HomeMy WebLinkAboutC97-318 Regis UniversityJRSING AFFILIATION AGRE /TENT C'97 318 2 0
Department of Nursing
Regis University
This Agreement made and entered into as of the 30th day of September, 1997, by and
between Regis University, for the use and benefit of the Department of Nursing (hereinafter
referred to as "University") and Eagle County Department of Health and Human Services
(hereinafter referred to as "Agency").
WITNESSETH:
WHEREAS, University conducts an education program for the preparation
of professional practitioners of nursing on the Baccalaureate and Masters level, 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 University's students
referred to its Agency; and
WHEREAS, University desires to have the opportunity to refer its students to
Agency for clinical instruction and experience; and
WHEREAS, University and 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, University and Agency agree as follows:
RESPONSIBILITIES OF THE UNIVERSITY
1. University shall determine the content of, the manner of presentation, and all
other academic and administrative aspects of the learning experiences of
University students conducted under the auspices of this Agreement except as
otherwise provided herein.
2. University shall provide for the administration and operation of the courses which
are part of the School's curriculum, including such programs of study offered
students using the Agency facilities.
3. University 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. University 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 University and Agency.
5. University shall orient all students referred to Agency facility to those Agency
policies, rules and regulations identified by Agency and provided to the University
Director in writing which are applicable to their presence on and conduct of
activities at Agency's facilities.
6. University will provide Agency with a copy of the current license of each RN
student referred to the Agency under this Agreement.
7. University 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.
B. University shall require that all students referred to Agency under this Agreement
carry health insurance coverage under University's health insurance program or
under a comparable accident and sickness health insurance plan.
9. The University shall provide worker's compensation insurance and liability
insurance for all students referred to Agency under this Agreement to the extent
required by law.
10. University personnel and students shall be obligated to adhere to the policies,
regulations and procedures of Agency provided Agency provides notification of
such policies, regulations and procedures to the University as provided in Section
II, Number 1 or directly to University personnel or students affected.
11. University 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 to himtherself, or who violates Agency policies, regulations or
procedures despite warning.
12. The Department of Nursing Director or delegatee will be the liaison officer and the
principal contact between Agency and University for purposes of administration of
this Agreement.
II RESPONSIBILITIES OF THE AGENCY
1. Agency shall have sole responsibility for establishing the policies, regulations and
procedures applicable to its operations and activities. It shall notify University of
all policies, regulations and procedures which it expects University's personnel
and students to adhere to while on Agency premises or conducting activities in
Agency facilities. Agency may notify University personnel and students directly
without prior notice to University of policies, regulations and procedures if
circumstances prohibit such prior notice.
2. Agency shall maintain its facilities which are open to University personnel and
students in compliance with applicable local, state and federal laws and
regulations and accreditation agency requirements, if any.
3. Agency administration and personnel recognizes its responsibility to maintain a
learning environment of high quality in which sound educational experiences can
occur.
4. Agency has the responsibility for adequate direction and supervision of its nursing
staff and provision of high standards of nursing care.
5. 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.
6. Agency will provide physical facilities, including without limitation, conference
space, access to the library, space to hang coats, lunch and cafeteria privileges
(purchase lunch and eat sack lunches in cafeteria) as necessary to the
administration of this Agreement and to the conduct of the learning experiences
conducted under the auspices of this Agreement, within the limits of Agency.
7. Agency shall appoint a liaison officer and notify University of same. Such officer
shall be the principal contact between Agency and University for purposes of
administration of this Agreement.
8. Agency may remove and restrict from entry upon its premises University
personnel or students who it determines, in its reasonable discretion, imposes an
unreasonable risk of harm to Agency personnel, clients, property of him/herself,
or who violates Agency policies, regulations or procedures despite warning.
Agency shall exercise reasonable efforts under the circumstances to notify
University of its intent to remove or restrict prior to taking action and shall notify
University as soon thereafter as is reasonable.
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9. Agency personnel shall not be obligated to participate in the learning experiences
of students referred to Agency hereunder except to the extent agreed between
University 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.
10. 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.
11. Agency shall retain ultimate responsibility and control for the total care of its
patients.
III. JOINT RESPONSIBILITIES AND TERMS OF AGREEMENT
1. The staffs of both parties shall serve as resource personnel on a non -
compensation basis at the request of either party with appropriate approval.
2. 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.
This agreement shall commence as of September 30, 1997and continue in full
force and effect through December 31, 2000. The Agreement may be terminated
by either party during its term only for cause provided the party seeking to
terminate the Agreement has provided the other party written notice of the alleged
cause. The alleged breaching party shall have thirty (30) calendar days after
receipt of notice to remove the cause or cure the breach. If the cause is removed
or the breach cured within that 30 calendar day period, the contract shall remain
in force and effect. In the event the cause is not removed or the breach is not
cured within the 30 day period, the party providing notice may thereafter terminate
the Agreement.
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The nature of this Agreement is such that each parry undertakes obligations to
the other parry with no passage of funds between the parties or between
personnel of their respective staffs.
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.
Agency shall not prepare or maintain any records with respect to students of
University engaged in the learning experiences at Agency under this Agreement.
Any written notice or communication provided for, required, or permitted herein
shall be addressed to the following:
Nancy Kiernan Case, R.N., Ph.D
Director, Department of Nursing
Regis University
3333 Regis Boulevard
Denver, CO 80221-1099
Eagle County Department
of Health and Human Services
P.O. Box 660
Eagle, CO 81631
This agreement constitutes the entire agreement between the parties and
supersedes all prior written and oral agreements. Any changes, modifications,
supplementations or amendments to this Agreement must be reduced to writing
and signed by the parties which are signatory hereto.
The relationship between the parties is intended to be that of independent
contractors and this Agreement shall be construed to fulfill that intent.
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.
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.
ITY
Nandi Kieman se, R.N., PhX
Director, De ent of Nursing
Regis Univ
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Date
Joseph C. Weber, Ph.D.
Associate Vice President, Finance
Regis University
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Date
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Johnnette Phillips
Chairman, Eagle County Board of
County Commissioners
1,711 9159 7
Date
