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HomeMy WebLinkAboutResolution - 547 - Contract - TDH - Preventaive Health Services Funding - 06/26/1980DGV:pc RESOLUTION #547 - 6/26/8.0 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with the Texas Department of Health, for funding of preventive health sevices within Lubbock City and County, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of June ,1980. i BILL MCALISTER, MAYOR --ATTEST: Evelyn'Gaf ga, dity Secretary reasurer APPROVED AS TO FORM: )onald G. Vandiver, Asst. E Attorney Arjor a K. Orr, M.D., Director ity of Lubbock Health Department • wV:bs c�h 4. ..g RESOLUTION STATE OF TEXAS § COUNTY OF LUBBOCK § On this the 23rdday of June , 1980, the Commissioners' Court of Lubbock County, Texas, convened in the Courthouse of the County of Lubbock, Texas, with the following members present,. to -wit: Rodrick L. Shaw , County Judge Edgar E. Chance , County Commissioner Precinct #1 C^_; E Miss , County Commissioner Precinct #2 J. M. Lancaster , County Commissioner Precinct #3 Alton Brazell , County Commissioner Precinct #4 among the other -proceedings, had the following order passed: WHEREAS, the Texas Department of Health has available funding for an Improved Child Health Project to be administered by the City of Lubbock, Texas, through its Health Department, and WHEREAS, there exists a need for preventive health services within the area of Lubbock County outside the boundaries of the City of Lubbock with regard to low income maternity patients, newborn infants, and pre-school children, and WHEREAS, the Commissioners' Court of Lubbock County deems it appropriate to allow the City of Lubbock through its Health Department to furnish such services to the citizens of Lubbock County residing outside the boundaries of the City of Lubbock, and WHEREAS, the services to be provided by the City of Lubbock to residents of Lubbock County residing outside the boundaries of the City of Lubbock may expose the City of Lubbock to claims for damages for which the City of Lubbock will have no governmental immunity, the Commissioners' Court of Lubbock County deems it appropriate to hold the City harmless from any and all such claims arising from the performance of these services for Lubbock County residents not residing within the boundaries of the City of Lubbock, NOW THEREFORE, Be It Ordered, Adjudged, and Decreed by the Commissioners' Court of Lubbock County, Texas, that the City of Lubbock be granted permission to serve residents of Lubbock County residing outside the boundaries of the City of Lubbock with an Improved Child Health Project and that the City of Lubbock be held harmless from any and all claims for damages arising out of the performance of such duties in portions of Lubbock County not within the municipal boundaries of the City of Lubbock, Texas. The services will be preventive as well as ambulatory and will not infringe the Lubbock County Hospital District's area of responsibility nor obligate the my of Lubbock for financial participation. 4 This Resolution shall be in full force and effect from and after its passage, recording, and publication as provided by law. The above Resolution being read, it was moved and seconded that the same pass. Thereupon, the question being called for, the following members of the Court voted AYE: Edgar E. Chance Alton Brazell _-=-Coy E. Biggs I-6nd the following voted N0: J. M. Lancaster RQDRICK L. SHAW, COUNTY. JUDGE County Commissioner Precinct #1 County mmis ion recinct #2 ounty Commissioner Precinct #3 County Commissione Pre inc t #4 ATTEST: St�6'�k County Clerk RESOLUTION #547 - 6/26/80 CONTRACT The Texas Department of Health, hereinafter called the "Receiving Party," acting by and through its Deputy Commissioner of the Department of Health, and the City of Lubbock, a municipal corporation situated in Lubbock County, Texas, hereinafter called the "Performing Party" acting by and through its Department of Health, have jointly considered and determined that a contract should be entered into under the provisions of which the Performing Party will provide preventive health services within Lubbock City and County to low inane mater- nity patients, newborn infants, and pre-school children, including, but not re- stricted to, W.I.C. recipients. NOW, THEREFORE, to -wit: The Receiving Party and the Performing Party hereby agree as follows, I. For and in consideration of the payments and cormittments to be made and performed by the Receiving Party, Performing Party agrees and promises to: A. Provide preventive health services to include but not limited to: 1. Assessments by physician, nurse, social worker to be provided through Texas Department of Human Resources,and nutritionist (WIC). 2. Referral as needed. These services shall be provided to the following groups of medically indigent patients: maternity newborn pre-school children in Lubbock City and County through cooperation with but not limited to the following institutions: Texas Tech University School of Medicine Lubbock County Hospital District Lubbock United Way Well Baby Clinic , Texas Department of Human Resources These services will be out-patient in nature, and will be carried out in accordance with the rules, regulations, policies and guidelines as promul- gated by the Federal and State contracting agency and in accordance with the Improved Child Health Project Guidelines. B. Abide by the following policy on "Grant Related Income"_.and "Third Party Reimbursements": 1. Charges to any other funding sources must be handled by one of the following methods: a. Except as otherwise provided herein, no item which has been charged to any other funding source may be charged to the Receiving Party under this contract. b. Receipts from any item which has also been charged to the Re- ceiving Party under this contract must be considered as grant - related -income. M (1) Grant -related income must be accounted for in the budget period in which it is earned, and such income must be reported to the Receiving Party semi-annually or at presentation of each state voucher for payment. (2) Unspent grant -related income at the close of a budget period may be carried into the next budget period with approval of the Receiving Party. (3) All grant -related income carried from prior budget periods must be expended before current year contract funds are expended. 2. If there is more than a single funding source, all grant -related income crust be apportioned among funding sources and reported to the Receiving Party semi-annually. 3. Any income derived through the use of paid positions of the Re- ceiving Party must be forwarded to the Receiving Party. II. For and in consideration of services furnished by the Performing Party and described and set out in Section I of this agreement, the Receiving Party agrees to pay the City of Lubbock in accordance with the attached itemized budget which is included in this contract for all purposes. Payments under the terms -of the contract and agreement shall be made on a monthly basis. Each monthly billing shall be accompanied by one copy of a listing of each individual item charged for. For and in consideration of the mutual benefits accruing to both parties to this contract, it is further agreed and understood by both parties that: A. Receiving Party shall have the right through its Deputy Commissioner of the Department of Health or his representative to inspect, examine, investigate, and evaluate the services and facilities provided by the Performing Party under this contract at any time and if in the opinion of the Deputy Commissioner of Health or representative, the services provided do not meet the highest standards acceptable in medical practice, then in such event Receiving Party may terminate this contract upon written notice given 30 days in advance. B. The amounts agreed to be paid under this contract for the services to be rendered by the Performing Party as stipulated in Paragraph II shall be subject to review, reconsideration, and renegotiation if it appears to either party that said amounts should be increased or decreased in order to remove any serious inequities that might exist. It is understood that all books and records pertaining to this con- tract are subject to audit by State auditors and representative of the Department. C. It is agreed and understood that in the event State or Federal laws should be amended or judicially interpreted so as to render fulfill- ment of this contract and agreement on the part of either the Per- forming Party or the Receiving Party unfeasible or impossible, then in the event both the Performing Party and the Receiving Party shall be discharged from further obligation claimed under the terms of the contract and agreement except for equitable settlement of the respective accrued interest up to the date of the termination. It is further agreed and understood that if the total amount of funds pro- vided by the Department of Health and Human Services are inadequate to fulfill the obligations incurred by reason of this contract and agreement, then this contract and agreement shall be void as to both parties. D. It is agreed and understood that the total amount of money to be spent by the Receiving Party under the terms of this contract and agreement shall not exceed One Hundred Thousand and One Hundred Seventy Six Dollars ($100,176). E. It is agreed and understood there will be no charges for purchase of equipment. F. Within sixty (60) days the Receiving Party will require a progress report of the activities required under this contract. This contract shall commence on the 1st of July, 1980, and shall con- tinue in force until the 30th of September, 1980. EXECUTED this 26th day of June , 1980. CITY OF LUBBOCK . TEXAS DEPARTMENT OF HEALTH Bill McAlister A. M. Donnell, Jr., M.D. Mayor Deputy Commissioner John Ross so Attorney v V. NV4.), Jr.1.04y At{Prney Approved: Marjori K. Orr, M.D., Director Legal and Claims Services • City of LuUxx*, 'Health Department Texas Department of Health *1TTES T -,EVELYN GAFFGA City Secretary -Treasurer Budget - ICHP Lubbock City Health Department July 1 Through September 30, 1980 3 m n PHN III $ 4,155 /(olov20 PHN II, 2 @$3,692 $ 7,384 �yi�36 PHN I $ 3,239 CLERK $ 2,163 CSA I $ 1,763 7o -3� Sub Total $ 18,704 7�� FRINGE @ 18.5% $ 3,445 / 3 71 TELEPHONE $ 877 3 �o SUPPLIES $ 235 /4yd POSTAGE $ 83 33 TRAVEL $ 937 l'7 Al/ CLINICIAN FEES. $ 763 /T D $ 25,044 1001 176 CITY OF LUBBOCK All McAl ster Mayor John Ross Approved as to farms City Attorney r C- � n C. Ross, ohJr., City Attorney Marjo ie K. Orr, M.D., Director City of Lubbock Health Department ATT ST: ., i Evelyn Gaff ga City Secretary -Treasurer TEXAS DEPARTMENT OF HEALTH A. M. Donnell, J , M.D. Deputy Commissioner Approved: - 4t i mc� Legal and Claims Services Texas Department of Health