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Home My WebLink About08071 ORD - 06/27/1966IMS:JKH:6-27-66 AN ORDINANCE d 10 -T AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AND THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT, FOR THAT DEPARTMENT, AN AGREEMENT BETWEEN THE TEXAS STATE DEPARTMENT OF HEALTH, AS THE STATE AGENCY, AND CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT, AS THE PERFORMING AGENCY, UNDER PUBLIC LAW 89 -97 INVOLVING THE ADVANCEMENT OF FEDERAL FUNDS FOR THE PURPOSE OF ASSISTING LOCAL CITY - COUNTY HEALTH DEPARTMENTS TO DEVELOP, IMPROVE AND EXPAND THE CAPACITY OF NEW OR OF EXISTING PUBLIC OR PRIVATE HOME HEALTH AGENCIES WHICH MEET THE QUALIFYING CONDITIONS FOR PARTICIPATION IN THE HEALTH INSURANCE PROGRAM, ALL AS PROVIDED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND M A DE A PART HEREOF; RATIFYING THE EXECUTION OF SUCH AGREEMENT HERETOFORE EXECUTED BY SAID CITY MANAGER AND SAID DIRECTOR; AND DECLARING AN EMERGENCY. WHEREAS, THE TEXAS STATE DEPARTMENT OF HEALTH, HEREINAFTER REFERRED TO AS THE STATE AGENCY, HAS FEDERAL FUNDS WHICH HAVE BEEN MADE AVAILABLE UNDER PUBLIC LAW 89 -97 AS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, DIVISION OF PUBLIC HEALTH SERVICES, FOR THE PURPOSE OF ASSISTING LOCAL CITY - COUNTY HEALTH DEPARTMENTS TO DEVELOP, IMPROVE AND EXPAND THE CAPACITY OF NEW OR EXISTING PUBLIC OR PRIVATE HOME HEALTH AGENCIES WHICH MEET THE QUALIFYING CONDITIONS FOR PARTICIPATION IN THE HEALTH INSURANCE PROGRAM TO PROVIDE HOME HEALTH SERVICES THROUGHOUT EACH STATE; AND WHEREAS, THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO AS THE PERFORMING AGENCY, IS A CITY - COUNTY HEALTH DEPARTMENT CREATED BY AUTHORITY OF ARTICLE 4447A, VERNON'S TEXAS CIVIL STATUTES, AND HAS APPLIED TO THE STATE AGENCY FOR FEDERAL FUNDS TO ESTABLISH AND DEVELOP A HOME HEALTH SERVICE; AND WHEREAS, THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT AND THE CITY OF CORPUS CHRISTI DESIRE TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HEALTH FOR THE PURPOSE OF RECEIVING FINANCIAL ASSISTANCE FROM THE STATE IN PERFORMING THE SERVICES AND DUTIES NECESSARY AND PROPER FOR THE USE OF SAID FUNDS AND TO ENTER INTO A WRITTEN AGREEMENT FOR SAID PURPOSE: 8® "A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AND THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR THAT DEPARTMENT, AN AGREEMENT BETWEEN THE TEXAS STATE DEPARTMENT OF HEALTH, AS THE STATE AGENCY, AND CORPUS CHRISTI- NUECES COUNTY HEALTH DEPARTMENT, AS THE PERFORMING AGENCY, UNDER PUBLIC LAW 89 -97 INVOLVING THE ADVANCEMENT OF FEDERAL FUNDS FOR THE PURPOSE OF ASSISTING LOCAL CITY- COUNTY HEALTH DEPARTMENTS TO DEVELOP, IMPROVE AND EXPAND THE CAPACITY OF NEW OR OF EXISTING PUBLIC OR PRIVATE HOME HEALTH AGENCIES WHICH MEET THE QUALIFYING CONDITIONS FOR PARTICIPATION IN THE HEALTH INSURANCE PROGRAM, ALL AS PROVIDED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND THE EXECUTION OF SUCH AGREEMENT HERETOFORE EXECUTED BY SAID CITY MANAGER AND SAID DIRECTOR IS HEREBY RATIFIED. SECTION 2. THE NECESSITY FOR IMMEDIATELY AUTHORIZING AND RATIFYING THE ACTION OF THE EXECUTION OF SAID AGREEMENT BY THE SAID OFFICERS DUE TO THE SHORTNESS OF TIME WITHIN WHICH SAID FUNDS WILL BE NEEDED FOR SAID SERVICES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AN) THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE '-7 AY OF JUNE, 1966. ATTES �JZ CI TY ECRETA Y MAYOR APPROVED AS TO LEGAL FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS DAY OF J NE„ 1966: CITY A ORN Y j -WHEREAS, the Texas State Department of Health, hereinafter referred to as the State Agency, has Federal funds which have been made available under Public Law 64 -97 as administered by the United States Department of Health, Education and Welfare, Division of Public Health Services, for the purpose of assisting local City- "---County Health Departments to develop, improve, and e:-pand the capacity of new or existing p.iulic or private Lome Health Agczcies _,which meet the qualifying conditions for participation in the Health Insurance Program to provide Home Health Services throughout- " each state;'and 1MREAS, the Corpus Christi- Hueces County Health Department - located in Nueces County, Texas, hereinafter referred to as the ,Performing Agency, is 'a City - County Health Department created by authority of Article 4447a, Vernon's Texas Civil Statutes, and has -applied to the State Agency for Federal funds to establish and develop a Home Health Service; NMI, THEREFC.E, pursuant to the spirit and intent of this agreement, the Performing Agency in the capacity of an independent contractor agrees to render the following services and the State Agency agrees to pay for such services under the following., terms and conditions: 1.* The Performing Agency hereby agrees to comply with Title VI of the Civil Rights Act of 1964 to the end that, in accordance: with the Title VI of that Act, no person in the United States shall on the grounds of race, Colo:.•, or national origin be oNcluded from participating in,-be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for :which „the Performing Agency receives from t'ie State Agency financial assistance; and hereby given r„suronce, that it, the Pai:formin g Ag' eney, will immediately take any :-,easures necessa ry to e:: ectuato WHEREAS, the Texas State Department of Health, hereinafter referred to as the State Agency, has Federal Funds which have been made available under Public Law 39 -97 as administered by the United ' States Department of Health, Education and Welfare, Division of Public Health Services, for the purpose of assisting local City County Health Departments to develop, improve, and expand the capacity of new or existing puk,ic or private Home Health Agencies which meet the qualifying conditions for participation in the,'° Health Insurance Program to provide home Health Services throughout, each state;'and," `WHEREAS, the Corpus Christi - Nueces County Health Department located in Nueces County, Texas, hereinafter referred to as, the` Performing Agency, is a City - County Health Department created by `authority of Article 4447a, Vernonla Texas Civil Statutes, and has 'applied to the State Agency for Federal funds to establish and develop a Home Health Service; NOW, THEREFORE, pursuant to the spirit and intent of this agreement, the Performing Agency in the capacity of an independent' = ! •. contractor agrees to render the following services and the State g pay for such services under the following terms " Agency a roes to g and conditions: :yq�rr 1. The Performing Agency hereby agrees to comply with Title f!_ VI of the Civil Rights Act of 1964 to the end that, in accordance arE- :,• with the Title VI of that Act, no person in the United States shall on the grounds of race, color, or national origin be excluded from participating in, be denied the benefits of, or be otherwise'. subjected to discrimination under any program or activity for which ` _the Performing Agency receives from the State Agency financial assistance;'and hereby gives assurance that it, the Performing Aggency; °{will immediately take any measures necessary to effectuate r I this agreement. Such action shall include, but not be limited to, '= the following: employment, up- grading, demotion,,or transfer; recruitment or recruitment advertising; layoff or terminating and rates of pay or other forms of compensation. The Performing Agency agrees to post'in conspicuous places, available to employees and • applicants for employment, notices to be provided by the State ii {° , -,' Agency setting forth-the provision of this non - discriminations `. "clause. The Performing Agency agrees to provide similar provi -: ,.' sions in any and all subcontracts for services covered by this•• contract and agreement.,-; ;2.• The.Performing Agency agrees to employ Nursing Supervisors, Licensed Vocational.Nurses, Home Health Services Nursing Aides,'and . -a ' clerical personnel; such personnel to be used exclusively within '.:7 -£. '''_the Home Health Agency under the supervision of the'Corpus Christi- '. Nueces County Health Department. The Performing Agency'agrees to',' prepare and submit to the duly authorized representative of the • r ",' rF State Agency for prior approval, justification for each position #:..` be filled under the'terms of this agreement. The Performing ; , ., 4 '- ,Agency shall certify to the State Agency that the above - mentioned :` 4, i °,, "+~employees have qualified or are in the process of qualifying for`, `k,- their respective positions as provided by the rules and regulations „ _ =:•of the,Texas Merit System Council for the Texas State Department,:' .' of Health. �• 3. The Performing Agency agrees that reasonable fees shall.,,• be charged for services rendered to patients by employees of the ' Home Health Agency except that prior to charging fees for the above -, ,mentioned services, the Performing Agency agrees to prepare and submit to the Director of Home Health Services for approval aQ ` complete schedule of all the aforementioned fees and charges. 4. The Performing Agency agrees to maintain and to submit to - the State Agency a monthly report reflecting all fees, charges, , or payments of any kind received or accrued,during the monthly ",' reporting period for services rendered by the Home Health Agency except that charges made for services rendered under the provi -•, sions of this agreement need not be reported.' 5., The Performing Agency agrees to permit a duly authorized'' representative of the State Agency to visit and review the progress, procedures, and other activities of the Home Health Unit including full access to all books and records'pertaining to the operation of " �k 4 the aforementioned agency.' It is agreed and understood by the.''., M`.:,;Performing Agency that'all books and records of the Home Health _Unit are subject•,to audit by Federal, State,-and Department Health auditors:' 6. The State Agency agrees to pay for the direct costs of r' -,,; services rendered under the terms of this agreement. Such services include salaries end fees paid to employees working exclusively within the program herein described less any charges made for their ' services for- whichihey- ottierwtse, have'b�e�ia axe- ta-bc3 -yea' � sad =� • o�Ygaid/; and direct travel expenses incurred by the employees Of. "V' the Home Health Agency while fulfilling their duties under the terms of this agreement; provided, however, that reimbursement rates for travel expenses shall never exceed rates prescribed for the ✓� employees .of the State Agency. 7. Payments under this agreement are to be made by the State. ` Agency to the Performing Agency at the end of each calendar month for services rendered during that month less any charges for which the employees of the Home Health Agency otherwise have been reim- bursed or are to be reimbursed or paid. The Performing Agency,,j.. agrees to prepare and submit to the State Agency for payment a r ' statement showing the cost of all direct salaries or other personal I services and expenses paid or accrued by the Home Health Agency during the billing period together with travel costs of the Home Health Agency employees less fees, salaries or other personas >� services or any expenses for which the employees otherwise have•`, been reimbursed or are to be reimbursed or paid.. The aforementioned statement shall be signed,by the Director of the Corpus Christi- Nueces County Health Department and shall include an affidavit .- executed by the Director stating that the provisions'of this agree- meat have been adhered to in every respect'and that he has made ,- diligent inquiry and examination and that within his knowledge the statement is true and correct. ; `..5. It is hereby agreed by the State Agency and the Performing,- . Agency that during the period this contract remains in effect the maximum amount expended shall not exceed Fifty -two Thousand Two Hundred Dollars ($52,200). This contract and agreement will become affective upon the date of the proper signatures herein attached and will continue in effect until Juno 15 1967 but may be'terms -. �nated by the State Agency if at any time violations of any of,the :provisions hereto are found to exist and are not corrected within, -., ,I i» ;'thirty (30) days after receiving written noticeaof such violations'.. STAT F^AGENCY ;; N J. Z. Peavy, M.01 Date ' ,,I,• 'Commissioner of ealth Texas State Department of Health Catherine Coleman, M. D. Date Director, Home Health Services «t' Medical Care Administration {' 4 Texas State,Department of Health 'may' s �S + ' • PERFf3MaNG AGENCY W. R. Metzger, N. D. Bate, Director Corpus Christi- Nueces County :r,L, <, ' t Hcalth Department, APPROVED 1 //j�. / Herbert W. Whitne Date City Manager • City bf Corpus 'Christi' `subject' _ This contract is to approval by the Mayor and City Council of the '1. City-of Corpus'Christi, Texas.-`k t {" ;, t• •' ,y;f 'jN,AV er' Ya', rt: : ;'K, '- '� • v „ - r• ,'.,fi- ° ,' -_ it a ,,^ a +..- . »..` CORPUS CHRISTI TEXAS / DAY OF 19y TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY X_CA_e� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN / JACK BLACKMON PATRICK J. DUNNE 1 DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE ✓ WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN / JACK BLA ,KMON PATRICK J. DUNNE ,� ) DR. P. JIMENEZ, JR. KEN MCDANIEL V—i, RONNIE SIZEMORE ✓ WM. H. WALLACE