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HomeMy WebLinkAbout15028 ORD - 08/01/1979vp:7-31-79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HUMAN RESOURCES TO PROVIDE A TITLE XX GRANT FOR $60,000 FOR THE PERIOD OF SEPTEMBER 1, 1979 THROUGH AUGUST 31, 1980 TO PAY FOR A FULL RANGE OF FAMILY PLANNING SERVICES FOR INCOME ELIGIBLE PARTICIPANTS, 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 Texas Department of Human Resources to provide a Title XX Grant for $60,000 for the period of September 1, 1979 through August 31, 1980 to pay for a full range of family planning services for income eligible participants, all as more fully set forth in the contract a substan- tial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid 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 intro- duction 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 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 theay of August, 1979. ATTEST: ,�i Ci Secretary MAYI APPROVED: % DAY OF AUGUST: J. BRUCE AYCOCK, CITY ATTORNEY By , /' Assistant Ctjtot /'orney 15028 THE C OF CORPUS CHRISTI, TEXAS acv eisp.. !maul M rd Items .tows It.anvact No. 081-40—P-00 I ;ECTION I — Prime Contractor Data Leel Nam. INFORMATION SHEET PURCHASE OF SERVICE CONTRACT rrn 202.) July Neginn No. (:aunty Nu. i 08 178 CITY OF COITUS CHRISTI Commonly Used Name (f Jyfrrret/rom above) Nueces County -City of Corpus Christi Convert Ter maw ron beta p,Cnnirnct Elfecdvo Uutu _ 09-01-79 Adarer, tl'rig rfmpn+ of Ptthlir Hva1th anil welfare__ P.O. Box 9277, Corpus Christi, Texas 78408 1'er son Authorized to Sign Contract Titl. R. Marvin Townsend City Manager Erarter No. I Employer I.D. No. Contact Person P1/A 11-74-6000-574-1 W.R. Metzger, M.D., M.P.H. ECTION II — Summary of Payment 08-31-80 Teleprunu r.)o---- 512/884-3011 Type of Ownership (Check our') IPubhc _ DPrrvate k Telephone No. 512/855_4051 • EFFECTIVE PAYMENT DATES BUDGET NAME BUDGET UNIT NUMBER NUMBER _RATE ELIG. UNITS MAXIMUM REIMBURSABLE ECTION III — Funding LOCAL FUNDS Less fees from eligible clients (unit rate payment only) Total Regional Allocation for this contract 6,000.00 Matching 1 Administrative Overhead 6,000.00 Total Local Fund CONTRACT . State Funds S 6,000.00 0 Federal Funds 54,000.00 Contract Total s 60,000.00 >ECTION IV — Service and/or Subcontractor Data (complete a separate sheet (SECTION III) for each different service or for each different subcontract) Program Activity Name Family Planning Service Activity Name Social and Educational Family Planning Services; Medical Famil Plannin. Services Name of Subcontracting Agency r applicable Pnrrn 2029 Pea. 2 of 2 Address of Subcontracting Agency . Client categories to be served (check all applicable): ®Current AFDC ® Current SSI MMAO Income Eligible . Total Number of Clients to be Served• . Number of Eligible Clients to be Served: . Unit of Service• . Number of Units of Service to All Clients: . Number of Units of Service to Eligible Clients: ADDRESSIES) OF PROVIDING FACILITY(IES) 1702 Horne Road Co .• s Christi Texas 811E Also see attachment h. Code 591 r1 Code 16E, 16K Name of Contact Person ®Other Income Eligible ❑Without Regard to Income ®Ineligible Telephone No. ❑ per day ❑ per week ❑ oer-month ❑per day ❑per week El per month HOURS OF OPERATION 7. B. (Complete only if service is children's day care) NUMBER OF CHILDREN IN EACH AGE GROUP 3-5 YRS. r.�...,R 0.2 YRS. 6-14 YRS 0-5 YRS. TOTALS Mentally, Physically, or Emotionally Handl capped Geographic Area Served: Nueces Cour tv Goals (check all applicable): Jl Elii ❑III ❑IV ❑v iource of Federal Funds (check all applicable): _xx ❑IVB lasis of Payment (check one): .]Fixed Unit Rate of ,Cost Reimbursement Fee Schedule(Local Match) per 12. Fundln.: TOTAL AMOUNT OF STATE FUNDS MATCH AMOUNT OF LOCAL FUNDS TOTAL AMOUNT OF FEDERAL FUNDS GRAND TOTAL 0 6,000.00 54,000.00 s Eo9000.00 la aas Department of Human Resources STATE OF TEXAS COUNTY OF TRAVIS TITLE XX Form 2034 October 1977 FAMILY PLANNING CONTRACT NO.PS 083-140-P-00. The Texas Department of Human Resources, hereinafter referred to as the Department, and CITY OP' GOMIS CHRISTI hereinafter referred to as the Contractor, which has been certified by the Department's Tide 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. 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 § 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. 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. Form 2034 Page 2 C. The basis for payment for services rendered under this contract is indicated in the sec 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 1I, 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, audiring, 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 comtemplated 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 party 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 Rev 12-78 Ilf. The Contractor agrees to, and will require its subcontractors) 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 n ith the procedures prescribed by rhe 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 Tide XX of the Social Security Act, as amended, and of this contract. The Contractor agrees that it shall be responsible ro 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. Participate fully in any evaluation study of this program authorized by the Department. H. Comply with Department rules and regulations pertaining to hearings concerning 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. 1. Comply with the Federal Civil Rights Act of 1964, as amended, and The Rehabilitation Act of 1973 Subsection 504, 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 ro age, race, color, religion, sex, or national origin. The Contractor further agrees not to discriminate on the basis of handicap against any qualified person seeking employment or services. 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 ensure 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, fora period of five (5) years after the date of submission of the last expenditure report, or until an audit has been concluded, whichever is greater. Form 2034 Paye 4 Rev. 12-78 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 to 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 services without regard to maternity, marital status, parenthood, or age; with respect for the dignity of the individual; upon referral from any source including the patient's 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. Family Planning services must be provided to minors without the requirement of parental consent. 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 50 individuals eligible under this contract, and to make no charge to the patient, any member of his family,'or ro 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 ro policies and procedures promulgated by the . Department as set forth in the Plan of Operation. T. Designate and file with the Department the name of the contractor's current medical director. The medical director must be either a licensed physician or an osteopath. IV. This Article IV is: E. Applicable 0 Inapplicable The Contractor further agrees: Form 2034 Page 5 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 everyservice 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 certified to the Department as having been expended. V. percent ( O %) of the total amount 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 their signatures and bind themselves effective the first day of September 19 79 , and continuing until September 01 19 80 TEXAS DEPARTMENT OF HUMAN RESOURCES BY CITY OF CORPUS CHRISTI BY Agency Name Commissioner Ci ty Manager Title Title Oe,Jrmant of Hwnm Hoauurces FAMILY PLANNING CONTRACT PLAN OF OPERATION: FEE SCHEDULE (Local Match) SERVICE CODE MEDICAL VISITS Health History and Physical 01 Follow-up Office Visit 02 Follow-up Home Visit. Medical 34 - LABORATORY PROCEDURES Hematocrit 03 Hemoglobin 04 Urinalysis 05 Papanicolaou Smear 06 Miscellaneous Culture 07 Syphilis Serology 08 Bacteria Smear 09 TB Skin Test 10 Microscopic Analysis -Urine 11 Sickle Cell Screening 12 Post-prandial Blood Glucose 13 Rubella Test 14 Pregnancy Test 15 Blood Type and/or RH Factor 45 Triglycerides Fasting Level Confirmation Test 55 Cholesterol/Glucose Fasting 56 Level Confirmation Test FAMILY PLANNING SURGERY Tubal Ligation Vasectomy Contraceptive Menstrual Aspiration 16 17 48 CONTRACEPTIVE DEVICES Insertion of Intrauterine Device 20 Fitting diaphragm 21 LOCALIZATION OF IUD • One X-ray and interpretation 22 Two X-rays and interpretation 23 Sonography 24 CONTRACEPTIVE DRUGS AND SUPPLIES Creams 35 Jellies 36 Suppositories 37 FEE SERVICE F ut,ruarr 177'1 CODE FEE Foam 38 cost $ 2000 Medication•lor Vaginal/ 800 Cervical Infection 39 cosi 1000 Oral Contraceptives 40 cost Dispensing Fee. Private Pharnracist.3 or more cycles 46 52 68 Dispensing Fee. Clinic, Physician 3 or more cycles 46 S1 47 Diaphragm for Supply 41 cost Condoms 42 cost Natural Family Planning Supplies 43 cast SOCIAL SERVICES: EDUCATION/ COUNSELING Initial Patient Education 25 5600 Method Specific Education/Counseling 26 600 Follow-up Horne Visit. Social 27 7 00 Problem Counseling 28 10 00 Group Presentation/ 29 1 50 per Discussion with Low person for Income Adolescents groups of 3 00 3 00 3 00 7 00 5 00 6 00 500 7 50 4 00 3 00 5 00 8 00 8 00 4 50 13 50 14.00 240 00 160 00 70 00 2500 15 00 24 00 28 00 2800 cost cost COSI APPROVED R. Marvin Townsend, City Manager Agency Representative Dare 09-01-79 Introduction to Family Planning/ Hospital Setting 30 700 Instruction in Natural Family Planning Methods 47 16 00 5 49 575 00 for groups of 50 Or more IN-PATIENT HOSPITAL CARE Complete In-patient Hospital 00 cost Care for Female Sterilization Mar 5 days Post-operative m -patient hospital care. for contra- 53 cost ceptive rnenstrual aspiration Max 5 and vasectomy days TREATMENT OF COMPLICATIONS Reimbursement for all 44 cost up expenses actually incurred in 10 max the care and treatment $800 00 of crrmplicatu.ns from per occur• family planning surgery fence or IUD insertion APPROVED DIM Represein tali e Da;,; 09-01-79 Corpus Christi, Texas dyof� 19%% 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, MAY THE CIT CORPUS ORP US CHRISTI, TEXAS The Charter rule was suspend!; by the following vote: Luther Jones Edward L. Sample Dr. Jack Best / David Diaz Jack K. Dumphy Betty N. Turner de__ Cliff Zarsky 407 The above ordinance was passe Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15028