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HomeMy WebLinkAbout2005 CON San Ysidro Health Center - Lead Screening ServicesCITY OF NATIONAL CITY LEAD HAZARD CONTROL PROGRAM AGREEMENT This AGREEMENT is made and entered into this 21S` day of December 2004 by and between CITY OF NATIONAL CITY ("CNC") and SAN YSIDRO HEALTH CENTER, INC. ("SYHC") providing services at NATIONAL CITY FAMILY CLINIC ("NCFC") and HEALTHY STEPS/HEALTHY CONNECTIONS MOBILE UNITS ("MOBILE"), with reference to the following recitals: RECITALS WHEREAS, CNC is dedicated to the protection of the families residing in National City and has obtained a grant to identify families living with Lead Hazards and assist in the reduction of exposure to such hazards as well as provide community education regarding Lead Hazard exposure; and, WHEREAS, SYHC is a non-profit community clinic organized under the laws of the State of California, engaged in providing medical services within the County of San Diego; and, WHEREAS, SYHC provides medical services in National City through the NCFC; and, WHEREAS, SYHC provides medical services through MOBILE; and, WHEREAS, CNC desires to enter into an Agreement with SYHC to provide the services specified; and WHEREAS, SYHC through NCFC is committed to collaborating with the regional needs in improving the well being of the community and the provision of health care services; and NOW, THEREFORE CNC and SYHC, in consideration of the mutual agreements, covenants, terms and conditions herein contained, agree as follows. 1. Scope of Services 1. SERVICES TO BE PROVIDED BY CNC 1.1 1.2 1.3 Community education and referral for lead testing to NCFC and scheduled MOBILE. Reimburse SYHC for lead testing that is not funded by other publicly funded resources such as Medi-Cal, I Iealthy Families or CHDP Gateway. Participate in orientation as to the services offered by SYIIC in order to correctly inform the community. Collaborate with SYHC in the development of communication materials used for this purpose 1.4 Conduct ongoing collaborative meetings to discuss planning and implementation of the program. 1.5 Collaborate openly with NCFC and MOBILE staff in arranging for lead screening. 1.6 Reimburse NCFC, SYHC and MOBILE for lead testing for children who do not otherwise have funding for such testing at a rate $22 per test. 1.7 CNC will cooperate with SYHC in the investigation of complaints and grievances by providing information necessary for review and resolution of such complaint or grievance. 11. SERVICES TO BE PROVIDED BY SYHC AT NCFC 2.1 SYHC will conduct appropriate screening for lead exposure for children residing in National City including those referred by CNC for such services. 2.2 SYHC will assess families' eligibility for publicly funded programs to help them obtain lead testing. 2.3 SYHC will conduct lead testing in accordance with standard protocols and guidelines and in conjunction with the general healthcare of the child accessing healthcare services. 2.4 SYHC will request families' participation in the release of lead testing results to CNC through the completion of consent to release such records. SYHC will inform the families on the availability of resources to help minimize the exposure to lead hazards offered by CNC. 2.5 SYHC will provide additional assistance with community education and lead testing through the use of MOBILE prescheduled events. 2.6 SYHC will maintain oversight for all services rendered at NCFC and MOBILE for the purpose of this program. 2.7 SYHC shall maintain appropriate licensure allowing for the provision of healthcare services. SYHC warrants that it is in compliance with all applicable local, state and federal laws relating to the provision of Healthcare Services and consistent with prevailing community standards. 2.8 SYIIC will ensure adequate personnel are provided to meet the responsibilities under this agreement. SYHC shall supervise all personnel employed by SYHC, including, but not by way of limitation, allied health professionals. 2.9 SYHC will maintain adequate equipment and supplies necessary for the provision of services outlined in this agreement. 2.10 SYHC will comply with HIPAA Guidelines. 2.11 All medical records generated by the services will be maintained and stored at the appropriate SYHC facility (NCFC). Information to be provided to CNC will be based on the consent to release the requested information. 2.12 SYHC will cooperate with CNC in the investigation of complaints and grievances by providing information necessary for review and resolution of such complaint or grievance. III. TERM OF THE AGREEMENT 3.1 The term of this Agreement shall cover the period from October 01, 2004 to March 31, 2007 unless this Agreement is otherwise terminated as provided hereunder. 3.2 Either party may terminate this Agreement at any time upon the provision of fifteen (15) days' written notice in the event of a Default of the other party and failure to Cure, as provided and defined below, or upon sixty (60) days' written notice for termination without cause. 3.3 The failure of a party to comply with any of its obligations hereunder shall constitute a "Default" under this Agreement. The non -defaulting party, shall, upon noticing the Default, provide written notice to the defaulting party of the Default and shall require the defaulting party to cure its default within thirty days of the date of the notice (the "Cure"). Failure of the defaulting party to Cure said Default will constitute grounds for termination as provided above. IV. INDEPENDENT CONTRACTOR 4.1 None of the provisions of this Agreement are intended to create, nor shall the Agreement be deemed or construed to create any relationship between the parties hereto other than that of independent entities, contracting with each other solely for the purpose of effecting the provisions of this Agreement. An agent, employee or representative of a party hereto shall not be deemed or considered to be an agent, employee or representative of the other party hereto. 4.2 SYHC shall directly employ the individuals engaged to perform the services. V. INDEMNIFICATION 5.1 SYHC, at its sole cost and expense, shall procure and maintain such policies of general liability, automobile, and worker's compensation insurance, and such other insurance as shall be necessary to insure its employees, agents and affiliates against any claim or claims for damages arising by reason of personal injuries or death occasioned directly or indirectly in connection with the performance of any service by SYHC, the use of any property and facilities provided by SYHC, and the activities performed by SYHC in connection with this Agreement, or any amendment hereof. 5.2 To the fullest extent permitted by law, SYHC shall indemnify and hold harmless CNC, its agents and employees, against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of SYHC's obligation herein, provided that such claim, damage, loss or expense is attributable to bodily injury, death or property damage caused in whole or in part by the negligent acts or omissions of the SYHC, its agents, employees or representatives. 5.3 CNC, at its sole cost and expense, shall procure and maintain such policies of general liability, automobile, worker's compensation and such other insurance as shall be necessary to insure its employees, agents and affiliates against any claim or claims for damages arising by reason of personal injuries or death occasioned directly or indirectly in connection with the performance of any service by CNC, the use of any property and facilities provided by the CNC, and the activities performed by CNC in connection with this Agreement, or any amendment hereof. CNC may satisfy this requirement by maintaining its lawful self -insured status. 5.4 To the fullest extent permitted by law, CNC shall indemnify and hold harmless SYHC, its agents and employees, against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of CNC obligation herein, provided that such claim, damage, loss or expense is attributable to bodily injury, death or property damage caused in whole or in part by the negligent acts or omissions of the CNC, its agents, employees or representatives. VI. MISCELLANEOUS PROVISIONS 6.1 Governing Law. This Agreement shall be construed and enforced in all respects according to the laws of the State of California. 6.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of such applicable laws without invalidating the remaining provisions herein, unless such an invalidity or unenforceability would defeat an essential business purpose of this Agreement. 6.3 Amendment. This Agreement may be modified only by an agreement in writing that is executed by both parties hereto. 6.4 Assignment. Neither party may assign this Agreement or any rights or obligations hereunder to any other person without the prior written consent of the other party, which consent shall not be unreasonably withheld. 6.5 Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto and supersedes any prior agreement between the parties with respect to the subject matter hereof. 6.6 Waiver. No waiver of or failure by any party to enforce any of the provisions, terms, conditions or obligations herein shall he construed as a waiver of any subsequent breach of such provision, term, condition or obligations or acts shall be deemed an extension of the time for performance of any other obligations or acts. VII. NOTICES Notices and all other communications pursuant to this Agreement shall be in writing and shall be deemed given when personally delivered or when mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to CNC: If to SYHC: City of National City Attn: Chris Zapata, City Manager 1243 National City Blvd. National City, CA 91950 San Ysidro Health Center, Inc. Attn: Ed Martinez, CEO 4004 Beyer Blvd. San Ysidro, CA 92173 or to such other address as either party may furnish to the other in writing, except that notices of change of address shall be effective only upon receipt. IN WITNESS WHEREOF, each party hereto has signed this agreement on the date set forth, as follows: CNC: City of National City Date: 3)13 SYHC: Date: By: B Chris Zapat City Manager San Ysidro Health Center, Inc. d Martinez Chief Execut S fficer City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 15, 2005 AGENDA ITEM NO. 7 (-ITEM TITLE Resolution to approve agreement between City of National City and San Ysidro Health Center, Inc. for provision of lead screening services. PREPARED BY DEPARTMENT Veronica Serrano x4564 Building & Safety EXPLANATION The National City Lead Hazard Control Program operated through the City of National City Building & Safety Department requests to enter into collaboration with the National City Family Clinic (of San Ysidro Health Center, Inc.). The clinic will provide lead screening services for children of National City to supplement other services provided by the NC Lead Hazard Control Program. Both agencies shall work together to help identify and elimate childhood lead poisoning cases in the city. Environmental Review N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Lead Hazard Control Program Agreement A -too i9 99 RESOLUTION NO. 2005 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAN YSIDRO HEALTH CENTER, INC. TO PROVIDE LEAD SCREENING SERVICES THROUGH THE NATIONAL CITY FAMILY CLINIC AND HEALTHY STEPS/HEALTHY CONNECTIONS MOBILE UNITS WHEREAS, the City is dedicated to the protection of the families residing in National City and has obtained a grant to identify families living with lead hazards and assist in the reduction of exposure to such hazards as well as provide community education regarding lead hazard exposure; and WHEREAS, the City desires to employ a consultant to provide lead screening services for the families within the city; and WHEREAS, the City has determined that San Ysidro Health Center, Inc. is a qualified, licensed and non-profit community medical clinic and is qualified by experience and ability to perform the services desired by the City, and San Ysidro Health Center, Inc. is willing to perform such services through the National City Family Clinic and the Healthy Steps/Healthy Connections Mobile Units. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute an agreement with San Ysidro Health Center, Inc. for lead screening services through the National City Family Clinic and the Healthy Steps/Healthy Connections Mobile Units. Said Agreement in on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 15th day of March, 2005. /‘, Michel R. Della, CityClerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Innza`/Mayor Passed and adopted by the Council of the City of National City, California, on March 15, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Cit Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-53 of the City of National City, California, passed and adopted by the Council of said City on March 15, 2005. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 28, 2005 Ed Martinez, CEO San Ysidro Health Center Inc 4004 Beyer Blvd San Ysidro CA 92173 Dear Mr. Martinez, On March 15, 2005, Resolution No. 2005-53 was passed and adopted by the City Council of the City of National City, authorizing the City Manager to execute an agreement with San Ysidro Health Center, Inc. We are forwarding a certified copy of the above Resolution and one fully executed original agreement. Michael R. Dalla City Clerk MRD/mla Enclosure cc: B&S File No. C2005-9 ® Recycled Paper '