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HomeMy WebLinkAboutC13-083 Denver School of Nursing Students DDS Denver School of Nursing x " *4 4 x"2 it SCHOOL /STUDENT AGREEMENT This AGREEMENT, entered into this 1 day of February 2013 by and betty y v y between Eagle County Health Department , a Colorado corporation, hereinafter referred to as "Clinical Site" and Denver School of Nursing , hereinafter referred to as "School ", sets forth the intent of both parties to mutually cooperate in providing educational experiences for students of School. WITNESSETH WHEREAS, Clinical Site owns and operates a healthcare facility in Eagle County , Colorado, and Clinical Site desires to assist School by offering health care practical experiences for students of School; WHEREAS, the School is a provider of education for students studying Nursing , and desires students to have educational experiences that can be offered by the Clinical Site under the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between Clinical Site and School. I. SCHOOL'S SERVICES AND RESPONSIBILITIES 1.1 School shall schedule students at Clinical Site, coordinating with Clinical Site representatives in the area students will be working. 1.2 School agrees to consult and cooperate with Clinical Site to establish mutually acceptable standards and schedules for students. 1.3 School is fully licensed to train students in Nursing . All services provided by students shall be performed in a competent, professional and careful manner, consistent with Clinical Site and its policies and procedures, industry standards and in accordance with applicable laws, rules and regulations. 1.4 Students of School may work at Clinical Site providing services only after having completed the orientation provided to School by Clinical Site. 1.5 School agrees to obtain and maintain supporting credentials and documentation for students prior to initially scheduling students. Minimally this will consist of: a. Documentation of immunity to measles, mumps and rubella by any of the following methods: 1. 2 MMR vaccination dates 2. 1 Rubella vaccination AND 2 rubella vaccinations dates 3. Laboratory confirmation of immunity to measles, mumps, and rubella 4. Written documentation of active disease from a health care provider 5. Persons born before January 1, 1957 are considered immune to measles, mumps and rubella EXCEPT women of childbearing age require one of the above proofs of immunity regarding rubella 6. Persons born before January 1, 1957 are considered immune to measles, mumps and rubella EXCEPT women of childbearing age require one of the above proofs of immunity regarding rubella. b. Documentation of TB screening to include one of the following: 1. Negative PPD skin test within previous 12 months 2. If history of previous positive PPD: Documentation consistent with Center for Disease Control (CDC) guidelines. c. Individuals who will be working in areas or conditions which place them at risk for blood or body fluid exposure should submit proof of three Hepatitis B vaccines, serologic evidence of immunity, or furnish a signed waiver for the Hepatitis B vaccine, or evidence of currently being in vaccination process. d. Verbal or written documentation of chickenpox disease or vaccination required to provide direct care to any adult patient with a diagnosis of shingles or chickenpox or to any maternal, neonatal, or pediatric patient. e. Documentation to organization outlining workplace restrictions if student/intern has diagnosed latex allergy. 1.6 School or its students shall not disclose to any third party (i) any information contained in or derived from patient records, or (ii) any information concerning the business of Clinical Site that Clinical Site treats as proprietary or confidential. 1.7 School shall be responsible for supervising its students and shall make arrangements with the Clinical Site representative in the area where the students are to be placed how this supervision will take place. 1.8 School and its students agree to abide by any current and future applicable standards as set forth by the Healthcare Insurance Portability and Accountability Act (HIPAA). 1.9 School and its students agrees to maintain confidentiality of any patient information attained via access to documents, written materials, computerized transmissions and /or verbal information necessary for the completion of services rendered. School and its also agrees to maintain all federal and state regulations with regard to the confidentiality of patient health information. II. CLINICAL SITE'S RESPONSIBILITIES 2.1 Clinical Site agrees to provide unit orientation to students prior to their providing services at Clinical Site. 2.2 Clinical Site staff, when appropriate, shall assist in supervising students while working at Clinical Site. 2.3 Clinical Site maintains responsibility for the provision of care to patients. 2.4 Comments regarding the student's performance shall be communicated directly to School via the appropriate Clinical Site supervisor. Clinical Site reserves the right to terminate the contract of School, or ask that specific students not return to Clinical Site if students are not demonstrating safe, efficient care. This will be done with no penalty to Clinical Site. III. RELATIONSHIP OF THE PARTIES 3.1 The parties hereto agree that School 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 created by this Agreement is not intended, nor shall it be construed, to create a joint venture, a partnership, or any other employer - employee relationship between Clinical Site and School or its students. 3.2 School, its staff and /or its students is not entitled to any benefits provided by Clinical Site to its employees, including, but not limited to, group health insurance, dental insurance, unemployment insurance benefits, workers' compensation and disability insurance. Clinical Site is not responsible for any injuries to students while they are involved in their clinical experiences. School and /or Student are responsible for any medical bills for 2 injuries or disability incurred as a result of assignment of clinical experience at Clinical Site. 3.3 The parties agree that none of the acts of either party shall be construed to be acts by, or on the behalf of, the other party. 3.4 Both parties agree to obtain written permission prior to using the other party's name, trade name, image, symbol, design or trademark in any marketing, advertising or promotional campaign or in any brochure, written information, TV or radio announcements or in any other medium whatsoever. IV. LIABILITY AND INSURANCE 4.1 School and /or its students shall, at its own cost and expense, secure and shall maintain in effect at all times during which this Agreement is in effect Professional Liability Insurance with limits of liability in an amount not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) aggregate. The policies shall include a "tail" covering acts or occurrences during the term of this Agreement as to which a claim may be asserted after termination of this Agreement. 4.2 School shall indemnify and hold harmless Clinical Site, its officers and directors from and against any and all damages, claims, losses, costs and liabilities, including without limitation reasonable attorney's fees, arising from the omission, negligence or willful misconduct of School and /or its students. V. TERM AND TERMINATION 5.1 This Agreement shall be effective for a two -year term from February 1, 2013 through January 31, 2015 5.2 Any of the terms of this Agreement may be renegotiated and the provision hereof revised, but any such changes must be made in writing and signed by both parties to be effective. 5.3 Clinical Site may terminate this Agreement immediately upon the occurrence of any of the following by giving written notice to the Contractor setting forth the reason for the termination: a. Material breach of this Agreement; b. Actions of omissions, negligence and /or willful misconduct of the School and /or its student's that jeopardize the health, safety or welfare of any of Clinical Site's patients; c. Dishonest or fraudulent conduct of the School; d. School's admission of insolvency, making of an assignment for the benefit of its creditors, or filing of a voluntary petition for bankruptcy; e. The filing of an involuntary petition of bankruptcy against the School for which petition is not stayed or discharged within 60 days; f. The indictment of School on criminal charges; and g. School's loss of approval for applicable program. 5.4 During the term of this Agreement, it may be terminated by either party for any cause or no cause upon 30 days prior written notice to the other party. VI. ADDITIONAL DECLARATIONS 6.1 Any written notice required or permitted under this Agreement shall be delivered by hand or by certified mail, return receipt requested, and directed to the representative party at its last known address. Unless and until changed, the address of Clinical Site shall be: 551 Broadway Eagle, Colorado 81631 3 The address for School shall be: 1401 Nineteenth Street Denver, CO 80202 6.2 This agreement cannot be changed or modified except by an instrument in writing executed by both parties. 6.3 The School shall not assign this Agreement or delegate any of its responsibilities hereunder. Subject to the forgoing, this Agreement shall be binding on the parties, their successors and legal representatives. 6.4 The headings of the various articles of this Agreement are inserted for convenience and do not expressly or by implication limit, define or extend the specific terms of the articles so designated. 6.5 This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance to the laws of the state of Colorado. 6.6 This Agreement constitutes the entire understanding and agreement between the parties hereto and supersedes all prior agreements, arrangements and understandings between the parties with respect to its subject matter. 6.7 The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 6.8 Whenever the context hereof requires the gender of all words shall include the masculine, feminine and neuter and the number of all words shall include the singular and plural. 6.9 In the event any provision of the Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this Agreement, which shall remain in full force and effect and enforceable with its terms. 6.10 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED AND DELIVERED THIS Agreement as of the day and year first written above. CLINICAL SITE: .41111V" prized Signat re D e SCHOOL: Denver School of Nursing 6. .7 Authorized Signature Date 4