HomeMy WebLinkAboutC16-207 University of Colorado College of Nursing Clinical Trainingt-,,NIVERS I TY OF" CCLORAI]C I]ENVER
COLLEGT OF NiJRSING
CLI i.i ICAL TRAi ti i i.iG AGREElvi ENT
THls cLlNlcAL TRAINING AGREEMENT (.AGREEMENT') is made and
entered into on the 27th day of May, 2016, by and between Eagle County, Colorado, a
bociy corporate and politic ("AG[NCY") with principal offices located at 551 Broadway,
Eagle, Coloracjo, 8163i,
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-t'L^ n^^^"^;- z\{ 414^ I t-:..^-^:l-. ^t f\^t^-^) - ^_ L^J,.ano ine Keg€'nis oi ifie Univei'sity ol Uoiorado. a Cody corporaie. for and on behalf of
ihe Universitii cf CcloraCc Denver, Ccllege cf Flursing i"COl-l-[C[") et 13,120 E. lgth
A-venrre, Aurora, Colorad* 80045.
WHEREAS, the purpose of this AGREEMENT is to guide and direct the parties
respecting their affiliation, working arrangements, and agreements in furtherance
thereof to provide high-quality clinical learning experiences for students in the
COLLE.GL's iriursing prCIgram.
W${IRFAS, neither party iniends. fcr ihis AGRlfu[!'.lT to alter in eny way its
respecti';e lega! rights or its lege! oblioations ta the other party, the str.rclents assignecl tr:
the AGENCY, or any third party
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herern, the partte$ agree as foliows:
A. Reoponsibilities cf the COLLEGE
1. The COLLEGF wil! use its best efforts to see that students seleeted for
participation in the clinicaltraining program are prepared for effective participation in the
ciinical training phase of their overali education.
2" "l"he COLLIGE wiii retain uitimate responsibriity for the ecjucarion of its
,,i.--t_-_a-Stuuet tltt.
*1. The COLLEGE v'rill pror.ride qualifled and ccrnpetent faculty mernbers *t the
COLLEGF in adeqr-rate number for the instrr-rction and supervisiqrn of stuclents usino the
AGENCY facilities.
4. The COLLEGE will instruct all students assigned to the AGENCY facilities in
the cortiicjeniiality of patienUciieni recorcjs, patient/client iniclrniation imparied during the
iraining experience,and wiil ensiire ali stiidents conrplete the COLLEGE's iraining
mcduie's necessai-y to cor','ipiy' with its !4!P,4"/rr requirements as a ccvereC entity.The
COLLEGE rgill aho rnstrr:ct al! st,,rdents that the ccrnfidentiality reqLrirernents survive the
termination or exniration of this AGREFMFNT.
C16-207
5. l"he COLLEGE will require all participating students to provide proof of health
insurance. In the event of an ernergency, tire AGENCY wiii provicie such emergency
uarrj as is piuvideii iis eirrployees, if ai'ry. Ti-re sir.ideiii will be respurisibie for any
chargcs tltus gcneratcd if the charges arc nct co'rcred undcr the Coloradc Wcrker"s'
Cnmnenqatinn tlnt
6.The COLLEGE will require all particioating students to have passed a criminal
background check and to have documented appropriate immunizations. lf applicable,
the AGENCY shall notify the COLLEGE of any requests for evidence of immunization.
The COLLEGE wiii then provide evidence io ihe AGENCY oi any requireci
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7" The COLLEGF will enccr-rrage strrdent compliance rvith the facility'.s rules,
regulations, and rrrocedr"rres" and use its best efforts trr keep students informed as t<l the
same and any changes therein. Specifically, the COLLEGE will keep each participating
student apprised of his or her responsibilities.
6. The COLLEGE iras an equal opportunity/affirmaiive action program and cioes
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nrientatinn nr inrlirtir'{rre! hanr{inan in 2nv aennn! nf ornnlnrrmcnt nr fr:ininn Th'avrrJl,,vr,rr!,ri ur ai-.tiritlyl. r.;L
institution's \edrrcational proarams, activities, and services offered tn students, faculty,
and/or employees are administered on a nondiscrirninatory basis subiect to the
provisions of Title Vl and Vll of the Civil Rights Act of 1964, Titles Vll and Vlll of the
Public Health Services Act, the Rehabilitation Act of 1973 (Section 504), the Equal Pay
Act of t963 as amendeci,'fitie ix of the EciucationaiAmendments of 19f2, the Vietnarn
[ta Veieran's tteadjr.rstnterrt Assisiarrce Act of i974, anri tire iiontiiscriritinatiorr laws ui
ti,,, c!.,t^ ^f r\,,1,..,,.J^iltY \Jt€19 (Jt |Jt tl-lctl. \J.
9" The COLTFGE warrants and represents that it self-insures for professir:nal
liability insurance for itself and for its public employees and students who provide health
care services pursuant to the Colorado Governmental lmmunity Act (C.R.S. SS24-10-
101 through 24-10-124). T'he COLLEGE agrees that its self-insurance program will
provicie coverage in accoriance with the iimits cf the Coiorado Governrnental inrmunlty
Act Th* Cuir.rrado Goveriiitteriiai hiiriiuiiity Aci pruvides ihat the tilaxirl'rurit ariiuunt iiiai
ha?r, l-1n rr,,-n,rnr,rrl nn.:rin.:1 a nr rhli1 ^n.titrr 1r. p., r[-,f in n'r"n!.rr j..rr rerlll !-,,r /-\ 4alin flf\f) fn" rnrrrilst vv lvvvrvrvv qvqille( a Fqwilv vtrrray v'i Pqllriv errrpr\rtuv vtrll L,riJ \cil vwvurvuu i'vi cjiiy
iniunr to one norson in a sinale occlr!'rcnca anc! {h} $9qn OnO fnr anv inirrrv tn hvn nr"J*.r-*-"-'r*".''-*irrztFr'*\-/Y-+i,,
more persons in any single occurrence (except that no person mav recover in excess of
$350,000). [For those approved activities that take place in a state other than Colorado.
or in the event a court of cornpetent jurisdiction determines on final judgment that the
limits of the Colorado Governmental lmmunity Act do not apply, the University of
Coiorado Seii-insurance anci fr.isk Managerneni Trust has pr"ovideci ior professionai
iiabiiity insuiance cc'verage of ai oi" abc,ve S1,000,000i$3,S00,000 "rhrough a coirimerciai
lnsurence pclicy, to the extent that such pclicy would cover the actions cf studsnts fr*rn
the COLLEGE pariicipating under this Agree!'.nent J
10. Further, all students subject to the provisions of $840-101 C.R.S. ef seg.,
and participating in educational programs conducted by or administered through the
COLLEGE, will be covered under the Colorado Workers' Compensation Act. The
COLLEGE will be responsible for providing workers' compensation and liability
coverage for students of COLLEGE at the AGENCY.
11. The COLLEGE shall inform its students that they must obtain priorwritten
approvalfrom the AGENCY and the COLLEGE before publishing any material related to
the clinical educational experience.
B. Responsibilities of the AGENCY
1. The AGENCY has a responsibility to maintain a fearning environment in which
sound educational experiences can occur, therefore, the AGENCY will provide physical
facilities and learning opportunities for the clinical study of nursing.
2. t he AGENCY will provide the opportunity for students and faculty to observe
and pariicipate in agreeci upon services provided by ihe HGENCY.
3. The A.GEI'ICY wi!! retain f';!! respcnsibility fo:' care cf the patlents and rn,il!
maintain administrative and professional srtpervision of students insofar as their
presence and program assionments affect the operation of the AGENCY and its care.
direct and indirect, of patients.
4. lhe AGENCY wlli provlde adequate chnrcal tacrltties tor participatrng students
in accorciance wiih the ciinical objeciives cievelopeti iirrough cooperative pianning by
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5. The AGENCY staff wi!|, upon request, assist the COLLEGE in the evaluation
of the learning and performance of participating students.
6" To the extent possible, the AGENCY will provide for the orientation of
COLLEGE's participating stucients as to the AGENCY's phiiosophies, ruies, regulations,
arrd poiiuies of tire AGEI'ICY. Attendarrce ai suuli orieritatiori wiil be requii'eti befure airy
r.f' 'rl'rn* rrrill l*,r nnrnritin..{ ln nnrlininnln in llrn ^r^^r^'motugvr r( y.rrr ve yga r I Irrtsu rv par rtvtpgtg lr I tt r9 }/t vyt at I l.
7" The AGENCY will limit access to students'files and persona! information and
will rnaintain files and personal information in confidence and limit access to only those
employees or agents with a need to know and further agrees to comply with the Family
Educational Rights and Privacy Act, 20 U.S.C. $ 12329 ("FERPA") and its implementing
reguiaiions anci ail appiicabie federai and state laws and reguiaiions concerning ihe
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rcgulations apply to thc COLLEGE. Fcr the purpcses cf this Agrecrncnt, pu;'suant to
FERPA, the COI*I-FGE herehy designates the AGFNCY as a school officia! rrrith a
legitimate educational interest in the educational records of the student(s) who
participate in the Program to the extent that access to the records is required by the
AGENCY to carry out the Program.
8. Agency is a governmental entity that is self-insured. Notwithstanding any other
provision to the contrary, nothing herein shall constitute a waiver, express or implied of
any of the immunities, rights, benefits, protections, or other provisions of the Colorado
Governmental lmmunity Act.
9. The AGENCY will provide written notification to the COLLEGE promptly if a
claim arises involving a student.
10. The AGENCY will permit, on reasonable request, the inspection of clinical
and related facilities by agencies charged with the responsibility for accreditation of the
COLLEGE.
11. The AGENCY will resolve any situation in favor of its patients'welfare and
restrict a student to the role of observer when a problem may exist untit the incident can
be resolved by the staff in charge of the student or the student is removed.
12. The AGENCY shall designate a Clinical Educator. The AGENCY shall notify
the COLLEGE of the temporary absence (more than one week) of the Clinical Educator
and designate an acting Clinical Educator.
C. Mutual Responsibilities
1. Representatives for each party will be established on or before the execution
of this AGREEMENT.
2. The parties will work together to maintain an environment of quality patient
care. At the insistence of either party, a meeting or conference will promptly be held
between COLLEGE and AGENCY representatives to resolve any problems or develop
any improvements in the operation of the clinica! training program.
3. The personnel of both parties will seek each other's cooperation in carrying outthe provisions of this AGREEMENT. During the term of this AGREEMENT,
arrangements may be made for periodic meetings between representatives of the
COLLEGE and representatives of the AGENCY to promote understanding of and
adjustments to any operation or activity involved herein.
4. The AGENCY may request the removal of any student whom the AGENCY
determines is not performing satisfactorily, or who refuses to follow the applicable
administrative and patient care policies, procedures, rules, and/or regulations. Such
request must be in writing, and must include a statement of the reason or reasons why
AGENCY desires to have the student removed. The student must be afforded by the
COLLEGE.an opportunity to respond in writing to the statements. However, AGENCY
may immediately remove from the premises any student who poses an immediate
threat or danger to personnel or to the quality of medical servic€s, or for unprofessional
behavior.
D. Term and Termination
This AGREEMENT will commence as of the date first written above and will
continue for one year. This AGREEMENT may be extended in writing for additional one
year terms upon mutual agreement of AGENCY AND COLLEGE. This AGREEMENT
may be canceled at any time and for any reason by either party upon not less than thirty
(30) days prior written notice to the other party. Should notice of termination be given
under this Section, students then scheduled to AGENCY will be permitted to complete
any previously scheduled clinical assignment at AGENCY.
E. Governing Law
The laws of the State of Colorado and rules and regulations issued pursuant
thereto will be applied in the interpretation, execution, and enforcement of this
AGREEMENT. Any provisions of this AGREEMENT, whether or not incorporated
herein by reference, that provide for arbitration by any extra-judicial body or person or
that are otherwise in conflict with said laws, rules, and regulations will be considered
null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this provision in whole or in part will be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the
remainder of this AGREEMENT to the extent that the AGREEMENT is capable of
execution.
F. Employment Disclaimer
The students participating in the program will not be considered employees or
agents of the AGENCY for any purpose. Students will not be entitled to receive any
compensation from AGENCY or any benefits of employment from AGENCY, including
but not limited to, health care or workers' compensation benefits, vacation, sick time, or
any other benefit of employment, direct or indirect. AGENCY will not be required to
purchase any form of insurance for the benefit or protection of any student of the
COLLEGE.
G. Assignment
This AGREEMENT will not be assigned by either party without the prior written
consent of the other.
H. Governmental lmmunity
It is specifically understood and agreed that nothing contained in this paragraph
or elsewhere in this AGREEMENT will be construed as: an express or implied waiver
by the COLLEGE of its governmental immunity or of the governmental immunity of the
State of Colorado; an express or implied acceptance by the COLLEGE of liabitities
arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities
allowable under the Colorado Governmental lmmunity Act, C.R.S. 524-10-101 et seq.; a
pledge of the full faith and credit of a debtor contract; or, as the assumption by the
COLLEGE of a debt, contract, or liability of the AGENCY in violation of Articl-e Xl,
Section 1 of the Constitution of Colorado.
l. Notices
All notices provided by either party to the other will be in writing, and will be
deemed to have been duly given when delivered personally or when deposited in the
United States mail, First Class, postage prepaid, addressed as follows:
J. Evidence of lmmunization/Health Status
lf applicable, the AGENCY shall notify the COLLEGE of any reguests for
evidence of immunization. The COLLEGE will then provide evidence to tne AGENCy
of any required immunizations for its students.
K. Responsibility for Injuries
The AGENCY will be responsible to the extent permifted by law and within the
limits of the Colorado Governmental lmmunity Act for any claim or cause of action
based solely upon the negligence of its employees and agents involved in providing
services related to this agreement.
Pursuant to the Colorado Governmental lmmunity Act, the COLLEGE agrees tobe responsible for injuries sustained solely from an act or omission of iti public
employee, or where specifically permitted by the Colorado Governmental lmmunity Act,a student, occurring during the employee's duties and within the scope of his/her
employment, unless the act or omission is willful and wanton or where sovereign
immunig bars the action against the COLLEGE.
For the Agency:Forthe COLLEGE:
Jennie Wahrer, BSN. RN Karen L. Gorton, PhD, RN, MS
Maternal & Child Health Manager Assistant Dean of Undergraduate
Programs
Eagle County Public Health & Environment CU COLLEGE of Nursins, Mailstop 288-19
551 Broadwav, POB 660 13120 E. 19th Avenue
Eagle, Colorado 81631 Aurora, Colorado 80045
Notwithstanding the foregoing, in no event shall either party be liable hereunder
(whether in an action in negligence, contract or tort or based on a warranty or
otherwise) for loss of profits or revenue, or any indirect, incidental, special or
consequential damages incurred by the other party or any third party, even if the party
has been advised of the possibility of such damages, except that this limitation shall not
apply to damage to tangible property or injuries to persons, including death.
L. Severability
Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this AGREEMENT to the extent that the AGREEMENT is
capable of execution.
M. Headlines
Headlines in this AGREEMENT are for convenience only.
N. Entire Agreement
This AGREEMENT contains the entire AGREEMENT of the parties and may be
modified only by a written instrument executed by both parties.
In WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed effective as of the date first wriften above.
COLLEGE:AGENCY:
By
Sarah Thompson, PhD, RN, FAAN
Dean, UCD College of Nursing
5-3t-/UDate I
Brent McFall,
Coun$ Mayager,(/rL/
uate I
THE REGENTS OF THE UNIVERSITY COUNTY OF EAGLE, STATE OF COLORADO, By and
Through lts COUNTY tIlANAcER
Revised Auousl 2013
