HomeMy WebLinkAboutResolution - 2024-R0048 - National Association Of County & City Health Officials, Contract 2023-112007 - 01/23/2024Resolution No. 2024-R0048
Item No. 6.23
January 23, 2024
RESOLUTION
BE I7' RLSOLVLD I3Y "I,III; CI"1'Y COLTNCIL OI� "1'IIr CI1'Y OP LUI3I30CK:
"1'I IA`l' thc Mayor of the City of Lubbock is hercby authorized and directed to execute
for and on bchalf of thc City of Lubbock, NACCIIO Contract No. 2023-112007, to enhancc
the programmatic activities of CDC Grant No. SNtJ380"I'000306-OS-00, by and between the
City of Lubbock and the National Association of County and City IIcalth Officials, and all
related documents. Said Contract is attached hereto and incorporatcd in this resolution as if
fully sct forth hercin and shall bc included in thc minutcs of thc City Council.
Passcd by thc City Council on _ JanuarX23�2024 __
"I' ' NI ;, MAYOR
AT"I'LST:
Courincy Paz, City Sccrct y
APPROVED AS "1'O CON"I'I;N"1':
- -� _
Bill II c. on, Dcp i y Manager
ApYROV1;D AS '1'O 1�ORM:
Rachael Foste , Assistant City nttorney
ItI;S.NACCl10 Contract 2023-1 12007
l.l 1.24
Resolution No. 2024-R0048
NACCHO CONTRACT #2023-112007
CONTRACTOR AGREEMENT
This Contractor Agreement is entered into, effective as of the date of the later signature
indicated below, by and between the National Association of County and City Health Officials
(hereinafter referred to as "NACCHO"), with its principal place of business at 1201 (I) Eye Street
NW 4th FI., Washington, DC 20005, and City of Lubbock Through City of Lubbock Health
Department (hereinafter referred to as "Contractor"), with its principal place of business at 1314 Ave
K, Lubbock , TX 79401.
WHEREAS, NACCHO wishes to hire Contractor to provide certain goods and/or services to
NACCHO;
WHEREAS, Contractor wishes to provide such goods and/or services to NACCHO;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows:
ARTICLE I: SPECIAL PROVISIONS
1. PURPOSE OF AGREEMENT: Contractor agrees to provide the goods and/or services to
NACCHO to enhance the programmatic activities of CDC GRANT # SNU380T000306-OS-00,
CFDA #93.421, as described in Attachment I. The terms of Attachment 1 shall be incorporated
into this Agreement as if fully set forth herein. Contractor shall act at all times in a professional
manner consistent with the standards of the industry.
2. TERM OF AGREEMENT: The term of the Agreement shall begin on October 17, 2023, and
shall continue in effect until June 30, 2024, unless earlier terminated in accordance with the
terms herein. Expiration of the term or termination of this Agreement shall not extinguish any
rights or obligations of the parties that have accrued prior thereto. The term of this Agreement
may be extended by mutual agreement of the parties.
PAYMENT FOR SERVICES: In consideration for professional services to be performed,
NACCHO agrees to pay Contractor an amount not to exceed $80,000.00. All payments will be
made within 30 days of receipt of invoice(s) from Contractor and following approval by
NACCHO for approved services, as outlined on Attachment 1. Three (3) invoices must be
submitted as follows:
Invoice No. Amount Deliverable Due date
Invoice I $22,000.00 Task 1: Attend project kick-off ineeting January 30, 2024
($1,000.00)
Task 2: NACCHO tracking document showing
completion of pre-assessment ($2,500.00)
Task 3: Develop and submit a project
implementation plan that indicates goals and/or
Contract # 2023-112007
Page 2
objectives, and activities and includes project
tracking ($10,000.00)
Task 4a: Using the NACCHO-provided template,
submit an interim version of the project
implementation plan, including a project
narrative, that shows progress toward goals
and/or objectives and activities through
December 2023 ($8,500.00)
Invoice II $17,000.00 Task 4b: Using the NACCHO-provided template, April 30, 2024
submit an interim version of the project
implementation plan, including a project
narrative, that shows progress toward goals
and/or objectives and activities through
February 2024 ($8,500.00)
Task 4c: Using the NACCHO-provided template,
submit an interim version of the project
implementation plan, including a project
narrative, that shows progress toward goals
and/or objectives and activities through April
2024 ($8,500.00)
Invoice lll $41,000.00 Task 4d: Using the NACCHO-provided template, June 30, 2024
submit a final version of the project
implementation plan, including a project
narrative, that shows progress toward goals
and/or objectives and activities through June
30, 2024 ($8,500.00)
Task Sa: Attendance and participation in at least
80% of monthly community of practice calls
and/or check-in polls ($2,000.00)
Task Sb: NACCHO tracking document showing
completion of the post-assessment survey and
project close activities ($2,500.00)
Task Sc: NACCHO tracking document showing
completion of the end-of-project report and/or
participation in an interview to share
challenges and lessons ($5,000.00)
Task Sd: NACCHO tracking document showing
completion of at least one communications
product to share lessons learned and best
practices ($2,000.00)
Task Se: Submit at least 3 posts or responses on the
BUILD HA[AR Virtual Community Page
($1,000.00)
Contract # 2023-112007
Task A: Develop an implementation plan and
provide documentation of coordination to
advance accreditation efforts through the
Public Health Accreditation Board (PHAB)
using HAI/AR program activities to fulfill
accreditation objectives and strengthen
crosscutting health department performance
improvement efforts ($10,000.00)
Task B: Summary report of the LHD role in a
decolonization strategy implementation in
long-term care facilities. ($10,000.00)
Page 3
NACCHO Contract number must be included on all invoices. Unless otherwise expressly stated
in this Agreement, all amounts specified in, and all payments to be made under, this Agreement
shall be in United States Dollars. The parties agree that payment method shall be made by
check, via postage-paid first-class mail, at the address for the giving of notices as set forth in
Section 25 of this Agreement. Any changes of payment method would require a modification
signed by both parties. The final invoice must be received by NACCHO no later than 15 days
after the end date of the Agreement. Contractor will be given an opportunity to revise as needed
but the final revised invoice must be received no later than 30 days after the end date of the
Agreement. NACCHO will not accept any invoices past 30 days of the end date of the
Agreement.
ARTICLE II: GENERAL PROVISIONS
l. [NDEPENDENT CONTRACTOR: Contractor shall act as an independent contractor, and
Contractor shall not be entitled to any benefits to which NACCHO employees may be entitled.
2. PAYMENT OF TAXES AND OTHER LEVIES: Contractor shall be exclusively responsible
for reporting and payment of all income tax payments, unemployment insurance, worker's
compensation insurance, social security obligations, and similar taxes and levies.
3. LIABILITY: All liability to third parties, loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as direct service delivery, to be carried out by the
Contractor in the performance of this agreement shall be the responsibility of the Contractor,
and not the responsibility of NACCHO, if the liability, loss, or damage is caused by, or arises
out of, the actions of failure to act on the part of the Contractor, any subcontractor, anyone
directly or indirectly employed by the Contractor.
All liability to third parties, loss, or damage as result of claims, demands, costs, or judgments
arising out of activities, such as the provision of policy and procedural direction, to be carried
out by NACCHO in the performance of this agreement shall be the responsibility ofNACCHO,
Contract # 2023-112007
Page 4
and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or
arises out of, the action or failure to act on the part of any NACCHO employee.
In the event that liability to third parties, loss, or damage arises as a result of activities
conducted jointly by the Contractor and NACCHO in fulfillment of their responsibilities under
this agreement, such liability, loss, or damage shall be borne by the Contractor and NACCHO
in relation to each party's responsibilities under these joint activities.
4. REVISIONS AND AMENDMENTS: Any revisions or amendments to this Agreement must be
made in writing and signed by both parties.
5. ASS[GNMENT: Without prior written consent of NACCHO, Contractor may not assign this
Agreement nor delegate any duties herein.
6. CONTINGENCY CLAUSE: This Agreement is subject to the terms of any agreement between
NACCHO and its Primary Funder and in particular may be terminated by NACCHO without
penalty or further obligation if the Primary Funder terminates, suspends or materially reduces
its funding for any reason. Additionally, the payment obligations of NACCHO under this
Agreement are subject to the timely fulfillment by the Primary Funder of its funding
obligations to NACCHO.
7. INTERFERING CONDITIONS: Contractor shall promptly and fully notify NACCHO of any
condition that interferes with, or threatens to interfere with, the successful carrying out of
Contractor's duties and responsibilities under this Agreement, or the accomplishment of the
purposes thereof. Such notice shall not relieve Contractor of said duties and responsibilities
under this Agreement.
8. OWNERSHIP OF MATERIALS: Contractor hereby transfers and assigns to NACCHO all
right, title and interest (including copyright rights) in and to all materials created or developed
by Contractor pursuant to this Agreement, including, without limitation, reports, summaries,
articles, pictures and art (collectively, the "Materials") (subject to any licensed third-party
rights retained therein). Contractor shall inform NACCHO in writing of any third-party rights
retained within the Materials and the terms of all license agreements to use any materials
owned by others. Contractor understands and agrees that Contractor shall retain no rights to
the Materials and shall assist NACCHO, upon reasonable request, with respect to the protection
and/or registrability of the Materials. Contractor represents and warrants that, unless otherwise
stated to NACCHO in writing, the Materials shall be original works and shall not infringe or
violate the rights of any third party or violate any law. The obligations of this paragraph are
subject to any applicable requirements of the Federal funding agency. Acceptance of grant
funds obligates recipients to comply with the standard patent rights clause in 37 CFR Part
401.14.
9. RESOLUTION OF DISPUTES: The parties shall use their best, good faith efforts to
cooperatively resolve disputes and problems that arise in connection with this Agreement. Both
Contract # 2023-112007
Page 5
parties will make a good faith effort to continue without delay to carry out their respective
responsibilities under the Agreement while attempting to resolve the dispute under this section.
If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute
shall be submitted to a dispute board for a nonbinding determination. Members of the dispute
board shall be the Director or Chief Executive Officer of the Contractor, the Chief Executive
Officer of NACCHO, and the Senior Staff of NACCHO responsible for this Agreement. The
costs of the dispute board shall be paid by the Contractor and NACCHO in relation to the actual
costs incurred by each of the parties. The dispute board shall timely review the facts, Agreement
terms and applicable law and rules, and make its determination. If such efforts fail to resolve the
differences, the disputes will be submitted to arbitration in the District of Columbia before a
single arbitrator in accordance with the then current rules of the American Arbitration
Association. The arbitration award shall be final and binding upon the parties and judgment may
be entered in any court of competent jurisdiction.
10. TERMINATION: Either party may terminate this Agreement upon at least fifteen (15) days
prior written notice to the other party. NACCHO will pay Contractor for services rendered
through the date of termination.
11. ENTIRE AGREEMENT: This Agreement contains all agreements, representations, and
understandings of the parties regarding the subject matter hereof and supersedes and replaces
any and all previous understandings, commitments, or agreements, whether oral or written,
regarding such subject matter.
12. PARTIAL INVALIDITY: If any part, term, or provision of this Agreement shall be held void,
illegal, unenforceable, or in conflict with any law, such part, term or provision shall be restated
in accordance with applicable law to best reflect the intentions of the parties and the remaining
portions or provisions shall remain in full force and effect and shall not be affected.
13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with
the laws of the District of Columbia (without regard to its conflict of law's provisions).
14. ADDITIONAL FLINDING: Unless prior written authorization is received from NACCHO, no
additional funds will be allocated to this project for work performed beyond the scope specified
or time frame cited in this Agreement.
15. REMEDIES FOR MISTAKES: If work that is prepared by the Contractor contains errors or
misinformation, the Contractor will correct error(s) within five business days. The Contractor
will not charge NACCHO for the time it takes to rectify the situation.
16. COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS: Contractor's use of funds
under this Agreement is subject to the directives of and full compliance with 2 CFR Part 200
(Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal
Awards), and 45 C.F.R. Part 75 (Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for HHS Awards), It is the Contractor's responsibility to understand and
Contract # 2023-112007
comply with all requirements set forth therein.
Page 6
17. EOUAL EMPLOYMENT OPPORTCINITY: Pursuant to 2 CFR 200 Subpart D, Contractor
will comply with E.O. l 1246, "Equal Employment Opportunity," as amended by E.O. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
18. DEBARRED OR SUSPENDED CONTRACTORS: Pursuant to Executive Order 12549 and
Executive Order 12689 entitled "Debarment and Suspension" and 2 CFR 180, Contractor
hereby certifies to the best of its knowledge that it is not presently debarred or suspended and
will execute no subcontract with parties listed on the General Services Administration's List of
Parties Excluded from Federal Procurement or Non-procurement Programs.
19. LOBBYING RESTRICTIONS AND DISCLOSURES: Pursuant to 2 CFR 200 Subpart E,
Contractor hereby certifies to NACCHO that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant
or any other award covered by 31 U.S.C. 1352. Contractor will also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
20. SALARY LIMITATION: Pursuant to CDC Additional Requirement — 32: Appropriation Act,
General Provisions, cap on Salaries (Division H, Title II, General Provisions, Sec. 202): None
of the funds appropriated in this Agreement shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of Executive Level II. Note:
The salary rate limitation does not restrict the salary that an organization may pay an individual
working under an HHS contract or order; it merely limits the portion of that salary that may be
paid with federal funds.
21. COMPLIANCE WITH FEDERAL ENVIRONMENTAL REGULATIONS: Pursuant to 2
CFR 200 Subpart F, Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
22. WHISTLEBLOWER PROTECTION: Pursuant to 41 U.S.C. 4712 employees of a contractor,
subcontractor, or subrecipient will not be discharged, demoted, or otherwise discriminated
against as reprisal for "whistleblowing."
23. CORONAVIRUS DISEASE 2019 (COVID-19) Funds: The contractor acknowledged that the
project is funded under the Coronavirus Preparedness and Response Supplemental
Appropriation Act, 2020 (P.L 116-123); the Coronavirus Aid, Relief and Economic Security Act,
2020 (the "CARES Act) (P.L. 116-136); the Paycheck Protection Program and Health Care
Enhancement Act (P.L. 116-139) and/or the Consolidated Appropriation Act, 2021 (P.L. 116-
Contract # 2023-112007
Page 7
260), Division M— Coronavirus Response and Relief Supplemental Appropriations Act, 2021
(P.L. 116-260) and hereby agrees, as to applicable to the award, to 1) comply with existing and/or
future directives and guidance from the Secretary regarding control of the spread of COVID-19;
2) in consultation and coordination with HHS, provide, commensurate with the condition of the
individual, COVID-19 patient care regardless of the individual's home jurisdiction and/or
appropriate public health measure and 3) assist the United States Government in implementation
and enforcement of federal orders related to quarantine and isolation. The Contractor will
comply, to the extend applicable, with Section 18115 of the CARES Act, with respect to the
reporting to the HHS Secretary of results tests intended to detect SARS-CoV-2 or to diagnose a
possible case of COVID-19. Such reporting shall be in accordance with guidance and direction
from HHS and/or CDC.
Furthermore, consistent with 45 C.F.R. 75.322, the Contractor agrees to provide to CDC copies
and/or access to COVID-l9 data collected including but not limited to data related to COVID-
19 testing. CDC will specify in further guidance and directives what is encompassed by this
requirement.
24. EXECUTION AND DELIVERY: This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same Agreement. The counterparts of this Agreement and all Ancillary
Documents may be executed and delivered by facsimile or electronic mail by any ofthe parties
to any other party and the receiving party may rely on the receipt of such document so executed
and delivered by facsimile or electronic mail as if the original had been received.
25. NOTICE: All notices, including invoices, reyuired to be delivered to the other party pursuant to
this Agreement shall be in writing and shall be sent via email, facsimile, with a copy sent via US
mail, postage prepaid, to the parties at the addresses set forth below. Either party may send a
notice to the other party, pursuant to this provision, to change the address to which notices shall
be sent.
FOR NACCHO:
National Association of County and City
Health Officials
Attn: Candice Young
1201 (1) Eye Street NW 4th FI.,
Washington, DC 20005
Tel. (202) 507-4238
Fax (202) 783-1583
Email: c oun a�naccho.or
With a copy to:
National Association of County and City
Health Officials
Attn: Ade Hutapea, LL.M., CFCM, CCCM
Senior Director, Grants and Contracts
1201 (I) Eye Street NW 4th FI.,
Washington, DC 20005
Tel. (202) 507-4272
Fax(202)783-1583
Email: ahuta�ea�wnaccho.org
Contract # 2023-112007 Page 9
NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS
CONTRACTOR AGREEMENT — ATTACHMENT I
SCOPE OF WORK
Invo:ce 1: January 30, 2024
Invoice 2: April 30, 2024
Invoite 3:lune 30, 2424
lanuary 30, 2024 Task 1: Attend project k(ck•off meeting S
lanuary 30, 2024 Task 2: NACCHO tracking document showing completion af pre- S
assessment
January 30, 2024 Task 3: Develap and submlt a project implementation plan that indicates s
oals and/or ob xtives, and activities and lncludes pro ect trackin
January 30, 2024 Task 4a: Using the NACCHO-provided template, submit an fnterim
version of the project implementation plan, including a project narrative,
that shows progress toward goals and/or objectNes and activities $
through December 2023
0.pril 30, 2024 Task 4b: Using the NACCHOprovided template, submit an interim
version of the pro}ect implemmWtion plan, including a project nanative,
that shows progress toward goals and/or objectives and activities
through February 2024 S
Apnf 30, 2024 Task 4c: Using the NACCHO-provided template, submit an intenm
version of the project implementation plan, including a project narrative,
that shows progress toward goals and/or objectives and activities
through April 2024 5
lune 30, 2024 Task 4d: Using the NACCHO-provided template, submit a final version ot
the project implementation plan, includi� a project nartaDve, that 5
shows progress toward goals and/or objectives and activi[ies through
June 30, 2024
luroe 30, 2024
Task Sa: Attendance and participation in at $
�east 8096 of month communi of practice calls and/or check-in polEs
June 30, 2024 Task Sb: NACCHO UacWng document showing completion of the post-
assessment survey and praject close activities S
June 30, 2024 Task Sc: NACCHO tracking daument showing completion of the end-of-
projed report S
and/or participation in an interview to share chailenges and lessons
June 30, 2024 Task Sd: NACCHO Vacking documeM showing completion ot at least one
communlcations praduct to share lessons leamed and best praceces 5
June 30, 2024 Task Se: Submit at least 3 posts or responses on the BUILD HAIAR Virtual S
Community Page
lune 30, 2024 Task A: Develop an implementaUon plan and provide daumenUtion of
coordination to advance accreditaUan efforts through the Public HealUi
Accreditation Board �PHAB) using HAI/AR program activities to fuHill
accrediWtlon objectives and strengthen trosscutting health department s
performance improvement effortt
June 30, 2024 Task 8: Summary report of the LHD role in a decolonizadon strotegy
(mplementaiion in long•term wre facilities. $
Total of Sunolemental Adivities !
1,000.00
2,500.00
10,000.00 $
8,500.00
8,500.00 S
8,500.00
8,500.00
2.000.00
2,500.00
5,000.00
5
2,000.00
1,000.00
10,000.fl6
10,000.Ei0
22,000.00
17,000.00
41,000.00
Contract # 2023-112007 Page 10