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HomeMy WebLinkAboutReso 94-216 - Approving entering into the "Agreement amount Couty of Shasta, Cities of Redding and Anderson, and the Shasta Community Health Center for Sexual Abuse Examination & Expert Witness Services RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO THE "AGREEMENT AMONG COUNTY OF SHASTA, CITIES OF REDDING AND ANDERSON, AND THE SHASTA COMMUNITY HEALTH CENTER FOR SEXUAL ABUSE EXAMINATION AND EXPERT WITNESS SERVICES," AND AUTHORIZING THE MAYOR TO SIGN. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into the "Agreement Among County of Shasta, Cities of Redding and Anderson, and Shasta Community Health Center for Sexual Abuse Examination and Expert Witness Services, " a true copy of which is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said agreement on behalf of the City; and the City Clerk is directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and ado ted at a regular meeting of the City Council on the day of 1994 , by the following vote: AYES• COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge,. Murray and '*R Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None OBERT C. ANDERSON, Mayor City of Redding \ ATTEST.: FORAPPROVED: CONNIE STROHMAYER, City Clerk RANDALL A. HA S, City Attorney AGREEMENT AMONG COUNTY OF SHASTA, CITIES OF REDDING AND ANDERSON AND SHASTA COMMUNITY HEALTH CENTER FOR SEXUAL ABUSE EXAMINATION AND EXPERT WITNFrSS SERVICES This agreement is entered into among the County of Shasta and its Sheriff's Department, Department of Social Services, Children's Protective Services Division and District Attorney (hereafter "County" or "Sheriff's Office", "CPS" or "D.A."); the City of Redding and the Redding Police Department ("Redding" or "RPD"), the City of Anderson and the Anderson Police Department ("Anderson" or "APD"); and the Shasta Community Health Center, a California not-for-profit public benefit corporation ("Clinic"). 1. PURPOSE OF THIS AGREEMENT The purpose of this agreement is to make available expert medical examinations and the gathering of medical evidence for County and City departments involved in the detection of child abuse, prosecution of sexual offenders or provision of social services to abused, neglected or exploited children and their families. This agreement establishes a funding mechanism for the training of two physicians and a physician's assistant, employed by or under contract to Clinic, to provide those examinations. This agreement also provides reimbursement for those medical examinations and for expert testimony by such personnel in criminal and civil actions involving children who are suspected of being victims of child sexual abuse or assault, neglect, or exploitation. 2. RESPONSIBUXI'IFS OF CLINIC During the term of this agreement, Clinic will make available two appropriately trained physicians and a physician's assistant to perform in Clinic's facilities physical examinations of children who are suspected to be victims of child abuse, neglect or exploitation. Such services 1 1 shall be limited to patients who are referred to Clinic by one of the other parties to this agreement for crimes or incidents committed in this County or whose court appearance is to take place in Shasta County. All other patients will be directed to a local emergency room. Clinic will not provide "acute/emergent" or other services akin to a "Sexual Assault Rapid Response Team" (SART). Such situations must continue to be handled by the emergency rooms of the local hospitals. The follow-up and/or more thorough medical examination and consultation contemplated by this agreement will be conducted by Clinic on a pre-scheduled basis during normal Clinic operating hours. Medical consultation services provided by the Clinic shall be exclusively conducted at the facilities of the Clinic by Clinic medical providers. Clinic shall make the physician or physician's assistant ("the provider") who performed the examination available to testify as an expert witness in civil or criminal actions brought by CPS or the D.A. At the request of CPS or the D.A., the provider who is to testify will be placed "on-call" for the day the provider is expected to testify. CPS or the D.A. will make reasonable efforts to accommodate the provider's professional and personal schedules when setting court appearances. In addition, Clinic will arrange for the physician and physician's assistant to obtain specialized training regarding child sexual abuse and medical-legal techniques. The training will be equivalent to that described in Attachment "A". The training shall be paid for in the manner described in paragraph 4 of this agreement and shall be completed within 90 days of the effective date of this agreement. During the first three years of the term of this agreement, Clinic will ensure that it has on staff at least one appropriately trained physician to provide the services described in this agreement. Should both physicians terminate their employment with Clinic or otherwise become unavailable to provide services required by this agreement during that three-year period, Clinic 2 shall, within ninety (90) days of the physicians becoming unavailable to provide the services described herein, obtain equivalent training for another Clinic physician to replace the unavailable physicians at Clinic's sole expense. The choice of replacement physician shall be reviewed in advance by County, Redding and Anderson. After the first three years of this agreement, should a replacement physician be necessary because of the unavailability of the physicians or any replacement physician, the parties will either negotiate the cost of training the replacement physician or terminate this agreement. 3. RESPONSIBIIITIF.S OF CIJ IC'S PHYSICIANS AND PHYSICIAN'S ASSISTANT During the term of this agreement, Clinic's physicians and physician's assistant shall: A. Provide sexual abuse examination services to the D.A., CPS, Sheriffs Office, APD or RPD ("the departments") as requested. B. Make available the physician or physician's assistant who performed the medical examination to act as an expert medical witness as requested by the D.A. or CPS. The D.A. or CPS must give 24-hour notice if a scheduled court appearance is called off. C. Be fully responsible for payment of all taxes due to the State of California or the federal government which would be withheld from compensation if the physicians or physician's assistant were public employees. County and the cities shall not be liable for deductions of any amount for any purpose from the compensation of the physicians or physician's assistant. It is fully understood that the physicians and physician's assistant are not eligible for coverage under the County's or either city's workers' compensation insurance plan or any other benefit plan. 3 0 • D. The physicians or physician's assistant shall be responsible for all personal and professional expenses, including, but not limited to, those pertaining to professional licensure fees, educational expenses (except as provided in paragraph 1), and membership dues in professional societies. E. The physicians and physician's assistant shall not incur any financial obligations on behalf of the County or either city without securing written authorization from the department requesting the service. 4. COMPENSATION Clinic will be compensated by County, Redding and Anderson for the costs of the training provided to the two physicians and the physician's assistant and by the requesting entity for each examination performed or court appearance made pursuant to this agreement. Clinic has received a $5,000 grant from the Sierra Health Foundation to cover a portion of the training expenses. County, Redding and Anderson shall pay an additional $12,842 to cover the remainder of the training costs. Of that $12,942, County and Redding shall each pay $5,771 (approximately forty-five percent of the $12,842 from each entity) and Anderson shall pay $1,300 (approximately ten percent of the $12,842). These sums shall be paid to Clinic within 30 days of the date of this agreement. For medical examinations performed by Clinic pursuant to paragraph 2 of this agreement, the agency requesting the medical examination shall pay Clinic the sum of$150 per examination, for those examination not eligible for reimbursement under Medi-Cal. If Medi-Cal does not pay $150 for such examinations, the agency shall pay the difference. For expert medical testimony provided pursuant to paragraph 2 of this agreement, CPS or the D.A. shall pay Clinic the sum of$150 per hour. If CPS or the D.A. places a physician or physician's assistant "on call" and fails to provide notice of cancellation by 5:00 p.m. the 4 weekdayprior to the scheduled court appearance, Clinic shall bed $100. P PP�an P� 5. BELLING AND PAYMENT For services compensated under paragraph 4 above, Clinic shall submit a statement identifying the case name (and case number if the number was provided by the department), the department that requested the services (D.A., CPS, Sheriffs Office, APD or RPD), the service rendered, and hours worked and the cost, to the department for which the services were rendered, for review and approval. The department will submit the bills and any other necessary paperwork to the department's auditor. The auditor shall pay Clinic within thirty working days. 6. TERM OF AGREEMENT This agreement shall commence on the date of signing and shall continue in effect through June 30, 1995. It shall be automatically renewed for two successive one-year terms unless any party terminates this agreement pursuant to paragraph 7. 7. TERMINATION OF AGREEl1�IIIVT At any time during the term of this agreement, County or either city may unilaterally terminate this agreement immediately upon the occurrence of any of the following events: A. Suspension, revocation or termination of the professional licenses of either of the physicians or the physician's assistant; B. Death or incapacity of either of the physicians or of the physician's assistant; C. The conviction of either of the physicians or the physician's assistant of any crime punishable as a felony. Any party may terminate this agreement for any reason upon 90 days' written notice after the first year of this agreement, or earlier or on shorter notice by mutual written consent of the parties, and thereafter each shall be relieved of all obligations under this agreement. 5 r whatever r • ount If, foreason, the County of Shasta unilaterally imposes a significant reduction in its overall financial commitment to the Clinic for general operating needs, and that revenue is not replaced by other public monies, the Clinic reserves the right to terminate this contract on 60 days notice. 8. INDEPENDENT CONTRACTOR STATUS During the term of this agreement, Clinic and Clinic's physicians and physician's assistant shall have the status of independent contractor while rendering services to the County and the cities. County and the cities shall neither have nor exercise any direct control or direction over the methods by which the physicians and physician's assistant perform their working functions. The physicians and physician's assistant agree to perform their work at all times in strict accordance with currently approved methods and practices in their field and in accordance with state law and regulations. It is understood that the sole interest of County and the cities is to insure that services shall be performed and rendered in a competent, efficient and satisfactory manner and in accordance with the standards required by California law. As an independent contractor, Clinic and its physicians and physician's assistant shall have the right to work for other public entities or in private practice as long as, no conflict of interest with the responsibilities of Clinic or its providers arises due to such work. 9. NO THIItD PARTY BENEFICIARIES This agreement shall not be construed to provide rights or benefits of any nature to any third persons or entities. This is not a third-party beneficiary contract. 10. NOTICES Any notice required or permitted to be given by any party to the other hereunder shall be given by personal delivery, or by certified or registered mail, return receipt requested, postage prepaid, deposited in the United States mail, addressed to the respective parties at the following 6 • 0 addresses, or at such addresses as may be designated from time to time by written notice as herein specified: If to County: County Administrative Officer 1815 Yuba Street, Suite 1 Redding, CA 96001 If to City of Redding: City Manager 760 Parkview Redding, CA 96001 If to City of Anderson: City Manager 1887 Howard Street Anderson, CA 96007 If to Clinic: Executive Director Shasta Community Health Center 2630 Breslauer Way Redding, CA 96001 11. AMENDMENTS This agreement may be amended at any time by mutual written consent of all parties. 12. ENTIRE AGREEMENT This agreement supersedes any and all other agreements, either oral or in writing, among the parties hereto, and contains the entire agreement among the parties. 13. INSURANCE A. Clinic agrees to obtain and continuously maintain (for the term of this Agreement) Medical Malpractice Insurance in an amount of not less than one million dollars ($1,000,000) per occurrence nor three million dollars ($3,000,000)aggregate for all medical services provided by the Clinic, any officer, director, department head, medical staff, employee, enrolled student in a formal training program, paramedic, or volunteer. Clinic shall provide County and the cities a Certificate of Insurance or, upon 7 written request, a certified copy of the policy as evidence of insurance protection provided. B. Clinic agrees to obtain and continuously maintain (for the term of this Agreement) Comprehensive General Liability Insurance, including auto and non-owned auto liability insurance of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Such insurance shall include County, Redding and Anderson and their elected and appointed officers and employees as additional insureds and shall not be reduced or canceled without thirty (30) days written prior notice certain to County and the cities. This insurance shall contain a "cross liability" endorsement which shall read as follows: "The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects any claim, suit, or judgment made or brought by or for any other insured, or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company's limits of liability beyond the amount or amounts for which the insurer would have been liable had only one insured been named." C. Clinic shall provide County and the cities a Certificate of Insurance, or upon written request, a certified copy of the policy as evidence of insurance protection provided. 8 D. CliniclOshall obtain and continuously mainfn (for the term of this Agreement) workers' compensation insurance to cover Clinic and Clinic's employees. 14. NON DISC REMINATION Clinic will not discriminate in employment practices or in the delivery of services on the basis of race, color, creed, national origin, sex, age, marital status or physical or mental handicap. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be affixed this day of , 1994. ATTEST: COUNTY OF SHASTA CAROLYN TAYLOR Clerk of the Board FRANCIE SULLIVAN, Chair Board of Supervisors By APPROVED AS TO FORM: KAREN KEATING JAHR County Counsel ATTEST: CITY OF RIDDING CONNIE STROHMAYER City Clerk ROBERT C. ANDERSON, Mayor By APPROVED AS TO FORM: Randall Hays City Attorney 9 . t 0 ' ATTEST: CITY OF ANDERSON JACQUELINE SHARP City Clerk RODNEY JONES, Mayor By APPROVED AS TO FORM: MICHAEL FITZPATRICK City Attorney By SHASTA CONPAUNITY HEALTH CENTER C. DEAN GERMANO Executive Director Tax Identification No. , ye 10