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HomeMy WebLinkAbout101215_ca03615 Sheridan Street )6X, �,Ott Port Townsend, WA 98368 f �1 www. JeffersonCountyPublicHealth.org Public H OOw' Consent Agenda August 25, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director DATE: SUBJECT: Agenda Item — Professional Services Agreement between Jefferson County Public Health and the Port Townsend School District for School Nurse; 9/8/2015 — 6/30/2016; $54,952.80 STATEMENT OF ISSUE: Jefferson County Public Health, Community Health, contracts with the Port Townsend School District to provide School Nursing services to students enrolled in the district. The Professional Services contract agreement is for the 2015 -2016 school year. This agreement commences on the first day of each school year and continues through the school year's end, or until either party terminates the contract agreement. ANALYSIS I STRATEGIC GOALS PROS and CON'S: Jefferson County Public Health contracts with the East Jefferson School Districts to provide school nursing services. Schools have state mandates concerning nursing services and HIV education that JCPH staff conduct. The contracting of JCPH staff allows schools to have highly trained specialists without trying to employ and supervise nurses in each district. Provisions for administration expenses are included in the contract language. Formerly, JCHP collaborated through a contract with OESD 114; this collaboration has ended, and JCPH has negotiated for the full amount of the service contract funding available through the school district. JCPH will provide a registered nurse to the school for 24 hours per week, with 3 days per week in the school. FISCAL IMPACT COST BENEFIT ANALYSIS: The contract is budget neutral, in that the fiscal revenues match expenditures. The district is charged $53.63 per hour for one registered nurse; additional expense for Human Growth and Development Classes are not to exceed $6,000., unless negotiated at an hourly rate of $45.00 per hour. The compensation rate is reviewed and updated annually, and is finalized by both parties each year. Community Health Developmental Disabilities 360 - 385 -9400 360 -385 -9401 (f) - :V - Environmental Health Water Quality 360 - 385 -9444 (f) 360- 379 -4487 RECDMMLNDAT ON., JCPH management request approval of the Professional Services Agreement with Port Townsend School District for School Nurse; September 8, 2015 — June 30, 2016; $54,952.80. r � '�.� minist�fi:�r _ Date j . fey fey in Ad r � Port Townsend School District 2015 -2016 Contract Agreement By and Between Port Townsend School District And Jefferson County Public Health Section 1. Purpose: THIS AGREEMENT for Professional Services is entered into between Jefferson County Public Health (JCPH), herein "County ", and Port Townsend School District (PTSD), herein "District ", for the purpose of providing services to meet state regulations. Section 2: Terms: THIS AGREEMENT is a 36- week - school -year contract and shall commence on the first school day of each year and continue through June 30 of each school year until terminated by either party. Section 3: Scope of Agreement: The County will provide school nursing services to meet state regulations regarding student health and as described in Exhibit A, attached hereto and incorporated herein. Section 4: Agreement Representatives: The County and the District will each have an agreement representative who will have the responsibility to administer the agreement for that party. Representatives may be changed upon written notice. The parties' representatives are as follows: COUNTY Jean Baldwin, Director Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 360- 385 -9400 DISTRICT Dr. David Engle Gael Stuart Building 1610 Blaine Street Port Townsend, WA 98368 Port Townsend School District 2015 -2016 Section 5: Compensation: The District will pay the County for agreed upon services for 36 weeks of the school year at the rate of $53.63 per hour for one Registered Nurse not to exceed $46,336 for the 36 -week duration of this agreement, Human Growth and Development Classes not to exceed $6,000 for the 36- week duration of this agreement, as described in Exhibit A, Scope of Work, and administrative expenses not to exceed $2,616.80 for the 36 -week duration of this agreement, as described in Exhibit A, Scope of Work. The total dollar allowance attached to this agreement, for the 36 -week duration of this agreement, is $54,952.80. Additional nursing hours may be added at the District's cost of $53.63 per hour, upon agreement of both parties herein. Section 6: Indemnification: The District shall indemnify, defend, and hold harmless the County, its officers, agents, and employees, from and against any and all claims, lawsuits, demands for money damages, losses, or liability, or any portion thereof, including attorney fees and costs, arising from any injury to persons or a person (including death or injury of any party to this Agreement or damage to personal property) if said injury or damage was caused by negligent acts or omissions of the District or its employees or representatives. In the event of concurrent liability, the District and the County shall have the right of contribution in proportion to respective determined liability. Nothing contained herein shall be deemed to waive immunities established pursuant to state statute or to create third -party rights or immunities. Section 7: Insurance: 1. The School District shall, at its own expense, obtain and continuously maintain the following insurance coverage. All insurers providing such insurance shall be licensed to do business in the State of Washington and admitted by the Washington State Insurance Commissioner. Coverage limits shall be the minimum limits identified in the Agreement, or the coverage limits provided or available under the policies maintained by the School District without regard to the Agreement, whichever are greater OR the requirements of this subsection "a)" may be satisfied by the School District upon the School District providing to the County proof of its current membership in a governmental entity Risk Pool providing third party liability coverage or joint self - insurance to the School District with liability limits equal or exceeding those listed here: i. General Commercial Liability - $1,000,000 Minimum, Each Occurrence $2,000,000 Minimum, Annual Aggregate Coverage shall include personal injury, bodily injury, property damage for Premises / Operations Liability, Products / Completed Operations, Personal / Advertising Injury, Contractual Liability, Independent Contractor Liability, and Stop Gap / Employer's Liability. Coverage shall not exclude or contain sub - limits less than the minimum limits required, Port Townsend School District 2015 -2016 unless approved in writing by the County. ii. Business Automobile Liability - $500,000 Minimum, Each Occurrence $500,000 Minimum, Annual Aggregate Coverage shall include liability for any and all owned, non -owned and hired motor vehicles. Coverage may be satisfied by way of endorsement to the General Commercial Liability. a.) Primary, Non - contributory Insurance: The School District's insurance policies and any endorsements shall provide primary insurance coverage, and any third party liability coverage, self - insured retention, deductible or joint self - insurance provided to the County by its membership in a governmental entity Risk Pool shall be non - contributory and excess to such insurance policies. b.) Endorsements and Certificates of Insurance: The School District shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self - insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation, or non - renewal. Each Certificate of Insurance and all insurance notices shall be provided to the Clerk of the Jefferson County Board of County Commissioners, P.O. Box 1220, Port Townsend, WA 98368. c.) No Limitations on Liability: The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the School District under this Agreement. All insurance policy deductibles and self - insured retentions for policies maintained under this Agreement shall be paid by the School District. d.) Payment Conditioned on Insurance: Compensation and / or payments due to the School District under this Agreement are expressly conditioned upon the School District's strict compliance with all insurance requirements. Payment to the School District may be suspended in the event of non - compliance. Upon receipt of evidence of School District's compliance, payments not otherwise subject to withholding or set -off with be released to the School District. e.) Workers' Compensation: The School District shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all School District's employees, agents, and volunteers eligible for such coverage under the Industrial Insurance Act. Section 8: Confidentiality: All parties to this Agreement and their employees or representatives and their subcontractors and their employees will maintain the confidentiality of all information provided by the District and the County or acquired in performance of this Agreement as required by HIPPA and other privacy laws. This Agreement, once executed by the parties, is and remains a Public Record and is therefore subject to the provision of Ch. 42.56 RCW, the Public Records Act. Section 9: Ownership and Use of Documents: Port Townsend School District 2015 -2016 The parties herein agree they share no joint acquisition of property, and agree any and all documents, drawings, reports, and the like resultant from services rendered hereunder are the sole property of each party. Each party, with no further permission required from the other party, may publish, disclose, distribute, reproduce, or otherwise copy or use, in whole or in part, such items produced during the course of the Agreement to the extent disclosure is allowed by HIPPA and Section 8 of this Agreement. Section 10: Independence: Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. The County shall not be entitled to any benefits accorded the District employees by virtue of the services provided under this Agreement. The District shall not be responsible for withholding or otherwise deducting federal income tax, FICA or Medicare tax, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to its employee. Furthermore, nothing herein shall create or be deemed to create any relationship of agency, joint venture, or partnership between either party to this Agreement. Neither shall either party have the power to bind or obligate the other in any manner except as expressly articulated in this Agreement. Section 11: The County will assure the professional preparation and training; will provide supervision of its nursing staff, will complete background checks; will assure licensure; and will maintain proper liability insurance coverage on all its personnel performing duties. Section 12: Termination: Either party may terminate this Agreement for any reason upon at least sixty (60) days written notice; such notice shall not be effective until completion of said semester in which termination notice is asserted. Either party may terminate this Agreement at any time if the other party /parties default in any of its material obligations hereunder, but only if such defaults shall have continued for a period of ten (10) days after the receipt of written notice thereof from the other party /parties. Section 13: Discrimination: Neither party shall discriminate or permit discrimination against any person or group of persons on the basis of race, color, creed, national origin, age, gender, sexual orientation, or material status. Both parties shall comply with the Americans with Disabilities Act and all regulations interpreting or enforcing such Act. Section 14: Amendments: This Agreement may be amended by mutual written consent and signature of both named agreement Representatives. Port Townsend School District 2015 -2016 Section 15: Integrated Agreement: This Agreement together with attachments or addenda represents the entire and integrated agreement between the District and the County and supersedes all prior negotiations, representations, or agreements written or oral between said parties. Approved this day of 2015.. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON David Sullivan, Chairperson, Jefferson County Board of County Commissioners � � J Dr. David Engle, Superintqjdent, d as Or Port Townsend School District' ..m _ _ .... . Jeflerw,n Co. Pr ecutoe e Jean Baldwin, ARNP MPH David Alvarez, Chief Civil 1 Port Townsend School District 2015 -2016 Exhibit A Statement of Work set forth in this Agreement The County agrees to provide: A. Skilled Registered Nurse, school nursing services to include: 1. Access and provide for the emergency care needs of students, emergency plans for students with life- threatening medical conditions, students with acute or chronic health conditions, students with health concerns and /or requiring nursing treatments or care. Develop individualized care plans for these students, including training of unlicensed staff in the care of students. 2. Assess the physical and emotional health of students as related to the educational process and within the scope of school nurse practice; initiate referrals for further diagnosis and treatment of identified health needs and provide follow -up; communicate health concerns on a need -to -know basis with appropriate school staff that may impact learning, health and safety in the school setting. 3. Delegate and provide training and consultation of non -nurse school staff in the provision of nursing services and procedures that can by law be delegated to unlicensed school personnel. 4. Provide interpretation of medical and nursing needs and district resources for health care to parents of students with health problems as requested by districts. 5. Assist district personnel in monitoring educational effect of treatment (medication, etc.). 6. Establish procedures for emergency care of students and training of staff. 7. Interpret medical records for district staff as educational placement and services are being determined. 8. Provide nursing consultation regarding students in special education. Participate in MDT meetings for students with significant medical problems and assist in initial development of IEP as resources permit. 9. Provide nursing consultation in communicable disease. 10. Provide health education directly or in consultation with school staff. 11. Assist in development and /or revision of district health policies and procedures, records and forms and indicated and requested by the district. 12. Provide nursing consultation in student immunization compliance. Port Townsend School District 2015 -2016 13. Provide supervision and evaluation of nursing staff in performance of the above - enumerated duties. 14. Maintain proper liability insurance coverage on all its nursing personnel performing the above enumerated duties. B. Registered Nurse coordination of annual hearing /vision screening for grades K- 1- 2 -3 -5 -7 per WAC 249 -148, 248 -150): • Coordinate screening and scheduling with school • Provide calibrated screening equipment • Train and supervise volunteers assisting • Guardian letters of referral for further screening as needed • Provide resources for students, staff and families • Inform district staff if needed of individual student vision or hearing needs C. Registered Nurse will work 24 hours per week, with 3 days per week in the school. D. School RN meets with school Superintendent once per month for updates and reviews focused on immunizations with the goal of improving rates significantly through making sure all school staff and others know the importance of immunizations. E. Communicable Disease Prevention and Response: Public Health shall take actions necessary to prevent spread of and absenteeism due to communicable disease by: • Investigating, advising, and implementing control measures in the event of outbreaks • Providing in- service education and implementing control measures in the event of an outbreak • Providing in- service education and advice to appropriate District staff concerning new communicable disease guidelines. • Upon request by the District, Public Health Staff will provide individual counseling for teens at risk of becoming pregnant or who are pregnant and may refer to the School Based Health Clinic for services. • School registered nursing staff could be available for other consultation, including: • Participation on Individual Education Plans (IEP) Serving as a resource to teachers and staff in regards to health education Participation in Health Education Curriculum development Port Townsend School District 2015 -2016 F: Human Growth & Development and HIV /AIDS Education: Contractor will provide ongoing review and revision, as necessary, of the District's Human Growth and Development and HIV /AIDS Education Plan and; if requested; will participate in presentation and explanation of any proposed revisions at a "Parents Night ". a. Basic Human Growth and Development and HIV /AIDS classes consist of: 5t" grade — five 50 minute sessions on Human Growth and Development 6t" grade — two 50 minute sessions or one block period on HIV /AIDS 7th grade — two 50 minute sessions or one block period on HIV /AIDS stn grade — five 50 minute sessions on Human Growth and Development. b. Contractor will provide age appropriate Human Growth and Development and HIV /AIDS education classes that meet the guidelines established by the Healthy Youth Act of 2007 and the lines for Se mull hlt:alt� a�i flair and Disuse Prevention", developed by OSPI l� Ir�l�tc� s � � and Washington Department of Health in 2005. The schedule, number and topics will be arranged between the Contractor's Health Educator and the District's Building Administrator, and /or other appropriate staff. c. Due to the variably of scheduling classes, Contractor will bill monthly 1 /10 of $6,000 (September 2015 -June 2016) d. Additional classes and support time may be purchased at a rate of $45 an hour