HomeMy WebLinkAbout20162808.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, and College of Health and Human Sciences, commencing upon full execution
and ending five (5) years from said date, with 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, 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 7th day of September, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di,t4,4) G: .-e:44+;e4.
Weld County Clerk to the Board
BY:
Steve Moreno
MED AS TQ, FORM:
Date of signature: to / S/ (C
Mike Freeman, Chair
•
Sea. ',Conway, Pro-Te C
rbara Kirkmeyer
cc'k-tSoCcm(JG/5e3.5
tOI DOR Co
2016-2808
HR0087
1,byrcJ )01=flsIv�
MEMORANDUM
DATE: August 22, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Child
Welfare 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 Child Welfare Academic Affiliation Agreement
with Colorado State University (CSU). The Child Welfare Division would like to provide internship
opportunities to CSU Social Work interns that have an interest in working in Child Welfare. CSU
requires an Academic Affiliation Agreement (non -financial) be signed before we offer internship
opportunities. Interns benefit us by assisting in all areas of Child Welfare, and can be considered for
regular positions that require Social Work degrees.
I do not recommend a Work Session. I recommend approval of entering into this Academic
Affiliation Agreement.
Approve Request
BOCC renda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2808
Pass -Around Memorandum; August 22, 2016 - Contract ID 663 Page 1
ACADEMIC AFFILIAT ON AGREEMENT
sEn•,E_•,
COLORADO STATE UNIVERSITY
COLLEGE OF HEALTH AND HUMAN SCIENCES
Ar4f)
WELD COUNTY DEPARTMERI OF HUMAN SERVICES
THIS AGREEMENT effective as of t netween The Board of Governors of the Colorado Slate University
System acting by and through Colorado State University for the benefit of the College of Health and Human Sciences
Fort Col ins CO 80523-1501 hereinafter referred to as 'CSU- or University and It,r,,rr! at %% chi L'r,unn L.•mnn ,i,,n.,' , rm
ch rlt ntYh� W c id a rrfn,ft I kt,nnnn:nt oft lurnirr.cn,crr . hereinafter referred to as PROVIDER
FACTUAL RECITALS
A CSU is a land grant state University with a tripartite m ss,on of education. research and outreach and is a
provider of education for students studying health and human sciences in fields including Assrslrve Technology
Occupational Therapy Food Science and Human Nutrition Hea th 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 desires students to have field practicum educational experiences that
can tie pray ded ny PROVIDER under the terms and conditions set forth in this Agreement
B Clinical or internship education and expenence is an integral component of the Un versity Program, and
CSU desires that certain of its students, and when appropriate certain of its faculty members oe permitted to visit
and utilize PROVIDER s premises to afford such students and faculty the opportunity to engage in such educational
erper ences
C CSU desires to enhance the education of CSU's students by and through this Affiliation Agreement because
PROVIDER's organization provides certain relevant services and recognizes the need for expansion of the
educational development of health and other professionals. and desires to make its organization 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
fo lows
1 RFSPor+Stn,LITIES OF CSU
1 I 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, professional eth cs. altitude and behavior
CSU will determine a student's final grade. CSU will notify the PROVIDER of student(s)' assignment(s) and
schedules) including the dales and purpose of affiliation the names) 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 oy CSU
t 3 CSU vf, I advise students and faculty assigned to PROVIDER of their responsibilities for comp ytng with the
policies rules and regulations of the PROVIDER
14 CSU will inform student(s) of their responsibility to maintain and to provide upon request a current health
record show.ng the student's physical status includingHepatitis B vaccination status and evidence of the student s
immunr_alion for mumps measles and rubella (MMR) current Manloux method PPD training in Standard
Transmission Precautions, and lollow•up on exposures
1 5 C5U 5 students wilt maintain health insurance and be responsible for all medical expenses incurred during a
clinical or internship experience and such other health information as may reasonaoty be required by PROVIDER
CSU agrees to provide each student intern with a copy of any written policies or requirements supplied by
PROVIDER ,n advance of the fiellw.ork assignment
1 6 CSU ;5 covered for worker's compensation insurance This coverage is provided Ic those students wnb
receive no pay sr remuneration and are enrolled in required on-the-job training programs EXCEPT student teaching
appointments and nternsn ps performed for CSU's own prcdrarns CSU prov,ues prolesstonal tiaeprrty insurance for
Mremifl r S tv A r-evm)
Itself as well as faculty advisors and students covering the furnishing of 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
S2.000.000 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 PROVIDERS 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 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 -field practicum 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. or having such other
credentials as are specified by CSU 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 field practicum
supervisor with CSU's designated coordinator Jointly, PROVIDER and CSU will develop objectives, methods of
instruction. and other details of the full field practicum 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
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
R'tensr,a Site Agreement 2
Re'. -sec March 24 2014
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
race. color, sex, age religion, national origin. or disability
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 Governmental 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.
SHte. ayes err
Rev,sea March 24 2014
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 field practicum learning experiences at PROVIDER at the time of termination will
be allowed to complete such field practicum learning experience at PROVIDER for the then current school semester
under the terms and conditions herein set forth unless failure to terminate an existing field practicum 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:
LeAnn Redfern
Weld County Human Services
315 N lithe Ave Bldg A
P O Box A
Greeley, CO 80632
970-400-6234
redferlx@weldgov corn
With a copy to
Judy Gnego, Director
Weld County Human Services
315 N. lithe Ave Bldg B
PO Box A
Greeley CO 80632
970-400-6210
Susan Tungate
School of Social Work
1586 Campus Delivery
Colorado State University
Fort Collins, CO 80523-1586
Phone: (970) 491-4695
Susan.Tungate@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
,='.,!errrsrp Srte Agreemert
4
Re�^.sea Marce 24 2014
3 14 No wa ver of a breach of any provision of this Agreement will be construed to be a waiver of any other
oreach 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 w
survive the expiration or termination of this Agreement regardless of the reason for termination
3 15 This Agreement contains the entire understanding of the parties and supersedes any and a I 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 Co orado State
University for allege of e h nd Human Sciences
By
Dale t eVoe. Associate Dean
Date �t��1�'
APPROVED AS TO FORM (not required for standard agreement without mod hcalions)
OFFICE OF THE GENERAL COUNSEL. COLORADO STATE UNIVERSITY SYSTEM
By
Name
__9___- !*_-L
Notes an Use This form may be used for Internship and pract cum agreements which do not require the
disbursement of funds by or on behalf of the State of Colorado Vanations from this standard form must
be reviewed by the Office et the General Counsel pr or to f nal execution of the agreement
P
5
BY:
Deputy Clerk to t
dota441 Wi'd404
13O:1R1) Oh COI `til Y C O'11ti11SSIONF.RS
Weld C'o to C erk to the Board WELD COUNTY. COLORADO
ii
\tike Freeman , Chair `40-16SEP 0-7
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