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169621 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 ORDINANCE NO. 16,962 AN ORDINANCE TO AUTHORIZE A SOLE SOURCE CONTRACT WITH ST. VINCENT INFIRMARY MEDICAL CENTER TO PROVIDE MEDICAL SERVICES AT THE NATHANIEL W. HILL COMMUNITY COMPLEX. 333 WHEREAS, St. Vincent Infirmary Medical Center has staffed the East End Medical Clinic located at the Nathaniel W. Hill - Community Complex for many years; and WHEREAS, St. Vincent's has contributed funding to run the clinic; and WHEREAS, it would be unfeasible to competitively bid a contract for services to provide medical care at the Clinic; and WHEREAS, the City desires to continue the relationship with St. Vincent's to run the Medical Clinic. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK: SECTION 1: The Board of Directors finds that it would be impracticable and unfeasible to competitively bid the contract for medical services at the East End Clinic and hereby authorizes the City Manager to enter into a sole source contract with St. Vincent's Infirmary Medical Center to provide such services. ADOPTED: September 19, 1995 ATTEST: APPROVED AS TO FORM: ' O Ti• V �� CITY- Nk C D APPROVED: N4 E r f 717. ' 0 0 CONTRACT AGREEMENT BETWEEN CITY OF LITTLE ROCK AND ST. VINCENT INFIRMARY MEDICAL CENTER This agreement is made between the City of Little Rock, Arkansas, hereinafter called "City," and St. Vincent Infirmary Medical Center, an Arkansas charitable corporation, hereinafter called "Hospital. " Under the terms of an agreement between the City and the United States of America, the City has received a grant for federal funds to operate a Community Development Block Grant (CDBG) program. As an aid to attaining its objectives under the program, the City wishes to contract with the Hospital to furnish certain professional services. The City acknowledges that prior to the execution of this or any other agreement between the parties, the Hospital has devoted an incalculable number of hours in giving advice and assistance to the City without compensation. The City also acknowledges that although certain sums will be paid the Hospital under the terms of this agreement, the Hospital will receive no profit thereby and, in fact, will incur substantial nonreimbursable costs. The parties now agree as follows: TERMS This contract shall commence July 1, 1995, and continues through June 30, 1996. 2. PLACE OF PERFORMANCE 3. The Hospital's duties shall be performed primarily at the Nathaniel W. Hill Community Complex owned by the City. The premises shall be furnished by the City without charge. The objectives of the City with reference to this agreement are set forth in the attached Exhibit A, which is made a part of this contract. 4. SCOPE OF SERVICES The Hospital shall assume responsibility for attaining the objectives as set out in Exhibit A. Primary emphasis shall be on the health features of the objectives. Except as hereinafter limited, the Hospital shall have the exclusive management of the St. Vincent Health Clinic East and its discretion in that respect shall not be subject to control by the City. 334 • COMPENSATION 335 The Hospital agrees to submit an invoice for payment no later than the twentieth (20th) of each month. The requisition for payment submitted by the Hospital shall represent the actual cash needs for costs incurred during the preceding month. The City will pay the requisition no later than ten (10) working days after receipt of the Hospital's invoice. Compensation by the City shall not exceed $437,021 ($200,946 CDBG and $138,000 patient fees). 6. RECEIPT OF OTHER FUNDS If the Hospital receives donations which are designated for the performance of this contract for patient care, said receipt shall be expended by the Hospital for the contract objective. 7. PAYMENT OF HOSPITAL SERVICES The Hospital will expend its own funds, up to but not to exceed $115,000 in the performance of the clinic objectives. If the Hospital makes an expenditure of its own funds in excess of $115,000, it shall be entitled to reimburse itself for budget items from any funds available to it under the provisions of this contract. The Hospital may elect to furnish free services in the performance of the objective, but shall not be obligated to do so; if the Hospital elects to have some of the objectives performed by its own personnel and equipment employed at St. Vincent Infirmary Medical Center, the Hospital shall have the option of reimbursing itself for budget items. The reimbursement shall be the reasonable cost of such services and shall be made from any funds available to the Hospital under the provisions of this contract. 8. OWNERSHIP OF PROPERTY All equipment, supplies, or other property purchased by the Hospital with funds it receives under this contract shall be the property of the Hospital, but upon termination of this agreement, title shall vest in the City. The Hospital shall comply with the (OMB) Circular A -87 Attachment "0" regarding property management standards. 9. FINANCIAL ACCOUNTING By the twentieth (20th) of each month, the Hospital shall furnish the City with a reasonable detailed written summary of the disbursements for the preceding month. The Hospital's financial records shall be in compliance with Circular A -102 Subpart 7, "The Common Rule ", and the City shall have the right to examine all such records during business hours at reasonable intervals. 10. OTHERS RECORDS It is contemplated that the Hospital will maintain various other records related to its performance of this contract. Those records shall also be available to the City for examination during business hours at reasonable intervals. However, by law, such information on patients, r . �■ IT3 6M 0 0 including their medical complaints, symptoms, diagnosis, and treatment, is privileged and may not be divulged. Therefore, anything to the contrary herein notwithstanding, medical records shall remain the property of St. Vincent Infirmary Medical Center and the Hospital shall not be required to make any privileged information available to unauthorized parties. 11. CANCELLATION Either parry may cancel this contract, with or without cause, upon thirty days' written notice. If cancellation occurs under this section, the City shall nevertheless pay the Hospital any contract funds then due, but unpaid. 12. THE COLLECTIONS All funds collected by the Hospital for services rendered at the clinic will be deposited into a checking account as designated by the City of Little Rock. These funds shall be used and become a part of the budget for this program year, 1995 -96. 13. MODIFICATION OF CONTRACT No verbal modification of this agreement shall be binding on either party; all modifications must be in writing signed by both parties. 14. SECTION 3 COMPLIANCE The Hospital agrees to comply with Section 3, a summary of the requirements of which are attached and made a part of this agreement. (Exhibit B) 15. DATE OF EXECUTION This contract shall be deemed to have been dated July 1, 1995, although the signatures of the parties may be affixed on a date subsequent thereto. CITY OF LITTLE ROCK Charles Nickerson City Manager Wendell Jones Director of General Services ST. VINCENT INFIRMARY MEDICAL CENTER Thomas Feung President & Chief ecutive Officer . 337 14 r: ,611 ST. VINCENT HEALTH CLINIC EAST 2500 EAST 6TH STREET LITTLE ROCK, ARKANSAS 72202 OBJECTIVES 1995 - 1996 The mission of St. Vincent Health Clinic East is to provide a broad range of health services with special concern for the poor, the elderly and the disadvantaged. For the year 1995 -1996 our objectives are: 1. To serve 5,000 medical patients by June 30, 1996. 2. To serve 3,000 dental patients by June 30, 1996. 3. To provide individual counseling and group instructions in the management of disease and preventive medicine. 4. To expand the Guardian Angel project. 0 v SECTION 3 338 Exhibit B The work to be performed under this contract is on a project assisted under a program providing direct Federal Financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be give lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 13 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will subcontract with any subcontractor where it has notice or knowledge to the latter has been found in violation of regulations CFR Part 13 5 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 135, and all applicable -rules and orders of the Department issued thereunder prior to the execution of the contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance its successors, and assigns. Failure to fulfill these requirements subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.