HomeMy WebLinkAboutResolution - 2021-R0482 - Amendment No. 3 HHS000077800035 with Tx Dept of State Health Services 12.14.21Resolution No. 2021-R0482
Item No. 6.1.1
December 14, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the acts of the Mayor of the City of Lubbock in executing, on behalf of the City of
Lubbock, Amendment No. 3 to the Department of State Health Services (DSHS) Contract No.
HHS000077800035, under the HIV Prevention Services Grant, by and between the City of
Lubbock and the State of Texas acting by and through DSHS, and related documents are hereby
ratified in full. Said Amendment is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
QIA"X-43' 7�
Reb cca Garza, City Jec eta
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ry n B oke, Assistant City Attorney
December 14, 2021
STEVE WNCATLTE-,XWOR PRO TEM
RES.DSHS Contract No. HI IS000077800035 Amendment No.3 Ratification
11.8.21
DocuSign Envelope ID: 157A9730-C1A6-431E-885F-EA314AE8B2DE
Resolution No. 2021-RO482
DEPARTMENT OF STATE HEALTH SERVICES
CONTRACT NO. HHS000077800035
AMENDMENT NO.3
The Department of State Health Services ("DSHS" or "System Agency") and City of Lubbock
("Grantee"), each a "Party" and collectively the "Parties" to DSHS Contract
No. HHS000077800035, effective January 1, 2020 (the "Contract"), now want to amend the
Contract further.
Whereas, the Parties have chosen to exercise their option to amend their agreement in
accordance with Section 9.1 of Attachment C to the Contract;
Whereas, DSHS wants to increase the Contract amount for fiscal year ("FY") 2022 to
support services delivered during that period;
Whereas, DSHS wants to revise Attachment A-1, Statement of Work (Revised); and
Whereas, DSHS wants to revise Attachment B-2, Budget.
Now, therefore, the Parties agree as follows:
1. Article IV of the Contract, titled "Budget," is hereby amended to increase the total
Contract amount to a sum not to exceed $550,731.00. The total amount payable from
September 1, 2021, through August 31, 2022, is not to exceed $224,439.00.
2. Attachment A-1 — Statement of Work (Revised) is hereby deleted in its entirety and
replaced with Attachment A-2 — Statement of Work FY 2022 (Revised).
3. Attachment B-2, Budget (2021/2022) is hereby deleted in its entirety and replaced with
Attachment B-3 — Budget FY 2022 (Revised).
4. This Amendment shall be effective on the date of the last signature below.
5. Except as modified by this Amendment, all terms and conditions of the Contract shall
remain in effect.
6. Any further revisions to the Contract shall be by written agreement of the Parties.
Signature Page to follow.
DSHS Contract No. HHS000077800035 Page 1 of 13
Amendment No. 3
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SIGNATURE PAGE FOR AMENDMENT No. 3
DSHS CONTRACT No. HHS000077800035
DEPARTMENT OF STATE HEALTH SERVICES
By: DocuSigned by:
1V187AFD32AQ9D24A9
LU& Gar6a.
...
Signature of Authorized Representative
Imelda Garcia
Printed Name
Associate Commissioner
Title
November 8, 2021
Date of Signature
CITY OF LUBBOCK
By: DocuSigned by:
Ewavifh pbpt" "6r
3F037B63155540F...
Signature of Authorized Representative
Authority Daniel Pope, Mayor
Printed Name
Mayor
Title
November 8, 2021
Date of Signature
THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AMENDMENT, AND THEIR TERMS ARE
HEREBY INCORPORATED INTO THE CONTRACT BY REFERENCE:
ATTACHMENT A-2.................Statement of Work FY 2022 (Revised)
ATTACHMENT B-3 .................Budget FY 2022 (Revised)
----0----
ATTACHMENTS FOLLOW
DSHS Contract No. HHS000077800035
Amendment No. 3
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ATTACHMENT A-2
STATEMENT OF WORK FY 2022 (Revised)
I. GENERAL REQUIREMENTS FOR ALL GRANTEES
A. All activities conducted under this Contract shall support the goals and objectives of
the National HIV/STD Strategy and the Texas HIV Plan. The goals of the Texas HIV
Plan are to:
1. Increase Human Immunodeficiency Virus (HIV) awareness among members of
the general public, community leaders, and policymakers;
2. Increase access to HIV prevention efforts for communities and groups at highest
risk;
3. Successfully diagnose all HIV infections;
4. Increase timely linkage to HIV -related treatment for those newly diagnosed with
HIV;
5. Increase continuous participation in systems of treatment among people living
with HIV; and
6. Increase viral suppression among people living with HIV.
B. Grantees shall do as follows for ALL activities funded under this award:
1. Conduct HIV -prevention activities in accordance with the Department of State
Health Services (DSHS) RFA #HHS0000778 to ensure that HIV -prevention
services are provided to all eligible persons according to the specific
requirements detailed per funding opportunity;
2. Comply with the terms of the approved Work Plan for this Contract;
3. Comply with all applicable state and federal policies, standards and guidelines,
including, but not limited to:
a. DSHS HIV and STD Program Operating Procedures and Standards (POPS),
including any revision, located at https:Hdshs.texas.gov,hivstd/pops/;
b. DSHS TB/HIV/STD Confidential Information Security policy, TB/HIV/STD
Breach of Confidentiality Response Policy, and Breach Report Form/Breach
Report Instruction at https: /www.dshs.texas.govihivstd/policy'securit, .sue;
c. DSHS Policy Guidelines for Home Self -Collection and Testing Kits
including any revisions, located at https:/iwww.dshs.texas.gov/hivstd/; and
d. Any letters or memos with additional directions and policies issued by
DSHS;
The four above -named documents are incorporated into this Contract by
reference. Grantee must receive advance written approval from DSHS before
varying from any of these requirements and must update its implementation
documentation within 48 hours of making any approved changes.
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4. Comply with all applicable federal and state regulations and statues, including
but not limited to:
a. Chapters 81 and 85 of the Texas Health and Safety Code;
b. Chapter 93 of the Texas Health and Safety Code (relating to Education and
Prevention Programs for Hepatitis C);
c. Title 25 of the Texas Administrative Code (TAC) Chapters 97 and 98,
Subchapter B;
d. Texas Health and Safety Code, §85.085, Physician Supervision of Medical
Care, to ensure a licensed physician supervises any medical care or procedure
(including HIV testing) provided as part of activities conducted under this
Contract; and
e. In accordance with Government Code Section 531.02161 as an update to
provision of services, where there is delivery of an in -person service, there
must also be an option of that service via telecommunications or through the
use information technology;
5. Ensure that activities begin no later than 90 days after the effective date of the
Contract;
6. Submit data on program activities and client contacts using timelines, systems
and formats specified by DSHS;
7. Use collected data, together with input from clients and stakeholders, to improve
services and assure they meet intended outcomes and emerging needs of the
priority population(s);
8. Submit to DSHS written interim and annual reports, which summarize the
activities and services delivered as well as discuss the barriers to and facilitators
of the effective delivery of services (See Section IV: Program Data Reporting,
Security and Confidentiality Requirements);
9. Participate in local HIV planning and evaluation activities, as well as local
efforts to coordinate HIV prevention and treatment services;
10. Maintain formal agreements that include active collaboration and coordination
with local providers of services that are relevant to the needs of the client;
11. Ensure that staff and volunteers (if applicable) are appropriately and adequately
trained to provide relevant services;
12. Cooperate with any DSHS-funded activities to raise awareness of HIV, promote
prevention services, or encourage testing and use of pre -exposure prophylaxis
(PrEP) and non -occupational post -exposure prophylaxia (nPEP);
13. Participate in Data to Care activities as requested by local health departments and
DSHS;
14. Deliver all services in a culturally responsive and sensitive manner, taking low
health literacy into account, using the National Standards for Culturally and
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Linguistically Appropriate Services (CLAS) in Health and Health Care. Grantee
must implement strategies to ensure that the program is culturally, linguistically
and educationally appropriate to meet the needs of the priority population(s), and
ensure that program staff have strong socio-cultural identification with the
priority population(s);
15. Make free condoms readily available to clients;
16. Submit literature/materials to be used in prevention activities funded by DSHS
for review and approval by a locally constituted review panel that meets DSHS
requirements found at https://www.dshs.texas.gov/hivstd/info/pmrp.shtm;
17. Perform other activities as may be reasonably requested by DSHS to meet the
goals of the Texas HIV Plan, located at Texas DSHS HIV/STD Program - HIV
and STD Planning; and
18. Ensure that content in publications partially or fully funded by this award are
verified and approved by DSHS and that DSHS is acknowledged.
C. DSHS reserves the right, where allowed by legal authority, to redirect funds in the
event of financial shortfall. DSHS Program will monitor Grantee's expenditures on a
quarterly basis. If expenditures are below that projected in Grantee's total Contract
amount as approved for this Contract, Grantee's budget may be subject to a decrease
for the remainder of the Contract term. Vacant positions existing after ninety (90)
days may result in a decrease in funds.
II. FUNDING OPPORTUNITY -SPECIFIC REQUIREMENTS
A. CORE HIV PREVENTION
Grantee shall:
1. Implement the following four components of a core HIV prevention program:
a. Engagement of groups and communities to be served;
b. Condom distribution;
c. Focused HIV and syphilis testing and tailored health education; and
d. Linkage/enrollment in medical care for clients who are living with HIV, and
referral to PrEP and nPEP and other needed services for clients with a
negative HIV test result who are at a higher risk for acquiring HIV;
2. Provide outreach and education to the priority population(s) identified in the
approved Work Plan;
3. Engage in active recruitment and outreach strategies that include traditional
outreach, social network activities, and the use of social media platforms;
4. Maintain a Community Advisory Board to assist with programmatic decision -
making;
5. Maintain a condom distribution program with the essential elements described in
the DSHS POPS(https://www.dshs.texas.gov/hivstd/pops/);
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6. Establish and maintain focused HIV testing programs that expand the availability
of HIV testing to the priority population(s). Grantee must use a combination of
strategies to encourage testing, such as offering testing in a variety of settings,
providing testing to couples, using tangible reinforcements, or using text
messages or other electronic communication to provide testing reminders;
7. Ensure that syphilis testing is provided to all individuals testing for HIV unless
the client refuses. Grantee shall consider collecting specimens for:
a. Other Sexually Transmitted Infections (STI) (including specimens for
extragenital screening for chlamydia and gonorrhea); and/or
b. Hepatitis C antibody testing for vulnerable population(s);
8. Maintain an active Clinical Laboratory Improvement Amendment (CLIA)
Certificate of Waiver if performing rapid testing;
9. Ensure that HIV testing programs include all required components of a testing
session as described in the appropriate DSHS POPS (see Section I: General
Requirements for All Grantees);
10. Implement testing processes that follow the requirements in DSHS Policy
2013.02 (https://www.dshs.texas.gov/hivstd/policy/policies/2013-02.shtm);
11. If at-home HIV testing is offered, create and maintain policies and procedures to
support implementation. (See Section I: General Requirements for All
Grantees). Policies and procedures must be approved by DSHS prior to
implementation;
12. Ensure that all pregnant women who do not report being in prenatal care are
actively referred to prenatal care;
13. Ensure that clients receive their HIV test results in a timely and appropriate
manner;
14. Ensure that clients with negative HIV test results receive information on PrEP
and nPEP. If the client is eligible for PrEP or nPEP service, provide an active
referral to these services;
15. Ensure that referrals are made to any needed health and social services as
appropriate;
16. Ensure that all individuals receiving a positive HIV test result is offered the
opportunity for a face-to-face encounter in accordance with Texas Health and
Safety Code §81.109;
17. Facilitate initial linkage to care within 30 days for newly diagnosed clients and
facilitate engagement in care within 30 days for previously diagnosed clients
who are not currently in care for their HIV infections. Grantee is responsible for
confirming clients are linked to care; and
18. Address barriers to successful linkage to HIV medical care and coordinate with
area providers that offer services to facilitate access to HIV -related care.
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III. TANGIBLE REINFORCEMENTS
A. Receive approval for tangible reinforcements in advance in writing by DSHS
Program. Funds may be used to purchase tangible reinforcements (bus tokens, movie
gift cards, food gift cards, t-shirts, grocery store gift cards, etc.) to encourage at -risk
clients to participate in prevention programs; and
B. Maintain a policy regarding the use of tangible reinforcements and a log for tracking
the purchase and distribution of tangible reinforcements (including security measures
that are in place). The policy and log are subject to review by DSHS Program during
program reviews and at any other time. The policy must limit the use of tangible
reinforcements to the following types of situations: for participation in rapid
assessment activities; for recruitment of clients into prevention with persons living
with HIV (PLWH), testing and linkage programs and evidence -based interventions
(EBIs); for retention of clients in EBIs and prevention with PLWH; for clients upon
completion of all sessions of an EBI; for recruitment and retention of peer volunteers;
for clients who return for HIV testing; for participation in community assessments or
focus groups; and to encourage clients to return for test results. Funds may not be
used to make cash payments or cash -equivalent payments to intended recipients of
services except as noted above.
IV. PROGRAM DATA REPORTING, SECURITY AND CONFIDENTIALITY
REQUIREMENTS
A. DSHS may make alterations to reporting systems and requirements or require the use
of new reporting systems or collection methods, at its sole discretion. In the event of
such a change, Grantee will be notified at least 30 days in advance of the changed
requirements, except in cases where the system in use suffers technical failure.
Information submitted through the DSHS systems will be considered the performance
data of record in evaluating attainment of goals and programmatic performance.
B. Data may be included in Grantee reports to parties other than DSHS, provided that
DSHS is acknowledged and the information is aggregated in such a way that no
individual client may be identified. Data may not be used for research purposes by
Grantee or any other party without prior approval of the DSHS Institutional Review
Board and pre -approval by DSHS Program. Grantee may not share electronic data
sets with other parties without advance written permission of DSHS.
C. Grantee must comply with all the following:
1. Follow requirements for prevention data collection, submission and quality
assurance found in the DSHS data workplan located on the DSHS data resource
website page at https:/Iwww.dshs.texas.gov/hivstd/prevdata/;
2. Comply with the following DSHS policies and procedures:
a. TB/HIV/STD Sectional Confidential Information Security Procedures
https:/:'www.dshs.texas.g_ov/hivstd/policy/procedures/2016-Ol.shtm ;
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b. TB/HIV/STD Section Overall Responsible Party for TB/HIV/STD
Surveillance Data https://www.dshs.texas.gov/hivstd/policy/policies/2012-
01.shtm ;
c. TB/HIV/STD Section Confidential Information Security — See
https://www.dshs.texas.gov/hivstd/policy/policies/2011-01.shtm ;
d. TB/HIV/STD Section Breach of Confidentiality Response — See
https:/'www.dshs.texas.gov/hivstd/policypolicies/2011-04.shtm ;
e. Release of TB/HIV/AIDS and STD Data — See
https:/www.dshs.texas.gov/hivstd..,policy/policies/302-OOI.shtm ;
3. Grantee must create policies and procedure to comply with the following:
a. Local Responsible Party Handbook - See
https://www.dshs.texas.gov/hivstd/policy/policies/LRPHandbook.pdf ;
b. DSHS TB/HIV/STD Bi-Annual LRP Security Assessment
4. Submit data on program activities and client contacts using systems, formats and
submission deadlines specified by DSHS. DSHS may change the program
reporting requirements or formats during the project period based on program
evaluation or reporting needs;
5. Ensure that all data submitted to DSHS are complete and accurate. Grantee must
conduct data quality assurance prior to monthly and quarterly submissions
following the DSHS workplan quality assurance procedures. Data quality
assurance activities must be documented and made available for review by
DSHS staff upon request;
6. Implement policies and procedures for use of data in a secure manner that protect
client privacy and prevent unauthorized access to, and use of, program data;
7. Implement policies and procedures (consistent with the requirements and
constraints listed herein) for publication and redistribution of data if program
data are shared with other parties or providers;
8. Maintain retention and disposal policies and procedures consistent with state and
federal retention requirements and the requirements of this Contract, and assure
that program data cannot be inappropriately accessed;
9. Agree to publish, implement, and make available policies on data security and
client privacy, and train staff regularly regarding those requirements. Grantee
must maintain records documenting such training;
10. Require that each individual member of Grantee's staff, and volunteers, sign an
agreement pledging to abide by Grantee's policies and procedures pertaining to
data security and client privacy. Grantee shall maintain these written agreements
and make them available upon request to DSHS in a timely manner;
11. Develop a personnel sanction policy to hold Grantee staff and volunteers and
subgrantee staff responsible for any violations of these policies. If Grantee uses
subgrantees, Grantee accepts full responsibility and accountability for each
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subgrantee's performance under this Contract including all provisions related to
confidentiality;
12. Immediately report breaches of confidentiality involving the program data
reporting systems to DSHS, and fully assist DSHS in any investigation resulting
from such breach;
13. Comply with all requests by DSHS to inspect, or require copies of, any of the
documentation referenced herein at any time, and comply with such requests in a
timely manner. All documentation under this Contract will be readily available
for inspection by DSHS staff during site visits;
14. Use data collected through the above mechanisms for program planning,
evaluation, quality assurance, and monitoring, consistent with confidentiality
restrictions in state and federal law. Grantee shall use evaluation, quality
assurance and monitoring of data to make appropriate adjustments to program
activities so that the Grantee performs quality services and meets performance
standards; and
15. A minimum of 10% of the total Contract amount must be dedicated to planning,
reporting, and evaluation of the proposed activities. This includes expenditures
for needs assessment and consultation with community members to design or
revise program design and implementation; collection and reporting of required
program data; evaluation of progress towards program goals; and assessment of
client satisfaction.
V. PROGRAM MONITORING AND PROGESS REPORTS
Grantee shall:
A. Cooperate with the direct monitoring by DSHS. Monitoring will be conducted via
site or virtual visits and may be announced or unannounced. This monitoring may
consist of the review of records and reports, interviews of staff, required forms,
educational materials and other materials pertaining to this project, including testing
documents (if applicable);
B. Submit required Interim and Annual Progress Reports in a format approved by
DSHS, and by deadlines given by DSHS, that include a cumulative data summary of
its compliance with the performance measures for the appropriate activities detailed
on Form G: Performance Measures and a detailed response to all items listed in the
report;
C. Provide the above -referenced reports to hivstdreport.tecWWshs.texas. Rom with a copy
to the designated DSHS HIV/STD Program Consultant and the Public Health
Regional HIV/STD Program Manager/Coordinator per request by DSHS;
D. Provide to the DSHS Program Consultant and appropriate Contract Management
Section staff the names of the contact person(s) responsible for programmatic
concerns, all communications regarding this program, and fiscal issues, and the
names of the contact person(s) for each of the subgrantees/vendors (if applicable);
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E. Maintain expertise in any subcontracted project content, protocols and methods, and
provide technical assistance to subcontractor staff as needed;
F. The Grantee and any relevant subcontractor(s) or volunteer(s) shall cooperate with
DSHS policies for addressing all concerns or problems identified during the award
period; and
G. If Grantee performance is deficient, DSHS will notify the Grantee in writing. The
Program Consultant will identify the corrective action that Grantee must perform to
address the deficiency. The Program Consultant will deliver, or coordinate the
delivery of, additional technical assistance to support Grantee in taking the corrective
action. If the corrective action is successful in resolving the problem, DSHS will
notify Grantee in writing that resolution has been achieved. If the corrective action is
unsuccessful in resolving the problem, DSHS has all the following options:
1. Revise deliverables (e.g., requiring Grantee to report with increased frequency);
2. Require the Grantee to provide a revised staffing plan that demonstrably supports
the realization of program requirements;
3. Progressively reduce the total award in response to repeated failures to comply
with requirements;
4. Suspend payment on the Contract pending correction of the deficiency by the
Grantee; or
5. Terminate the award.
VI. QUALITY ASSURANCE ACTIVITIES
A. If Grantee enters into any contract(s) with subcontractor(s), it is entirely responsible
to DSHS for the performance of the subcontractor(s). If subcontractors are used,
Grantee is expected to adequately monitor the implementation of interventions and
other funded activities under this Contract, the efficient and effective use of resources
by the subcontractor(s), and the capacity and performance of subcontractor staff
implementing interventions and other funded activities under this Contract, and
ensure that subcontractors are properly collecting and reporting data. DSHS staff may
also monitor the subcontractor's activities and conduct periodic site visits, with
notification to the Grantee.
B. Grantee shall:
1. Ensure that performance of activities under this Contract is of high quality and
consistent with all the requirements of this Contract, in order to meet DSHS high
performance expectations;
2. Solicit feedback (e.g., client surveys) from clients being served under this
Contract and create a summary of the client feedback for each intervention at
least once during the term of this Contract. This summary must be available for
review during DSHS site or virtual visits;
3. Designate and train staff to be responsible for quality assurance activities,
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including ensuring accurate and consistent data collection and reporting;
4. Follow the appropriate DSHS POPS by funding opportunity (as per
Section I: General Requirements for All Grantees) for quality assurance
requirements; and
5. Maintain written monitoring and evaluation records of all staff involved in
Contract activities, including those of subcontractors. DSHS may specify
evaluation and monitoring tools to be used. Information related to quality
assurance activities, along with any other documentation associated with
activities under this Contract, is subject to review by DSHS Program during
program reviews and at any other time.
VII. TRAINING REQUIREMENTS
Grantee shall:
A. Authorize and require staff (including volunteers) to attend training, conferences, and
meetings as directed by DSHS;
B. Appropriately budget funds in order to meet training requirements in a timely
manner, and ensure staff and volunteers are trained as specified in the training
requirements listed at https:, www.dshs.texas.gov/hivstd/training/ and as otherwise
specified by DSHS. Grantee shall document that these training requirements are met;
and
C. Follow the appropriate DSHS POPS by funding opportunity (as per Section I:
General Requirements for All Grantees) for training and observation requirements.
VIII. PERFORMANCE MEASURES
A. Performance Measures as outlined in the Form G: Performance Measures Table will
be used, in part, to assess the Grantee's and their subcontractors' effectiveness in
providing the services described in this Contract, without waiving the enforceability
of any of the other terms of the Contract. The Performance Measures outlined in
Form G and approved by DSHS are hereby incorporated by reference and made a part
of this Contract.
B. Grantee's performance, including but not limited to compliance with program
policies and procedures referenced herein, attainment of performance measures,
maintenance of adequate staff, and submission of required data and narrative reports
will be regularly assessed. Failure to comply with stated requirements and contractual
conditions will constitute a breach of contract.
IX. INVOICE AND PAYMENT
Grantee shall:
A. Request payments monthly using the State of Texas Purchase Voucher (Form B-13)
at http:/.�www.dshs.texas.gov/grants'forms.shtm, the Voucher Support Form and
acceptable supporting documentation for reimbursement of the required
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services./deliverables. Grantee is required to identify expenditures by budget category
and funding code. Voucher and any supporting documentation will be mailed or
submitted by fax or electronic mail to the address/number below:
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
FAX: (512) 458-7442
EMAIL: invoices cDdshs.texas.gov and crosinvoices a,dshs.texas.gov; and
B. Be paid on a cost reimbursement basis and in accordance with the budget of this
Contract.
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ATTACHMENT B-3
BUDGET FY 2022 (Revised)
CATEGORY
AMOUNT
PERSONNEL
$116,254.00
FRINGE BENEFITS
$59,034.00
TRAVEL
$2,300.00
EQUIPMENT
$0.00
SUPPLIES
$18,181.00
CONTRACTUAL
$23,170.00
OTHER
$5,500.00
TOTAL DIRECT COSTS
$224,439.00
INDIRECT COSTS
$0.00
TOTAL
$224,439.00
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