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HomeMy WebLinkAbout14399 ORD - 07/26/1978jkh:7- 26- 78;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS TO PROVIDE FAMILY PLANNING SOCIAL AND MEDICAL SERVICES FOR INCOME ELIGIBLE INDIVIDUALS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 authorized to execute a contract with the State of Texas to provide Family Planning social and medical services for income eligible individuals, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule,that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and aft its passage, IT IS ACCORDINGLY SO ORDAINED, this the "I of 1978. ATTEST: Ci y Secretary N, MAYOR T4CITY' OR PUS CHRISTI, TEXAS APPROVED: 26th DAY OF JULY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY film By UAW n ILMED Assistant Ci y ttorney JUL a 81980 14;399 f=. Texas Department of Human Resources. STATE OF TEXAS COUNTY OF TRAVIS TITLE XX FAMILY PLANNING CONTRACT NO. 081-07—P-00 The Texas Department of Human Resources, hereinafter referred to as the Department, and CITY OF CORPUS CHRISTI Form 2034 October 1977 hereinafter referred to as the Contractor, which has been certified by the Departments Title XIX fiscal intermediary agent as a Title XIX family planning vendor, do hereby make and enter into this contract, which constitutes the entire agreement between the Contractor and the Department. I. The Department is the single Texas state agency responsible for administering the public welfare program under the Social Security Act. Federal law and regulations, as well as State law, in TEX. REV. CIV. STAT. ANN. art. 695c 3 4(12), permit and authorize the Department, subject to certain limitations, to enter into agreements with public or private agencies for the purposes of providing social and /or other services for the benefit of eligible individuals. Since the Contractor desires to provide services for the benefit of certain eligible individuals, as described herein, the Department and the Contractor make this contract. 11. The parties Hereto mutually agree: A. The scope of the services to be provided by the Contractor and /or subcontracting agency(ies) under this contract, is limited to those services listed in the Plan of Operation which is attached to this contract and incorporated into this contract in its entirety by specific reference. Any change, modification, or amendment thereto, must be made with the prior written approval of the Department except as otherwise provided in this contract and any such change, modification, or amendment to such Plan of Operation is not effective until approved by the Department. Such original Plan of Operation together with any approved amendment as maintained on file by the Department will be considered to be the controlling instruments in case any disputes arise relative to the wording of any portion of such Plan of Operation or amendment thereto. B. Medical and social services under this contract are extended to income eligible individuals. Social services under this contract are extended to current AFDC and SSI recipients. Services offered to current AFDC recipients, current SSI recipients, and income eligible individuals must be fully integrated with those offered to patients not subsidized by the Department. i Form 2034 Page 2 C. The basis for payment for services rendered under this contract is indicated in the set fee schedule included in the aforementioned Plan of Operation. Any Contractor- initiated amendment to the fee schedule is subject to prior written Department approval. The Department -may revise the fee schedule by giving the Contractor written notice of such revision. D. The Department, the Contractor and all subcontractors, if any, will carry out the requirements for the provision of services as set forth in Chapter II, Title 45 of the Code of Federal Regulations, as amended, will monitor and conduct fiscal and/or program audits at reasonable times and will provide consultative and technical assistance for the continuous development of the services contemplated by this contract. The Department shall have authority to monitor and conduct fiscal and/or program audits of both the contractor and its subcontractor(s) to the extent of services provided under the terms of this contract.' On site visits as well as access at reasonable times to all books and records will be granted State or Federal auditing agencies, representatives of the United States Department of Health, Education, and Welfare and/or the Department when it is deemed necessary by the Department for purposes of inspection, monitoring, auditing, or evaluating said materials. E. This contract is subject to the availability of State and Federal funds and if such funds become unavailable, or if the total amount of funds allocated for this contract should become depleted during any budget period and the Department is unable to obtain additional funds for such purposes, then this contract will be terminated. In the event that the Contractor fails to provide services in accordance with the provisions of this contract, the Department may, upon written notice of default to the Contractor, terminate the whole or any part of this contract, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. Furthermdre, in the event that Federal or State laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of either party, substantially unreasonable or impossible, or if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, and in that event, 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. F. This contract may be cancelled by mutual consent; however, if such mutual consent cannot be attained, then, and in that event, either party to this contract may consider it to be cancelled by the giving of thirty (30) days notice in writing to the other parry and this contract shall thereupon be cancelled upon the expiration of such thirty (30) day period. G. This contract may be renewed and extended by written notice to the Contractor in the form of an amendment from the Department; such amendment shall state the term and any conditions under which the contract is to be renewed and extended, and each of such amendments of renewal shall be incorporated into and become a part of this contract. - Form 2034 Page 3 III. The Contractor agrees to, and will require its subcontractor(s) if any, to agree to: A. Provide services in accordance with the aforementioned Plan of Operation and allow the Department to monitor same. B. Provide to the Department, in accordance with the procedures prescribed by the Department, a verified and proper monthly statement of charges, or certification of expenditures, for services which have been rendered under this contract. C. Refrain from entering into any subcontract(s) for services without prior approval or waiver of the right of approval to subcontract. All subcontracts, if any, entered into by the Contractor shall be written. Any subcontract entered into by the Contractor shall be subject to the requirements of Title XX of the Social Security Act, as amended, and of this contract. The Contractor agrees that it shall be responsible to the Department for the performance of any subcontractor. D. Comply with all applicable State licensing requirements and/or Federal certification requirements E. Furnish the Department with various statistical reports as required by the Department in the format prescribed by the Department. F. Make available at reasonable times and for reasonable periods those client records, books, and supporting documents kept current by the Contractor and its subcontractor(s) pertaining to provided services for purposes of inspection, monitoring, auditing, or evaluating by Department personnel or their representatives. G. Participatp fully in any evaluation study of this program authorized by the Department. H. Comply with Department rules and regulations pertaining to hearings concerting applicants for and recipients of services and to abide by the decisions rendered by the Department in such hearings. The Contractor shall inform all individuals of their right to such fair hearing. I. Comply with the Federal Civil Rights Act of 1964, as amended, and TEX. REV. CIV. STAT. ANN. art. 6252 -16, as amended, and Executive Order No. 11246, entitled "Equal Employment Opportunity" as supplemented in 41 C.F.R. Part 60, including but not limited to, giving equal opportunity both to those seeking employment and those seeking services without regard to age, race, color, religion, sex, or national origin. J. Establish a method to secure the confidentiality of records and.other information relating to clients in accordance with the applicable Federal law. rules, and regulations, as well as the applicable State law and regulations. K. Maintain and retain case information concerning those individuals and families who received services and supporting fiscal documents adequate to ensuie that claims for Federal matching funds are in accord with applicable Federal requirements. Said documents shall be maintained and retained by the Contractor and all subcontractors, if any, for a period of three (3) years after the date of submission of the last expenditure report, or until an audit has been concluded, whichever is greater. N_; Form 2034 Page 4 L Be primarily responsible for any audit exception or other payment deficiency in the program covered by this contract which is found to exist after monitoring or auditing by the Department or the United States Department of Health, Education, and Welfare, and be primarily responsible for the collection and proper reimbursement to the Department of any amount paid in excess of the proper billing amount. M. Submit billings and statistical documentation as required by the Department by the forty -fifth (45th) day following the last day of the month in which a service was performed, and in any event, no later than the ninetieth (90th) day following the last day of the month in which service was provided. Failure to do so will be considered failure to comply with the contract. Such failure to comply is valid justification for immediate termination of this contract. N. Offer family planning sevices without regard to maternity, marital status, parenthood, or age; with respect for the dignity of the individual; upon referral from any source including the patients own application; on a voluntary basis, ensuring the patient complete choice of provider and choice of contraceptive method which is medically feasible. Patients may accept or reject contraceptive services and supplies under this program with complete freedom from coercion or pressure of mind and conscience. O. Use money received through the planned reimbursement mechanism specifically for family planning services. P. Accept reimbursement from the Department up to the maximum amount allowed by the Department as set forth in the Plan of Operation as payment in full for services listed in the Plan of Operation rendered to individuals eligible under this contract, and to make no charge to the patient, any member of his family, or to any other source excepting insurance companies for such services. The Contractor may accept reimbursement from insurance companies, provided that any such reimbursement received from an insurance company shall be deducted from the amount to be reimbursed by the Department. The Contractor further agrees to secure agreements to ensure that all physicians and any others participating in the Contractor's family planning program make no additional charge to any source other than to the Contractor for covered services rendered to persons eligible under this contract for such services. Q. Attempt to serve an increasing number of those estimated to be eligible individuals in the area served by the agency, through such conveniences as outreach services, child care services, night and weekend clinics, etc. R. Abide by Department program guidelines as the Department develops them for purposes of clarifying, expanding, and improving family planning services. S. Determine eligibility of individuals according to policies and procedures promulgated by the Department as set forth in the Plan of Operation. Form 2034 Page 5 IV. This Article IV is: Applicable ❑ Inapplicable The Contractor further agrees: A. To provide the Department with detailed statements of charges each month developed in the format prescribed by the Department, and to promptly forward such bill to the Department along with a -statement certifying that the Contractor has provided each and every. service for which billing is rendered. B. That funds certified by the Contractor for matching purposes in accordance with the terms of this contract, will be funds which can be used to match Federal funds under the Social Security Act and appropriate Federal rules and regulations. Records will be maintained to verify the source and amount of funds certified by the Contractor for matching purposes for a period of three (3) years after submission of the certification statement, or until an audit has been concluded, whichever is greater. C. That to reimburse the Department for administrative and other operational costs incurred in procuring federal funds, the Department shall be entitled to retain from any allowable reimbursement due the Contractor an amount equal to zero percent ( %) of the total amount certified to the Department as having been expended. V. The Department agrees to: A. Pay the Contractor. 90 % (percent) of the approved monthly billings for services which have been rendered in accordance with the terms of this contract and its attached set fee schedule. B. Recognize the fiscal policies and procedures of the Contractor and its subcontractor(s), if any, except where they are in conflict with Federal and /or State law, policies, rules, and regulations. C. Perform such evaluation studies that the Department determines to be necessary and report to the appropriate officers of the Contractor and its subcontractor(s), if any, the preliminary results of the study before the evaluation is concluded and the findings made a matter of record. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated, affix v their signatures and bind themselves effective the 1 St day of September 192L, and continuing until August 31 12-H. STATE DEPARTMENT OF PUBLIC WELFARE CITY OF CORPUS CHRISTI Agency Name BY BY R. Marvin Townsend Commissioner City Manager Title Title APPROVED: ATTEST: City Attorney City Secretary Director of Finance Corpus Christi, Te s 4_day of , 19 VP 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 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, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, OR THE C1 4Y OF CO S CHRISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob-Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1499 :e: :e: