the length of the assignment.
3.2 The Parties hereto are not partners, agents, nor principals of one another. The University's staff shall not
act as the PROVIDER'S agents or representatives in any capacity and shall not make any commitments on behalf
of the PROVIDER.
3.3 CSU faculty and staff will not be considered employees of PROVIDER for any purpose and will not hold
themselves as employees or agents of PROVIDER or otherwise make any representation or commitment on behalf
of PROVIDER; nor will PROVIDER staff be considered employees of CSU for any purpose, and will not hold
themselves out as employees or agents of CSU or otherwise make any representations or commitments on behalf
of CSU. PROVIDER will in no way be required to provide any pecuniary benefits, salaries, wages, or fringe benefits
to faculty or staff of CSU, and likewise, CSU will in no way be required to provide such pecuniary benefits to
employees or agents of PROVIDER. Notwithstanding the foregoing, if PROVIDER is a "covered entity" within the
meaning of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Intern shall be deemed a
member of the PROVIDER'S workforce in accordance with 45 C.F.R. § 160.103 at all times while performing the
Internship duties and activities for the PROVIDER. The PROVIDER shall be responsible for providing appropriate
training and direction to the Intern concerning the confidentiality of the PROVIDER'S protected health information
under HIPAA. The University will take reasonable measures to protect the confidentiality of any protected health
information used or disclosed to the University as part of the internship for educational purposes.
3.4 Both parties will comply with the letter and spirit of applicable laws regarding discrimination on the basis of
origin, race, color, sex, sexual orientation, age, religion, creed, gender identity, national origin, disability, or any
other basis protected by law.
3.5 Both parties recognize that they are bound to comply with the Family Educational Rights and Privacy Act
(FERPA or the Buckley Amendment) in the handling of educational records of students enrolled in their programs.
Educational records do not include records created or maintained with respect to an intern's employment with
PROVIDER. 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. It is also agreed that each party will thoroughly
orient their employees and agents of their obligations under FERPA and will maintain their practices in strict
accordance with the requirements of that Act. Neither party will be permitted to authorize any further disclosure of
educational records of students of the other party 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 FERPA. Any permitted disclosure to persons or entities not a party to this
Agreement will be under the condition that no further disclosure by such parties will be permitted.
3.6 The parties hereto understand and agree that liability for any claims for injuries to persons or property
arising out of the acts or omissions of the University, its agents or employees or students will be controlled and
limited by the provisions of CRS 24-10-101, et seq. The provisions of this Affiliation Agreement will be controlled,
limited and otherwise modified by the above -cited laws. Nothing herein shall be construed as a waiver or limitation
upon governmental and sovereign immunities conferred by law. In the event of a breach of this Agreement by either
party, the sole remedy of the non -breaching party shall be agreement termination pursuant to section 3.10, and
neither party shall, under any circumstances, be liable to the other for any money damages, expenses, or attorney
fees.
3.7 Any amendments to this Agreement will be effective only if in writing and signed by the parties hereto.
3.8 This Agreement will become effective on the date set forth first above, and will remain in effect for a period
of five years thereafter, or as other provisions for termination contained herein may allow. In the event this
Agreement is not renewed for a subsequent term or is otherwise terminated as contemplated herein, students of
CSU who are participating in the internship learning experiences at PROVIDER at the time of termination will be
allowed to complete such internship learning experience at PROVIDER for the then current school semester under
the terms and conditions herein set forth unless failure to terminate an existing internship learning program would
create an unreasonable risk of harm to any person.
Internship Site Agreement - CHHS - Employment -Based Internship 3
Revised: July 6, 2022
3.9 Neither party to this Agreement will be deemed to be in violation of this Agreement if it is, or reasonably
determines it is, prevented from performing any of its duties or obligations for any reason beyond such party's
control, including, without limitation, flood, storm, strikes, acts of God or the public enemy or statute, ordinance,
regulation, rule or action or any applicable governmental entity.
3.10 Either party may terminate this Agreement during its term as follows:
(A) For breach, and that party seeking to terminate the Agreement will provide the other party written
notice of the alleged cause. The alleged breaching party will have thirty (30) calendar days after receipt of
notice to remove the cause or cure the breach. If the cause is removed or the breach cured within that 30 -
day period, the Agreement will remain in force and effect. In the event the cause is not removed, or the
breach is not cured within the 30 -day period, the party providing notice may thereafter terminate the
Agreement.
(B) Without cause, this Agreement may be terminated at any time for convenience by either party
hereto upon ninety (90) days' written notice given in accordance with the Notice provision of this
Agreement. The parties will make every reasonable effort to permit student interns whose fieldwork
assignment with PROVIDER has commenced, or is scheduled to commence, to complete the assignment
despite Agreement termination, and so long as such assignments remain in effect, all provisions of this
Agreement shall remain in effect as to such students.
3.11 Notices. All notices required to be given pursuant to this Agreement shall be given by email and shall be
effective upon the receipt by the sending party of written confirmation by the receiving party; provided, however,
that an automated email confirmation of delivery or read receipt shall not constitute such confirmation. A party may
change its designated representative at any time by written notice given in the same manner as any other notice.
The initial representatives are:
For PROVIDER:
Jamie Ulrich
Director
Weld County Department of Human Services
315 North 11. Avenue, Building A
P.O. Box A
Greeley, CO 80632
(970) 400-6510
ulrichii cr.weld.gov
For CSU:
Keli Murray
Colorado State University
School of Social Work
1586 Campus Delivery
Fort Collins, CO 80523-1586
(970) 491-6203
Keli.murray@colostate.edu
With a copy to:
Office of the General Counsel
01 Administration Building
Campus Delivery 0006
Fort Collins, CO 80523-0006
Phone: (970) 491-6270
Fax: (970) 491-2118
3.12 The invalidity or unenforceability of any provision of this Agreement will not affect the validity or any other
provision.
3.13 Any headings used herein are for convenience only and do not limit or expand this Agreement.
3.14 No waiver of a breach of any provision of this Agreement will be construed to be a waiver of any other
breach of this Agreement, whether of a similar or dissimilar nature.
3.15 Any provisions of this Agreement creating obligations extending beyond the term of this Agreement will
survive the expiration or termination of this Agreement, regardless of the reason for termination.
3.16 Either party may assign its rights or obligations hereunder without the prior written approval of the other;
provided, however, that such an assignment may be made only to an entity which is directly or indirectly, wholly
owned or controlled by the same entity as the assigning party.
3.17 This Agreement contains the entire understanding of the parties and supersedes any and all previous
agreements.
Internship Site Agreement - CHHS - Employment -Based Internship 4
Revised: July 6, 2022
CSU:
STATE OF COLORADO
The Board of Governors of the Colorado State University System, acting by and through Colorado State
University for College of Health and Human Sciences:
By:J eAberle 70125, 2023 09:25 MDT)
Jennifer Aberle,
Associate Dean for Undergraduate Affairs
Date: Jul 25, 2023
APPROVED AS TO FORM (not required for standard agreement without modifications):
OFFICE OF THE GENERAL COUNSEL, COLORADO STATE UNIVERSITY SYSTEM
BY:
NAME:
PROVIDER:
Board of Weld
County Commissioners
f,
eW) G .L0; lam•
ATTEST:
Weld Cou a to the Bord
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
LD
Mike Freeman, Chair JUL 1 9 2023
dD,?�-oZof
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
Internship Site Agreement - CHHS - Employment -Based Internship 5
Revised: July 6, 2022
Social Work and Weld County Affiliation
Agreement - Employment -based
Final Audit Report
2023-07-25
Created: 2023-07-25
By: Keli Murray (Keli.Murray@colostate.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAoHOjMQFI0fgWmQnkW2lziVluxcFrOtXk
"Social Work and Weld County Affiliation Agreement - Employm
ent-based" History
,n Document created by Keli Murray (Keli.Murray@colostate.edu)
2023-07-25 - 1:45:06 PM GMT- IP address: 72.132.202.41
2',. Document emailed to Jennifer Aberle (jennifer.aberle@colostate.edu) for signature
2023-07-25 - 1:45:53 PM GMT
,n Email viewed by Jennifer Aberle (jennifer.aberle@colostate.edu)
2023-07-25 - 3:25:00 PM GMT- IP address: 174.234.16.125
E Jennifer Aberle (jennifer.aberle@colostate.edu) has agreed to the terms of use and to do business electronically
with COLORADO STATE UNIVERSITY/RAMTECH
2023-07-25 - 3:25:15 PM GMT- IP address: 174.234.16.125
dS Document e -signed by Jennifer Aberle (jennifer.aberle@colostate.edu)
Signature Date: 2023-07-25 - 3:25:15 PM GMT - Time Source: server- IP address: 174.234.16.125
0 Agreement completed.
2023-07-25 - 3:25:15 PM GMT
Adobe Acrobat Sign
Contract Form
New Contract Request
Entity Information
❑ New Entity?
Entity Name* Entity ID*
COLORADO STATE UNIVERSITY x°00002340
Contract Name"
COLORADO STATE UNIVERSITY (EMPLOYMENT -BASED
ACADEMIC AFFILIATION AGREEMENT)
Contract Status
CTB REVIEW
Contract ID
7213
Contract Lead
COBBXXLK
Contract Lead Email
cobbxxlkA,co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description
(NEW) EMPLOYMENT -BASED ACADEMIC AFFILIATION AGREEMENT. TERM: AUGUST 1. 2023 FOR A PERIOD OF FIVE YEARS
(2028)
Contract Description 2
PA IS BEING ROUTED THROUGH THE NORMAL PROCESS. ETA TO CTB: 7 1 3,`23.
Contract Type
AGREEMENT
Amount"
00.00
Renewable"
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServicesonweldgov.co
Department Head Email
CM-HumanServices-
DeptHead0weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
C OU NTYATTO RN EYWWELDG
O!V`.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter NSA Contract ID
Requested BOCC Agenda
Date"
07r'19i2023
Due Date
07x`1 5; 2023
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
Review Date.
05 31,2028
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Expiration Date*
07/31/2028
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
07/10/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07119`2023
Originator
COBBXXLK
finance Approver
CHERYL PATTELLF
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
07;`10: 2023 07 10/'2023
Tyler Ref It
AG 071923
Hello