HomeMy WebLinkAboutResolution - 2000-R0310 - CO To Contract - TDOH - Regional/Local Health Operations, Inovation Grant - 09/13/2000Resolution No. 2000-RO310
September 13, 2000
Item, No. 27
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Regional/Local Health
Operations (Innovation Grant) between City and the Texas Department of Health,
including Change No. 02, (TDH Document #7560005906 2001), a copy of which
Contract, including Change No. 02, is attached hereto and any associated documents,
which Contract shall be spread upon the minutes of this Council and as spread upon the
minutes of this Council shall constitute and be a part hereof as if fully copied herein in
detail.
Passed by the City Council this 13th day of September '2000.
WINDY SIT N, MAYOR
City Secretary
TO CONTENT:
Tommy C,*den, Health Department Director
APPROVED AS TO FORM:
D'?6ald G. Vandiver, First As is Stant City
Attorney
DDres/TDHgrant.res. con
August 31, 2000
STATE OF TEXAS
COUNTY OF TRAVIS
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
Resolution No. 2000—RO310
CONTRACT CHANGE NOTICE NO. 42
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with
LUBBOCK CITY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire
to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:.
ATT. NO. 07: REGIONAL/LOCAL HEALTH OPERATIONS
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
f 01M.—Too. r
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
LUBBOCK CITY HEALTH EPARTMENT
By:
(Signature of rson authorized to sign contracts)
Sittat, t`
(Name and Title)
Date: September 13, 2000
RECOMMENDED:
By:
(PERFORMING AG Y Director, if different
from person authorized to sign contract)
nLl ai + 1:•r
h� l oil -
RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By:
(Signa=9114 person authorized to sign contracts)
Sidney P. Shelton, Chief
Bureau of Financial Services
(Name and Title)
Date:
Cover Page 1
BN GMD - Rev. 3199
00 AU"0 18 1 j P.;
GRA14TS MANAGEMENT DIV
DETAILS OF ATTACHMENTS
Att/
Amd
No.
TDH
Program/
ID
Term
Financial Assistance
Direct
Assistance
Total Amount
(TDH Share)
Begin
End
Source of
Funds*
Amount
01
HIV/PREV
01/01/00
12/31/00
93.940
45,000.00
0.00
45,000.00
02
TB/PC
09/01/00
08/31/01
State
19,998.00
0.00
19,998.00
03
IMM/LOCALS
09/01/00
08/31/01
State
107,153.00
0.00
107,153.00
04
ACCHRD/POP
09/01/00
08/31/01
State
115,687.00
0.00
115,687.00
05
BRLHO
09/01/00
08/31/01
State 93.991
94,118.00
25,642.00
119,760.00
06
HIV/SURV
09/01/00
08/31/01
State
46,713.00
0.00
46,713.00
07
BRLHO/INNOV
07/01/00
08/31/01
State
222,014.00
0.00
222,014.00
TDH Document No.7560005906 2001 Totals
Chane No. 02
$650,683.00
$25,642.00
$676,325.00
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS
TABLE OF CONTENTS
(LGL) 2000 GENERAL PROVISIONS 4199
Any alteration to this document constitutes a rnunrrr-nfLe_r and must be approved in writing by the Texas Department of Ilealth.
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS
ARTICLE 1. Preamble
PERFORMING AGENCY and RECEIVING AGENCY (the parties) hereby agree to make and enter into this grant
contract (contract), to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms
and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of
Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work,
Special Provisions, budget(s), and exhibit(s) as applicable. This contract represents the complete and entire
understanding and agreement of the parties. No prior agreement or understanding, oral or otherwise, of the parties
or their agents will be valid or enforceable unless embodied in this contract.
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee
that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of
PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,
performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions
are revised or replaced during the term of this contract, and PERFORMING AGENCY does not consent to comply
with the modified General Provisions, PERFORMING AGENCY may exercise its termination options in
accordance with the General Provisions, Termination Article.
ARTICLE 2. Terre
The time period of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract
funds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or
shortened by amendment(s).
ARTICLE 3. undines
This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment.
PERFORMING AGENCY will have no right of action against the State of Texas or RECEIVING AGENCY in the
event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of
sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable,
provisions of the Termination Article will apply.
ARTICLE 4. Amendments
This contract may be amended only if the amendment is in writing and signed by individuals with authority to bind
all parties.
PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the performance of
different or additional services, work, or products except pursuant to an amendment of this contract that is executed
(LGS) 2000 GENERAL PROVISIONS Page 1 4199
in compliance with this Article. RECEIVING AGENCY may not waive any teras, covenant, or condition of this
contract unless by amendment executed in compliance with this Articic.
PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are
executed no later than 90 days prior to the expiration of the Attachment term.. PERFORMING AGENCY shall
provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment is
requested during the last quarter of the Attachment term, the written justification must include a reason for the
delay.
ARTICLE 5. ArrilicahIs Laws and . tan
This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state
rulcs. Where applicable, federal 5tat=S and regulation:, including federal grant requirements applicable to
funding sources, will apply to this contract.
The Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Chapter 783, Vernon's
Texas Codes Annotated (VTCA), and the Uniform Grant Management Standards (UGMS) as amended by revised
federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and
conditions of this contract and are adopted by reference in their entirety. If a conflict arises between the provisions
of this contract and the provisions of UGCMA and UGMS, the provisions of UGCMA and UGMS will prevail
unless expressly stated otherwise.
RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in
"Part III -State Uniform Requirements for Grants and Cooperative Agreement, Subpart C -Post -Award
Requirements, item - .30 -Changes" and applicable federal Office of Management and Budget (OMB) circulars.
RECEIVING AGENCY will provide copies of applicable OMB circulars and UGMS to PERFORMING AGENCY
upon request. These documents are incorporated by reference as a condition of this contract.
PERFORMING AGENCY may not use funds granted 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 grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC
§ 1352 and UGMS). If at any time this contract exceeds $100,000, regardless of funding source, PERFORMING
AGENCY shall file with RECEIVrNG AGENCY a declaration containing the name of any registrant under the
Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in
connection with that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY
have been or will be used for payment to lobbyists and shall disclosure of the names of any and all registered
lobbyists with whom PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any
person who receives a subgrant or subcontract to file the seine declaration, certification and disclosure with
RECEIVING AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the
time of application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY
previously !:sled 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. RECEIVING AGENCY will supply the certification
form to PERFORMING AGENCY upon request.
(LG 2CCO GENERAL PROVISIONS Page 2 4/99
ARTICLE 6. Jeharment and Suspension
PERFORMING AGENCY certifies by execution of this contract to the following:
► it is not ineligible for participation in federal or state assistance programs under Executive Order
12549, Debarment and Suspension;
► neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency;
it has not knowingly failed to pay a'single substantial debt or a number of outstanding debts to a
federal or state agency; and
► it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for
collection of the balance of a debt.
Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a
subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549.
ARTICLE 7. Assurances
PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to -
fully comply with the following:
► Title V1 of the Civil Rights Act of 1964, 42 USC §§2000d et seq. (P.L. 88-352), which prohibits
discrimination on the basis of race, color or national origin, and includes the provision for effective
communication and equal access to programs, services and activities to persons with Limited
English Proficiency (LEP);
= Title IX of the Education Amendments of 1972, as amended, 20 USC §§1681-1683, and 1685-1686,
which prohibits discrimination on the basis of sex;
Section 504 of the Rehabilitation Act of 1973,29 USC §794(a), which prohibits discrimination on
the basis of disabilities and the Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.,
including the provision for effective communication and equal access to programs, services and
activities to persons with sensory and speech impairments;
► The Age Discrimination Act of 1975, as amended, 42 USC §§6101-6107, which prohibits
discrimination on the basis of age;
The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
► The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse
or alcoholism;
► Public Health Service Act of 1912, §§523 and 527, 42 USC §290 dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
(LGS) 2000 GENERAL PROVISIONS Page 3 4/99
► Title VIII of the Civil Rights Act of 1968, 42 USC §§3601 et seq., as amended, relating to
nondiscrimination in the sale, rental or financing of housing; and,
The requirements of any other nondiscrimination statute(s).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY shall carry out the terms
of this contract in a manner which will assist. RECEIVING AGENCY in complying with such obligations to the
fullest extent of PERFORMING AGENCY's ability.
PERFORMING AGENCY agrees to comply with all or part of the following, as applicable:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the
basis of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC §§1324a et seq., as amended, regarding
employment verification and retention of verification forms for any individual(s) hired on or after
November 6, 1986, who will perform any labor or services under this contract.
C. Pro --Children Act of 1994,20 USC §§6081-6084, regarding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D. The National Research Service Award Act of 1971, as amended, 42 USC §§288 et seq. and 6601 (P.L.
93-34$ and P.L. 10343) regarding the protection of human subjects involved in research, development,
and related activities supported by any applicable award of federal assistance.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263x, which establish federal
requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 56 Fed.
Req. 64175 (1991), 29 CFR § 1910.1030, which set safety standards for those worlikers and facilities who
may handle blood borne pathogens.
G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seg. (P.L. 89-544), as amended, pertaining
to the care, handling. and treatment of warm-blooded animals held for research, teaching, or other
activities supported by this award of assistance.
H. Article 9102, Texas Revised Civil Statutes (TRCS), as amended, pertaining to standards which
eliminate architectural barriers for persons with disabilities.
I. Health and Safety Code §165.004 (Vernon's Supp. 1993), relating to the promotion of breast-feeding
by providing infornmdon that encourages breast-feeding to program participants who are pregnant
women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY
by calling (512) 406-0744.
J_ 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 (F.L. 91-90) and Executive Order 11514 "Protection and
Enhancement of Environmental Quality"
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990.
(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11938.
(5) Assurance of project consistency with die approved Stare Management program, developed under
the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.
(6) Conformity of federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 er seq.
(L GS) 20QA GENERAL PROVISIONS Page 4 4/99
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended, 42 USC §§300f -300j (P.L. 93-523).
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
K. The Hatch Political Activity Act, 5 USC §§732I-29, which limits the political activity of employees
whose principal employment activities are funded in whole or in part with federal funds.
L. The Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable,
concerning minimum wage and maximum hours.
M. General Appropriations Act" Regular Session, 75th Legislature, 1997, Article IX, §33 "Limitation on
Grants to Units of Local Government." For the purpose of §33, "unit of local government" shall mean
a council of governments, a regional planning commission, or a similar regional planning agency created
under Chapter 391, Local Government Code; a Local Workforce Development Board; or an MHI4-fR
community center.
N. Texas Government Code, Chapter 573, Vernon's 1994, relating to nepotism_
O. Texas Government Code, Chapter 552, Vernon's 1994, relating to open records and public information.
P. Texas Government Code, Chapter 551, Vernon's 1994, relating to open meetings.
Q. Texas Government Code, Chapter 415, and all rules adopted by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code,
relating to regulated law enforcement agencies.
PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA (Executive Order 11738).
PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234). Section 102 (a) requires the purchase of flood insurance in
communities where the insurance is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by the Secretary of the U. S.
Department of Housing and Urban Development as an area having special flood hazards.
PERFORMING AGENCY shall comply with the requirements of the Texas 'Workers' Compensation Act, Labor
Code, Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code
(TAC), Chapter 41, et seq., which cover compensation for employees' injuries.
When incorporated into a contract, standard assurances contained in the application package, if any, become terms
or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients shall
maintain an appropriate contract administration system to ensure that all terms, conditions" and specifications are
met.
PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required
state and federal tax forms.
PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive
orders, regulations and policies governing the activity described in Attachment(s), and with the applicable standard
conditions or assurances prescribed by UGMS in "Part III -State Uniform Requirements for Grants and Cooperative
Agreement, Subpart B -Pre-Award Requirements, �. I4 -State Assurances."
(L GS) 2000 GENERAL PROVISIONS Page 5 4/99
pSRFOF,Mv NG AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLES. Tritellectual J!ropeLty
Texas Health and Safety Codc § 12.420(a), VTCA, authorizes RECEIVING AGENCY to apply for, register, secure,
hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or for
intellectual property.
"Intellectual property" consists of inventions; discoveries; improvements to any process, machine, manufacture,
or composition of matter; products; technology; scientific information; trade secrets; computer software; literary
works; musical works with any accompanying words; dramatic works with any accompanying music; pantomimes
and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works;
sound recordings; architectural works; words, names, symbols, devices, slogans or any combination thereof which
have been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from
those of others; and any other creative works if they may be protected by a patent, copyright, trademark, service
mark, collective mark, or certification mark or other evidence of protection or exclusivity whether or not protection
or exclusivity has been applied for or received.
"Mark," for purposes of trademark and service mark, includes a word, name, symbol, device, slogan or any
combination thereof which has been adopted and used by RECEIVING AGENCY to identify goods and/or services
and distinguish them from those of others. Federal trademark law also provides for collective marks and
certification marks.
"Patent" protects any new and useful process, machine, manufacture, or composition of matter, or any new and
useful improvement.
"Work made for hire" is a work prepared by an employee within the scope of his or her employment; or a work
specially ordered or commissioned for use as a contribution to as collective work, as a part of a motion picture or
other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a
test, as answer material for a test, or as an atlas, and the parties expressly agree in a written instrument signed by
them that the work shall be considered a work made for hire.
The terra "works," for purposes of federal copyright law, includes software; literary works; musical works with any
accompanying words; dramatic worlds with any accompanying music; pantomimes and choreographic works;
pictorial, graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings and
architectural works.
All work performed that results in the production of original books, manuals, films, or other original material is
the exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said property shall vest in
RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work :rade for hire" for
copyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that title
to any such work may not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered
a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
AGENCY. F.ECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
as may be appropriate to the subject matter, and any extensions and renewals thereof. t ERFQP—MING AGENCY
(LGS) 2CC� GENERAL PROVISIONS Pace 6 4/99
shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY
from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVINIG
AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
RECEIVING AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or
expense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
If federal funds are used to finance activities supported by the contract Attachment(s) that result in the production
of original books, manuals, films, or other original material, the federal awarding agency reserves a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government purposes (1) the copyright in any work developed under a grant, subgrafit, or contract under
a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
support and, if feasible, on any publication reporting the results of or describing a grant -supported activity. An
acknowledgment shall be to the effect that "This publication was made possible by grant number
from (federal awarding 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- as enG )."
In the event the terms of a federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY
reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
purposes (1) the copyright, trade mark, service mark, and 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 grant support.
PERFORMING AGENCY may publish the results of the contract performance if those results are subject to
copyright law at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will
not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval, PERFORMING AGENCY
may still publish the results of the contract performance but shall not reference the Texas Department of Health
in any manner. If RECEIVING AGENCY approves and owns the copyright, any publication should include "Q
Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
If PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
received from RECEIVING AGENCY. At least six copies of any such publication must be provided to
RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the
initial review.
PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 9. Historically Underutilized Businesses
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC Hl 11.11-
] 11.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
(HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
materials, or equipment," services, or public works.
(LGS) 2000 GENERAL PROVISIONS Page 7 4199
If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBs during the performance of its contract Attachments) with RECEIVING
AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY.
PERFORMING AGENCY and its subrecipient(s), if any, are encouraged to use minority banks to bank which is
owned at least 50 percent by minority group members).
ARTICLE 10. Ce][tirigntion R aardi o Licen sg&e rti ri cite, or Pcrmit
RECEIVING AGENCY may pay PERFORMING'AGENCY only for personnel who are duly licensed and/or
qualified to perform required services.
PERFORMING AGENCY certifies that no owner, operator, or administrator of PERFORMING AGENCY has
had a license, certificate, or permit revoked by any of the Texas state agencies listed below:
• Adjutant General's Department
• Board of Private Investigators and Private Security Agencies
• Interagency Council on Early Childhood Intervention
• Texas Alcoholic Beverage Commission
• Texas Cancer Council
• Texas Children .'s Trust Fund of Texas Council
• Texas Commission for the Deaf and Hard of Hearing
• Texas Commission on Alcohol and Drug Abuse
• Texas Commission on Jail Standards
• Texas Commission on Law Enforcement Officers Standards & Education
• Texas Commission on Fire Protection
• Texas Council on Sex Offender Treatment
• Texas Criminal Justice Policy Council
• Texas Department of Criminal Justice
• Texas Department of Human Services
• Texas Department of Mental Health & Mental Retardation
• Texas Department of Protective and Regulatory Services
• Texas Department of Public Safety
• Texas Department of Health
• Texas Health & Human Services Commission
• Texas National Guard Armory Board
• Texas Polygraph Examiners Board
Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE II. Conflict Qf Intere.-;t
PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any
manner with the performance of its obligations under this contract. Potential conflicts of interest include an
existing business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or
subrecipient with RECEIVING AGENCY, its board members, officers or employees, or any other entity or person
involved in any way in any project that is the subject of this contract.
(LGS) 2CC0 GENERAL PROVISIONS Page 8 4/99
ARTICLE 12. Year -2000 Certification
PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements
will be year -2004 -compliant on or before the date such hardware, software, firmware and systems are to be
impacted. Year -2000 -compliant means that such product operates "accurately" in the manner in which it was
intended as it relates to date related operations when given a "valid date" containing century, year, month, and
day.
For purposes of this Article, "supplied or supported software, hardware, firmware and micro code products" does
not include software supported by RECEMNG AGENCY or an agency of the federal government.
PERFORMING AGENCY is responsible for installing and implementing year -2000 -compliant versions of any
software provided by RECEIVING AGENCY or an agency of the federal government which is used in
performance of this contract.
For purposes of this Article,
1) "accurately" is defined to include the following:
a) calculations must be correctly performed using four -digit year processing;
b) functionality-on-Iine, batch including entry, inquiry, maintenance and updates must support four -digit
year processing;
c) interfaces and reports must support four -digit year processing;
d) successful translation into year -2000 with the correct system date (e.g., 01/0112000) must occur
without human intervention;
e) processing with a four -digit year after transition to any date beyond the year 2000 must occur without
human intervention;
f) correct results in forward and backward date calculation spanning century boundaries must be
provided;
g) correct leap year calculations must be performed; and
h) processing correct results in forward and backward date calculation spanning century boundaries
must occur, including the conversion of previous years currently stored as two digits;
2) "date integrity" shall mean all manipulations of time -related data (dates, durations, days of week, etc.)
will produce desired results for all valid date values within the appIication domain;
3) "explicit century" shall mean date elements in interfaces and data storage permit specifying century to
eliminate date ambiguity;
4) "extraordinary actions" shall be defined to mean any action outside the normal documented processing
steps identified in the product's reference documentation;
5) "general integrity" shall mean no value for current date will cause interruptions in desired operation -
especially from the 20th to 21st centuries;
6) "implicit century" shall mean for any data element without century, the correct century is unambiguous
for all manipulations involving that document;
(LGS) 2000 GENERAL PROVISIONS Page 9 4199
7) "product" or "products" shall be defined to Include, but is not limited to, any supplied or supported
hardware, software, firmware and/or micro code.
g) ~valid date" shall contain a two -digit month, a two -digit day and a four -digit year.
PERFORMING AGENCY and its subrecipiew(s) must obtain a warranty from any vendorflicensor from which
it obtains product(s) that product(s) delivered and installed under the contract/ license shall be able to accurately
process valid date data when used in accordance with the product documentation provided by the contractor/
licensor and require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its
subrecipient(s). Products under the contr~rct/license possess general integrity, date integrity, explicit and implicit
century capabilities. If the concact/Iicerise requires that specific products must perform as a system in accordance
with the foregoing warranty, then the warranty shall apply to those listed products as a system. The duration of
this warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the
warranty shall be defined in, and subject to, the terms and conditions of the contractor's standard commercial
warranty or warranties contained in the contract/license; provided, that notwithstanding any provision to the
contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its
subrecipient(s) shall include repair or replacement of any supplied product whose noncompliance is discovered
and made known to the contractor/licensor in writing within ninety (90) days after final acceptance. Nothing in
the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s)
may otherwise have funder the contract/license with respect to defects other than Year -2000 performance.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY's product/sofrware from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 13. Standards for Financial and Programmatic Maniggement
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative
Procedures Manual. Those requirements shall include at a minimum;
A. Financial planning,'including the development of budgets that adequately reflect all functions and
resources necessary to carry out authorized activities and the adequate determination of costs;
B. Financial management systems including accurate, correct, and complete payroll, accounting, and
financial reporting records; cost source documentation; effective internal and budgetary controls;
determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate
audits and resolution of any findings; and,
C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing, and malting reasonable
efforts to collect from patients and third parties.
PERFORMING AGENCY must bill all third party payers for services provided under the Attachment(s) before
submitting any request for reimbursement to RECEIVING AGENCY. A third parry payer is any person or entity
who has the legal responsibility for paying all or part of the services provided, including commercial health or
liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. 'Third party
billing functions will be provid: d by PERFORMING AGENCY at no cost to the client. PERFORMING
t'LG5} 2GC0 GENERAL PROVISIONS Page 10 4i99
AGENCY or its subrecipient must become a Medicaid provider if performing approved Texas Medicaid services
authorized by the Attachment(s).
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received
from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
ARTICLE 14. Dondina
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: 1)
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either
individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her
position or employment.
ARTICLE 15. Funain Participation Requirement
PERFORMfNG AGENCY agrees funds provided through this contract will not be used for matching purposes in
securing other funding unless otherwise directed or approved by RECEIVING AGENCY.
ARTICLE 16. Allowable Costs and Audit Re�c uirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are
eligible for reimbursement under this contract.' Applicable cost principles, audit requirements, and administrative
requirements are as follows:
Applicable Cost Principles* Audit Requirements*I Administrative
Requirements*
OMB Circular A-87, State & OMB Circular A-133 I UGMS
Local Governments
• OMB Circulars small be applied with the modifications prescribed by UGMS.
PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for
reimbursement under this contract. PERFORMING AGENCY must incur cost(s) prior to requesting
reimbursement under this contract. No later than 90 days after the end of the applicable Attachment term,
RECEIVING AGENCY must receive vouchers from PERFORMING AGENCY for costs encumbered by the last
day of the applicable Attachment term. Reimbursement requests submitted and postmarked more than 90 days
following the end of the applicable Attachment term may or may not be reimbursed, at the discretion of
RECEIVING AGENCY.
(LGS) 2000 GENERAL PROVISIONS Page 11 4/99
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGMS. The audit shall be of
PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit must be
conducted by an independent certified public accountant and in accordance with applicable OMB Circulars,
Goverainent Auditing Standard3, and UGMS. PERFOWlNG AGENCY slisil prncure audit services in
compliance with state procurement procedures, as well as with the provisions of UGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVaNG AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division.
ARTICLE 17. Terms And Conditions o Eavment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not
exceed the total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service, work,
and/or product has been satisfactorily performed and authorized in accordance with this contract.
PERFORML ING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher (TDH
Form B-13) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit
vouchers for reimbursement monthly within 30 days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final close-out bill not later than 90 days
following the end of the applicable Attachment term(s). Reimbursement requests submitted and postmarked more
than 90 days following the end of dze applicable Attachment term may not be paid, at the discretion of RECEIVING
AGENCY.
For any contract Attachment(s) beginning on or after September'l, 1999, PERFORMING AGENCY shall disburse
program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds before
requesting cash payments including advance payments from RECEIVING AGENCY.
RECEIVING AGENCY is required to place PERFORMING AGENCY on Direct Deposit status in accordance with
Texas Government Code, §403.016(c), VTCA. PERFORMING AGENCY will no longer receive copies of
vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY sltail maintain its current level of support, if possible_
RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are a]lowable and
reimbursable. If RECEIVING AGENCY has paid funds to PERFORIviING AGENCY for unallowable or ineligible
costs, PERFORI! fNG AGENCY shall return the funds to RECEIVING AGENCY within 30 days of written notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFMNIING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
(LG -5) GENERAL PROVISIONS Paz: 12 4/99
AGENCY. RECEIVING AGENCY may take repayment from funds available under any contract Attachment,
active or expired, in amounts necessary to fulfill PERFORMING AGENCY repayment obligations.
ARTICLE 18. Advance Payments
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY must make the request on a State of Texas Purchase Voucher,
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY's
Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable
Attachment period or at a later time in the applicable Attachment pefiod if circumstances so warrant. Approval
of the request for advance will be at the discretion of RECEIVING AGENCY. If the request is approved, the
voucher will be processed; if disapproved, RECEIVING AGENCY will provide 'ATitten notification to
PERFORMING AGENCY.
RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed an amount equal to the amount
of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance
funds will be expended during the applicable Attachment term so that, after the final monthly billing,
PERFORMING AGENCY will not have advance funds on hand.
If the Attachment is amended to increase or decrease the total amount, RECEIVING AGENCY may make an
upward or downward adjustment to the allowable advance in accordance with the above formula. . If
PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY must submit a written
justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment
is downward, RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of
repayment.
ARTICLE 19. Program Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee -far -service system and a
schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D, Health
and Safety Code, VTCA; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC
§ 1.91; and other applicable laws. No patient may be denied a service due to inability to pay.
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the tern of the Attachment(s) are considered program income. PERFORMING AGENCY
shall identify and report this income utilizing the forms and time frames specified in the Reports Article of these
provisions.
PERFORMING AGENCY shall utilize one of the following methods for applying program income:
Additive method - add the program income to the funds already committed to the project by both
parties. Program income will be used by PERFORMING AGENCY to further the program
objectives of the state/federal statute under which the Attachment(s) was/were made, and it shall
be spent on the same project in which it was generated.
Deductive method - deduct the prograrn income from the total allowable costs to determine the net
allowable costs.
(LGS) 2000 GENERAL PROVISIONS Page 13 4/99
gERFC?RMING AGENCY must expend program income during the Attachment term in which it is earned, 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 RECEIVING AGENCY.
RECEIVING AGENCY may base future funding levels. in part, upon PERFORMING AGENCY's proficiency in
identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
of the applicable Artachment(s).
ARTICLE 20. Ovcrtime foMpensatton
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay
due employces. Premium overtime pay is defined as any compensation paid to an individual in addition to the
normal rate of pay for hours worked in excess of normal working hours.
ARTICLE 21. Equipment and Su l flies
In accordance with Health & Safety Code, § 12.053, VTCA, title to all equipment and supplies purchased from
funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s)
or until the Attachment is terminated.
Equipment is defined as tangible nonexpendable property with an acquisition cost of more than 51,000 and a useful
life of more than one year, with die following exceptions: fax machines, stereo systems, cameras, video
recorderlp layers, microcomputers, software, medical equipment, laboratory equipment, and printers. If the unit
cost of these exception items is more than 5500, they will still be considered equipment, must be approved for
purchase, and are considered capital assets for inventory purposes. Medical and laboratory equipment in this
category is defined as microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory
equipment not included in these five categories is not considered a capital asset finless the unit value is more than
$1,000. Supplies which may be necessary to carry out the contract include medical supplies, drugs, janitorial
supplies, office supplies, patient educational supplies, software less than $500, plus any equipment with a purchase
price including freight not to exceed. $1,000 per item, except those defined as "equipment."
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any changes to approved equipment purchases meeting the above equipment definition. To receive
approval to purchase data processing hardware and software or enhancements, PERFORIv1ING AGENCY must
submit a derailed justification and specification which include a description of features, make and model, and cost,
etc.
PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TDH Form
GC-1 1) to RECEIVING AGENCY no later than October 15th of each year, PERFORMING AGENCY shall
administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full
availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said assets.
Upon termination or expiration of applicable Artachment(s), title to any remaining equipment and supplies
purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other
(L (31 X00 GENE.IZAI. PROVISIONS Page 14 4199
party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed
by law, transfer the reversionary interest to such property to PERFORMING AGENCY.
ARTICLE 22. Contracts R'ith Subrecipients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance
of any subrecipient.
Contracts with subrecipients shall be' in writing and must include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• clearly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable contract Attachment(s)
or cover a term within the beginning and ending dates of the applicable contract Attachment(s);
• access to inspect the work and the premises on which any of the work is performed, in accordance
with the Inspections Article contained in this contract; and
• alI clauses required by state/federal statutes, executive orders, and their implementing regulations.
PERFORMING AGENCY ams that all contracts with subrecipients containing a categorical budget shall include
audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
Prior to entering into an agreement equaling $25,000 or 25% of an Attachment, whichever is greater,
PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
• subrecipients are fully aware of the requirements imposed upon them by state/federal statutes and
regulations;
• subrecipients comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulars;
• subrecipients complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 23. Contracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontracted activity.
Contracts for procurement shall be in writing and must contain the following provisions:
(L GS) 2000 GENERAL PROVISIONS Page 15 4199
• Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate (contracts
other than small purchases).
• Termination for cause and for convenience by PERFORMING AGENCY including the manner
by Which it will be effected and the basis for settlement (all contracts in excess of S 10,000).
• Compliance with the Copeland "Anti -Kickback" Act (18 USC §874) as supplemented in
Department of Labor regulations (29 CFR Part 3) (all contracts and subgrants for construction
or repair).
• Compliance with §§103 and 107 of the Contract Work flours and Safety Standards Act (40
USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5)
(construction contracts awarded by grantees and subgrantees in excess of 52,000, and in excess
of 52,500 for other contracts which involve the employment of mechanics or laborers).
• Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting.
• Notice of RECEIVING AGENCY requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or under such
contract.
• RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in
data.
Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the
United States, the State of Texas or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
• retention of all required records for t,`uee years after RECEIVING AGENCY make final
payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under §305 of the
Clean Air Act (42 USC §1857(h)), §508 of the Clean Water Act (33 USC § 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts,
subcontracts, and subgrants of amounts in excess of 5100,000).
• Mandatory standards and policies relating to efficiency which are contained in the state energy
Plan issued in compliance with the Energy Policy and Conservation Act (P. L_ 94-163).
ARTICLE 24. orts
Financial reports are required as provided in UGIMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
For each Attachment, PERFORMING AGENCY shall submit a Financial Status Report, State of 'Texas
Supplemental Form 269a (TDH Form GC --4a) within 30 days following the end of each of the first three quarters.
PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269a (IDH
Form GC -4a), not later than 90 days following the end of the Attachment term(s). PERFORMING AGENCY shall
submit a State of Texas Purchase Voucher if all costs have not been recovered, or PERFO&MING AGENCY shall
refund excess monies if costs incurred were less than funds received. Failure to file a purchase voucher in a timely
manner may result in RirCEIVING AGENCY disallowing payment.
PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
AGENCY in the format agreed to by the parties. PERFORM G AGENCY shall provide RECEIVING AGENCY
other reports including financial reports RECEIVING AGENCY determines to be necessary to accomplish the
(LOS) 2CCO GENERAL PROVISIONS Pagr 16 4199
objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall
immediately notify RECEIVING AGENCY.
ARTICLE 25. Inspections
RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews
of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its
subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and
its subrecipient(s) shall participate in inspections and provide reasonable access, Tacilities,*and assistance to the
representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere
with the work.
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the
right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of
RECEIVING AGENCY to recover excessive or illegal payments.
Any deficiencies identified by RECEIVING`; AGENCY upon examination of PERFORMING AGENCY's records
will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will
also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's
findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the
findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the
deficiencies are properly remedied.
ARTICLE 26. Records Retention
PERFORMING AGENCY shall retain, preserve and make available all required records for a period of three years
from the date of the last expenditure report submitted under contract Attachment(s) or until all audit questions are
resolved, or until any court orders requiring record retention are dissolved, whichever time period is longer.
Microfilm copies of records required to be kept under the Attachment(s) may be substituted for the originals in
accordance with guidelines and procedures approved by RECEIVING AGENCY, provided that the microfilm
procedures are reliable and are supported by an adequate retrieval system, unless otherwise ordered by a court of
general jurisdiction.
ARTICLE 27. Client Records
Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY
shall share all patient information with RECEIVING AGENCY when the contract involves patient care by the
PERFORMING AGENCY.
RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client or patient
record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the
confidentiality of the record or the health and welfare of the client or patient.
(LGS) 2000 GENERAL PROVISIONS Page 17 4199
In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as
authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue
the service or to RECEIVING AGENCY.
At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the
records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may
arise, to the extent authorized by law.
PERFORMING .AGENCY, or any subrecipient, shall not otherwise transfer an identifiable cliert record, including
a patient record, to another entity or person without written consent from the client or patient, or someone
authorized to act on his or her behalf. Written consent must be given on a form provided by RECEIVING
AGENCY or as otherwise authorized by law, including the Texas Medical Practice Act, Article 4495b, TRCS.
ARTICLE ZS. Confidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents
deemed confidential by law which are maintained in connection with the activities funded under this contract.
PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, including
information required by the Reports Article, except in accurdwi" with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY's workplace policies based on the model guidelines, and PERFORMNG AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (I-iIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §§85.112-114,
VTCA.
ARTICLE 29. Sanctions
RECEIVING AGENCY may impose sanctions for any breach of contract, and will ntonitor PERFORMING
AGENCY for both programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion,
impose one or more sanctions for each item of noncompliance and will detennine sanctions on a case-by-case basis.
A state or federal statute, Nle, regulation, or federal guideline will prevail over the provisions of this Article unless
The statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to
both.
RECEIVING AGENCY may:
A. terminate all or a part of the contract. Termination is the permanent withdrawal of PERFORTvfING
AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire
or the voluntary relinquishment by PERFORMING AGENCY to obligate previously awarded funds.
PERFORMNG AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after
termination of an award are not allowable unless expressly authorized by the notice of termination.
Termination does not include: (1) withdrawal of funds awarded on the basis of PERFOR.VlING
AGENCY's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobliaated
balance as of the expiration of a contract; (3) refusal to extend a contract or award additional funds, to
make a 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 otherwiii:
illegal or invalid from inception,
(LGS) 2Cv0 GENERAL PROVISIONS Page 18 41'99
B. suspend all or part of the contract_ Suspension is, depending on the context, either (1) the temporary
withdrawal of PERFORMING AGENCY's authority to obligate funds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the contract,
or (2) an action taken by a suspending official in accordance with agency regulations implementing
Executive Order 12549 to immediately exclude a person from participating in contract transactions for
a period, pending completion of an investigation and such legal or debarment proceedings as may ensue.
PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY
during a suspension are not allowable unless expressly authorized by the notice of suspension;
C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for
proper charges or obligations incurred, pending resolution of issues of noncompliance with contract
conditions or indebtedness to the United States or to the State of Texas;
E. permanently withhold cash payments. Permanently withholding of cash payment means that
RECEIVING AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a)
unallowable, undocumented, disputed, inaccurate, improper, or erroneous claims; b) failure to comply
with contract provisions; or c) indebtedness to the United States or to the State of Texas;
F. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
G. delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are
pending resolution;
H. place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be
placed on accelerated monitoring for a period not to exceed six months at which time items of
noncompliance must be resolved or substantial improvement shown by PERFORMING AGENCY;
I. conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would
routinely be accomplished;
J. require PERFORMING AGENCY to obtain technical or managerial assistance;
K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. establish additional prior approvals for expenditure of funds by PERFORMING AGENCY;
M. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N. demand repayment from PERFORMING AGENCY;
(LG.S) 2000 GENERAL PROVISIONS Page 19 4199
Q, reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the award, or to provide services
as set out in the contract; and
P, impose other remedies provided by law.
RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed
(with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s),
the reasons for imposing them, the corrective actions which must be taken before they will be removed and the time
allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions
unposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to
RECEIVING AGENCY's proararr►ldivision that sent the notice, acknowledging receipt of such notice and stating
how PERFORIM NG AGENCY will correct the noncompliance or demonstrating in writing that the findings on
which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCY
determines that a sanction is warranted, and unless the sanction is subject to review (se- Sanction Review Article)
RECEIVING AGENCY's decision is final and PERFORMING AGENCY must take corrective action.
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the
reason for the emergency action.
An "emergency" is defined as the following:
• PERFORMENG AGENCY is noncompliant and the noncompliance has a direct adverse impact on
the public or client health or safety. The direct adverse impact may be programmatic or financial,
impacting health or safety by failing, to provide services, providing inadequate services, providin;
unnecessary services, or utilizing resources so that the public or clients do not receive the benefits
contemplated by the contract scope of work or performance measures;
• PERFORMING AGENCY fails to achieve a performance measure;
• PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are
not in accordance with applicable federal or state laws and regulations or the provisions of the
contract; or
• PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY's conduct or inaction is an emergency shall be determined by RECEIVING
AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 30. San tion Review
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all
or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and denial
of contract renewal or future contract awards.
PERFORPNIING AGENCY rnust make the request for rk view in writing to RECEIVING AGENCY within fifteyn
(15) days from the date of notification by providing written notice of the dispute to the person who signed the
notification.
(LGS) 2COO GENERAL PROVISIOM Pane 20 4/99
PERFORMING AGENCY's notice shall contain the following: (1) a copy of the letter from RECEIVING
AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the
basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an
identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any
documentation in support of PERFORMING AGENCY's position; and (7) a statement and authorities in support
of PERFORMING AGENCY's position.
Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following
documents: (l) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or (3)
signed acknowledgment of delivery.
RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the
issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If
the dispute is not resolved, RECEIVING AGENCY's representative will notify PERFORMING AGENCY in
writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or
require additionaI information and who may grant, deny, or modify all relief requested in the written notice of
dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision
and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable
means. The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of
further proceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article
unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article
to give effect to both.
ARTICLE 31. Breach of Contract
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
ARTICLE 32. Vermination
Each Attachment shall terminate upon the expiration date of the Attachment unless extended by written amendment
in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract
may be terminated with or without cause as set out below.
A. Termination without cause.
(1) Either party may terminate this contract with at least 90 days prior written notice to the other
Ply
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least 30 days prior written notice to the other party
in the event state and/or federal funding for this contract is terminated, limited, suspended, or
withdrawn.
(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of
RECEIVING AGENCY, termination is in the best interest of the State of Texas.
(LGS) 2000 GENERAL PROVISIONS Page 21 4/99
B. Termination for cause.
(1) Either party may terminate for material breach of contract with at least 30 days written notice to
the other party.
(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or
for risky conduct by giving at least 30 days written notice to PERFORMING AGENCY. "Risky
conduct" tnay include one or more of the following:
(a) A court of competent jurisdiction finds that PERFORM Ni G AGENCY has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subreeipients to communicate with RECEIVING
AGENCY as necessary to the performance of the contract;
(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided, under this contract;
(d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the
personnel or resources to perform under the contract;
(e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
(f) PERFORMING AGENCY's management system does not meet the UGMS management
standards; or
(g) PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
(iv) If judgment for the payment of money in excess of 550,000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORWI NG AGENCY, and PERFORMING AGENCY does not (a) discharge
the judgment or (b) provide for its discharge in accordance with its terms, or (c)
procure a stay of execution within 30 days from the date of entry thereof, and
within the 30 -day period or a loner period during which execution of the
judgment shall have been stayed, appeal therefrom and cause the e%ecution
(LCIS) 2000 GENERAL PROVISIONS Pagc 22 4199
thereof to be stayed during such appeal while providing such reserves therefore
as may be required under generally accepted accounting principles.
C. Emergency termination. RECEIVING AGENCY may terminate the contract immediately upon notice
to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is defined in the
Sanctions Article.
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, RECEIVING AGENCY and PERFORMING AGENCY will
try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be
discharged from any further obligation created under the applicable terms of this contract except for the equitable
settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not,
however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of
PERFORMING AGENCY to retrain records and maintain confidentiality of information shall survive this contract.
ARTICLE 33. Void!Contract
RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 34. Severability
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 35. J&cal Health Department Personnel
All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING
AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY will have in place legally sufficient due process hearing procedures for all of its
employees filling state -budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state -budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state -budgeted employees will be in accordance with
the due process hearing procedures as set out above. The only distinction between state -budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and are subject to certain duties,
obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the
State Appropriations Act, is that no employee paid on a state -budgeted position may receive a salary supplement
from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition
includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or
per diem allowance to these employees must be on a reimbursement basis, supported by appropriate records, and
may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current
state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this
contract or from any other source.
(L GS) 2000 GENERAL PROVISIONS Page 23 4/49
pERF•OR ING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting
individuals into state -budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY's Bureau of Human Resources. The purpose of
the approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
PERFOKNI NG AGENCY will maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and travel costs on state -budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state -budgeted positions.
An independent audit is not required as a condition of this contract if the Attachment provides assistance through
assignment of state -budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to
fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state -
budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state -budgeted
position after all benefits, obligations, and/or other entitlements are met. PERFOKMING AGENCY's Director,
or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING
AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the
conversion if the request is granted.
ARTICLE 36. ;Survival of Terms
Termination or expiration of this contract for any reason shall not release either parry from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination
or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following; any
such termination or expiration.
ARTICLE 37, No Waiver of Snvereigpn Immunity
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY
UNTENDED TO CONSTITUTE A WAIVER OF ANY LNVdUNI'IES FROM SUIT OR FROM LIABILITY
THAT THE PARTIES OR THE STATE OF TEXAS MAY nAVE BY OPERATION OF LAW.
ARTICLE 38. Certifcatlons
The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the
performance of governmental functions and services from current revenues available to RECEIVING AGENCY.
The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions
performed under the contract.
(LCs) 2000 GENERAL PROVISIONS Page 2.3 4/99
Addendum to FY2000 general Provisions
for Texas Department of Health Grant Contracts
Dispute Resolution
PERFORMING AGENCY'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, of the
Government Code. To initiate the process, PERFORMING AGENCY shall submit written notice, as required
by subchapter B, to Susan K. Steeg, General Counsel, Texas Department of Health, 1100 W. 49th Street, Austin,
TX 78756. Said notice shall specifically state that the provisions of Ch. 2260, subchapter B are being invoked.
A copy of the notice shall also be given to all other representatives of RECEIVING AGENCY and
PERFORMING AGENCY otherwise entitled to notice under this contract. Compliance by PERFORMING
AGENCY with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter
2260, subchapter C, of the Government Code.
Treatment of Minors
If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this
contract, either directly or through contracts with subrecipients, the treatment to a minor shall be provided only
if consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to
treatment of a child by a non -parent or child. If requirements of federal law relating to consent directly conflict
with Chapter 32 of the Family Code, federal law shall supersede state law.
Child Abuse Reporting Requirements
PERFORMING AGENCY shall make a good faith effort to comply with aII child abuse reporting guidelines and
requirements in Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and
neglect. PERFORMING AGENCY shall ensure that all contracts with a subrecipient require the subrecipient
to make a good faith effort to comply with all child abuse reporting guidelines and requirements of Chapter 261
of the Family Code.
2000 GENERAL PROVISIONS Addendum Page 10199
Addendum to FY2000 General Provisions
for Texas Department of 1ealthrent Contracts
Aisnute Resolution
PERFORMING AGENCY'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, of the
Government Code. To initiate the process, PERFORMING AGENCY shall submit written notice, as required
by subchapter B, to Susan K. Steeg, General Counsel, Texas Department of Health, 1100 W. 49th Street, Austin,
TX 78756. Said notice shall specifically state that the provisions of Ch. 2260, subchapter B are being invoked.
A copy of the notice shall also be given to all other representatives of RECEIVING AGENCY and
PERFORMING AGENCY otherwise entitled to notice under this contract. Compliance by PERFORMING
AGENCY with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter
2260, subchapter C, of the Government Code.
Treatment of Minors
If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this
contract, either directly or through contracts with subrecipients, the treatment to a minor shall be provided only
if consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to
treatment of a child by a non -parent or child. If requirements of federal law relating to consent directly conflict
with Chapter 32 of the Family Code, federal law shall supersede state law.
Child Abuse Reporting Requirements
PERFORMING AGENCY shall make a good faith effort to comply with all child abuse reporting guidelines and
requirements in Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and
neglect. PERFORMING AGENCY shall ensure that all contracts with a subrecipient require the subrecipient
to make a good faith effort to comply with all child abuse reporting guidelines and requirements of Chapter 261
of the Family Code.
2000 GENERAL PROVISIONS Addendum Page 10199
DOCUMENT NO. 7560005906-01
ATTACHMENT NO. 07
PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: BUREAU OF REGIONAL/LOCAL HEALTH
OPERATIONS
TERM: July 01, 2000 THRU: August 31, 2001
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY and RECEIVING AGENCY are entering into this contract Attachment
pursuant to Government Code, Section 403.1055, relating to the Permanent Fund for Children and
Public Health, and the Health and Safety Code, Section 121.0065 relating to Grants for Essential
Public Health Services. PERFORMING AGENCY shall implement a project to provide one or more
of the essential public health services within their community. The following documents, which
include a description of the project, are incorporated by reference and made a part of this contract
Attachment. These include:
RECEIVING AGENCY'S FY 01 Request for Proposal (RFP) issued February 18, 2000.
PERFORMING AGENCY'S FY O1 Application, and any written revisions.
PERFORMING AGENCY rules relating to the Innovation Grants at Title 25 Texas
Administrative Code, Chapter 83.
PERFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY'S
FY 01 RFP issued February 18, 2000, and PERFORMING AGENCY'S FY 01 application in
response to the RFP. All revisions to said documents shall be in writing, agreed upon by the
PERFORMING AGENCY and the RECEIVING AGENCY, and considered to be a part of this
attachment.
PERFORMING AGENCY shall identify performance measures for project objectives and target
levels of performance for each measure that are related to some baseline indicators. Performance
measures shall include outcome, output, efficiency and explanatory measures. Performance measures
shall be subject to approval of RECEIVING AGENCY once it receives the written Performance
Measures developed by the PERFORMING AGENCY.
Applicable to Part III recipients: If a Health Authority is not appointed by the PERFORMING
AGENCY at the time of execution of this contract, a health authority must be appointed before
PERFORMING AGENCY can request reimbursement of funds. No funds shall be reimbursed to the
PERFORMING AGENCY unless the PERFORMING AGENCY has appointed a health authority
under the Health and Safety Code, Chapter 121. During the entire term of this contract, the
PERFORMING AGENCY shall continue to have an appointed health authority. A regional director
of the RECEIVING AGENCY cannot be appointed as the local health authority for the
PERFORMING AGENCY, but may perform the duties of the appointed health authority only when
the appointed health authority fails to perform duties prescribed by the Texas Board of Health, is
absent, or is incapacitated.
ATTACHMENT - Page
Under TDH Innovation Grant Rule, section 83.13 on Continuation Funding, PERFORMING
AGENCY will be eligible to apply for funding for this project during the next Request For Proposal
period. Approval for continuation funding will be based on project merit and how well the project
meets RECEIVING AGENCY needs, as well as whether or not the performance measures and
deliverables have been met during the current cycle, and an evaluation of the benefit of the project.
PERFORMING AGENCY shall provide services in the following county(ies)/area: Lubbock.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Funding, paragraph one is revised to add the following:
Without waiving the provisions of the Termination Article, PERFORMING AGENCY and
RECEIVING AGENCY may agree in writing to extend the time for reimbursements to the
PERFORMING AGENCY if the funds actually received by the RECEIVING AGENCY for the
Innovation Grants Program are less than anticipated or are not available from the Comptroller of
Public Accounts of the State of Texas in a timely manner.
General Provisions, Assurances, is revised to delete the following from the last paragraph:
"'or in any equipment purchased with the funds from this contract,"
General Provisions, Standards for Financial and Programmatic Management, paragraph two
is deleted.
General Provisions, Equipment and Supplies, is revised as follows:
Paragraph one is replaced with: In accordance with the Health and Safety Code, Section 12.053, title
to all equipment and supplies purchased from funds from this contract will be in the name of
PERFORMING AGENCY and shall not revert to the RECEIVING AGENCY upon termination or
expiration of this contract.
Paragraphs five and six are deleted.
General Provisions, Reports, is revised as follows:
Paragraph three is replaced with: PERFORMING AGENCY shall submit quarterly reports and an
annual report to RECEIVING AGENCY program no later than 30 days after the end of each quarter
and thirty (30) days following the end of PERFORMING AGENCY'S fiscal year in a format
approved by RECEIVING AGENCY. PERFORMING AGENCY shall submit a copy of the
Financial Status Report, State of Texas Supplemental Form 269a (TDH Form GC -4a) to the Bureau
of Regional/Local Health Operations and any other reports RECEIVING AGENCY determines
necessary to accomplish the objectives of this contract.
ATTACHMENT - Page 2
a
SECTION III. BUDGET:
PERSONNEL
$136,175.00
FRINGE BENEFITS
46,792.00
TRAVEL
4,160.00
EQUIPMENT
0.00
SUPPLIES
21,269.00
CONTRACTUAL
0.00
OTHER
0.00
TOTAL DIRECT CHARGES $208,396.00
INDIRECT CHARGES 13,618.00
TOTAL $222,014.00
Total reimbursements will not exceed $ 222,014.00.
Financial status reports are due the 30th of October, 30th of January, 30th of April, 30th of July,
and the 30th of November.
Based on UGMS, indirect cost may be recovered up to 10% of the direct salary and wage costs
of providing the service (excluding overtime, shift premiums, and fringe benefits).
ATTACHMENT - Page 3