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HomeMy WebLinkAboutCONSENT MOA preceptor service 615 Sheridan Street Port Townsend, WA 98368 aefl son www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Public Health Director Denise Banker, Community Health Division Director DATE: Oc i. 1 1, 2C2 SUBJECT: Agenda item — Memorandum of Agreement with Washington State University through its College of Nursing; Upon signature - until termination; No monetary exchange. STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the Memorandum of Agreement with Washington State University (WSU) for preceptor service to advanced students of medicine in need of practicum course work. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Students of WSU will be supervised by JCPH medical providers for a duration agreed upon between supervisors at WSU and JCPH providers. This cooperative relationship between service institution and educational intuition is mutually beneficial. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no fiscal impact. RECOMMENDATION: JCPH management requests approval of the Memorandum of Agreement between JCPH and WSU for preceptor service; Upon signature - until termination; No monetary exchange. REVIEWED BY: 10(4/3•4 Josh . Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community N-26-033 CONTRACT REVIEW FORM ( Clear Form I (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State University Contract No: N-26-033 Contract For: Affiliation Agreement- Nursing Term: Upon sig - until terminated COUNTY DEPARTMENT: Public Health Contact Person: Denise Banker Contact Phone: #438 Contact email: dbanker@co.jefferson.wa.us AMOUNT: N/A PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds _ Vendor List Bid Fund# — RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■ N/A: ►°/1 /2o2( gnature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: t — N/A: L C �. i U / /'Z 02. Cr S- nature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 10/12/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 10/7/2026. DPA Luther reviewed and approved on 10-07-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 WSU Contract Number CCN005622 MEMORANDUM OF AGREEMENT BETWEEN JEFFERSON COUNTY AND WSU COLLEGE OF NURSING This Memorandum of Agreement (this "Agreement") Between Jefferson County Public Health, 615 Sheridan St. Port Townsend, WA. 98368 ("Agency") and Washington State University by and through its College of Nursing("University').The Agency and the University agree as follows. WHEREAS, the University, through its School of Nursing requires the use of clinical laboratory experiences for students in its nursing program, and WHEREAS, the Public Health Department of the Agency offers clinical laboratory facilities which meet criteria established by the Board of Nurse Examiners for the State of Washington for agencies affiliating with nursing education programs, and WHEREAS, the Agency recognizes that clinical practice under appropriate guidance and supervision is essential for student development of effective nursing skills,clinical judgment,and a sense of professional responsibility, and WHEREAS, it is recognized that a cooperative relationship between a service institution and an educational institution can be mutually beneficial, BE IT AGREED that the Agency and the University desire to enter into an agreement whereby students in the University nursing program shall receive experiences in practicum courses in the Agency. This Agreement shall be governed by the following conditions: I. THE UNIVERSITY SHALL: A. Retain control of, and responsibility for, all phases of the nursing education program. B. Cooperate with the Agency in making arrangements for the practicum not less than six months prior to the start of each academic term. Arrangements shall be mutually determined by agreement of the parties and may be altered by mutual agreement. C. Cooperate with the Agency in planning, scheduling and implementing an orientation program for faculty responsible for the practicum. D. Provide an orientation for students to assigned units. E. Provide the Agency with the following written information two weeks prior to the start of each practicum: 1. Specific days and hours students will be on patient units or service areas. Revised 6/4/2020,7/25/22,02/13/23 2. Names of students and responsible faculty. 3. Objectives of the practicum. 4. If requested by Agency in writing, student or University, with written consent from the student, shall provide documentation of professional liability insurance for students. Both parties acknowledge that failure or refusal of a particular student to provide proof of the insurance requirements, set forth at paragraph I, J (below), may result in the Agency refusing access to any of its facilities(including digital databases,electronic mail,etc.)to the particular student until such proof of insurance is provided. 5. State nursing registration number of faculty. 6. Other appropriate information as requested. F. Provide qualified faculty in a faculty-student ratio of at least 1:10. G. Plan individualized experiences for students in consultation with appropriate Agency personnel based on the objectives of the practicum and available learning opportunities. H. Inform faculty and students of the Agency requirement that they abide by the written administrative, nursing and medical policies or procedures of the Agency while using its facilities. Upon written request by Agency, and within 15 calendar days of such request, University shall provide written proof, including copies of any written communications between itself and the its student/faculty members, of its efforts to inform students/faculty members of the requirements under this section. Failure to provide such proof may result in Agency denying entry to any of its facilities(including digital databases,electronic mail, etc.)by each student or faculty member for which proof has not been provided. Verify that all faculty and students who may be at risk for occupational exposure to blood or other potentially infectious materials be: 1. Trained in accordance with the Occupational Safety and Health Administration's(OSHA) Occupational Exposure to Blood borne Pathogens Final Rule 29 CFR Part 1910.1030, as published in the Federal Register Friday, December 6, 1991. 2. Trained in the modes of transmission, epidemiology and symptoms of Hepatitis B virus(HBV)and Human Immunodeficiency(HIV) and other blood borne pathogens. 3. Trained in the methods of control that prevent or reduce exposure including universal precautions,appropriate engineering controls, work practices, and personal protective equipment. 4. Provided information on the Hepatitis B vaccine,its efficacy,safety, 2 method of administration, and benefits of being vaccinated. 5. Vaccinated for HBV or have begun the vaccination series for HBV or have signed a refusal to acquire HBV vaccination. J. Upon written request by Agency, and within 15 days of receipt of such request, University shall provide written proof of its verification regarding the training requirements set forth herein for each student and faculty member who may be at risk for occupational exposure to blood or other potentially infectious diseases. Failure to provide such proof shall result in the Agency denying access to its facilities(including digital databases, electronic mail, etc.)by each student or faculty member for which proof has not been provided. Inform students of the Agency requirement that students obtain and maintain appropriate general and professional liability insurance coverage in the amounts of at least$1,000,000 per occurrence and$3,000,000 in the aggregate, with insurance carriers or self- insurance programs approved by Agency, in accordance with Agency's bylaws, rules and regulations. A copy of the certificate of insurance shall be provided to the Agency(in which the Certificate Holder is identified as"Jefferson County). Upon written request of Agency, and with 15 days of receipt of such request, University shall provide written proof of its efforts to inform students that they obtain and maintain the insurance policies set forth herein. Failure to provide the requested proof may result in Agency denying access to any of its facilities (including digital databases, electronic mail, etc.)by each student for which proof has not been provided. K. University and its officers, employees, and agents, while acting in good faith and within the scope of their official duties, are covered by the State of Washington Self-Insurance Liability Program(RCW 4.92.130) and the Tort Claims Act(RCW 4.92.060 et seq.) and successful claims against University and its employees, officers, and agents in the performance of their official University duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. See Addendum A.Upon written request from Agency, University shall provide a certificate of insurance evidencing such coverage. H. THE AGENCY SHALL: A. Retain full responsibility for patient care and for control of established standards of patient care. B. At least six months prior to each academic term,provide the University with the maximum number of students (from all educational programs) that can be assigned to each patient unit and service area during each eight-hour assignment period. C. Provide an orientation for faculty assigned to the Agency prior to the practicum 3 subject to conditions in Article I. Section C. D. Assist the University faculty in orientation of students to the Agency at a mutually agreed upon time. E. Provide,within Agency limitations, conference rooms and lockers requested. F. Provide any special clothing required for participation in learning activities in selected patient units and service areas of departments of the Agency. G. Reserve the right and authority to request the withdrawal of any faculty or student who does not adhere to appropriate dress code, behavior standards, administrative and medical policies, does not maintain professional liability insurance; or cannot provide safe care due to physical or mental illness. H. Permit University faculty to conduct nursing research in accordance with established policies and research protocols of the Agency with prior written approval. I. Comply with all applicable federal and state health and safety laws and regulations. J. Prohibit the disclosure of personally identifiable information, as defined by the Family Educational Rights and Privacy Act, of a student without the prior consent of the student, and to limit Agency's use of such information only for the purpose for which it obtained such information. K. Require and provide an orientation to the faculty and students before direct patient contact is allowed. Orientation by the Agency shall include information regarding: 1. The Agency's Exposure Control Plan for blood borne pathogens and the means by which students and faculty can obtain a copy of the written plan. 2. The engineering controls used within the Agency's work site. 3. The personal protective equipment available in each of the Agency's work areas. 4. The identification of tasks and patient-related activities which increase the risk of exposure to HBV, HIV, and other blood borne pathogens. 5. What constitutes an exposure. 6. The established procedure to follow after an exposure to blood or body fluids occurs including the methods of reporting the incident and the medical follow-up required. L. Provide appropriate and readily accessible personal protective equipment at no cost to faculty and students to use in the work site during the clinical training 4 program. M. Maintain coverage in the amounts of at least$1,000,000 per occurrence and $3,000,000 in the aggregate,with its membership in the Washington Counties Risk Pool. A copy of the certificate of membership in the risk pool shall be provided to the University. III. IT IS MUTUALLY AGREED THAT: A. Indemnification. The University shall indemnify and hold the Agency,its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any claims, injuries, damages, losses or suits, arising out of or resulting from the negligent acts,errors or omissions of the University, its officers, employees, agents and registered volunteers, acting in good faith and within the scope of their official duties in performance of this Agreement, except for injuries and damages caused by the negligence of the Agency. Agency agrees to indemnify and hold harmless University against any and all liability for personal injury, including injury resulting in death, or damage to property, or both, resulting from the negligent acts and/or omissions of its employees. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the University,its officers,officials, employees, agents and volunteers (and their marital communities) the University's liability shall be only for the University's negligence. This section shall survive the expiration or termination of this Agreement. Public Records. To the extent any record, including any electronic, audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the University agrees to maintain all records constituting public records and to produce or assist the Agency in producing such records, within the time frames and parameters set forth in state law. The University further agrees that upon receipt of any written public record request, University shall, within two business days,notify the Agency by providing a copy of the request per the notice provisions of this Agreement; B. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the University Risk Manager and Agency Risk Manager,whose decision in the matter shall be final,but shall be subject to judicial review.If either party deems it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The University hereby consents to the 5 personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. IV. DURATION OF THIS AGREEMENT,TERM,MODIFICATION: A. This Agreement is effective as of the date last signed below. B. This Agreement shall remain in effect until terminated. Either party may terminate this Agreement,with or without cause,by written notice to the other party at least sixty(60) days prior to the commencement of the next academic term. Students enrolled in the practicum at the time notice is given shall have the opportunity to complete the course of study in progress. C. The parties to this Agreement may amend this Agreement as deemed necessary provided,however,that no amendment to this Agreement shall be valid unless in writing and signed by the duly authorized representatives of the parties. D. All the terms, conditions and provisions agreed upon by the parties to this Agreement are incorporated in this document. (SIGNATURES FOLLOW ON THE NEXT PAGE) 6 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON [OTHER PARTY HERE] Board of County Commissioners Jefferson County, 615 Sheridan St. Port Townsend, Washington 98368 } By: Ais-f,--- NA4-, .- gnature By: Greg Brotherton, Chair Date Name: Heather Davison SEAL: Title: Senior Contract Manager, PACS_ Date: 10/5/2026 ATTEST: Carolyn Gallaway, Date Clerk of the Board Approved as to form only: OAF .a, 10-07-2026 Jeremiah B. Luther, WSBA 61918 Date Civil Deputy Prosecuting Attorney Addendum A a) Washington State University and its officers,agents,employees and registered volunteers,when acting in good faith and within the scope of their official duties, are covered by the State of Washington's Self-Insurance Liability Program (SILP) and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against Washington State University and its covered entities in the performance of this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. b) Anything in this Agreement to the contrary notwithstanding, the parties expressly acknowledge and agree that (1) Washington State University's liability and indemnification obligations hereunder are subject to the coverage limits (as to type and amount) as described in the SILP, and (2) Washington State University will only provide a defense to Jefferson County if the Office of the Attorney General for Washington determines that (a) coverage for the costs of the same are within the scope of the coverage afforded to Washington State University by the SILP and the Tort Claims Act, or (b) notwithstanding a lack of coverage for such defense costs, it is appropriate for Washington State University and the State of Washington to do so. 7