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HomeMy WebLinkAboutResolution - 1308 - Contract - TDOH - Medical Equipment - 01_27_1983RESOLUTION 1308 - 1/27/83 DGV:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract be- tween the Texas Department of Health and the Lubbock City Health Department, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of January ,198 3. /�k 9 AL N ENRY, Mayor ro Tem ATTEST: Ev lyn Gaffga, City $ecre a y Treasurer APPROVED AS TO CONTENT: & C2A _'� - .0 bB Cass, Assistant City Manager APPROVED AS TO FORM: G. Vandiver, Assistant City Attorney �Y, e� RESOLUTION 1308 - A/27/83 JP STATE OF TEXAS C O N T R A C T COUNTY OF TRAVIS The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY acting through its Deputy Commissioner for Management and Administration and Lubbock City Health Department a(n) City Health Department Name of PERFORMING AGENCY Type of Organization) (designate individual, corporation, partnership, non-profit organization, city, county, council of government, special purpose district, etc.), hereinafter referred to as PERFORMING AGENCY, acting through Bill McAlister , its Name of Person Authorized to SignContract- s T t e of Person , mutually agree as follows: Authorizeto ign ontracts ARTICLE 1. Scope of Work The $14,850.00 addressed in this contract will be utilized for the purchase of equipment for dental chronic disease, and geriatric programs as indicated in Attachment 3. These purchases will help alleviate some of the equipment shortage now hampering program operations. ARTICLE 2. Terms The term of this contract shall be from January 1 1983 through 30, 1983. No commitment o contract un s is per- Septembermitte prior to the irst ay of the contract term nor subsequent to the last day of the contract term. ARTICLE 3. Applicable Laws and Standards The RECEIVING AGENCY will comply with the requirements set forth in Sections 1905(d), Public Health Services Act, and Section 1742 (a) and (b), Chapter 2, Title XVII of the Omnibus Reconciliation Act of 1981, and with Department of Health and Human Services 45 CFR Parts 16, 74, and 96, Block Grant Programs. This Contract shall be governed by the laws of the State of Texas. The PERFORMING AGENCY agrees that the Uniform Grant and Contract Manage- ment Standards, Article 4413, Section 32g, V.A.C.S., issued by the Governor's budget and Planning office will apply as terms and conditions of this contract, and the standards are adopted by reference in their c;.tirety. If there is a conflict between the provisions of this Contract and the Uniform Grant and Contract Management Standards, the provision of the 11niform Grant and Contract Management Standards will prevail unless Pxnresslv stated otherwise. A copy of this Vanual and its references are provided to you by the Texas Department of Health. ARTICLE 4. Compensation and Payment For services satisfactorily performed pursuant to the Scope of Work, the PERFORMING AGENCY shall be reimbursed by the RECEIVING AGENCY a total amount not to exceed $ 14 850.00 . Allowable reimbursable costs shall be only as outlined in the Btu get, which is hereby made a part of this Agreement as Attachment 1. The PERFORMING AGENCY will not bill the RECEIVING AGENCY for any costs under this Contract which have also been billed or should have been billed to any other funding source. Costs claimed for reimbursement must be substantiated. If equipment is to be purchased, purchasing will be made through the State purchasing procedures. The PERFORMING AGENCY shall submit certified vouchers for reimbursement according to the procedures set out in Attachment 2 At the close of each quarter, a signed expenditure report, the format of which is in the UGCMS,must be submitted. The voucher and expenditure, report shall reflect the total allowable costs incurred and revenue received during the preceding period. All revenues received from the delivery of contract services shall also be identified. . ARTICLE 5. Funding This Contract is contingent upon Federal funding being available for the term in question and PERFORMING AGENCY shall have no right of action against the RECEIVING AGENCY in the event that the RECEIVING AGENCY is unable to perform its obligations under this Contract as a result of the suspension, termination, withdrawal or failure of funding to the RECEIVING AGENCY or lack of sufficient funding of the RECEIVING AGENCY. for this Contract. If such funds become unavailable, or if the total amount of funds allocated for this Contract should become depleted during any Contract Budget Period, and the RECEIVING AGENCY is unable to obtain additional funds for such purposes, then this Contract will be terminated. The PERFORMING AGENCY will use such funds that become available and that are allocated to them for the purpose of supplementing the PERFORMING AGENCY'S budget. These funds will in no event supplant such State, local, and other non -Federal funds. The PERFORMING AGENCY will increase the public health activities in its jurisdiction. ARTICLE 6. Grant -Related Income All grant -related income shall be retained by the PERFORMING AGENCY and: 1)beused by the PERFORMING AGENCY for any purposes which further the objectives of legislation under which the Contract was made, and/or 2) be deducted from total project costs, according to the departmental policy interpreting UGCMS, a copy of which is included in the UGCMS Manual. ARTICLE 7. Records The PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure patient records maintained by them in connection with the activities funded under this Contract. ARTICLE 8. Reports and Inspections PERFORMING AGENCY shall make financial, program, progress, and other reports as requested by RECEIVING AGENCY in the format agreed to by the parties hereto, and will arrange for on -site inspections by RECEIVING AGENCY. PERFORMING AGENCY shall participate fully in any required evaluation study of this program. ARTICLE 9. Audit of Records PERFORMING AGENCY agrees that RECEIVING AGENCY, DHHS, the Comptroller General of the United States, or any of their duly authorized representa- tives, shall have access to any pertinent books, documents, papers,and records of PERFORMING AGENCY for the purpose of making audit, examination excerpts, and transcripts of transactions related to the Contract. RECEIVING AGENCY shall have the right to audit billings both before and after payment; payment under this Contract shall not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Financial records, supporting documents, statistical records, and all other pertinent records shall be retained for a period of three (3) years after the date expenditures are reported under the Contract. If audit by or on behalf of the Federal government has begun but is not completed at the end of the three-year period, or if audit findings have not been resolved at the end of the three-year period, the records shall be retained until resolution of the audit findings. ARTICLE 10. Amendment RECEIVING AGENCY will submit a revised budget to PERFORMING AGENCY, either increasing or decreasing the amount of funds allocated at such times that additional funds become available or at such times that funds must be withdrawn. The original budget and revisions thereto become a part 3f this Contract and are subject to all of the terms and conditions of this Contract. This Contract shall.not be altered, changed, or amended except by instrument in writing executed by authorized officials of the parties. hereto as set forth below: Hermas L. Miller FOR RECEIVING AGENCY: Deputy Commissioner for Management and Administration (and/or) Bill McAlister, Mayor FOR PERFORMING AGENCY: City of Lubbock. Texas (and/or) ARTICLE 11. Property and Supplies Title to all property furnished by RECEIVING AGENCY shall remain with RECEIVING AGENCY. Title to RECEIVING AGENCY property shall not be affected or lose its identity by reason of affixation to any realty or attachment at law. PERFORMING AGENCY shall maintain a property and supplies inventory and administer a program of maintenance, repair, and protection of RECEIVING AGENCY assets so as to assure its full availability and usefulness for performance under this Contract. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of destruction of, or damage to, RECEIVING AGENCY assets during the period of this Contract, it shall use the proceeds to repair or replace the RECEIVING AGENCY assets. Upon termination of the relationship of the parties, the PERFORMING AGENCY shall return all property and unused supplies to RECEIVING AGENCY in good order. ARTICLE 12. Discrimination Prohibited No person it the United States shall on the grounds of race, creed, color, handicap, age, ability to pay, sex or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract. The PARTIES will comply with the regulations promulgated by the Secretary of DHHS, with the approval of the President of the United States, pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part 80). In addition, PERFORMING AGENCY shall comply with the provisions of the Rehabilitation Act of 1973, Public Law 93-112, Section 504, which insures that no individual "shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination in this program." ARTICLE 13. Equal Employment Opportunity During the performance of this Contract, PERFORMING AGENCY shall not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, national origin or handicap. PERFORMING AGENCY agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this clause. All solicitations or advertisements for employees placed by or on behalf of PERFORMING AGENCY shall state that all qualified applicants will receive consideration without regard to race, color, age, religion, sex or national origin. PERFORMING AGENCY shall comply with all provisions of Executive Order 11246, dated September 24, 1965, and all relevant rules, regulations, and orders of the Secretary of Labor. ARTICLE 14. Political Activity None of the funds, materials, property or services contributed by the PARTIES under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. In addition, none of the funds reimbursed under this Contract shall be used to pay the salary or the expenses of anyone engaged in any activity designed to influence legislation or appropriation pending before Congress. ARTICLE 15. Clean Air and Water Acts PERFORMING AGENCY agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act of 1970 (42 USC 1857 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended. ARTICLE 16. Energy Efficiency PERFORMING AGENCY agrees to recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-165). EXECUTED THIS THE 27th DAY OF January 1 19 83 . PERFORMING AGENCY: RECEIVING AGENCY: CITY OF LUBBOCK, TEXAS Name of PERFORMING AGENCY By Xk 12L A AN HENRY, Mayor ro Tem Title Mayor APPROVED AS TO CONTENT: ✓ 1t1 (SS Bo Cass, Assistant City Manager APPROVED AS TO FORM: Dofald G. Van iver, Asst. City A toxney TEXAS DEPARTMENT OF HEALTH By H rmas L. Mi er Deputy Commissioner for Management and Administration Approved: By Eck C.C. ayes, M.D. Associate Commissioner for Community & Rural Health Approveas to form: B L y Office ce of General Counsel Texas Department of Health ATTACHMENT NO. 1 BUDGET CATEGORY DESCRIPTION AMOUNT LC000 50 Capital Outlay $14,850 nonrecurring ATTACHMENT 2 FINANCIAL REPORTING REQUIREMENTS The followingprescribes uniform reporting procedures for PERFORMING AGENCY to: 1. Summarize expenditures and unexpended funds for each Contract; 2. report the status of approved cash advance; 3. request advances and reimbursements; and 4. promulgate standard forms incident thereto. Cost Reimbursement Method: Monthly, or as needed PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form #AG-37, exhibit attached) and a Request for Advance or Reimbursement (TDH Form #GC-10). Quarterly PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) by the 20th of the month following a quarter. If no previous request for funds has been I received, a Request for Advance or Reimbursement and a State of Texas Purchase Voucher shall be submitted. Annual/Final PERFORMING AGENCY shall submit a Request for Advance or Reimbursement; a Financial Status Report State Supplemental Form 269a'; and, if necessary, a State of Texas Purchase Voucher if all costs have not been reimbursed, or a refund of excess monies if costs incurred were less than funds received. Advance Method: PERFORMING AGENCY may request an advance at the beginning of the Contract period. Amount of the advance will be determined by the amount and length of the period. Amount of the advance will be liquidated in the final months of the Contract, so that after the Final Billing, the PERFORMING AGENCY will not have excess advance funds on hand. Monthly PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form #AG-37, exhibit attached) for each month of the Contract in an amount as determined above. The State of Texas Purchase Voucher may be submitted on a monthly basis or sufficient number of vouchers to cover the Contract period may be submitted when Contract signatures are obtained.. Quarterly PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) and a Request for Advance or Reimbursement (TDH Form #GC-10) by the 20th of the month following:a quarter.. Annual/Final PERFORMING AGENCY shall submit a Request for Advance or Reimburse- ment; a Financial Status Report State Supplemental Form 269a; and, if necessary, a State of Texas Purchase Voucher if all costs have not been reimbursed, or a refund of excess monies if costs incurred were less than funds received. ATTACHMENT 3. Equipment to be Purchased: Dental chair Dental unit Deluxe stool Pelton-Crane light b post adapter Mobile cabinet Cavitron,with hand piece Hand piece, slow speed with prophyangle Dental amalgamator Dental pulp tester Dental hand pieces Portable automatic dental X-ray film processor Dextrometer Audiometer i