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Home My WebLink About11358 ORD - 03/14/1973JRR:HG:ml :3- •14- 73;ist • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CORPUS CHRISTI HEARING AND SPEECH CENTER, ALL AS MORE FULLY SET' FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND AMENDING THE REVENUE SHARING BUDGET FOR THE FIRST ENTITLEMENT PERIOD BY APPROPRIATING FROM THE INTEREST EARNED ON THE FIRST ENTITLEMENT PERIOD CHECK THE AMOUNT OF $4,458; PROVIDING FOR SEVER- ABILITY; AND DECLARING AN EMERGENCY. 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, 3QQ�__"75 authorized to enter into a contract with the Corpus Christi Hearing i Center under which the Center will be reimbursed for $9,958 in discounted fees granted to certain citizens of the City of Corpus Christi who received diagnostic evaluations and therapy services from the Center during the period of August 1, 1972 through January 31, 1973, all as more fully set forth in the contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That the Revenue Sharing Budget for the first entitlement period, adopted by the City Council on February 14, 1973, be, and, the same is hereby amended, by appropriating from the interest earned on the first entitlement period check the amount of $4,458, applicable to Activity No. 121 -3624, Code 301. Said funds will be used in addition to the $5,000 originally appropriated in the above mentioned account to reimburse the Corpus Christi Hearing and Speech Center according to the attached contract. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ' ordinance, for it is the definite intent of this City Council, that every section, paragraph, subdivision, clause, phrase, word, or 1.1.358 r provision hereof be given full force and effect for its purpose. SECTION 4. The necessity to enter into the aforesaid contract at the earliest practicable date creates a public emer- gency 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 but 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 and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of March, 1973. ATTEST: c a ° Cit Secretsr MAYOR THE CIT OF O US CHRISTI, TEXAS APPROVED: /,, MA DAY OF MARCH, 1973: aC�' -�°o`F - C_ity Attorn y w THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the Corpus Christi Hearing and Speech Center (hereinafter called "the Center "), a non - profit corporation located at 3455 South Alameda, Corpus Christi, has been providing, since 1965, diagnostic evaluations and therapy services to the citizens of the City of Corpus Christi with speech and hearing problems; and WHEREAS, the abovementioned services are provided regardless of ability to pay and when the payment of the full fee for the services rendered, as per the fee schedule which is attached hereto and marked Exhibit "A ", would create an undue financial burden on the recipient of the services, the recipient is charged a discounted fee based upon his ability to pay; and WHEREAS, from August 1, 1972 through January 31, 1973 ( "base period "), 3,240 patient visits were made to the Center by the citizens of the City of Corpus Christi receiving discountee, fees; and WHEREAS, if each such patient visit had been billed according to Exhibit "A ", the total bills for the services of the Center during the base period would have been $16,451; and WHEREAS, since each such patient visit was billed at a discounted fee, only a total of $6,493 was billed for such services; and WHEREAS, the total discount allowed for such services during the base period was $9,958; and WHEREAS, the City Council of the City of Corpus Christi, Texas finds that the payment of the total discount figure for the above is in the interest of the health and welfare of the citizens of this City; and WHEREAS, the City of Corpus Christi a home rule City and body politic under the laws of the State of Texas, herein- after called ( "the City "), has appropriated $5,000 in its budget for the expenditure of revenue received under the first entitle- ment period of the State and Local Fiscal Assistance Act of 1972 for the purpose of aiding the Center in carrying out its speech and hearing therapy programs for the indigent; and WHEREAS, the City has appropriated an additional $4,458 from the interest earned from the first entitlement period alloca- tion of Federal Revenue Sharing funds under the aforesaid Act for the purpose of aiding the Center as herein provided: NOW, THEREFORE, for and in consideration of the mutual Payments, covenants and conditions contained herein, do the City and the Center hereby agree covenant and contract as follows: A. The City agrees: 1. to reimburse the Center for $9,458 of tha $9,959 discounted by the Center for its diagnostic evaluations and therapy services to the citizen3 of the City during the base period, as set out above. B. The Center: 1. Agrees to keep and maintain such records as may be prescribed by the City to support the data and figures upon which this contract is based and to show how the money granted herein was expended for so long as the City determines it is necessary to keep and maintain said records. 2. Agrees to provide free.and unlimited access to said records at any reasonable hour to auditors from the City and /or auditors from the United States Government. 3. Agrees to use uniform reasonable standards to determine if, when, how, under what conditions and who is entitled to a discounted fee for the services rendered in the Center or the basis of creation of an undue financial burden on the part of the recipient of such services. -2- 4. Agrees that the funds received under this contract shall not be used to obtain any matching Federal funds, directly or indirectly, under any Federal program. 5. Agrees that the Center will not discriminate or refuse to provide any of its services to any party on the grounds of race, color, national origin, or sex. 6. Agrees, that in the event all or any part of the funds received by the Center in accordance with this contract are finally determined, after an audit conducted by the City and /or the United States Government to have been wrongfully or illegally expended, the Center will reimburse the City in an amount equal to 110% of any amount so determined to have been wrongfully or illegally expended. 7. Reserves the-right to change or amend the fee schedule as it appears in Exhibit "A" at any time without notice. WITNESS OUR HANDS IN DUPLICATE ORIGINALS at Corpus Christi, Texas, binding the respective parties, this day of March, 1973. ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend APPROVED: City Manager L Y' DAY OF MARCH, 1973: City // Attorney ATTEST: Secretary CORPUS CHRISTI SPEECH AND HEARING CENTER By Wallace R. Wilkerson President ar Speech Evaluation Hearing Test Pediatric Hearing Test (Two staff members required) Hearing Aid Check Hearing Aid Evaluation Advanced Hearing Test Battery (SAAB) Consult (In CCH &S Center Offices) Consult (Off Site) Group Therapy Individual Therapy $40.00 20.00 25.00 15.00 25.00 25.00 10.00 - 1/2 hr. 12.50 - 1/2 hr. 4.00 - 1/2 hr. 6.00 - 1/2 hrs. • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14, 1973 I certify to the City Council that $ 4,458.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 121 Revenue Sharing Fund I Project No. 2849 - Interest Earned Project Name 121- 1984 - Unappropriated Fund Balance from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 192-,- Director £ ce FIN 2-55 Revised 7/31/69 OF� h 4A 411 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14, 1973 I certify to the City Council that $ 4,458/00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 121 Revenue Sharing Fund I Project No. 2849 - Interest Earned Project Name 121- 1984 - Unappropriated Fund Balance from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of-Finance FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, TEXAS - - AY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING .ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ULLY, .O MAYOR THE CITY 6F CO U CHRISTI,, TEXAS T`1E CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL .. ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES _ - GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. �. J. HOWARD STARK