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HomeMy WebLinkAboutRes2017-006 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2017-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENTS TO THE CO-APPLICANT AGREEMENT BETWEEN THE SEWARD COMMUNITY HEALTH CENTER,INC. AND THE CITY OF SEWARD WHEREAS,the Governing Board and City were awarded a New Access Point Grant as a Federally Qualified Health Center in accordance with a Notice of Award issued by the United States Department of Health & Social Services, Health Resources and Services Administration (HRSA), establishing an initial project period of November 1, 2013 through January 31, 2016. Subsequently,a Service Area Competition application was submitted to HRSA in September 2015 and approved by HRSA to continue this grant for a second project period of February 1, 2016 through January 31,2019; and WHEREAS,the Seward City Council enacted Ordinance 2013-013 on December 16,2013, authorizing employees of the Seward Community Health Center to be non-PERS employees of the City for a limited time,amending portions of the City Code,and requiring the Board to enter into a Co-Applicant Agreement("Agreement")with the City of Seward; and WHEREAS,the City of Seward serves as co-applicant with the Seward Community Health Center(stand-alone 501(c)3 entity)as a Federally Qualified Health Center(FQHC),collaborating to improve access to primary health care in the community, pursuant to Section 330 of the Public Health Service Act(42 U.S.C. § 254b); and WHEREAS, the Agreement section 3.4, was amended to read "The Health Center will work closely and cooperatively with the City as co-applicants of Section 330 federal grant funding. The City Council and the Governing Board have agreed that it is mutually beneficial for the employees of the Health Center to be deemed to be City employees for a limited period of time. Therefore, the issue of employment will be reconsidered by the parties no later than the completion of each project period of each Section 330 grant award, and the following shall apply;" and WHEREAS, the Agreement section 3.4.2 was amended to read "Health Center staff, including the Executive Director, shall be City employees subject solely to the Personnel Policies of the Seward Community Health Center, as approved by the Governing Board. The Health Center is fully and solely responsible for all aspects of employment, including payroll administration, hiring, training, supervision, discipline, grievances, and termination, in accordance with the Personnel Policies adopted by the Governing Board." ; and WHEREAS,the Agreement section 3.4.5 was amended to read "Health Center staff are expressly prohibited from participating in the Public Employees Retirement System."; and CITY OF SEWARD,ALASKA RESOLUTION 2017-006 WHEREAS,the Agreement section 3.4.6 was amended to read"Health Center Staff are expressly considered to be City employees for the purpose of participating in health insurance coverage,subject to approval of the Governing Board,although the Health Center may also pursue an alternate health insurance coverage, if necessary." ; and WHEREAS, the Co-Applicant Agreement is established for the purpose of describing the relationship of the parties in the mutual operation of a federally qualified health center in accordance with Section 330. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby approves the Co-Applicant Agreement between the Seward Community Health Center,Inc.and the City of Seward,as amended,in substantial form as presented at this meeting. Section 2. The City Manager is hereby authorized to undertake any and all actions necessary to execute and implement the Agreement. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of January, 2017 THE CITY OF SEWARD ALASKA : av) / / f / . can Bardarson, Mayor AYES: Keil, McClure, Squires, Altermatt, Slater, Bardarson NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: J anna Ki , CMC ity Clerk .•....... OF g . •.,� (City Seal) • G�••,.Go'cy 1 s••.# i 111 SEAL ; •OF AVr'.0 •r�orrcr••••`a AGENDA STATEMENT Meeting Date: January 23, 2017 From: James Hunt, City Manager Agenda Item: Co-Applicant Agreement with Seward Community Health Center, Inc. BACKGROUND & JUSTIFICATION: The City of Seward and the Seward Community Health Center Board (“Board”) are co-applicants in the newly funded Section 330 federally qualified health center in Seward. On December 16, 2013, the City Council enacted Ordinance 2013-013, authorizing employees of the Seward Community Health Center (“CHC”) to be non-PERS employees of the City for a limited time, amending portions of the City Code, and requiring the Board of the CHC to enter into a Co- Applicant Agreement (“Agreement”) with the City. The attached Agreement establishes the roles and responsibilities of the Board, the executive director, and the City of Seward, and expresses the following goals: cooperation rather than competition among healthcare providers to drive efficiency; City financial and administrative support to build a strong foundation for the newly-formed center and oversight of funding; operation of the CHC consistent with Section 330 requirements and the best interests of the community; and restricting the City’s role to the highest level necessary to provide oversight without involvement in daily operations or management. The primary responsibilities of the Board include: selecting services to be provided; adopting policies and procedures; ensuring quality of care; providing a sliding fee discount program; evaluating CHC programs and services; approving annual 330 grant budgets and grant applications, then submitting to City Council for approval; selecting, evaluating, and dismissing the executive director; ensuring that adequate liability insurance coverage is in place for the CHC, employees, and the Board; and ensuring compliance with all applicable HRSA program requirements, laws and regulations. The primary responsibilities of the Executive Director include: managing and supervising activities of the CHC including carrying out policies, procedures, and programs of the Board; negotiating and administering contracts; ensuring eligibility for Federal Tort Claims Act medical malpractice insurance coverage; coordinating with the city manager as to applicable City policies; informing the Parties of any new pertinent federal guidance and requirements; maintaining all licensing; and hiring, credentialing, evaluating, managing, and terminating staff. The primary responsibilities of the City include: providing assistance to the CHC as approved by Resolution of the City Council; ensuring fiscal management and oversight of grant and local funds passed through the City to the CHC; approving grant applications as necessary; providing access to employee health insurance; and approving the annual 330 grant budget upon approval and recommendation by the Board. The Agreement provides that employees are City employees subject to the Personnel Policies of the CHC as adopted by the Board. Employees are hired, credentialed, fired, trained, supervised, disciplined and terminated by the Executive Director in accordance with the Personnel Policies. Employment in the CHC is at-will, and Personnel Policies include a grievance procedure, including the right to file a grievance against the Executive Director, which will be heard by the executive committee of the Board. Employees of the CHC are not entitled to participation in the Public Employees Retirement System, but are expected to participate in a deferred compensation- type plan, and are offered the same health insurance plan as other City employees, including the requirement to contribute a portion of the monthly premium. Employment at the CHC requires a probationary period and employees are currently offered the same annual leave allowances as other City employees. The pay schedule of the CHC will be approved by the Board. INTENT: The intent of this action is to establish the respective roles and responsibilities of the City, the Board, and the Executive Director of the CHC and amend sections 3.4; 3.4.2; 3.4.5; and 3.4.6 to read : 3.4 The Health Center will work closely and cooperatively with the City as co- applicants of Section 330 federal grant funding. The City Council and the Governing Board have agreed that it is mutually beneficial for the employees of the Health Center to be deemed to be City employees for a limited period of time. Therefore, the issue of employment will be reconsidered by the parties no later than three years from the Effective Date of this Agreement the completion of each project period of each Section 330 grant award, and the following shall apply: 3.4.2 For a period of no longer than three years, Health Center staff, including the Executive Director, shall be City employees subject solely to the Personnel Policies of the Seward Community Health Center, as approved by the Governing Board. The Health Center is fully and solely responsible for all aspects of employment, including payroll administration, hiring, training, supervision, discipline, grievances, and termination, in accordance with the Personnel Policies adopted by the Governing Board. 3.4.5 For a period of no longer than three years, Health Center staff may be eligible to participate in City employee benefit plans authorized by the Governing Board, with the exception that they are expressly prohibited from participating in the Public Employees Retirement System. 3.4.6. For a period of no longer than three years, Health Center Staff are expressly considered to be City employees for the purpose of participating in health insurance coverage, subject to approval of the Governing Board and retirement plans other than the Public Employees Retirement System, although the Health Center may also pursue an alternate retirement defined contribution plan health insurance coverage, if necessary. The employees of the clinic will be entirely subject to the personnel and employment policies of the SCHC rather than the City’s personnel policies, and the SCHC will be solely responsible for all aspects of employment of SCHC employees, to include wage and salary structure (pay scale, merit increases, cola, etc.), personnel administration, hiring, credentialing, training, supervision, discipline, grievances, termination, etc. Except as expressly provided in the Agreement, the City will not have any involvement in employment matters of the SCHC, including in the hiring of the executive director. Yes No N/A CONSISTENCY CHECKLIST: Comprehensive Plan (document source here ):p. 12 “We value effective, 1. accessible and affordable heal thcare”; “encourage cooperation X between all healthcare providers”; 2. Strategic Plan (document source here): X 3. Other (list): X ATTORNEY REVIEW: __X__Yes ____ No FISCAL NOTE: The personnel costs associated with employees of the Seward Community Health Center will be costs borne by the Seward Community Health Center. While the City may assist with processing payroll and payables, all personnel and other costs paid on behalf of the SCHC by the City, will be assessed to the SCHC and are considered costs of the SCHC. Approved by Finance Department: __________________________ RECOMMENDATION: Council approve Resolution 2017- approving a Co-Applicant Agreement between the City of Seward and the Seward Community Health Center, Inc.