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HomeMy WebLinkAbout9214 DocuSign Envelope ID:C1 B12272-90A9-43EC-A33C-D6C9EAB4C991 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 13, 2023 Affiliation Agreement with Pierce College COUNCIL MEETING Date: December 20, 2023 for Paramedic Student Training Department: Fire Presenter: Pat McGanney, Fire Chief Phone: (360) 473-5381 SU ARY: This agreement will allow Bremerton Fire Department to train Pierce College paramedic students. ATTACH ENTS: Affiliation Agreement for Pierce College FISCAL I PACTS (Include Budgeted Amount): No cost. STUDY SESSION AGENDA: El Limited Presentation Eli Full Presentation STUDY SESSION ACTION: El Consent Agenda Eli General Business Eli Public Hearing RECO ENDED OTION: Move to approve Affiliation Agreement with Pierce College; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 104 Approve I I Deny I I Table I I Continue I I No Action Form Updated 11/09/2021 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 AFFILIATION AGREEMENT This Agreement is made and entered into between Pierce College ("School"), 9401 Farwest Dr. SW, Lakewood, WA 98498 and City of Bremerton, on behalf of the Bremerton Fire Department, ("City"), a municipal corporation of the State of Washington. The purpose of this Agreement is for City , which is committed to training health care professionals, to provide desirable clinical learning experiences and facilities for School's students. In consideration of the mutual covenants and agreements contained herein, School and City agree as follows: I. GENERAL PROVISIONS A. School and City agree that contemporaneous with or following execution of this Agreement and within the scope of its provisions, School may develop letter agreements with City to formalize operational details of the clinical education program. These details include, but are not limited to, the following: • Beginning dates and length of experience of preceptors (to be mutually agreed upon at least one month before the beginning of the clinical education program. • Number of students eligible to participate in the clinical education program. • Specific days, hours, and locations for the clinical education program. • Specific learning objectives and performance expectations for students. • Specific allocation of responsibilities for the faculty Liaison, clinical education. • Supervisor, and Preceptors, if any, referenced elsewhere in this Agreement. • Deadlines and format for student progress reports and evaluation forms. Any such letter agreements will be attachments to this Agreement, will be binding when signed by authorized representatives of each party, and may be modified by subsequent letter agreements signed by authorized representatives of each party. B. School and City will jointly plan the clinical education program and jointly evaluate students. Exchange of information will be maintained by on-site visits when practical and by letter or telephone in other instances. C. School and City will instruct their respective faculty, staff, and students participating in the clinical education program, to maintain confidentiality of student and patient information as required by law and by the policies and procedures of School and City. D. There will be no payment of charges or fees between School and City. 1 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 E. There will be no discrimination against any program participant or applicant under this Agreement on the basis of race, color, creed, religion, national origin, age, sex, honorably discharged veteran or military status, sexual orientation, marital status, genetic information, pregnancy, the presence of any sensory, mental or physical disability, or the use of a trained guide dog or service animal by a person with a disability. II. SCHOOL'S RESPONSIBILITIES A. School will provide information to City concerning its curriculum and the professional and academic credentials of its faculty for the students. School will designate an appropriately qualified and credentialed faculty member to coordinate and act as the Liaison with City. School will be responsible for instruction and administration of the students' academic education program. School will notify City in writing of any change or proposed change of its Liaison. School will have the final responsibility for grading students. B. School's faculty will meet with the City clinical education Supervisor Preceptors, if any, at the beginning and end of the clinical education program to discuss and evaluate the clinical education program. These meetings will take place in person if practicable, otherwise by telephone conference. School is responsible for arranging and planning the meetings. C. School will provide the names and information pertaining to relevant education and training for all students enrolled in the clinical education program at least four weeks before the beginning date of the clinical education program. School is responsible for supplying any additional information required by City as set forth in this Agreement, prior to the arrival of students. School will notify City in writing of any change or proposed change in a student's status. D. School will obtain evidence of current immunizations against diphtheria, tetanus, measles (rubeola), mumps, rubella (or a positive rubella titer), and of hepatitis B immunity status, documented by a protective titer, for those students who will be in contact with patients/clients. For each student born after 1956, School will maintain on file records of positive titer or of post-1967 immunization for rubella and rubeola. At the time of immunization, students with no history of exposure to chickenpox will be advised to get an immune titer. School will require yearly PPD testing, or follow-up as recommended if the students are PPD-positive or have had BCG. School will provide information to City regarding student status concerning the above requirements. E. School will assign the clinical education program ride site only those students who have satisfactorily completed the prerequisite didactic portion of the curriculum and who have evidence of completion of a CPR course based on American Heart Association or American Red Cross guidelines and related to the age group(s) with whom they will be working. 2 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 F. As a prerequisite to participation in the clinical education program. School shall require each student who may be placed in City to obtain his/her criminal history background record from the Washington State Patrol, pursuant to RCW 43.43.834 and RCW 43.43.838, to release a copy of that record to the School and to authorize the School to transmit that record or copy thereof to the City. Before the start of training, School will provide the City with the names of any students who have failed to provide the requested records, or who refuse to authorize the release of records to the City. The students will be informed that, whether or not they agree to obtain the record and agree to release it to School and City, City may conduct the background inquiry directly and the City may refuse placement of a student who does not provide the requested records or who has a record of prior criminal conduct. City understands and agrees that any information forwarded to it by School has been procured through this process. School does not certify the veracity of the records provided and, furthermore, the obligation to conduct appropriate background checks and the liability for non-compliance therewith remains the responsibility of City. G. School will comply with and ensure to the extent possible that students comply with the policies and procedures established by the City. School will notify each student of his/her status and responsibilities pursuant to this Agreement. This includes notification to students of the need to procure the insurance coverage required by the City as identified in section V. C. below prior to being admitted to the City. H. School will encourage each student participating in the clinical education program to acquire comprehensive health and accident insurance that will provide continuous coverage of such student during his or her participation in the education program. School will inform students that they are responsible for their own health needs, health care costs, and health insurance coverage. III. CITY'S RESPONSIBILITIES City will provide students with a clinical education experience within the scope of health care services provided by the City. City will designate in writing Preceptors, if any, to be responsible for the clinical education program, and will designate in writing one person as the clinical education Supervisor, who will maintain contact with the School Designated Liaison to assure mutual participation in and review of the clinical education program and student progress. City will submit in writing to School the professional and academic credentials for the Preceptors and clinical education Supervisor. City will notify School in writing of any change or proposed change of the Preceptors or clinical education Supervisor. 3 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 B. City will provide students with access to sources of information necessary for the education program, within City's policies and procedures and commensurate with patients' rights, including library resources and reference materials. C. City will make available to student's basic supplies and equipment necessary for care of patients/clients and the clinical education program. Within the limitation of facilities, City will make available office and conference space for students and, if applicable, School faculty. D. City will submit required reports on each student's performance and will provide an evaluation to School on forms provided by School. E. City retains full responsibility for the care of patients/clients and will maintain the quality of patient care without relying on the students' clinical training activities for staffing purposes. F. City will have the right to take immediate temporary action to correct a situation where a student's actions endanger patient care. As soon as possible thereafter, City's clinical education Supervisor will notify School of the action taken. All final resolutions of the student's academic status in such situations will be made solely by School after reviewing the matter and considering whatever written factual information the City provides for School; however, City reserves the right to terminate the use of its facilities by a particular student where necessary to maintain its operation free of disruption and to ensure quality of patient care. G. On any day when a student is participating in the clinical education program at the City's facilities, City will provide to such student necessary emergency health care or first aid for accidents occurring in its facilities. The student will be responsible for the costs of all care. H. Except as provided in this Agreement, City will have no obligation to furnish medical or surgical care to any student. IV. STUDENTS' STATUS AND RESPONSIBILITIES A. Students will have the status of learners and will not replace City personnel. Any service rendered by students is incidental to the educational purpose of the clinical education program. B. Students are required to adhere to the standards, policies, and regulations of District during their clinical education program. C. Students will wear appropriate attire and name tags and will conform to the standards and practices established by School during their clinical education program at School. 4 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 D. Students participating in the clinical education program will be and will remain students at School, and will in no sense be considered employees of City. The City does not and will not assume any liability under any law relating to Worker's Compensation on account of any School student's performing, receiving training, or traveling pursuant to this Agreement. Students will not be entitled to any monetary or other remuneration for services performed by them at City, nor will City otherwise have any monetary obligation to School or its students by virtue of this Agreement. V. LIABILITY COVERAGE PROVISIONS A. Each party to this Agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. B. School is covered by the State of Washington Self-Insurance Program and the Tort Claims Act (Chapter 4.92 RCW). Claims against School and its employees, officers, and agents in the performance of their duties under this Agreement will be paid from the tort claims liability account as provided in Chapter 4.92 RCW. C. For students to be accepted at the City, students will be required to have medical malpractice and general liability coverage, whether through the student medical malpractice and general liability policies offered by the State of Washington, Office of Financial Management, Risk Management division, or otherwise, while working within the District. D. City maintains professional liability insurance coverage with Washington Cities Insurance Association (WCIA). Through that coverage, the City provides liability coverage for its employees, officers, and agents in the performance of this Agreement, and further provides the means for defense and payment of claims that may arise against such individuals. VI. TERM A. This Agreement shall be effective as of the Effective Date for a term of three (3) years ("Initial Term") and shall renew every three years commencing from the last date shown below; PROVIDED THAT the parties review this Agreement and memorialize their intent to renew the Agreement for a subsequent three-year period — such renewal being memorialized in writing three months prior to the expiration of the current three-year term. There shall be a maximum of two renewal periods. The Initial Term and any Renewal Term will be collectively referred to herein as "Term". School and the City will jointly plan student placement in advance of each year's beginning, considering the needs of the school for clinical placement, maximum number 5 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 of students for whom the City can provide a desirable clinical education experience, and the needs of other disciplines or schools requesting clinical placements. B. This agreement may be canceled by written notice one year prior to termination; however, such termination shall not become effective for the students then enrolled in the clinical education program if such termination prevents completion of their requirements for completion of the clinical education program. VII. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS A. School certifies that it has trained each student it sends to the City in universal precautions and transmission of blood-borne pathogens, and that it will send to the City only students who have been trained in and have practiced using universal precautions. School has recommended the Hepatitis B (HBV) screening to all clinical education program students before assignment to City. Students may waive the HBV series but are required to have a TB screening and be up to date on all other immunizations. The City will provide personal protection equipment that is appropriate for the tasks assigned to School's students. B. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infectious material while participating in the clinical education program at the City, the City agrees to provide the following services: • Being seen by City's employee health service and/or emergency department as soon as possible after the injury. • Emergency medical care following the injury. • Initiation of HBV, Hepatitis C (HCV) and HIV protocol. • HIV counseling and appropriate testing. The student will be responsible for the costs of all care, testing, counseling, and obtaining necessary follow-up care. C. The source patient's HBV, HCV and HIV status will be determined by the City in the usual manner to the extent possible. VIII. MISCELLANEOUS PROVISIONS A. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral or written agreements, commitments, or understandings concerning the matters provided for herein. B. Amendment. This Agreement may be modified only by a subsequent written Agreement executed by the parties. The provisions in this Agreement may not 6 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 be modified by any attachment or letter agreement as described elsewhere in this Agreement. C. Order of Precedence. Any conflict or inconsistency in this Agreement and its attachments will be resolved by giving the documents precedence in the following order: 1 . This Agreement. 2. Attachments to this Agreement in reverse chronological order. D. Governing Law. The parties' rights or obligations under this Agreement will be construed in accordance with, and any claim or dispute relating thereto will be governed by, the laws of the State of Washington. E. Notices. All notices, demands, requests, or other communications required to be given or sent by School or City, will be in writing and will be mailed by first-class mail, postage prepaid, or transmitted by hand delivery or facsimile, addressed as follows: (a) To School: Pierce College Ft. Steilacoom 9401 Farwest Dr. SW Lakewood, WA 98498 (b) To Training Site: Bremerton Fire Department 911 Park Ave Bremerton, WA 98337 Each party may designate a change of address by notice in writing. All notices, demands, requests, or communications that are not hand-delivered will be deemed received three (3) days after deposit in the U.S. mail, postage prepaid, or upon confirmation of successful facsimile transmission. F. Survival. School and the City expressly intend and agree that the liability coverage provisions of this Agreement will survive the termination of this Agreement for any reason. G. Severability. If any provision of this Agreement, or of any other agreement, document or writing pursuant to or in connection with this Agreement, shall be held to be wholly or partially invalid or unenforceable under applicable law, said provision will be ineffective to that extent only, without in any way affecting the remaining parts or provisions of said agreement. 7 DocuSign Envelope ID:C1B12272-90A9-43EC-A33C-D6C9EAB4C991 H. Waiver. Neither the waiver by any of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, will thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. I. Inspection. City will permit, on reasonable notice and request, the inspection of clinical and related facilities by agencies charged with responsibility for accreditation of School. J. HIPAA. School voluntarily provides students with training on the requirements of the Health Insurance Portability and Accountability Act (HIPAA). City will provide additional training on City's specific HIPAA policies and procedures. School will direct its students and faculty to comply with the policies and procedures of the City. No protected healthcare information (PHI) is anticipated to be exchanged between City and School, but in the event such PHI is exchanged, the parities shall have previously executed the necessary business associate agreement. Solely for the purpose of defining students' role in relation to the use and disclosure of City's PHI, students acting pursuant to this Agreement are defined as members of City's workforce. However, School's students and faculty shall not be considered employees of the City. H. FERPA. The Parties agree to protect the participating students' educational records in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and any applicable policy of the Parties. To the extent permitted by law, the Parties may share information from participants' educational records with each other so that each can perform its respective responsibilities under this AGREEMENT but shall not disclose or share education records with any third party. Pierce College The Associate Professor for Pierce Emergency Medical Services Program is: (Sarah Swart, sswart@pierce.ctc.edu, EMS Program, Pierce College Ft. Steilacoom Cascade 342, Lakewood WA, 98498, 253-964-6649) 8 DocuSign Envelope ID:C1B12272-90A9-43EC-A33C-D6C9EAB4C991 The Contract Manager for Pierce College Health and Technology is: (YuVonne Bailey- Na varrette ybailey aypierce.ctc.edu, EMS Programs Director, Health and Technology, Pierce College Ft. Steilacoom, WA 98498, 253-964-6649) IN WITNESS WHEREOF, the parties have executed this Agreement. YuVonne Danielle Evans stiley-N a rette ate of v\ shington State of Washington r DocuSigned by: jta./atAA/a., baiLui bbUu:i1D11C684b0... Signature Signature EMS Program Di a &t`a024 Title Date Title Date City of Bremerton Fire DocuSigned by: By Pt '� a t( Fire Chief 1/8/2024 \'�MUL41 (date) 9 DocuSign Envelope ID:Cl B12272-90A9-43EC-A33C-D6C9EAB4C991 FIRST THREE-YEAR RENEWAL SCHOOL CITY By: By: Title: Title: Date: Date: SECOND THREE YEAR RENEWAL SCHOOL CITY By: By: Title: Title: Date: Date: 10