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HomeMy WebLinkAbout09258 ORDINANCE NO. 9258 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN LAMAR COMMUNITY COLLEGE AND THE CITY OF PUEBLO RELATING TO PERFORMING EMT CLINICAL RIDE-ALONGS ON PUEBLO FIRE DEPT. APPARATUS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement for performing EMT clinical ride-alongs on Pueblo Fire Dept. apparatus between Lamar Community College and the City of Pueblo, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED: April 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: April 23, 2018 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN LAMAR COMMUNITY COLLEGE AND THE CITY OF PUEBLO RELATING TO PERFORMING EMT CLINICAL RIDE-ALONGS ON PUEBLO FIRE DEPT. APPARATUS SUMMARY: Attached is an intergovernmental agreement between the City of Pueblo and Lamar Community College relating to clinical ride-alongs for LCC EMT students on Pueblo Fire Apparatus. PREVIOUS COUNCIL ACTION: Approved previous IGAs for PCC and Otero Community College. BACKGROUND: This intergovernmental agreement between Lamar Community College and the City of Pueblo allows Lamar Community College students to perform clinical ride-alongs on Pueblo Fire Dept. apparatus. FINANCIAL IMPLICATIONS: None for the requested clinical ride-alongs. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Contract # STUDENT CLINICAL AGREEMENT THIS AGREEMENT, made the April 30, 2018, by and between the State of Colorado for the use and benefit of the Department of Higher Education, State Board for Community Colleges and Occupational Education, for the use and benefit of Lamar Community College located at 2401 South Main Street, Lamar, CO hereinafter referred to as "LCC", and Pueblo Fire Department, located at 1551 Bonforte Blvd., Pueblo, CO hereinafter referred to as the "Provider". WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to provide learning experiences for its students in its Allied Health Programs to include the Emergency Medical Services at Lamar Community College; and WHEREAS the contractor has the facilities to provide the necessary learning experiences desired, WITNESSETH,that the Parties above-named, in consideration of the mutual promises contained herein and other good and valuable consideration, hereby agree as follows: PLACE WHERE THE CLINICAL EXPERIENCE /PRECEPTORSHIP/ INTERNSHIP WILL BE PERFORMED: Pueblo Fire Department 1551 Bonforte Blvd. Pueblo, CO 81001 I. TERMS AND CONDITIONS 1. Definitions. The following definitions apply. a. Clinical setting: The place where Faculty and students, via a written agreement have access to patients/clients for the purpose of providing emergency medical services (EMS) practice experience for students. Students and Clinical Faculty do not assume full responsibility for patient care. b. Clinical Experience: LCC Faculty planned, guided, and supervised learning activities designed to assist students to meet the course objectives in a clinical setting. This experience requires direct supervision by Faculty or a Preceptor provided by Provider, who is physically present or immediately accessible. Page 1 of 8 c. Clinical Precepted Experience: Faculty planned, guided, and Preceptor supervised learning activities occurring via a structured agreement that occurs after a student has received the theory and clinical experience that is necessary to provide safe care. d. Preceptor: The Preceptor is: EMS Students-an employee of Provider that is responsible for patient care. e. "Clinical Experience" means a program of study as part of a LCC course or degree requirement, conducted in cooperation with the Provider, whereby Students receive supervised experience and instruction in a professional setting. f. "Site Supervisor" means that person employed or retained by the Provider as responsible for the development and administration of the Clinical Experience affiliation with the College. g. "Student" means a person enrolled at LCC who is to perform the Clinical Experience. h. "LCC Supervisor" means the person employed or retained by LCC who is responsible for the development and administration of this Clinical Experience affiliation with the Provider. 2. Purpose. a. As part of LCC educational requirements or as required for the award of a degree or certificate in a particular area of study, students must complete supervised experience. b. The Provider has facilities and professional staff appropriate for this Clinical Experience/Preceptorship/Internship. c. By entering into this Agreement, the parties hereto do not intend that any of the LCC staff or any Student is to be an employee of the Provider's for any purpose, except that to the extent that the activities performed hereunder are subject to the provisions of the Healthcare Information Portability and Accountability Act of 1996 ("HIPAA"), the Student shall be deemed a member of the Provider's workforce at all times while performing the clinical experience duties and activities. LCC staff and Students shall not act as the Provider's agents or representatives in any capacity, and shall not make any commitments on behalf of the Provider. The Parties hereto are not partners, agents nor principals of one another. 3. Term. This contract shall remain in existence for one year from the day and year written above. However, a thirty (30) day notice of termination must be given by Page 2 of 8 either party prior to the end of the period or this agreement will automatically be extended for a period of one (1) additional year. Subsequent annual renewals will be on the same basis. This contract may be terminated at any time pursuant to section 8 of this contract. Provided, however, that Students shall be permitted to complete all Clinical Experience/Preceptorship/Internship that began prior to the Contract End Date, and with respect to such Clinical Experience/Preceptorship/ Internship, all terms and conditions of this Agreement shall apply until the last such Clinical Experience is completed. 4. The Provider's Obligations. a. The Provider shall have sole authority and control over all aspects of client services, including those activities wherein Students may be exposed to or interrelate with clients. b. The Provider shall, in consultation with appropriate LCC faculty and the LCC Supervisor, designate those clients to whom Students may be exposed for their Clinical Experience. The Provider shall determine the dates of Student assignments for specific duties related to the Clinical Experience. c. The Provider hereby agrees to orient Students to the Provider's applicable policies and procedures. d. The Provider, in its discretion, may at any time exclude from participation hereunder any Student whose performance is determined to be detrimental to the Provider's clients, who fails to comply with proper channels of communication or the Provider's established policies and procedures, or whose performance is otherwise unsatisfactory. The Provider shall provide LCC an explanation in writing of the decision to exclude a Student from participation. e. The Provider shall contribute in the evaluation of Students as may be requested by the LCC Supervisor. 5. LCC Obligations. a. LCC shall be responsible for academic administration, curriculum content and programming, Student recruitment, admission, promotion and graduation, maintenance of all Student records and reports, and final determination of all grades to be awarded to Students for participation. b. LCC shall ensure that all Students have completed all applicable prerequisite courses and any other requirements necessary prior to clinical placement. Page 3 of 8 c. LCC hereby agrees to apprise Students of the confidential nature of client information. d. LCC assures purchase of professional liability insurance covering students for all activities, acts, and omissions that may occur related to clinical participation, as required by the Provider. e. LCC will inform Students of the Students' responsibility to provide any transportation, meals, and lodging related to the Clinical Experience. f. LCC personnel and students are obligated to adhere to the policies, regulations and procedures of Provider to include proof of the following: A. Current CPR certification of students and faculty B. Record of PPD or Chest X-ray(negative) (yearly) C. Criminal Background Check or arrangements made with facility This signed assurance may be sent by way of letter or as signed statement attached to clinical rotation schedule. 6. Liability and Insurance; Governmental Immunity. a. LCC, 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 for $150,000 per person and $600,000 per occurrence as more fully set forth in Risk Management laws, C.R.S. §§ 24-30-1501, et seq. The parties agree that such insurance shall satisfy all insurance requirements of this Agreement except as otherwise specified herein. b. The Colorado Constitution prohibits the State of Colorado and Lamar 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, shall 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 Students participating under this Agreement shall be provided by LCC unless Student receives remuneration from Provider for services performed, in which event, Provider shall provide workers' compensation insurance. As used herein, "remuneration" includes room, board, or other non-monetary forms of compensation. Page 4 of 8 d. LCC has purchased a professional liability insurance policy with limits of at least $1,000,000 for each claim and $5,000,000 in the aggregate, which covers Students. 7. Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Family Educational Rights and Privacy Act of 1974 (FERPA) Compliance. a. Provider agrees to abide by the limitations on re-disclosure of personally identifiable information from education records set forth in FERPA. The parties agree that to the extent required under the provisions of HIPAA as that act may be amended from time to time, and regulations promulgated hereunder, and FERPA as that act may be amended from time to time, and regulations promulgated thereunder, LCC and Provider hereby assure they will appropriately safeguard protected health information (PHI) and/or educational records with regard to FERPA made available 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 PHI and educational records with regard to FERPA and shall: • Not use or further disclose personally identifiable information or PHI other than as permitted or required by this Agreement or as required by law; • Use appropriate safeguards to prevent use or disclosure of personally identifiable information or PHI other than as provided for by this Agreement; • Report to both parties of this agreement, any use or disclosures of personally identifiable information or PHI not provided for by this Agreement of which s/he becomes aware; • Ensure that any subcontractors or agents to whom LCC or Provider provides personally identifiable information or PHI agree to the same restrictions and conditions that apply to them with respect to personally identifiable information or PHI; • Make available personally identifiable information or PHI only in accordance with applicable law; • Make available to the Secretary of the United States Health & Human Services, LCC or Provider's internal practices, books, and records relating to the use and disclosure of personally identifiable information or 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 personally identifiable information or PHI in any form received pursuant to this Agreement and retain no copies of the said PHI; and Page 5 of 8 • This Agreement may be amended from time to time, if and to the extent required by the provisions of FERPA or HIPAA and the regulations promulgated there under, so that this Agreement is consistent therewith. 8. Termination. This Agreement may be terminated as follows: a. For Convenience. Either party may terminate this Agreement for any reason by providing thirty (30) days written notice to the other party of its intention to terminate, provided that Students shall be permitted to complete Clinical Experience/Preceptorship/Internships 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 term, condition, or covenant contained in this Contract and such failure continues for ten (10) 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 Experience as a result of the termination of this Agreement under this section. 9. No Third Party Beneficiaries. 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 any 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. 10. 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. 11. Assignment. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written approval of the parties. 12. 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. 13. Anti-Discrimination. The parties agree that in the performance of this Agreement, there will be no discrimination against Students, employees, or other Page 6 of 8 persons related to race, color, sex, religion, creed, age, national origin, sexual orientation, or disability. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any previous contracts, understandings, or agreements of the parties, whether oral or written, concerning the subject matter of this Agreement. 15. Amendment. Any amendment to this Agreement must be in writing and must be signed by the parties. 16. 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. 17. Commencement. This contract shall commence on April 30, 2018. Page 7 of 8 • Contract Routing Number: THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT *Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO ��',f Pueblo JOHN W. HICKENLOOPER, GOVERNOR Name: Christo.' A 11 Department of Higher Education,State Board for Community Title: PresiiCounci ' Colleges and Occupational Education for the use and benefit of I / Lamar Community College IP ro *Signature By: Chad e no Date: 11 7/ �� � I ,5"/7A- Date: Date: Page 8 of 8