HomeMy WebLinkAboutResolution - 5450 - Contract - TDOH - HIV Prevention Activities - 03_27_1997Resolution No. 5450
Item #18
March 27, 1997
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 for HIV prevention activities,
attached herewith, by and between the City of Lubbock and Texas Department of Health, and
any associated documents, which Contract 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 March , 1997.
ATTEST:
Kaj Darnell, City Secretary �--
"PROVED AS TO CONTENT:
YUM zl-
Mary Stfanje, Medical ervices Manager
APPROVED AS TO FORM:
Donald G. Vandiver,
City Attorney
DG V:gs/ccdocs/HiVPrev.res
March 7, 1997
RESOLUTION NO. 5450
• Item # 18
March 27, 1997
A
CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7560005906 98
Contract Issued by: TEXAS DEPARTMENT OF HEALTH CT
(RECEIVING AGENCY) 1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
Legal Authority to Contract: Chapters 12 and 121, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in
Travis County, Texas.
PERFORMING AGENCY NAME: LUBBOCK CITY HEALTH DEPARTMENT
MAILING ADDRESS: P. O. BOX 2548 LUBBOCK TX 79408-2548
(City, State, Zip)
STREET ADDRESS: 1902 TEXAS AVENUE LUBBOCK TX 79405-1117
(City, State, Zip)
NAME OF AUTHORIZED
CONTRACTING ENTITY: CITY OF LUBBOCK
(if different from PERFORMING AGENCY)
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State
Comptroller's Office.):
NAME: CITY OF LUBBOCK HEALTH DEPARTMENT
ADDRESS: P. O. BOX 2000 LUBBOCK TX 79457-0000
(City, State, Zip)
.State of Texas Vendor Identification No. (14 digits)
PAYEE AGENCY Fiscal
17560005906037
Year Ending Month: September
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
_ Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently
owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
_ Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit
in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been
historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic
American, Asian Pacific American, Native American, and Women. The HUB must be certified by General Services Commission or
another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 - Receiving and Performing Agency Data GENERAL PROVISIONS
COVER PAGE 2 - Details of Attachment(s) ATTACHMENT(S)
COVER PAGE 3 - Authorized Signatures EXHIBITS, IF APPLICABLE
Cover Page 1
C
G 976 p
�l �. 3S
G�M£�ro/�
DETAILS OF ATTACHMENTS
Att/
Amd
No.
TDH
Program/
ID
Term
Financial Assistance
Direct
Assistance
Total Amount
(TDH Share)
Begin
End
Source of
Funds*
Amount
01
1 HIV/PCPEEDUC
01/01/97
1 12/31/97
193.940
41,933.00
0.00
41,933.00
TDH Document No.7560005906 98 Totals
$41,933.00
$0.00
$41,933.00
*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.
CITY OF LUBBOCK
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME:
LUBBOCK CITY HEALTH DEPARTMENT
By:
(Signature of pers uthorized to sign contracts)
Windy Sitton, Mayor
(Name and Title)
Date: March 27, 1997
RECOMMENDED:
RECEIVING AGENCY NAME:
TEXAS DEPARTMENT OF HEALTH
By: G -,
ure of person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date: 1 - -7 L -
APPROVED AS TO FORM:
By; 64ur By: ZA711 l J01,
ERFO G AGENCY Director, if different 6ffice of General Counsel
from person Xthorized to sign contract)
1 1• 'i • •1.1�1 •1• •:
Cover Page 3
RECEIVED
9 / JAN -6 PM Zi 36
GRANTS MANAGEMENT DIV.
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH CONTRACTS
PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this contract, to
faithfully perform the duties prescribed by this contract, and to uphold and abide by the terms and provisions of this
contract. PERFORMING AGENCY and RECEIVING AGENCY agree that this contract consists of receiving and
performing agency data, authorized signatures, general and/or special provisions, exhibit(s), if any, Attachment(s) with
detailed scope(s) of work and budget(s), as applicable, and Details of Attachment(s). This contact represents the complete
and entire understanding and agreement of the parties. 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 representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee that
he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of
PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances,
and provisions.
PERFORMING AGENCY assures compliance with the following terms and conditions unless otherwise specified in the
Attachment(s) hereto:
ARTICLE 1. Scnpe 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 into this contract for all purposes as though
it were set out word-for-word in this document along with amendments which may be added by additional Attachment(s)
from time to time as set out in the Amendments Article.
Satisfactory performance of this contract will be measured in part by (1) adherence to the contract; (2) results of CPA
or State Auditor reports; (3) timeliness, completeness, and accuracy of required reports, and (4) achievement of
performance measures.
ARTICLE 2. Term
The time period of this contact will be governed by the term(s) on the Attachment(s). No commitment of contract funds
is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or shortened by
amendment(s).
ARTICLE 3. Etmding
This contract is contingent upon finding being available for the term of the Attachment(s) and PERFORMING AGENCY
will have no right of action against RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform
its obligations 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 finds become unavailable, provisions of the Termination Article will apply.
ARTICLE 4. Amendments
No different or additional services, work, or products shall be authorized or performed except pursuant to an amendment
or modification of this contract that is executed in compliance with this Article. No waiver of any term, covenant, or
condition of this contract shall be valid unless executed in compliance with this Article. The PERFORMING AGENCY
shall not be entitled to payment for any services, work, or products which are not authorized by a properly executed
contract amendment or modification.
(IBS) 1997 GENERAL PROVISIONS - Page 1 (5/96)
This contract may be modified unilaterally under the terms of the Sanctions Article. Otherwise, this contract may not
be amended or modified unless such amendment or modification is in writing and signed by individuals with authority
to bind the parties.
ARTICLE 5.
If any provision of this contract is construed to be illegal or invalid, this will not affect the legality or validity of any of
its other provisions. The illegal or invalid provision will be deemed stricken and deleted to the same extent and effect
as if never incorporated herein, but all other provisions will continue.
ARTICLE 6. An= licahl Taws and S an ards
This cor, , r: - I will be governed by the laws of the State of Texas and enabling state/federal regulations, including federal
grant requirements applicable to funding sources. 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 the Uniform Grant and Contract Management Act (UGCMA), Chapter 783, Texas
Government Code, and the Uniform Grant and Contact Management Standards (UGCMS) as amended by revised federal
circulars and incorporated in UGCMS by the Governor's Budget and Planning Office, apply 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, UGCMA and UGCMS, the provisions of UGCMA and UGCMS will prevail unless expressly stated
otherwise. A copy of the UGCMS manual and its references will be 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 the applicable Administrative Requirements and Cost Principles as set out in Article 10, below.
Copies of these documents will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request and
are incorporated by reference as a condition of this contract.
In accordance with 31 U.S.C. §1352 (§1352 of Public Law (P.L.] 101-121 effective December 22, 1989), PERFORMING
AGENCY is prohrbied 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 fLm& provided by RECEIVING AGENCY to PERFORMING AGENCY have been used for payment to lobbyists.
Regardless of funding source, if a contract Attachment exceeds $100,000, PERFORMING AGENCY will provide to
RECEIVING AGENCY a certification of the names of any and all registered lobbyist, with whom PERFORMING
AGENCY has an agreement. This certification form is available upon request and must be forwarded to RECEIVING
AGENCY along with the names of any lobbyist, if applicable, within 90 days of receipt of the executed contract.
PERFORMING AGENCY certifies by execution of this contract that it payment of franchise taxes is current or, if
PERFORMING AGENCY is exempt from payment of ftatchise 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.
PERFORMING AGENCY agrees to comply with the requirement of the Immigration Reform and Control Act of 1986
and Immigration Act of 1990, 8 USC §§1101, et seq., regarding employment verification and retention of verification
forms for any individual(s) hired on or after November 6, 1986, who will perform any labor or services under this
contract.
(LFIS) 1997 GENERAL PROVISIONS - Page 2 (5196)
ARTICLE 7, Dehannent 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 and 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.
ARTICLES. 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.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully
comply with the following: Tale VI of the Civil Rights Act of 1964, 28 USC §1447, 42 USC §§2000d to 2000d-4 (P.L.
88-352); §504 of the Rehabilitation Act of 1973, 29 USC §794 (P.L. 93-112); The Americans with Disabilities Act of
1990, 29 USC §706, 42 USC §§12101, et seq., 47 USC §§152, 221, 225, 611 (P.L. 101-336); and all amendments to
each, and all requirements imposed by the regulations issued pursuant to these acts, especially 45 CFR Part 80 (relating
to race, color and national origin), 45 CFR Part 84 (relating to handicap), 45 CFR Part 86 (relating to sex), and 45 CFR
Part 91 (relating to age).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the basis
of race, color, national origin, age, sex, disability, or political or religious beliefs; PERFORMING AGENCY agrees that
in carrying out the terms of this contract, it will do so in a manner which will assist RECEIVING AGENCY to comply
with such obligations to the lirllest extent of PERFORMING AGENCY's ability. PERFORMING AGENCY will use
its best efforts to make available employment opportunities for qualified disabled individuals.
PERFORMING AGENCY agrees to comply with the non-discriminatory requirements of Texas Labor Code, Chapter
21, which requires that certain employers not discriminate on the basis of race, color, disability, religion, sex, national
origin, or age.
PERFORMING AGENCY agrees to comply with the Pro -Children Act of 1994, 20 USC §§6081 to 6084 (P.L. 103-227;
108 Stat 271 §104) regarding the provision of a smoke -free workplace and promoting the non-use of all tobacco products.
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, 42 USC
§§4321 to 4332 (P.L. 91-190) and "Protection and Enhancement of Environmental Quality," Executive Order (EO) 11514;
(b) notification of violating facilities pursuant to "Providing for Administration of the Clean Air Act and the Federal Water
Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," EO 11738; (c) conformity of Federal actions
to State (Clear Air) 1mplemeatatkmPlans under §176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 -
7642 ); and (d) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, 21 USC §349, 42 USC §§300f to 300j-9 (P.L. 93-523).
If applicable, PERFORMING AGENCY will comply with National Research Service Award Act of 1971, 42 USC
§289L-1, 20 USC §§2080 - 6081 (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.
(LIPS) 1997 GENERAL PROVISIONS - Page 3 (5/96)
If applicable, PERFORMING AGENCY will comply with the Clinical Laboratory Improvement Amendments of 1988
(CLIA), 42 U.S.C. §263a (P.L. 100-578) which establish federal requirements for the regulation and certification of
clinical laboratories.
If applicable, PERFORMING AGENCY will comply with the OSHA Regulations on Bloodborne Pathogens, 56 Fed. Reg.
64175 (1991), 29 CFR 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.
ARTICLE 9. Standardc Fnr Financial and PrnZc nmmntir Manage en
PERFORMING AGENCY will develop, implement, and maintain financial management and control systems that meet
or exceed the requirements of UGCMS. Those requirements include at a minimum:
1 _ Financial planning, including the development of budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs;
2. Financial management systems 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 a4justing 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, at no cost to the client, for services provided
under the Attachment(s). 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.
PERFORMING AGENCY, if designated a 501(c)(3) organization as defined in the Internal Revenue Code or a for -profit
organization, and its governing board, shall bear full responsibility for the integrity of the fiscal and programmatic
management of the organization. Such management shall include accountability for all funds and materials received from
the RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, and procedures, and applicable
federal and stare laws and regulations; and correction of fiscal and program deficiencies identified through self -evaluation
and the RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other requirements
contained or referenced in the contact shall not constitute a defense or basis for waiving or appealing such provisions
or requirements. Further, PERFORMING AGENCY's governing board shall ensure separation of powers, duties, and
functions of board members and staff.
ARTICLE 10.
Only those costs allowable under UGCMS and any revisions thereto plus any applicable federal cost principles are eligible
for reimbursement under this contract. Applicable cost principles, audit requirements and administrative requirements
are as follows:
Audit Adminietratim-
A-87, State & Local Govet>z== Circular A-128 UGCMS
(IIIS) 1997 GENERAL PROVISIONS - Page 4 (5/96)
To be eligible for reimbursement under this contract, a cost must have been incurred and paid by PERFORMING
AGENCY within the applicable Attachment term prior to claiming reimbursement from RECEIVING AGENCY. Costs
encumbered by the last day of the applicable Attachment term must be liquidated no later than 45 days after the end of
the applicable Attachment term.
Effective July 1, 1996, each PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY receiving $300,000
or more in total federal/state financial assistance during its fiscal year shall arrange for a 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 OMB Circulars, Government Auditing
Standards, and UGCMS. For the purposes of this contract, the audit provisions of OMB Circular A-133 shall apply to
for -profit contracting entities. Procurement of audit services will comply with state procurement procedures, as well as
the provisions of UGCMS.
If PERFORMING AGENCY is receiving less that $300,000 in total federal/state financial assistance during their fiscal
year, RECEIVING AGENCY will provide PERFORMING AGENCY written audit requirements.
OMB Circulars shall be applied with the following modifications: All references to 'Federal Grantor Agency(ies)" shall
be expanded to read "Federal or State Grantor Ageney(ies)." All references to "Federal Grant Funds" or "Federal
Assistance" shall be expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal
or State Law;" and all references to `Federal Government" shall be expanded to read "Federal or State Government." as
applicable.
Within 30 days of receipt of the audit report, PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY will
submit a copy to RECEIVING AGENCY's Internal Audit Division.
ARTICLE 11. Qvprtimp f'nmVencatinn
Now of the funds provided by this contract will be used to pay overtime. PERFORMING AGENCY will be responsible
for any obligations of overtime pay due employees.
ART'ICI,IE 12. Termc And C`nnditinns of %SMPut
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 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 the
applicable Attachment temz(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 Chapter
2251, Texas Government Code . .
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 cotr = 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.
am 1997 GENERAL PROVISIONS - Page 5 (5196)
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 trade to ,PERFORMING AGENCY for any ineligible expenditures not refunded to
RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from this contract Attachment or other
active contract Attachments with the same funding source between the parties in amounts necessary to fulfill
PERFORMING AGENCY repayment obligations.
Payment may be denied for noncompliance if required financial reports are not on file for previous quarters or for the
final period, for failure to respond to financial compliance monitoring reports, for failure to submit independent audit
reports as required by applicable OMB Circulars, or if program requirements are not met as specified in the Scope(s) of
Work.
ARTICLE 13. A_dvaneP Pnymentc
PERFORMING AGENCY may request, in writing, a one time advance per Attachment with written justification and
the concurrence of RECEIVING AGENCY. Amount of advance will be determined by the amount and term of the
applicable Attachment(s). For each twelve (12) month Attachment, the amount of the advance will not exceed one -sixth
(1/6th) of the total reimbursable amount. Advance will be requested on a State of Texas Purchase Voucher at the
beguming of the applicable Attachment period or at a single later time in the applicable Attachment period if circumstances
so warrant and the request is approved. Advance funds will be liquidated during the applicable Attachment term so that,
after final monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance funds may be
d= only to meet immediate cash needs for disbursement.
..=dmer:: applicable Attacbment(s) may require upward or downward adjustment to the allowable advance until it
--!s ::-)tti of a twelve-month Attachment. ladle case of a downward adjustment, PERFORMING AGENCY and
IVI: kGENCY will agree on the amount of adjustment to the advance. RECEIVING AGENCY retains the
op':.,n to rcuuce future claims by the required amount. In the case of an upward adjustment and if 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.
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 Cbapter 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 directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the term of the 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:
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. PERFORMING AGENCY agrees program income
will be used to further the program objectives of the State/Federal statute under which the Scope of Work for
the Attachment(s) was trade and must be spent in the same project where it was generated. Program income
earned in a current budget period and not expended in that budget period may be carried forward to the next
(IBS) 1997 GENERAL PROVISIONS - Page 6 (5196)
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 applicable 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).
ARTICLE 15. Fnan ►ate l RepoM
Financial reports are required as provided in UGCMS and will be filed by PERFORMING AGENCY regardless of
whether or not expenses have been incurred. A Financial Status Report, State of Texas Supplemental Form 269a
(TDH Form GC-4a), will be submitted within 30 days following the end of each of the first three quarters. A final
financial report, State of Texas Supplemental Form 269a (TDH Form GC-4a), will be submitted not later than 45 days
following the end 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.
ARTICLE 16. Reinnrts and T 'o c
PERFORMING AGENCY will submit financial, program, progress, and other reports as requested by RECEIVING
AGENCY in the format agreed to by the parties hereto. -
RECEIVING AGENCY and, when federal funds are irrmlved, any authorized representative(s) of the federal govertunent
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 mom* 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 Attacbment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment.
Payment under Attachment(s) 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 finds, as provided in Terms and Conditions of Payment Article. 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 Rernr c
PERFORMING AGENCY, or any subcontractor, shall not transfer an identifiable client record, including a patient
record, to another entity or person with= written consent from the client or patient, or someone authorized to act on his
(WS) 1997 GENERAL PROVISIONS - Page 7 (5196)
or her behalf, however, the RECEIVING AGENCY may require the PERFORMING AGENCY, or any subcontractor,
to transfer a client or patient record to another agency or to the RECEIVING AGENCY if the transfer is necessary to
protect either the confidentiality of the record or the health and welfare of the client or patient.
At the end of the Attachment term, all client or 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 or patient records upon written
notice to PERFORMING AGENCY, either to another entity that agrees to continue the service or to RECEIVING
AGENCY.
Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING AGENCY shall
share all patient information with the RECEIVING AGENCY when the contract involves patient care by ttic
PERFORMING AGENCY. The PERFORMING AGENCY shall attempt to obtain a release of medical information from
the client or patient or someone authorized to act on his or her behalf permitting the transfer of information outside the
PERFORMING AGENCY on forms supplied by the RECEIVING AGENCY. If the patient refuses to sign the release
of information form, the information will be shared with the RECEIVING AGENCY devoid of all identifiers of a personal
nature, as specified by RECEIVING AGENCY.
ARTICLE 18. Cnnfidentin tr
PERFORMING AGENCY will have a system in effect to protect client or patient records and all other documents
deg- ned confidential by law which are maintained in connection with the activities funded under contract. Any disclosure
o: -.::!sfer of confidential client or patient information by PERFORMING AGENCY, including information required by
reports ;rd Inspections Article, will be in accordance with applicable law.
L Ading ��c t client care, services, or programs, PERFORMING AGENCY agrees to implement workplace policies
base:. 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 immunodeficiency syndrome (AIDS)
in accordance with §85.113 of the Health and Safety Code.
ARTICLE 19. Equipment and Supplies
Equipment is defined as tangible nonexpendable property with as 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, §12.053, title to all equipment and supplies 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 Atrachment(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, 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 contract 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 contract, it will use the proceeds to repair or replace said
assets.
Xffs) 1997 GENERAL PROVISIONS - Page 8 (5196)
PERFORMING AGENCY agrees that upon termination of applicable Attachment(s), title to any remaining equipment
and supplies purchased from funds as hereinabove provided will be transferred to the RECEIVING AGENCY or any
other parry 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.
In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment, and
supplies in possession of PERFORMING AGENCY from the bankruptcy.
ARTICLE 20. Snh nntraMng
PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited in
specific Attaebment(s). Subcontracts, if any, entered into by PERFORMING_ AGENCY trust be in writing, be executed
on an annual basis and include the following information: 1) name and address of all parties, 2) well defined scope of
work, 3) measurable method and rate of payment, 4) clearly defined and executable termination clause, and S) have
beginning and ending dates coinciding with the dates of the applicable contract Attachment(s). PERFORMING AGENCY
must ensure that 1) subcontracts include any clauses required by State/Federal statutes, executive orders, and their
implementing regulations; and 2) subcontractors are aware of requirements imposed upon theme by State/Federal statutes
and regulations.
PERFORMING AGENCY will pass down audit requirements referenced in Article 10 to subcontractors where
appropriate and will maintain records sufficient to ensure that required audits have been completed in accordance with
applicable OMB circulars.
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.
Fix z4 y to .,.,J,1 L , v.i,,. :,, ,
PERFORMING AGENCY understands and agrees that where activities supported by the contract Attachments(s) produce
original books, manuals, films, or other original material, PERFORMING AGENCY may copyright such material subject
to the royalty -free, nonexclusive, and irrevocable license which is hereby retained by the federal government (if federal
funds have been used) and/or RECEIVING AGENCY, state government or any agency thereof to reproduce, publish or
otherwise use, and to authorize others to use for government purposes (a) the copyright in any work developed under a
grant, subgrant, or contract under a grant or subgrant, and (b) any rights of copyright to which a grantee, subgrantee or
a contractor purchases ownership with grant support. Use of the copyright for government purposes includes the right
to change the books, manuals, films, or other original material as necessary to use for governmental purposes.
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 Ieast 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 $ 401.14 or FAR 52.227.11.
ARTICLE 22. Hold Harmlesn
To the extent authorized by law, 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,
(LHS) 1997 GENERAL PROVISIONS - Page 9 (5/96)
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.
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. landing SEE NEW ARTICLE 23 ATTACHED.
ING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of
provided under the co (s) up to $100,000 that protects each employee of MMnTG AGENCY
L
dsunder thiscontract,inc nm ds The fidelity bond or insurance
for indemnification of losses y: (1) an or dishonest act or acts committed by any
RM s employees either individually or in concert wi d/or, (2) failure of
ING AGENCY or any of its employees to perform faithfully his/her duties or to account prop r-all
monies and property received by virtue of his/her position or employment.
ARTICLE 24. Historically find nrtili7ed R rcinesses
RECEIVING AGENCY trust comply with Texas Government Code, Chapter 2161, and 1 Texas Administrative Code
(TAC) §§111.11-111.24, whereby state agencies are required to make a good faith effort to assist historically underutilized
businesses (HUBS) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
materials, or equipment," services, or public works. PERFORMING AGENCY agrees to assist RECEIVING AGENCY
by complying with the same requirements.
A HUB is defined in the Texas Government Code §2161.001(2) as "
(A) a corporation formed for the purpose of making a profit in which 51 percent or more of all classes of
the shares of stock or other equitable securities are owned by one or more socially disadvantaged
persons who have a proportionate interest and actively participate in the corporation's control,
operation, and management;
(B) a sole proprietorship created for the purpose of making a profit that is completely owned, operated, and
controlled by a socially disadvantaged person;
(C) a partnership formed for the purpose of making a profit in which 51 percent or more of the assets and
interest in the partnership are owned by one or more socially disadvantaged persons who have a
proportionate interest and actively participate in the partnership's control, operation, and management;
(D) a joint venture in which each entity in the venture is a historically underutilized business, as determined
under another paragraph of this subdivision; or
(E) a supplier contract between a historically,tndPmtilized business as determined under another paragraph
of this subdivision and a prime contractor under which the historically underutilized business is directly
involved in the manaf Lcture or distribution of the goods or otherwise warehouses and ships the goods."
"Socially disadvantaged person" is defined in Texas Government Code §2161.001(3) as "...a person who is socially
disadvantaged because of the person's identification as a member of a certain group, including Black Americans, Hispanic
Americans, women, Asian Pacific Americans and Native Americans, and who has suffered the effects of discriminatory
practices or other similar insidious circumstances over which the person has no control."
PERFORMING AGENCY agrees to:
1) make a -good faith effort to subcontract with HUBS during the performance of its contract Attachment(s) with the
RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis for each contract
Attachment less than S100,000; and
2) comply with the requirernenis for good faith efforts fotmd at 1 TAC §§111.11-111.114 as a condition of receiving
the contract award and for continuation of each contract Attachment when either exceeds $100,000. In addition,
(LEIS) 1997 GENERAL PROVISIONS - Page 10 (5196)
PERFORMING AGENCY will report HUB subcontract activity on a quarterly basis for each contract
Aft. If PERFORMING AGENCY complied with this requirement during the competitive procurement
process for the contract Attachment, no further action is necessary prior to the execution of this
contract/amendment. If PERFORMING AGENCY has not complied with this requirement because there was
no competitive procurement process, PERFORMING AGENCY must comply with the good faith effort process
found at 1 TAC §§111.11-111.114 prior to contract execution.
PERFORMING AGENCY is responsible for being familiar with the TAC requirements and noncompliance with these
requirements will be grounds for termination. Copies of the applicable section of TAC are available upon request.
ARTICLE 25. Snnetinns
PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both for
programmatic and financial noncompliance. RECEIVING AGENCY at its own discretion may impose one or more
sanctions for each item of noncompliance and will determine sanctions on a case -by -case basis. Both parties ague that
a state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this ARTICLE unless
the statute, rule, regulation, or guideline can be read together with the provision(s) of this ARTICLE to give effect to
both. RECEIVING AGENCY may:
1) terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING
AGENCY's authority to obligate previously awarded funds before that authority would otherwise
expire, or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously
awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by the
PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized
by the notice of termination.
2) suspend all or part of the contract. Suspension is the temporary withdrawal of the PERFORMING
AGENCY's authority to obligate funds pending compliance by the PERFORMING AGENCY or its
subconuactor(s) or pending a decision to terminate or modify the contract. PERFORMING AGENCY
costs resulting from obligations incurred by the PERFORMING AGENCY during a suspension are not
allowable unless expressly authorized by the notice of suspension.
3) tempora ily or permanently withhold cash payments. Withholding of cash payment means that the
RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to recover
payments already made for undocumented, disputed, inaccurate, or erroneous claims; obtain refunds
for overpayment for any reason; or obtain compliance.
4) deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period
of time not to exceed five years.
5) delay contract execution. with the PERFORMING AGENCY while other proposed sanctions are
pending resolution.
6) amend all or a part of the contract as a result of the noncompliance.
T) place the PERFORMING AGENCY on probation. Probation means that the PERFORMING
AGENCY will be placed on accelerated monitoring for a period not to exceed six months at which
time items of noncompliance must be resolved or substantial improvement shown by the
PERFORMING AGENCY.
8) conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means
more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would
routinely be accomplished.
9) require the PERFORMING AGENCY to obtain technical or management assistance.
10) disallow claims by rejecting costs or fees claimed for payment or reimbursement by PERFORMING
AGENCY.
11) establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY.
12) require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY.
13) demand repayment from the PERFORMING AGENCY.
(LES) 1997 GENERAL PROVISIONS - Page 11 (5196)
14) reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend finds appropriately and at a rate which will make full use of the award, or to provide services
as set out in the contract.
15) take any other action which is deemed appropriate.
RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed with
the exception of accelerated monitoring, which may be unarmounced. PERFORMING AGENCY is required to file, within
15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that sett the notice,
acknowledging receipt of such notice and how the PERFORMING AGENCY will correct the noncompliance.
RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, temporarily or permanently
withhold cash payments, deny contract renewal or future contract awards, delay contract execution, or amend all or a part
of the contract in an emergency by delivering a written notice to a PERFORMING AGENCY by any method stating the
reason for the emergency action. The emergency may be a result of the PERFORMING AGENCY's noncompliance
having a direct adverse impact on the public or client health or safety, failure to achieve a performance measure, being
reimbursed for expenditures which are not in accordance with applicable federal or state laws and regulations or the
provisions of the contract, or expending funds inappropriately.
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or part
of the contract, suspension of all or part of the contract, permanent withholding of cash payments, denial of contract
renewal or future contract awards, and contract amendment as a result of the noncompliance. PERFORMING AGENCY
must make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of
notification_
ARTICLE 26. Termination
In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all
requirements contained herein, unless extended in writing, or prior to completion of the contract term, all or a part of
this contract may be terminated for any of the following reasons:
1) Termination in the Best Interest of the State. This contract may be terminated by RECEIVING
AGENCY at any time when, in the sole determination of RECEIVING AGENCY, termination is in
the best interests of the State of Texas.
2) Termination by Agreement. This contract may be terminated, in whole or in part, when both parties
mutually agree that continuation of the contract would not achieve the objectives and goals of the
contract and that continuation would not be mutually beneficial.
3) Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole
or in part, upon the following conditions:
(a) The PERFORMING AGENCY makes an assignment for the benefit of its creditors, or admits
in writing its inability to pay its debts generally as they become due, or consents to the
appointment of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all
or any part of its property; if judgment for the payment of money in excess of $50,000.00
(which is not covered by insurance) is rendered by any court or governmental body against
the PERFORMING AGENCY, and the PERFORMING AGENCY does not discharge the
judgment or provide for its discharge in accordance with its terms, or procure a stay of
execution thereof within 30 days from the date of entry thereof, and within the 30-day period
or a longer period during which execution of the judgment shall have been stayed, appeal
therefrom and cause the execution thereof to be stayed during such appeal while providing
such reserves therefore as may be required under generally accepted accounting principles;
or a writ or warrant of attachment or any similar process shall be issued by any court against
all or any material portion of the property of the PERFORMING AGENCY, and such writ
(ISS) 1997 GENERAL PROVISIONS - Page 12 (5/96)
M
W
or warrant of attachment or any similar process is not released or bonded within 30 days after
its entry; or
(b) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to
adhere to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction; or
(c) The PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as
required by the contract; or
(d) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract; or
(e) The RECEIVING AGENCY makes a written determination that the PERFORMING
AGENCY has failed to substantially perform under this agreement, which determination
specifies the events resulting in the state's determination that the PERFORMING AGENCY
has failed to substantially perform under this agreement; or
(f) Either parry makes a written determination that the other party has committed a material
breach of any term(s) of this contact; or
(g) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the.
personnel or resources to perform under the contract; or
(h) A receiver, conservator, liquidator, or trustee of the PERFORMING AGENCY, or any of
its property is appointed by order or decree of any court or agency or supervisory authority
having jurisdiction; or an order for relief is entered against the PERFORMING AGENCY,
under the Federal Bankruptcy Code; or the PERFORMING AGENCY is adjudicated bankrupt
or insolvent; or any portion of the property of the PERFORMING AGENCY is sequestered
by taut order and the order remains in effect for more than 30 days after such party obtains
knowledge thereof; or a petition is filed against the PERFORMING AGENCY under any
state, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation,
or receivership law of any jurisdiction, whether now or hereafter in effect, and such petition
is not dismissed within 30 days; or
(1) The PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking
relief under any provision of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether
now or hereafter in effect, or consents to the filing of any case or petition against it under any
such law; or
6) The PERFORMING AGENCY fails to comply with any of the terms, conditions or
provisions of the agreement, in any manner whatsoever.
Written notice will be provided at least 30 days prior to the intended date of termination unless an emergency exists.
If either party gives notice of its intent to terminate all or a part of this contract, RECEIVING AGENCY and
PERFORMING AGENCY will try to resolve any issues related to the anticipated termination in good faith during the
notice period. Upon termination of all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY
will be discharged from any further obligation created under the applicable terms of this contract except for the equitable
settlerne„t of the respective accrued interests or obligations incurred prior to termination. Termination does not, however,
constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the PERFORMING
AGENCY to retain records and maintain confidentiality of information shall survive this contract.
ARTICLE 27. 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.
(IBIS) 1997 GENERAL PROVISIONS - Page 13 (5/96)
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer within
its organization any and all state budgeted personnel funded 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 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 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 through
assignment 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 applicable 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 if the request is granted.
PERFORMING AGENCY agrees to defend and indemnify RECEIVING AGENCY for any and all claims and/or
judgments taken against any employees, state or local, or against the RECEIVING AGENCY, arising out of any claims
or cause of action against any such employees, except to the extent that employees on state budgeted positions may be
indemnified and the state may be liable for certain acts pursuant to Chapter 104 of the Civil Practice and Remedies Code
of Texas and any other applicable law. The PERFORMING AGENCY agrees to indemnify and hold harmless the
RECEIVING AGENCY for any and all claims and/or judgments taken against RECEIVING AGENCY by employees
of the PERFORMING AGENCY that are funded by the Attachment(s) to this contract.
ARTICLE 28. Fending Pnrfiripnfinn Requirement
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 29. Stirviynl of Terms
Termination or expiration of this contract for any reason shall not release either parry from any liabilities or obligations
set forth in this contract that (i) the parties have expressly agreed shall survive any such termination or expiration, or (ii)
remain to be performed or by their nature would be intended to be applicable following any such termination or
expiration.
(WS) 1997 GENERAL PROVISIONS - Page 14 (5/96)
ARTICLE 30.
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY. INTENDED
TO CONSTITUTE A WAIVER BY RECEIVING AGENCY OR THE STATE OF TEXAS OF ANY IMMUNITIES
FROM SUIT OR FROM LIABUM THAT RECEIVING AGENCY OR THE STATE OF TEXAS MAY HAVE BY
OPERATION OF LAW.
alm 1997 GENERAL PROVISIONS - Page 15 (5196)
01/22/97 12144 FAX 806 762 5506 LUBBOCK IIEA1.Ti!
lb 003
Article 23. Bonding
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or
self-insurance equal to the amount of funding provided under the contract Attachment(s)
up to $100,000 that protects each employee of the PERFORMING AGENCY handling
funds under this contract, including person(s) authorizing payment of such funds. The
fidelity bond, insurance or self-insurance will provide for indemnification of losses
occasioned by: (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.
"uAnsbor d.doc
RESOLUTION NO.
Item #18
March 27, 1997
DOCUMENT NO. 7560005906 -98
ATTACHMENT NO. 01
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: BUREAU OF HIV AND STD PREVENTION
TERM: January 01, 1997 THRU: December 31, 1997
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY agrees to conduct HIV prevention activities to help prevent infection
and reduce the transmission of human immunodeficiency virus/acquired immunodeficiency
syndrome (HIV/AIDS). Project activities and materials will be appropriate to the target
populations identified in PERFORMING AGENCY'S objectives described below. Strategies to
accomplish the projects must demonstrate cost-effectiveness, innovation, coordination, and
collaboration with other community efforts.
All information and educational 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
RECEIVING AGENCY'S request for proposal (RFP) and assurances, and PERFORMING
AGENCY'S objectives, activities work plan, and detailed budget as approved by RECEIVING
AGENCY, and with the relevant Regional Action Plan for the region/area in which
PERFORMING AGENCY is providing services. All of the above -named documents are
incorporated herein by reference and made a part of this Attachment. All revisions to said
documents will be approved by RECEIVING AGENCY and transmitted in writing to
PERFORMING AGENCY.
Prevention activities under this Scope of Work may include Prevention Counseling/Partner
Elicitation (PCPE) OR Health Education/Risk Reduction (HERR) OR both PCPE and HERR.
PCPE ACTIVITIES:
PCPE activities include establishing and maintaining anonymous and/or confidential HIV testing
programs for persons at risk of HIV infection due to individual sexual behavior, injecting drug
use, or other risk behaviors.
If PERFORMING AGENCY provides PCPE services, these services must be targeted to those
populations identified as priority populations in the relevant Regional Action Plan and specified
in PERFORMING AGENCY'S objectives. PERFORMING AGENCY must:
ATTACHMENT - Page 1
1. Offer voluntary HIV testing to clients with the option of receiving services either
anonymously or confidentially according to RECEIVING AGENCY Serologic
Testing and Documentation Guidelines, February 1994.
2. Provide culturally sensitive and effective PCPE counseling based on RECEIVING
AGENCY approved guidelines.
3. Publicize HIV counseling and testing services so that potential clients will know
where and when services are available.
4. Offer HIV PCPE services at locations that are convenient for the majority of the
target population and during hours established to reach these clients.
5. Use optically scannable forms supplied by RECEIVING AGENCY or a similar
RECEIVING AGENCY approved instrument to collect demographic information
and unlinked test result data. This includes the accurate completion and timely
submission of scannable forms according to the guidelines in the HIV Counseling
and Testing Report Manual, November 1994, which has been provided by
RECEIVING AGENCY.
6. Utilize RECEIVING AGENCY'S laboratory for all ELISA and Western Blot
testing unless otherwise approved in writing by RECEIVING AGENCY.
7. Develop and maintain a referral plan by which reciprocal linkages are established
with other service providers (especially other RECEIVING AGENCY funded
providers) for the purpose of effectively referring individuals for appropriate
medical, case management, mental health, and social and support services.
PERFORMING AGENCY will perform the following Partner Elicitation (PE) Services:
1. All PE services must be consistent with RECEIVING AGENCY'S Seropositive
and Partner Notification Guidelines, February 1994 or most current version, which
has been provided by RECEIVING AGENCY, and are incorporated by reference
and made part hereof.
2. Partner notification must be addressed as an element of every test decision
counseling session.
3. Notification of partners to PERFORMING AGENCY'S area local health
department will be encouraged. Adequate partner locating/descriptive information
will be elicited and referred to PERFORMING AGENCY'S area local health
department.
ATTACHMENT - Page 2
4. If the client prefers to make the partner notification personally, provide counseling
guidance/coaching on how, when and where to make each notification.
5. PERFORMING AGENCY agrees to report PE data to RECEIVING AGENCY on
the Partner Elicitation Report Form (PERForm) that has been provided by
RECEIVING AGENCY.
PERFORMING AGENCY agrees to comply with the following Quality Assurance Guidelines:
1. PERFORMING AGENCY assures that prevention counseling sessions are
performed by staff who have successfully completed PCPE training from a course
and instructor approved by RECEIVING AGENCY.
2. PERFORMING AGENCY will conduct monitoring of PCPE sessions. Through
the use of Quality Assurance Systems (QAS), PERFORMING AGENCY'S
program manager will possess current information and will monitor counselor
performance (at least monthly for months 1-6 of employment, bimonthly for
months 7-12, and quarterly for experienced counselors whether directly supervised
or on independent assignment). A written record (RECEIVING AGENCY skills
assessment form or other RECEIVING AGENCY approved model, a copy of
which has been provided by RECEIVING AGENCY) of the monitored session is
to be kept on file.
3. PERFORMING AGENCY agrees to facilitate RECEIVING AGENCY review of
scheduled PCPE sessions.
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
& Welfare) of the U.S. Code, as amended.
PERFORMING AGENCY will provide an estimated 'M PCPE sessions which involve one-on-
one interaction between a counselor and client that includes the following characteristics:
-- assisting the client to assess personal risk level,
-- formulating individualized risk reduction plans,
-- test decision counseling,
-- elicitation from HIV -infected clients of partner information, including information
about any spouses the client has had within the ten-year period prior to diagnosis,
and,
-- appropriate referrals, particularly of HIV -infected pregnant females for pre -natal
care.
ATTACHMENT - Page 3
These activities will occur in one or more sessions with each client. Session(s) may or may not
result in an HIV -antibody test. Clients will be targeted based on the relevant Regional Action
Plan for the region/area in which PERFORMING AGENCY is providing services. Services shall
be provided in or benefiting the county(ies)/area defined as: Lubbock.
PERFORMING AGENCY agrees to the utilization of the HIV Counseling and Testing Report
Form, a copy of which has been provided by for all of its clients receiving PCPE sessions.
PERFORMING AGENCY also agrees to remit these completed forms to RECEIVING AGENCY
in a timely manner no later than thirty (30) days after PCPE sessions have been rendered in order
to aid RECEIVING AGENCY in tracking the number of persons obtaining PCPE services
statewide.
HERR ACTIVITIES:
HERR programs and services are efforts to reach persons at increased risk of becoming HIV -
infected or, if already infected, of transmitting the virus to others. The goal of HERR programs
is to reduce the risk of these events occurring.
If PERFORMING AGENCY provides HERR services, these services must be targeted to those
populations identified as priority populations in the relevant Regional Action Plan and specified
in PERFORMING AGENCY'S objectives. PERFORMING AGENCY must:
1. Provide educational and counseling interventions that promote and reinforce safer
behavior. HERR programs should include interpersonal skills training for clients
in negotiating and sustaining appropriate behavior change (e.g., delaying the
initiation of sexual activity, avoiding unsafe sex, negotiating safer sex, needle
cleaning, and relapse prevention).
2 Ensure that all educational materials used in the program are written in words and
terms used by the target populations and at the appropriate age and educational
levels, including low -literacy materials.
3. Conduct appropriate interventions and activities as described in the relevant
community plan (e.g., one-on-one counseling, group presentations, street and
community outreach, prevention case management).
4. Establish written referral procedures or protocols. HIV -positive clients should be
referred as appropriate to early intervention services, TB testing and treatment,
substance abuse counseling and treatment, family planning services, and further
risk reduction or HIV prevention counseling. HIV -infected pregnant women must
be referred as appropriate to pre -natal care for further evaluation. High -risk
seronegative clients should be referred as appropriate to PCPE services, mental
health providers or other services that can help initiate healthy behaviors, substance
ATTACHMENT - Page 4
abuse treatment and counseling, family planning services, prenatal services, routine
medical care, and shelters.
5. Maintain consistent and accurate data collection procedures which collect client
level data as specified by the RECEIVING AGENCY. PERFORMING AGENCY
agrees to report client data and progress on objectives in a manner and format
specified by the RECEIVING AGENCY.
PERFORMING AGENCY agrees to comply with the following Quality Assurance Guidelines:
Staff supervisor monitors individual HERR staff performance at least monthly for
months 1-6 of employment, bi-monthly for months 7-12, and quarterly thereafter.
Feedback is provided to staff on any area needing improvement. Evaluations are
kept on file and available for RECEIVING AGENCY review.
2. Solicit feedback from persons served at least annually.
3. Track and measure the use of referral services.
4. Facilitate RECEIVING AGENCY review of HERR activities.
PERFORMING AGENCY will make an estimated Q contacts with clients in the behaviorally
defined target population(s) to provide priority HERR interventions that are consistent with those
priorities specified in the Regional Action Plan for the region/area in which PERFORMING
AGENCY is providing services defined as: Lubbock.
PERFORMING AGENCY agrees to provide proof, in each quarterly activity report, of the
number of contacts with clients in the behaviorally defined target population(s) in which priority
HERR intervention services are provided. Such reports will be submitted in the standard format
provided by RECEIVING AGENCY.
SECTION H. SPECIAL PROVISIONS:
RECEIVING AGENCY will supply PERFORMING AGENCY with the most current version of
the document entitled "Content of AIDS -Related Written Materials, Pictorials, Audiovisuals,
Questionnaires, Survey Instruments, and Educational Sessions in Centers for Disease Control
Assistance Programs." PERFORMING AGENCY has provided RECEIVING AGENCY with
written acknowledgement of receipt and assurance of compliance with these guidelines. All of
the above -referenced documents are incorporated herein and made a part of this Attachment as
though written herein verbatim.
Due to the sensitive and highly personal nature of HIV/AIDS-related information, strict adherence
to the General Provisions, CONFIDENTIALITY Article is required. In addition to these
ATTACHMENT - Page 5
conditions, PERFORMING AGENCY will comply with RECEIVING AGENCY Program,
Bureau of HIV and STD Prevention's HIV Serologic Testing and Documentation Guidelines. All
of the above -referenced documents are incorporated herein and made a part of this Attachment as
though written herein verbatim.
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 (THE TEXAS
DEPARTMENT OF HEALTH) may require PERFORMING AGENCY, or any subcontractor,
to transfer a client or patient record to RECEIVING AGENCY (THE 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 (THE 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 (THE 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.
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 approved by RECEIVING AGENCY.
ATTACHMENT - Page 6
SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTUAL
OTHER
TOTAL DIRECT CHARGES
INDIRECT CHARGES
TOTAL
Total reimbursements will not exceed $ 41,933.00.
$29, 868.00
8,660.00
1,200.00
0.00
50.00
0.00
555.00
$40,333.00
1,600.00
$41,933.00
Financial status reports are due the 30th of April, 30th of July, 30th of October, and the 15th of
February.
Indirect cost is based on UGCMA, Table 1. Indirect charges to this contract may not exceed the
amount shown above, except by prior written approval of RECEIVING AGENCY.
' ATTACHMENT - Page 7
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