HomeMy WebLinkAbout20150412.tiff RESOLUTION
RE: APPROVE NURSING AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- REGIS UNIVERSITY LORETTO HEIGHTS SCHOOL OF NURSING
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Nursing 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
the Regis University Loretto Heights School of Nursing, commencing December 1, 2014, and
continuing for five (5) years with the option to automatically renew annually thereafter, 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 Nursing 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 the Regis University Loretto
Heights School of Nursing be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of February, A.D., 2015, nunc pro tunc December 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, OLORADO
ATTEST: � /
j 'ok B rbara Kirkmey r, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
B .
uty Clerk t the Boar EXCUSED
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2015-0412
HL0047
1861 Memorandum
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A r j. TO: Barbara Kirkmeyer, Chair
3 G p U N T Y j Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: February 5, 2015
SUBJECT: Nursing Affiliation Agreement with Regis
University
Enclosed for Board review and approval is a Nursing Affiliation Agreement between Loretto
Heights School of Nursing at Regis University ("Regis") and 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 shall commence on December 1, 2014, or as of the date it is fully executed by both
parties, and continue for five (5) years and automatically renew annually thereafter. Either
party may terminate this agreement for any reason upon thirty (30) days written notice to the
other party.
Assistant Weld County Attorney, Frank Haug, has reviewed this Affiliation Agreement and
determined that its terms are acceptable.
I recommend your approval of this Nursing Affiliation Agreement with Regis University.
2015-0412
, DIY- Memorandum
6
') I / r. •• TO: Susan Brown, Clerk to the Board
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FROM: Skye GOUN 1 Turchado
"
Department of Public Health &Environment
DATE: February 5, 2015
SUBJECT: Routing Request—BOCC Agenda
The following documents have been approved for placement on the Board's meeting agenda
for the Board's final approval and the Chair's signature. We would like to have these items
placed on the Board's agenda for Monday, February 9, 2015.
NEW BUSINESS:
2 Original(s): Nursing Affiliation Agreement with Regis University
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CONSENT AGENDA: /AA; 'u'
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Once signed by the Chair, please return the original, signed documents to my attention.
If you have any questions, or if you require anything further in this regard, please let me know. I
can be reached at Extension 2102 or via email.
As always, thank you for all of your help with processing our paperwork with the Board.
NURSING AFFILIATION AGREEMENT
Loretto Heights School of Nursing
Regis University
This Agreement made and entered into as of December 1, 2014, by and between
Regis University, for the use and benefit of the School of Nursing (hereinafter referred to
as "University") and Weld County Department of Public Health and Environment
(hereinafter referred to as "Agency").
WITNESSETH:
WHEREAS, University conducts an education program for the preparation
of professional practitioners of nursing on the Baccalaureate, Masters level and
Doctorate level, an integral portion of which program includes the opportunity for
students to engage in practical application of classroom instruction in a clinical
environment and
WHEREAS, Agency has facilities available for clinical instruction in
preparation of students in the profession of nursing and desires to have University's
students referred to its Agency; and
WHEREAS, University desires to have the opportunity to refer its students
to Agency for clinical instruction and experience; and
WHEREAS, University and Agency desire to define their respective
obligations and duties to the other and establish a written structure for their continued
relationship and cooperation;
NOW THEREFORE, in consideration of the foregoing premises and the
covenants and agreements hereinafter set forth, University and Agency agree as follows:
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I. RESPONSIBILITIES OF THE UNIVERSITY
1. University shall determine the content of, the manner of presentation, and all
other academic and administrative aspects of the learning experiences of
University students conducted under the auspices of this Agreement except as
otherwise provided herein.
2. University shall provide for the administration and operation of the courses which
are part of the School's curriculum, including such programs of study offered
students using the Agency facilities.
3. University shall solely determine the qualifications of students entitled to
participate in the learning experiences conducted under the auspices of this
Agreement, subject to the restrictions and limitations established by the Agency.
4. University shall select, in consultation with the cooperating professional nursing
staff of Agency, learning experiences to which the students will be assigned from
among those learning opportunities made available by the Agency. Dates and
times for the use of these facilities by such students shall be mutually determined
by University and Agency.
5. University shall orient all students referred to Agency facility to those Agency
policies, rules and regulations identified by Agency and provided to the School of
Nursing Director in writing which are applicable to their presence on and conduct
of activities at Agency's facilities.
6. University will provide an adequate amount of professional liability insurance
(minimum $1,000,000/$3,000,000), covering all individual nursing students and
instructors utilizing the Agency facilities which will cover any malpractice claim
resulting from carrying out their functions at the Agency.
7. University shall require that all students referred to Agency under this Agreement
carry health insurance coverage under University's health insurance program or
under a comparable accident and sickness health insurance plan.
8. The University shall provide worker's compensation insurance to the extent
required by law excluding coverage in Washington and Ohio and commercial
general liability insurance.
9. University personnel and students shall be obligated to adhere to the policies,
regulations and procedures of Agency provided Agency provides advance
notification of such policies, regulations and procedures to the University as
provided in Section II, Number 1 or directly to University personnel or students
affected.
10. University shall immediately upon notice remove any student from Agency
program under this Agreement whom Agency determines, in its reasonable
discretion, imposes an unreasonable risk of harm to Agency personnel, clients,
property, or who violates Agency policies, regulations or procedures despite
warning.
11.The School of Nursing Director or delegatee will be the liaison officer and the
principal contact between Agency and University for purposes of administration
of this Agreement.
12. Students must provide the Agency documentation of immunizations ten (10)
days in advance of a student rotation, the student will provide the agency with
documentation of immunization: to wit: MMR, hepatitis B series (or a signed
declaration statement), varicella, Tdap (tetanus, diphtheria, and a-pertussis), and
current (within current-year) PPD results (or if a known converter, initial chest x-
ray results and annual TB update documentation thereafter from healthcare
provider).
13.The University represents and warrants that to the best of its knowledge, the
University, its officers, directors and employees (i) are not currently excluded,
debarred, or otherwise ineligible to participate in the federal health care
programs as defined in 42 USC 4 1320a-7b(f) (the "Federal Healthcare
Programs"); (ii) have not been convicted of a criminal offense related to the
provision of healthcare items or services and have not yet been excluded,
debarred, or otherwise declared ineligible to participate in the Federal Healthcare
Programs, and (iii) are not, to the best of its knowledge, under investigation or
otherwise aware of any circumstances which may result in the University being
excluded from participation in the Federal Healthcare Programs. This shall be an
ongoing representation and warranty during the term of this Agreement and the
University shall immediately notify the Agency of any change in the status of the
representations and warranty set forth in this section. Any breach of this section
shall give the Agency the right to terminate this Agreement immediately for
cause."
14.The University acknowledges that its Nursing Program students and faculty will
have access to confidential information regarding the Agency patients. All parties
agree to abide by al local, state, and federal law and regulation.
15.The Agency requires criminal background checks of any student or faculty
member. The University shall notify each student and faculty member of this
requirement prior to enrollment or participation in the Program. It shall be the
responsibility of the student to ensure that (1) timely arrangements for
background checks are made; (2) such checks are made by the Agency unless
otherwise arranged between the Agency and the University. Students are also
required to have a current drug screen within their current program. The Agency
shall arrange for such if such a screen has not been performed. Students shall
bear the costs associated with such checks and screens unless otherwise agreed
to by Agency. Students shall arrange for and provide to the Agency any
required information including, but not limited to: health information,
verification of certification and/or licensure, insurance information and
information relating to participation in federally funded insurance programs.
IL RESPONSIBILITIES OF THE AGENCY
1. Agency shall have sole responsibility for establishing the policies, regulations and
procedures applicable to its operations and activities. It shall notify University of
all policies, regulations and procedures which it expects University's personnel
and students to adhere to while on Agency premises or conducting activities in
Agency facilities. Agency may notify University personnel and students directly
without prior notice to University of policies, regulations and procedures if
circumstances prohibit such prior notice.
2. Agency shall maintain its facilities, which are open to University personnel and
students in compliance with applicable local, state and federal laws and
regulations and accreditation agency requirements, if any.
3. Agency administration and personnel recognizes its responsibility to maintain a
learning environment of high quality in which sound educational experiences can
occur.
4. Agency has the responsibility for adequate direction and supervision of its
nursing staff and provision of high standards of nursing care.
5. Agency will provide learning opportunities for nursing students within the limits
of Agency. The emphasis shall be on education rather than services without
disruption of usual agency activities.
6. Agency will provide physical facilities, including without limitation, conference
space, access to the library, space to hang coats, lunch and cafeteria privileges
(may purchase lunch and eat sack lunches in cafeteria) as necessary to the
administration of this Agreement and to the conduct of the learning experiences
conducted under the auspices of this Agreement, within the limits of Agency.
7. Agency shall appoint a liaison officer and notify University of same. Such officer
shall be the principal contact between Agency and University for purposes of
administration of this Agreement.
8. Agency may remove and restrict from entry upon its premises University
personnel or students who it determines, in its reasonable discretion, imposes an
unreasonable risk of harm to Agency personnel, clients, property, or who violates
Agency policies, regulations or procedures despite warning. Agency shall
exercise reasonable efforts under the circumstances to notify University of its
intent to remove or restrict prior to taking action and shall notify University as
soon thereafter as is reasonable.
9. Agency personnel shall not be obligated to participate in the learning
experiences of students referred to Agency hereunder except to the extent
agreed between University and Agency. To the extent Agency personnel are
engaged in the supervision of student learning experiences they shall adhere to
the learning experience requirements established under the authority of this
Agreement and shall make such reports and provide such information specified
therein.
10. During the course of the learning experience, students shall not be employees of
Agency nor shall they be required to perform work for Agency not associated
with an approved learning experience.
11.Agency shall retain ultimate responsibility and control for the total care of its
patients.
12.Agency shall carry commercial general liability insurance coverage (minimum
$1,000,000 occurrence/$3,000,000 aggregate) and worker's compensation
coverage to the extent required by law.
III. JOINT RESPONSIBILITIES AND TERMS OF AGREEMENT
1. The staffs of both parties shall serve as resource personnel on a non-
compensation basis at the request of either party with appropriate approval.
2. The personnel of both parties will cooperate in a manner so as to provide
continuous evaluation of the use of the facilities for student experiences.
3. This agreement shall commence as of the date it is fully executed and continue in
full force and effect for five (5) years and automatically renew yearly thereafter.
In the event it becomes necessary for the Agency or University to terminate this
Agreement, a minimum of 30 days notice will be given in writing by the party
terminating the Agreement. This Agreement may be terminated for cause or for
no cause. In the event a student is assigned to the Facility at the time
termination would be effective, the student shall be permitted to complete his or
her rotation.
4. The nature of this Agreement is such that each party undertakes obligations to
the other party with no passage of funds between the parties or between
personnel of their respective staffs.
5. Both parties agree that they shall conduct their activities under the auspices of
this agreement in accordance with federal, state and local non-discrimination
laws. In the event an investigation is necessitated related to an alleged violation
of a non-discrimination law, the parties agree to cooperate in conducting said
investigation, including the provision of reports related to a party's internal
investigation.
6. "Agency will not prepare or maintain records with respect to Students of the
University except the extent necessary to provide for the safe and efficient
operation of the facility."
7. Agency shall not prepare or maintain any records with respect to students of
University engaged in the learning experiences at Agency under this Agreement.
8. The parties agree that they are subject to the Family Educational Rights and
Privacy Act ("FERPA") with respect to student education records and to that end
agree (a) the Agency is providing educational services to the University that it
would otherwise have to provide for themselves using faculty and staff, (b) the
Agency has a legitimate educational interests in the student education records
disclosed to it and (c) Agency agrees to be under the direct control of University
only with respect to the Agency's use and maintenance of information from
student education records. The parties agree that any party, including a "school
official," that receives student education records as otherwise enumerated in this
Agreement acknowledges that the student education record is confidential and
may use the information only for the purposes for which the disclosure was made
hereunder. Agency may not re-disclose the information to any third party without
prior written consent from the student and University. Furthermore the parties
agree to work together to share student education records in a manner that best
assures the protection of student education records from disclosure.
9. Any written notice or communication provided for, required, or permitted herein
shall be addressed to the following:
REGIS UNIVERSITY AGENCY
Office of the Dean Mark E. Wallace, MD, MPH
Loretto Heights School of Nursing Executive Director
Regis University, Mail Code G-8 Weld County Department of Public
3333 Regis Boulevard Health and Environment
Denver, CO 80221-1099 1555 North 17th Avenue
Greeley, CO 80631
With a copy to:
General Counsel
Regis University
3333 Regis Boulevard
Denver, CO 80221-1099
10.This agreement constitutes the entire agreement between the parties and
supersedes all prior written and oral agreements.
11. Nothing in this Agreement shall be construed to make the parties partners,
agents or employees of the other. The relationship between the parties is
intended to be that of independent contractors and this Agreement shall be
construed to fulfill that intent.
12.Any changes, modifications, supplementations or amendments to this Agreement
must be reduced to writing and signed by the parties which are signatory hereto.
13.Any waiver by either party of any term or provision in this contract at any one
time shall not constitute a waiver of any other or all provisions. Any waiver of any
part or provision of this agreement at any one time shall not constitute a waiver
for all times.
14.To the extent a party may have sovereign immunity, neither party waives their
sovereign immunity by executing this Agreement, and each party retains all
defenses provided by law with regard to any action based on this Agreement.
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 the
parties to this Agreement under the Colorado Governmental Immunity Act
("CGIA"), C.R.S. § 24-10-101 et seq. as applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
duly authorized representative as of the day and date first hereinabove written.
REGIS UNIVERSITY AGENCY
Phylli Gra Dickerson, PhD, RN, Name: Mark E. Wallace, MD, MPH
CNS
Assistant Dean and Professor Title: Executive Director
Loretto Heights School of Nursing Weld County Department of
Regis University Agency: Public Health and Environment
1 - IS lS i /z4. 1i5
Date Date
•
Salvador D. Aceves
Na e: Barbara Kirkmeyer, Chair
Vice President for Finance/ Chairman, Board of County
Chief Financial Officer Title: Commissioners
Regis University
Agency: Weld County Government
11\Z12o\C
FEB 0 9 2015
Date Date
Zelda
ATTEST: died4,O .
WELD 'Cl ^KT0TH :;;jet;'
BY:
DEPUTY CL !AK T �THE B0AR►'% j►�
2O /5- &O1--/
Nursing Affiliation Agreement
Loretto Heights School of Nursing
Regis University
APPROVED AS TO UNDING:
Controller
APP V TO FORM:
1
County orney
APPROVED AS TO SUBSTANCE:
NM
Director of General Services
020/5- 1/2-d
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