HomeMy WebLinkAbout20150355.tiff RESOLUTION
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 upon execution of signature, and
ending September 30, 2015, 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 2nd day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO RADO
ATTEST: `t C� , t ; /, (b(m , Chair
e�
.duW/ �CLto K. rbara Kirkmey , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
g}� R.�
ty Clerk to th Bo- & ""i1/444. ��
,� �..}' -a' Se P. Conway
APPROVE�Y�4S TO FO' trw. ,1"--ell
NCO (/(i 40 Julie A. Cozad
,
County Attorney \CrinirC--Na, EXCUSED
4%.,„y
N��, Steve Moreno
Date of signature: 1/7
CC' j1L--(5O /a7
2015-0355
HL0047
. 1 1 Memorandum
I / r , - !,
r r TO: Barbara Kirkmeyer, Chair
1 C O U N T Y1 Board of County Commissioners
FROM: Mark E.Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: January 30, 2015
SUBJECT: Education Affiliation Agreement with Aims
Community College
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Aims Community College.
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 October 1, 2014, 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 two months written notice to the
other party.
Assistant Weld County Attorney, Frank Haug, has reviewed this Affiliation Agreement and
determined that its terms are acceptable.
This affiliation agreement was approved for placement on the agenda by the Board via pass-
around dated November 24, 2014.
I recommend approval of this affiliation agreement with Aims Community College.
•
a- 5 ,20/5-0355
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Education Affiliation Agreement with Aims Community College
DEPARTMENT: Weld County Department of Public Health and Environment DATE: 11/24/2014
PERSON REQUESTING: Mark E. Wallace, MD, MPH, Executive Director
Brief description of the problem/issue:
Enclosed for Board review and 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 shall commence on October 1, 2014, 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 two months written notice to the other party.
Assistant Weld County Attorney, Frank Haug, has reviewed this Affiliation Agreement and determined that its
terms are acceptable.
What options exist for the Board? (Include consequences,impacts, costs, etc. of options)
By participating in this program, we are providing our community more options for nurses well-trained in all
areas of patient care. Many of these students are local residents committed to our communities.
Not entering into this agreement will prevent us from bringing students into WCDPHE from this university.
This will, in many cases, prevent adequate knowledge of Public Health and of serving clients/patients in a
multi-disciplinary community setting. Further, this will force many of these same students to seek this portion
of their education in other communities and other counties.
Recommendation: I recommend your approval of this Education Affiliation Agreement with Aims Community
College.
Approve Schedule
Recommendation Work Session Other/Comments:
Douglas Rademacher,Chair
Barb Kirkmeyer,Pro-Tem
Sean P.Conway
Mike Freeman
William F.Garcia
2015-0355
EDUCATION AFFILIATION AGREEMENT
This Education Affiliation Agreement("Agreement")is made and entered into this 1st day of
January, 2015, by and between the Weld County Department of Public Health
and Environment("Agency") and Aims Community College ("Aims").
RECITALS
1. Aims desires to provide learning experiences for its students in Health Education
Programs at Aims;
2. Agency has the facilities and operations to provide the required learning experiences '
for students; and,
3. Agency and the 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 bargain and 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 shall be for an initial one year term commencing on the date hereof and
expiring on the close of business on September 30,2015, (the"Initial Term"). The term
of this Agreement shall be extended for additional one year periods upon written
notification prior to the expiration of the current term to the other party of the intent to
renew this Agreement unless sooner terminated by either party. Each succeeding calendar
year during which this Agreement continues shall be called a Renewal Term. The Initial
Term and each Renewal Term,if any,are collectively called the "Term". In the event it
becomes necessary for the Agency or Aims 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 no cause.
3. De£mitions.
a. Health Programs. Health programs shall mean any and/or all programs wherein
the content includes health and human service and/or related education.
b. Instructor. Any instructional staff employed for the purpose of providing
instruction for the benefit of Aims,including but not limited to Faculty. The term
Faculty and Instructor are used interchangeably for the purposes of this
Agreement.
4. Payment. No payments shall be exchanged under this Agreement.
5. Agency Obligations. The Agency expressly agrees to the following:
a. To provide training for students and/or Instructors enrolled in Health 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,pursuant to availability as determined by Agency,to students and
Instructors of Aims reasonable classroom space and/or conference space, storage
space for personal belongings, and library and instructional materials. It is
Aims Community College Education Affiliation Agreement
FY 2013-2014 Page I of 5
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.
c. 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 Agency's facility or health care services provided by Agency.
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 Aims' student, faculty
member, employee, or agent whose conduct or professional competence is
deemed to interfere with Agency's obligations to provide health care 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.
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 Aims' students,Aims'
faculty, Aims' employees, and Aims' agents receiving Agency instruction or
supervision and/or present in any Agency facility pursuant to the terms of this
Agreement 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 Aims' students,Aims' faculty,Aims' employees, and Aims'
agents who are covered by the policy. Aims shall name County as an additional
insured for this policy.
d. Aims will provide Workers Compensation Insurance to cover the participation of
all Aims' students,Aims' faculty,Aims' employees, and Aims' agents
participating in any Aims professional health care program and receiving Agency
instruction or supervision and/or present in any Agency facility pursuant to the
terms of this Agreement. Aims shall provide proof of this Workers Compensation
insurance to the County.
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 a background check. Background checks will also
be obtained on every member of the Aims staff/faculty who is responsible for
Aims Community College Education Affiliation Agreement
FY 2013-2014 Page 2 of 5
r
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.
g. Aims' students, Aims; faculty,Aims; employees, and Aims' agents shall be
responsible for payment of all medical bills for injuries or sickness occurring
while receiving Agency instruction or supervision and/or while present in any
Agency facility pursuant to the terms of this Agreement. The student will assume
liability for transportation to and from the clinical site, including home health
visits.
h. Where applicable, Aims shall instruct all Aims' students, Aims' faculty, Aims'
employees and Aims' agents assigned to the Agency to adhere to the legal and
ethical standards for confidentiality of Agency and patient/client records and
information to which Student will have access during the Internship. Where
applicable, Aims will specifically train Students in HIPAA confidentiality
requirements.
i. 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 float 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, . 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 pursuant to the aforementioned legal authority.
8. Independent Asencv. 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:
To Agency: Weld County Department of Public Health and Environment
Attn: Tanya Geiser,Administrative Services Director
1555 North 17th Avenue
Greeley, CO 80631
970-304-6410
To Aims:
Attention: Danette Altergott
Aims Community College Education Affiliation Agreement
FY 2013-2014 Page 3 of 5
Clinical Site Coordinator
P.O. Box 69
Greeley, Colorado 80632
With Copy To:
Legal Affairs and Equal Opportunity
P.O. Box 69
Greeley,Colorado 80632
10. Waiver of Liability. Each party to this Agreement waives all claims and causes of
action against the other party for compensation, damage, personal injury or death
occurring as a consequence, direct or indirect, of acts or omissions occurring during the
performance of this Agreement, to the extent permitted by, and without waiving any
protection or other provisions of,the Colorado Governmental Immunity Act.
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. 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. as applicable now or hereafter amended. 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 with 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. Attorney's Fees. In any action or proceeding which a party may be required to prosecute
to enforce its respective rights hereunder, the unsuccessful party or parties will pay all
costs incurred by the prevailing party or parties therein, including reasonable attorneys'
fees and expenses.
18. 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.
Aims Community College Education Affiliation Agreement
FY 2013-2014 Page 4 of 5
19. 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 affect the nearest
• intent of that provision, and the remaining provisions shall remain applicable.
20. Governing Law. This Agreement shall be construed and governed in accordance with
the laws of the State of Colorado.
21. 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.
22. Validity. This Agreement shall not be deemed valid until it shall have been approved by
the President of Aims and Agency.
23. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
Aims Community College
5401 W. 20th Street
Greeley, CO 80634
L
C
Dr. Marilynn"Marsi" '.f \& s?7\
ATTEST: •'
1/4 CARD OF COUNTY COMMISSIONERS
t J
Weld C. ty to the : : d� ��� �'� D COUNTY,C IARADO
BY: ddlitak
Deputy Clerk o the Board "Ct te' Barbara Kirlaney ,Chair FEB 0 2 2015
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected O cialortit apartment ead
APPR VED TO F9 N//A
Director of General Services
/(/
County Attorney
Aims Community College Education Affiliation Agreement
FY 2013-2014 Page 5 of 5 OW 5 ;�5- 1
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