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HomeMy WebLinkAboutResolution - 1366 - Contract - TDOH - Medical Tech II, Health Department - 04_14_1983RESOLUTION 1366 - 4/14/83 DGV:js RESOLUTION WHEREAS, the Texas Department of Health has available funding for a Medi- cal Technologist II position with the City of Lubbock Health Department, and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of citizens of the City of Lubbock to execute a contract with the Texas Department of Health providing for such position; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for 1983 and contracts for any sub- sequent years on the same terms and conditions with the Texas Department of Health for funding of a position for a Medical Technologist II with the City of Lubbock Health Department. A copy of the contract is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the City Council this 14th day of April , 1983. 1-1 r B cALMER, MAYOR ATTEST: Evelyn Gaffga, 6ity SeErelarvTreasurer APPROVED AS TO CONTENT: � Gas Bob Cass, Assistant City Manager APPROVED AS TO FORM: G. Vandiver, Asst. City Attorney "/ � `ft OF TEXAS , Q , 1 COUNTY OF TRAVIS RESOLUTION 1366 = 4/14/83 CITY 6ECRETARY-TREASURER C O N T R A C T 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 Name of PERFORMING AGENCY a(n) Public Health 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 Sign ContractsT (Title of Person Mayor , mutually agree as follows: Authorizedto SignContracts) ARTICLE 1. Scope of Work Add one Medical Technologist II. The performing agency will perform laboratory services in the types and approximate quantities specified in the budget as Attachment 1. ARTICLE 2. Terms The term of this contract shall be from Februar 1 1983 through September 30, 1983 No commitment o contract funds is per- mitted prior to the first 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 entirety. If there is a conflict between the provisions of this Contract and the Uniform Grant and Contract Management Standards, the provision of tb,- 11niform Grant and Contract Management Standards will prevail unless exnresslv stated otherwise. A copy of this Manual 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 $ 14 280.00 . Allowable reimbursable costs shall be only as outlined in the Budget, 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 of 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, Deputy Commissioner FOR RECEIVING AGENCY: Management and Administration (and/or) FOR PERFORMING AGENCY: Bill McAlister, Mayor (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 in 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 Activi 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 14th DAY OF April , 19 83. PERFORMING AGENCY: RECEIVING AGENCY: CITY OF LUBBOCK, TEXAS Name of PERFO AGEN By ✓ B IcAll.t.r Title Mayor ATZST: Evelyn Gaffga, C ty Secretary easurer APPROVED AS TO CONTENT: \2ng 0<c Bob Cass, Assistant City Manager APPROVED AS TO FORM: �� Donald G. Vandiver, Assistant City Attorney TEXAS DEPARTMENT OF HEALTH By fierma5 L Miller Deputy Commissioner for Management and Administration Approved: B y C.G. haves, M.D. Associate Commissioner for Community & Rural Health Approved as to form By k/ k-- Office of General Counse Texas Department of Health The following AGENCY to: FINANCIAL REPORTING REQUIREMENTS scribes uniform reporting procedures for PERFORMING Summarize expenditures and unexpended funds for each Contract; report the status of approved cash advance; request advances and reimbursements; and promulgate standard forms incident thereto. Cost Reimbursement Method: Monthly, or as needed PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Forml#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 fol owing a quarter. If no previous request for funds has been eceived, a Request for Advance or Reimbursement and a State of Texas Purchase Voucher shall be submitted. Annual/Final PERFORMINd AGENCY shall submit a Request for Advance or Reimbursement; a Financial Status Report State Supplemental Form 269aa 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. i Advance Method: I 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 AGEICY will not have excess advance funds on hand. Monthly PERFORMINd AGENCY shall submit a State of Texas.Purchase Voucher (TDH Forml#AG-37, exhibit attached) for each month of the Contract in an amont as determined above. The State of Texas Purchase Voucher m,y be submitted on a monthly basis or sufficient number of vouche s to cover the Contract period may be submitted when Contract ignatures are obtained. - Quarterly PERFORMING AGENCY shall submit a Financial Status Report State Supplemen al 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 PERFORMINJ AGENCY shall submit a Request for Advance or Reimburse- ment; a Freimbursed, ancial Status Report State Supplemental Form 265a; and, if necessy, a State of Texas Purchase Voucher if all costs have not been or a refund of excess monies if costs incurred were lesslthan funds received. ATTACHMENT NO. 1 BUDGET CATEGORY DESCRIPTION AMOUNT LC000 41 Grants $14,280 Provide funds for a Medical Technologist I.I position not to exceed $1.785.00 per month. Laboratory supplies and equipment in accordance with the following schedule of tests through September 30, 1983. Approximate No. Cost of Supplies of Samples Type of Test Per Specimen Total 10,000 Water Bacteriology $0.30 $3,000 2,000 Milk Bacteriology and Chemistry 0.35 700 12,000 Syphilis Serology 0.10 1,200 18,000 Gonorrhea Bacteriology 0.20 3,600 600 Other tests: Enteric Bacteriology Darkfield Microscopy Food Bacteriology MHA-TP Serology $8,590