HomeMy WebLinkAbout20212260.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR 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 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 upon
full execution of signatures and ending five (5) years from said date, 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 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 28th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: doff, �JiC,LtO•�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPR
County Attorney
Steve Mor
Scot
Date of signature: O'/oN/2I
ike Freeman
CC: HSD
o£5(o5/d21
2021-2260
HR0093
064ratt Zi.45050
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 20, 2021
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: 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 Academic Affiliation Agreement with Colorado State
University (CSU). The Division of Child Welfare (CW) has offered internship opportunities to CSU
Social Work students since 2016. The current Academic Affiliation Agreement, identified as Tyler ID
2016-2808, is set to expire on September 14, 2021. CW would like to enter into another five (5) year
Agreement to continue offering internship opportunities to CSU Social Work students. The County has
no financial obligations under this Agreement.
The term for this Agreement is the date of execution for a period of (5) years thereafter.
This Agreement has been reviewed and approved by legal (G. Kalousek).
I do not recommend a Work Session. I recommend approval of this Academic Affiliation Agreement and
authorize the Chair to sign.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session
Other/Comments:
Pass -Around Memorandum; July 20, 2021 — ID 5050 Page 1
2021-2260
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ACADEMIC AFFILIATION AGREEMENT
BETWEEN
COLORADO STATE UNIVERSITY
COLLEGE OF HEALTH AND HUMAN SCIENCES
AND
WELD COUNTY
THIS AGREEMENT, effective as of �. �,,/ between The Board of Governors of the Colorado State
University System, acting by and tg•u•j Coorado State University, for the benefit of the College of Health and
Human Sciences, Fort Collins, O 80523-1501 hereinafter referred to as "CSU" or "University", and
Weld County 1150 "O" Street, Greeley, Colorado 80631, 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 ExerciseScience, Human Development
and Family Studies, Social Work, and other sciences, hereinafter referred to as "Programs," which require the
educational facilities of PROVIDER and CSU desires students to have clinical educational experiences that can be
provided by PROVIDER under the terms and conditions set forth in this Agreement.
B. Clinical or 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 clinical educational
experiences.
C. CSU desires to enhance the educational programs and clinical 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.
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), current Mantoux method PPD, training in Standard
Transmission Precautions, and follow-up on exposures.
1.5 CSU's students will maintain health insurance and be responsible for all medical expenses incurred during
a clinical or internship experience and such other health information as may reasonably be required by
PROVIDER. CSU agrees to provide each student intern with a copy of any written policies or requirements
supplied by PROVIDER in advance of the fieldwork assignment.
1.6 CSU is covered for worker's compensation insurance. This coverage is provided to those students who
receive no pay or remuneration and are enrolled in required on-the-job training programs, EXCEPT student
Internship Site Agreement - CHHS 1
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teaching appointments and internships performed for CSU's own programs. CSU provides professional liability
insurance for itself, as well as faculty, advisors and students, covering the furnishing of healthcare services by
students within the scope of this Agreement as well as the training, advising and supervising of students by faculty
and advisors, in an amount of $2,000,000 per occurrence and $5,000,000 aggregate. CSU warrants that at all
times herein, it maintains Higher Education liability insurance for itself, its employees and faculty acting within the
course and scope of their employment, in an amount of $15,000,000 per occurrence. CSU's Higher Education
liability insurance carries a self -insured retention of $500,000 per occurrence. This insurance is excess over CSU's
retention. If required by PROVIDER, CSU will furnish PROVIDER a copy of CSU's student professional liability
insurance policy or certificate of insurance evidencing proof of coverage. If PROVIDER wishes to be added as an
additional insured on CSU's student professional liability policy, PROVIDER must notify CSU and a certificate of
student professional liability insurance certifying PROVIDER as an additional insured will be issued to PROVIDER.
If required by PROVIDER, each student will be notified to obtain general liability insurance within PROVIDER'S
required limits and to furnish evidence of such insurance to PROVIDER. CSU will notify each student to provide
PROVIDER with any change in coverage at least ten days prior to any change going into effect.
1.7 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 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.
1.8 CSU agrees that it will advise each student that he or she 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, 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 PROVIDER will make available to assigned students, appropriate accommodations, equipment and
supplies in order to provide meaningful, supervised clinical educational experiences. Such accommodations will
include an environment conducive to the learning process which conforms to PROVIDER'S customary practices
and procedures.
2.3 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.
2.4 PROVIDER will designate a member of its staff to coordinate this program and function as clinical
supervisor with CSU's designated coordinator. Jointly, PROVIDER and CSU will develop objectives, methods of
instruction, and other details of the full clinical experience contemplated by this Agreement.
2.5 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
Internship Site Agreement - CHHS 2
Revised: March 12, 2021
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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.
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 CSU and PROVIDER agree that no money will be paid by either party to the other under the terms and
conditions of this Agreement and that the mutual benefits contained herein constitute sufficient consideration. The
parties to this Agreement intend that the relationship contemplated by this Agreement is that of independent entities
working in mutual cooperation. The Parties hereto are not partners, agents, nor principals of one another. The
University's 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.
3.3 CSU faculty, staff, and students will not be considered employees 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, staff or students 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 Intern 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.
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 (a) 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.
(b) As Provider is also a government entity, no term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Government Immunity Act of §§24-10-101 et. seq ., as applicable now or hereafter
amended with regards to Provider.
3.7 Any amendments to this Agreement will be effective only if in writing and signed by the parties hereto.
Internship Site Agreement - CHHS 3
Revised: March 12, 2021
LJUL.U. Iy II CI I VCIUEJC ILJ. LJU f I ,LF-CUU J- f 1-0000-0 I Jl,OGOOLJUYl,
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 clinical learning experiences at PROVIDER at the time of termination will be
allowed to complete such clinical learning experience at PROVIDER for the then current school semester under the
terms and conditions herein set forth unless failure to terminate an existing clinical learning program would create
an unreasonable risk of harm to any person.
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 effective when delivered in
writing by hand or by certified mail, return receipt requested, or by overnight delivery service with signature required
upon delivery, or on the next business day when sent by facsimile transmission (actual receipt of which shall be
confirmed by telephone call by the sending party to the receiving party), to the designated representative of the
party to be noticed. 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:
For CSU:
Heather Walker
Weld County Human Services
315 N. 11th Ave. Bldg. A
P.O. Box A
Greeley, CO 80632
(970) 400-6218
Fax
walkerhd@weldgov.com
With a copy to:
Jamie Ulrich, Director
Weld County Human Services
315 N. 11th Ave. Bldg. A
P.O. Box A
Greeley, CO 80632
ulrichjj@weldgov.com
Liz Davis
Colorado State University
School of Social Work
1586 Campus Delivery
Fort Collins, CO 80523-1586
(970) 491-3433
Liz.davis@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.
Internship Site Agreement - CHHS 4
Revised: March 12, 2021
LJul.uOly I I CI I VCIui.JO IV. ci yr t ncr-u)'-YCDI-ODVO-DI JL DCu.7L.IV'tl.
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 This Agreement contains the entire understanding of the parties and supersedes any and all previous
agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
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: ,-DocuSigned by:
By: I j bth _' Q�et-Ytt,
Jennifer Aberle3DF0s5n�A�dSs65...
Associate Dean for Undergraduate Affairs
7/14/2021
Date:
APPROVED AS TO FORM (not required for standard
agreement without modifications):
OFFICE OF THE GENERAL COUNSEL,
COLORADO STATE UNIVERSITY SYSTEM
By:
DocuSigned by:
Sow4jer
/h9U529b/F4t41F._.
Name: Linda Schutier, Senior Legal Counsel
PROVIDER:
ATTEST. X169;
Weld Pou r ty Clerk to the B
APPROVED AS TO FORM
By: /J
Name: Gabriel Kalousek
Title: Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
teve Moreno, Chair [JUL 2 8 2021
Internship Site Agreement - CHHS
Revised: March 12, 2021
02002/-c>10---415
Contract Form
Entity Information
New Contract Request
Entity Name* Entity ID*
COLORADO STATE UNIVERSITY g'00002340
❑ New Entity?
Contract Name* Contract ID
COLORADO STATE UNIVERSITY ACADEMIC AFFILIATION 5050
AGREEMENT
Contract Status
CTB REVIEW
Contract Lead*
APEGG
Contract Lead Email
apegggvveldgov.com:cobbx
x l k:wel dgov. corn
Parent Contract ID
Requires Board Approval
YES
Department Project I
Contract Description*
NEW ACADEMIC AFFILIATION AGREEMENT. TERM: DATE OF SIGNATURE (2021) FOR A PERIOD OF FIVE YEARS (2026)
Contract Description 2
PA IS BEING ROUTED THROUGH THE NORMAL PROCESS. ETA TO CTB: 7 22 21
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HurnanServices@weldgov.co
In
Department Head Email
CM-HumanServices-
DeptHead veldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY @WELDG
OV.COM
Requested BOCC Agenda
Date*
08 25 2021
Due Date
08 21 2021
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
Date
Review Date*
0701 x2026
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Expiration Date*
09/0172026
Contact Type Contact Email Contact Phone 1 Contact Phone 2
rig 'a,•- over Purchasing Approved Date
Approval Process
Department Head
JAMIE ULRIC:H
DH Approved Date
07;16,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07128x2021
Originator
APEGC
Finance Approver
BARB CONNOLLY
Legal Counsel
GABE KALOUSEK
Finance Approved Date Legal Counsel Approved Date
07:20/2021 07 20,2021
Tyler Ref
AG 072821
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