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HomeMy WebLinkAboutE-5 Staff Report - Randall Lewis Fellowship Agreement 2022CONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: JULY 18, 2022 SUBJECT: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH PARTNERS FOR BETTER HEALTH TO BE AN INTERN PLACEMENT SITE FOR THE RANDALL LEWIS HEALTH & POLICY FELLOWSHIP BACKGROUND: Partners for Better Health is a nonprofit that supports projects addressing the health needs of communities. In their efforts to bring together partners that work collaboratively to improve the health and quality of life in local communities. To that end, they facilitate the Randall Lewis Health & Policy Fellowship. This Fellowship engages graduate students interested in the fields of public health, data science and health administration while offering the students the opportunity to meet their university requirement of field training experience. The City of Azusa is actively involved with developing expanded services for residents and can utilize these interns for program development activities. Students may also receive other benefits, tuition support, or stipends funded by the Fellowship program, and requires no financial contribution on behalf of the City. On August 16, 2021, City Council approved a Memorandum of Agreement (Agreement) for FY 2021- 22. This Agreement would engage this partnership again for FY 22-23. RECOMMENDATIONS: Staff recommends that City Council take the following actions: 1)Approve a Randall Lewis Health & Policy Fellowship Memorandum of Agreement with Partners for Better Health to create an internship placement site in the City of Azusa; and, 2)Authorize the City Manager to execute an Agreement with Partners for Better Health, in a form acceptable to the City Attorney, on behalf of the City. APPROVED CITY COUNCIL 7/18/2022 Randall Lewis Health & Policy Memorandum of Agreement July 18, 2022 Page 2 ANALYSIS: City staff facilitate a community collaborative called All in for Azusa. This collaborative is a community driven initiative, that works to create deeper, meaningful, and more impactful programs and services citywide by bringing partners together and better coordinate delivery of care. Entering into an agreement with Partners for Better Health, would allow for supervised internships of students currently participating in their education in public health, data science and health administration. These interns would assist with programs provided by the Community Resources Department and the All in for Azusa Initiative by assisting with program development, promotion, and evaluation. On August 16, 2021, City Council approved an initial Agreement for FY 2021-22. This action would engage this partnership again for FY 22-23. FISCAL IMPACT: There is no fiscal impact associated with this action. The interns are provided without expense to the City. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachment: 1) Randall Lewis Health & Policy Fellowship Memorandum of Agreement 45635.01000\34176767.1 1 Memorandum of Agreement This MEMORANDUM OF AGREEMENT (“Agreement”) is entered into on the _______ day of ______________________, 2022 by PARTNERS FOR BETTER HEALTH (“PBH”) Randall Lewis Health & Policy Fellowship, UNIVERSITY (the “University”) and the City of Azusa, a California municipal corporation (the “City”). Recitals A.Addressing a documented need for retaining essential intellectual capital in underserved areas, PBH established the Randall Lewis Health & Policy Fellowship (Fellowship) to engage graduate students interested in the fields of public health, data science and health administration. B.The Fellowship creates educational and professional opportunities for local graduate students and provides for the expansion of health and policy infrastructure. C.Over the past ten years, recipients of the Fellowship have demonstrated their ability to influence positive change in public policy, non-profits, health systems, and the built and transportation environment in Southern California municipalities. D.The Fellowship offers opportunity for students to meet the University’s academic requirement of a supervised field training experience with an approved organization. E.The University seeks the cooperation of the City in implementing supervised field internship/practicum programs. F.The University offers academic supervision and credit for the satisfactory completion of the eight-month Fellowship. G.The City has complementary objectives in furthering public health and health policy infrastructure, as well as the potential to experience benefits from the contributions of the University’s students participating in the Fellowship. H.The City wishes to assist PBH and the University in implementing the Fellowship program and maintaining its high quality. Attachment 1 45635.01000\34176767.1 2 Rights and Responsibilities: PBH & The Fellowship 1. To initiate and direct the Fellowship application and selection processes each year. 2. To invite regional and national organizations to participate in the Fellowship program. 3. To participate with the Universities in reviewing the applications of interested students. 4. To correspond with the City on its capacity to accept a student participating in the Fellowship (the “Fellow”) and if so, to provide the necessary information to the City, including the name of the Fellow, level of academic preparation, dates of the Fellowship experience, contact information (address and telephone number), and other pertinent information. PBH shall only refer for participation Fellows who are in good academic standing at the University. 5. To ensure the high quality of the Fellowship program by appointing a “Fellowship Director” to serve as liaison for PBH, the University and the City; and to offer additional training and mentorship for the Fellows. 6. To assist the University and the City with maintaining ongoing dialogue among all Fellowship participants. 7. To make available reporting opportunities for the Fellows to feature their work. Rights and Responsibilities: The University 1. To assist PBH with the application and selection processes. 2. To appoint a University faculty to administer the University’s responsibilities related to the integration of academic requirements and the Fellowship program, and to act as the point of contact for PBH and the City. 3. To request that the administrating faculty represent the University at the PBH Fellowship Forum and all other PBH scheduled Fellowship activities throughout the year as requested. 4. To oversee the student’s Fellowship work at the City and to approve projects as requested by PBH. 5. To establish and maintain ongoing communication with PHB director and City regarding the Fellowship program. 6. To inform students that they are to obtain and maintain adequate health insurance coverage during the time that students participate in the Fellowship program and to provide evidence of such coverage to the City, at the City’s reasonable request. University shall also ensure students complete yearly physical examination and obtain required immunizations. 7. To direct the assigned Fellows to comply with the existing pertinent rules and regulations of PBH and the City and all reasonable directions given by qualified PBH and City personnel. 8. To provide to City in a timely manner, at the City’s request, records verifying a Fellow’s good academic standing. 9. To assume responsibility for providing grades to the Fellows in connection with the Fellowship program. 45635.01000\34176767.1 3 10. To inform PBH and the City in the event that a Fellow withdraws from the academic internship/practicum program and is consequently unable to complete the Fellowship. 11. To maintain responsibility for all personnel and academic records of students participating in the Fellowship. 12. In order to assure that patients’ and/or clients’ rights of privacy are not violated, use reasonable efforts to prohibit the publication by students, faculty or staff members of any material relative to their Fellowship that has not been reviewed by City and University. Any article written by a student that has been based on information acquired through his/her Fellowship experience must clearly reflect that University and/or City do not endorse the article. University agrees to provide written instructions to ensure a proper disclaimer is made to appear on each such written article. 13. University agrees to notify the Fellow(s) participating in the Fellowship that they are responsible for the following: (a) Fellows must meet all applicable health standards established by any applicable governmental authority and implemented by City for each site. City shall have the right to terminate from the clinical field experience any student when the health status of such student is detrimental to the health and/or safety of City’s patients, clients, or staff, as determined by City. (b) Fellows must maintain personal health insurance or student health insurance, and his/her own cost, and assume responsibility for treatment of any illness or injury the student may have while participating in the Fellowship. Student shall provide City with proof of health insurance, upon City’s request. (c) Fellows must comply with the City’s clinical administrative policies and procedures, and rules and regulations, and further to attend an orientation and/or any required training from City. (d) Each Fellow will have a complete background check and drug screen upon entering the Fellowship, plus annual physical examination and obtaining any required immunizations (to include annual TB screening). Each Fellow will be required to sign a statement each year indicating that there is no change in their status. (e) Fellows must arrange for his/her own transportation and living arrangements. (f) Fellows must keep all patient or client information (as applicable) confidential in compliance with all applicable state and federal laws. Students shall not discuss, transmit, or narrate, in any form, any patient or client information of a personal nature, medical or otherwise, obtained in the course of the Fellowship, except as a necessary part of the practical experience. 45635.01000\34176767.1 4 Rights and Responsibilities: The City 1. To appoint a qualified representative with experience in administering and evaluating programs or policies related to the Fellow’s field of study. To supervise an MPH, MHA, MBA or doctoral student, the representative will have a related graduate degree and/or the equivalent in terms of experience. The City’s appointed representative ‘s responsibilities include the following: o Participate in the PBH Forum and all other PBH scheduled Fellowship activities throughout the year as reasonably requested; o In collaboration with the Fellow, develop a Scope of Work which clearly specifies the tasks to be completed, the Fellow’s responsibilities for each task, goals and objectives, and timelines to be met; o Assist the Fellow in gaining access to information and data required for the work to be completed by the Fellow; o Mentor and monitor the Fellow’s work schedule and meet with the Fellow in person, at a minimum of one hour per week; o Complete all required PBH forms in a timely manner, including but not limited to signing weekly fellow timesheets; o Submit a mid-year and final evaluation report of the Fellow’s performance; 2. The City should advise PBH of any changes in personnel, operation or policies which may materially affect the Fellowship experience at the City. 3. To ensure that Fellows are given duties commensurate with their skills and experience. 4. To provide the physical facilities, resources, and equipment necessary for Fellows that work on- site at the City, provided that the presence of the Fellow(s) shall not interfere with the activities of the City. The City maintains the right to refuse acceptance of additional Fellows if the City feels it has reached the maximum number of students to receive field experience, based on the availability of space and personnel at the City. 5. To provide the Fellow with a copy of the City’s existing pertinent rules and regulations requiring compliance. 6. To request PBH to withdraw a Fellow from the Fellowship program when the Fellow’s performance is unsatisfactory. The City shall state its reasons for requesting withdrawal in writing to the Fellowship Director. 7. To provide Fellows necessary emergency care on any day when students are participating in the Fellowship at City’s facilities. Except for such emergency assistance, City shall have no obligation to furnish medical or surgical care to any Fellow. Cost of the emergency care will be billed to the Fellow’s insurance. 8. To comply with all federal, state, and local laws and ordinances concerning the confidentiality of the Fellow’s records. 45635.01000\34176767.1 5 General Provisions 1. Non-discrimination. The parties shall make no distinction or discriminate in any way among students covered by this Agreement on the basis of race, color, gender (including pregnancy), religious creed, age, physical or mental disability, ancestry, sexual orientation, gender identity, marital status, national origin, or any other characteristic that is protected by law. Each party shall fully comply with all federal and state statutes concerning discrimination in connection with their respective obligations pursuant to this Agreement. 2. Coordination of Internship Program. The parties shall use reasonable efforts to establish the educational objectives for the Fellowship Program, devise methods for its implementation and continually evaluate to determine the effectiveness of the Fellowship experience. 3. Students Not Employees. The parties hereto agree that the University’s students are fulfilling specific requirements for field experiences as part of a degree requirement and, therefore, the University’s students are not to be considered employees or agents of either the University or the City for any purpose, including but not limited to compensation for services, or provision of Workers' Compensation or employee benefit programs. 4. Term. This Agreement shall be effective for a period of one year when executed by all parties. The date the Agreement is signed by the last party (as indicated by the date stated under the party’s signature) shall be deemed the effective date. 5. Termination. This Agreement may be terminated by any one of the three parties with or without cause upon ninety (90) days written notice. 6. No Agency. All parties acknowledge that they are independent contractors, and nothing contained herein shall be deemed to create an agency, joint venture, franchise or partnership relationship between the parties, and no party shall so hold itself out. No party shall have the right to obligate or bind the other parties in any manner whatsoever, and nothing contained in this Agreement shall give or is intended to give any right of any kind to persons who are not signatories to this Agreement. 7. Notice. All notices to be given under this Agreement (which shall be in writing) shall be given at the respective addresses of the parties as set forth below, unless notification of a change of address is given in writing. Such notices will be deemed given if sent by: (a) postage prepaid registered or certified U.S. Post mail, then five working days after sending; or (b) commercial courier, then at the time of receipt confirmed by the recipient to the courier on delivery. Partners for Better Health City of Azusa Community Resources Dept. 8780 19th Street, Suite 239 213 E. Foothill Blvd. Alta Loma, CA 91701 Azusa, CA 91702 8. Authority to Sign. The parties signing below are authorized and empowered to execute this Agreement and bind the parties to the terms and conditions contained herein. 9. Limitation of Liability. To the maximum extent permitted by law and excluding a breach of any term of this Agreement, in no event will one party be responsible to the others for any 45635.01000\34176767.1 6 incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), and regardless of whether a party was advised or had reason to know of the possibility of incurring such damages in advance. 10. Compliance with Law. The parties shall comply with all applicable laws and regulations relating to the Fellowship, as amended from time to time. 11. HIPAA and HITECH. PBH and the University, in performing its obligations under this Agreement, will have access to Protected Health Information (“PHI”) of City’s members, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 and attendant privacy and security regulations, as amended from time to time (collectively, “HIPAA”). The parties agree that they are subject to all relevant requirements of HIPAA, and other such applicable state or federal laws, including without limitation, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and agree to abide by the terms and conditions set forth in Attachment A, Business Associate Agreement, attached hereto and incorporated herein by this reference. 12. No Guarantee. The parties understand, and University agrees to notify all participating students, that City does not guarantee an offer of employment to any student in connection with the Fellowship. 13. Records. Each party is responsible for its respective employment, healthcare and record keeping practices, which shall conform to all federal, state and local statutes, ordinances, and rules and regulations. 14. Indemnification. PBH shall protect, indemnify, hold harmless and defend City, its officials, officers, employees and agents, from and against any and all suite, actions, judgements, legal or administrative proceedings, arbitrations, claims, demands, causes of actions, damages, liabilities, interest, attorney’s fees, fines, penalties, losses, costs and expenses of whatsoever kind or nature, including but not limited to those arising out of injury to or death of Owner(s) employees, whether directly or indirectly caused or contributed to in whole or in part or claimed to be caused or contributed in whole or in part or claimed to be caused or contributed to in whole or in part by reason of any negligent act, omission or fault or willful misconduct whether active or passive or Owner(s), its employees, agents or independent contractors arising out of, in connection with or incidental to their duties, activities or operations under this Agreement. 15. Assignment. No party shall assign or otherwise transfer this Agreement without the other parties’ prior written consent, which may be held for any reason or for no reason. Any purported assignment in violation of this Section shall be null and void. 16. Governing Law; Venue. This Agreement shall be governed by the laws of the state of California. Should either party institute legal action to enforce any obligation contained herein, it is agreed that the proper venue of such action shall be in either the County of Los Angeles, California. 17. Entire Agreement; Amendment. This Agreement, including all attachments, which are incorporated herein by this reference, constitutes the entire agreement by and between the parties regarding the matters contemplated by this Agreement, and supersedes any and all other agreements, promises, negotiations or representations, either oral or written, between 45635.01000\34176767.1 7 the parties with respect to the subject matter and period governed by this Agreement. No alteration and/or amendment of any terms or conditions of this Agreement shall be binding, unless reduced to writing and signed by the duly authorized representatives of the parties hereto. 18. Counterparts; Signatures. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all of which shall be deemed one and the same instrument. The parties’ faxed signatures, signatures scanned into PDF format, and/or other such electronic transmission of signatures, shall be effective to bind them to this Agreement. 19. Facsimile and Electronic Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature. Partners for Better Health By: Jaynie Boren Executive Director, Randall Lewis Health & Policy Fellowship Date: ________________________________ “University” By: [Name & Title] Date: ______________ _________________ City of Azusa By: Sergio Gonzalez, City Manager Date: