HomeMy WebLinkAboutC17-049 University of CincinnatiUNIVERSITY OF CINCINNATI
DISTANCE LEARNING EDUCATIONAL AFFILIATION AGREEMENT
THIS AGREEMENT ("Agreement"), effective as of
02/02/2017
by and
between the UNIVERSITY OF CINCINNATI (hereinafter referred to as the "School") and
COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic (hereinafter
referred to as the "Agency") shall govern the use of the Agency's facilities by the faculty and
students of the School.
WHEREAS, it is to the mutual benefit of the Agency and the School to cooperate in educational
programs using the facilities of the Agency; and
WHEREAS, it is in the best interests of the parties to jointly plan for the organization,
administration and operation of the educational programs.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants by each party to be kept and
performed, it is agreed as follows:
ARTICLE I - SCHOOL RESPONSIBILITIES
A. The School agrees to assign only students who are in good standing and for whom the School
has on record:
(1) documentation that the student is free of communicable diseases, including results of a 2 -
step Mantoux tuberculin test;
(2) current immunizations; and
(3) evidence of at least basic life support certification in cardiopulmonary resuscitation. The
certification card must show inclusive dates.
B. Students of the School will not be reimbursed for services rendered to the Agency during the
course of the educational program and will not be considered as employees of the Agency
while participating in the program. 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 School.
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C. The standards and philosophy of education, the instruction, and preparation of all
instructional schedules and plans, including hours of clinical experience, shall be the
responsibility of the School. These standards and plans shall be made available to the
authorized Agency personnel.
D. The School shall insure the School and its employees, students, agents and volunteers while
acting on the School's behalf through a comprehensive program of self- insurance for
professional liability, general liability and automobile insurance. Evidence of this insurance
shall be provided to the Agency and attached hereto as Exhibit A and incorporated herein by
reference. If employees of the School will be in the Agency with students during the
affiliation experience, the School shall also provide, upon request, evidence of Workers'
Compensation insurance covering its employees.
E. The School shall make all reasonable effort to assure that the students comply with the
Agency policies and procedures; provided, that the Agency first orients the School's students
in such policies and procedures.
F. The School shall inform students that Agency requires access to students' education, training,
prior experience, levels of competency and such other information. The School shall make
reasonable efforts to obtain from students authorization to release such records.
G. The School shall ensure that all students involved in the educational program at the Agency
will receive training regarding the privacy rules of the Health Insurance Portability and
Accountability Act (HIPAA) prior to entering the facilities of the Agency. The School will
present proof of such training to the Agency upon request. The School and its students agree
to safeguard and maintain the confidentiality of patient information and health records in
accordance with the policies and procedures of Eagle County and the requirements of the
Health Insurance Portability and Accountability Act (HIPAA).
H. Conducting criminal background checks on students assigned to Agency:
(1) If requested by Agency, student shall be responsible for completion of a criminal
background check conforming to specific criteria Agency provides to School. The
student will submit the results of the criminal background check to School.
(2) Upon receipt of the student's criminal background check results, School will:
a. provide the results of the criminal background check to Agency after School obtains
Student's consent to do so; and
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b. if the University has any question regarding whether a crime listed on a student's
criminal background check would prevent the student from working in the Agency,
the background check will be submitted to the Agency for its review after the
University obtains student's consent to do so.
I. The School will be responsible for the acts and omissions of its employees, students and
agents arising hereunder. The School maintains a comprehensive program of self-
insurance and commercially purchased insurance, covering property, casualty and
liability exposures to the School and its employees, agents, students and volunteers, while
acting on the School's behalf. While performing any services under this Educational
Affiliation Agreement, students of the School will be covered by School's comprehensive
program of self-insurance for professional liability, general liability and automobile
liability.
ARTICLE II - AGENCY RESPONSIBILITIES
A. The Agency controls the Agency's administrative and professional operations and the direct
or indirect care of the Agency's patients.
B. The School shall be informed regarding changes in clinical facilities, which may affect the
clinical experience of the School's students.
C. The Agency shall ensure emergency care is provided to students for any accident, injury or
illness. The student's health insurance shall be billed for any emergency service, and the
balance billed to the student. Responsibility for Follow-up care remains the responsibility of
the student. The School shall require all participating students to provide proof of health
insurance.
D. The Agency shall provide information regarding each student's performance in the clinical
setting if so requested by the School.
E. When in the opinion of the Agency, a student's conduct or performance adversely affects
patient care, disrupts the operations of the Agency, or violates the policies and
procedures of the Agency, the Agency shall notify the School in writing. The Agency shall
have full discretion in determining whether the student should be removed from the clinical
rotation at the Agency.
F. The Agency shall provide access at reasonable times and with reasonable advance notice to
representatives of the School and to representatives of the School's accrediting bodies.
G. The Agency will protect student confidential information and education records from
disclosure and agrees to abide by all applicable law, including but not limited to, the Federal
Family Education and Privacy Rights Act (FERPA), 20 U.S.C. & 1232 (g), and the Health
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Insurance Portability and Accountability Act (HIPAA), Codified at 42 U.S.C. § 300gg and
29 U.S.0 § 1181 et seq. and 42 USC 1320d et seq. Agency further agrees to report any
breach of confidential student information or educational records to the College within five
(5) days of determining such a breach.
H. Agency shall develop, implement, maintain and use appropriate administrative, technical
and physical security measures to preserve the confidentiality, integrity and availability of all
electronically maintained or transmitted student education records received from, or on
behalf of School or its students. The procedures will be documented and available for School
to review upon request. Upon termination, cancellation, expiration or other conclusion of
the Agreement, Agency shall securely store or destroy student education records in
accordance with its own human resource retention policies.
I. Agency will be responsible for enforcement of its HIPAA policies and procedures and
compliance by School's students. School's students will be functioning as part of the
Agency's workforce pursuant to 45 C.F.R. §160.103 and will be subject to the Agency's
HIPAA policies and procedures.
J. The Agency shall insure itself and its employees through a fiscally sound program of self-
insurance or commercial insurance or a combination thereof, for professional and general
liability.
ARTICLE III - JOINT RESPONSIBILITIES
A. Both the Agency and the School shall designate liaison personnel to assure systematic
planning and the exchange of information regarding the students' clinical experience.
B. The School and the Agency agree that, in the event that either becomes aware of a claim
asserted by any person arising out of this agreement or any activity carried out under this
agreement, the parties shall cooperate in defending the claim, securing evidence and
obtaining the cooperation of witnesses.
C. The maximum number of students assigned to the Agency during any instructional period
shall be established by mutual agreement thirty (30) days in advance of any student's clinical
affiliation with the Agency. The Agency reserves the right to limit the number of students it
accepts for affiliation.
D. When Agency staff serve as preceptors supervising students' clinical experiences, the
preceptors: 1) May not supervise more than two students at any one time and 2) implement
the clinical education plan at the direction of a faculty member participating in the course in
which the student is enrolled. Preceptors and roles and responsibilities of the preceptors and
faculty are mutually agreed upon by the Agency and the School.
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E. Where areas of difference exist or occur in rules, regulations, or questions of nursing,
clinical, medical or other Agency practices, the Agency rules, regulation or practices shall
prevail and such conflict shall be referred to School and Agency liaison personnel.
F. The parties agree that there shall be no discrimination based on race, color, religion, national
origin, sex, sex orientation, age, physical or mental handicap or status as a disabled veteran
or veteran of the Vietnam era.
G. This Agreement shall commence upon the date first written above, and shall continue in
effect for one (1) year from the effective date with the understanding that this Agreement
may be extended for additional one (1) year terms upon execution of a written amendment to
the Agreement. The Agreement can be terminated at the will of either party hereto, with or
without cause, upon giving the other party no less than thirty (30) days written notice of the
party's intention to terminate. 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.
H. Governmental Immunity. 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 Agency of its governmental immunity or of the governmental immunity of the
State of Colorado; an express or implied acceptance by the Agency of liabilities 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 Immunity Act, C.R.S. §24-10-101 et seq.; a pledge of the
full faith and credit of a debtor contract; or, as the assumption by the Agency of a debt,
contract, or liability of the Agency as applicable in violation of the Constitution of Colorado.
I. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies
related to this Agreement, or breach thereof, shall be construed and interpreted under the
laws of a state of competent jurisdiction in that state's courts having jurisdiction over the
parties and the subject matter.
ARTICLE IV - NOTICES
Notice to School shall be in writing and sent by United States regular mail, postage prepaid, to:
University of Cincinnati
Proctor Hall
3110 Vine Street
Cincinnati, OH 45221-0038
Attn: Clinical Site Coordinator
Notice to Agency shall be in writing and sent by United States regular mail, postage prepaid, to:
Eagle County, Colorado
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Attention: Jennie Wahrer
551 Broadway
PDB 660
Eagle, Colorado 81631
Telephone: 970-328-2604
Jennie.wahrer@ea leg county.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E -Mail: atty@eaglecounty.us
ARTICLE V — PRECEPTOR RESPONSIBILITIES
1. Orient the student to the agency's physical facilities, policies, procedures and the role
the student will assume.
2. Provide supervision for assigned student in the clinical area.
3. Implement the clinical education plan at the direction of the faculty member
responsible for the course in which the student is enrolled.
4. Facilitate and guide the clinical experiences of the student (i.e., assess learning
experiences available, arrange for alternative experiences or use of resources, assess
student's preparation for clinical assignment, including medications, pathophysiology
or diagnoses, etc.).
5. Maintain communication with the assigned faculty member. Notify faculty
immediately of any concerns regarding the student's performance.
6. Meet frequently for informal conferences with the student. Provide student and
faculty with feedback related to performance.
7. Provide ongoing and final evaluations of clinical performance to both the student and
the faculty advisor.
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S. Participate in an overall evaluation of the preceptor guided experience.
9. Serve as a professional rale model immediately available to the student within the
clinical setting.
10. The preceptor may not supervise any more than two students at any one time.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set
forth above.
UNIVERS r'TNr"
By:
Name: Lauren Hunter
Title: Assistant General Counsel
Date: 02/01/2017
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through its COUNTY MANAGER
By:—
Name:
y:
Name: Brent McFall
Title: County Manager
Date: 02/02/2017
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1AM:I1.110 1
Insurance Certificate
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UNIVERSITY OF X(F
Cincinnati
December 8, 2015
RE: Insurance Verification
To Whom It May Concern:
This letter is intended to verify insurance coverage.
Office of Risk Management
and Insurance
University of Cincinnati
PQ Box 676785
Cincinnati, OH 45267-6785
118 Mont Reid Pavilion
(513) 584-5642
(513) 584-5559 Fax
The University of Cincinnati, through its Office of Risk Management and Insurance, maintains a
comprehensive program of self-insurance and commercially purchased insurance, covering property,
casualty and liability exposures to the University and its employees, agents, and volunteers, while acting
on the University's behalf. Students are covered under this program for Professional (patient care) liability
only, while engaged in clinical rotations at the request or direction of the University through a health care
education program and for General Liability while engaged in internships, for liabilities arising within the
scope of those internships.
The primary level of insurance for general and professional (patient care) liability is provided through a
self-insurance program, consisting of trust funds maintained by an independent trustee and actuarially
supported to liability limits of $100,000 per occurrence for general liability and $4 Million per occurrence
for professional liability. The funds financial soundness is reviewed and certified annually by an outside
actuarial firm. We also participate in a self-insurance program among several state universities in Ohio for
automobile liability and general liability insurance coverage's. In addition, commercially purchased excess
insurance is provided above the primary liability insurance coverage's with limits of $15 Million and higher
depending on the type of claim. However, because the primary level of coverage is through self-
insurance, there is no "Certificate of Insurance" for this coverage, and additional insured parties cannot be
named.
Worker's Compensation insurance for University employees is provided through the state fund. We have
been assigned a "Worker's Compensation Risk Number", however, there is not a "certificate" for that
coverage.
If there are any further questions, please feel free to contact the University of Cincinnati Office of Risk
Management and Insurance at 513-584-5042.
Sincerely,
w
Anita Ingram, AR , MB=MTS,
Assistant VP/Chief Risk Officer
S: lcovcragclvcrificaiion of insurance 2015
