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HomeMy WebLinkAboutResolution - 4718 - Contract - TDH - Public Health Services - 01_26_1995Resolution No. 4718 January 26, 1995 Item #23 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, attached herewith, by and between the City of Lubbock and the Texas Department of Health for public health services, and any associated documents, which Agreement 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 January ATTEST: etty A Johnson, dity Secretary APPROVED AS TO CONTENT: Doug Ooodrj • APPROVED AS TO FORM: Dbfiald G. Vandiver, First Assistant City Attorney DGV:da ccdocs/C-TDH.res Jammary 10, 1995 1995. TEXAS DEPARTMENT OF HEALTH CONTRACT 1100 West 49th Street Austin, Texas 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS This contract is between the as RECEIVING AGENCY. and includes general provisions special provisions. Resolution No. 4718 January 26, 1995 Item #23 TDH Document No. C6000126 Texas Department of Health, hereinafter referred to the parity listed �elow as PERFORMING AGENCY and and attachments etailing scope(s) of work and PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT r r ------------------------------------------------------------------------------------- i (PRINT or TYPE) ' Mailing Address: P. 0. BOX 2548 LUBBOCK TX 79408-2548: (City) (5�1-p�— Street Address: 1902 TEXAS AVENUE LUBBOCK TX 79405-1117 i eren . i y. (ST)Z I P.)r; ------------------------------------------------------------------------------------- Authorized ' y Contracting Entitv: i eren rom ►_ - r Pavee Name: CITY OF LUBBOCK HEALTH DEPARTMENT ' (Must matcn with vendor i en i ica ion number s own a ow) i Payee Address: P. O. BOX 2000 LUBBOCK TX 79457 00001, us mac wi vendor i en ifica ion num er s own 6elowi—� i State of Texas Vendor Identification No. (14 digits): 17560005906037 Finance Officer/Contact: DOUG GOODMAN Type of Organization: City Designate: Elementarv/secon ary School, junior college, senior co ece.universy v i city, county, other political subdivision. council of governments, judicial ' ydistrict, community services program, individual, or other (define) Is this a small business No (Yes/No) and/or minority/woman owned No (Yes/No) Is this a non-profit business Yes (Yes/No) PAYEE AGENCY Fiscal Year Ending Month: SEPTEMBER i ------------------------------------------------------------------------------------- 1 SUMMARY OF TRANSACTION: Contract for public health services. i ; i r COVER - Page 1 DETAILS OF ATTACHMENTS Att/! s Financial Assistance Am. TON Term ; Source of Direct Total Assistance ; No. Program ; 9eain End ; Fundst ; Amount Assistance Amount (TDH Shares 01 ; HIVISURV-LHS 11 1/95.12131195; STATE ; 35.398.00: .001, 35.398.00! ! ! ! ! ! ! ! ! ! t 1 t 7 l t 1 1 t 1 1 i 1 i t 1 ! ! t t t t t + t 1 t 1 1 1 1 + t ! I t t 1 1 1 + 1 1 1 1 1 1 1 1 + I t 1 1 I 1 1 1 1 t t 1 t 1 1 I + 1 t 1 I I 1 I I t 1 1 t 1 1 ! 1 1 { ! 1 ( 1 1 I ! ! ! ! ! ! 1 I ( 1 1 t I 1 1 1 t 1 1 1 1 t ! 1 1 1 1 1 1 1 1 1 t 1 I t t 1 1 ! 1 1 t 1 t t t 1 ! l ! I t t t 1 I 1 1 1 t ! ! 1 t f 1 I 1 1 f t 1 t 1 1 1 t I ! l t t ! I I 1 1 1 r I I I I 1 t t 1 1 1 ! ! 1 1 1 I t I I ! ! ! ! I 1 1 1 I 1 1 I I 1 t 1 1 1 t 1 ! ! 1 1 I 1 1 It 1 1 ---------------------------------------------------------------------------------------------N----------------------1 TDH Document No. C6000126 TOTALS ; t 35,398.00; : .00; ; 35,398.00: 1 1 1 I 1 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. COVER - Page 2 EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. MY OF UJBBDCK TDH Document No.: C6000126-01 Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: By LTH 4IN 4/ Qgnature of oerslfn authoriz to sign contractsi David R. Lan sg ton, Mayor (Name and Titlel Date: 1- Z(.• 957 RECOMMENDED: TEXAS DEPARTMENT OF HEALTH �, RECEIVING-1 ING} AGENCY 0--1 R d- By: i ignature of person authorized to sian contracts) Linda Farrow. Chief Bureau of Financial Services (Name and Title) Date: —rD %f APPROVED AS TO FORM: By: 0By: (PERFORMING AGEN irector. Office of General Counsel if different from erson authorized to sign contracti COVER - Page 3 GENERAL PROVISIONS.FOR TEXAS DEPARTMENT OF HEALTH CONTRACTS PERFORMING A( ENCY and RECEIVING AGENCY -agree this contract, assurances, general and/or special; provisions, and Attachment,(,$) with detailed scope(s) of work and budget(s), as applicable, incorporate all covenants and agreements pertaining hereto.- No prior -agreement or.understanding,.oral or otherwise, -of the parties or their agents will be valid or enforceable unless embodied in this contract. The person or persons signing and executing, this contract on behalf of PERFORMING AGENCY, ,,or..r+epresenting themselves as signing and executing this contract on bphalf,,.gf 4 _ORMING AGENCY, do hereby warrant and guaranteethathe, she, or they,have,..been duly authorized by PERFORMING AGENCY to execute.this contract`on behalf rot PERFORMING AGENCY and, to validly. and legally bind PERFORMING AGENCY to all;-"rms, performances, and provisions herein set forth. PERFORMING AGENCY hereby assures compliance with the following terms and conditions unless otherwise specified in the Attachment(s) hereto: ARTICLE 1.. Scope of Work PERFORMING AGENCY will perform the work outlined .in the Scope(s) of Work contained in the Attachment(s) hereto which is/are referenced in the Details of Attachments, and hereby incorporated and made a part of this contract, plus amendments which may be added by additional Attachment(s) from time:to time as hereinafter.provided. Satisfactory performance of this contract will be measured in part by: (1) adherence to the contract; (2) results of CPA or State Auditor reports; and, 3) timeliness, completeness, and accuracy of required reports. ARTICLE 1. Term The time, period of this contract will be governed by the terms) on the Attachment(s). No commitment of contract funds is permitted prior to the first day nor subsequent to the last day of the term. The term may be extended or shortened by amendments) ARTICLE 3. Funding This cortract,is contingent upon funding being, available for the term of, the Attackupent(s) and PERFORMING AGENCY will have no right of action against RECEIVIN.G,AGENCY in the event that RECEIVING AGENCY is unable to perform: its obligatione under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become.unavailable, provisions of the Termination Article will apply. ARTICLE-; 4.., Amendments Contract Attachments) may be amended., and, such amendments will be in writing and duly-.exequted,by the parties hereto. ARTICLE 5. Severability c: If any provision of this contract will be construed to be illegal or invalid, this will not affect the legality or ,validity of any of the other provisions hereof. The illegal or invalid provision will . be, deemed stricken and: deleted herefrom to the same extent and effect_as if never incorporated. herein, but all other provisions will continue. 1995: GENERAL PROVISIONS - Page 1 (5/94) ARTICLE 5. ADDlicable Laws and Standards This contract will be governed by the laws of the State of Texas and enabling state/federal regulations,,including federal grant requirements applicable to funding sources as set out; in Attachment(s) hereto. If PERFORMING AGENCY is a local governmental public health entity, this contract will also be governed by the Local Public Health Reorganization Act, Chapter 121, Health and Safety Code. PERFORMING AGENCY agrees Chapter 783, Texas Government Code Annotated (Vernon's Pamphlet 1992),_[Uniform Grant and Contract Management Act (UGCMA)], as may be amended by revised federal circulars to be incorporated in UGCMA by the Governor's Budget and Planning Office, applies as terms and conditions of this contract, and the standards are adopted by reference in their entirety,. If a conflict arises between the provisions of this contract and UGCMA, the provisions of UGCMA will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. PERFORMING AGENCY must obtain prior written approval from RECEIVING AGENCY for major project, changes`which:are specified in RECEIVING AGENCY's institutional prior approval policy and the applicable, Administrative Requirements and Cost Principles. Copies of these documents are provided to PERFORMING AGENCY by RECEIVING AGENCY and are. incorporated by reference as a condition of this contract. In accordance with Section 1352 of Public Law 101-121, effective December 22, 1989, PERFORMING AGENCY is prohibited from using funds granted under this contract for lobbying Congress or any agency in connection with a particular contract.. In'addition, if at any time a contract exceeds $100,000, the law requires certification that none of the funds provided by RECEIVING AGENCY to PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding source, and if a contract exceeds $100,000, a disclosure form must be completed if PERFORMING AGENCY has any agreement with a lobbyist. This certification and/or form is available upon request and must be forwarded to.RECEIVING AGENCY within 90 days of receipt. PERFORMING AGENCY certifies by execution of this contract that its payment of franchise taxes is.current or, if PERFORMING AGENCY is exempt from payment of franchise taxes, that it is not subject to the State of Texas franchise tax. A false statement regarding franchise tax,status will be treated as a material breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY. If franchise tax payments become delinquent during the Attachment term', payments under this contract will be held until PERFORMING AGENCY's delinquent franchise tax is paid in full. ARTICLE T. Debarment and Suspension, PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING AGENCY certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where, the PERFORMING AGENCY is unable to certify to any of the statements in this certification, PERFORMING AGENCY shall attach an explanation. PERFORMING AGENCY specifically asserts that it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency or it is not subject to an ,outstanding judgment 'in a suit against PERFORMING AGENCY for collection of the balance. A false statement regarding PERFORMING AGENCY's status will be treated as a material breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY. 1995 GENERAL PROVISIONS Page 2 (5/94) ARTICLE 8. Assurances PERFORMING AGENCY will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. PERFORMING AGENCY will comply with all federal and state statutes, as amended, ,relating -to -nondiscrimination. These include but are not limited to: Title VI of the'Civil Rights Act of 1964,,(42 USC Sec. 2000e, et. seq..) which prohibits discrimination on tie basis of race, color or national origin;'Title IX of the Education Amendments. of 1972, (20 USC Sec. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; the Rehabilitation Act of 1973, (29 USC Sec. 794), which prohibits discrimination on the basis of handicaps; The Americans with Disabilities Act of 1990 (42 USC Sec. 12101 et, seq.), which prohibits discrimination on the basis of disabilities; The Age Discrimination Act of`1975, (42 USC Sec. 6101-6107), which prohibits discrimination on the basis of age; The Drug Abuse, Prevention, Treatment, and Rehabilitation Act, (21 USC Sec. 1101 et. seq.), relating to discrimination on the basis of drug abuse; the Age Discrimination in Employment Act of 1967, (29 USC Sec. 621-634), which prohibits discrimination in employment on the basis of age; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, (42 USC Sec. 4541 et. seq.), relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, (42 USC Sec. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; any other nondiscrimination provisions in the specific statute(s), pertaining to applicable federal assistance; and the requirements of any other nondiscrimination federal or state statute(s) which might apply to this contract. PERFORMING AGENCY will: comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act' of 1955, as amended (42 U.S.C. SS 7401 et seq.); and (d) protection of underground sources of -drinking water under the Safe Drinking Water Act of 1974,'as amended, P.L. 93-523. PERFORMING AGENCY will comply with P.L. 93-348 regarding the protection of human 'subjects` involved in research, development, and related activities supported by any applicable award of federal assistance. PERFORMING AGENCY will comply with the Clinical Laboratory Improvement Amendments of 1988 (CLIA), P.L. 100-578 (42 U.S.C. 263 a), which establish Federal requirements for the regulation and certification of clinical laboratories. - PERFORMING AGENCY will comply with the OSHA Regulations on Bloodborne Pathogens, 56 Fed. Reg. 64175 (1991), 29 C.F.R. 1919.030, which set safety standards for those workers and facilities who may handle bloodborne pathogens. PERFORMING AGENCY assures it will not transfer or assign its interest in this contract without the written consent of the RECEIVING AGENCY. i 'ARTICLE"9.' Standards For Financial Management i 'PERFORMING AGENCY will develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGCMA. Those requirements include at a minimum: Financial planning including the development of budgets reflect all functions and resources necessary 'to"carry activities and the adequate determination of costs; 1995.GENERAL PROVISIONS Page 3 (5/94) that adequately out authorized 2. Financial management system including accurate, correct, and complete payroll, accounting, and financial reporting records, cost source documentation, effective internal and budgetary controls, determination of reasonableness, allowability, and allocability of costs, and timely and appropriate audits and resolution of any findings; and, 3. Billing and collection policies including a charge: schedule, a system'for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasonable efforts to collect from patients and third parties. In addition, PERFORMING AGENCY agrees to bill third party payors for services provided under the Attachment(s), at no cost to the client. These potential payors include, but are not limited to, Medicaid, private insurance carriers, other available federal, state, local and private funds, etc. PERFORMING AGENCY is required to become a Medicaid provider for applicable program activities. funded in the Attachment(s) hereto, and will maximize efforts to obtain payment from Medicaid and all other available sources. ARTICLE 10. Allowable Costs and Audit Requirements Only those costs allowable under UGCMA and any revisions _thereto, plus any applicable federal cost principles are eligible for reimbursement under this Attachment (s). Applicable cost principles, audit requirements and administrative requirements are as follows: Audit Administrative Applicable CostPrinciples Requirements Requirements A-87, State & Local Governments Circular A-128 UGCMA To be eligible for reimbursement under this Attachment(s) a cost must have been incurred within'the Attachment term and paid by PERFORMING AGENCY prior to claiming reimbursement from RECEIVING AGENCY or encumbered by the last day of the Attachment term and liquidated no later than 45 days after the end of the Attachment terms Each PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY receiving $25,000 or more in total federal/state financial assistance during their fiscal year shall arrange for an agency -wide financial and compliance, audit of the PERFORMING AGENCY'S/AUTHORIZED CONTRACTING ENTITY'S fiscal year. The audit must be conducted by an independent CPA and must be in accordance with the applicable OMH Circulars and Government Auditing Standards. Procurement of. audit services will comply with state procurement procedures, as well as prcvi'sions`of UGCMA. Within 30 days of receipt of audit "report, PERFORMING AGENCY/AUTHORIZED CONTRACTING' ENTITY will submit a copy to RECEIVING AGENCY'S. Internal Audit Division. ARTICLE 11. Overtime Compensation None of the funds provided by Attachment(s) will be used to pay overtime. PERFORMING AGENCY will be responsible for any obligations of overtime pay due employees. ARTICLE 12. Terms and Conditions of Pavment For services satisfactorily performed pursuant to the Scope(s) of Work, PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements will not exceed the total of each Attachment(s) hereto and are contingent on a. signed contract. Claims for reimbursement will be made on a State of Texas Purchase Voucher (TDH 1995 GENERAL PROVISIONS - Page 4 (5/94) Form B-13). Vouchers for reimbursement of actual expenses will be submitted monthly within 20 days following the end of the month covered by the bill. A make-up claim may be submitted as a final close-out bill not later than 45 days following the end of Attachment term(s). Advance payment may be requested in accordance with the applicable provisions of this contract. Payments made for approved claims or notice of denial of claims submitted against Attachment(s) to this contract will be mailed not later than 60 days after receipt of monthly vouchers. Payment'is'considered made on the date postmarked. Any reimbursements made by PERFORMING AGENCY to subcontractors will be made in accordance with Article 601f, V.T.C.S. PERFORMING AGENCY may request, in writing, to be placed on Direct Deposit status`. If this request is approved by RECEIVING AGENCY, PERFORMING AGENCY will no longer receive copies of reimbursement vouchers. Funding from this contract will not be used to supplant state or,local funds, but PERFORMING AGENCY will use such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity. PERFORMING AGENCY further agrees to maintain its current level of support, if any. PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFORMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement`of costs which are determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEIVING AGENCY will have the right to.withhold all or part of any future payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for- any ineligible expenditures not refunded to RECEIVING AGENCY by PERFORMING AGENCY. Payment may be denied for noncompliance if required financial reports are not on file for previous quarters or for the final period, or for failure to respond to financial compliance monitoring reports, or if program requirements are not met as specified in the Scope(s) of Work. ARTICLE 13. Advance Payment According to Treasury Circular 1075 (31 CFR`Part 205) and RECEIVING AGENCY procedures, PERFORMING AGENCY may request, in writing, a onetime advance with written justification and the concurrence of RECEIVING AGENCY. Amount of advance' will be determined by the amount and term of the Attachment(s); however, for each' Attachment, the amount of the advance will not exceed one-sixth'(1/6th)' of a twelve-month Attachment. Advance will be requested on a 11State 'of Texas Purchase Voucher at the beginning of Attachment period or at 4,aing�le later time in the Attachment period if circumstances so warrant and the requestis approved. Advance funds will be liquidated during the Attachment term 'so that, after final monthly billing, PERFORMING AGENCY will not have advance 'funds on hand. Advance, funds may be drawn only to meet immediate cash needs for disbursement (UGCMA and federal circulars). Amendments to this Attachment(s) may require upward or downward adjustment to the allowable advance until it equates 1/6th of a twelve-month Attachment or approximates two months operating costs. In the case of a downward adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of adjustment to the advance. RECEIVING AGENCY retains the option to reduce future claims by the required amount. In the'case of an upward adjustment and PERFORMING' AGENCY needs additional funds to meet immediate operating expenses, PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. 1999 GENERAL PROVISIONS - Page 5 (5/94) ARTICLE 14. Program Income PERFORMING AGENCY will develop a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Chapter 12, Sub -chapter D, Health and Safety Code and the Texas Board of Health rules covering Fees for Clinical Health services (25 TAC, Section 1.91) and other applicable laws provided, however, that a patient may not be denied a service due to inability to pay. Both parties agree all revenues directlygenerated by an Attachment(s) supported activity or earned only as a result of the Attachment(s) during the term of Ithe Attachment(s) are considered program income. This, income will be identified and reported quarterly and annually utilizing the report forms identified in the Financial Reports Article of these provisions. PERFORMING AGENCY will retain the program income and use one of the following alternatives: 1. Where the PERFORMING AGENCY is reimbursed by RECEIVING AGENCY under a cost reimbursement method, the additive or deductive alternatives for program income may be used. Under the additive method, PERFORMING AGENCY will add the program income to the funds already committed to 'the project by both the RECEIVING AGENCY and PERFORMING AGENCY. Funds will be used to,further the program objectives of the State/Federal statute under which the Scope of Work for the Attachment(s) was made. Program income earned, in a current budget period' and not expended in that budget period, may be carried forward to the next budget period but must be spent' in the next budget period, or deducted from program expenditures*. This policy will apply unless'specifically-stated otherwise in the Special Provisions of the contract Attachment(s).- Under the deductive method, the PERFORMING AGENCY will deduct the program income from�the total allowable costs'to determine the net allowable costs. 2. Where the PERFORMING AGENCY is reimbursed by RECEIVING AGENCY under a fixed price arrangement, only the deductive alternative for program income will be used. PERFORMING AGENCY deducts the program income'from the.total allowable project costs to determine the net allowable costs.''` It is further understood that RECEIVING AGENCY will base future funding levels, in part, upon the PERFORMING AGENCY's proficiency in identifying, billing, collecting, and reporting income, and in utilizing it for the purposes and conditions of the applicable Attachment(s)r ARTICLE 15. Financial Reports Financial reports are required as provided in UGCMA and will be filed regardless of whether or not expenses have been incurred. Ouarteriv Financial Status Report, State of Texas Supplemental Form., 269a.. (TDH. Form GC-4a), will be submitted within 30 days following the end ofeach quarter'. AnnualiFinals A final financial report, 'Request for Advance or Reimbursement, Form 270 (TDH Form GC-10) will be submitted not later than 45 days following the and of Attachment term(s): if necessary, a State of Texas Purchase Voucher will be submitted if all , costs` have not been recovered or a' refund will be made of 'excess monies if costs incurred were less than funds received. ;! 1995 GENERAL PROVISIONS - Page 6 (5/94) ARTICLE 16. Reports and Inspections PERFORMING AGENCY will submit financial, program, progress, and other reports as requested by RECEIVING AGENCY in the format agreed to by they parties hereto. RECEIVING AGENCY and, when federal funds are involved, any authorized representative.(s) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including client or patient records) performed or being performed hereunder and the premises in which it is being performed, including subcontractors. PERFORMING AGENCY will participate in and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be performed in such a manner as will not unduly delay the work. PERFORMING AGENCY agrees that RECEIVING AGENCY and the federal government, or any of their duly authorized representatives, will have access to. any pertinent books, documents, papers, and client or patient records of PERFORMING AGENCY for the purpose of making audit, examination, excerpts, and transcripts of transactions related to contract Attachment( s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under Attachments) will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's findings. A determination by RECEIVING AGENCY of either an inadequate or inappropriate resolution of the findings may result in the withholding of funds. Any such withholding of funds will remain in effect until the findings are properly remedied as determined by RECEIVING AGENCY. PERFORMING AGENCY will retain all such records for a period of three years from the date of the last expenditure report submitted under contract Attachment(s) or until resolution of all audit questions, whichever time period is longer. ARTICLE 17. Client Records At the end of the Attachment term, all client records ( including patient records) are the•property of PERFORMING AGENCY . RECEIVING AGENCY retains the right to have access to the records, or obtain copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may arise. If.at-any time during the Attachment term(s), PERFORMING AGENCY and/or RECEIVING AGENCY should decide to terminate the agreement, RECEIVING AGENCY may require the transfer of client records ('including patient records) upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue the service or to -RECEIVING AGENCY. ARTICLE 16. Confidentialit PERFORMING AGENCY will have a system in effect to protect client or patient records and all other documents deemed confidential by law which are maintained in; connection with the activities funded under contract. Any disclosure or transfer of confidential client or patient information by PERFORMING AGENCY, including information required by the Reports and Inspections Article, will be in accordance with applicable law. If providing direct client care, services, or programs, PERFORMING AGENCY agrees to implement workplace policies based on the model guidelines adopted. by RECEIVING AGENCY and to educate employees and clients concerning the human immunodeficiency virus (HIV) and its. related conditions including acquired 1995 GENERAL PROV9SIONS = Page 7 (5/94) immunodeficiency syndrome (AIDS). PERFORMING AGENCY agrees to develop and implement policies regarding confidentiality of AIDS and HIV -related medical information for employees of PERFORMING AGENCY and for clients, inmates, patients, and residents served by PERFORMING AGENCY. Further, PERFORMING AGENCY agrees to develop and implement an Anti -discrimination policy assuring all privileges and opportunities for any 'employee or client with a communicable disease. HIV -related policies will be based on accurate scientific information. Such policies will be consistent with the model guidelines published by RECEIVING AGENCY and with state and federal laws and regulations. A PERFORMING AGENCY that does not adopt a confidentiality policy as herein required is not legally eligible to receive state funds until the policy is developed and implemented. ARTICLE 19. Equipment and supplies Equipment is defined as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of more than one year with the following exceptions: Fax Machines, Stereo Systems, Cameras, Video Recorder/Players, Microcomputers, and Printers. These exception items will still be considered equipment if their unit cost is over $500. In accordance with Health & Safety Code, Section 12.053, title to all equipment purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s). Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is required for any additions to or deletions of approved equipment purchases meeting the above equipment definition. To receive approval for data processing hardware and software, PERFORMING AGENCY must submit a detailed justification which includes description of features, make and model, and cost, etc. PERFORMING AGENCY will maintain a property inventory listing and submit an annual cumulative report (TDH Form GC-11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY will administer a program of maintenance, repair, and protection of assets under this Attachment(s) so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the -assets provided under this Attachment(s), it will use the proceeds to repair or replace said assets.' PERFORMING AGENCY agrees that upontermination of Attachment(s), title to any remaining equipment purchased from funds as hereinabove provided will be transferred to the RECEIVING AGENCY or any other party designated 'by 'the RECEIVING AGENCY; provided, however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer title to such property to the PERFORMING AGENCY. ARTICLE 20. Subcontractin PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited in specific Attachment(s). Subcontracts, if any, entered into by PERFORMING AGENCY will be in writing and subject to the requirements of this contract. PERFORMING AGENCY agrees that it will be responsible to RECEIVING AGENCY for the performance of any subcontractor. In addition, if PERFORMING AGENCY elects to enter into an agreement which subcontracts out a substantial portion of PERFORMING AGENCY's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. ARTICLE 21. copyrights, Publications, and Patents PERFORMING AGENCY understands and agrees that where activities supported by the contract Attachment(s) produce original books, manuals, films, computer programs (including executable computer programs and supporting data in any form), or other original material, PERFORMING AGENCY may copyright such material subject 1995 GENERAL PROVISIONS - Page 8 (5/94) to any rights to same reserved by. or,vested, in the federal government or any agency thereof; however; RECEIVING AGENCY may 'grant to PERFORMING AGENCY limited rights to produce, publish, and use such materials as appropriate. PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING AGENCY .review and,•approval. Any. publication (written, visual,. or sound) should include acknowledgment of the support received from RECEIVING AGENCY and the appropriate federal agency, :if applicable. At least three, copies of any such publication must be -provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies' before or after the initial review. PERFORMING AGENCY and any subcontractor,. as appropriate, must comply with the standard patent rights clauses in 37 CFR Sec. 401.14 or FAR 52.227.11. ARTICLE 22. Hold Harmless PERFORMING AGENCY,, as an independent contractor, agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and shall pay all costs, fees and damages to the extent that such costs, fees and damages arise from performance or non-performance of PERFORMING AGENCY under this contract. Likewise,' RECEIVING AGENCY, as a state governmental agency, agrees. to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims, losses, damages and judgments to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practices and Remedies Code, Vernon's.Texas Codes Annotated. PERFORMING` AGENCY, by acceptance of funds provided through contract Attachment(s), 'agrees and ensures that personnel paid from these funds, are duly licensed -and/or qualified to'perform the required services. ARTICLE_23. Bonding PERFORMING AGENCY is required to carry an adequate fidelity bond or insurance coverage that protects each employee of the PERFORMING AGENCY handling funds under thie'contract, including person(s) authorizing payment of such fund. The fidelity bond or insurance will provide for indemnification of losses occasioned bye' (1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others,.and/or, (2) failure of PERFORMING AGENCY .or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. ARTICLE 24. Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting requirements, the program objectives, or the contract award conditions, RECEIVING AGENCY may withhold payments. RECEIVING AGENCY,will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY'•s intent to withhold payments=:if the deficiency is not corrected within a specific number of days. When the deficiency,is.corrected, RECEIVING AGENCY will release any withheld payments with no further action. If PERFORMING AGENCY fails to comply .with the terms, conditions, or standards of this contract, RECEIVING AGENCY may terminate the contract Attachments) for non-compliance. This contract or any, Attachment (s) hereto may be terminated by either of the parties hereto for noncompliance. by the other party. A party intending to terminate for noncompliance by the other party will provide written notice to the other party at least thirty (30) days prior to the intended date! of termination. Such notice will include the reasons for the,termination and will provide the other party an opportunity to rebut the reasons in writing. A hearing may be, 1995 iGENERAL PROVISIONS Page,9 (5/94) requested on the proposed termination if such request is made in writing within ten (10) days from any final notification of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination will not be an exclusive, remedy but will be in addition to any other rights and remedies provided by law or under this contract. This contract or any Attachment(s) hereto may be terminated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both parties will agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice will become:.a part of the contract. PERFORMING AGENCY will not incur new obligations for the terminated portion after the effective date of termination and will cancel as many outstanding obligations as possible. RECEIVING AGENCY willallowfull credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated if funds allocated for any Attachment(s) hereto should become reduced, depleted, or unavailable during any Attachment(s) budget period, and RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY will immediately provide written notification to PERFORMING AGENCY of such fact and such Attachment(s) to this contract is/are terminated upon receipt of that notification. PERFORMING AGENCY will not incur new obligations after the effective date of termination and will cancel as many outstanding obligations as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated 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, unreasonable or impossible. If the parties should be unable to agree upon amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, upon written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties will 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 as of the date of termination. ARTICLE 25. Personnel All personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY will have in- place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. PERFORMING AGENCY Will have full authority to employ, promote, suspend, demote, discharge, and transfer within its organization any and all state budgeted personnelfunded by Attachment(s) to this.contract provided, however, that any demotion, suspension,. or discharge of such state budgeted employees will be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state budgeted position may receive a salary supplement from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes, but is not limited to, the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any such 1995 GENERAL PROVISIONS - Page 10 (5/94) a is travel or per diem to these employees must be on a reimbursement basis, supported by appropriate records, and may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this contract or from any other source. PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting individuals into state budgeted positions funded by Attachment(s) to this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY's Bureau of Personnel Management. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel claims on state budgeted positions. PERFORMING AGENCY will be furnished by RECEIVING AGENCY state warrants for salary compensation or travel reimbursement for issuance to employees on state budgeted positions.' An independent audit is not required, as a condition of this contract if the Attachment provides assistance throughassignment of -state budgeted positions and no funds are budgeted for local costs. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of Attachment(s) in lieu of being furnished state payroll warrants after a state budgeted`' position becomes vacant. Reimbursement will not exceed the balance of funds on the"state budgeted position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY's Director, or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion. ARTICLE 26. finding Participation Rectuivement PERFORMING AGENCY agrees funds provided through this contract will not be used for -'matching purposes in securing other funding unless 'otherwise directed or approved by RECEIVING AGENCY. ARTICLE 27. Performance -Based Attachments History RECEIVING AGENCY is responsible for developing performance -based public health services contracts in response to the State Auditors Report and requirements of the Legislature. This system will enhance' service delivery' and improve accountability and efficiency in the management of public health dollars. Plans for initial implementation were designed to use the model objectives format stemming from recommendations of the Committee on Model Objectives for Local Public Health in Texas. The committee was composed ofrepresentatives of local health departments and RECEIVING AGENCY's central and public health region offices in consultation with the University of Texas School of Public Health in Houston. Purpose The 'ovetall goal 'of performance -based contracts is improved public health practices in Texas. The project is intended to: - identify public health needs and establish priorities which provide a rational basis for 'resource allocation; 1995 GENERAL PROVISIONS Page-11 (5/94) - project realistic outcomes based on activities which can be accomplished with current or planned resources, communicate needs, and build consensus at all levels regarding directions to be taken in specific programs; and, - institute a system for planning, implementing, managing, and evaluating programs and monitoring progress toward reducing and/or alleviating public health problems. Required Program Areas PERFORMING AGENCY has prepared outcome and process objectives, if they are applicable and relative to the local needs and resources, for the following program areas: Food Protection HIV/AIDS Public Health Promotion Refugee Health Immunization Initiative Sexually Transmitted Diseases Women & Children Tuberculosis Elimination Chronic Disease Prevention & Control These objectives are appended to the Office of Regional Programming Attachment and incorporated verbatim and made a part of this contract. PERFORMING AGENCY agrees to monitor and report progress towards these objectives on a quarterly and annual basis. The reporting requirements and format will be agreed upon by both parties. Pilot Program Areas RECEIVING AGENCY will provide training, written documentation, and, ongoing technical assistance to PERFORMING AGENCY in the development of performance -based objectives for the following pilot program areas: Dental Health Services Nutrition Services For state fiscal year 1995, the parties recognize and agree" that the performance -based objectives for the pilot program areas are negotiable. If. PERFORMING AGENCY'S achievement is below the established levels,' it will not affect the right of PERFORMING AGENCY to funds provided through Attachment(s) when the basic program scope of Work has been fulfilled. It is understood and agreed upon by both parties that PERFORMING AGENCY will be required to append approved performance -based objectives for the pilot program areas to the local health services contract for state fiscal year 1994. RECEIVING AGENCY contact for matters pertaining to the performance -based public health services project is the office of Regional Programming. r a- DOCUMENT NO. C6000126 ATTACHMENT NO. 01 PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF HIV AND STD PREVENTION TERM: January 1, 1995 THROUGH December 31, 1995 SECTION I. SCOPE OF WORK: PERFORMING AGENCY will conduct active surveillance and reporting activities for human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS). All information and education materials developed and provided by PERFORMING AGENCY will be accurate, comprehensive, and consistent with current findings of the United States Public Health Service. PERFORMING AGENCY agrees that all activities will be performed in accordance with PERFORMING AGENCY'S objectives, activities work plan, and detailed bud- get as approved by RECEIVING AGENCY. All of the above named documents are adopted by reference as part of this Attachment. All revisions to said documents will be approved by RECEIVING AGENCY and transmitted in writing to RECEIVING AGENCY. The activities required to carry out these projects are outlined in the Centers for Disease Control and Prevention (CDC) and RECEIVING AGENCY'S guidelines and protocols and RECEIVING AGENCY'S grant applications and awards by CDC, which are the bases for this Attachment. A copy of each document has been provided to PERFORMING AGENCY. PEDIATRIC HIV INFECTIONS PERFORMING AGENCY will be responsible for soliciting reporting of HIV infections occurring in children 0-12 years of age. PERFORMING AGENCY agrees to: 1. Initiate and maintain effective communications and working relationships with pediatricians, pediatric care facilities, and laboratories within PERFORMING AGENCY'S oeograohic jurisdiction, in an effort to solicit reporting. 2. Assist RECEIVING AGENCY in conducting no -identified -risk (NIR) investigations for those cases in which mode of exposure is incomplete. 3. Follow-up and complete CDC data collection forms on unreported cases identified through the RECEIVING AGENCY'S review of alternate record systems. ALL AIDS CASES PERFORMING AGENCY will be responsible to RECEIVING AGENCY for the design, -1- maintenance and evaluation of an active surveillance system for AIDS cases. For the purposes of this Attachment, an AIDS case is defined by CDC in its December 18, 1992 MMWR publication, Vol. 41, No. RR-17. PERFORMING AGENCY agrees to: 1. REPORTING a. Establish and maintain communications with key community and medical groups/individuals and laboratories within PERFORMING AGENCY'S geo- graphic jurisdiction. b. Collect reports of AIDS cases diagnosed and/or treated within PERFORMING AGENCY'S geographic jurisdiction. c. Report cases to RECEIVING AGENCY'S HIV/AIDS Surveillance Program on a weekly basis. 2. REGISTRY MAINTENANCE a. Maintain a case file on all confirmed and suspected cases of AIDS diagnosed and/or treated within PERFORMING AGENCY'S geographic jurisdiction. b. Maintain a current list of key reporting sources. 3. SYSTEM EVALUATION a. Review and provide thorough follow-up on a minimum of eighty percent (80%) of suspects identified by RECEIVING AGENCY'S alternate record review systems in order to enhance case ascertainment and validate the effectiveness of local surveillance efforts. b. Track reporting by local sources in order to monitor the level of compliance to reporting laws and level of case ascertainment. 4. EPIDEMIOLOGIC INVESTIGATIONS a. Initiate epidemiologic investigations on newly reported NIR cases within five (5) days of receipt of case report through contact with appropriate health care provider or the review of medical records. b. Assist RECEIVING AGENCY with other epidemiologic investigations as deemed necessary by RECEIVING AGENCY or the CDC. 5. DATA ANALYSIS Demographic analyses of local data may be released as public information as long as an individual is not identified. 6. CONFIDENTIALITY a. Store all case files and computer diskettes containing patient -2- information in a locking file cabinet when not in use. The locking file cabinet and surveillance computer must be kept in a locked room, with limited, controlled access. b. Utilize passwords to access procedures for computer databases con- taininq HIV/AIDS case data. Passwords should be chana_ed monthly and known only to surveillance personnel. c. Limit the number of persons who have keys to registry files to persons directly involved in case reporting. d. Require a statement of confidentiality be signed by all personnel having access to HIV/AIDS case files and computer diskettes and kept on file by PERFORMING AGENCY. e. Shred any document to be disposed of that contains patient information. HIV INFECTIONS PERFORMING AGENCY will be responsible for conducting active surveillance for the reporting of confirmed HIV infections. PERFORMING AGENCY agrees to: 1. Establish and maintain communications with key community and medical groups/individuals and laboratories within PERFORMING AGENCY'S geographic jurisdiction. 2. Collect reports of confirmed HIV infections made by or under the standing orders of a physician, and which are based upon acceptable laboratory tests results. 3. Report HIV infections to RECEIVING AGENCY HIV/AIDS Surveillance Program on a weekly basis. PERFORMING AGENCY agrees to comply with Chapters 81 and 85 of the Health and Safety Code and relevant portions of Chapter 6A (Public Health Service) of Title 42 (The Public Health and Welfare) of the United States Code, as amended. PERFORMING AGENCY will provide an estimated 150 clients with services_/units of service in or benefiting the countv(ies)/area defined as: LUBBOCK, SECTION II. LEGAL AUTHORITY TO CONTRACT: Chapters 12 and 121, Health and Safety Code. SECTION III. SPECIAL PROVISIONS: PERFORMING AGENCY, or any subcontractor, shall not transfer a client record (including a patient record) to another entity or person without written consent from the client or patient, or someone authorized to act on his or her behalf; however, RECEIVING AGENCY (TEXAS DEPARTMENT OF HEALTH) may require P -3- t PERFORMING AGENCY, or any subcontractor, to transfer a client or patient record to RECEIVING AGENCY (TEXAS DEPARTMENT OF HEALTH) if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient. RECEIVING AGENCY (TEXAS DEPARTMENT OF HEALTH) shall have access to a client record (including a patient record') in the possession of PERFORMING AGENCY, or any subcontractor, under authority of the Health and Safety Code, Chapters 81 and 85, and the Texas Revised Civil Statutes, Article 4495b (Medical Practice Act). In such cases, RECEIVING AGENCY !TEXAS DEPARTMENT OF HEALTH) shall keep confidential any information obtained from the client or patient record, as required by the Health and Safety Code, Chapter 81, and the Texas Revised Civil Statutes, Article 4495b. Due to the sensitive and highly personal nature of HIV/AIDS-related informa- tion, strict adherence to the General Provisions, CONFIDENTIALITY Article is required. PERFORMING AGENCY will submit quarterly activity reports within twenty (20) days after the end of each quarter, that are prepared in the format provided by RECEIVING AGENCY. PERFORMING AGENCY will authorize their staff to attend training, conferences, and meetings for which funds were budgeted and aooroved by RECEIVING AGENCY. SECTION IV. BUDGET: Personnel $25,500.00 Fringe Benefits 6,758.00 Travel 1,000.00 Equipment .00 Supplies 750.00 Contractual .00 Other .00 Total Direct Costs $34,008.00 Indirect 1,390.00 TOTAL $35,398.00 Financial status reports (FSRs) are due the 30th of April, July, October, January and the 15th of February. Total reimbursements will not exceed $35,398.00. * Indirect cost is based on UGCMA. Table 1. -4-