HomeMy WebLinkAboutResolution - 2007-R0390 - Contract - DSHS - CPS Bioterrorism Preparedness Lab - 08_23_2007Resolution No. 2007—RO390
August 23, 2007
Item No. 5.27
RESOLUTION
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract No. 2008-
022963-001 CPS-Bioterrorism Preparedness -LAB and any associated documents with the
State of Texas acting by and through its Department of State Health Services, which
Contract and any associated documents are attached hereto and incorporated in this
Resolution as if fully set forth herein and which shall be included in the minutes of the
City Council.
Passed by the City Council this 23rd day of _ August , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Tommy Cden, Public Health Director
APPROVED AS TO FORM:
1!
D n Vandiver, Attorney of Counsel
ddres/ DS US BioterrunsmCon2008 Res
July 17, 2007
Resolution No. 2007-RO390
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2008-022963 (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
LUBBOCK CITY HEALTH DEPARTMENT (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 $125,000.00, 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 09/01/2007 and ends on 08/31/2008. 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:
2008-022963-001 CPS-BIOTERRORISM PREPAREDNESS -LAB
c. General Provisions (Sub -recipient)
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 LU13BOCK
Address: PO BOX 2000
LUBBOCK, TX 79408-2000
Vendor Identification Number: 17560005906001
9. Entire Agreement. 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.
9264s-1
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.
DEPAR ENT OF STATE HEALTH SERVICES LUBBOCK CITY HEAL H DEPARTMENT
B By'�---
Signature of Authorized' fficia Signature
C1f b_ 61
Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Bumette@dshs.state.tx.us
August 23, 2007
Date
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
ATTEST:
Rebecca Garza, City Secr try
APPROVED AS TO CONTENT:
Tommy Camd , Public Health Director
App�?ved as tO t m:
ILL llfloot�sx.
92648-1
FISCAL YEAR 2008 PERFORMANCE CONTRACT
GENERAL PROVISIONS
(Core/Subrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING
1.01 Compliance with Statutes and Rules
1.02 Compliance with Requirements of Solicitation Document
1.03 Reporting
1.04 Client Eligibility
1.05 Applicable Contracts Law and Venue for Disputes
1.06 Applicable Laws and Regulations Regarding Funding Sources
1.07 Statutes and Standards of General Applicability
1.08 General Provisions Applicable to Interagency & Interlocal Contracts
ARTICLE II SERVICES
2.01 Education to Persons in Residential Facilities
2.02 Disaster Services
2.03 Consent to Medical Care
2.04 Telemedicine Medical Services
2.05 Fees' for Professional Health Services
2.06 Cost Effective Purchasing of Medications
ARTICLE III FUNDING
3.01 Debt to State and Corporate Status
3.02 Application of Payment Due
3.03 Use of Funds
3.04 Use for Match Prohibited
3.05 Program Income
3.06 Nonsupplanting
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS
4.01 Payment Methods
4.02 Billing Submission
4.03 Final Billing Submission
4.04 Working Capital Advance
4.05 Financial Status Reports (FSRs)
4.06 Third Party Payors
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ARTICLE V TERMS AND CONDITIONS OF PAYMENT 9
5.01 Prompt Payment 9
5.02 Withholding Payments 9
5.03 Condition Precedent to Requesting Payment 9
5.04 Acceptance as Payment in Full 10
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 1
12.03 Management and Control Systems
19
12.04 Insurance and Bonding
19
12.05 Fidelity Bond
19
12.06 Liability Coverage
20
12.07 Overtime Compensation
20
12.08 Program Site
20
12.09 Cost Allocation Plan
20
12.10 Reporting for Unit Rate and Fee for Service Contracts
21
12.11 Historically Underutilized Businesses (HUBs)
21
12.12 Buy Texas
21
1213 Contracts with Subrecipient Subcontractors
21
12.14 Status of Subcontractors
22
12.15 Incorporation of Terms
22
12.16 Independent Contractor
22
12.17 Authority to Bind
22
12.18 Tax Liability
22
12.19 Notice of Organizational Change
23
12.20 Quality Management
23
12.21 Equipment and Controlled Assets Purchases
23
12.22 Supplies
23
12.23 Changes to Equipment List
23
12.24 Property Inventory and Protection of Assets
24
12.25 Bankruptcy
24
12.16 Title to Property
24
12.27 Property Acquisitions
24
12.28 Disposition of Property
24
12.29 Closeout of Equipment
25
12.30 Assets as Collateral Prohibited
25
ARTICLE XIII GENERAL TERMS
25
13.01 Assignment
25
13.02 Lobbying
25
13.03 Conflict of Interest
25
13.04 Transactions Between Related Parties
25
13.05 Intellectual Property
25
13.06 Other Intangible Property
27
13.07 Severability and Ambiguity
28
13.08 Legal Notice
28
13.09 Successors
28
13.10 Headings
28
13.11 Parties
28
13.12 Survivability of Terms
28
13.13 Direct Operation
28
13.14 Customer Service Information
28
13.15 Amendment
28
13.16. Contractor's Notification of Change to Certain Contract Provisions
29
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007
Fiscal Year 2008 Performance Contract
General Provisions
(Core/Subreeipient)
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 state and
federal statutes, regulations and rules as such statutes, regulations 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). 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 and shall provide any other
information requested by the Department in the format required by DSHS. 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.
Section 1.04 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 1.05 Applicable Contracts Law and Venue for Disputes. Regarding
all issues related to contract formation, performance, interpretation, and any issues
that may arise in any dispute between the Parties, the Contract shall be governed by,
and construed in accordance with, the laws of the State of Texas. In the event of a
dispute between the Parties, venue for any suit shall be Travis County, Texas.
General Provisions (Core Subrecipient 2008) 6/12/2007
subjects involved in research;
h) Hatch Political Activity Act, 5 U.S.C.A. §§ 1501-1508 and 7321-26,
which limits the political activity of employees whose employment is funded with
federal funds;
i) Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., and the
Intergovernmental Personnel Act of 1970, 42 U.S.C.A. §§ 4701 et seq., as
applicable, concerning minimum 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. ADm N. 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) Federal Water
Pollution Control Act, 33 USC § 1251 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 USC §§4278-4763
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
General Provisions (Core Subrecipient 2008) 6/12/2007 3
Constitution of the State of Texas to be supplied under contract given to the
lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract granted in
Health and Safety Code Chapter 1001, and Contractor certifies that it has
specific statutory authority to enter into and perform this Contract.
(c) The following additional provisions shall apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interlocal Cooperation Act, Gov.
Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues
available to DSHS.
3) Each party represents that it has been authorized to enter into this
Contract.
(d) Contractor agrees that Contract Revision Requests, when signed by a duly
authorized representative of Contractor, shall be effective as of the effective date
specified by the Department, whether that date is prior to or after the date of any
ratification by Contractor's governing board.
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 program 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
General Provisions (Core Subrecipient 2008) 6/12/2007 5
including a tax delinquency. Contractor, if a corporation, certifies by execution of
this Contract that it is current and will remain current in its payment of franchise
taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Texas Tax Code §§171.001 et seq, as amended). Contractor, if a
corporation, further certifies that it is and will remain in good standing with the
Secretary of State's office. A false statement regarding franchise tax or corporate
status is a material breach of this Contract. If franchise tax payments become
delinquent during the Contract term, all or part of the payments under this Contract
may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any
payments due under this Contract will be applied towards any debt, including but
not limited to delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department
funds only for the provision of approved services and for reasonable and allowable
expenses directly related to those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided
through this Contract shall not be used for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from
Department funds through a project or activity performed under a Program
Attachment and/or earned only as a result of a Program Attachment during the term
of the Program Attachment are considered program income. Unless otherwise
required under the terns of the grant funding this Contract, the addition alternative,
as provided in UGMS § _.25(g)(2), for the use of program income shall be used by
Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same
Program Attachment project in which it was generated. Contractor shall identify
and report this income in accordance with the Compliance and Reporting Article of
these General Provisions and the Special Provisions of the Program Attachment(s).
Contractor shall expend program income during the Program Attachment term and
may not carry forward to the succeeding term. Program income not expended in the
term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing,
collecting, and reporting program income, and in utilizing it for the purposes and
conditions set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from
this Contract to replace or substitute existing funding from other sources that also
supports the activities that are the subject of this Contract) but rather shall use funds
from this Contract to supplement existing state or local funds currently available for
a particular activity. Contractor shall make a good faith effort to maintain its current
level of support. Contractor may be required to submit documentation
General Provisions (Core Subrecipient 2008) 6/12/2007 7
end of the applicable term.
Section 4.06 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 and
reimbursements are contingent upon a signed Contract and will not exceed the total
of authorized funds under this Contract. Contractor is entitled to payment or
reimbursement only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. ff 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 is subject to audit or review 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 Condition Precedent to Requesting Payment. Contractor shall
disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including any
General Provisions (Core Subrecipient 2008) 6/12/2007 9
Applicable Entity
Applicable Cost Principles
Audit Requirements
Administrative
Requirements
State, Local and
OMB Circular A-87
OMB Circular A-133
UGMS, OMB
Tribal
and UGMS
Circular A-102,
Governments
and applicable
Federal awarding
agency common
rule
Educational
OMB Circular A-21
OMB Circular A-133
OMB Circular
Institutions
and UGMS
A-110 and
applicable
Federal awarding
agency common
rule
Non -Profit
OMB Circular A-122
OMB Circular A-133
UGMS; OMB
Organizations
and UGMS
Circular A-110
and applicable
Federal awarding
agency common
rule
For -profit
48 C.F.R. Part 31,
Program audit
UGMS and
Organization other
Contract Cost Principles
conducted by an
applicable
than a hospital and
Procedures, or uniform
independent certified
Federal awarding
an organization
cost accounting standards
public accountant in.
agency common
named in OMB
that comply with cost
accordance with
rule
Circular A-122 as
principles acceptable to the
Governmental
not subject to that
federal or state awarding
Auditing Standards.
circular.
agency
OMB Circulars will be applied with the modifications prescribed by UGMS with
effect given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt
of the'audit reports required by this section, Contractor shall submit one copy to the
Department's Contract Oversight and Support Section, and one copy to the Texas
Health and Human Services Commission (HHSC), Office of Inspector General
(OIG), at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
1100 West 49 h St.
Austin Texas 78756-3199
Texas Health and Human Services Commission
Office of Inspector General
Compliance/Audit Mail Code 1326
General Provisions (Core Subrecipient 2008) 6/12/2007 11
164 or other applicable law.
Section 7.06 Security of Patient or Client Records. Contractor must maintain
patient and client records 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 a Program Attachment to this
Contract, as applicable, 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 a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-
funded contractor.
Section 7.07 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 virus/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 § 85.112-114. A link to the
Model Workplace Guidelines can be found at
h=://www.dshs.state.tx.us/hivgd/policy/pdf/090021.pdf.
ARTICLE VIII RECORDS RETENTION.
Section 8.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
httpJ/www.dshs.state.tx.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 other records, including financial records that 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
General Provisions (Core Subrecipient 2008) 6/12/2007 13
General Provisions.
ARTICLE X NOTICE REQUIREMENTS.
Section 10.01 Child Abuse Reporting Requirement. This section applies to
mental health and substance abuse contractors and contractors for the following
public health programs: HIV/STD; Family Planning (Titles V, X and XX); Primary
Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor
shall make a good faith effort to comply with child abuse reporting guidelines and
requirements in TEx. FAM. CODE ch. 261 relating to investigations of reports of
child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening,
Documenting, and Reporting Policy for Contractors/Providers and train all staff on
reporting requirements. Contractor shall use the Checklist for Monitoring as
required by the Department located at www.dshs.state.tx.us/childabusereporting.
Contractor shall retain reporting documentation on site and make it available for
inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate
authorities, Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment significant incidents involving substantial
disruption of program operation or potentially affecting Department funded clients
or participants within seventy-two (72) hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment of litigation related to or
affecting this Contract and 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 10.04 Action Against the Contractor. Contractor shall notify the
Division Contract Management Unit assigned to the Program Attachment if
Contractor has had a contract suspended or terminated for cause 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.
General Provisions (Core Subrecipient 2008) 6/12/2007 15
a) it is not ineligible for participation in federal or state assistance
programs;
b) 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 or state department
or agency;
c) it has not knowingly failed to pay a single substantial debt or a
number of outstanding debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against
Contractor for collection of the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have
a contracting or regulatory relationship with Contractor; and
f) that no person who has an ownership or controlling interest in
Contractor or who is an agent or managing employee of Contractor has
been convicted of a criminal offense related to involvement in any
program established under Medicare, Medicaid, or a federal block grant.
Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit
assigned to the Program Attachment. If Contractor's status with respect to the items
certified above changes during the Contract, Contractor shall immediately notify the
Division Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by TEXTAM.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 11.03 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 I1.04 Gifts and Benefits Prohibited. Contractor certifies that it has not
given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, present or future employment, gift, loan, gratuity, special discount,
General Provisions (Core Subrecipient 2008) 6/12/2007 17
501(c)(3) organizations as defined in the Internal Revenue Service Code as not -for -
profit organizations. The responsibility of Contractor's governing board shall
include: accountability for all funds and materials received from Department;
compliance with Department Rules, policies, procedures, and applicable federal and
state laws and regulations; and correction of fiscal and program deficiencies
identified through self -evaluation and Department's monitoring processes. Further,
Contractor's governing board shall ensure separation of powers, duties, and
functions of board members and staff. Staff members, including the executive
director, shall not serve as voting members of the Contractor's governing board.
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.
Section 12.03 Management and Control Systems. Contractor shall maintain an
appropriate contract administration system to insure that all terms, conditions, and
specifications are met. Contractor shall develop, implement, and maintain financial
management and control systems that meet or exceed the requirements of UGMS
and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual available at the Department's web site:
http://www.dshs.state.tx.us/contracts. 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 accounting records that identify the source and application of
funds provided under each Program Attachment of this Contract, and
that support the information contained in required financial reports; and
cost source documentation; and
c) effective internal and budgetary controls; determination of
reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection
policies; and a mechanism capable of billing and making reasonable
efforts to collect from clients and third parties.
Section 12.04 Insurance and Bonding. Contractor shall maintain insurance or
other means of replacing assets purchased with Department funds.
Section 12.05 Fidelity Bond. Contractor is required to cant' a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up
to $100,000 that covers each employee of Contractor handling funds under this
Contract, including person(s) authorizing payment of such funds. The fidelity bond
or insurance shall provide for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of Contractor's employees,
either individually or in concert with others, and/or (2) failure of Contractor or any
of its employees to perform faithfully his/her duties or to account properly for all
General Provisions (Core Subrecipient 2008) 6/12/2007 19
Section 12.10 Reporting for Unit Rate and Fee For Service Contracts.
Contractor shall submit reports concerning unit rate and fee -for -service contracts to
the Department in accordance with the requirements stated in the Department's
Contractor's Financial Procedures Manual located at
btip://www.dshs.state.tx.us/contracts.
Section 12.11 Historically Underutilized Businesses (HUBs). If Contractor was
not required to submit a HUB subcontracting plan and if subcontracting is permitted
under this Program Attachment, Contractor is encouraged to make a good faith
effort to consider subcontracting with HUBs as set forth in TEX. Gov'T CODE ch.
2161 and 1 TEX ADM. CODE § 111.12. Contractors may obtain a list of HUBs at
http://www.tblpc.state.tx.us. If Contractor has filed a HUB subcontracting plan, the
plan is incorporated by reference in this Contract. If Contractor desires to make a
change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan 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 this Contract and will report HUB
subcontract activity to the Department's HUB Coordinator by the 15a' day of each
month for the prior month's activity, if there was any such activity, in accordance
with I TEX. ADM CODE § 111.16(c).
Section 12.12 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 12.13 Contracts with Subrecipient Subcontractors. Contractor may
enter into contracts with subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into an agreement
equaling $25,000 or twenty-five percent (25%) of a Program Attachment amount,
whichever is greater, Contractor shall obtain written approval from DSHS.
Contracts with subcontractors shall be in writing and include the following:
a) Name and address of all parties;
b) A detailed description of the services to be provided;
c) Measurable method and rate of payment and total amount of contract;
d) Clearly defined and executable termination clause;
e) Beginning and ending dates that coincide with the dates of the applicable
Program Attachment(s) or cover a term within the beginning and ending dates
of the applicable Program Attachment(s);
f j Access to inspect the work and the premises on which any work is performed,
in accordance with the Access and Inspection Article in these General
Provisions; and
General Provisions (Core Subrecipient 2008) 6/12/2007 21
termination under this section, the Department will not enter into a Contract with
Contractor for three (3) years from the date of termination.
Section 12.19 Notice of Organizational Change. Contractor shall submit
written notice to the Division Contract Management Unit assigned to the Program
Attachment within ten business days of any change to the following: Contractor's
name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to the Contract in accordance
with the Amendments section of these General Provisions.
Section 12.20 Quality Management. Contractor shall comply with quality
management requirements as directed by the Department.
Section 12.21 Equipment and Controlled Assets Purchases. Equipment means
an article of nonexpendable, tangible personal property having a useful lifetime of
more than one year and an acquisition cost of $5,000 or more. Contractor must
inventory equipment, and controlled assets, which include firearms regardless of the
acquisition cost, and the following assets with an acquisition cost of $500 or more:
desktop and laptop computers, non -portable printers and copiers, emergency
management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement
payment method shall comply with the requirements of the provisions in this
Article concerning equipment. If purchase of equipment is approved in writing by
the Department, Contractor is required to initiate the purchase of that equipment in
the first quarter of the Contractor Program Attachment term, as applicable. Failure
to initiate the purchase of equipment may result in loss of availability of funds for
the purchase of equipment. Requests to purchase previously approved equipment
after the first quarter of the Program Attachment must be submitted to the Division
Contract Management Unit assigned to the Program Attachment.
Section 12.22 Supplies. Supplies are defined as consumable items necessary to
carry out the services under this Contract including medical supplies, drugs,
janitorial supplies, office supplies, patient educational supplies, software, and any
items of tangible personal property other than those defined as equipment above.
Section 12.23 Changes to Equipment List. All items of equipment purchased
with funds under this Contract shall be itemized in Contractor's equipment list as
finally approved by the Department in the executed Contract. Any changes to the
approved equipment list in the executed Contract shall be approved in writing by
Department prior to purchase of equipment. Contractor shall submit to the Division
Contract Management Unit assigned to the Program Attachment, a written
description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, Department will
acknowledge its approval by means of a written amendment or by written
acceptance of Contractor's Contract Revision Request, as appropriate.
General Provisions (Core Subrecipient 2008) 6/12/2007 23
Section 12.29 Closeout of Equipment. At the end of the term of a Program
Attachment that has no additional renewals or that will not be renewed (Closeout),
Contractor shall submit to the Divisions Contract Management Unit assigned to the
Program Attachment, an inventory of property purchased with Department funds
and request disposition instructions for such property. All property purchased with
Department funds shall be secured by the Contractor at the time of Closeout and
shall be returned to the Department as required by the Department's disposition
instructions or at the request of the Department at the Contractor's expense.
Section 12.30 Assets as Collateral Prohibited. Contractors on a cost
reimbursement payment method shall not encumber property purchased with
Department funds without prior written approval from the Department.
ARTICLE XIII GENERAL TERMS.
Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest,
in whole or in part, in this Contract, or.in any equipment purchased with funds from
this Contract, without the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with GOV. CODE §556.0055,
which prohibits contractors who receive state funds from using those funds to pay
lobbying expenses. Further, Contractor shall not use funds paid under this Contract
to pay any person for influencing or attempting to influence an officer or employee
of any agency, federal or state, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any contract or the extension, continuation, renewal, amendment, or
modification of any contract (31 U.S.C.A. § 1352, as amended, and UGMS). If at
any time this Contract exceeds $100,000 of federal funds, Contractor shall file with
the Division Contract Management Unit assigned to the Program Attachment a
declaration containing the name of any registrant under the Lobbying Disclosure
Act of 1995 who has made lobbying contacts on behalf of Contractor in connection
with the Contract, a certification that none of the funds provided by Department
have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement.
Contractor shall file the declaration, certification, and disclosure at the time of
application for the Contract; upon execution of the Contract unless Contractor
previously filed a declaration, certification, or disclosure form in connection with
the award; and at the end of each calendar quarter in which there occurs any event
that materially affects the accuracy of the information contained in any declaration,
certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and
disclosure with the Division Contract Management Unit assigned to the Program
Attachment. Contractor shall also comply, as applicable, with the lobbying
restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25;
A-87 Attachment B section 27; A-110 section_.27 and A-21 paragraphs 17 and 24.
Contractor shall include this provision in any subcontracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 25
Contractor must give DSHS and the State of Texas, as well as any person
designated by DSHS and the State of Texas, all assistance required to perfect the
rights defined herein without charge or expense beyond those amounts payable to
Contractor for goods provided or services rendered under this 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 agency)."
(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) any rights of copyright, service or trade marks or patents to
which a grantee, subgrantee or a Contractor purchases ownership with contract
fluids.
(e) If the results of the contract performance are subject to copyright law, the
Contractor cannot publish those results without prior review and approval of
DSHS. Contractor shall submit requests for review and approval to the Division
Contract Management Unit assigned to the Program Attachment.
Section 13.06 Other Intangible Property. At the conclusion of the contractual
relationship between Department and the Contractor, for any reason, Department
shall have the sole ownership rights and interest in all non-copyrightable intangible
property that was developed, produced or obtained by Contractor as a specific
requirement under the Contract or under any grant that funds this Contract, such as
domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and
interest in such property. This provision shall survive the termination or expiration
of the Contract.
General Provisions (Core Subrecipient 2008) 6/12/2007 27
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 Program Attachment; and if a budget
revision or amendment is requested during the last quarter of the Contract or
Program Attachment term, as applicable, 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. Except as otherwise provided
in this Article, Contractor shall not perform or produce, and DSHS shall not pay for
the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in
compliance with this Section; and DSHS may not waive any term, covenant, or
condition of this Contract unless by amendment or otherwise in compliance with
this Section.
Section 13.16 Contractor's Notification of Change to Certain Contract
Provisions. The following changes may be made to the Contract without a written
amendment or 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 contract
Program Attachments 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 concerning non-DSHS funding
other than program income and match, regardless of the amount of the change,
provided that in changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated
in this section. The notification may be by letter, fax or email.
Section 13.17 Contractor's Request for Revision of Certain Contract
Provisions. The following changes to the Contract may be made through a
Contractor's Revision Request, rather than through the amendment process:
1) Cumulative budget line item transfers among direct cost categories other than the
equipment category that exceed 10% of cost reimbursement contract Program
Attachments 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, (Ex. purchase of XYZ brand computer
General Provisions (Core Subrecipient 2008) 6/12/2007 29
(a) Name of Executive;
(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 comply with TEx. GOVT. CODE §
669.003.
Section 13.22 Technology Accessibility. If performance under this Contract
includes the development, modification or maintenance of a website for DSHS or
for the public on behalf of DSHS, Contractor expressly acknowledges that state
funds may not be expended in connection with the purchase of an automated
information system unless that system meets certain statutory and regulatory
requirements relating to accessibility by persons with blindness, visual impairments,
visual accuity less than 20/70, deafness, diminishing hearing, inability to speak or a
lack of fine motor control (collectively "affected persons"). Accordingly,
Contractor represents and warrants to DSHS that the technology provided to DSHS
for purchase is capable, either by virtue of features included within the technology
or because it is readily adaptable by use with other technology, of:
a. Providing equivalent access for effective use by affected persons;
b. Presenting information, including prompts used for interactive
communications, in formats intended for use by affected persons; and
c. Being integrated into networks for obtaining, retrieving, and disseminating
information used by affected persons.
For purposes of this section, the phrase "equivalent access" means a substantially
similar ability to communicate with or make use of the technology, either directly by
features incorporated within the technology or by other reasonable means such as
assistive devices or services that would constitute reasonable accommodations under
the Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical
displays, information retrieval provided in an enhanced auditory fashion, voice
commands, touch screen capacity, and customize display appearance.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES
FOR NON-COMPLIANCE.
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions
that constitute breach of contract include, but are not limited to, the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 31
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 of 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 may not bill DSHS for services performed
during suspension, and 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;
f) 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;
g) 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;
h) declare the Contract void upon the Department's determination that
the Contract was obtained fraudulently or upon the Department's
determination that the Contract was illegal or invalid from the Contract's
inception and demand repayment of any funds paid under the Contract;
General Provisions (Core Subrecipient 2008) 6/12/2007 33
the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are
based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted, unless the remedy or
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 decision. If required by the Department, Contractor
shall take corrective action.
Section 14.04 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 XV CLAIMS AGAINST THE DEPARTMENT.
Section 15.01 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 breach of contract claim against
DSHS.
Section 15.02 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.
General Provisions (Core Subrecipient 2008) 6/12/2007 35
competing or noncompeting continuation, renewal, extension, or supplemental
award; or (4) voiding of a contract upon determination that the award was obtained
fraudulently, or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment,
as applicable, with at least thirty (30) calendar days prior written notice
to the other Party, except that if Contractor seeks to terminate a Contract
or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client
services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by
mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment
with at least thirty (30) calendar days prior written notice to the other
Party in the event funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or
health and human services agencies, amendments to the Appropriations
Act, health and human services consolidations, or any disruption of
current appropriated funding for this Contract or Program Attachment
d) Department may terminate this Contract or a Program Attachment
immediately when, in the sole determination of Department, termination
is in the best interest of the State of Texas.
Section 16.05 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;
General Provisions (Core Subrecipient 2008) 6/12/2007 37
(h) Contractor's management system does not meet the UGMS management
standards.
Section 16.06 Notice of Termination. Either Party may deliver written notice of
intent to terminate by any verifiable method. If either Party gives notice of its
intent to terminate all or a part of this Contract, Department and Contractor will
attempt to resolve any issues related to the anticipated termination in good faith
during the notice period.
ARTICLE XVH VOID, SUSPENDED, AND TERMINATED
CONTRACTS.
Section 17.01 Void Contracts. Department may hold this Contract void upon
determination that the award was obtained fraudulently or was otherwise illegal or
invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated
Contract. A Contractor who has been a party to a contract with DSHS that has
been found to be void, suspended, or terminated for cause is not eligible for
expansion of current contracts, if any, or new contracts or renewals until the
Department has determined that Contractor has satisfactorily resolved the issues
underlying the suspension or termination. Additionally, if this Contract is found to
be void, any amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Gov. Code §2105.302, after receiving
notice from the Department of termination of a contract with DSHS funded by
block grant funds, Contractor may request an administrative hearing under Gov.
Code Chapter 2001.
ARTICLE XVIH CLOSEOUT AND CONTRACT
RECONCILIATION
Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract
or Program Attachment, as applicable, (and any renewals of the Contract or
Program Attachment) on its own terms, Contractor shall cease services under the
Contract or Program Attachment 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 or Program Attachment termination or non -renewal, 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 or Program Attachment by the date specified in the termination
or non -renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of the Contract or Program Attachment, or incur any
additional expenses once the Contract or Program Attachment is terminated or has
expired. Upon termination, expiration or non -renewal of this Contract or a Program
Attachment, Contractor shall immediately initiate CIoseout activities described in
General Provisions (Core Subrecipient 2008) 6/12/2007 39
CONTRACT NO. 2008-022963-
PROGRAM ATTACHMENT NO.001
PURCHASE ORDER NO. 0000330343
CONTRACTOR: LUBBOCK CITY HEALTH DEPARTMENT
DSHS PROGRAM: CPS-BIOTERRORISM PREPAREDNESS -LAB
TERM:09/01/2007 THRU:08/31/2008
SECTION I. STATEMENT OF WORK:
Contractor shall assist DSHS in the implementation of DSHS's:
• FY2006 Centers for Disease Control and Prevention (CDC) Cooperative
Agreement Work Plan for Public Health Preparedness and Emergency Response
for Bioterrorism (Program Announcement 99051) to upgrade state and local
public health jurisdictions' preparedness for and response to terrorism and other
public health threats and emergencies; and
• FY2005 Health Resources Services Administration (HRSA) National
Bioterrorism Hospital Preparedness Program (HRSA Announcement Number 5-
U3R-05-001) to enhance the ability of hospitals and health care systems to
prepare for and respond to bioterrorism and other public health emergencies.
Contractor shall conduct activities at the local level as stated in the FY2008 Public Health
Emergency Preparedness Workplan for Laboratory Response Network (LRN)
Laboratories.
Contractor shall:
• Maintain a confirmatory bioterrorism testing laboratory with a staff trained and
proficient in CDCs LRN biothreat protocols;
• Test samples from identified service area for biothreat agents and toxins. Once
biologic agent is identified, Contractor shall be prepared to test for other
infectious agents and for other public health threats and emergencies;
• Test food samples for pathogenic microbes using Bacteriological Analytical
manual and DSHS protocols;
• Maintain extensive collaboration with all hospitals located in the identified
service area to plan for response activities for biothreats;
• Maintain extensive collaboration with local law enforcement, hazardous material
and other emergency responders. In addition, Contractor shall prepare Standard
Operating Procedures and Standard Operating Guidelines (SOPs/SOGs) covering
interaction with these agencies in the event of an emergency or incident;
• Provide copies of all new or revised SOPS/SIGs related to preparedness to DSHS
with quarterly report;
ATTACHMENT — Page 1
• Utilize DSHS's provided Laboratory Information System for reporting biothreat
microbes. This reporting shall include sample and laboratory data as well as the
final report;
• Present laboratory -oriented training to hospitals and reference laboratories in the
identified service area on the LRN sentinel protocols to include packaging and
shipping of both biological and chemical samples according to published CDC
protocols such that 90% of these laboratories have received this instruction during
the term of this Program Attachment;
• Maintain a system for safe specimen transport from local laboratories;
• Explore the capabilities and needs of sentinel laboratories;
• Prepare current information during an incident;
• Submit a quarterly report according to DSHS guidelines; and
• Provide LRN surge capability plan.
Contractor's laboratory microbiologist shall be responsible for training other Contractor
laboratory staff in setting up and performing all diagnostic and reference testing for select
biologic agents; monitoring and evaluating biothreat incidents, outbreaks of infectious
disease and other public health threats and emergencies; communicating with all other
laboratories within the service area as defined by DSHS; and interacting with DSHS and
CDC.
Contractor shall comply with all applicable federal and state laws, rules, and regulations
including, but not limited to, the following:
• Public Law 107-117, Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks on the
United States, Act. 2002;
• Public Law 107-188, Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;
• Public Law 107-188, Regulation of Certain Biological Agents and Toxins;
• Public Law 109-417, Pandemic and All -Hazards Preparedness Act of 2005; and
• Chapter 81, Texas Health and Safety Code.
Contractor shall comply with all applicable regulations, standards and guidelines in effect
on the beginning date of this Program Attachment.
The following documents are incorporated by reference and made a part of this Program
Attachment:
• Centers for Disease Control and Prevention (CDC) Guidance for Public Health
Emergency Preparedness (Funding Opportunity Number AA154; Announcement
Number 99051) https:I/www.dshs,state.tx.us/comi)rep/CDC%20FY%2007.doc;
• FY2005 Health Resources Services Administration (HRSA) National
Bioterrorism Hospital Preparedness Program (HRSA Announcement Number 5-
M-05-001) http://www.hrsa.gov/bioterrorism/hrsa05OOl.htm;
• FY 2008 Public Health Emergency Preparedness Workplan for Laboratory
Response Network (LRN) Laboratories;
ATTACHMENT — Page 2
• Contractor's FY 08 Applicant Information and Budget Detail; and
• CDCs Local Emergency Preparedness and Response Inventory.
Contractor shall notify DSHS in advance of Contractor's plans to participate in or
conduct local exercises, in a format specified by DSHS. Contractor shall participate in
statewide exercises planned by DSHS as needed to assess the capacity of Contractor to
respond to bioterrorism, other outbreaks of infectious disease, and other public health
threats and emergencies. Contractor shall prepare after -action reports, documenting and
correcting any identified gaps or weaknesses in preparedness plans identified during
exercises, in a format specified by DSHS.
Contractor shall cooperate with DSHS to coordinate all planning, training and exercises
performed under this Program Attachment with the Governor's Division of Emergency
Management of the State of Texas, or other points of contact at the discretion of the
division, to ensure consistency and coordination of requirements at the local level and
eliminate duplication of effort between the various domestic preparedness funding
sources in the state.
Contractor shall coordinate all risk communication activities with DSHS
Communications Unit by using DSHS's core messages posted on DSHS's website
http://online.dshs.state.tx.us/oc/default.htm, and submitting copies of draft risk
communication materials to DSHS for coordination prior to dissemination.
In the event of a public health emergency involving a portion of the state, Contractor
shall mobilize and dispatch staff or equipment that were purchased with funds from this
Program Attachment and that are not performing critical duties in the jurisdiction served
to the affected area of the state upon receipt of a written request from DSHS.
Contractor shall inform DSHS in writing if it shall not continue performance under this
Program Attachment within thirty (30) days of receipt of an amended standard(s) or
guideline(s). DSHS may terminate the Program Attachment immediately or within a
reasonable period of time as determined by DSHS.
Contractor shall develop, implement, and maintain a timekeeping system for accurately
documenting staff time and salary expenditures for all staff funded through this Program
Attachment, including partial FTEs and temporary staff.
SECTION II. PERFORMANCE MEASURES:
Contractor shall complete the PERFORMANCE MEASURES as stated in the attached
Exhibit A.
Contractor shall provide reports as requested by DSHS to satisfy information -sharing
requirements set forth in Texas Government Code, Sections 421 .071 and 421.072 (b) and
(c).
ATTACHMENT — Page 3
Contractor shall provide services in the following counties: Andrews, Armstrong, Bailey,
Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle,
Crane, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Ector, Fisher, Floyd,
Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley,
Howard, Hutchinson, Irion, Kent, King, Lamb, Lipscomb, Loving, Lubbock, Lynn,
Martin, Midland, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Potter,
Randall, Reagan, Roberts, Scurry, Sherman, Sterling, Stonewall, Swisher, Terry, Torn
Green, Upton, Ward, Wheeler, Winkler
SECTION IIL SOLICITATION DOCUMENT:
NIA
SECTION IV. RENEWALS:
Renewal are permitted on a one-year basis, at DSHS's discretion, and dependant upon
funding availability, through FY 09.
SECTION V. PAYMENT METHOD:
Cost Reimbursement.
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13)
and acceptable supporting documentation for reimbursement of the required
services/deliverables. Vouchers and supporting documentation should be mailed or
submitted by fax or electronic mail to the addresses/number below:
Claims Processing Unit, MCI 940
Texas Department of State Health Services
1100 West 491h Street
PO Box 149347
Austin, TX 78714-9347
The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the
Claims Processing Unit is (512) 458-7442. The email address is
invoices(aWshs.state.tx.us.
SECTION VII. BUDGET: Cost Reimbursement
SOURCE OF FUNDS: 93.283
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Terms and Conditions of Payment Article, is revised to include:
ATTACHMENT — Page 4
DSHS will. monitor Contractor's billing activity and expenditure reporting on a
quarterly basis. Based on these reviews, DSHS may reallocate funding between
contracts to maximize use of available funding.
General Provisions, Allowable Costs and Audit Requirements Article, is amended to
include the following:
For the purposes of this Program Attachment, vehicles are not an allowable cost.
General Provisions, General Business Operations of Contractor Article, Overtime
Compensation Section, is not applicable to this Program Attachment.
ATTACHMENT — Page 5
2008-022963-001
Categorical Budget:
PERSONNEL
$51,214.00
FRINGE BENEFITS
$20,621.00
TRAVEL
$2,023.00
EQUIPMENT
$0.00
SUPPLIES
$14,030.00
CONTRACTUAL
$0.00
OTHER
$37,112.00
TOTAL DIRECT CHARGES
$125,000.00
INDIRECT CHARGES
$0.00
TOTAL
$125,000.00
DSHS SHARE
$125,000.00
CONTRACTOR SHARE
$0.00
OTHER MATCH
$0.00
Total reimbursements will not exceed $125,000.00
Financial status reports are due: 12/31/2007, 03/31/2008, 06/30/2008, 10/31/2008
EXHIBIT A
PROJECT PERIOD PUBLIC HEALTH EMERGENCY PREPAREDNESS WORKPLAN
FOR
LABORATORY REFERENCE NETWORKS (LRN)
FY2007 - FY2010
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan Page 9 of 17
DEFINITIONS
All Hazards Response Planning - This refers to the systems used to respond and recover from Chemical, Biological,
Radiological, Nuclear, Explosive (CBRNE) events, as well as natural disasters. In the case of the CDC Cooperative
Agreement, this applies to plans developed to respond to those public health emergencies that use the same systems
as would be tested in an event such as SARS or other BT agent.
ENVIRONMENTAL HEALTH RESPONDER - Included in the definition for Public Health Responder
FIRST RESPONDER — Department of Health (DOH) personnel who would be critical in the first phase of response
efforts
IMPLEMENTATION - includes all steps necessary to complete the tasks; installation, training, and technical assistance.
LONG TERM - The tracking of long-term health consequences to identify trends in physical or mental health resulting
from the exposure to Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) elements during an all -hazards
event. The length of tracking would be dependent upon the type of event.
PUBLIC HEALTH - Public health is the effort to protect, promote, maintain and restore a population's health.
PUBLIC HEALTH EMERGENCY - An immediate threat from a naturally occurring or intentional event 1) that poses a
high risk of fatalities or serious long-term disability to large numbers of people, and/or 2) where there is substantial risk
of public exposure because of a high level of contagion and the particular means of transmission of the infectious agent.
PUBLIC HEALTH PREPAREDNESS - Public health preparedness is the capacity of public health jurisdictions to
respond to a public health emergency. The CDC Cooperative Agreement enables public health jurisdictions to upgrade
their preparedness and response capacity.
PUBLIC HEALTH FIRST RESPONDER (PHFR) - DOH personnel that are required to deploy in the wake of a public
health emergency. Hospital personnel may be considered PHFRs if their activity is aligned to support public health
response efforts. However, Emergency Medical Service (EMS) Responders are mostly covered through Department of
Homeland Security (DHS).
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 2 of 17
CDC PREPAREDNESS GOAL 1: PREVENT
GOAL: Increase the use and development of interventions known to prevent human illness from chemical,
biological, radiological agents, and naturally occurring health threats.
1A: Target Capability: Planning
MEASURE
1) Public health agency has primary and secondary staff identified for core functional roles delineated in the Incident Command
System (ICS) for public health. Jurisdictional Target: For 100% of core public health ICS functional roles, public health
agency has documented contact information for primary and secondary) backup) staff.
REQUIRED CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Improve regional, jurisdictional, and state all -hazard plans
Revise regional, jurisdictional and state all -hazards plans (including
(including those related to pandemic influenza) to support
those related to pandemic influenza and mental health) as
response operations in accordance with National Incident
guidance/requirements are issued from US Dept of Homeland Security
Management System (NIMS) and the National Response
regarding the National Incident Management System and the National
Plan (NRP).
Response Plan.
Assure agency's Emergency Operations Center meets NIMS
Augment primary and secondary staff for core functional roles in
incident command structure requirements to perform core
Incident Command Structure (ICS).
functions: coordination, communications, resource dispatch
and tracking and information collection, analysis and
Continue to Implement plans and training addressing NIMS
dissemination.
compliance ICS.
Increase the number of public health responders who are
Identify the number of public health responders who will require PPE,
protected through Personal Protective Equipment (PPE),
vaccination and/or prophylaxis.
vaccination or prophylaxis.
Review adequacy of protection and maintain the level of protection for
the number of public health responders will require PPE.
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 3 of 17
Have or have access to a system that maintains and tracks
vaccination or prophylaxis status of public health responders
in compliance with PHIN Preparedness Functional Area
Countermeasure and Response Administration.
Increase all -hazard incident management capability by
conducting regional, jurisdictional and State training for
NIMS and the Incident Command System (ICS).
Public Health Preparedness Workplan
For Laboratory Reference Networks
Continue to track public health responders' vaccination or
prophylaxis.
Identify appropriate staff and schedule training.
Track staff training completion.
Workplan - Page 4 of 17
CDC PREPAREDNESS GOAL 2: PREVENT
GOAL: Decrease the time needed to classify health events as terrorism or naturally occurring in partnership
with other agencies.
Target Capability 2A: Information Gathering and Recognition of Indicators and Warning
Measures:
1) Percent of HRSA participating hospitals that transmit clinical and/or hospital utilization data in near real-time to a PHIN-compliant
early -event detection information system. Jurisdictional Target: 90% of HRSA awardee hospitals
2) Time to have a knowledgeable public health professional respond 24/7 to a call about an event that may be of urgent public
health consequence. Jurisdictional Target - Mean = 15 minutes
3) Time to initiate an epidemiologic investigation of an event that may be of urgent public health consequence. Jurisdictional
Target - mean = 1 hour from notification of an event that may be of urgent public health consequence.
4) Percent of Pulsed Field Gel Electrophoresis (PFGE) sub -typing data results submitted to the PulseNet national database within
96 hours of receiving isolate at the laboratory. Jurisdictional Target - 90% of PFGE sub -typing data results are submitted to
PulseNet within 96 hours.
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Develop and maintain systems to receive disease reports
Continue to receive, evaluate and respond to urgent disease reports
24/7/365.
on a 24/7/365 basis by maintaining and revising as needed contact
protocols, sharing updates with local, regional, and state partners, and
assuring public access to reporting resources.
Maintain continuous participation in CDC's Epidemic
Participate in Epi-X by having at least one staff registered.
Information Exchange Program (Epi-X).
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 5 of 17
Perform real-time subtyping of PulseNet tracked foodborne
disease agents. Submit the subtyping data and associated
critical information (isolate identification, source of isolate,
phenotype characteristics of the isolate, serotype, etc)
electronically to the national PulseNet database within 72 to
96 hours of receiving the isolate in the laboratory
Public Health Preparedness Workplan
For Laboratory Reference Networks
Continue to participate in PulseNet activities supporting the tracking
of foodborne disease causing bacteria.
Increase capabilities to upload data to PulseNet database for Listeria
monocytogenes and E.coli 0157:1-17.
Workplan - Page 6 of 17
CDC PREPAREDNESS GOAL 3: DETECT/REPORT
Goal: Decrease the time needed to detect and report chemical, biological, radiological agents in tissue, food,
or environmental samples that cause threats to the public's health.
TARGET CAPABILITY 3A: Public Health Laboratory Testing
MEASURES:
1) Percent of tested category A and B agents in specimens/samples for which the LRN reference lab(s) passes proficiency
testing. Jurisdictional Target: Reference labs has a passing rating for 100% of tested based on LRN-sponsored
proficiency tests in which lab participated
2) Percent of tested chemical agents in specimens/samples for which Level 1 and 2 LRN chemical lab(s) passes proficiency
testing. Jurisdictional Target - Level 1 and/or Level 2 chemical labs has a passing rating for 100% of tested chemical
agents based on LRN-sponsored proficiency tests in which lab participated
3) Time from shipment of clinical specimens to receipt at a LRN reference laboratory. Jurisdictional Target - Mean = 6 hours
4) Time from presumptive identification to confirmatory identification of select agents by LRN reference lab. Jurisdictional
Target - Targets from presumptive to confirmatory identification: Bacillus anthracis: <4 days; Francisella tularensis:
< 7 days; Yersinia pestis: < 6 days
5) Time to have a knowledgeable LRN reference laboratorian answer a call during non -business hours. Jurisdictional Target:
Mean = 15 minutes
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Increase and maintain relevant laboratory support for
Maintain and implement state-of-the-art laboratory capabilities of LRNs
identification of biological, chemical, radiological and nuclear
for clinical, environmental, and food specimens for biological testing.
agents in clinical (human and animal), environmental and
food specimens.
Maintain capabilities of LRNs to detect and confirm Category A agents.
Assist in coordinating response to events involving environmental and
veterinary laboratories.
Develop and maintain a database of all sentinel
Continue to maintain and update the Sentinel and Level 3 databases
(biological)ILevel Three (chemical) labs in the jurisdiction
to include required information.
using the CDC -endorsed definition that includes: Name,
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 7 of 17
contact information, BioSafety Level, whether they are a
health alert network partner, certification status, capability to
rule -out Category A and B bioterrorism agents per State -
developed proficiency testing or CAP bioterrodsm module
proficiency testing and names and contact information for in-
state and out-of-state reference labs used by each of the
jurisdiction's sentinel/Level Three labs).
Test the competency of a chemical terrorism laboratory
coordinator and bioterrorism laboratory coordinator to advise
on proper collection, packaging, labeling, shipping, and
chain of custody of blood, urine and other clinical
specimens.
Adapt DSHS protocols for local use.
Test accuracy of the 24/7/365 contact information of LRNs.
Provide testing annually.
Provide training annually to CT and BT coordinators to maintain their
certification.
Continue to update and maintain chain of custody protocols.
Test the ability of sentinel/Level Three labs to send Provide technical assistance to Sentinel and level 3 laboratories to
specimens to a confirmatory Laboratory Response Network improve timely and accurate specimen submission to a confirmatory
(LRN) laboratory on nights, weekends, and holidays. I LRN laboratory.
Package, label, ship, and coordinate routing and maintain
chain -of -custody of clinical, environmental, and food
specimens/samples to laboratories that can test for agents
used in biological and chemical terrorism.
Public Health Preparedness Workplan
For Laboratory Reference Networks
Provide technical assistance for 24/7/365 specimen submission of
HRSA funded hospitals, Sentinel and Level 3 laboratories to LRNs.
Test the accurate and timely submission of diagnostic or infectious
agent's submissions during a simulated or natural event.
Develop and review annually protocols for chain -of -custody.
Maintain chain -of -custody documentation.
Provide technical assistance to first responders, law enforcement and
Sentinel/Level 3 laboratories on maintaining chain -of -custody.
Workplan - Page 8 of 17
Continue to develop or enhance operational plans and
protocols that include: * specimen/samples transport and
handling, *worker safety, *appropriate Biosafety Level (BSL)
working conditions for each threat agent, *staffing and
training of personnel, *quality control and assurance,
*adherence to laboratory methods and protocols,
*proficiency testing to include routine practicing of
Laboratory Response Network (LRN) validated assays as
well as participation in the LRN's proficiency testing program
electronically through the LRN website, *threat assessment
in collaboration with local law enforcement and Federal
Bureau of Investigations (FBI) to include screening for
radiological, explosive and chemical risk of specimens,
*intake and testing prioritization, *secure storage of critical
agents, *appropriate levels of supplies and equipment
needed to respond to bioterrorism events with a strong
emphasis on surge capacities needed to effectively respond
to a bioterrorism incident.
Ensure the availability of at least one operational Biosafety
Level Three (BSL-3) facility in your jurisdiction for testing for
biological agents. If not immediately possible, BSL-3
Public Health Preparedness Workplan
For Laboratory Reference Networks
Develop and review annually protocols for specimen collection,
packaging, labeling, and shipping.
Provide technical assistance to first responders, law enforcement and
Sentinel/Level 3 laboratories on specimen collection, packaging,
labeling, and shipping.
Maintain train -the -trainer certification of LRN.
Continue to develop laboratory all -hazards operational plans and
protocols to reduce the response times to bio-threat, chemical threat,
or radiological threat agents.
Assess training needs and implement training as necessary.
Review and update annually the laboratory all -hazards plans to reflect
all required elements and worker safety including surge capacity safety
issues.
Maintain a BSL-3 facility in each of 10 designated LRN laboratories
areas.
Workplan - Page 9 of 17
practices, as outlined in the CDC-NIH publication "Biosafety
in Microbiological and Biomedical Laboratories, 4th Edition"
(BMBL), should be used (see www.cdG.gov/od/ohs) or
formal arrangements (i.e., Memorandum of Understanding
(MOU) should be established with a neighboring jurisdiction
to provide this capacity.
Ensure that laboratory registration, operations, safety, and
security are consistent with both the minimum requirements
set forth in Select Agent Regulation (42 CFR 73) and the US
Patriot Act of 2001 (P.L. 107-56) and subsequent updates.
Ensure at least one public health laboratory in your
jurisdiction has the appropriate instrumentation and
appropriately trained staff to perform CDC -developed and
validated real-time rapid assays for nucleic acid amplification
(Polymerise Chain Reaction, PCR) and antigen detection
(Time -resolved Fluorescence, TRF).
Increase the exchange of laboratory testing orders and
results.
Public Health Preparedness Workplan
For Laboratory Reference Networks
Develop Memorandum of Understanding (MOU's) or algorithms to
address surge capacity testing.
Review and revise annually the written protocol coordinating specimen
submission for laboratory analysis in response to an emergency
situation or in support of an epidemiological investigation.
Adapt/review and revise annually written protocol for local use.
Obtain and review revision to the Select Agent Regulations within 30-
days of publication.
Continue updating operating protocols to include minimum
requirements set forth in the latest update of the Select Agent
Regulations.
Apply for renewal of certification(s) from Clinical Laboratory
Improvement Act (CLIA), United States Department of Agriculture
(USDA), and United States Food and Drug Administration (USFDA) as
required.
Obtain and maintain security clearances.
Maintain current capabilities and improve response by implementing
state-of-the-art technologies.
Purchase and install Public Health Laboratory Information
Management System (PHLIMS).
Workplan - Page 10 of 17
Monitor compliance with public health agency (or public
health agency lab) policy on timeliness of reporting results
from confirmatory LRN lab back to sending sentinel/Level
Three lab (i.e., feedback and linking of results to relevant
public health data) with a copy to CDC as appropriate.
Comply with PHI Preparedness Functional Areas
Connecting Laboratory Systems and Outbreak Management
to enable: a) the linkage of laboratory orders and results
from sentinel/Level Three and confirmatory LRN labs to
relevant public health (epi) data and b) maintenance of
chain of custody.
Public Health Preparedness Workplan
For Laboratory Reference Networks
Develop procedures for exchange of laboratory testing orders and
results with epidemiologists.
Test the procedures to exchange laboratory testing orders and results
between other LRN laboratories and epidemiologists.
Consolidate links to health information systems on the Health Alert
Network (HAN)IPublic Health Information Network (PHIN).
LRN WITH BIOWATCH LABORATORIES ONLY
continue to utilize Messenger 2.0 in the BioWatch laboratories
connected with LRN
Review and evaluate the usage of electronic reporting system.
Coordinate with CDC the planning of and implementation of OMS that
links to Public Health Laboratory Information Management System
(PHLIMS).
Implement PHLIMS for maintenance of electronic chain -of -custody.
Workplan - Page 11 of 17
CDC PREPAREDNESS GOAL 6: CONTROL
Goal: Decrease the time needed to provide countermeasures and health guidance to those affected
by threats to the public's health
TARGET CAPABILITY 6A: Communications
MEASURES:
1) Time to distribute a health alert to key response partners of an event that may be of urgent public health consequence.
Jurisdictional Target: Mean = 6 hours from the time a decision is made to notify partners
2) Percent of clinicians and public health response plan partners that receive public health emergency communication messages.
Jurisdictional Target: 70% of clinicians and public health partners receive messages within the specified time.
3) Percent of key public health response partners who are notified/alerted via radio or satellite phone when electric grid power,
telephones, cellular service and internet services are unavailable. Jurisdictional Target: 75% of response partners
acknowledge message within 5 minutes of communication being sent
4) Time to notify/alert all primary staff (secondary or tertiary staff as needed) with public health agency ICS functional responsibilities
that the public health agency's EOC is being activated. Jurisdictional Target: Mean = 60 minutes
5) Time for primary staff (secondary or tertiary staff as needed) with public health agency ICS functional responsibilities to report for
duty at public health agency's Emergency Operation Center (EOC). Jurisdictional Target: Mean = 21/2 hours from time that
public health director or designated official received notification that the public health agency's EOC will be activated.
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Increase the number of public health experts to support
Continue to train to increase number of ICS trained staff able to
Incident Command (IC) or Unified Command (UC)
respond to emergency activation of public health Emergency
Operations Center (EOC),
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 12 of 17
TARGET CAPABILTIY 6C: Responder Safety and Health
MEASURE:
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Increase compliance with public health personnel health and
Review and update all -hazards plans to include worker personnel
safety requirements.
health and safety requirements.
Provide Personal Protection Equipment (PPE) based upon
Conduct staff hazard analysis and risk assessment to identify their
hazard analysis and risk assessment.
level of occupational risk based on job description.
Consult US Department of tabor Occupational Safety and Health
Organization (OSHA) Website for guidance. OSHA.gov and search for
standards.
1-800-321-OSHA (6742) {Toll Free U.S.} Purchase and have available
appropriate PPE for staff according to their risk assessment.
Provide access to training on PPE to staff based on OSHA hazard
analysis and risk assessment
Develop management guidelines and incident health and
Use the management guidelines to complete local plans which
safety plans for public health responders (e.g., heat stress,
address worker safety issues.
rest cycles, PPE).
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 13 of 17
Provide technical advice on worker health and safety for IC
and UC_
Increase the number of public health responders that
receive hazardous material training
Public Health Preparedness Workplan
For Laboratory Reference Networks
Provide worker safety protocol within the ICIUC structure.
Conduct staff hazard analysis and risk assessment to identify the level
of occupational risk based on job description.
Provide access to training on hazardous materials to staff based on
OSHA hazard analysis and risk assessment.
Workplan - Page 14 of 17
CDC PREPAREDNESS GOAL 7: RECOVER
Goal: Decrease the time needed to restore health services and environmental safety to pre -event levels.
TARGET CAPABILITY 7A: Environmental Health
MEASURE:
1) Time to issue guidance to the public after an event. Jurisdictional Target: Mean = 6 hours from the time a decision is made
to provide recovery -related information to thepublic.
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
Conduct post -event planning and operations to restore
Begin to establish an Memorandum of Understanding
general public health services
(MOU)IMemorandurn of Agreement (MOA) with environmental
agency(ies) for reporting, notification and recommendations) for
follow-up as needed
Adapt/implement state written plan to local jurisdiction.
Decrease the time needed to issue interim guidance on risk
Develop and/or revise pre -approved messages to include fact sheets,
and protective actions by monitoring air, water, food, and
question -and -answer sheets, templates and key messages_
soil quality, vector control, and environmental
decontamination, in conjunction with response partners.
Use pre -approved messages to address public health threats and
emergencies.
Develop and use messages specific to the community at any time.
Continue environmental testing and monitoring (e.g., BioWatch,
radiation control, food safety assessments, and large capacity water
testing project in El Paso and Corpus Christi).
Obtain training in the use of PPE.
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 15 of 17
CDC PREPAREDNESS GOAL 9: IMPROVE
Goal: Decrease the time needed to implement recommendations from after -action reports following
threats to the public's health.
TARGET CAPABILITY 9A: Planning
MEASURES:
1) Time to complete an After -Action Report (AAR) with corrective action plan(s). Jurisdictional Target: Mean = 60 days from
conclusion of an exercise or real event.
2 Time to re-evaluate areas requiring corrective action. Jurisdictional Target: Mean = 180 days after AAR is completed
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CONTRACTOR REQUIRED ACTIVITIES
All exercises may either be naturally occurring or scheduled. With
scheduled exercises, to enhance coordination with Governors
Department of Emergency Management (GDEM), submit Exercise
Notification Form to DSHS 30 days prior. The exercise must focus on
specific components of a plan although it is not necessary to exercise all
components of the plan at one time. Plans must test horizontal and
vertical integration with response partners at the federal, state, tribal and
local level. Response partners can include, but is not limited to, public
health, emergency management, laboratory, emergency and clinical
medical providers, pharmacy, public works, emergency services,
elected officials, school districts, military, and private sector
businesses/employers. Response partners may also include bi-national
partners at the local, state or federal levels where appropriate.
Exercise plans to test horizontal and vertical integration
Annually exercise capability to receive and respond to disease reports of
with response partners at the federal, state, tribal, and
urgent cases, outbreaks or other public health emergencies 24/7.
local level.
Annually exercise the laboratory readiness and capacity to receive and
respond for chemical and biological agents (for those agencies with a
laboratory response network (LRN)
Test every six months the time it takes for public health agency staff with
ICS functional responsibilities to report for duty.
Public Health Preparedness Workplan
For Laboratory Reference Networks Workplan - Page 16 of 17
Decrease the time needed to identify deficiencies in
personnel, training, equipment, and organizational
structure, for areas requiring corrective actions
Decrease the time needed to implement corrective
actions
Decrease the time needed to re -test areas requiring
corrective action.
Public Health Preparedness Workplan
For Laboratory Reference Networks
Write and submit an after -action report and corrective action plan within
60 days of conclusion of exercise or real event.
Implement a plan to correct deficiencies and identify unresolved barriers.
Retest areas of deficiencies within 180 days of AAR.
Workplan - Page 17 of 17
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENTS
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 o r 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, an officer or employee of congress, or an employee of 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
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an
officer or employee of congress, or an employee of a member of congress in connection with this
Standard Form-1 1, "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 that $10,000 and not more than $100,000 for each
such failure.
August 23, 2007
Signature Date
David A. Miller, Mayor
Print Name of Authorized Individual
2008-022963
Application or Contract Number
LUBBOCK CITY HEALTH
DEPARTMENT
Organization Name Approved as to fonrrtt
/I
CSCU # EF29-12374 - Revised 2/2006
Department of State Health Services
Financial Status Report
FSR269A
1100 West 49's Street
Austin, Texas 78756-3199
Fiscal Division/Accounts Payable
Phone (5 12)45 9-743 5
Contractor Name: LUBBOCK CITY HEALTH
DEPARTMENT
DSHS Program: CPS/BIO-LAB
DSHS Contract #: 2008-022963
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17560005906001
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF LUBBOCK
Address: PO BOX 2000
City, ST, Zip: LUBBOCK, TX 79408-2000
Contract Term:
From: 09/01 /2007
Period Covered in Report:
From: 09/01/2007
To: 08/31 /2008
To: 11/30/2007
PO Number: 0000330343
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
(i)
Budget Categories
(ii)
Approved Budget
(iii)
This Period
{iv)
Cumulative
M
Remaining Budget
Balance ii minus iv
a. Personnel
51,214.00
b. Fringe Benefits
20,621.00
c. Travel
2,023.00
d. Equipment
0.00
e. Supplies
14,030.00
f. Contractual
0.00
g. Other
37,112.00
h. Total Direct Charges
125,000,00
i. Indirect Charges
0.00
j. Total Charges
125,000.00
Less: k. Program Income Collected
( )
(
)
1. Non-DSHS Funding
{
)
in. ADVANCE: Received (Col. iiiyRepaid (Col. iv)
Balance Craved (Col. v)
(
)
n. Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC-4a (269a) Revised 6104
Department of State Health Services
Financial Status Report
FSR269A
1100 West 49 h Street
Austin, Texas 78756-3199
Fiscal Division/Accounts Payable
Phone(512)458-7435
Contractor Name: LUBBOCK CITY HEALTH
DEPARTMENT
DSHS Program: CPSlBIO-LAB
DSHS Contract #: 2008-022963
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17560005906001
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF LUBBOCK
Address: PO BOX 2000
City, ST, Zip: LUBBOCK, TX 79408-2000
Contract Term:
From: 09/01 /2007
Period Covered in Report:
From: 12/01/2007
To: 08/31 /2008
To: 02/29/2008
PO Number: 0000330343
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
(i)
Budget Categories
(ll}
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance ii minus iv
a. Personnel
51,214,00
b. Fringe Benefits
20,621.00
c. Travel
2,023.00
d. Equipment
0.00
C. Supplies
14,030.00
f. Contractual
0.00
g. Other
37,112.00
It, Total Direct Charges
125,000.00
i. Indirect Charges
0.00
j. Total Charges
125,000.00
Less: k. Program Income Collected
( )
(
}
1. Non-DSHS Funding
(
)
m. ADVANCE: Received (Col. iii)/Repaid (Col. iv)
Balance Owed (Col. v)
(
)
n. Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone M
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC 4a (269a) Revised 6104
Department of State Health Services
Financial Status Report
FSR269A
1100 West 40 Street
Austin, Texas 78756-3199
Fiscal Division/Accounts Payable
Phone (512)458-7435
Contractor Name: LU13BOCK CITY HEALTH
DEPARTMENT
DSHS Program: CPSBIO-LAB
DSHS Contract #: 2008-022963
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17560005906001
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF LUBBOCK
Address: PO BOX 2000
City, ST, Zip: LUBBOCK, TX 79408-2000
Contract Term:
From: 09/01 /2007
Period Covered in Report:
From: 03/01/2008
To: 08/31 /2008
To: 05/31/2008
PO Number: 0000330343
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
(i)
Budget Categories
(ii)
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance ii minus iv)
a. Personnel
51,214.00
b. Fringe Benefits
20,621.00
c. Travel
2,023.00
d. Equipment
0.00
C. Supplies
14,030.00
f. Contractual
0.00
g. Other
37,112.00
It. Total Direct Charges
125,000.00
i. Indirect Charges
0.00
j. Total Charges
125,000.00
Less: k. Program Income Collected
{ )
(
)
1. Non-DSHS Funding
(
)
m. ADVANCE: Received (Col. iii)/Repaid (Col. iv)
Balance Owed (Col. v)
(
}
n_ Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC-4a (269a) Revised OfO4
Department of State Health Services
Financial Status Report
FSR269A
1100 West 49" Street
Austin, Texas 78756-3199
Fiscal Division/Accounts Payable
Phone (512)458-7435
Contractor Name: LUBBOCK CITY HEALTH
DEPARTMENT
DSHS Program: CPSBIO-LAB
DSHS Contract #: 2008-022963
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17560005906001
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF LUBBOCK
Address: PO BOX 2000
City, ST, Zip: LUBBOCK, TX 79408-2000
Contract Term:
From: 09/01/2007
Period Covered in Report:
From: 06/01/2008
To: 08/31/2008
To: 08/31/2008
PO Number: 0000330343
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
Budget Categories
Approved Budget
(ui)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance ii minus iv
a. Personnel
51,214.00
b. Fringe Benefits
20,621.00
c. Travel
2,023,00
d. Equipment
0.00
e. Supplies
14,030.00
f. Contractual
0.00
g. Other
37,112.00
h. Total Direct Charges
I25,000.00
i. Indirect Charges
0.00
j. Total Charges
125,000.00
Less: k. Program income Collected
( )
(
)
1. Non-DSHS Funding
(
)
m. ADVANCEr Received (Col. iii)iRepaid (Col. iv)
Balance Owed (Col. v)
(
)
n. Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC-4a (269a) Revised 6/04
f TEXAS DEPARTMENT OF STATE HEALTH SERVICES
1100 W. 491h Street • Austin, Texas 78756
DAVID L. LAKEY, M.D. 1-888-963-71 1 1 • hqp://www.dshs.state.tx.us
COMMISSIONER TDD: 512-45 8-7708
September 5, 2007
RECEIVED
Tommy Camden, Health Director
Lubbock City Health Department
1902 Texas Avenue
PO Box 2548
Lubbock TX 79408
Dear Mr. Camden:
S E P 1' 0 2007
LUBBOCK HEALTH DEPT.
Enclosed are 2 originals of your Department of State Health Services (DSHS) contract. Please file it with
the office of record for your agency.
This contract involves plans to respond to an act of terrorism. It contains sensitive information that
should not be discussed openly. Texas Iaw allows, and the department strongly suggests, that a governing
body that considers this contract in an open meeting, should consider it in an executive session as allowed
by Texas Government Code § 418.183(f).
The provisions of this contract require submittal of quarterly financial reports no later than 30 days after
the end of the first three quarters and a final report no later than 60 days after the end of the contract term.
Attached are preprinted Financial Status Reports (FSR 269a) for the entire term of your contract. Please
forward the FSR forms to the person in your agency responsible for completion of financial
reports. If this is a contract amendment, FSRs are provided only for the remaining term of your contract.
These reports are required regardless of whether or not expenses are incurred.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the
contract Attachment term. Additional information regarding this policy is available on the DSHS website
at http://w-ww.dshs.state.tx.Lis.
Please reference the DSHS contract and attachment number in all future correspondence. If you have
questions, please contact Janet Childers at 512-458-7111 ext. 6386 or via email at
Janet.Chi Iders(a7dshs.state.tx.us.
Sincerely,
Bob Burnette, Director
Client Service Contracting Unit
Enclosures
An Equal Employment Opportunity Employer and Provider
exfsr.ltr