HomeMy WebLinkAbout20143366.tiff RESOLUTION
RE: APPROVE NURSING AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- COLORADO CHRISTIAN 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 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
Colorado Christian University, commencing upon full execution of signatures, 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 Colorado Christian University,
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 29th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
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Mike Fre
ounty Attorney
William . Garcia
Date of signature: //2
2014-3366
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1861 , Memorandum
TO: Douglas Rademacher, Chair
_G `Lu Board of County Commissioners
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FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: October 27, 2014
SUBJECT: Nursing Affiliation Agreement with Colorado
Christian University
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Colorado Christian University.
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 Nursing Affiliation Agreement with Colorado Christian University was approved for
placement on the agenda by the Board via pass-around dated October 27, 2014.
I recommend approval of this Nursing Affiliation Agreement with Colorado Christian University.
2014-3366
r
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Nursing Affiliation Agreement with Colorado Christian University
DEPARTMENT: Weld County Department of Public Health and Environment DATE: 10/27/2014
PERSON REQUESTING: Mark E. Wallace, MD, MPH, Executive Director
Brief description of the problem/issue:
Enclosed for Board review and approval is a Nursing Affiliation Agreement between Colorado Christian
University 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 Nursing Affiliation Agreement with Colorado Christian
University.
Approve Schedule
Recommendation Work Session Other/Comments:
Douglas Rademacher,Chair
Barb Kirkmeyer, Pro-Tern
Sean P. Conway
Mike Freeman
William F. Garcia
Colorado Christian
UNIVERSITY
NURSING AFFILIATION AGREEMENT
Nursing Program
This Agreement made and entered into as of October 1, 2014, by and between Colorado
Christian University, a Colorado nonprofit corporation located at 8787 W. Alameda Avenue, Lakewood,
CO 80228, (hereinafter referred to as "University") and Weld County, Colorado, through its Board of
Commissioners, whose address is 1150 O Street, Greeley, CO 80631 (hereinafter referred to as
"Agency").
WITNESSETH:
WHEREAS, the University conducts an education program for the preparation of
professional practitioners of nursing in a BSN nursing program level (the "Nursing Program"), 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, the Agency has facilities available for clinical instruction in preparation of
students in the profession of nursing (the "Facilities") and desires to have the University's Nursing
Program students referred to its Agency; and
WHEREAS, the University desires to have the opportunity to refer its Nursing Program
students to Agency for clinical instruction and experience; and
WHEREAS, the University and the 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, the University and the Agency agree as follows:
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Colorado Christian
UNIVERSITY
RESPONSIBILITIES OF THE UNIVERSITY
1. The University agrees to supervise all Nursing Program students' activities on and use of the
Facilities.
2. The University agrees to utilize the appropriate channels of communication of Agency in
providing supplemental instruction and supervision of Nursing Program students assigned by
University to use the Facilities.
3. The University will have the sole responsibility for maintaining its program accreditation by
appropriate national and state accrediting organizations and for developing and maintaining
the educational objectives and standards of didactic and clinical learning and all other matters
pertaining to meeting its educational goals and needs.
4. The University understands and acknowledges that the Agency may require each student, as a
precondition to using the Facilities, take and pass a health examination in accordance with
such health standards as determined by Agency in its sole discretion.
5. Students and faculty of the University's Nursing Program will be responsible for payment of all
medical bills for injuries or sickness occurring to them resulting from using the Facilities.
6. The University acknowledges that its Nursing Program students and faculty will have access to
confidential information regarding the Agency patients.
7. Nursing Program students will comply with all rules, regulations, policies and procedures of the
Agency.
8. The University will be solely responsible for the administration and operation of its Nursing
Program including, without limitation, the content of, the manner of presentation, and all other
academic and administrative aspects of the learning experiences and educational
assignments of University students conducted at the Facilities, and determining the
qualifications of its students to participate in the Nursing Program.
9. 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).
10. The University will assign to the Agency only those students who have satisfactorily completed
the prerequisite didactic portion of its curriculum.
11. The University's Nursing Director or delegate will be the liaison officer and the principal contact
between the Agency and the University for purposes of administration of this Agreement.
12. 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 § 1320a-
7b(f) (the "Federal Healthcare Programs"); (ii) have not been convicted of a criminal offense
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Colorado Christian
• UNIVERSITY
•
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."
II. RESPONSIBILITIES OF THE AGENCY
1. All covenants made in this Agreement by the Agency will apply to the benefit of those students of
the University who will comply with the duly established regulations, policies and practices of
the Agency.
2. The Agency will provide the Facilities for the use of students enrolled in the University's Nursing
Program. The University and the Agency relating to facility use will mutually determine the
dates and times.
3. The Agency agrees to provide for students and faculty of the University, as appropriate,
reasonable classroom and/or conference space, storage space for personal belongings,
library and instructional materials.
4. The Agency will maintain the Facilities and operate in compliance with applicable local, state and
federal laws and regulations and accreditation agency requirements, if any.
5. The Agency agrees to provide the University's Nursing Program students with opportunities for
observation and clinical practice of patient care. The emphasis will be on education for the
students rather than services, without disruption of usual Agency activities.
6. The Agency will be solely responsible for the direction and supervision of its nursing staff, the
provision of high standards of nursing care, and for patient care throughout the term of this
Agreement.
7. While the Agency may employ students of the University during their clinical practices, the
Agency will not pay students of the University while acting in a student capacity in an enrolled
course of instruction being offered by the University.
8. The Agency's personnel will not be obligated to participate in the learning experiences of
students except to the extent agreed between University and Agency. To the extent that the
Agency and the University agree that Agency personnel will be engaged in the supervision of
students, such supervision will be rendered subject to the terms and conditions of this
Agreement.
9. The Agency will have the right to terminate the use of any of its facilities, equipment or supplies
by any student who violates any of the Agency's rules, regulations, policies or procedures, or
whose conduct or performance is a detriment to the student's ability to successfully complete
the field experience program at the Agency or jeopardizes the health, safety or well-being of
any patients, clients or employees of the Agency. Sole power to terminate will rest with the
Agency and will be first reviewed with the appropriate representative of the University. The
Agency reserves the right to take immediate action to maintain its facilities free from
disruption.
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Colorado Christian
UNIVERSITY
10. The Agency will determine the number of participating students that may be accepted unto the
clinical program for a given period of time. The Agency will determine the clinical
experiences for the participating students in consultation with the University, including a
statement of criteria for participation, the term of the clinical experience, and the placement
and scheduling of the participating students.
11. The Agency will appoint a representative to be the University's contact and consultant regarding
the clinical experience. The Agency's representative will have the following duties:
A) arrange for supervision of the University's students by persons designated by the
• Agency;
B) cooperate with the University to establish educational objectives and curricula related to
the clinical experience;
C) advise the University of changes in personnel, operation or policies which materially
relate to the students educational experience;
D) coordinate communication between the Agency and the University regarding students
educational objectives and performance.
12. The Agency will not prepare or maintain records pertaining to the students' clinical performance
with respect to students of the University using the Facilities of the Agency under this
Agreement. Agency personnel may provide feedback on student's performance at the
request of CCU faculty and on forms provided by CCU.
13. The Agency shall provide students with an orientation familiarizing student with all applicable
State and Federal laws and regulations that pertain to practice at the Agency, including those
pertaining to Standards for Privacy of Individually Identifiable Health Information (the"Privacy
Rule") issued under the federal Health Insurance Portability and Accountability Act of 1996
(HIPAA), which govern the use and disclosure of individually identifiable health information.
The Agency will provide to the University and its students:
A) a copy of, or other reasonable access to the Agency's current policies and procedures
with which the students must comply;
B) a statement of the student's responsibilities;
C) student orientation as described above;
D) such access to the Agency's libraries and equipment as the Agency determines is
appropriate;
E) other information as the Agency determines is needed for the clinical experience.
III. RESPONSIBILITIES OF THE STUDENT
1. The University's students shall provide their own transportation to and from the Agency as
well as any meals or lodging required during the clinical experience.
2. The University shall require students to agree in writing to abide by the rules, regulations,
policies and procedures of the Agency as provided to students by the Agency during their
orientation at the Agency.
•
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UNIVERSITY-
3. The University shall require students to agree in writing to comply with the Standards for
Privacy of Individually Identifiable Health Information (the "Privacy Rule") issues under the
federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which govern
the use and disclosure of individually identifiable health information during their orientation at
the Agency.
4. The students shall abide by all policies of the Agency regarding criminal background checks
and drug screens. Students will be required to submit a background check and drug screen
prior to acceptance into the Program. In such cases where an additional background check
and/or drug screen is required by the Agency, the student will make timely arrangements with
the Agency for the checks and screens to be performed. Students shall bear the costs
associated with all background check and drug screens unless otherwise agreed upon by the
Agency. Students shall also provide the Agency any required information including, but not
limited to health information, immunization records and verification of certification and/or
licensure.
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Colorado Christian
UNIVERSITY
IV.JOINT RESPONSIBILITIES AND TERMS OF AGREEMENT
1. The University will give students' educational assignments. The Agency will remain
responsible for the total care of the patients.
2. The Agency and the University will cooperate in a manner so as to provide continuous
evaluation of the use of the Facilities for students' experience.
3. Use of the Facilities will be without cost to either the University or its Nursing Program
students.
4. This contract will begin upon full execution by the Agency and the University and will be for a
period of one year. This contract will be automatically renewed for successive terms of one
(1) year unless otherwise terminated. Either party may terminate this agreement in its sole
discretion for any reason or no reason upon no less than two month's written notice to the
other party.
5. The University and the Agency will not violate any applicable federal or state anti-
discrimination laws.
6. The University acknowledges that it and its Nursing Program students and personnel may
have access to proprietary or other confidential information of or about Agency. All
confidential business, financial, legal, medical, and personal information disclosed by
Agency, either intentional or unintentionally, to the University or its students and personnel in
connection with this Agreement will be held in strict confidence and will not be disclosed by
the University or its students and personnel without prior written consent of the Agency.
The confidentiality section of this Agreement may be unilaterally amended by the Agency if
necessary to comply with any Federal or State rules or regulations regarding exchange of
patient identifiable information under HIPAA.
7. Student and faculty use of the Facilities as part of the University's Nursing Program will be for
educational purposes. Students and faculty will not be considered employees of the Agency,
and further, will not be entitled to Worker's Compensation, Unemployment Compensation or
employee benefits offered by the Agency to its employees.
The parties understand and agree that the students are enrolled in a clinical educational
training program offered by the University at the Agency. Any services provided by the
students are performed in fulfillment of academic requirements and under the supervision of
the University and Agency staff. The students will not be deemed or considered to be
employees of the Agency or its corporate affiliates for any purposes resulting from their
participation in the clinical education program. 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. The parties
hereto agree that the University is, and throughout the term of this Agreement will remain, an
independent entity performing certain duties and obligations under this Agreement and that
the relationship between the Agency and the University created by this Agreement is not
intended, nor will be construed, to create a joint venture, a partnership, or an employer-
employee relationship.
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Colorado Christian
UNIVERSITY
8. All notices or official communications that may be required under this agreement will be given
as follows:
(1) Notice to the University:
Colorado Christian University
College of Adult and Graduate Studies
Attn: Dean of Nursing and Sciences
10190 Bannock Street Suite 200
Northglenn, CO 80260
With a copy to:
Colorado Christian University
Attn: University Counsel
8787 West Alameda Avenue
Lakewood, CO 80226
(2) Notice to the Agency:
9. This Agreement may be amended only by written agreement signed by both parties.
10. This Agreement shall not be construed as permitting the assignment of any right or obligation
hereunder, and such assignment by either party is prohibited without the express written
consent of the other party.
11. The laws of the state of Colorado will be applied in the interpretation, execution and
enforcement of this contract. Jurisdiction and venue for any disputes under this Agreement
shall rest exclusively in the courts of the state where the defendant in any action is located.
Unless required by any applicable statute or regulation, any dispute arising in connection with
the breach, enforcement, or interpretation of this Agreement will be resolved by a court of
competent jurisdiction and not by arbitration. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract to the extent that
the contract is capable of execution.
12. The parties represent that they are familiar with C.R.S. 18-8-301, et seq., (Bribery and
Corrupt Influences) and C.R.S. 18-8-401, et seq., (Abuse of Public Office), and that, to the
best of their knowledge no violation of such provisions is present.
13. Both parties shall maintain general and professional liability insurance or self-insurance
covering bodily injury and property damage to third parties with limits of One Million Dollars
($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate on their
equipment and personnel and worker's compensation insurance in such amounts as required
under applicable statutory limits for their employees and students.
14. The staffs of both parties will serve as resource personnel on a non-compensation basis at
the request of either party with appropriate approval.
15. 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.
16. 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
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Colorado Christian
l? NIVERSITY
Colorado Governmental Immunity Act("CGIA"), C.R.S. § 24-10-101 et seq. as applicable
now or hereafter amended.
17. 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.
•
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Colorado Christian
UNIVERSITY
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.
COLORADO CHRISTIAN UNIVERSITY AGENCY :
DIVISION OF NURSING AND SCIENCES WELD COUNTY DEPARTMENT OF PUBLIC
10190 BANNOCK STREET SUITE 200 . HEALTH AND ENVIRONMENT
NORTHGLENN, CO 80260 1555 NORTH 17TH AVENUE
GREELEY, CO 80631
Barbara J. White, N, Ed D. CNS Dr. Mark E. Wallace, MD, MPH
Dean for Nursing and Sciences Executive Director
9//?/zO/H lb
12-7. I iy
Date Date
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Colorado Christian
UNIVERSITY
ATTEST: R ^W L i, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Boo,. A ._ ® w WELD CO OLORADO
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