HomeMy WebLinkAboutResolution - 5709 - Contract Change Notices #1-4 - TDH - Health Services, THD Document # 7560005906 - 11_20_1997Resolution No. 5709
Item #19
November 20, 1997
RESOLUTIAN
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 Contract Change Notices No. 1, 2, 3 and 4 to
the existing Contract (TDH Document No. 7560005906) by and between the City of Lubbock
and the Texas Department of Health for health services, attached herewith, and any additional
associated documents, which Change Notices 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 20th day of
A TEST:
y d7 Darnell, City Secretary
APPROVED AS TO CONTENT:
Doug Goo , Managing Director of
Health an ommunity Services
APPROVED AS TO FORM:
UQdald G. Vandiver, First Assistant
City Attorney
da/ccdocs/I'DH.res
November 11, 1997
November 1997.
WINDY /SjION, MAYOR
From: Katherine Egger
To: dvandiver
Subject: resolution No. 5709
a week or so ago I received a copy of Contrat Change N61tce No. 6 to this resolution. When this resolution was
submitted for Council approval on November 20, 1997 it consisted of contract change notices 1 thru 4, and all had
your approval as approved as to form, and Kaythie's attestment. This change No. 6 does not have your approval nor
Kaythies attestment. Any problem on this? thanx.
STATE OF TEXAS
COUNTY OF TRAVIS
M
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
RESOLUTION NO.5709
Item #19
November 20, 1997
CONTRACT CHANGE NOTICE NO. 01
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT. NO. 02: MILK AND DAIRY
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK CITY HEALTH DEPARTMENT
By:
(Signature of per authorized to sign contracts)
Windy Sitton, Mayor
(Name and Title)
FT7:
1 l.G
Date: %thie ;11g��ty Secretary
verrbRECOMMENDED:
By: Q) 6J-411� 04,
(PERFORMINqAP,ENCY Director, if different
from ftfson authorized to sign contract)
rov as to form
City Attorney
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HE TH
B
i ature of person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date �_ Z�q7
APPROVED AS TO FORM:
V040. VZZ;�— AUG e ST
By:
Office of General Counsel
GC
Cover Page 1
RECEIVED
97 AUG 12 AM 11 : 16
GRANTS MANAGEMENT DIV,
r,
DETAILS OF ATTACHMENTS
Att/
TDH
Term
Financial Assistance
Direct
Total Amount
Amd
Program/
Assistance
(TDH Share)
No.
ID
End
Source of
Amount
Funds*
Funds*
01
HIV/PCPEEDUC
01/01/97
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
1 State
0.00
0.00
0.00
TDH Document No.7560005906 98 Totals
$41,933.00
$0.00
$41,933.00
Change No. 01
*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
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 identifying data, Details of Attachment(s), authorized signatures, general and/or
special provisions. Attachments) with detailed Scope(s) of Work, budget(s), and exhibit(s) as applicable. This contract
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. Scope of Work
PERFORMING AGENCY shall 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 any amendments.
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 contract shall be governed by the term(s) of 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. Funding
This contract is contingent upon the availability of funding for the term of the Attachment(s), and PERFORMING
AGENCY will have no right of action against the State of Texas or the RECEIVING AGENCY in the event that
RECEIVING AGENCY is unable to fulfill 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 funds become unavailable, provisions of the Termination Article will apply.
ARTICLE 4. Amendments or Modifications
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,
(LHS) 1998 GENERAL PROVISIONS - Page 1 (8/97)
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.
This contract may be modified unilaterally under the terms of the Sanctions and Terminations Articles. 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 S. Severability
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. Apt)E
This contract will be governed by the laws of the State of Texas and enabling state and 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), Texas Government
Code, Chapter 783, VTCA, and the Uniform Grant and Contract 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 are adopted by reference in their entirety. If a conflict arises between the
provisions of this contract and the provisions of 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 approval from RECEIVING AGENCY for major project changes which
are specified in the applicable Administrative Requirements and Costs Principles. A listing of the Administrative
Requirements and Cost Principles is contained in this contract in the Allowable Costs and Audit Requirements Article.
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 USC §1352, PERFORMING AGENCY may not use funds granted under this contract to lobby
Congress or any agency in connection with a specific grant or contract. If at any time a contract exceeds $100,000,
the PERFORMING AGENCY shall certify that none of the funds 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 shall provide to RECEIVING AGENCY a certification
of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement.
PERFORMING AGENCY shall forward to RECEIVING AGENCY the executed certification form along with the
names of any lobbyists, if applicable, within 90 days of receipt of the executed contract. The certification form is
available from RECEIVING AGENCY upon request.
In accordance with the Tax Code, Chapter 171, VTCA, PERFORMING AGENCY, if a corporation, certifies by
execution of this contract that its payment of franchise taxes is currently in "good standing" with the State of Texas.
If PERFORMING AGENCY is exempt from payment of franchise taxes, PERFORMING AGENCY certifies by
execution of this contract 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
(LHS) 1998 GENERAL PROVISIONS - Page 2 (8197)
1
RECEIVING AGENCY. If franchise tax payments become delinquent during the Attachment term, payments under
this contract will be withheld until PERFORMING AGENCY's delinquent franchise tax is paid in full.
ARTICLE 7. Debarment and Suspension
PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in
federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING
AGENCY certifies, by submission of this contract, that neither it nor its principals are 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 tenable 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 that 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.
ARTICLE 8. Assurances
PERFORMING AGENCY shall 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:
A. Title VI of the Civil Rights Act of 1964, 42 USC §§2000d, et seq.;
B. Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a);
C. The Americans with Disabilities Act of 1990, 42 USC §§12101, et seq.; and
D. 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 fullest 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:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the basis
of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC §§1324a, et seq., as amended,
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 tinder this contract.
C. Pro -Children Act of 1994, 20 USC §§6081-6084, regarding the provision of a smoke -
free workplace and promoting the non-use of all tobacco products.
(LHS) 1998 GENERAL PROVISIONS - Page 3 (8/97)
D. Environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969, 42 USC §§4321-4332 and Executive Order 11514 "Protection
and Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans."
(3) Conformity of federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 - 7642.
(4) Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, 21 USC §349, 42 USC §§300f-300j.
E. If applicable, the National Research Service Award Act of 1971, 42 USC §289L-1 and
20 USC §§2080-6081, regarding the protection of human subjects involved in research, development, and
related activities supported by any applicable award of federal assistance.
F. If applicable, the Clinical Laboratory Improvement Amendments of 1988, 42 USC
§263a, which establish federal requirements for the regulation and certification of clinical laboratories.
G. If applicable, the Occupational Safety and Health Administration 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 agrees to comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC),
Chapter 410, et seq., which cover compensation for employees' injuries.
PERFORMING AGENCY warrants that hardware, software, and firmware products used individually or together
as a system to comply with RECEIVING AGENCY contract requirements will be year-2000-compliant on or before
the date such hardware, software, firmware and systems are to be impacted. RECEIVING AGENCY warrants that
hardware, software, and firmware products used individually or together as a system, developed by RECEIVING
AGENCY, and provided to PERFORMING AGENCY for operation will be year-2000-compliant on or before the
date such hardware, software, firmware and systems are to be impacted.
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of the RECEIVING AGENCY.
ARTICLE 9. Certification Regarding License. Certificate. or Permit
PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s), agrees and assures that
personnel paid from these funds are duty licensed and/or qualified to perform the required services.
PERFORMING AGENCY certifies by signing this contract that, in accordance with Section 163 of Article IX of the
General Appropriations Act, 75th Legislature, no owner, operator, or administrator of the PERFORMING AGENCY
has had a license, certificate, or permit revoked by any of the Texas state agencies listed below:
Adjutant General's Department
(LHS) 1998 GENERAL PROVISIONS - Page 4 (8/97)
• Board of Private Investigators and Private S66urity Agencies
• Interagency Council on Early Childhood Intervention
• Texas Alcoholic Beverage Commission
• Texas Cancer Council
• Texas Children's Trust Fund of Texas Council
• Texas Commission for the Deaf and Hard of Hearing
• Texas Commission on Alcohol and Drug Abuse
• Texas Commission on Jail Standards
• Texas Commission on Law Enforcement Officers Standards & Education
• Texas Commission on Fire Protection
• Texas Council on Sex Offender Treatment
• Texas Criminal Justice Policy Council
• Texas Department of Criminal Justice
• Texas Department of Human Services
• Texas Department of Mental Health & Mental Retardation
• Texas Department of Protective and Regulatory Services
• Texas Department of Public Safety
• Texas Department of Health
• Texas Health & Human Services Commission
• Texas National Guard Armory Board
• Texas Polygraph Examiners Board
• Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE 10. Standards For Financial and _Programmatic Management
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGCMS as detailed in RECEIVING AGENCY's Financial Administrative
Procedures Manual. Those requirements shall include at a minimum:
A. 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;
B. 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,
C. Billing and collection policies, including a charge schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts to collect from patients and third parties.
In addition, PERFORMING AGENCY shall 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. PERFORMING AGENCY shall become a Medicaid provider
for eligible activities funded in the Attachment(s) hereto and will maximize efforts to obtain payment from Medicaid
and all other available sources.
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received from
(WS) 1998 GENERAL PROVISIONS - Page 5 (8/97)
the RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self -
evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
:,4 Y caj , x E l -1 TT-1fa XM.
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:
Applicable Cost Principles* I Audit Requirements* I Administrative
Requirements*
OMB Circular A-87, State & I I
OMB Circular A-133 and UGCMS UGCMS
Local Governments
* OMB Circulars shall be applied with the modifications prescribed by UGCMS.
To be eligible for reimbursement under this contract, a cost must have been incurred by PERFORMING AGENCY
within the applicable Attachment term prior to claiming reimbursement from RECEIVING AGENCY. Vouchers for
costs encumbered by the last day of the applicable Attachment term must be received by RECEIVING AGENCY no
later than 45 days after the end of the applicable Attachment term.
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGCMS. The audit shall be of
PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit must be
conducted by an independent certified public accountant and must be in accordance with applicable OMB Circulars,
Government Auditing Standards, and UGCMS. PERFORMING AGENCY shall procure audit services in compliance
with state procurement procedures, as well as the provisions of UGCMS.
If PERFORMING AGENCY is not required to have a Single Audit, RECEIVING AGENCY may provide
PERFORMING AGENCY with written audit requirements if a limited scope audit will be required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division.
ARTICLE 12. Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due
employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the normal rate
of pay for hours worked in excess of normal working hours.
(LHS) 1998 GENERAL. PROVISIONS - Page 6 (8/97)
i
ARTICLE 13. Terms and Conditions of Payment
For services satisfactorily performed pursuant to the Scope(s) of Work set out in the Attachment(s) hereto,
PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements are contingent on a
signed contract and will not exceed the total of each Attachment(s) hereto. The PERFORMING AGENCY is not
entitled to, and shall not pursue, payment for any claim unless the service, work, or product forming the basis of the
claim has been authorized in accordance with this contract.
PERFORMING AGENCY must submit claims for reimbursement on a State of Texas Purchase Voucher (TDH Form
B-13) or any other form designated by the RECEIVING AGENCY. PERFORMING AGENCY shall submit vouchers
for reimbursement monthly within 20 days following the end of the month covered by the bill. PERFORMING
AGENCY shall submit a reimbursement claim as a final close-out bill not later than 45 days following the end of the
applicable Attachment term(s). Claims submitted and postmarked more than 45 days following the end of the
applicable Attachment term may or may not be reimbursed, at the discretion of the RECEIVING AGENCY.
PERFORMING AGENCY may request, in writing, to be placed on Direct Deposit status. If this request is approved
by RECEIVING AGENCY, PERFORMING AGENCY will no longer receive copies of reimbursement vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall use
such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
PERFORMING AGENCY shall refund to RECEIVING AGENCY within 30 days any funds PERFORMING
AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined
by RECEIVING AGENCY to be ineligible for reimbursement.
RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING
AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not
refunded to RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from funds available
under any contract Attachment, active or expired, with the same funding source in amounts necessary to fulfill
PERFORMING AGENCY repayment obligations.
Without waiving rights to impose other sanctions, RECEIVING AGENCY shall temporarily or permanently withhold
payment(s) from PERFORMING AGENCY for the following programmatic and financial noncompliance items:
• failure to submit required financial reports for previous quarters or for the final period;
• failure to respond to financial compliance monitoring reports;
• failure to submit required independent audit reports;
• failure to meet program requirements as specified in an Attachment's Scope of Work;
• inadequate or inappropriate resolution of program or financial monitoring findings
• and for other items of noncompliance.
ARTICLE 14. Advance Payments
PERFORMING AGENCY may request, and with proper justification and RECEIVING AGENCY's approval, receive
a one-time advance for each Attachment. Advance funds may be drawn only to meet immediate cash needs for
disbursement. PERFORMING AGENCY must request the advance on a State of Texas Purchase Voucher at the
beginning of the applicable Attachment period or at a later time in the applicable Attachment period if circumstances
so warrant. The Purchase Voucher must be accompanied by written justification and supporting documentation as
specified in RECEIVING AGENCY's Financial Administrative Procedures Manual, REIMBURSEMENT
PROCEDURES.
(LHS) 1998 GENERAL PROVISIONS - Page 7 (8/97)
If RECEIVING AGENCY concurs with PERFORMING AGENCY's request for an advance, RECEIVING AGENCY
will determine the amount of the advance by the amount and term of the applicable Attachment(s). For each
Attachment, the amount of the advance shall not exceed an amount equal to the amount of the Attachment divided by
the number of months covered by the Attachment multiplied by two (2) less any Program Income carried forward
from the previous year. Advance funds will be liquidated during the applicable Attachment term so that, after the final
monthly billing, PERFORMING AGENCY will not have advance funds on hand.
Amendments to applicable Attachment(s) which increase or decrease the total amount of the Attachment may require
upward or downward adjustment to the allowable advance in accordance with the above formula. In the case of a
downward adjustment, RECEIVING AGENCY will determine the amount of adjustment to the advance and the
method of repayment. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY
must submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount
necessary to correct the ratio.
ARTICLE 15. Progmm Income
PERFORMING AGENCY shall develop a fee for service system and a schedule of fees for personal health services
in accordance with the provisions of Chapter 12, Subchapter D, Health and Safety Code, VTCA; the Texas Board
of Health rules covering Fees for Clinical Health Services, 25 TAC $ 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 that 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. PERFORMING AGENCY
shall identify and report this income quarterly and annually utilizing the forms and frequencies specified in the
Financial Reports Article of these provisions.
PERFORMING AGENCY shall retain the program income and select either the additive or deductive method for
calculating program income:
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 shall use program income to further the program objectives
of the state/federal statute under which the Scope of Work for the Attachment(s) was made, and
PERFORMING AGENCY shall spend program income on the same project in which 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 budget period, but PERFORMING AGENCY must spend
the program income in the next budget period or the program income shall be 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 shall deduct the program income from
the total allowable costs to determine the net allowable costs.
RECEIVING AGENCY may base future funding levels, in part, upon the PERFORMING AGENCY's proficiency
in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
of the applicable Attachment(s).
(LHS) 1998 GENERAL PROVISIONS - Page 8 (8/97)
ARTICLE 16. FInancial Reports
Financial reports are required as provided in UGCMS, and PERFORMING AGENCY shall file them regardless of
whether or not expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (TDH
Form GC-4a), within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall
submit a final financial report on State of Texas Supplemental Form 269a (TDH Form GC-4a), not later than 45 days
following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase
Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies if costs
incurred were less than funds received.
PERFORMING AGENCY shall submit financial, program, and progress reports as requested by RECEIVING
AGENCY in the format agreed to by the parties hereto. PERFORMING AGENCY shall provide RECEIVING
AGENCY such other reports as are determined by RECEIVING AGENCY to be necessary for the accomplishment
of the objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it
shall immediately notify RECEIVING AGENCY of this fact. PERFORMING AGENCY's failure to comply with
these requirements shall be grounds for the imposition of sanctions as provided for in the Sanctions Article.
RECEIVING AGENCY and, when federal funds are involved, any authorized representatives) of the federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including client or
patient records) performed by PERFORMING AGENCY and its subcontractor(s), if any, and the premises on which
it is being performed, including subcontractors. PERFORMING AGENCY and its subcontractor(s) shall participate
in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and
evaluations will be performed in such a manner as will not unduly interfere with the work.
PERFORMING AGENCY and its subcontractor(s), if any, shall give RECEIVING AGENCY and the federal
government, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and
client or patient records of PERFORMING AGENCY and its subcontractor(s), if any, for the purpose of making
audit, examination, excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY
will have the right to audit billings both before and after payment. Payment under 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 funds, as provided in the Terms and Conditions of Payment Article and the Sanctions
Article. Any such withholding of funds will remain in effect until the deficiencies 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 all audit questions are resolved, whichever time period is
longer.
(LHS) 1998 GENERAL PROVISIONS - Page 9 (8/97)
ARTICLE 18.
PERFORMING AGENCY, or any subcontractor, shall not transfer an identifiable 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, 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.
PERFORMING AGENCY shall give RECEIVING AGENCY access to the records or provide copies for audit,
examination, evaluation, inspection, litigation, or other circumstances that may arise, to the extent authorized by law.
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 as
authorized by law 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 the
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 19. Confidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents
deemed confidential by law which are maintained in connection with the activities funded under contract
Attachment(s). PERFORMING AGENCY may not disclose or transfer confidential client or patient information,
including information required by the Reports and Inspections Article, except in accordance with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement workplace policies
based on the model guidelines adopted by RECEIVING AGENCY, and PERFORMING AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §85.113, VTCA.
ARTICLE 20. Equipment and Supplies
In accordance with Health & Safety Code, §12.053, VTCA, 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) or until the
Attachment is terminated.
Equipment is defined as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of
more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players,
microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is
over $500, they will still be considered equipment, must be approved for purchase, and are considered capital assets
for inventory purposes. Medical and laboratory equipment in this category is defined as microscopes, oscilloscopes,
centrifuges, balances, and incubators. Medical and laboratory equipment not included in these five categories is not
considered a capital asset unless the unit value is over $1,000.
(LHS) 1998 GENERAL PROVISIONS - Page 10 (8/97)
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any additions to, or deletions of, approved equipment purchases meeting the above equipment definition.
To receive approval to purchase data processing hardware and software or enhancements thereto, PERFORMING
AGENCY must submit a detailed justification which includes description of features, make and model, and cost, etc.
PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TDH Form
GC-11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall
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 shall use the
proceeds to repair or replace said assets.
In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment,
and supplies in possession of PERFORMINGAGENCY from the bankruptcy and title reverts to RECEIVING
AGENCY.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies purchased
from funds as hereinabove provided reverts to RECEIVING AGENCY. Title may be transferred to any other party
designated by RECEIVING AGENCY, provided, however, that RECEIVING AGENCY may, at its option and to
the extent allowed by law, transfer title to such property to the PERFORMING AGENCY.
ARTICLE 21. Subcontracting
PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited
in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontractor.
If PERFORMING AGENCY enters into subcontract agreements, PERFORMING AGENCY agrees that all
subcontracts shall be in writing and include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• clearly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable contract Attachment(s)
or be executed annually;
• access to inspect work performed, and the premises on which it is performed, in accordance with
the Reports and Inspections Article contained in this contract; and
• all clauses required by state/federal statutes, executive orders, and their implementing regulations.
PERFORMING AGENCY agrees that all subcontracts containing a categorical budget shall include audit requirements
referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate.
If PERFORMING AGENCY plans to enter into an agreement which subcontracts out a substantial portion of an
Attachment's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts
that must have prior written approval are those that exceed $25,000 or 25 % of the applicable Attachment amount,
whichever is greater.
(LHS) 1998 GENERAL PROVISIONS - Page 11 (8/97)
PERFORMING AGENCY shall ensure that:
• all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes
and regulations;
• all subcontractors comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulars;
• subcontractors complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 22. CopWghts. Publications. and Patents
PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals,
films, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract
Attachment(s) that result in the production of original books, manuals, films, or other original material is financed
by a federal grant, the terms of which provide otherwise. All right, title, and interest in and to said property shall vest
in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" and
made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may
not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered a work made for hire,
all rights, title and interest therein are hereby irrevocably assigned to the RECEIVING AGENCY. RECEIVING
AGENCY shall have the right to obtain and to hold in its own name any and all patents, copyrights, trademarks,
service marks, certification marks, collective marks, registrations, or such other protection as may be appropriate to
the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY shall ensure all rights, titles,
and interest in and to said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its
subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its
subcontractors to give RECEIVING AGENCY, or any person designated by RECEIVING AGENCY, all assistance
required to perfect the rights defined in this Article, without any charge or expense beyond those amounts payable
to PERFORMING AGENCY for the services rendered under the contract.
PERFORMING AGENCY understands and agrees that, if federal funds are used to finance activities supported by
the contract Attachment(s) that result in the production of original books, manuals, films, or other original material,
the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any work
developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
PERFORMING AGENCY or its subcontractor purchases ownership with grant support. PERFORMING AGENCY
shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any
publication written or published with such support and, if feasible, on any publication reporting the results of or
describing a grant -supported activity. An acknowledgment shall be to the effect that "This publication was made
possible by grant number from (federal awarding a eg na " or "The project described was supported
by grant number from (federal awarding agency)" and "Its contents are solely the responsibility
of the authors and do not necessarily represent the official views of the (federal awarding agency)."
In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
AGENCY reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and
to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any work
developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
grantee, subgrantee or a contractor purchases ownership with grant support.
PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING
AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include "®
Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
(LHS) 1998 GENERAL PROVISIONS - Page 12 (8/97)
If the PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
received from RECEIVING AGENCY. At least six 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 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 23. Hold Harmless
PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal
government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments,
and to 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's agreement to
indemnify RECEIVING AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies
Code, VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY, as a state governmental agency,
agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims,
losses, damages and judgments that arise from the performance or non-performance of RECEIVING AGENCY under
this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and
Remedies Code, VTCA, and to the extent allowed by any other laws.
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 24. 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 covers 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.
RIM, r L t• t 1_ 7 i
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, 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.
A HUB is defined in the Texas Government Code §2161.001(2), VTCA, 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;
(LHS) 1998 GENERAL PROVISIONS - Page 13 (8/97)
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; or
E. a supplier contract between a historically underutilized business and a prime contractor under which
the historically underutilized business is directly involved in the manufacture 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."
A HUB is defined in the General Appropriations Act, 75th Legislature, Regular Session, ARTICLE IX, General
Provisions, Section 124, Contracting with Historically Underutilized Businesses, Subsection 3, in the same manner
except that "socially disadvantaged person" is replaced with the term "economically disadvantaged person." The term
"economically disadvantaged person is defined in the General Appropriations Act as " . . . a person who is
economically disadvantaged because of the person's identification as a member of certain groups, including Black
Americans, Hispanic Americans, women, Asian 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 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 to RECEIVING AGENCY.
ARTICLE 26. Sanctions
PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both
for programmatic and financial noncompliance. RECEIVING AGENCY may, at its own discretion, impose one or
more sanctions for each item of noncompliance and will determine sanctions on a case -by -case basis. Both parties
agree 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:
A. 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;
B. 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
subcontractor(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;
C. temporarily or permanently .withhold cash payments. Withholding of cash payment means that the
RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to: a) recover
(LHS) 1998 GENERAL PROVISIONS - Page 14 (8/97)
payments already made for undocumented, disputed, inaccurate, or erroneous claims; b) obtain refunds
for overpayment for any reason; or c) obtain compliance;
D. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
E. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
F. amend all or a part of the contract as a result of noncompliance;
G. 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;
H. 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;
I. require the PERFORMING AGENCY to obtain technical or managerial assistance;
J. disallow claims by disapproving costs or fees claimed for payment or reimbursement by PERFORMING
AGENCY;
K. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
L. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
M. demand repayment from the PERFORMING AGENCY;
N. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the award, or to provide services as
set out in the contract;
O. take any other action which RECEIVING AGENCY deems 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 unannounced.) PERFORMING AGENCY is required
to file, within 15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that
sent the notice, acknowledging receipt of such notice and stating 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
part of the contract in an emergency by delivering written notice to a PERFORMING AGENCY, by any verifiable
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.
(LHS) 1998 GENERAL PROVISIONS - Page 15 (8/97)
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 noncompliance in accordance with
RECEIVING AGENCY's Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request
for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification.
ARTICLE 27. 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 all or a part of this contract may be terminated prior
to completion of the contract term for any of the following reasons:
A. 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.
B. 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.
C. Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or
in part, upon the following conditions:
(1) 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 or warrant of attachment or any similar process is not released or bonded
within 30 days after its entry; or
(2) 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
(3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by
the contract; or
(4) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services
provided under this contract; or
(5) 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 RECEIVING AGENCY's determination that the PERFORMING AGENCY has
failed to substantially perform under this agreement; or
(LNS) 1998 GENERAL PROVISIONS - Page 16 (8/97)
(6) RECEIVING AGENCY makes a written determination that PERFORMING AGENCY has
committed a material breach of any term(s) of this contract; or
(7) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel
or resources to perform under the contract; or
(8) 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 court 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
(9) Termination for failure of funding. This contract may be terminated in the event state and/or federal
funding for this contract is terminated, limited, suspended, or withdrawn; or
(10) 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
(11) The PERFORMING AGENCY fails to comply with any of the terms, conditions or provisions of
the contract, in any manner whatsoever.
D. Termination for Cause by PERFORMING AGENCY. If the RECEIVING AGENCY is in breach of this
contract or fails to make payments as required by the contract, the PERFORMING AGENCY may
terminate the contract.
E. Termination without Cause. This contract and any Attachment hereto may be terminated by either parry
without cause provided ninety (90) days written notice is provided to the other party.
Written notice will be provided by the terminating party at least 30 days prior to the intended date of termination
unless an emergency exists or stated otherwise.
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 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 settlement 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 28. 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.
(LHS) 1998 GENERAL PROVISIONS - Page 17 (8/97)
PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for all of its
employees filling state budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state budgeted 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 allowance 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 state warrants by RECEIVING AGENCY 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 29. Funding Participation Reauiremen
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.
(LHS) 1998 GENERAL PROVISIONS Page 18 (8/97)
ARTICLE 30.
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such
termination or expiration.
ARTICLE 31.
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 LIABH TTY THAT RECEIVING AGENCY OR THE STATE
OF TEXAS MAY HAVE BY OPERATION OF LAW.
(LHS) 1998 GENERAL PROVISIONS • Page 19 (8/97)
DOCUMENT NO. 7560005906-98
ATTACHMENT NO. 02
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: MILK AND DAIRY PRODUCTS DIVISION
TERM: September 01, 1997 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY will provide analyses of milk samples. Analyses will meet laboratory
proficiency standards as set by the National Conference of Interstate Milk Shipments and the 1993
U.S. Public Health Service Grade "A" Pasteurized Milk Ordinance, 25 TAC Chapter 217.
PERFORMING AGENCY will:
1. Perform to completion and report out by mail as soon as possible all required and/or
requested tests. The date of completion of testing will not exceed 48 hours from the date
of sample submission to PERFORMING AGENCY laboratory. (Mailers will be supplied
by RECEIVING AGENCY).
2. Send original copies of laboratory results forms to RECEIVING AGENCY, Milk and
Dairy Products Division, 1100 West 49th Street, Austin, Texas 78756, to be microfilmed
and returned to PERFORMING AGENCY.
3. Submit monthly vouchers which include total number and kinds of tests performed to
RECEIVING AGENCY, Milk and Dairy Products Division.
PERFORMING AGENCY agrees to comply with:
Chapter 435, Health and Safety Code, Dairy Products.
PERFORMING AGENCY will provide an estimated 4K clients with services/units of service in
or benefiting the county(ies)/area defined as: Lubbock.
SECTION 11. SPECIAL PROVISIONS:
General Provisions, FINANCIAL REPORTS Article, does not apply to this Attachment.
ATTACHMENT - Page 1
SECTION III. BUDGET:
Laboratory analyses will be performed at a rate per sample and per test not to exceed the
following schedule for the period beginning September 1, 1997 and ending November 30, 1997:
1 AXI' MEIM 19 4
PASTEURIZED SAMPLES
SPC
$ 3.00
SPC
$ 3.00
Somatic Cell
5.00
Coliform
2.00
Growth Inhibitors
2.00
Growth Inhibitors
2.00
Freezing point
1.00
Phosphatase
3.00
Cryoscope
1.00
TOTAL
$11.00
TOTAL
$11.00
Subject to Board of Health adoption of amendment to 25 TAC §217.8(1) and (2) pursuant to HB
1875, 75th Legislature amending Health and Safety Code §435.009, laboratory analyses will be
performed at a rate per sample and per test not to exceed the following schedule for the period
beginning December 1, 1997 and ending August 31, 1998:
Standard Plate Count
Direct Microscopic Somatic Cell Count
Electronic Somatic Cell Count
Added Water
Antibiotics Inhibitor (Disk Assay)
Antibiotics Confirmation Rapid Test
Aflatoxin
Phosphatase
Coliform
Water Supply
Cooling Water
SPC
$ 6.00
DMSCC
8.00
ESCC
8.00
Cryoscope
2.00
Disc
4.50
Charm I, II, SNAP, ETC
24.00
Vicam
12.50
Fluorophos
7.50
Coli
5.50
Water
15.00
Glycol - Sweet Water
15.00
ATTACHMENT - Page 2
1 4.
STATE OF TEXAS
COUNTY OF TRAVIS
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
RESOLUTION N06709
Item #19
November 20, 1997
idpow.... ,. , .. . r,.vomar. * :
CONTRACT CHANGE NOTICE NO.92
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT. NO. 03: HIV - SURVEILLANCE
All terms and conditions not hereby amended remain in frill force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Altiviasim.: •
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK VrITBEALTU DEP TMENT
By: `
(Signature of pe authorized to sign contracts)
Windy Sitton, Mayor
(Name and Title)
ATTEST:
l
Kay hie 11, City Secretary
Date: No 20, 1997
RECOMMENDED:
By:. &U,4� G"d4
(PERFORMING 4'GhPCY Director, if different
from pe authorized to sign contract)
A roved e6 to forms
t
City Attorney
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By: ti
�g ature of person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date:
APPROVED AS TO FORM:
By: Y' 7—q 7
Otfice of General Counsel
25
REECCIVED
97 AUG 33 Pry 12: 02
GRANTS MANAGE"MIENT DIV
DETAILS OF ATTACHMENTS
Att/
TDH
Term
Financial Assistance
Direct
Total Amount
Amd
Program/
Assistance
(TDH Share)
No.
ID
Begin
End
Source of
Amount
Funds*
01
HIV/PCPEEDUC
01/01/97
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
State
0.00
0.00
0.00
03
HIV/SURV
09/01/97
08/31/98
State
40,436.00
0.00
40,436.00
TDH Document No.7560005906 98 Totals
$82,369.00
$0.00
$82,369.00
Change No. 02
*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.
26
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 presented by this contract, and to uphold and abide by the terms and provisions of this
contract. PERFORMING AGENCY and RECEMNG AGENCY agree that this contract consists of RECEIVING
and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, general and/or
special provisions, Attachment(s) with detailed Scope(s) of Work, budget(s), and exhibit(s) as applicable. This contract
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. Scope of Work
PERFORMING AGENCY shall perform the work outlined in the Scopes) 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 any amendments.
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 contract shall be governed by the term(s) of 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. Fsrodina
This contract is contingent upon the availability of funding for the term of the Attachment(s), and PERFORMING
AGENCY will have no right of action against the State of Texas or the RECEIVING AGENCY in the event that
RECEIVING AGENCY is unable to fulfill 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 funds become unavailable, provisions of the Termination Article will apply.
ARTICLE 4. Amendments or Modifications
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,
(LHS) 1998 GENERAL PROVISIONS - Page 1 (8/97)
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.
This contract may be modified unilaterally under the terms of the Sanctions and Terminations Articles. 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 S. Severability
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. Aonlicable L ww—
This contract will be governed by the laws of the State of Texas and enabling state and 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), Texas Government
Code, Chapter 783, VTCA, and the Uniform Grant and Contract 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 are adopted by reference in their entirety. If a conflict arises between the
provisions of this contract and the provisions of 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 approval from RECEIVING AGENCY for major project changes which
are specified in the applicable Administrative Requirements and Costs Principles. A listing of the Administrative
Requirements and Cost Principles is contained in this contract in the Allowable Costs and Audit Requirements Article.
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 USC §1352, PERFORMING AGENCY may not use funds granted under this contract to lobby
Congress or any agency in connection with a specific grant or contract. If at any time a contract exceeds $100,000,
the PERFORMING AGENCY shall certify that none of the funds 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 shall provide to RECEIVING AGENCY a certification
of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement.
PERFORMING AGENCY shall forward to RECEIVING AGENCY the executed certification form along with the
names of any lobbyists, if applicable, within 90 days of receipt of the executed contract. The certification form is
available from RECEIVING AGENCY upon request.
In accordance with the Tax Code, Chapter 171, VTCA, PERFORMING AGENCY, if a corporation, certifies by
execution of this contract that its payment of franchise taxes is currently in "good standing" with the State of Texas.
If PERFORMING AGENCY is exempt from payment of franchise taxes, PERFORMING AGENCY certifies by
execution of this contract 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
(LHS) 1998 GENERAL PROVISIONS - Page 2 (8/97)
RECEIVING AGENCY. If franchise tax payments become delinquent during the Attachment term, payments under
this contract will be withheld until PERFORMING AGENCY's delinquent franchise tax is paid in full.
ARTICLE 7. Debarment and Suspension
PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in
federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING
AGENCY certifies, by submission of this contract, that neither it nor its principals are 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 that 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.
ARTICLE 8. Assurances
PERFORMING AGENCY shall 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:
A. Title VI of the Civil Rights Act of 1964, 42 USC §§2000d, et seq.;
B. Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a);
C. The Americans with Disabilities Act of 1990, 42 USC §§12101, et seq.; and
D. 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 fullest 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:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the basis
of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC §§1324a, et seq., as amended,
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.
C. Pro -Children Act of 1994, 20 USC §§6081-6084, regarding the provision of a smoke -
free workplace and promoting the non-use of all tobacco products.
(LHS) 1998 GENERAL PROVISIONS - Page 3 (8/97)
D. Environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969, 42 USC §§4321-4332 and Executive Order 11514 "Protection
and Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans.'
(3) Conformity of federal actions to state clean air implementation plans trader the
Clean Air Act of 1955, as amended, 42 USC §§7401 - 7642.
(4) Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, 21 USC §349, 42 USC §§300f-300j.
E. If applicable, the National Research Service Award Act of 1971, 42 USC §289L-1 and
20 USC §§2080-6081, regarding the protection of human subjects involved in research, development, and
related activities supported by any applicable award of federal assistance.
F. If applicable, the Clinical Laboratory Improvement Amendments of 1988, 42 USC
§263a, which establish federal requirements for the regulation and certification of clinical laboratories.
G. If applicable, the Occupational Safety and Health Administration 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 agrees to comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC),
Chapter 410, et seq., which cover compensation for employees' injuries.
PERFORMING AGENCY warrants that hardware, software, and firmware products used individually or together
as a system to comply with RECEIVING AGENCY contract requirements will be year-2000-compliant on or before
the date such hardware, software, firmware and systems are to be impacted. RECEIVING AGENCY warrants that
hardware, software, and firmware products used individually or together as a system, developed by RECEIVING
AGENCY, and provided to PERFORMING AGENCY for operation will be year-2000-compliant on or before the
date such hardware, software, firmware and systems are to be impacted.
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of the RECEIVING AGENCY.
ARTICLE 9. Certification Regarding License. Certificate. or Permit
PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s), agrees and assures that
personnel paid from these funds are duly licensed and/or qualified to perform the required services.
PERFORMING AGENCY certifies by signing this contract that, in accordance with Section 163 of Article IX of the
General Appropriations Act, 75th Legislature, no owner, operator, or administrator of the PERFORMING AGENCY
has had a license, certificate, or permit revoked by any of the Texas state agencies listed below:
• Adjutant General's Department
(LHS) 1998 GENERAL PROVISIONS - Page 4 (8197)
n
• Board of Private Investigators and Private Security Agencies
• Interagency Council on Early Childhood Intervention
• Texas Alcoholic Beverage Commission
• Texas Cancer Council
• Texas Children's Trust Fund of Texas Council
• Texas Commission for the Deaf and Hard of Hearing
• Texas Commission on Alcohol and Drug Abuse
• Texas Commission on Jail Standards
• Texas Commission on Law Enforcement Officers Standards & Education
• Texas Commission on Fire Protection
• Texas Council on Sex Offender Treatment
• Texas Criminal Justice Policy Council
• Texas Department of Criminal Justice
• Texas Department of Human Services
• Texas Department of Mental Health & Mental Retardation
• Texas Department of Protective and Regulatory Services
• Texas Department of Public Safety
• Texas Department of Health
• Texas Health & Human Services Commission
• Texas National Guard Armory Board
• Texas Polygraph Examiners Board
• Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE 10. Standards For Financial and_Pm=rnmatic Management
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGCMS as detailed in RECEIVING AGENCY's Financial Administrative
Procedures Manual. Those requirements shall include at a minimum:
A. 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;
B. 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,
C. Billing and collection policies, including a charge schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts to collect from patients and third parties.
In addition, PERFORMING AGENCY shall 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. PERFORMING AGENCY shall become a Medicaid provider
for eligible activities funded in the Attachment(s) hereto and will maximize efforts to obtain payment from Medicaid
and all other available sources.
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of fiscal and
programmatic management. Such responsibility shall include: accountability for all fiords and materials received from
(LHS) 1998 GENERAL PROVISIONS - Page 5 (8/97)
the RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self -
evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
ARTICLE 11. Allowable Costs and Audit Requirements
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:
Applicable Cost Principles Audit Requirements Administrative
* *
Requirements*
OMB Circular A-87, State & I OMB Circular A-133 and UGCMS I UGCMS
Local Governments
* OMB Circulars shall be applied with die modifications prescribed by UGCMS.
To be eligible for reimbursement under this contract, a cost must have been incurred by PERFORMING AGENCY
within the applicable Attachment term prior to claiming reimbursement from RECEIVING AGENCY. Vouchers for
costs encumbered by the last day of the applicable Attachment term must be received by RECEIVING AGENCY no
later than 45 days after the end of the applicable Attachment tern.
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGCMS. The audit shall be of
PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit must be
conducted by an independent certified public accountant and must be in accordance with applicable OMB Circulars,
Government Auditing Standards, and UGCMS. PERFORMING AGENCY shall procure audit services in compliance
with state procurement procedures, as well as the provisions of UGCMS.
If PERFORMING AGENCY is not required to have a Single Audit, RECEIVING AGENCY may provide
PERFORMING AGENCY with written audit requirements if a limited scope audit will be required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division.
ARTICLE 12. Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due
employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the normal rate
of pay for hours worked in excess of normal working hours.
(LEIS) 1998 GENERAL PROVISIONS - Page 6 (8/97)
ARTICLE 13. Terms and Conditions of Payment
For services satisfactorily performed pursuant to the Scope(s) of Work set out in the Attachment(s) hereto,
PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements are contingent on a
signed contract and will not exceed the total of each Attachment(s) hereto. The PERFORMING AGENCY is not
entitled to, and shall not pursue, payment for any claim unless the service, work, or product forming the basis of the
claim has been authorized in accordance with this contract.
PERFORMING AGENCY must submit claims for reimbursement on a State of Texas Purchase Voucher (TDH Form
B-13) or any other form designated by the RECEIVING AGENCY. PERFORMING AGENCY shall submit vouchers
for reimbursement monthly within 20 days following the end of the month covered by the bill. PERFORMING
AGENCY shall submit a reimbursement claim as a final close-out bill not later than 45 days following the end of the
applicable Attachment term(s). Claims submitted and postmarked more than 45 days following the end of the
applicable Attachment term may or may not be reimbursed, at the discretion of the RECEIVING AGENCY.
PERFORMING AGENCY may request, in writing, to be placed on Direct Deposit status. If this request is approved
by RECEIVING AGENCY, PERFORMING AGENCY will no longer receive copies of reimbursement vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall use
such funds to increase state or local fiords currently available to PERFORMING AGENCY for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
PERFORMING AGENCY shall refund to RECEIVING AGENCY within 30 days any funds PERFORMING
AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined
by RECEIVING AGENCY to be ineligible for reimbursement.
RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING
AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not
refunded to RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from funds available
under any contract Attachment, active or expired, with the same funding source in amounts necessary to fulfill
PERFORMING AGENCY repayment obligations.
Without waiving rights to impose other sanctions, RECEIVING AGENCY shall temporarily or permanently withhold
payment(s) from PERFORMING AGENCY for the following programmatic and financial noncompliance items:
• failure to submit required financial reports for previous quarters or for the final period;
• failure to respond to financial compliance monitoring reports;
• failure to submit required independent audit reports;
• failure to meet program requirements as specified in an Attachment's Scope of Work;
• inadequate or inappropriate resolution of program or financial monitoring findings
• and for other items of noncompliance.
ARTICLE 14. Advance Payments
PERFORMING AGENCY may request, and with proper justification and RECEIVING AGENCY's approval, receive
a one-time advance for each Attachment. Advance funds may be drawn only to meet immediate cash needs for
disbursement. PERFORMING AGENCY must request the advance on a State of Texas Purchase Voucher at the
beginning of the applicable Attachment period or at a later time in the applicable Attachment period if circumstances
so warrant. The Purchase Voucher must be accompanied by written justification and supporting documentation as
specified in RECEIVING AGENCY's Financial Administrative Procedures Manual, REIMBURSEMENT
PROCEDURES.
(LHS) 1998 GENERAL PROVISIONS - Page 7 (8/97)
If RECEIVING AGENCY concurs with PERFORMING AGENCY's request for an advance, RECEIVING AGENCY
will determine the amount of the advance by the amount and term of the applicable Attachment(s). For each
Attachment, the amount of the advance shall not exceed an amount equal to the amount of the Attachment divided by
the number of months covered by the Attachment multiplied by two (2) less any Program Income carried forward
from the previous year. Advance funds will be liquidated during the applicable Attachment term so that, after the final
monthly billing, PERFORMING AGENCY will not have advance funds on hand.
Amendments to applicable Attachment(s) which increase or decrease the total amount of the Attachment may require
upward or downward adjustment to the allowable advance in accordance with the above formula. In the case of a
downward adjustment, RECEIVING AGENCY will determine the amount of adjustment to the advance and the
method of repayment. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY
must submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount
necessary to correct the ratio.
ARTICLE 15.
PERFORMING AGENCY shall develop a fee for service system and a schedule of fees for personal health services
in accordance with the provisions of Chapter 12, Subchapter D, Health and Safety Code, VTCA; the Texas Board
of Health rules covering Fees for Clinical Health Services, 25 TAC § 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 that 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. PERFORMING AGENCY
shall identify and report this income quarterly and annually utilizing the forms and frequencies specified in the
Financial Reports Article of these provisions.
PERFORMING AGENCY shall retain the program income and select either the additive or deductive method for
calculating program income:
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 shall use program income to further the program objectives
of the state/federal statute under which the Scope of Work for the Attachment(s) was made, and
PERFORMING AGENCY shall spend program income on the same project in which 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 budget period, -but PERFORMING AGENCY must spend
the program income in the next budget period or the program income shall be 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 shall deduct the program income from
the total allowable costs to determine the net allowable costs.
RECEIVING AGENCY may base future funding levels, in part, upon the PERFORMING AGENCY's proficiency
in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
of the applicable Attachment(s).
(LHS) 1998 GENERAL PROVISIONS - Page 8 (8/97)
V
ARTICLE 16. Financial Reps
Financial reports are required as provided in UGCMS, and PERFORMING AGENCY shall file them regardless of
whether or not expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (TDH
Form GC-4a), within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall
submit a final financial report on State of Texas Supplemental Form 269a ('TDH Form GC-4a), not later than 45 days
following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase
Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies if costs
incurred were less than funds received.
ARTICLE 17. Reports and Inspections
PERFORMING AGENCY shall submit financial, program, and progress reports as requested by RECEIVING
AGENCY in the format agreed to by the parties hereto. PERFORMING AGENCY shall provide RECEIVING
AGENCY such other reports as are determined by RECEIVING AGENCY to be necessary for the accomplishment
of the objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it
shall immediately notify RECEIVING AGENCY of this fact. PERFORMING AGENCY's failure to comply with
these requirements shall be grounds for the imposition of sanctions as provided for in the Sanctions Article.
RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including client or
patient records) performed by PERFORMING AGENCY and its subcontractor(s), if any, and the premises on which
it is being performed, including subcontractors. PERFORMING AGENCY and its subcontractor(s) shall participate
in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and
evaluations will be performed in such a manner as will not unduly interfere with the work.
PERFORMING AGENCY and its subcontractor(s), if any, shall give RECEIVING AGENCY and the federal
government, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and
client or patient records of PERFORMING AGENCY and its subcontractor(s), if any, for the purpose of making
audit, examination, excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY
will have the right to audit billings both before and after payment. Payment under 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 funds, as provided in the Terms and Conditions of Payment Article and the Sanctions
Article. Any such withholding of funds will remain in effect until the deficiencies 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 all audit questions are resolved, whichever time period is
longer.
(LHS) 1998 GENERAL PROVISIONS - Page 9 (8/97)
ARTICLE 18.
PERFORMING AGENCY, or any subcontractor, shall not transfer an identifiable 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, 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.
PERFORMING AGENCY shall give RECEIVING AGENCY access to the records or provide copies for audit,
examination, evaluation, inspection, litigation, or other circumstances that may arise, to the extent authorized by law.
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 as
authorized by law 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 the
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 19. Confidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents
deemed confidential by law which are maintained in connection with the activities funded under contract
Attachment(s). PERFORMING AGENCY may not disclose or transfer confidential client or patient information,
including information required by the Reports and Inspections Article, except in accordance with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement workplace policies
based on the model guidelines adopted by RECEIVING AGENCY, and PERFORMING AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §85.113, VTCA.
ARTICLE 20. Esat-iinment an
In accordance with Health & Safety Code, § 12.053, VTCA, 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) or until the
Attachment is terminated.
Equipment is defined as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of
more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players,
microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is
over $500, they will still be considered equipment, must be approved for purchase, and are considered capital assets
for inventory purposes. Medical and laboratory equipment in this category is defined as microscopes, oscilloscopes,
centrifuges, balances, and incubators. Medical and laboratory equipment not included in these five categories is not
considered a capital asset unless the unit value is over $1,000.
(LHS) 1998 GENERAL PROVISIONS Page 10 (8/97)
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any additions to, or deletions of, approved equipment purchases meeting the above equipment definition.
To receive approval to purchase data processing hardware and software or enhancements thereto, PERFORMING
AGENCY must submit a detailed justification which includes description of features, make and model, and cost, etc.
PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TDH Form
GC-11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall
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 shall use the
proceeds to repair or replace said assets.
In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment,
and supplies in possession of PERFORMING AGENCY from the bankruptcy and title reverts to RECEIVING
AGENCY.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies purchased
from funds as heremabove provided reverts to RECEIVING AGENCY. Title may be transferred to any other party
designated by RECEIVING AGENCY, provided, however, that RECEIVING AGENCY may, at its option and to
the extent allowed by law, transfer title to such property to the PERFORMING AGENCY.
ARTICLE 21. Subcontracting
PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited
in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontractor.
If PERFORMING AGENCY enters into subcontract agreements, PERFORMING AGENCY agrees that all
subcontracts shall be in writing and include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• clearly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable contract Attachment(s)
or be executed annually;
• access to inspect work performed, and the premises on which it is performed, in accordance with
the Reports and Inspections Article contained in this contract; and
• all clauses required by state/federal statutes, executive orders, and their implementing regulations.
PERFORMING AGENCY agrees that all subcontracts containing a categorical budget shall include audit requirements
referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate.
If PERFORMING AGENCY plans to enter into an agreement which subcontracts out a substantial portion of an
Attachment's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts
that must have prior written approval are those that exceed $25,000 or 25 % of the applicable Attachment amount,
whichever is greater.
(LHS) 1998 GENERAL PROVISIONS - Page 11 (8/97)
PERFORMING AGENCY shall ensure that:
• all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes
and regulations;
• all subcontractors comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulars;
• subcontractors complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 22. C9nvH2hts. Publi
PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals,
films, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract
Attachment(s) that result in the production of original books, manuals, films, or other original material is financed
by a federal grant, the terms of which provide otherwise. All right, title, and interest in and to said property shall vest
in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" and
made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may
not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered a work made for hire,
all rights, title and interest therein are hereby irrevocably assigned to the RECEIVING AGENCY. RECEIVING
AGENCY shall have the right to obtain and to hold in its own name any and all patents, copyrights, trademarks,
service marks, certification marks, collective marks, registrations, or such other protection as may be appropriate to
the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY shall ensure all rights, titles,
and interest in and to said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its
subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its
subcontractors to give RECEIVING AGENCY, or any person designated by RECEIVING AGENCY, all assistance
required to perfect the rights defined in this Article, without any charge or expense beyond those amounts payable
to PERFORMING AGENCY for the services rendered under the contract.
PERFORMING AGENCY understands and agrees that, if federal funds are used to finance activities supported by
the contract Attachment(s) that result in the production of original books, manuals, films, or other original material,
the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any work
developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
PERFORMING AGENCY or its subcontractor purchases ownership with grant support. PERFORMING AGENCY
shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any
publication written or published with such support and, if feasible, on any publication reporting the results of or
describing a grant -supported activity. An acknowledgment shall be to the effect that "This publication was made
possible by grant number from (federai awarding agencv)" or "The project described was supported
by grant number from (federal awarding agenW" and "Its contents are solely the responsibility
of the authors and do not necessarily represent the official views of the (federal awarding agencvl."
In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
AGENCY reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and
to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any work
developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
grantee, subgrantee or a contractor purchases ownership with grant support.
PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING
AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include "m
Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
(LHS) 1998 GENERAL PROVISIONS - Page 12 (8/97)
If the PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
received from RECEIVING AGENCY. At least six 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 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 23. Hold Harmless
PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal
government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments,
and to 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's agreement to
indemnify RECEIVING AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies
Code, VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY, as a state governmental agency,
agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims,
losses, damages and judgments that arise from the performance or non-performance of RECEIVING AGENCY under
this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and
Remedies Code, VTCA, and to the extent allowed by any other laws.
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 24. BondinQ
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage, or self-insurance equal to the
amount of fimding provided under the contract Attachment(s) up to $100,000 that covers each employee of the
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such fiords.
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.
ARTICLE 25. Historically Underutilized Businesses
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, 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.
A HUB is defined in the Texas Government Code §2161.001(2), VTCA, 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;
(LHS) 1998 GENERAL PROVISIONS - Page 13 (8/97)
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; or
E. a supplier contract between a historically underutilized business and a prime contractor under which
the historically underutilized business is directly involved in the manufacture 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."
A HUB is defined in the General Appropriations Act, 75th Legislature, Regular Session, ARTICLE IX, General
Provisions, Section 124, Contracting with Historically Underutilized Businesses, Subsection 3, in the same manner
except that "socially disadvantaged person" is replaced with the term "economically disadvantaged person." The term
"economically disadvantaged person is defined in the General Appropriations Act as " . . . a person who is
economically disadvantaged because of the person's identification as a member of certain groups, including Black
Americans, Hispanic Americans, women, Asian 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 snake 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 to RECEIVING AGENCY.
ARTICLE 26. Sanctions
PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both
for programmatic and financial noncompliance. RECEIVING AGENCY may, at its own discretion, impose one or
more sanctions for each item of noncompliance and will determine sanctions on a case -by -case basis. Both parties
agree 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:
A. 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;
B. 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
subcontractor(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;
C. temporarily or permanently withhold cash payments. Withholding of cash payment means that the
RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to: a) recover
(LHS) 1998 GENERAL PROVISIONS - Page 14 (8/97)
payments already made for undocumented, disputed, inaccurate, or erroneous claims; b) obtain refunds
for overpayment for any reason; or c) obtain compliance;
D. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
E. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
F. amend all or a part of the contract as a result of noncompliance;
G. 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;
H. 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;
I. require the PERFORMING AGENCY to obtain technical or managerial assistance;
J. disallow claims by disapproving costs or fees claimed for payment or reimbursement by PERFORMING
AGENCY;
K. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
L. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
M. demand repayment from the PERFORMING AGENCY,
N. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the award, or to provide services as
set out in the contract;
O. take any other action which RECEIVING AGENCY deems 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 unannounced.) PERFORMING AGENCY is required
to file, within 15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that
sent the notice, acknowledging receipt of such notice and stating 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
part of the contract in an emergency by delivering written notice to a PERFORMING AGENCY, by any verifiable
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.
(LHS) 1998 GENERAL PROVISIONS - Page 15 (8/97)
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 noncompliance in accordance with
RECEIVING AGENCY's Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request
for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification.
ARTICLE 27. 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 all or a part of this contract may be terminated prior
to completion of the contract term for any of the following reasons:
A. 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.
B. 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.
C. Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or
in part, upon the following conditions:
(1) 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 or warrant of attachment or any similar process is not released or bonded
within 30 days after its entry; or
(2) 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
(3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by
the contract; or
(4) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services
provided under this contract; or
(5) 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 RECEIVING AGENCY's determination that the PERFORMING AGENCY has
failed to substantially perform under this agreement; or
(LHS) 1998 GENERAL PROVISIONS - Page 16 (8/97)
(6) RECEIVING AGENCY makes a written determination that PERFORMING AGENCY has
committed a material breach of any term(s) of this contract; or
(7) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel
or resources to perform under the contract; or
(8) 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 court 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
(9) Termination for failure of funding. This contract may be terminated in the event state and/or federal
funding for this contract is terminated, limited, suspended, or withdrawn; or
(10) 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
(11) The PERFORMING AGENCY fails to comply with any of the terms, conditions or provisions of
the contract, in any manner whatsoever.
D. Termination for Cause by PERFORMING AGENCY. If the RECEIVING AGENCY is in breach of this
contract or fails to make payments as required by the contract, the PERFORMING AGENCY may
terminate the contract.
E. Termination without Cause. This contract and any Attachment hereto may be terminated by either party
without cause provided ninety (90) days written notice is provided to the other party.
Written notice will be provided by the terminating party at least 30 days prior to the intended date of termination
unless an emergency exists or stated otherwise.
If either parry 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 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 settlement 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 28. 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.
(LHS) 1998 GENERAL PROVISIONS - Page 17 (8/97)
PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for all of its
employees filling state budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state budgeted 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 sacalled "flat rate" car allowance or travel allowance. Any such travel
or per diem allowance 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 state warrants by RECEIVING AGENCY 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 Attachments) 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 29. Funding Participation Reauir
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.
(LHS) 1998 GENERAL PROVISIONS - Page 18 (8/97)
L
f
ARTICLE 30.
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such
termination or expiration.
ARTICLE 31.
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 IIVIIVIL>NM ES FROM SUIT OR FROM LIABILM THAT RECEIVING AGENCY OR TBE STATE
OF TEXAS MAY HAVE BY OPERATION OF LAW.
(LHS) 1998 GENERAL PROVISIONS - Page 19 (8/97)
DOCUMENT NO. 7560005906 -98
ATTACHMENT NO. 03
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: BUREAU OF HIV AND STD PREVENTION
TERM: September 01, 1997 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY will conduct active surveillance and reporting activities for human
immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS).
PERFORMING AGENCY agrees that all activities will be performed in accordance with
PERFORMING AGENCY'S application, activities work plan and any revisions, and detailed
budget as approved by RECEIVING AGENCY Program. 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 Program and transmitted in writing to
PERFORMING AGENCY.
The activities required to carry out these projects are outlined in the Centers for Disease Control
and Prevention (CDC) Guidelines for HIV/AIDS Surveillance and RECEIVING AGENCY
Program's grant applications and awards by CDC which are the bases for this Attachment. Copies
have been provided to RECEIVING AGENCY Program.
PERFORMING AGENCY will be responsible for soliciting reporting of HIV infections occurring
in children 0-12 years of age. PERFORMING AGENCY agrees to:
1. Initiate and maintain effective communications and working relationships with
pediatricians, pediatric care facilities, and laboratories within PERFORMING
AGENCY'S geographic jurisdiction, in an effort to solicit reporting.
2. Assist RECEIVING AGENCY Program in conducting no -identified -risk (NIR)
investigations for those cases in which mode of exposure is unknown.
ATTACHMENT - Page l
3. Follow-up and complete CDC data collection forms on unreported cases identified
through RECEIVING AGENCY Program's review of alternate record systems.
PERFORMING AGENCY will be responsible for conducting active surveillance for the reporting
of confirmed HIV infections. PERFORMING AGENCY agrees to:
1. Establish and maintain communications with key community and medical
groups/individuals and laboratories within PERFORMING AGENCY'S geographic
jurisdiction.
2. Collect reports of confirmed HIV infections made by or under the standing orders of a
physician, and which are based upon acceptable laboratory tests results.
3. Report HIV infections to RECEIVING AGENCY HIV/AIDS Surveillance Program on a
weekly basis.
PERFORMING AGENCY will be responsible to RECEIVING AGENCY Program for the design,
maintenance and evaluation of an active surveillance system for AIDS cases. For the purposes of
this Attachment, an AIDS case is defined by CDC in its December 18, 1992 Morbidity and
Mortality and Weekly Report (MMWR) publication, Vol. 41, No. RR-17. PERFORMING
AGENCY agrees to:
1. REPORTING
a. Establish and maintain communications with key community and medical
groups/individuals and laboratories within PERFORMING AGENCY'S geographic
jurisdiction.
b. Collect reports of AIDS cases diagnosed and/or treated within PERFORMING
AGENCY'S geographic jurisdiction.
C. Report cases to RECEIVING AGENCY'S HIV/AIDS Surveillance Program on a
weekly basis.
2. REGISTRY MAINTENANCE
ATTACHMENT - Page 2
a. Maintain a case file on all confirmed and suspected cases of AIDS diagnosed
and/or treated within PERFORMING AGENCY'S geographic jurisdiction.
b. Maintain a current list of key reporting sources.
3. SYSTEM EVALUATION
a. Review and provide thorough follow-up on a minimum of eighty percent (80%) of
suspects identified by RECEIVING AGENCY Program's alternate record review
systems in order to enhance case ascertainment and validate the effectiveness of
local surveillance efforts.
b. Track reporting by local sources in order to monitor the level of compliance to
reporting laws and level of case ascertainment.
4. EPIDEMIOLOGIC INVESTIGATIONS
a. Initiate epidemiologic investigations on newly reported No Identified Risk (NIR)
cases within five (5) days of receipt of case report through contact with appropriate
health care provider or the review of medical records.
b. Assist RECEIVING AGENCY Program with other epidemiologic investigations
as deemed necessary by RECEIVING AGENCY Program or CDC.
5. DATA ANALYSIS
Demographic analyses of local data may be released as public information as long as an
individual is not identified.
6. CONFIDENTIALITY
a. Store all case files and computer diskettes containing patient information in a
locking file cabinet when not in use. The locking file cabinet and surveillance
computer must be kept in a locked room with limited, controlled access.
b. Utilize passwords to access procedures for computer databases containing
HIV/AIDS case data. Passwords should be changed monthly and known only to
surveillance personnel.
ATTACHMENT - Page 3
C. Limit the number of persons who have keys to registry files to persons directly
involved in case reporting.
d. Require a statement of confidentiality to be signed by all personnel having access
to HIV/AIDS case files and computer diskettes and kept on file by PERFORMING
AGENCY.
RECEIVING AGENCY Program must distribute funds in a way that will maximize the delivery
of authorized services to eligible clients. RECEIVING AGENCY Program will monitor
PERFORMING AGENCY'S expenditures on a quarterly basis. If expenditures are above or
below that projected in the Budget, PERFORMING AGENCY'S contract amount maybe subject
to increase or decrease for the remainder of the Attachment period.
PERFORMING AGENCY agrees to comply with:
• Chapters 81 and 85 Subchapter C of the Health and Safety Code;
• Relevant portions of Chapter 6A (Public Health Service) of Title 42 (The Public Health
and Welfare) of the United States Code, as amended;
• 25 TAC Chapter 97; and
• Client Services Standards for Public Health and Community Clinics, revised June 1997.
RECEIVING AND PERFORMING AGENCIES agree that the following performance measure(s)
will be used to assess in part PERFORMING AGENCY'S effectiveness in providing the services
set forth in this contract Attachment, without waiving the enforceability of any of the other terms
of the contract.
1. Case information collected for an estimated 0 cases will be entered into the
- computerized HIV/AIDS Reporting System (HARS) and will be transferred on a
weekly basis to RECEIVING AGENCY'S HIV/AIDS Surveillance Program. The
timetable for transferring data can be extended to monthly if agreed upon by
RECEIVING AGENCY Program and PERFORMING AGENCY in writing.
2. RECEIVING AGENCY Program will provide case reporting activities for cases
diagnosed in the following geographic area(s): Lubbock..
3. A quarterly activity report which demonstrates PERFORMING AGENCY'S
conduct of case -finding activities will be completed and submitted to RECEIVING
ATTACHMENT - Page 4
AGENCY Program on or before the 20th day of December, March, June and
September.
SECTION H. SPECIAL PROVISIONS:
PERFORMING AGENCY, or any subcontractor, shall not transfer a client record (including a
patient record) to another entity or person without written consent from the client or patient, or
someone authorized to act on his or her behalf, however, RECEIVING AGENCY (Texas
Department of Health [TDH]) may require PERFORMING AGENCY, or any subcontractor, to
transfer a client or patient record to RECEIVING AGENCY (TDH) 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 (TDH) 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 (TDH) shall keep confidential any
information obtained from the client or patient record, as required by the Health and Safety Code,
Chapter 81, and the Texas Revised Civil Statutes, Article 4495b.
Due to the sensitive and highly personal nature of HIV/AIDS-related information, strict adherence
to the General Provisions, CONFIDENTIALITY Article is required.
PERFORMING AGENCY will submit quarterly activity reports on or before the 20th day of
December, March, June and September, 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 Program.
ATTACHMENT - Page 5
SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTUAL
OTHER
TOTAL DIRECT CHARGES
INDIRECT CHARGES
TOTAL
Total reimbursements will not exceed $ 40,436.00.
$27,560.00
8,561.00
2,000.00
0.00
750.00
0.00
0.00
$38,871.00
1,565.00
$40,436.00
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 15th
of October.
Indirect cost is based on UGCMS, Table 1. Indirect charges to this contract may not exceed the
amount shown above, except by prior written approval of RECEIVING AGENCY.
ATTACHMENT - Page 6
RECEIVED
3 , p�,► �2. 02
STATE OF TEXAS
COUNTY OF TRAVIS
r
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
RESOLUTION NO.5709
Item #19
November 20, 1997
CONTRACT CHANGE NOTICE NO. 02
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachments) as follows:
SUMMARY OF TRANSACTION:
ATT. NO.04: REGIONAL ADMINISTRATIVE SERVICES
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK CITY HEALTH DEPARTMENT
11,k"By:
(Signature of p4son authorized to sign contracts)
Windy Sitton',.Mayor
and Title)
Kaythie DMnell, City Secretary
.Wie20, 1997
By: C),Q" 6 �(96kfT4�1- -
(PERF ENCY Director, if different
frornkpwton authorized to sign contract)
Approved as to tormi
City Attorney
C C11
Uj
.�.
<
+' LU
RECEIVING AGENCY:
cv c�7 1.
TEXAS DEPARTMENT OF HEALTH
By: k z'!'1GiYl/
e of person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date:
APPROVED AS TO FORM:
By: yama, Q-ZZ;5-- c
Office of General Counsel
33
No Text
DETAILS OF ATTACHMENTS
Attl
Amd
No.
TDH
Program/
ID
Term
Financial Assistance
Direct
Assistance
Total Amount
(TDH Share)
Begin
End
Source of
Funds*
Amount
01
HIV/PCPEEDUC
01/01/97
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
State
0.00
0.00
0.00
03
HIV/SURV
09/01/97
08/31/98
State
40,436.00
0.00
.40,436.00
04
ORAS
09/01/97
08/31/98
State 93.991
69,192.00
45,300.00
114,482.00
TDH Document No.7560005906 98 Totals
Change No. 03
$151,551.00
$45,300.00
$196,851.00
*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.
34
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or an employee of any agency,
a member of congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form- 111, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature
Windy Sitton, Mayor
Print Name of Authorized Individual
7560005906 98-04
Application or Contract Number
Organization Name
November 20, 1997
Date
DOCUMENT NO. 75600059M-98
ATTACHMENT NO. 04
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: OFFICE OF REGIONAL ADMIN. SERVICES.
TERM: September 01, 1997 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
ESSENTIAL PUBLIC HEALTH SERVICES
PERFORMING AGENCY will use direct assistance and/or financial assistance, as specified in
SECTION III., BUDGET, from RECEIVING AGENCY to deliver one or more of the following
ten (10) essential public health services as specified in PERFORMING AGENCY'S FY' 98
Service Delivery Plan:
1. Monitor health status to identify community health problems;
2. Diagnose and investigate health problems and health hazards in the community;
3. Inform, educate, and empower people about health status;
4. Mobilize community partnerships to identify and solve health problems;
5. Develop policies and plans that support individual and community health efforts;
6. Enforce laws and regulations that protect health and ensure safety;
7. Link people to needed personal health services and assure the provision of health
care when otherwise unavailable;
8. Assure a competent public health and personal health care workforce;
9. Evaluate effectiveness, accessibility, and quality of personal and population -based
health services; and
10. Research for new insights and innovative solutions to health problems.
Two types of support are provided under this program: (1) direct assistance in the form of State -
paid positions and/or vaccines and/or (2) financial assistance from General Revenue funds and the
Preventive Health and Health Services Block Grant.
STATE -PAID POSITIONS
These positions report to and are directly supervised by PERFORMING AGENCY administrative
staff. Supervision authorization includes, but is not limited to, overseeing daily work assignments
ATTACHMENT - Page 1
and duties, staff development, evaluations, daily supervision, leave approval, promotions, and
disciplinary actions including termination of the employee.
FINANCIAL ASSISTANCE
For FY 1998, while 73.5 % (the General Revenue funds) will continue to be directed toward the
delivery of a broad range of essential public health services, 26.5 % (the Preventive Health and
Health Services Block Grant funds) will be designated for activities directed solely toward
environmental and/or policy change designed to reduce the incidence of cancer and heart disease.
PERFORMING AGENCY agrees to perform activities as stipulated in PERFORMING
AGENCY'S written plans for service delivery in FY '98. These plans include monitoring,
outcome objectives, and specific activities to be performed throughout the year.
SECTION II. SPECIAL PROVISIONS
General Provisions, REPORTS AND INSPECTIONS Article, is amended to include the following
paragraph:
PERFORMING AGENCY will submit quarterly reports and an Annual Expenditures Report to
the appropriate Public Health Regional Director in the format specified by RECEIVING
AGENCY within thirty (30) days following the end of each quarter and sixty (60) days following
the end of PERFORMING AGENCY'S fiscal year.
ATTACHMENT - Page 2
SECTION M. BUDGET:
DIRECT ASSISTANCE
Direct assistance involves the assignment of state funded positions or the provision of supplies
such as vaccines in lieu of cash.
PERSONNEL
$459300.00
TRAVEL
0.00
LABORATORY SUPPORT
0.00
VACCINE
0.00
OTHER
0.00
TOTAL $459300.00
If applicable, direct assistance for personnel is shown on the attached list of positions and
budgetary amounts which is an integral part of this Attachment. State salary warrants for net
earnings will be issued in accordance with state regulations.
Financial status reports (FSRs) are not required on direct assistance. Program income generated
from activities supported with direct assistance will be reported on FSRs required for financial
assistance provided through this Attachment, if applicable, or through other program
Attachments(s) benefitting from this assistance.
RECEIVING AGENCY direct assistance will not exceed $ 45,300.00.
ATTACHMENT - Page 3
FINANCIAL ASSISTANCE
Financial assistance involves payment of funds to Performing Agency for costs incurred in
carrying out approve. activities.
PERSONNEL
$599382.00
FRINGE BENEFITS
9,800.00
TRAVEL
0.00
EQUIPMENT
0.00
SUPPLIES
0.00
CONTRACTUAL
0.00
OTHER
0.00
TOTAL $69,182.00
RECEIVING AGENCY financial assistance will not exceed $69,182.00.
TOTAL RECEIVING AGENCY assistance will not exceed $114,482.00.
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 15th
of October.
ATTACHMENT - Page 4
1
LUBBOCK CITY HEALTH
DEPARTMENT
PAGE 902
TEXAS DEPARTMENT OF HEALTH
PHR 01
OPERATING BUDGET FOR YEAR ENDING
AUGUST 310 1998
AS OF JUNE 30 1997
BUDGET NO.
LC000
H21311/Ki3028
CATE- DESCRIPTION OR TITLE
FUND END ITEM JOB
PAY
PAY EFFECTIVE MONTHLY
BUDGETED AMT
GORY
DESC. MONTH NO. CLASS
GP
STP DATE
RATE
1 LIC VOCATIONAL NURSE II
STATE AUG 083 4412
10
OS SEP 97
1,916.00
22,992.00
ADMINISTRATIVE TECH I
STATE AUG 104 1501
08
08 SEP 97
1.859.00
22,308.00
45,300.00
0
t
o-% : ,;ITM1DIN
. e ' _
___.
RESOLUTION NO. 5709
Item # 19
November 20, 1997
STATE OF TEXAS
COUNTY OF TRAVIS
y
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
� �• n � • •�1 1 1 �11�
CONTRACT CHANGE NOTICE NO. Qj
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amens such contract attacnmem(s) as touows:
SUMMARY OF TRANSACTION:
ATT. NO. 05: IMMUNIZATION DIVISION
All terms and conditions not hereby amended remain in full force and effect.
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:
LUBBOCK CM HEALTH DEPARTMENT
A�e J'Z., lcz� _'�'7L -
By:
(Signature of person #thodzed to sign contracts)
Windy Sitton, Mayor
(Name and Title)
By: _ - (��auja' —
(PERFORMIN NCY Director, if different
from kjon authorized to sign contract)
ved as to to !
City Attorney
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By:
(Signature person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Sezyices
(Name and Title)
Date: �� ; � 2 ez 0 �;; I
APPROVED AS TO FORM:
By•.V VZZ�_CCT 13WT
Office of General Counsel
- Rev. 12/95
Cover Page 1
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
HIV/PCPEEDUC
01/01/97
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
State
0.00
0.00
0.00
03
HIV/SURV
09/01/97
08/31/98
State
40,436.00
0.00
.40,436.00
04
ORAS
09/01/97
08/31/98
State 93.991
69,182.00
45,300.00
114,492.00
05
1 U&&WCALS
09/01/97
08/31/98
State 93.268
68,356.00
115,729.00_1
184,095.00
TDH Document No.7560005906 98 Totals
Change No. 04
$219,907.00
$161,029.00
$380,936.00
*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
DOCUMENT NO. 7560005906-98
ATTACHMENT NO. 05
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: IMMUNIZATION DIVISION
TERM: September 01, 1997 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY will use direct assistance and financial assistance from RECEIVING
AGENCY for the implementation of an immunization program for children, adolescents, and
adults, with special emphasis on children two years of age (less than 36 months of age) or
younger. PERFORMING AGENCY will incorporate traditional and nontraditional, systematic
approaches designed to eliminate barriers, expand immunization delivery, and establish uniform
policies to immunize preschool -age children appropriately. The goal of the immunization program
is to prevent, control, and eliminate indigenous vaccine -preventable diseases by providing and
administering biologicals, promoting immunizations, and applying epidemiologic principles and
outbreak control measures within budgetary constraints.
PERFORMING AGENCY agrees to implement the "Standards for Pediatric Immunization
Practices," February 1996, recommended by the National Vaccine Advisory Committee, approved
by the United States Public Health Service, and endorsed by the American Academy of Pediatrics.
PERFORMING AGENCY agrees to formulate and implement a comprehensive immunization
policy for all employees according to the most current Advisory Committee on Immunization
Practices (ACID) statement: "Immunization of Health -Care Workers."
PERFORMING AGENCY agrees to submit a detailed personnel report by the first day of the fifth
month of this Attachment period to RECEIVING AGENCY'S Program Director, outlining
positions funded through this Attachment. The report will contain the following information:
* Position Title and Classification
* Monthly and Yearly Salary
* Job Description
* Percent of time allocated to each major job task
ATTACHMENT - Page 1
PERFORMING AGENCY agrees to attend and participate in at least one seminar or training
session addressing the immunization requirements for children and students enrolled in Texas'
public and private schools and licensed child-care facilities.
PERFORMING AGENCY will investigate all reported and suspected cases of invasive
Haemophilus influenzae disease in children less than 5 years of age and all reported cases and
suspected cases of measles, rubella, pertussis, paralytic poliomyelitis, and diphtheria within 24
hours of receipt of the initial case report. PERFORMING AGENCY will investigate all reported
suspected cases of mumps and tetanus within 48 hours of receipt of the initial case report.
PERFORMING AGENCY will complete all case investigation forms and provide complete
epidemiologic data on all reported cases of invasive Haemophilus influenzae disease in children
less than 5 years of age, and all reported cases of measles, mumps, rubella, congenital rubella
syndrome, pertussis, diphtheria, and paralytic poliomyelitis to RECEIVING AGENCY within 30
days of the initial case report. PERFORMING AGENCY will provide copies of investigation
forms to RECEIVING AGENCY.
PERFORMING AGENCY will adhere to the Vaccine -Preventable Disease Surveillance Guidelines
provided by RECEIVING AGENCY. PERFORMING AGENCY will implement the most current
outbreak control procedures and measures as recommended and provided by RECEIVING
AGENCY.
PERFORMING AGENCY will implement animmunization reminder and recall system to notify
parents or guardians of children when immunizations are due. The notifications may be automated
or manual and may include mailed or telephone contacts. Extra efforts shall be made to notify
parents or guardians of children at high -risk of failure to complete the vaccines on schedule (e.g.
children who start their vaccines late).
PERFORMING AGENCY agrees to provide immunization services outside usual clinic hours
(8:00 a.m, to 5:00 p.m.) at least once each month or as needed to insure barrier -free access to
immunization clinics. PERFORMING AGENCY residency requirements are not applicable under
this Attachment. PERFORMING AGENCY cannot deny vaccinations to recipients because they
do not reside within PERFORMING AGENCY'S jurisdiction.
PERFORMING AGENCY agrees to maintain an accurate, up-to-date list of clinics and sites
where public sector (free or low cost) immunization services are offered in PERFORMING
AGENCY'S local area. PERFORMING AGENCY further agrees to update the clinic list monthly
and provide the updates to local area Aid to Families of Dependent Children (AFDC) offices and
to the Immunization Communication and Training Program of RECEIVING AGENCY.
ATTACHMENT - Page 2
No fee may be charged for vaccines provided by RECEIVING AGENCY. All vaccines obtained
under this Attachment must be used solely for purposes of this Attachment and cannot be sold to
agencies or individuals.
PERFORMING AGENCY shall not collect vaccine administration fees from Medicaid recipients.
Vaccine administration fees collected from non -Medicaid patients will be kept within guidelines
established by RECEIVING AGENCY. PERFORMING AGENCY agrees that no one may be
denied immunization services in public clinics because of inability to pay the administration fee.
Fee schedules will not be based on vaccine type, formulation, or dose in series. A copy of
PERFORMING AGENCY'S fee schedule must be submitted to RECEIVING AGENCY by the
first day of the fifth month of this Attachment period.
All equipment and vaccine used in RECEIVING AGENCY'S Immunization Programs are
purchased with public funds and must be accounted for the same as other public property.
RECEIVING AGENCY may investigate equipment or vaccine loss, destruction, spoilage, or
other waste and may then require PERFORMING AGENCY to replace or reimburse
RECEIVING AGENCY for them.
PERFORMING AGENCY agrees to record vaccine lot numbers on all vaccine storage records
and in individual clinic immunization records to ensure a vaccine audit trail. PERFORMING
AGENCY agrees to provide RECEIVING AGENCY with a copy of any local agency audit of
immunization program funds and vaccines.
PERFORMING AGENCY agrees to submit a report to RECEIVING AGENCY for the previous
calendar year that details storage measures and methods used to control vaccine loss, including
methods to monitor and record daily vaccine storage temperatures. The report must be submitted
by the first day of the fifth month of this Attachment period in a format provided by RECEIVING
AGENCY.
PERFORMING AGENCY agrees to assist in distributing state -supplied vaccines to "Texas Health
Steps" providers, Medicaid providers, physicians, and other providers and organizations within
PERFORMING AGENCY'S local area.
PERFORMING AGENCY will provide the parent, managing conservator, or guardian of each
patient with a form, developed by RECEIVING AGENCY in compliance with Health and Safety
Code §161.007(a), VTCA. This form will allow the parent, managing conservator, or guardian
to authorize participation in the Immunization Tracking System (ImmTrac). When this form is
signed and returned, PERFORMING AGENCY will comply with the requirements of Health and
Safety Code, §161.007(d), VTCA, and provide an immunization history to RECEIVING
AGENCY.
ATTACHMENT - Page 3
i
PERFORMING AGENCY agrees to provide RECEIVING AGENCY weekly data transfers of
all vaccines administered, detailed by client name, demographics, and dose information. The data
will be submitted in a format provided by RECEIVING AGENCY for inclusion in the state's
immunization registry (ImmTrac).
PERFORMING AGENCY agrees to comply with all applicable laws, regulations, standards, and
guidelines established at federal, state and local levels as these rules now appear or may be
amended during the period of this Attachment. These include, but are not limited to, the
following Texas Immunization laws, rules, and regulations: Texas Human Resources Code
§42.043, VTCA; Texas Education Code §§38.001-38.002, VTCA; Health and Safety Code
§81.023 and §§161.001-161.008, VTCA; 25 TAC §§97.61-97.77 and §§97.101-97.102; 42 USC
§247b as amended; the Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B; and the
Client Services Standards for Public Health and Community Clinics, revised June 1997.
RECEIVING and PERFORMING AGENCIES agree that the following performance measure(s)
will be used, in part, to assess PERFORMING AGENCY'S effectiveness in providing the services
set forth in this contract Attachment, without waiving the enforceability of any of the terms of the
contract.
PERFORMING AGENCY will provide an estimated 16,598 doses of vaccine to clients in or
benefiting the area defined as: Lubbock, and surrounding counties.
PERFORMING AGENCY agrees to provide RECEIVING AGENCY monthly reports of doses
administered by vaccines and age group and vaccine utilization/loss. Reports will be submitted
by the fifteenth of each month for the previous calendar month, on forms provided by
RECEIVING AGENCY (forms C5, C33, C33A). If automated reports are used by
PERFORMING AGENCY, the report must be similar to and include the same information as the
C5, C33, C33A forms. PERFORMING AGENCY further agrees to provide copies of each
Biological Transfer Form (C-68) used to transfer vaccines to another agency or private provider.
Vaccine lot numbers must be included on all Biological Transfer Forms used to transfer vaccines.
The goal of PERFORMING AGENCY will be to endeavor to achieve and maintain 90% vaccine
coverage levels for diphtheria and tetanus toxoids and pertussis vaccine [DTP], diphtheria and
tetanus toxoids and acellular pertussis vaccine [DTaP], diphtheria and tetanus toxoids [DT],
polio, measles/mumps/rubella [MMR], and Haemophilus inyluenzae type b conjugate [HibCV]
vaccines in preschool age children. During the term of this Attachment, the coverage level for
hepatitis B will be 80%.
ATTACHMENT - Page 4
PERFORMING AGENCY agrees to implement and participate in RECEIVING AGENCY'S
Perinatal Hepatitis B Prevention Program following program protocol and providing program
services when HBsAg-positive pregnant women are identified in their service area.
PERFORMING AGENCY agrees to assist licensed child care facilities and registered family
homes in achieving and maintaining 90% of immunization levels.
PERFORMING AGENCY agrees to assist accredited public and private schools in achieving and
maintaining 95% immunization levels.
PERFORMING AGENCY will assess the clinical records of preschool -age children to determine
immunization levels. PERFORMING AGENCY will randomly select and assess immunization
records using the Centers for Disease Control and Prevention (CDC) Clinic Assessment Software
Application (CASA) available from RECEIVING AGENCY. PERFORMING AGENCY must
complete two assessments during the term of this Attachment, using the criteria specified in the
attached Exhibit "A". One of these assessments may be conducted in cooperation with
RECEIVING AGENCY. Assessment results must be reported to RECEIVING AGENCY'S
Program Director not more than two weeks after the assessments are completed. An electronic
file (either a backup or transfer file) for each clinic assessment should contain the following
information:
* Date of assessment
* Name and address of assessment site (including county and RECEIVING
AGENCY'S public health region)
* Contact name (preferably the name of individual that performed the assessment)
* Name of organization
* Site(s) covered by filing system
* Description of files that were used for the assessment (e.g., card files, medical
records)
* Criteria for excluding records (if any)
* Estimated "active" client population, sampling interval, and sample size
SECTION II. SPECIAL PROVISIONS
PERFORMING AGENCY understands that travel funds are provided for use by persons assigned
to the immunization project. All out-of-state travel and travel for persons not assigned to the
immunization project (this Attachment) require prior approval by RECEIVING AGENCY'S
Program Director. Travel expenses will be reimbursed in accordance with PERFORMING
AGENCY'S written travel policy; if PERFORMING AGENCY does not have a travel policy in
place, travel expenses will be reimbursed according to State of Texas travel regulations.
ATTACHMENT - Page 5
For immunization activities performed under this Attachment, General Provisions, OVERTIME
COMPENSATION Article, is not applicable, and PERFORMING AGENCY agrees to comply
with the following paragraphs:
PERFORMING AGENCY is authorized to pay employees who are not exempt under the
Fair Labor Standards Act (FLSA), 29 USC, Chapter 8, §201 et seq., for overtime or
compensatory time at the rate of time and one-half per FLSA.
PERFORMING AGENCY is authorized to pay employees who are exempt under FLSA
on a straight time basis for work performed on a holiday or for regular compensatory
time hours when the taking of regular compensatory time off would be disruptive to
normal business operations.
Authorization for payment under this provision is limited to work directly related to
immunization activities and must be in accordance with the amount budgeted in this
contract Attachment.
PERFORMING AGENCY is responsible for documenting proper authorization or
approval for any work performed by exempt or non-exempt employees in excess of 40
hours in a workweek.
ATTACHMENT - Page 6
SECTION III. BUDGET:
DIRECT ASSISTANCE
Direct assistance involves the assignment of state funded positions or the provision of supplies
such as vaccines in lieu of cash.
PERSONNEL $0.00
TRAVEL 0.00
LABORATORY SUPPORT 0.00
VACCINE 115,729.00
OTHER 0.00
TOTAL $115,729.00
If applicable, direct assistance for personnel is shown on the attached list of positions and
budgetary amounts which is an integral part of this Attachment. State salary warrants for net
earnings will be issued in accordance with state regulations.
Financial status reports (FSRs) are not required on direct assistance. Program income generated
from activities supported with direct assistance will be reported on FSRs required for financial
assistance provided through this Attachment, if applicable, or through other program
Attachments(s) benefitting from this assistance.
RECEIVING AGENCY direct assistance will not exceed $ 115,729.00.
ATTACHMENT - Page 7
FINANCIAL ASSISTANCE
Financial assistance involves payment of funds to Performing Agency for costs incurred in
carrying out approved activities.
PERSONNEL
$51,236.00
FRINGE BENEFITS
17,120.00
TRAVEL
0.00
EQUIPMENT
0.00
SUPPLIES
0.00
CONTRACTUAL
0.00
OTHER
0.00
TOTAL $68,356.00
RECEIVING AGENCY financial assistance will not exceed $68,356.00.
TOTAL RECEIVING AGENCY assistance will not exceed $184,085.00.
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 15th
of October.
ATTACHMENT - Page 8
1 WA 11:
Assessments for these facilities can be automated using the (CASA) import feature. The following
issues must be considered prior to an automated assessment:
* Shall be validated with at least one manual assessment.
* Can only be used if cmplete immunization histories are entered into computer database.
* Methodology used for an automated assessment must be approved by RECEIVING
AGENCY as meeting contract requirements.
* Complete enumeration should be performed (i.e., CASA sampling feature is not used)
Assessment Criteria #1
CASA Clinic/Provider Site Requirements
Date of Assessment
Common Review Date of 01102/96 for Children 24 to 35 Months of Age
Provider Type
Name of Clinic/Provider Site
Reviewer Initials
City
Estimated "Active" Client Population and Sample Size for Children Born in 1993
CASA Clinic/Provider Site Requirements
CASA Client Information
FULL Last and First Name
Date of Birth (Between O1/01/93 and 12/31/93)
Client Zipcode
Moved or Gone Elsewhere
Number of Visits (Medical Charts Only)
Shot Type
Shot Date
Assessment Criteria #2
Date of Assessment
Common Review Date of 011OV96 for Quldren 12 to 24 Months of Age
Provider Type
Name of Clinic/Provider Site
Reviewer Initials
City
Estimated `Active" Client Population and Sample Size for Children 12 to 15
Months of Age as of 01/02/96
CASA Client Information
FULL Last and First Name
Date of Birth (Between 01/01/93 and 12/31/93)
Client Zipeode
Moved or Gone Elsewhere
Number of Visits (Medical Charts Only)
Shot Type
Shot Date
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or an employee of any agency,
a member of congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form- 111, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigribd shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
A�'A-
November 20, 1997
Signature Date
Windy Sitton, Mayor
Print Name of Authorized individual
7560005906 98-05
Application or Contract Number
• o) IN cra11
mebUIUllon No. 5709
Item #19
November 20, 1997
RESOLUTIQN
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 Contract Change Notices No. 1, 2, 3 and 4 to
the existing Contract (TDH Document No. 7560005906) by and between the City of Lubbock
and the Texas Department of Health for health services, attached herewith, and any additional
associated documents, which Change Notices 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 20th day of November , 1997.
TFST:
'bi LIU,,
yt� Darnell, City Secretary
APPROVED AS TO CONTENT:
Doug =aom'munity
Managing Director of
HealServices
APPROVED AS TO FORM:
DO(Wd G. Vandiver, Fiist Assistant
City Attorney
wccdoctlrW roa
November 11. 1997
"JINDINEiTON,••
R ffcelveoFg��
F
1998
SEC
LBRETARY
510q
STATE OF TEXAS
COUNTY OF TRAVIS
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
CONTRACT CHANGE NOTICE NO. 01
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT. NO. 03A: HIV - SURVEILLANCE
All terms and conditions not herebv amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CAI M`la :: • ,
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK ITY HEALTH DEPARTMENT
a
By: %'�
(Signature of pe n athorized to sign contracts)
WINDY SITTON, MAYOR
(Name and Title)
Date: j �f
RECOMMENDED:
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By: go,- rimwa.411, /)W
(gignafure of person auth tz sig tracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date:
By: 26(x'e
(PERFO G GENCY Director, if different
from person authorized to sign contract)
Douq Goodman, Managing Director of Health & Community Services
APPROVED AS TO FORM:
Donald G. Vandiver, First Assiskant City Attorney
Cover Page 1
RECEIVED
97 DEC 29 P i 2: 29
RANTS MANAGEMENT DIY.
STATE OF TEXAS
COUNTY OF TRAVIS
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
91 '-ZnoC
SOLUTION 5709
07-�-101111 �1- %-
CONTRACT CHANGE NOTICE NO. Q(
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT. NO.06: TB - PREVENTION AND CONTROL
All terms and conditions not herebv amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK CITY HEALTH DEPARTMENT
By: 0 "1 X L2 V"'
(Signature of pevon authorized to sign contracts)
WyINDY -S I TTON 11AYOR
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By:
gnat of person authorized to sign contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
Date '1;7
proved
.�t;) fAty Attorney
Cover Page 1
97 cErC 19 11 10: 05
1rJ Miifsti�C4'iEti 1 DIT.
• ' 1 RIJ:: • Hhl:��ly. • ' : ' yu
TDH DOC. NO: 75kM5906 98
ATTACHMENT NO:Qa&
CHANGE NO: 05
EQUIPMENT LIST
NO. OF
UNIT
ITEM
DESCRIPTION
UNITS
COST
EXTENSION
001
Pentium 200 mHZ Pentium processor with
1
$2,500.00
$2,500.00
64 MB RAM, 4 MB VRAM, PCI bus,
printer interface, EIDE HD, intel
motherboard, Windows 95, SVGA monitor.
' 002
Heavy duty cross -cut shredder with
1
$1,000.00
$1,000.00
automatic stop, 16" opening, 12-14 sheet
capacity, 115V 50HZ electrical,and 1 hp
,
motor.
TOTAL
$3,500.00
Items may be brand name, if specified, or equivalent.
Equipment List - Page 1
9`� GrC 29 Pi 2: 29
��A 1TS IAGEtAENT Dty.
RUEC=IV D--TDH
i 77 DEC 15 FU 9 02
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
H1V/PCPEEDUC
01/01/97
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
State
0.00
0.00
0.00
03A
HIV/SURV
09/01/97
08/31/98
State
45,068.00
0.00
45,068.00
04
ORAS
09/01/97
08/31/98
State 93.991
69,182.00
45,300.00
114,482.00
05
IMM/LOCALS
09/01/97
08/31/98
State 93.268
68,356.00
115 729.001
184,085.00
TDH Document No.7560005906 98 Totals
Change No. 05
$224,539.00
$161,029.00
$385,568.00
*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
TEXAS DEPARTMENT OF HEALTH
RECEIVING AGENCY PROGRAM: BUREAU OF HIV AND STD PREVENTION
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
CONTRACT TERM: 09/01/1997 THRU: 08/31/1998 BUDGET PERIOD: 09/01/1997 THRU 08/31/1998
TDH DOC. NO. 7560005906 9803A CHG. 05
REVISED CONTRACT BUDGET
FINANCIAL ASSISTANCE
OBJECT CLASS CATEGORIES
CURRENT APPROVED
BUDGET (A)
CHANGE
REQUESTED (B)
NEW OR REVISED
BUDGET (C)
Personnel
Fringe Benefits
Travel
Equipment *
Supplies
Contractual
Other
Total Direct Charges
Indirect Charges
TOTAL
PERFORMING AGENCY SHARE:
Program Income (Carryover)
Program Income (Projected)
Other Match
RECEIVING AGENCY SHARE
PERFORMING AGENCY SHARE
$27,560.00
$0.00
$27,560.00
8,561.00
0.00
8,561.00
2,000.00
1,000.00
3,000.00
0.00
3,500.00
3,500.00
750.00
0.00
750.00
0.00
0.00
0.00
0.00
0.00
0.00
38,871.00
4,500.00
43,371.00
1,565.00
132.00
1,697.00
$40, 436.00
$4, 632.00
$45, 068.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$40,436.00
$4,632.00
$45,068.00
$0.00
$0.00
$0.00
Detail on Indirect Cost Rate Type:
Rate 0.00 % Base $0.00 Total $0.00
Budget Justification: Increase due to one-time addition of equipment and travel funds.
Form No. GC-9
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 15th of October.
* Equipment list attached.
Indirect cost is based on UGCMS, Table 1. Indirect charges to this contract may not exceed the amount shown above, except by prior
written approval of RECEIVING AGENCY.
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
12/31/97
93.940
41,933.00
0.00
41,933.00
02
M&D
09/01/97
08/31/98
State
0.00
0.00
0.00
03A
HIV/SURV
09/01/97
08/31/98
State
45,068.00
0.00
45,068.00
04
ORAS
09/01/97
08/31/98
State 93.991
69,182.00
45,300.00
114,482.00
05
B4M/LOCALS
09/01/97
08/31/98
State 93.268
68,356.00
115,729.00
184,085.00
06
TB/PC
09/01/97
1 08/31/98
State
20,073.00
0.00
20,073.00
TDH Document No.7560005906 98 Totals
Change No. 06
$244,612.00
$161,029.00
$405,641.00
*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
DOCUMENT NO. 7560005906 -98
ATTACHMENT NO. 06
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: TUBERCULOSIS ELIMINATION DIVISION
TERM: September 01, 1997 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY will develop and provide: (1) basic services for tuberculosis (TB)
prevention and control and (2) expanded outreach services to individuals of identified sub -groups
who have TB or who are at high risk of developing TB throughout PERFORMING AGENCY'S
defined service area. PERFORMING AGENCY agrees to perform the following activities:
A. Provide basic and expanded outreach services in compliance with RECEIVING AGENCY'S
Standard of Performance (Second Edition, May 1997) and the following series of American
Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) "Joint
Statements" on diagnosis, treatment and control of tuberculosis:
• Treatment of Tuberculosis and Tuberculosis Infection in Adults and Children
(American Journal Respiratory Critical Care Medicine, Vol. 149, pp 1359-1374,
1994)
• Control of Tuberculosis
(American Review Respiratory Disease, Vol. 146, pp.1623-33, 1992)
• Diagnostic Standards and Classification of Tuberculosis
(American Review Respiratory Disease, Vol. 142, pp. 725-35, 1990)
• The Tuberculin Skin Test
(American Review Respiratory Disease, Vol. 124, pp. 356-63, 1981)
These documents are incorporated herein by reference and made a part of this Attachment.
B. Accomplish the following objectives during the period of this Attachment in accordance with
PERFORMING AGENCY'S approved service delivery plan.
1. Management of Cases and Suspects. PERFORMING AGENCY will assure that the
following basic case management components are conducted for all confirmed and
suspected TB cases:
• coordinate patient isolation until rendered non-infectious and educate patient;
ATTACHMENT - Page 1
• initial treatment of all TB cases with ATS/CDC recommended four -drug therapy,
unless contraindicated, and follow ATS/CDC treatment guidelines until therapy
is completed;
• all TB cases not placed on directly observed therapy (DOT) must have written
documentation in patient's medical record explaining deviation if record is
maintained at PERFORMING AGENCY;
• drug susceptibility testing and adjustment of treatment if drug resistance is found;
• obtaining a consult with RECEIVING AGENCY'S designated TB expert on all
drug resistant cases, providing written documentation in patient's medical record
indicating that the consult occurred and that PERFORMING AGENCY adhered
to advice or justification for deviations from the advice;
• obtaining a consult with RECEIVING AGENCY'S designated pediatric TB
expert on all complicated TB cases in children less than 15 years of age,
providing written documentation in patient's medical record indicating that the
consult occurred and that PERFORMING AGENCY adhered to advice or
justification for deviations from this advice;
• monthly monitoring for drug toxicity; and,
• providing human immunodeficiency virus (HIV) testing for all patients at high
risk for HIV.
2. Management of Contacts and Positive Reactors. PERFORMING AGENCY will assure
that the following minimal patient management procedures will be conducted:
• examination of all household and other close contacts to suspected infectious TB
cases within 7 to 10 days of initial notification/diagnosis;
• evaluation of all contacts who are positive reactors for evidence of active disease.
Additional positive reactors may be evaluated as resources permit with emphasis
on high risk groups;
• use of directly observed preventive therapy (DOPT) for household contacts,
especially children under 15 years of age requiring preventive treatment; and,
• monthly monitoring for drug toxicity.
3. Surveillance. PERFORMING AGENCY will design and implement surveillance
programs with health care providers throughout PERFORMING AGENCY'S defined
ATTACHMENT - Page 2
service area to ensure that all TB cases, suspects, and children less than 15 years of age
with TB infection are reported to the local health authority (IRA) or RECEIVING
AGENCY'S Regional Director in the absence of a LHA within one working day of
identification.
4. Infection Control. PERFORMING AGENCY shall have policies, procedures, and
facilities to prevent transmission of M. tuberculosi in accordance with CDC's
"Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health -
Care Facilities," 1994 (Morbidity and Mortality Weekly Report, Vol. 43, No. RR-13,
pp. I-132 and revisions hereof). Prevention measures shall consist of a hierarchy of
controls, as specified in RECEIVING AGENCY'S Standard of Performance, including
administrative, environmental and personal protection.
5. Screening High Risk Populations. PERFORMING AGENCY will implement TB
screening activities in identified high risk populations including:
• foreign -born persons from areas of high TB incidence;
• medically underserved, low-income populations, including high risk racial and
ethnic groups;
• persons with HIV infection or auto -immune deficiency syndrome (AIDS), and
individuals at high risk for contracting HIV (e.g. injecting drug users, sex for
drugs); or,
• locally identified high prevalence groups (e.g. migrant farm workers, homeless
persons).
These screening programs shall be linked to appropriate follow-up efforts, as described
in CDC's "Screening for Tuberculosis and Tuberculosis Infection in High -Risk
Populations," 1995 (Morbidity and Mortality Weekly Report, Vol. 44, No. RR-11 and
revisions hereof). Effective working relationships must be developed and maintained
with drug treatment centers, homeless shelters, and community -based organizations, jails
and prisons, and agencies providing services for migrants, foreign born, and HIV/AIDS
high -risk groups.
6. Professional Education. PERFORMING AGENCY will assure that all new TB
personnel will receive 40 hours of tuberculosis program training relevant to their
position within 60 days of employment. Each year, employees will receive 16 hours of
continuing TB education or training relevant to their position. The CDC's Self -Study
Modules on Tuberculosis shall be utilized in the initial training. Documentation of this
training shall be retained and made available upon request by RECEIVING AGENCY.
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RECEIVING AGENCY agrees to provide administrative and technical assistance for the
implementation and operation of the service delivery plan.
PERFORMING AGENCY agrees to comply with the Chapter 13, Subchapter B, Health and
Safety Code, Texas Tuberculosis Code; Chapter 81, Health and Safety Code, Communicable
Disease Prevention and Control Act; 25 Texas Administrative Code, Chapter 97, Communicable
Disease; and Quality Care: Client Services Standards for Public Health and Community Clinics,
revised June 1997.
RECEIVING and PERFORMING AGENCIES agree that the following key outcome performance
measures will be used to assess in part PERFORMING AGENCY'S effectiveness in providing
the services set forth in this contract Attachment, without waiving the enforceability of any of the
other terms of the contract.
• 90% of patients are on directly observed therapy (DOT)
• 90 % of DOT doses are delivered to patients placed on drug therapy
• 80 % of directly observed preventive therapy (DOPT) doses are delivered to patients placed
on preventive therapy
• 70% of contacts completing six (6) months of continuous preventive therapy
• 90 % of contacts are initially evaluated
PERFORMING AGENCY shall report on these measures quarterly in the format provided by
RECEIVING AGENCY. In addition, PERFORMING AGENCY shall maintain documentation
and report quarterly on the support measures defined in the reporting format, which are used to
calculate key outcome performance measures. The reporting dates and applicable quarters are:
December 31 (September -November)
March 31 (December -February)
June 30 (March -May)
September 30 (June -August)
PERFORMING AGENCY will provide services in or benefiting the county(ies) defined as:
Lubbock.
SECTION U. SPECIAL PROVISIONS:
General Provisions, REPORTS AND INSPECTIONS Article, is revised to include the following:
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1. PERFORMING AGENCY agrees to develop and submit a service delivery plan and detailed
budget justification for continuation of this Attachment during the next fiscal year. The plan
and budget shall be prepared in a format prescribed by RECEIVING AGENCY and
submitted to RECEIVING AGENCY, TB Elimination Division Director and the Regional
Director, no later than 120 days prior to the end of this Attachment term. The plan will
describe PERFORMING AGENCY'S service delivery and activities toward meeting the
objectives outlined in SECTION I.B. above, including updated key outcome performance
measure targets and a detailed line -item budget justification.
2. PERFORMING AGENCY will mail all initial reports of confirmed TB cases, suspected TB
cases, and TB infection in children less than 15 years of age to RECEIVING AGENCY
within five (5) working days of identification or notification. Any updates to initial TB-
400B (e.g., diagnosis, medication changes, x-rays, and bacteriology) and closures will be
mailed to RECEIVING AGENCY.
3. PERFORMING AGENCY will mail reports of contacts on all Class 3 TB cases and smear
positive Class 5 TB suspects within four (4) weeks of identification of Class 3 and 5 and
submit information using the TB-340 standard form. All subsequent contacts will be mailed
as contacts are identified.
General Provisions, TERMS AND CONDITIONS OF PAYMENT Article, is revised to include
the following:
Funding from this Attachment 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 under this Attachment. PERFORMING AGENCY
further agrees to maintain level support. If the total costs of the project are greater than the
RECEIVING AGENCY share set out in SECTION III. BUDGET, PERFORMING
AGENCY agrees to obtain funds for the remaining costs in order to accomplish the
objectives set forth in this Attachment.
General Provisions, PROGRAM INCOME Article, is revised to include the following:
Both parties agree that all revenue generated by this Attachment or earned as a result of this
Attachment during the term of this Attachment is considered program income, including
income generated through Medicaid billings for TB -related clinic services. PERFORMING
AGENCY may use the program income, excluding program income earned from Medicaid
billings for TB drugs, to further the scope of work detailed in this Attachment. This
program income may not be used to supplant existing local, state or federal program funds.
Further, PERFORMING AGENCY agrees that the program income earned from Medicaid
billings for TB drugs, which have been provided by RECEIVING AGENCY to
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PERFORMING AGENCY, must be reported and reimbursed to RECEIVING AGENCY
on a quarterly basis as follows:
Due Date(s) Period(s) Covered
December 31 September -November
March 31 December -February
June 30 March -May
September 30 June -August
RECEIVING AGENCY has provided PERFORMING AGENCY with the format to be used
for reporting. All reimbursements from PERFORMING AGENCY will be mailed to:
Texas Department of Health
Attention: Tuberculosis Elimination Division
1100 West 49th Street
Austin, Texas 787576-3199
RECEIVING AGENCY will verify reimbursements received from PERFORMING
AGENCY with the amounts paid by its Medicaid Contractor to PERFORMING AGENCY.
Below are the set drug portion rates for the Medicaid billing codes to be utilized during the
period of this Attachment.
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Rate
Medicaid Billing Code
$180.48
1-8137X, 1-8237X, 1-8437X, and 1-
8432X
$1.20
1-8118X, 1-8218X, 1-8413X, and 1-
8418X
$23.40
1-8439X and 1-8434X
$788.04
1-845OX and 1-8435X
The parties further agree that a final settlement of the reimbursements to RECEIVING
AGENCY for TB drugs will be completed no later than 45 days after the Attachment term.
PERFORMING AGENCY agrees that outreach workers employed under this Attachment
should be recruited from the same racial/ethnic, cultural, and social groups as the patients
for whom outreach activities are directed, whenever possible.
RECEIVING AGENCY must distribute funds in a way that will maximize the delivery of
authorized services to eligible clients. RECEIVING AGENCY will monitor PERFORMING
AGENCY'S expenditures on a quarterly basis. If expenditures are below that projected in
PERFORMING AGENCY'S total contract amount as shown in Section III. BUDGET,
PERFORMING AGENCY'S budget may be subject to a decrease for the remainder of the
Attachment period. PERFORMING AGENCY may be subject to budget decreases if
PERFORMING AGENCY'S expenditures are less than projected.. Vacant positions existing
after ninety (90) days may result in a decrease in funds.
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SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTUAL
OTHER
TOTAL DIRECT CHARGES
INDIRECT CHARGES
TOTAL
Total reimbursements will not exceed $ 20,073.00.
$14,290.00
3,573.00
1,375.00
0.00
0.00
0.00
0.00
$19,238.00
835.00
$20,073.00
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 15th
of October.
Indirect cost is based on UGCMS, Table 1. Indirect charges to this contract may not exceed the
amount shown above, except by prior written approval of RECEIVING AGENCY.
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RECEIVED
1-17 P Ef'o 19 bail10: 0 6
GRANTS MAN',%GEMENT DIV.