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HomeMy WebLinkAboutC15-449 Colorado Mountain College Nursing AffiliationNURSING AFFILIATION AGREEMENT Between Eagle County, Colorado and Colorado Mountain College This Agreement made and entered into as t Mll, L4 ,2015,by and between Colorado Mountain College (hereinafter referred to as CMC) and Eagle County, Colorado, a body corporate and politic (hereinafter referred to as "Agency"). WITNESSETH: WHEREAS, CMC conducts an educational 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, Agency has facilities available for clinical instruction in preparation of students in the profession of nursing and desires to have CMC's students referred to its Agency; and WHEREAS, CMC desires to have the opportunity to refer its students to Agency for clinical instruction and experience; and WHEREAS, CMC and Agency desire to define their respective obligations and duties to the other and establish a wriffen structure for their continued relationship and cooperation; NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements hereinafter set forth, CMC and Agency agree as follows: I. RESPONSIBILITIES OF CMC l. CMC shall determine the content of, the manner of presentation, and all other academic and administrative aspects of the learning experiences of CMC students conducted under the auspices of this Agreement except as otherwise provided herein. 2. CMC shall provide for the administration and operation of the courses which are part of CMC's curriculum, including such programs of study offered students using the Agency facilities. Eagle County Commlssloners, OfficeC15-449 3. CMC 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. CMC 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 CMC and Agency. 5. CMC 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. CMC shall require that all students referred to Agency under this Agreement carry health insurance coverage under CMC's health insurance program or under a comparable accident and sickness health insurance plan. CMC shall provide worker's compensation insurance to the extent required by law, and commercial general liability insurance. CMC 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 CMC as provided in Section II, Number I or directly to CMC personnel or students affected. CMC 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. 10. Eagle County Public Health Director or designee, will be CMC's liaison officer and the principal contact between Agency and CMC for purposes of administration of this Agreement. II. RESPONSIBILITIES OF THE AGENCY l. Agency shall have sole responsibility for establishing the policies, regulations and procedures applicable to its operations and activities. It shall notify CMC of all policies, 6. 7. 9. 2. 3. 4. regulations and procedures which it expects CMC's personnel and students to adhere to while on Agency premises or conducting activities in Agency facilities. Agency may notifu CMC personnel and students directly without prior notice to CMC of policies, regulations and procedures if circumstances prohibit such prior notice. Agency will maintain the facilities that it opens to CMC personnel and students in compliance with applicable local, state and federal laws and regulations, if any. Agency has the responsibility for adequate direction and supervision of its nursing staff and provision of high standards of nursing care. 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. Agency may remove and restrict from entry upon its premises CMC 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 CMC of its intent to remove or restrict prior to taking action and shall notify CMC as soon thereafter as is reasonable. Agency personnel shall not be obligated to participate in the learning experiences of students referred to Agency hereunder except to the extent agreed between CMC 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. 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. Agency shall retain ultimate responsibility and control for the care of its customers and patients. 5. 6. 7. 8. III. JOINT RESPONSIBILITIES AND TERMS OF AGREEMENT 1. 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. 2. CMC agrees to indemnify and holds harmless Agency, together with its owners, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages and other liabilities asserted against any of them and arising from or proximately caused by the negligent acts or omissions of CMC, its students, faculty, administrators, trustees or officers. Indemnified parties shall have the right to select their attomeys. The indemnities provided herein shall extend to the payment of reasonable attomeys' fees and expenses incurred by the indemnified parties in defending against claims falling within the scope of the indemnification. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to Agency, its officials, employees, contractors' or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity AcqTitle 24, Article 10, Part I of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. 3. This agreement shall commence as of the date it is fully executed and continue in full force and effect for one (l) year and automatically renew yearly thereafter. The Agreement may be terminated by either party during its term provided the party seeking to terminate the Agreement has provided the other party written notice of the alleged 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 ofa 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. 7. Agency shall not prepare or maintain any records with respect to students of CMC engaged in the learning experiences at Agency under this Agreement. Any written notice or communication provided for, required, or permiffed herein shall be addressed to the followins: AGENCY Eagle County Public Health Jennifer Ludwig, Director P.O. Box 660 Eagle, Colorado 81631 Telephone: 970-328-88 I 9 E-Mail: Jennifer.ludwig@eaglecounty.us COLORADO MOTINTAIN COLLEGE Betty Damask-Bembenek 3000 County Road 114 Glenwood Springs, CO 81601 Telephone: 970-947 -8251 E-Mail : bbembenek@coloradomtn.edu 8. This agreement constitutes the entire agreement between the parties and supersedes all prior written and oral agreements. 9. 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. 10. Any changes, modifications, supplementations or amendments to this Agreement must be reduced to writing and signed by the parties which are signatory hereto. 1 1. 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. 12. 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. 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER COLORADO MOUNTAIN COLLEGE W,ilWA -D1., &/J, P*o\t"ti5 ry By: By: cFall, County Manager