HomeMy WebLinkAbout20193746.tiffRESOLUTION
RE: APPROVE EDUCATION AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - AIMS 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 an Education Affiliation Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and Aims Community College, commencing August 1, 2019, and ending August 1,
2020, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Education Affiliation Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Department of Public Health and Environment, and Aims Community College, 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 August, A.D., 2019, nunc pro tunc August 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
ATTEST: d44e/LiA) jdto,oe„ AAILUL., -cAbtaye.A---
arbara Kirkmeyer, Chair
Weld County Clerk to the Board
Deputy Clerk to the Board
u ty Attorney
Date of signature: 0 i0.50
• L
Mike Freeman, Pro-Tem
Sea P. Conway
c.c.: HI -(TG)
9-17- /9
2019-3746
H L0051
Memorandum
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
DATE: August 13, 2019
SUBJECT: Education Affiliation Agreement with Aims
Community College
For the Board's approval is an Education Affiliation Agreement between Aims Community
College ("Aims") and the Board of County Commissioners of Weld County on behalf of the
Weld County Department of Public Health and Environment ("WCDPHE").
This Affiliation Agreement is a non -financial cooperative education agreement to provide
students clinical instruction in Public Health nursing to meet the requirements for a baccalaureate
or advanced nursing degree program. The purpose of this experience is to provide nursing
students with first-hand knowledge in a community provider setting. This agreement has an
effective date of August 1 , 2019, or as of the date it is fully executed by both parties and
continue for one (1) year and automatically renew annually thereafter. Either party may
terminate this agreement for any reason upon ninety -days written notice to the other party.
Assistant Weld County Attorney, Karin McDougal, has reviewed this Affiliation Agreement and
determined that its terms are acceptable.
Furthermore, this amendment was approved for placement on the Board's agenda via pass -around
dated August 12, 2019.
I recommend your approval of this Education Affiliation Agreement with Aims Community
College.
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020141/ 11
2019-3746
I-ILOO5I
EDUCATION AFFILIATION AGREEMENT
This Education Affiliation Agreement ("Agreement") is made and entered into this (`7+Pay
of August, 2019, by and between Weld County on behalf of the Weld County Department of
Public Health and Environment ("Agency") and Aims Community College, a local college
district ("Aims").
RECITALS
1. Aims desires to provide learning experiences for its students in certain programs
offered at the College;
2. Agency has the facilities and operations to provide the required learning
experiences for students; and,
3. Agency and Aims have the authority to enter into this Agreement.
NOW THEREFORE, in consideration of the promises, obligations of the parties, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Agency and Aims agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are incorporated fully herein by reference as though
fully set forth.
2. Term and Termination. Subject to other terms and conditions of this Agreement, this
agreement will commence on August 1st. 2019. After the one-year initial term, this
Agreement shall be deemed renewed automatically each year for an additional term (an
Automatic Renewal term). Either party may terminate this agreement at any time, without
cause or penalty, by giving the other party ninety (90) days written notice. Upon the
expiration of such period, this contract shall be terminated and of no further force and
effect except for those rights and obligations which arose, accrued, or were incurred prior
to the date of termination. Should notice of termination be given under this Section,
students then scheduled to Agency will be permitted to complete any previously
scheduled clinical or non -clinical assignment at Agency.
3. Definitions.
a. Health Programs. Health programs shall mean any and/or all programs wherein
the content includes health and human service and/or related education. Such
programs can be specifically enumerated in an exhibit if necessary for the
Agreement.
b. Instructor. Any instructional staff employed for the purpose of providing
instruction for the benefit of Aims, including but not limited to Faculty. The
terms Faculty and Instructor are used interchangeably for the purposes of this
Agreement.
c. Early Childhood Development Programs. Any and all programs wherein the
content includes components of the early childhood development and care of
children. Such programs can be specifically enumerated in an exhibit if necessary
for the Agreement.
4. Payment. No payments shall be exchanged under this agreement.
5. Agency Obligations. The Agency expressly agrees to the following:
Aims Community College Education Affiliation Agreement
Academics
Academic Year 2018-2019
Page 1 of 5
010/9-.37f166)
a. To provide training for students and/or Instructors enrolled in certain programs
offered by Aims. The dates and times for the use of these facilities by such
students shall be as mutually agreed upon by Aims and the designated supervisor
of the Agency.
b. To provide to students and instructors of Aims reasonable classroom space, and/or
conference space as available, storage space for personal belongings, library and
instructional materials. It is mutually agreed that the students and/or instructors of
Aims who may be enrolled in the aforementioned programs may utilize the above
mentioned facilities of Agency without cost to either Aims or such student or
instructor. Instructors and students may utilize the dining or cafeteria facilities
during their assigned periods of instruction at their own expense.
e. To provide such students with opportunities for observation and/or practical
experience according to this Agreement and program requirements. The
emphasis shall be on education for said students rather than services, without
disruption of the facility, or their health care services. The Agency and Aims shall
emphasize to the students the importance of patient confidentiality at all times.
d. To be entirely and solely responsible for the total care of clients. All Agreements
herein made by Agency shall inure to the benefit of only those students of Aims
who shall comply with the duly established regulations, policies, and practices of
Agency.
e. Not to employ any student trainee of Aims by the payment of wages while such
student trainee is participating in supervised clinical experience offered by Aims
at Agency's facility.
f. In its sole discretion, request the withdrawal of any student, or faculty member
whose conduct or professional competence is deemed to interfere with Agency's
obligations to provide health care or other services, or is disruptive to Agency's
operations. Aims shall immediately remove any such student or faculty member
upon verbal notification by Agency to appropriate AIMS personnel. AGENCY
will provide a written summary of the occurrence prompting withdrawal request.
6. Aims Obligations. Aims expressly agrees to the following:
a. To supervise all such students assigned to Agency clinical rotations or
experiential learning opportunities.
b. Aims agrees to utilize the appropriate channels of communication of Agency in
providing supplemental instruction and supervision of such students who may be
assigned by Aims to use the facilities of Agency.
c. Aims shall provide professional liability insurance for students and faculty of
Aims in the amount of one million dollars ($1,000,000.00) for any one occurrence
and a minimum of three million dollars ($3,000,000.00) in the aggregate covering
all occurrences during the term of this Agreement. Aims will provide to the
Agency, upon request, acceptable proof of the insurance policy along with a list
of students who are covered by the policy.
d. Aims will provide Workers Compensation Insurance to cover students'
participation in any Aims professional health care program. Aims will provide to
the Agency, upon request, acceptable proof of the insurance policy.
Aims Community College Education Affiliation Agreement
Academics
Academic Year 2018-2019
Page 2 of 5
e. The particular instructional and learning experience of the students shall be
subject to assignment by, or the approval of, the faculty instructor of Aims.
f. To require students to obtain an I I panel drug screen, and a background check.
Background checks will also be obtained on every member of Aims staff/faculty
who is responsible for supervision and/or instruction of the student(s) at the
Agency. The background check shall include verification of Aims Community
College Disqualifying Offenses, available upon request. Aims shall provide
Agency, upon request, a copy of its procedure on background checks and
admission requirements as applicable to the program. Aims shall also, supply
Agency, upon request, confirmation of students' successful completion of a
background check.
g. Students and faculty shall be responsible for payment of all medical bills for
injuries or sickness occurring in the training unless the injury or illness is a result
of the Agency's negligence. The student will assume liability for transportation
to and from the clinical site, including home health visits.
h. Students must provide the Agency documentation of the following ten (10) days
in advance of a student rotation:
• Two MMR immunizations or titer to verify immunity;
• Hepatitis B vaccination series (or a signed declaration statement);
• Two varicella vaccinations or titer to verify immunity or provided
documentation of having the disease;
• Tdap (tetanus, diphtheria, and a-pertussis) vaccination;
• Influenza vaccination (during flu season);
• Current (within current -year) QuantiFERON or PPD results (or if a known
converter, initial chest x-ray results and annual TB update documentation
thereafter from healthcare provider)
7. Mutual Duties.
a. It is mutually agreed that Agency and Aims will cooperate in a manner so as to
provide continuous evaluation of the use of the facilities for student experience.
b. The Agency and Aims are mutually bound to comply with all applicable State,
Federal, and Local laws, rules, regulations, as well as each other's institutional
policies and procedures, especially, but not limited to the Family Education Right
to Privacy Act, 20 USC 1232g, which is a federal law that protects the privacy of
student records. This includes but in no way is limited to the prohibition of
discrimination or harassment on the basis of race, creed, color, national origin,
age, gender, religion, ancestry, sexual orientation, and disability.
8. Independent Agency. Agency is an independent Agency and nothing herein shall create
the relationship of agent, employee, partner, joint venture or other relationship with
Aims. Therefore, the trustees, directors, officers, agents and employees of Aims are not
agents or employees of the Agency, and the Agency shall not be obligated to pay or
provide any compensation or benefits to such agents or employees of Aims. Likewise,
none of the board members, directors, members, shareholders, officers, agents, or
employees of the Agency are agents or employees of Aims.
9. Notice. Any notice required to be given under this Agreement shall be deemed given if
sent by certified, return receipt requested to the addresses listed in this section:
Aims Community College Edueation Affiliation Ageemcnt
Academics
Academic Year 2018-2019
Page 3 of 5
To Agency:
Tanya Geiser
Director, Administrative Services
1551 North 17t Avenue, Greeley, CO 80631
970-400-2122 tgeiser@co.weld.co.us
To Aims:
Attention: Danielle Sullivan
Clinical Site Coordinator 11
5401 W. 20th Street
Greeley, CO 80634
10. Damages. Neither Aims nor the Agency shall be held liable for damages or injuries
caused by any act or omission of the other or of the other's employees, officers, agents or
Boards related to or arising out of the performance required under this Agreement.
11. Agency. Neither party to this Agreement has the authority, actual or implied, to bind the
other party. No authority exists pursuant to this Agreement for either party to enter into
third party contracts or assume any legal obligation that may bind the other party.
12. Colorado Governmental Immunity. Notwithstanding any other section of this
Agreement to the contrary, no term or condition of this Agreement shall be construed or
interpreted as a waiver, either direct or implied, of any of the immunities, rights or
benefits provided to Aims or Agency under the Colorado Governmental Immunity Act
("CGIA"). C.R.S. § 24-10-101 et seq. The parties agree that liability for claims for
injuries to persons or property arising out of negligence is controlled and limited by the
provisions of CGIA. Any provision of this Agreement, whether or not incorporated
herein by reference, shall be controlled, limited, and otherwise modified so as to limit any
liability of the parties to the above cited law.
13. Entire Agreement. This Agreement constitutes the entire Agreement of the parties
regarding the subject matter herein and supersedes all prior Agreement's on this matter.
14. Modification and Waiver. Any modification or waiver must be in a mutually agreed
writing. The waiver of a breach of any provision of this Agreement shall not be
construed as a waiver of any subsequent breach.
15. Assignment. This Agreement cannot be assigned under any circumstances whatsoever.
Aims has contracted Agency's unique talents, skills, abilities, knowledge, and contacts;
therefore making this a personal services contract.
16. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
all parties hereto and, to the extent permitted herein, their respective legal representatives,
successors and assigns.
17. Further Assurances. Each of the parties agrees to take or to cause to be taken such
further actions, to execute, acknowledge, and deliver such further instruments, documents
and further assurances as one or more of the other parties may, from time to time,
reasonably request in order to effectuate fully the purposes, terms, and conditions of this
Agreement and the transactions contemplated herein and provide hereby.
18. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or illegal, such provision shall be re -written to effect the nearest
intent of that provision, and the remaining provisions shall remain applicable.
Aims Community College Education .Affiliation Agreement
Academics
Academic Year2018-2019
Page 4 of 5
19. Governing Law.. This Agreement shall be construed and governed in accordance with
the laws of the State of Colorado.
20. captions. The captions used in this Agreement are for convenience only and shall not
affect in any way the meaning or interpretation of the provisions set forth herein.
21. Validit . This Agreement shall not be deemed valid until it has been approved by the
Executive Vice President of Aims and the Chair of Weld County Board of County
Commissioners.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Aims Community College
5401 West 20th Street
Greeley, Co 80634
Date:
Dr. Russ Rotharmer
Executive Vice President
Aims Community College Education Affiliation Agreement
Academics
Academic Year 2018-2019
Weld County Department of Public Health
and Environment
1551 North 17th Ave,
Greeley, Co 80631
Date:
Chair, Weld County Board of
County Commissioners
Print Name and Title
E 2019
A
Page of
CMi'0 71 `ice (/)
Contract For
New Contract Request.
Entity Information
Entity
AIMS tom!
LEGF.
Entity ID'
4:1O01.0a0167
Contract Name* Contract ID
AIMS COMMUNITY COLLEGE EDUCATION AFFILIATION 3O82
AGREEMENT
Contract Status
CTB
Contract Lead*
TGEI'SER
Contract Lead Email
tgeiser(ah.c xeld.co.L_s
Contract Description."
AIMS COMMUNITY COLLEGE _DLIC ` `N AFFILIATION AGREEMENT
Contract Description 2
Contract Type*
AGREEMENT
nt*
'(ES
Automatic Renewal
S
Grant
ICA
NO
nt
Department Email
Department Head Email
CM-Heafth-
DeptHeadeIbigoi,,.•.ciarn
County Attorney.
GENERAL COUNT'(
ATTORNEY E at.`, L
County Attorney Email
CM-
COONTr`.= TT •RNE @ ' ELLS
GOV.
Requests(
Date
08'1' 1201
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project
da Due Date
0811
Will a work session with BOCC be required?*
No
Does Contract require Purchasing Dept. to be nul
i i v
if this is a renewal enter previous Contract ID
if this is part of a enter y ..• Contract ID
Note: the Previcus Contrac=t Number and Master Se4Vices Agreement Number shoo d be left blank if these contracts are not in
OnPase
Contract Dates
Effective Date
08;01,2019
Termination Notice Period
Review
�yDate*
061012020
C
itted Delivery Date
Renewal Date
08101/20%0
Expiration Date
Contact Information
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
T.ANYA GE:SEP.
DH Approved Date
1-..'2019
Final Approval
BOGC A awed
BOCC Signed Date
BOCC Agenda Date
C'6,'19/2019
Originator
T OE SER
Finance Approver
BARB , ,%_: 'r
Purchasing Approved Date
Finance Approved Date
08115/2019
T
Legal Counsel
C,DC:LGAL
Legal Counsel Approved Date
0815(2019
Submit
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