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HomeMy WebLinkAbout2014 Ordinance No. 039,, ORDINANCE NO. ;ft_ SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AFFILIATION AGREEMENT TO PERMIT CLINICAL TRAINING-ENGLEWOOD FIRE DEPARTMENT" BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved an affiliation agreement with Red Rocks Community College allowing the Englewood Fire Department to provide clinical training to Red Rocks Community College students with the passage of Ordinance No . 15, Series of 2011; and 9 b iv WHEREAS, Red Rocks Community College provides training and a degree in emergency medical services; and WHEREAS, as part of that training, students are required to complete clinical experience, supervised by a preceptor; and WHEREAS, the Dean of Red Rocks Community College and the Assistant Professor of EMS approached the Englewood Fire Department requesting that their students be pennitted to work with the Fire Department to gain some of that clinical experience due to the volume of calls and the expertise of the preceptors of the Englewood Fire Department; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the IGA entitled "Affiliation Agreement to Pennit Clinical Training-Englewood Fire Department" between the State of Colorado and the City of Englewood, Colorado, as attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of July, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11 th day of July, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of July, 2014 for thirty (30) days. Read by title and passed on final reading on the 21 st day of July, 2014. Published by title in the City's official newspaper as Ordinance No. t>:J, Series of 2014, on the 25 th day of July, 2014. Published by title on the City's official website beginning on the 23rd day of July, 2014 for thirty (30) days . I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the ~bove and ~oregoing is '1~e c~py of the Ordinance passed on final reading and published by title as Ordinance No.~ Senes of 2014. ... • '4~ _...,,.._Lo-uc .... n--·s-hi""'a--A._E_lli_·s--- Contract# CA140225 R.EDROCKS C.OMMllNITV ( 01 I r\,il AFFILIATION AGREEMENT TO PERMIT CLINICAL TRAINING Englewood Fire Depnrtmcnt THIS AFFILIATION AGREEMENT by and between the State of Colorado. Department of Higher Education, by the State Board for Community Colleges and Occupational Education for the use and benefit of RED ROCKS COMMUNITY COLLEGE, located at 13300 West Sixth Avenue, Lakewood, CO 80228-1255 (hereinafter referred to as "RRCC"), and Englewood Fire Department, located at 361 S S Elati Street, Englewood, CO 80110 (hereinafter referred to as the "Institution"). WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS the Institution has the facilities to provide the necessary lea.ming experiences desired, WHEREAS the parties concur that it is to their mutual advantage and benefit that students enrolled at RRCC utilize the Institution during their Clinical experiences; and, WHEREAS students and faculty ofRRCC provide a source of stimulus and an example of excellent patient care, WITNESSETH, that the Parties above-named, in consideration of the mutual promises contained herein and other good and valuable consideration, hereby agree as follows: THE CLINICAL SITE SHALL BE: Englewood Fire Department TERMS AND CONDITIONS l. Definitions. The following definitions apply. a. "Clinical" means a program of study os part of a RRCC course or degree requirement, conducted in cooperation with the Institution, whereby Clinical Students under the supervision of n preceptor receive experience and instruction in a professional setting. b. "Preceptor" means that person employed or retained by either RRCC or the Institution to supervise the clinical experience. c. "Clinical Student" means a person enrolled at RRCC who is to complete the Clinical. A clinical student includes, but is not limited to students enrolled in a Health Careers, Emergency Medical Services or Fire Science program such as Advanced Emergency Medical Technician, Diagnostic Medical Sonography, I X H I e I T A > 2. Emergency Medical Technician, Medical Assisting, Nursing, Phlebotomy, Physician Assistant, and Radiologic Technology. Purpose. a. As part of RRCC educational requirements or as required for the award of a degree or certificate in a particular area of study, students must complete a Clinical experience supervised by a preceptor. b. The Institution has facilities and professional staff appropriate for this Clinical. c. By entering into this Agreement, the parties hereto do not intend that any of the RRCC staff or any Clinical Student is to be an employee of the Institution's for any purpose, except that to the extent that the activities perfonned hereunder are subject to the provisions of the Healthcare Insurance Portability and Accountability Act of !996 ("HIPAA"), the Clinical Student shall be deemed a member of the Institution's workforce at all times while performing the Clinical duties and activities. RRCC staff and Clinical Students shall not act as the Institution's agents or representatives in any capacity, and shall not make any commitments on behalf of the Institution. The Parties hereto arc not partners, agents nor principals of one another. 3. Term. This contract takes effect on the date signed by the College President. It shall renew annually for a maximum of three (3) consecutive years unless either Porty gives written notice to the other Party ninety (90) days prior to the renewal date. This contract may be terminated at any time by mutual consent of the parties hereto in writing, and signed by the authorized representative of each Party. In the event that a notice to terminate is given by either Party, this Agreement shall continue in full force and effect so as to pcnnit the completion of all Clinicals that began prior to the Contract End Date, and with respect to such ·Ctinicals, all tenns and conditions of this Agreement shall apply until the last such Clinical is completed. 4. RRCC Obligations. a. RRCC acknowledges its sole responsibility for the planning ond execution of the educational program through its program personnel and community faculty. b. RRCC shall be responsible for academic administration, curriculum content and programming, Clinical Student recruitment, admission, promotion and graduation, maintenance of all Clinical records and reports, and final detennination of all grades to be awarded to Clinical Students for Clinical participation. c. RRCC shall ensure that all Clinical Students have completed all applicable prerequisite courses and any other requirements necessary prior to Clinical placemenl d. RRCC hereby agrees to apprise Clinical Students of the confidential nature of client infonnation. e. RRCC will require Clinical Students to comply with rules and regulations of the Institution while present within the Institution; • f. RRCC will assure that each Clinical Student and faculty member will maintain • appropriate current immunizations and ev idence of the absence of tuberculosis~ Rev. 10/16/2013 Page 2 of7 • g. RRCC will engage in cooperative planning with appropriate Institution personnel for the selection and assignment of student Clinical learning experiences; h. RRCC will infonn Clinical Students of their responsibility to provide any transportation. meals, and lodging related to the Clinical rotation. i. RRCC will assure that Clinical Students will be responsible for their own medical care while within the Institution, although the Institution may be asked to render emergency care in appropriate and extraordinary circumstances; j. RRCC recognizes the authority of the Institution to refuse the use of its facilities to any Clinical Student who does not meet the standards of the lnstitutionj 5. The Institution's Obligations. a. The Institution will provide for the orientation of Clinical Students at the Institution, and will make available to them all of the Institution's pertinent policies, rules and regulations; b. The Institution will allow access to the facilities of the Institution for the clinical training of Clinical Students, including the participation orthe Clinical Students in the delivery of medical services under the supervision of assigned preceptors; c. The Institution shall have sole authority and control over all aspects of client services, including those activities wherein Clinical Students may be exposed to or interrelate with clients. d. The Institution shall, in consultntion with appropriate RRCC faculty and the Preceptor, designate those clients to whom Clinical Students may be exposed for their Clinical experience. The Institution shall determine the dates of Clinical assignments for specific duties related to the Clinical rotations. e. The Institution, in its discretion, may at any time exclude from participation hereunder any Clinical whose performance is detennined to be detrimental to the Institution's clients, who fails to comply with proper channels of communication or the Institution's established policies and procedures, or whose performance is otherwise unsatisfactory. f. The Institution will render emergency care to Clinical Students in appropriate and extraordinary circumstances, including the use of CDC-consistent guidelines after exposure to blood or bodily fluids. 6. Both Parties agree that: a. they will cooperate in the coordination of Clinical Students placement at the Institution; b. they will notify one another of any issues involving the safety of patients, staff, Clinical Students, or faculty; c. they will inform one another of changes in personnel, curriculum or the availability of learning opportunities at the earliest possible time; Rev. 10/16/2013 Page3 of7 d. upon its request, the Institution shall enjoy representation on the curriculum committee and advisory board of the program; e. any preceptors who are employed by the Institution shall be given ''Clinical Instructor" appointments within RRCC, but shell not receive financial compensation or workers' compensation coverage from RRCC as the result of their service; 7. Liability and Insurancei Governmental Immunity. a. RRCC, as an entity of the State of Colorado, is entitled to certain immunities under Colorado law, including the Colorado Governmental Immunity Act, C.R.S. §§ 24- 10-101, et seq., and is self-insured as more fully set forth in Risk Management laws, C.R.S. §§ 24-30-150 I, ct seq. The parties agree that such insurance shalt satisfy all insurance requirements of this Agreement except as otherwise specified herein. b. The Colorado Constitution prohibits the State of Colorado and RED ROCKS COMMUNITY COLLEGE from agreeing to indemnify any other party, public or private. In addition, the Colorado Governmental Immunity Act limits the tort liability of public entities and their employees and authorized volunteers acting in the course of authorized governmental undertakings. Any provision of this Agreement, whether or not incorporated herein by reference, shal I be controlled, limited and otherwise so modified by statute. Parties to this Agreement should seek liability protection through their own insurance or otherwise. c. Workers' Compensation insurance coverage for Clinical Students participating under this Agreement shall be provided by RRCC. d. Clinical Student liability insurance shall be provided by RRCC in the amount of $1,000,000 each incident or occurrence and $3,000,000 in the aggregate. 8. HIPAA Compliance. a. Tho parties agree that to the extent required unde r the provi sions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 as that act may be amended from time to time, and regulations promulgated hereunder, RRCC and Institution hereby assure they will appropriately safeguard protected health information (PHI) made availab le to or obtained pursuant to this Agreement. Without limiting obligations otherwise set forth in this Agreement or imposed by applicable law, the parties agree to comply with applicable requirements of law relating to PHJ and shall: • Not use or further disclose PHI other than as permitted or required by this Agreement or as required by law; • Use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement; • Report to both parties of this agreement, any use or disclosures of PHI not provided for by this Agreement of which s/he becomes aware; • Ensure that any subcontractors or agents to whom RRCC or Institution provides PHI agree to the same restrictions and conditions that apply to them with respect to PHI; • Make available PHI in accordance with applicable law; A • Make available to the Secretary of the United States Health & Human W Services, RRCC or Institution's internal practices, books, and records Rev. 10/16/2013 Page 4 of7 • 9. 10. 11. 12. 13. 14. relating to the use and disclosure of PHI received pursuant to this Agreement for purposes of determining compliance with applicable law; • Provide information required to make an accounting of disclosures pursuant to applicable law; • At the termination of this Agreement, return or destroy all PHI in any form received pursuant to this Agreement and retain no copies of the said PHI; and • This Agreement may be amended from time lo time, if and to the extent required by the provisions of HIPAA and the regulations promulgated there under, so that this Agreement is consistent therewith. Termination. This Agreement may be terminated as follows: a. For Convenience. Eid1er Party may terminate this Agreement for any reason by providing ninety (90) days written notice to the other Party of its intention to terminate, provided that Clinical Students shall be pennitted to complete Clinicals that began prior to the termination notice. b. For Default. A Party will be considered in default of its obligations under this Agreement if such Party should fail to observe, to comply with, or to perform any tenn, condition, or covenant contained in this Contract and such failure continues for ten ( I 0) days after the non-defaulting Party gives the defaulting Party written notice thereof. In the event of default, the non-defaulting Party, upon written notice to the defaulting Party, may terminate this Contract as of the date specified in the notice, and may seek such other and further relief as may be provided by law. To the extent reasonable, the Parties shall endeavor in good faith to prevent the early termination of any ongoing Clinical ns a result of the tennination of this Agreement under this section. No Third Party BeneOclaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the parties and nothing contained in this Agreement shall give or allow any such claim or right of action by nny other or third person. It is the express intention of the parties that any person other than a party to this Agreement receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Denver, State of Colorado. Assignment. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written approval of the parties. Waiver. 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. Anti-Discrimination. The parties agree that in the perfonnance of this Agreement, there will be no discrimination against Clinical Students, employees, or other persons related to race, color, sex, religion, creed, age, national origin, sexual orientation, or disability. Rev. 10/16/2013 Page 5 of7 IS. Entire Agreement. This Agreement constitutes the entire agreement between the panics and supersedes any previous contracts, understandings, or agreements of the panies, whether oral or written, conceming the subject matter of this Agreement. 16. Amendment. Any amendment to this Agreement must be in writing and must be signed by the parties. 17. Notices and Representatives. Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal represento.tive at the address set forth below. In addition to, but not in lieu ofa hard- copy notice, notice also may be sent by e-mail to the e-mail addresses, ifany, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt RRCC: Clinical Representative Barbara Eagleman Clinical Site Coordinator Red Rocks Community College 13300 W. 6th Ave., Box 34 Lakewood, CO 80228 303-914-6461 barbara.eagleman@rrcc.edu Institution Representative: Stephen Green Englewood Fire Department 3615 S Elati Street Englewood, CO 80 t l 0 303· 762-24 76 303-762-2406 Fax sgreen@englewoodgov.org Business Services Lynn Beltran Coordinator of Purchasing I Red Rocks Community College 13300 W. 61h Ave., Box 30 Lakewood, CO 80228 303-914-6344 lynn.beltrnn@rrcc.edu 18. Severability. In the event that any provision of this Agreement is held unenforceable for any reason, the remaining provisions of this Agreement shall remain in full force and effect. 19. Commencement This contract shall commence on the date signed by the College President. Rev. 10/16/2013 Page6 of7 • By: THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT • Persons signing ror Contractor hereby swear and affirm that they are authorized lo ocl on Conlroclor's behalr and acknowledg11 that the State Is relyln on their representations to that effect. CONTRACTOR ST ATE OF COLORADO John W. Hickenlooper, COVERNOR State of Colorado, Department of Higher Education, Slate Rand:r: Penn Board for Community Colleges and Occ:upatlonal Education, Title: Mayor for the use and benc fit of Red Rocks Community College •signature By: C. Michele Haney, President Date: Date: 2nd Contractor Signature (if needed) LEGAL REVIEW John W. Suthers, Attorney General By: NOT REQUIRED FOR THIS CONTRACT Title: By: *Signature Signature-Assistant Attorney General (; Date: Date: Rev. IOJl6J20JJ Page 7 of7 COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 7, 2014 9 a iv Red Rocks Community College Affiliation Agreement to Permit Clinical Training Initiated By: Staff Source: Fire Department Andrew Marsh, Fire Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This is a renewal of an agreement that has been in place since 2011. City Council has approved this agreement by ordinance in the past. RECOMMENDED ACTION Staff seeks City Council approval of an affiliation agreement with Red Rocks Community College to allow the Fire Department to provide clinical training to students of the College. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Red Rocks Community College (RRCC) provides training in emergency medical services, including a degree program in the field. As a part of that training, students are required to complete clinical experience supervised by a preceptor. The RRCC Dean of Instruction and the Assistant Professor of EMS selected our Fire Department as a clinical rotation site due to the volume of calls and the expertise of our preceptors. FINANCIAL IMPACT None. The clinical training is provided by on-duty Fire Department personnel. LIST OF ATTACHMENTS Bill for an Ordinance