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HomeMy WebLinkAbout11433 ORD - 04/04/1973JRR:HG :JKH:4 -3-73; 1ST AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CON - TRACT WITH THE STATE OF TEXAS TO PROVIDE A MEDICAL SCREENING PROGRAM FOR A.F.D.C. CHILDREN, 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 DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:. - SECTION 1. THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO - A CONTRACT WITH THE STATE OF TEXAS, THE TEXAS STATE DEPARTMENT OF HEALTH, TO PROVIDE -A MEDICAL SCREENING PROGRAM FOR AFDC CHILDREN, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "Ai' AND MADE A PART HEREOF. _ .SECTION E. THE NECESSITY TO ENTER INTO THE AFORESAID CONTRACT AT THE EARLIEST PRACTICABLE DATE IN ORDER TO PROVIDE ADEQUATE MEDICAL I' SCREENING PROGRAM FOR NEEDY CHILDREN OF THE CITY OF CORPUS CHRISTI AND IN NUECES COUNTY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY 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, p AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND 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 - DAY OF APR' 1973• ATTEST: � CITY SECRET Y 4 APP 'ED: MAYOR 1 THE CITY OF CORPU RISTI, TEXAS DAY OF APRIL 973 C I�TO N G /y -• / - STATE OF TEXAS COUNTY OF Pursuant to authority contained in Chapter 513, Acts, 62nd Legislature, 1971 codified as Article 4413 (32c), the Texas State Department of Health hereinafter Called the "State Agency," acting by and through its Commissioner of Health and riry of rn a (hri ti Texas, acting by and through the —Ci.tY-County Health Department, hereinafter called local health department acting by and through its duly authorized governing body have jointly considered and determined that a contractual agreement should be entered into whereby individuals under six years of age who are deemed eligible for medical assistance by the Department of Public Welfare and after June 30, 1973, all individuals under the age of 21 who are deemed eligible for medical assistance by the Department of Public Welfare should receive medical screening do contract and agree as follows: I. For and in consideration of the payments and commitments to be made and performed by the State Agency, local health department agrees and promises to: A. To provide for the early and periodic medical screening for purposes of referral for medical diagnosis and treatment of all individuals deemed eligible for screening by.the Department of Public Welfare. B. To participate fully with the Department of Health in any evaluation study of this program determined to be necessary by the Department of Public Welfare. C. To use the forms, performance manuals and policies prescribed by the State Agency in performance of medical screening. D. To provide on a monthly basis a certified allowable cost report showing all costs whether funded by state or local. The report certified to by the proper official shall be attached to the monthly billing. Each report shall be due at the Texas State Department of Health, 1100 W. 49th., Austin, Texas, by the 15th of each month following the date of month reported. A signed State of Texas Purchase Voucher shall be completed for the amount of the local funds to be reimbursed and shall be accompanied with the cost report. Supporting documents for the costs shall be retained in the local health department for a period of 5 years after the date of submission of the final expenditure report. In the event of audit by or on behalf of the Department of Health, Education and Welfare accurate documents shall be retained until the resolution of audit questions. E. All allowable costs will be in accordance with Bureau of Management and Budget Circular A -87. II. For and in consideration of the services furnished by the local health department and described and set out in Section 1 of this agreement the State Agency promises and agrees to: A. Reimburse monthly to the local health department for local fund costs on the basis of actual costs which shall be substantiated by cost reports as outlined in Sec. I. B. State Agency agrees to make payments for the services performed from current revenues available to the State Agency. III. For and in consideration of mutual benefits accruing to both parties to this contract, it is further agreed and understood by both parties that: A. The State Agency shall have the right through its Commissioner of Health or his representative to inspect, examine, investigate and evaluate the medical screening program provided by the local health department under this contract at any time and if in the opinion of The Commissioner of Health or his representative the services provided do not meet acceptable standards then and in such event the State Agency may terminate this contract upon written notice given 30 days in advance: The contract may be terminated by either party by 30 days written notice to the other. B. The State Agency shall have the right through its Commissioner of Health _or his representative to examine and audit the records which support the monthly cost reports, C. Services rendered under this contract by the local health department will be carried out in accordance with the rules and regulations set forth in the procedures manual furnished by the Texas State Department Of Health. D. It is agreed and understood by both parties that the Department of Health, Education and Welfare and the State Department of Public Welfare shall have the right of on sight inspection during the medical screening operations set out in this contract. It is further agreed that these inspections shall be coordinated with the State Agency. E. Both parties agree to comply with the Federal Civil Rights Act of 1964 as amended and Article 6252 -16, Vernon's Texas Civil Statutes. -F. It isfurtheragreed and understood that equipment purchased by the Department of Public Welfare for this program shall remain the property of the Texas Department of Public Welfare. r a i G. No charges shall be made to individual patients under this program. H. This contract is subject to the availability of appropriated funds, and in the event that such funds become unavailable, this contract shall terminate and the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination, I, This contract in agreement shall be automatically renewed unless either party, within 30 days of its termination date gives notice in writing of its intention to cancel. EXECUTED IN DUPLICATE originals this the day of ...... 1973. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY BY R. MARVIN TOWNSEND APPROVED: CITY MANAGER DAY OF APRIL 973 CITY- COUNTY HEALTH DEPARTMENT BY /j. �ZGE D CITY ATTORNEY W R. fi(•D• ` ATTEST: TEXAS STATE DEPARTMENT OF HEALTH BY - i CORPUS CHRISTI TEXAS . „.•,DAY OF�LC.•(?/F- cam(!_. 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. P ECT LLY' I � 0 MAYOR THE CITY OF CO HRISTI, TEXAS TFE CHARTER RULE WAS - SUSPENDED BY THE FOLLOWING VOTES BONNIE SIZEMORE CHARLES A. BON NIWELL ROBERTO BOSQUEZ, M. D. Or REV. HAROLD T. BRANCH _ THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING • BONNIE SIZEMORE CHARLES A. BONNIWELL . • ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, J $g, J. HOWARD STARK