HomeMy WebLinkAboutResolution - 2007-R0357 - Control - DSHS - Milk Testing Laboratory Equipment - 08_09_2007Resolution No. 2007-RO357
August 9, 2007
Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Milk testing laboroatory
equipment (DSHS Contract No. 2007-022790) and any associated documents by and
between the City of Lubbock and the Texas Department of State Health Services, a copy
of which Contract and associated documents are attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this
9th day of august , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
R becca G za, City Secretary
APPROVED AS TO CONTENT:
v
Tommy CamdekHealth Director
APPROVED AS TO ORM:
. Vandiver, Attorney of C
D DresIDSHSIabequi pC'on07res
July 5, 2007
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2007-022790 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY
OF LUBBOCK (Contractor), a Government Entity, (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $40.000, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 06/22/2007 and ends on 08/31/2007. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2007-022790-001 Milk Group
c. General Provisions (Vendor)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF LUBBOCK
Address: PO BOX 2000
LUBBOCK, TX 79408-2000
Vendor Identification Number: 17560005906001
9. Entire Atrreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTME OF STATF HEALTH 5 - .FsS4 CITY OF LUBBOCK
C=Z2� oe4e.:�
By: Br.
Signature of Authorized Official Signature} August 9, 2007
? )n
Date Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Burnette@dshs.state.t us
ATT T:
Re ecca Gar a, City Secretary
AP 0 AS TO ONTEM
4
Tommy Carrdeti, Public Health Director
9264E-1
David A. Miller - Mayor,
Printed Name and Title
1902 Texas Avenue
Address
Lubbock, Texas 79411
City, State, Zip
(806) 775-2899
Telephone Number
tcamden@mylubbock.us
E-mail Address for Official Correspondence
Approved as to 10i m:
,r s� tv+W AttarOyy,
2007 GENERAL PROVISIONS (VENDOR)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING 1
1.01 Compliance with Statutes and Rules 1
1.02 Compliance with Requirements of Solicitation Document 1
1.03 Reporting 1
1.04 Immunization Reporting 1
1.05 Client Eligibility 1
1.06 Federal and State Laws, Rules and Ordinances 1
1.07 Applicable Contracts Law and Venue for Disputes 2
1.08 Statutes and Standards of General Applicability 2
1.09 General Provisions Applicable to Interagency & InterlocaI Contracts 4
ARTICLE II SERVICES 5
2.01 Education to Persons in Residential Facilities 5
2.02 Disaster Services 5
2.03 Consent to Medical Care 5
2.04 Telemedicine Medical Services 5
ARTICLE III FUNDING 6
3.01 Debt to State and Corporate Status 6
3.02 Application of Payment Due 6
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS 6
4.01 Payment Methods 6
4.02 Billing Submission 6
4.03 Third Party Payors 7
ARTICLE V TERMS AND CONDITIONS OF PAYMENT 7
5.01 Prompt Payment 7
5.02 Withholding Payments 7
5.03 Acceptance as Payment in Full 7
ARTICLE VI CONFIDENTIALITY 8
6.01 Confidential Information 8
6.02 Maintenance of Confidentiality 8
6.03 Use of PHI 8
6.04 Disclosure to Department 8
6.05 Department Access to PHI 8
6.06 Exchange'of Client -Identifying Information 8
6.07 Security of Patient or Client Records 8
6.08 HIV/AIDS Model Workplace Guidelines 9
ARTICLE VII RECORDS RETENTION 9
7.01 Retention 9
EF29-12426 General Provisions (Core Vendor 2007) Table of Contents — Page 1
12.03 Conflict of Interest
16
12.04 Transactions Between Related Parties
16
12.05 Intellectual Property
17
12.06 Other Intangible Property
18
12.07 Severability and Ambiguity
18
12.08 Legal Notice
18
12.09 Successors
18
12.10 Headings
19
12.11 Parties
18
12.12 Survivability of Terms
18
12.13 Customer Service Information
18
12.14 Amendment
19
12.15. Contractor's Notification of Change to Certain Contract Provisions
19
12.16 Contractor's Request for Revision of Certain Contract Provisions
19
12.17 Immunity Not Waived
20
12.18 Hold Harmless
20
12.19 Waiver
20
ARTICLE XIII BREACH OF CONTRACT AND REMEDIES FOR
NON-COMPLIANCE 20
13.01 Actions Constituting Breach of Contract 20
13.02 General Remedies and Sanctions 21
13.03 Notice of Sanctions 22
13.04 Emergency Action 23
ARTICLE XIV CLAIMS AGAINST THE DEPARTMENT
23
14.01 Breach of Contract Claim
23
14.02 Notice
23
14.03 Sole Remedy
23
14.04 Condition Precedent to Suit
23
14.05 Performance Not Suspended
24
ARTICLE XV TERMINATION
24
15.01 Expiration of Contract or Program Attachment(s)
24
15.02 Effect of Termination
24
15.03 Acts Not Constituting Termination
24
15.04 Termination Without Cause
24
15.05 Termination For Cause
25
15.06 Notice of Termination
26
ARTICLE XVI VOID, SUSPENDED AND TERMINATED
CONTRACTS 26
16.01 Void Contracts 26
16.02 Effect of Void, Suspended or Involuntarily Terminated Contract 26
16.03 Appeals Rights 26
EF29-12426 General Provisions (Core Vendor 2007) Table of Contents - Page 3
Fiscal Year 2007 Performance Contract
General Provisions
(CoreNendor)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall
require its subcontractor(s) to comply, with the requirements set forth in the Department's
rules of general applicability and other applicable statutes and rules as such statutes and rules
currently exist and as they may be lawfully amended. The Department rules are set forth in
the Texas Administrative Code, Title 25 (Rules). Where applicable, federal statutes and
regulations, including federal grant requirements applicable to funding sources, shall apply to
this Contract. To the extent this Contract imposes a higher standard or additional
requirements beyond those required by applicable statutes, regulations or the Rules, the terms
of the Contract shall control.
Section 1.02 Compliance with Requirements of Solicitation Document. Except as
specified in these General Provisions or the Program Attachment(s), Contractor shall comply
with the requirements, eligibility conditions, assurances, certifications and program
requirements of the Solicitation Document (including any revised or additional terms agreed
to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of
this Contract or any subsequent renewals. The Parties agree that the Department has relied
upon the Contractor's response to the Solicitation Document. The Parties agree that any
misrepresentation contained in the Contractor's response to the Solicitation Document shall
constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting
requirements established by the Department. Contractor shall provide any other information
required by the Department. Failure to submit a required report or additional requested
information by the due date specified in the Program Attachment(s) or upon request
constitutes a breach of contract, may result in delayed payment, and may adversely affect
evaluation of Contractor's future contracting opportunities with the Department. Contractor
shall submit reports and additional information requested by DSHS in the format required by
DSHS.
Section 1.04 Immunization Reporting. If Contractor provides immunizations,
Contractor shall comply with all immunization reporting guidelines and requirements set
forth in Health and Safety Code, Chapter 161, Subchapter A. Contractor shall include this
provision in any subcontract with subcontractors that provide immunizations.
Section 1.05 Client Eligibility. Where applicable, financial eligibility criteria, financial
assessment procedures, and standards developed by the Department shall be utilized by
Contractor to determine client eligibility.
Section 1.06 Federal and State Laws, Rules and Ordinances. Contractor shall comply
with all applicable federal and state statutes, rules and regulations, including but not limited
to Office of Management and Budget (OMB) Circulars cost principles and Uniform Grant
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP 1
wage and maximum hours;
j) TEx. GOV'T CODE ch. 469 (Supp. 2004), pertaining to eliminating architectural
barriers for persons with disabilities;
k) Texas Workers' Compensation Act, TEx. LABOR CODE, chs. 401-406 28 TEx.
ADMIN. CODE pt. 2, regarding compensation for employees' injuries;
1)The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the
regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood Borne
Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code ch. 96 regarding safety
standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the
treatment of laboratory animals;
o) Environmental standards pursuant to the following: 1) Institution of environmental
quality control measures under the National Environmental Policy Act of 1969, 42 USC §§
4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of
Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order
11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal
Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3)
Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation
of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234); 5) Assurance of project consistency
with the approved State Management program developed under the Coastal Zone
Management Act of 1972, 16 USC §§ 1451 et seq; 6) Conformity of federal actions to state
clean air implementation plans under the Clean Air Act of 1955, as amended, 42 USC §§
7401 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, 42 USC §§ 300f-300j; 8) Protection of endangered species under the
Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to
state clean air implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.;
10) Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, 42 USC §§300f-330j; 11) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et
seq.) related to protecting certain rivers system; and 12) Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801 et seq.) prohibiting the use of lead -based paint in
residential construction or rehabilitation;
p) Intergovernmental Personnel Act of 1970 (42 USG §§42784763 regarding
personnel merit systems for programs specified in Appendix A of the federal Office of
Program Management's Standards for a Merit System of Personnel Administration (5 C.F.R.
Part 900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646), relating to fair treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs;
r) Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c
and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§
327-333), regarding labor standards for federally -assisted construction subagreements;
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP 3
ARTICLE iI SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor
shall ensure that all persons, who are housed in Department licensed and/or funded residential
facilities and who are twenty-two (22) years of age or younger, have access to educational
services as required by TEX. EDUC. CODE § 29.012. Contractor shall notify the local
education agency or local early intervention programs as prescribed by TEX. EDUC. CODE §
29.012 not later than the third calendar day after the date a person who is twenty-two (22)
years of age or younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal emergency,
including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a
state disaster by the Governor, or a federal disaster by the appropriate federal official,
Contractor may be called upon to assist DSHS in providing services, as appropriate, in the
following areas: community evacuation, health and medical assistance; assessment of health
and medical needs; health surveillance; medical care personnel; health and medical
equipment and supplies; patient evacuation; in -hospital care and hospital facility status; food,
drug, and medical device safety; worker health and safety; mental health and substance abuse;
public health information; vector control and veterinary services; and victim identification
and mortuary services. Disaster services shall be carried out in the manner most responsive
to the needs of the emergency, be cost effective, and be least intrusive on the primary services
of the Contractor.
Section 2.03 Consent to Medical Care. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or through
contracts with subcontractors, the treatment of a minor shall be provided only if consent to
treatment is obtained pursuant to TEX. FAM. CODE, Chapter 32 relating to consent to treatment
of a child by a non -parent or child or pursuant to other state law. If requirements of federal
law relating to consent directly conflict with TEX. FAM. CODE, Chapter 32, federal law shall
supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a provider
uses telemedicine/telepsychiatry that the services are implemented in accordance with written
procedures and using protocol approved by the Contractor's medical director and utilizing
equipment that complies with the equipment standards as required by the Department.
Procedures of telemedicine service provision must include the following requirements:
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP 5
otherwise specified in the Program Attachment(s), Contractor shall submit requests for
reimbursement or payment monthly within thirty (30) calendar days following the end of the
month covered by the bill.
Section 4.03 Third Party Payors. A third party payor is any person or entity who has the
legal responsibility for paying for all or part of the services provided, including commercial
health or liability insurance carriers, Medicaid, or other federal, state, local, and private
funding sources. Except as provided in the Contract, Contractor shall screen all clients and
shall not bill the Department for services eligible for reimbursement from third party payors.
Contractor shall: (a) enroll as a provider in Children's Health Insurance Plan and Medicaid if
providing approved services authorized under the Contract that may be covered by those
programs, and bill those plans for the covered services; (b) provide assistance to individuals
to enroll in such programs when the screening process indicates possible eligibility for such
programs; (c) allow clients that are otherwise eligible for Department services, but cannot pay
a deductible required by a third party payor, to receive services up to the amount of the
deductible and to bill the Department for the deductible; (d) not bill the Department for any
services eligible for third party reimbursement until all appeals to third party payors have
been exhausted; (e) maintain appropriate documentation from the third party payor reflecting
attempts to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and (g) provide
third party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT.
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to
this Contract, Department will pay Contractor. Payments are contingent upon a signed
Contract and will not exceed the total of authorized funds under this Contract. Contractor is
entitled to payment only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. If those conditions are met,
Department will make payment in accordance with the Texas prompt payment law (TEx.
GOV'T. CODE, Chapter 2251). Contractor must comply with TEx. GOV'T. CODE, Chapter
2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the
Department shall not constitute acceptance or approval of Contractor's performance, and all
invoices and Contractor's performance shall be subject to audit by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of any
payments to Contractor to offset reimbursement for any ineligible expenditures or
overpayments that Contractor has not refunded to Department, or if financial status report(s)
required by the Department are not submitted by the date(s) due. Department may take
repayment from funds available under this Contract, active or expired, in amounts necessary
to fulfill Contractor's repayment obligations.
Section 5.03 Acceptance as Payment in Full. Contractor shall accept reimbursement or
payment from DSHS as payment in full for services or goods provided to clients. Contractor
agrees to not seek additional reimbursement or payment for services or goods from clients.
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP 7
and client records are managed in compliance with state and federal law relating to security
and retention of medical or mental health and substance abuse patient records. Department
may require Contractor to transfer original or copies of patient and client records to
Department, without the consent or authorization of the patient or client, upon termination of
this Contract, or if the care and treatment of the individual patient or client is transferred to
another entity. Prior to providing services funded under this Contract to a patient or client,
Contractor shall attempt to obtain consent from the patient or client to transfer copies of
patient or client records to another entity funded by DSHS upon termination of this Contract
or if care or treatment is transferred to another DSHS-funded contractor.
Section 6.08 HIV/AIDS Model Workplace Guidelines. If providing direct client care,
services, or programs, Contractor shall implement Department's policies based on the
HIV/AIDS (human immunodeficiency vims/acquired immunodeficiency syndrome) Model
Workplace Guidelines for Businesses, State Agencies, and State Contractors, policy No.
090.021, and Contractor shall educate employees and clients concerning HIV and its related
conditions, including AIDS, in accordance with the TEx. HEALTH & SAFETY CODE § 95.112-
114. A link to the Model Workplace Guidelines can be found on the Texas Department of
Health legacy website at http://www.tdh.state.tx.us/hivstd/poligy/policy2.htm#top.
Section 7.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
bM://www.dshs.state.tK.us/records/schedules.shtm. Department Rules and other applicable
state and federal statutes and regulations governing medical, mental health, and substance
abuse information. At a minimum Contractor shall retain and preserve all records, including
financial records, which are generated or collected by Contractor under the provisions of this
Contract, for a period of four (4) years after the termination of the Contract. If services are
funded through Medicaid, the federal retention period, if more than four (4) years, shall
apply. Contractor shall retain all records pertaining to this Contract that are the subject of
litigation or an audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention schedules
established in this section. Contractor shall retain medical records in accordance with Tex
Admin Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes and regulations
governing medical information. Contractor shall ensure that this provision concerning records
retention is included in any subcontract it awards. If Contractor ceases business operations, it
shall ensure that records relating to the Contract are securely stored and are accessible by the
Department upon Department's request for at least four years from the date Contractor ceases
business or from the termination date of the Contract, whichever is sooner. Contractor shall
provide the name and address of the party responsible for storage of records to the Division
Contract Management Unit assigned to the Contract.
Section 7.02 Survival of Obligations. The obligations of Contractor to retain records and
maintain confidentiality of information shall survive this Contract.
ARTICLE VIII ACCESS AND INSPECTION.
Section 8.01 Access. In addition to any right of access arising by operation of law,
Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors
EP29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP 9
Section 9.02 Significant Incidents. In addition to notifying the appropriate authorities,
Contractor shall report to the Division Contract Management Unit assigned to the Contract
incidents involving substantial disruption of program operation or potentially affecting
Department funded clients or participants within seventy-two (72) hours of discovery.
Section 9.03 Litigation. Contractor shall notify the Division Contract Management Unit
assigned to the Contract of litigation to which Contractor is a party within seven (7) calendar
days of becoming aware of such a proceeding. This includes, but is not limited to an action,
suit or proceeding before any court or governmental body, including environmental and civil
rights matters, professional liability, and employee litigation. Notification shall include the
names of the parties, nature of the litigation and remedy sought, including amount of
damages, if any.
Section 9.04 Action, Against the Contractor. Contractor shall notify the Division
Contract Management Unit assigned to the Contract if Contractor has had a contract
suspended or terminated by any local, state or federal department or agency or nonprofit
entity. Such notification shall include the reason for such action that includes the name and
contact information of the local, state or federal department or agency or entity, the date of
the contract, and the contract or case reference number. If the Contractor, as an organization,
has surrendered its license or has had its license suspended or revoked by any local, state or
federal department or agency or non-profit entity, it shall disclose this information to the
Department by submitting a one page description of the reason(s) for such action that
includes the name and contact information of the local, state or federal department or agency,
or entity, the date of the license action, and a license or case reference number.
Section 9.05 Insolvency. Contractor shall notify in writing the Division Contract
Management Unit assigned to the Contract of Contractor's insolvency, incapacity, or
outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce
Commission (TWC) within three (3) working days of the date of determination that
Contractor is insolvent, incapacitated, or the date Contractor discovered an unpaid obligation
to the IRS or TWC. Contractor shall notify in writing the Division Contract Management
Unit assigned to the Contract of its plan to seek bankruptcy protection within three (3)
working days of such action by the Contractor's board of directors.
Section 9.06 Misuse of Funds. Contractor shall report to the Division Contract
Management Unit assigned to the Contract and to the State Auditor's Office (SAO), any
knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures,
unlawful activity, or violation of financial laws, rules, policies and procedures related to
performance under this Contract. Contractor shall make such report no later than three (3)
working days from the date of discovery. Contractor shall make the report to the SAO at
(800) TX -AUDIT, or by Internet at hgp://www.sao.state,tx.us.
Section 9.07 Criminal Activity and Disciplinary Action. Contractor shall notify in
writing the Division Contract Management Unit assigned to the Contract if it has reason to
believe Contractor, or a person with ownership or controlling interest in the organization or
who is an agent or managing employee of the organization, an employee or volunteer of
Contractor, or a subcontractor has engaged in any activity that would constitute a criminal
offense equal to or greater than a Class A misdemeanor or if such activity would reasonably
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP11
(b) Name of State Agency;
(c) Date of Separation from State Agency, if separated;
(d) Date of Employment with Contractor; and
(e) Other information as required by DSHS to verify Contractor's compliance with TEx.
Gov'T. CODE § 669.003.
Section 10.03 Child Support Delinquencies. As required by TEX.FAM.CODE § 231.006,
a child support obligor who is more than thirty (30) calendar days delinquent in paying child
support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or
owner with an ownership interest of at least twenty-five percent (25%) is not eligible to
receive payments from state funds under a contract to provide property, materials, or services
or receive a state -funded grant or loan. If applicable, Contractor agrees to maintain its
eligibility to receive payments under this Contract, certifies that it is not ineligible to receive
the payments specified in this Contract, and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate.
Section 10.04 Authorization. Contractor certifies that it possesses legal authority to contract
for the services set forth in this Contract and that a resolution, motion or similar action has
been duly adopted or passed as an official act of the Contractor's governing body, authorizing
the binding of the organization under this Contract including all understandings and
assurances contained in this Contract, and directing and authorizing the person identified as
the authorized representative of the Contractor to act in connection with the Contract and to
provide such additional information as may be required.
Section 10.05 Gifts and Benefits Prohibited. Contractor certifies that it has not given,
offered to give, nor intends to give at anytime hereafter, any economic opportunity, present or
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a DSHS or
HHSC official or employee in connection with this Contract.
Section 10.06 Ineligibility to Receive the Contract. Pursuant to TEX. GOV'T. CODE Section
§ 2155.004, Contractor is ineligible to receive this Contract if the Contract includes financial
participation by a person who received compensation from DSHS to participate in preparing
the specifications or Solicitation Document on which this Contract is based. Contractor
certifies that neither Contractor, nor its employees, nor anyone acting for the Contractor has
received compensation from DSHS for participation in the preparation of specifications for
this Contract or in the Solicitation Document on which this Contract is based. Contractor
further certifies that the individual or business entity named in this Contract is not ineligible
to receive the specified Contract. Contractor acknowledges that this Contract may be
terminated and payment withheld if these certifications are inaccurate.
Section 10.07 Antitrust. Pursuant to 15 U.S.C.A. Sec. 1, et seq. and TEX. Bus. & Comm.
CODE Section § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting
for the Contractor has violated the antitrust laws of this state or federal antitrust laws, nor
communicated directly or indirectly regarding the bid made to any competitor or any other
person engaged in such line of business for the purpose of substantially lessening competition
in such line of business.
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP13
Coordinator before proposed changes will be effective under the Contract. Contractor agrees
to make a good faith effort to subcontract with HUBS during the performance of its contract
with Department and will report HUB subcontract activity to the Department's HUB
Coordinator in accordance with 1 TEX. ADM CODE § 111,16(c).
Section 11.06 Buy Texas. Contractor shall purchase products and materials produced in
Texas when the products and materials are available at a price and time comparable to
products and materials produced outside of Texas as required by TEx. Gov'T CODE §
2155.4441.
Section 11.07 Status of Subcontractors. Contractor shall require that all subcontractors
certify that they are in good standing with all state and federal funding and regulatory
agencies; are not currently debarred, suspended, revoked, or otherwise excluded from
participation in federal grant programs; are not delinquent on any repayment agreements; and
have not had a contract terminated by the Department. Contractors shall further require that
subcontractors certify that they have not voluntarily surrendered within the past three (3)
years any license issued by the Department.
Section 11.09 Incorporation of Terms. Contractor shall ensure that all written agreements
with the subcontractor incorporate the terms of this Contract, and provide that the
subcontractor is subject to audit by DSHS, HHSC and the SAO.
Section 11.09 Independent Contractor. Contractor is an independent Contractor.
Contractor shall direct and be responsible for the performance of its employees,
subcontractors, joint venture participants or agents. Contractor is not an agent or employee of
the Department or the State of Texas for any purpose whatsoever. For purposes of this
Contract, Contractor acknowledges that its employees, subcontractors, joint venture
participants or agents will not be eligible for unemployment compensation from the
Department or the State of Texas.
Section 11.10 Authority to Bind. The person or persons signing and executing this Contract
on behalf of Contractor, or representing themselves as signing and executing this Contract on
behalf of Contractor, warrant and guarantee that they have been duly authorized by
Contractor to execute this Contract for Contractor and to validly and legally bind Contractor
to all of its terms.
Section 11.11 Tax Liability. Contractor shall comply with all state and federal tax laws and
is solely responsible for filing all required state and federal tax forms and making all tax
payments. In the event that the Department discovers that Contractor has a delinquent
liability or has failed to remain current on a delinquent liability to the IRS, the Contract will
be subject to immediate termination at the Department's discretion. In the event of Contract
termination under this section, the Department will not enter into a Contract with Contractor
for three (3) years from the date of termination In addition to other remedies, the
Department has the right to place the Contract on high risk status in response to Contractor's
liability to the IRS for any amount.
Section 11.12 Notice of Organizational Change. Contractor shall submit written notice
to the Division Contract Management Unit assigned to the Contract within ten business days
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immediately upon discovery. Contractor shall submit to the Division Contract Management
Unit assigned to the Contract the name, address and telephone number of the related party,
how the party is related to the Contractor and the work the related party will perform under
the Contract. A related party is a person or entity related to the Contractor by blood or
marriage, common ownership or any association that permits either to significantly influence
or direct the actions or policies of the other. The Contractor, for purposes of reporting
transactions between related parties, includes the entity contracting with the Department
under this Contract as well as the chief executive officer, chief financial officer and program
director of the Contractor. Contractor shall comply with TEX. Gov'T CODE ch. 573.
Contractor shall maintain records and supply any additional information requested by the
Department, regarding a transaction between related parties, needed to enable the Department
to determine the appropriateness of the transaction pursuant to applicable state or federal law,
regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-110 (Rev.
11/19/93, as further amended 09/30/99), 2 CFR §215.42, and UGMS.
Section 12.05 Intellectual Property. Texas Health and Safety Code § 12.020 authorizes
DSHS to protect intellectual property developed as a result of this Contract.
(a) "Intellectual property" means created property that may be protected under copyright,
patent, or trademark/service mark law.
(b) For purposes of this Contract "work made for hire" is intellectual property prepared for
DSHS use, or a work specially ordered or commissioned through a contract for DSHS use.
DSHS owns works made for hire unless it agrees otherwise by contract
(c) If federal funds are used to finance activities supported by this Contract that result in the
production of intellectual property, 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 intellectual
property developed under this Contract including any subcontract and (2) any rights of
copyright to which -a Contractor purchases ownership with contract funds. Contractor 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 agency)" 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 a enc "
(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves
a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for DSHS, public health, and state governmental
noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an
invention, discovery, or. improvement to any process, machine, manufacture, or composition
of matter; products; technology; scientific information; trade secrets; and computer software,
in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2)
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information as required by the Department to comply with the provisions of TEX. Gov'T
CODE ch. 2114 regarding Customer Service surveys.
Section 12.14 Amendment. Parties agree that the Department may reduce funds pursuant to
the terms of this Contract. Unless otherwise specified in these General Provisions, all other
amendments to this Contract must be in writing and agreed to by both Parties. Contractor's
request for certain budget revisions or other amendments must be submitted in writing,
including a justification for the request, to the Division Contract Management Unit assigned
to the Contract; and if a budget revision or amendment is requested during the last quarter of
the Contract term, Contractor's written justification must include a reason for the delay in
making the request. Revision or amendment requests may be granted at the discretion of
DSHS.
Section 12.15 Contractor's Notification of Change to Certain Contract Provisions. The
following changes may be made to the Contract without the Department's prior approval:
1) Contractor's contact person and contact information.
2) Contact information for key personnel, as stated in the application.
3) Cumulative budget line item transfers that exceed 10% among direct cost categories
other than the equipment category, of cost reimbursement contracts of less than $100,000,
provided that the total budget amount is unchanged.
4) Minor corrections or clarifications to the Contract language that in no way alter the
Contract scope of work, objectives or performance measures.
5) A change in the Contractor's share of the budget via program income or match,
regardless of the amount of the change.
Contractor within ten days shall notify in writing the Division Contract Management Unit
assigned to the Contract of any change enumerated in this section. The notification may be
by letter, fax or email.
Section 12.16 Contractor's Request for Revision of Certain Contract Provisions.
Contractor may request a revision of the following provisions of the Contract:
1) Cumulative budget line item transfers among direct cost categories that exceed 10%
of cost reimbursement contracts of $100,000 or more, provided that the total budget amount
is unchanged.
2) Line item transfer of funds for direct payment of training allowances for any cost
reimbursement contract.
3) Change in clinic hours or location.
4) Change in equipment list substituting an item of equipment equivalent to an item of
equipment on the approved budget.
5) Changes in the equipment category of a previously approved equipment budget
(other than acquisition of additional equipment, which requires an amendment to the
Contract).
6) Changes specified in applicable cost principles as requiring prior approval,
regardless of dollar threshold.
In order to request a revision of any of the enumerated provisions, Contractor shall obtain a
Contract Revision Request form from the DSHS website and complete the form as directed
by the Department. Two copies of the completed form must be signed by Contractor's
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each item of noncompliance and will determine sanctions on a case -by -case basis. Contractor
is responsible for complying with all of the terms of this Contract. The listing of or use of
one or more of the remedies listed below does not relieve Contractor of any obligations under
the Contract. A state or federal statute, rule or 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. If the Contractor breaches
this Contract by failing to comply with one or more of the terms of this Contract, including
but not limited to compliance with applicable statutes, rules or regulations, the Department
may take one or more of the actions listed below:
a) terminate the Contract or a Program Attachment of the Contract as it relates to a
specific program type. In the case of termination, the Department will inform
Contractor of the termination no less than thirty-one (31) calendar days before the
effective date of the termination in a notice of termination. The notice of
termination will state the effective date of the termination, the reasons for the
termination, and, if applicable, alert the Contractor of the opportunity to request a
hearing on the termination pursuant to TEX. GOV'T CODE ch. 2105 regarding
administration of Block Grants. The Contractor agrees that it shall not make any
claim for payment or reimbursement for services provided from the effective date
termination;
b) suspend all or part of this Contract. Suspension is, depending on the context,
either (1) the temporary withdrawal of Contractor's authority to obligate funds
pending corrective action by Contractor or its subcontractor(s) or pending a
decision to terminate or amend the Contract, or (2) an action taken by a
suspending official in accordance with Department rules to immediately exclude a
person from participating in contract transactions for a period of time, pending
completion of an investigation and such legal or debarment proceedings as may
ensue. Contractor costs resulting from obligations incurred by Contractor during a
suspension are not allowable unless expressly authorized by the notice of
suspension;
c) deny additional or future contracts or renewals with Contractor;
d) reduce funding if the Contractor fails to provide services or goods consistent
with performance expectations described in the Contract;
e) disallow (deny both use of funds and matching credit for) all or part of the
activities or action not in compliance;
g) temporarily withhold cash payments. Temporarily withholding cash payments
means the temporary withholding of a working capital advance, if applicable, or
reimbursements or payments to Contractor for proper charges or obligations
incurred, pending resolution of issues of noncompliance with conditions of this
Contract or indebtedness to the United States or to the State of Texas;
h) permanently withhold cash payments. Permanent withholding of cash
payment means that Department retains funds billed by Contractor for (1)
unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings;
(2) material failure to comply with Contract provisions; or (3) indebtedness to the
United States or to the State of Texas;
i) declare the Contract void upon the Department's determination that the
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shall correct the noncompliance or demonstrate in writing that the findings on which the
sanctions are based are either invalid or do not warrant the sanction(s). If Department
determines that a sanction is warranted, unless the sanction is subject to review under a
federal or state statute, regulation or guideline, Department's decision is final. Department
shall provide written notice to Contractor of Department's final decision. If required by the
Department, Contractor shall take corrective action.
Section 13.04 Emergency Action. In an emergency, Department may immediately
terminate or suspend all or part of this Contract, temporarily or permanently withhold cash
payments, deny contract renewal or future contract awards, or delay contract execution by
delivering written notice to Contractor, by any verifiable method, stating the reason for the
emergency action. An "emergency" is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct adverse impact
on the public or client health, welfare or safety. The direct adverse impact may be
programmatic or financial and may include failing to provide services; providing
inadequate services; providing unnecessary services; or utilizing resources so that
the public or clients do not receive the benefits contemplated by the scope of work
or performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be determined by
Department on a case -by -case basis and will be based upon the nature of the noncompliance
or conduct.
ARTICLE XIV CLAIMS AGAINST THE DEPARTMENT.
Section 14.01 Breach of Contract Claim. The process for a breach of contract claim
against the Department provided for in Chapter 2260 of Texas Government Code and
implemented in the rules at 25 TAC §§1.431-1.447 shall be used by DSHS and Contractor to
attempt to resolve any claim for breach of contract made by DSHS.
Section 14.02 Notice. Contractor's claims for breach of this Contract that the parties
cannot resolve in the ordinary course of business shall be submitted to the negotiation process
provided in Chapter 2260, subchapter B, Texas Government Code. To initiate the process,
Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of
General Counsel, The notice shall specifically state that the provisions of Chapter 2260,
subchapter B, are being invoked. A copy of the notice shall also be given to all other
representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing
of a contested case proceeding under Chapter 2260, subchapter C, Texas Government Code.
Section 14.03 Sole Remedy. The contested case process provided in Chapter 2260,
subchapter C, Texas Government Code, is Contractor's sole and exclusive process for
seeking a remedy for any and all alleged breaches of contract by DSHS if the parties are
unable to resolve their disputes under this Article.
Section 14.04 Condition Precedent to Snit. Compliance with the contested case
process provided in Chapter 2260, subchapter C, Texas Government Code, is a condition
EF29-12426 General Provisions (Core Vendor 2007) Revised 7/20/06 Page: GP23
prior written notice to the other Party in the event state and/or federal funding for
this Contract is terminated, limited, suspended, withdrawn, or discontinued.
d) Department may terminate this Contract immediately when, in the sole
determination of Department, termination is in the best interest of the State of
Texas.
Section 15.05 Termination For Cause. Either Party may terminate for material breach of
this Contract with at least thirty (30) calendar days written notice to the other Party.
Department may terminate this Contract, in whole or in part, for breach of contract or for any
other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar
days written notice to Contractor. Such conduct may include one or more of the following:
(a) a court of competent jurisdiction finds that Contractor has failed to adhere to any
laws, ordinances, rules, regulations or orders of any public authority having jurisdiction;
(b) Contractor fails to communicate with Department or fails to allow its employees or
those of its subcontractor to communicate with Department as necessary to the performance
of this Contract;
(c) Contractor breaches a standard of confidentiality with respect to the services
provided under this Contract;
(d) Department determines that Contractor is without sufficient personnel or resources
to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill
any of its requirements under the Contract or exercise adequate control over expenditures or
assets;
(e) Department determines that Contractor, its agent or another representative offered or
gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for
the purpose of obtaining a contract or favorable treatment;
(f) Department determines that the Contract includes financial participation by a person
who received compensation from DSHS to participate in preparing the specifications or
Solicitation Document on which this Contract is based in violation of Gov. Code §2155.004;
or
(g) Contractor appears to be financially unstable. Indicators of financial instability may
include one or more of the following:
1. Contractor fails to make payments;
2. Contractor makes an assignment for the benefit of its creditors;
3. Contractor admits in writing its inability to pay its debts generally as they become
due;
4. if judgment for the payment of money in excess of $50,000 (which is not covered by
insurance) is rendered by any court or governmental body against Contractor, and Contractor
does not (a) discharge the judgment or (b) provide for its discharge in accordance with its
terms, or (c) procure a stay of execution within thirty (30) calendar days from the date of
entry of the judgment, and within the thirty (30)-day period or a longer period during which
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ARTICLE XVII CLOSEOUT AND CONTRACT RECONCILIATION
Section 17.01 Cessation of Services At Closeout. Upon expiration of the Contract (and any
renewals of the Contract) on its own terms, Contractor shall cease services under the Contract
and shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe
transfer of responsibilities under the Contract to DSHS or other entity designated by DSHS.
Upon receiving notice of Contract termination or non -renewal of the Contract, the Contractor
agrees to immediately begin to transition recipients of services to alternative service
providers, as needed. Contractor also agrees to completely cease providing services under the
Contract by the date specified in the Contract termination or non -renewal notice. Contractor
shall not incur any additional expenses once the Contract is terminated or has expired. Upon
termination, expiration or non -renewal of this Contract, Contractor shall immediately initiate
closeout activities described in this Article.
Section 17.02 Administrative Offset. The Department shall have the right to
administratively offset amounts owed by Contractor against billings.
Section 17.03 Deadline for Closeout. Contractor shall submit all financial, performance,
and other closeout reports required under the Contract within sixty (60) calendar days after
the Contract end date. Unless otherwise provided under the Billing Submission section of the
Payment Methods and Restrictions Article, the Department is not liable for any claims that
are not received within sixty (60) calendar days after the Contract end date.
Section 17.04 Payment of Refunds. Any funds paid to the Contractor in excess of the
amount to which the Contractor is finally determined to be entitled under the terms of the
Contract constitute a debt to the Department and will result in a refund due. Contractor shall
pay any refund amount due within the time period established by the Department.
Section 17.05 Disallowances and Adjustments. The closeout of the Contract does not
affect the Department's right to disallow costs and recover funds on -the basis of a later audit
or other review or the Contractor's obligation to return any funds due as a result of later
refunds, corrections, or other transactions,
Section 17.06 Contract Reconciliation. If Contractor is required to annually reconcile
multi -year contracts, Contractor, within 60 calendar days after the end of each year of the
contract, shall submit to the Division Contract Management Unit assigned to the Contract all
financial and reconciliation reports required by Department in forms as determined by
Department. Required reconciliation forms and reports may include the following: Cash
Match Participation Form, In -kind Match Participation Form, Program Income Report,
Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, and
Reconciliation Refund Remittance Form. Any additional forms or reports required by
Department shall be posted on the DSHS website prior to the reconciliation period. Unless
otherwise directed by Department, all forms and reports must be submitted in hard copies,
with original signatures if required, to DSHS by the due date.
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CONTRACT NO. 2007-022790-
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO.0000329481
CONTRACTOR: CITY OF LUBBOCK
DSHS PROGRAM: Milk Group
TERM: 06/22/2007 THRU: 08/31/2007
SECTION I. STATEMENT OF WORK:
Department of State Health Services (DSHS) will provide the Contractor funding to procure
laboratory equipment to perform analysis of Grade A raw milk to achieve consistency of lab analysis
with other labs across the state. The Contractor must procure the Bentley Somocount 150 that is
approved by the Food and Drug Administration (FDA).
SECTION II. PERFORMANCE MEASURES: N/A
SECTION III. SOLICITATION DOCUMENT: N/A
SECTION IV. RENEWALS: N/A
SECTION V. PAYMENT METHOD: Lump Sum
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall submit to DSHS a copy of the invoice and paid receipts no later than thirty (30)
days after the end of the Program Attachment term date to:
Environmental and Consumer Safety Section, Policy/Standards/QA Unit, Milk Group
Texas Department of State Health Services, Mail Code 2828
Attn: John McDaniel
1100 West 49"' Street
Austin, TX 78756
Contractor may submit the invoice and paid receipts via facsimile at 512-834-6756, Attn: John
McDaniel.
SECTION VII. BUDGET:
DSHS will make a lump sum payment of $40,000 to Contractor no later than thirty (30) days after
this Program Attachment is executed by both parties.
SOURCE OF FUNDS: State
PROGRAM ATTACHMENT — Page I
SECTION VIIh SPECIAL PROVISIONS: NIA
General Provisions, Article IV Payment Methods and Restrictions is replaced with the following:
DSHS will submit a lump sum payment as specified in SECTION VD. BUDGET to
Contractor no later than thirty (30) days after this Program Attachment is executed by both
parties.
If the Contractor's project costs are less than funds received, Contractor shall return the
excess funds to DSHS not later than 30 days after the end of the Program Attachment term
date.
General Provisions are revised to include the following:
Disposition of Property. If the Contractor stops performing lab services for Grade A raw milk
analysis for DSHS, the Contractor shall request disposition approval and instructions in writing from
the Department of State Health Services, Environmental and Consumer Safety Section,
Policy/Standards/QA Unit, Milk Group, Mail Code 2828, 1100 W. 49th St., Austin, Texas 78756.
After an item reaches the end of its useful life, the Contractor must ensure that the equipment
disposition is in accordance with Generally Accepted Accounting Principles. This provision survives
the term of this Program Attachment for a period of five (5) years.
PROGRAM ATTACHMENT — Page 2
City of Lubbock
InterOffice Memo
To: Lee Ann Dumbauld, City Manager
From: Tommy Camden, Health Director
Date: July 25, 2007
Subject: Agenda Item for August 9, 2007 City Council Meeting, Consent Agenda
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM # / SUMMARY:
Consider a resolution authorizing and directing the Mayor to execute for and on behalf of
the City of Lubbock a Contract for Milk testing laboratory equipment (DSHS Contract No.
2007-022790) and any associated documents by and between the City of Lubbock and the
Texas Department of State Health Services.
BACKGROUND/DISCUSSION:
This contract with the Department of State Health Services will provide the Lubbock
Health Department funding to procure laboratory equipment to perform analysis of Grade
A raw milk to achieve consistency of lab analysis with other labs across the State. The
contract specifies we must procure the Bentley Somocount 150 that is approved by the
Food and Drug Administration. DSHS will make a lump sum payment of $40,000 to the
City of Lubbock no later than thirty days after this Program Attachment is executed. The
contract begins on 6/22/2007 and ends on 8/31/2007.
The Bentley 150 Infrared Milk Analyzer is an instrument which uses a process based on
laser flow cytometry to give an automated, accurate count of somatic cells found in raw
milk. The Milk & Dairy industry monitors the somatic cell count in individual dairy 's
raw milk to guarantee only healthy, non -infected cows are being used to produce the final
product consumed by the public.
FISCAL IMPACT:
This cost of the instrument is $40,000 and is totally grant funded. There is no impact to the
general fund.
SUMMARY/RE COMMENDATION:
Scott Snider, Assistant City Manager
Tommy Camden, Health Director