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HomeMy WebLinkAboutResolution - 2646 - Contract - TDOH - Local Health Services - 09/24/1987DGV:da RESOLUTION Resolution #2646 September 24, 1987 Agenda Item #22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and associated documents between the Texas Department of Health and the Lubbock City Health Department for Local Health Services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of September 1987. c B.C. McMINN, MAYOR ATTEST: netU Boyd, City Secreta APPROVED AS TO CONTENT: — /ZZ Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: Uotfald G. Vandiver, First Assistant City Attorney RECEIVING AGENCY TDH Document No. C8000541 Texas Department of Health LOCAL HEALTH SERVICES CONTRACT 1100 West 44th Street STATE OF TEXAS Austin, Texas 78756-3149 COUNTY OF TRAVIS PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT (Print or Type) ailing Address: P.O. Box 2548 Lubbock Texas 79408 (City) (State) (Zip Code) Street Address: 1902 Texas Avenue Lubbock Texas 79408 (if different) (City) (State) (Zip Code) Authorized Contracting Entity: City of Lubbock (If different from PERFORMING AGENCY) Individual(s) Authorized to Negotiate Conversion/Budget Revision: Rita Harmon Amount: 5270,993.7 3nprofit: Yes _ x No Indirect- Cost Agreement Attached: mall Business: Yes No „ Indirect Cost Based on UGC'iS: inority/Woman Owned: Yes — No �Negotiated Indirect Cost: City of Lubbock Estimated ervice Area: Number to be Served: 18,000 (City, County, SMSA, Leg. District, etc.) 'ERFORMING AGENCY's Fiscal Year Audit Required: : 09-31-88 nding Month Within Contract: Yes ,X No hype of Local Health Organization (Art. 4436b): Unit )istrict Components: x Department District endor Name: City of Lubbock (If different from PERFORMING AGENCY) endor Address: P.O. Box 2000 Lubbock, Texa579457 (City) (State) (Zip Code) endor Identification No.: 17560005906001 inance Officer/Contact: R. D. Goodman iummary of Transaction: Local Health Services Contract for comprehensive, laboratory, and maternal and child health services. 1 * Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. 7 DETAILS OF ATTACHMENTS tt. TDH Term Dates State Pos. Source o. Program -Becini End or Grant of Funds* Amount 1 Community & Rural Health 09018;083188 Pos.(5) State $ 77,252.76 2 Community & Rual Health 09018',083188 Grant State 12,000.00 3 Community & Rural Health 10018',093088 Grant 13.991 42,368.00 4 Laboratories 09018;083188 Inkind N/A -0- 5 Maternal & Child Health 09018-,033188 Pos.(3) 13.994 44,736.00 6 Maternal & Child Health 10018",0930881 Grant 13.994 94,637.00 * Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. 7 ASSURANCES PERFORMING AGENCY hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including OMB Circulars Nos. A-87 and A-102, Executive Order 12372, and the Uniform Grant and Contract Management Standards (UGCMS), as they relate to the application, acceptance, and use of Federal/State funds for this project. In addition, PERFORMING AGENCY assures and certifies with repect to the contract that: 1. It possesses legal authority to apply for the contract; that a has been duly adopted uoroPat Passed as an Official or aact cof nPERFORMING AGENCY'S governing body, authorizing the filing of the contract, includ nces contained therein,�gand ldirecting tand iauthorizingsthe ns and aper - son identified as the official representative of PERFORMING AGENCY to act in connection with the contract to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and, in accordance with Title VI of that Act, no person to the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which PERFORMING AGENCY receives Federal/ State financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act Of 1964 (42 USC 2000d) prohibiting employment discrimation where (a). the primary purpose of a contract is to provide employment or discriminatory employment practicies will result (in unequal treatmentof persons who are or should be benefitting from the contract -aided activity. 4. It will comply with rniform equirements of Title II and Title III Of Property the Acquilsitions Relocation Assistance . A(P.L91-646) which provides for fair dequitable ersons displaced as aresultofFederal and federallyf assisted programs. S. Itwill comply with the ,provisions of the Hatch Act which li4it the political activity of employees. 6. Its will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act as they apply to hospital andeducational institution employees of State and local governments. 7. It willestablish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family, business, or other ties. ive IVING 8- i roller Generalthrough any EauthoritedNrepresentative CY or the Cthetaccess to and the right to examine All records, books, papers, or documents related to the contract. 9. It will comply with all requirements imposed by RECEIVING AGENCY concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with UGCMS. 10.It will ensure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishmentof the project are not listed on the Environmental Protection Agency's (EPA) list of Violating F the acilities and that it will notify RECEIVING AGENCY of 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. J 11.It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat. 975, appandroved afterDMarche2,311975976. Secti On the purchaselof(areuires, on fl) oodginsurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 'Federal financial assistance' includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 12.It will assist RECEIVING AGENCY in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investi- gations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Hisee storic andenotifyingtsRECEI- ViNG AGENCY of the existence of such properties, and by (b) complying with all requirements established by RECEI- VING AGENCY to avoid or mitigate adverse effects upon such properties. 13.It will comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under this contract. 14.It;will comply with Texas Civil Statutes, Article 5996a, by ensuring that no officer, employee, or member of PERFOAGENCY'SNcontractorAGENCY'S shallgoverning orbodOr Of PERFORMING cony firm the employment of any person related within the second degree by affinity or third degreeby consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment Of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited decree. 15.It will ensure that all information collected, assembled, or maintained by PERFORMING AGENCY relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. 16.It will comply with Texas Civil Statutes, Article 6252- 17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas constitution. 17.It will maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications contained in this contract are met. GENERAL TERMS ARTICLE 1. Scope and Term of Contract No prior agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this contract. PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work which is/are referenced in the Details of Attachments and hereby incorporated and made a part of this contract, plus amendments which may be added by additional Attachment(s) from time to time as hereinafter provided. This contract may be amended 1) as necessary by monthly payroll affidavit(s) for state budgeted position(s).as originally set forth in Attachment(s) hereto, or 2) as provided in Article 41 or 3) by the addition of Attachment(s) containing additional Scope(s) of Work and/or Budget(s) related to same, or 4) by revision of existing Attachment(s) and the Scope(s) of Work and/or Budget(s): Such amendment(s) shall be in writing and duly executed by the parties hereto. The term of this contract shall be governed by the time period(s) on the Attachment(s). No commitment of contract funds is permitted prior to the first day nor subsequent to the last day of the term. The term may be extended by amendment(s). If any provision(s) of this contract shall be construed to be illegal or invalid, it shall not affect the legality or validity of any of the other provisions hereof, and the illegal or invalid provision(s) shall be deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other provisions shall continue. ARTICLE 2. Applicable Laws and Standards Parties agree this contract shall be governed by the laws of the State of Texas and enabling Federal regulations, including Treasury Circular 1075 (31 CFR Part 205) and grant requirements applicable to funding sources as set out in Attachment(s) hereto. PERFORMING AGENCY agrees that Article 4413, Section 32g, V.T.C.S. [Uniform Grant and Contract Management Standards Manual (UGCMS)], will apply as terms and conditions of this contract, and the standards are adopted by reference in their entirety with the exception of Attachment P, A-102, Audit Requirements. Audits shall be in compliance with OMB Circular A-128, "Audits of State and Local Governments." If there is a conflict between the provisions of this contract and UGCMS, the provisions of UGCMS will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. UGCMS contains requirements in OMB Circular Nos. A-87 and A-102 that pass through with State and Federal monies which are hereby adopted when applicable, including but not limited to: 4 1. allowable costs in applicable Cost Principles, A-87; 2. financial management standards, A-102, Attachment G; and 3. procurement, A-102, Attachment 0. In addition, A-102, Attachment 0, sets out provisions that must be in all contracts. Those provisions are hereby adopted when applicable. ARTICLE 3. ]Rersonnel All personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY agrees to defend and indemnify RECEIVING AGENCY for any and all claims and/or judgements taken againstany employees, state or local, or against said RECEIVING AGENCY, arising out of any claims or cause of action against any such employees, except to the extent that employees on state budgeted positions may be indemnified and the -state.may be liable for certain acts pursuant to Chapter 104 of the Civil Practice and Remedies Code of Texas and any other applicable law. PERFORMING AGENCY shall have in place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. The Director of PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer 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 shall be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state budgeted position may receive a salary supplement from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes, but is not limited to, the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any such travel or per diem 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 shall apply whether travel funds are provided in Attachment(s) under this contract or from any other source. Unless specifically authorized by Attachment(s) to this contract, none of the funds provided by Attachment(s) shall be used to pay overtime to employees on state budgeted positions. PERFORMING AGENCY shall be responsible for any obligations fpr overtime pay due such employees which are not so authorized by RECEIVING AGENCY. PERFORMING AGENCY will utilize RECEIVING AGENCY policies and hiringand g P procedures for promoting individuals into state budgeted positions funded by Attachment(s) to this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY Bureau of Personnel Management. The purpose of the approval is to insure that individuals occupying these positions meet minimum educational and experience requirements. 5 ARTICLE 4. funding PERFORMING AGENCY shall use funds from this contract to supplement its budget. These funds will in no event supplant funds 'from other sources currently available to PERFORMING AGENCY. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of Attachment(s) in lieu of being furnished state payroll warrants after a state budgeted position becomes vacant. Reimbursement shall not exceed the balance of funds on the. state budgeted position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY Director or other person(s) authorized elsewhere in this contract, shall submit request for conversion. RECEIVING AGENCY shall transmit formal approval and revised budget to PERFORMING AGENCY to complete the conversion. PERFORMING AGENCY shall develop.a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Article 4414c, V.T.C.S., and the Texas Board of Health rules covering Fees for Clinical Health Services (25 TAC, Sec. 1.91) and other applicable laws; provided, however, that a patient may not be denied a service due.to inability to pay. In compliance with Article 6252-13e, V.T.C.S., PERFORMING AGENCY shall provide RECEIVING AGENCY with evidence that a public meeting or hearing was held to seek public comment on the needs and uses of federal block grant funds received by PERFORMING AGENCY under this contract. Record of public participation efforts undertaken must be filed with RECEIVING AGENCY. PERFORMING AGENCY agrees to and by executing this contract assigns to RECEIVING AGENCY uncommitted expenditures of local funds for public health services as matching for Federal funds. Assigned local funds shall be reported to RECEIVING AGENCY on the annual/final report Form 270. In the event such assigned funds are required by PERFORMING AGENCY to match other Federal funds, prior written approval may be requested.of RECEIVING AGENCY. This contract is contingent upon funding being available for the term of the Attachment(s) and PERFORMING AGENCY shall have no right of action against RECEIVING, AGENCY in the event that RECEIVING AGENCY is unable to perform its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable, provisions of the Termination Article shall apply. ARTICLE 5. Program Income All revenues received from the delivery of contract services shall be identified and reported and shall be utilized as provided in this article. Such program income shall be retained by PERFORMING AGENCY and: (1) be used by PERFORMING AGENCY for any purposes which further the objectives of the program and the Scope of Work for the Attachment(s) and be deducted from total project costs, or (2) be deducted from total project costs. R This is according to RECEIVING AGENCY policy interpreting UGCMS, a copy of Policy is provided on request, and is incorporated by reference as a condition of this 'contract. ARTICLE 6. Subcontracting PERFORMING AGENCY may enter into agreements with' subcontractors unless restricted or otherwise prohibited in specific Attachment(s). Subcontracts,if any, entered into by PERFORMING AGENCY shall be subject to the requirements of this contract. PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY for the performance of any subcontractor. ARTICLE 7. Compensation and Payment The following provisions establish responsibilities, uniform procedures and standard form for billing and forfeitures for noncompliance. Compensation, and/or reimbursement shall be contingent on a signed contract. For services satisfactorily performed pursuant to the Scope(s) of. Work, PERFORMING AGENCY shall have furnished state warrants for salary compensation or travel reimbursement for employees on state budgeted positions or reimbursement warrants for allowable costs. Combined compensation payments and reimbursements shall not exceed the total of all Attachment(s) hereto. Allowable costs shall be as outlined in Attachment(s) and must be substantiated by source documentation. Advance payment may be requested in accordance with the applicable provisions of this contract. Claims for compensation or reimbursement shall be on the forms and in the format prescribed by RECEIVING AGENCY. Compensation PERFORMING AGENCY shall maintain required records and submit documents necessary to processing', personnel, payroll, leave and time records and travel claims on state budgeted positions and shall receive state warrants for issuanceto employees on state.budgeted positions. Reimbursements Claims shall be made on. State of Texas Purchase Voucher (TOH Form #AG -37). Vouchers for reimbursement of actual expenses shall be submitted monthly within 20 days following the end of the month covered by the bill. A makeup claim may submitted as a final closeout bill not later than 45 days following the end of Attachment term(s). Payments made for approved claims or notice of denial of claims submitted against Attachment(s) to this contract shall be mailed no later than 60 days after receipt of monthly vouchers. Payment may be denied if required financial reports are not on file for previous quarters or for the final period, or if program requirements are not met as specified in Scope(s) of Work. Payment is considered mailed on the date postmarked. Any reimbursements made by+PERFORMING AGENCY to subcontractors shall be made in accordance with Article 601f, V.T.C.S. 7 Advance Payment PERFORMING AGENCY may request in writing a one time advance with proper justification and concurrence of RECEIVING AGENCY. Amount of advance shall be determined by amount and term of the Attachment(s); however, for each Attachment, amount of the advance shall not exceed one-sixth (1/6th) .of a twelve month Attachment. Advance shall be requested on State of Texas Purchase Voucher at the beginning of Attachment period or at a single later time in Attachment period if circumstances so warrant and the request is approved. Advance funds will be liquidated in the final months of the Attachment period so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance funds may be drawn only to meet immediate cash needs for disbursement (UGCMS and Federal Circulars). Amendments to this contract .may require and upward or downward adjustment to the allowable advance- until it equates 1/6th of a twelve month attachment or approximates two -months operating costs. In the case of a downward adjustment, PERFORMING AGENCY and RECEIVING AGENCY shall agree on the amount of adjustment to the advance. RECEIVING AGENCY retains the option to reduce the next claim(s) by the required amount. In the case of an upward adjustment and PERFORMING AGENCY needs additional funds to meet immediate operating expenses, PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. PERFORMING AGENCY shall annotate such adjustments on the next applicable quarterly financial report, Form 269a. ARTICLE S. Financial Reports Financial reports are required as provided in UGCMS and shall be filed regardless of whether or not expenses have been incurred. Instructions for the completion of reports are provided by RECEIVING AGENCY and are incorporated by reference as a condition of this contract. ar erl• Financial Status Report, State of Texas Supplemental Form 269a (TDH Form GC 4), shall be.submitted within 20 days following the end of each quarter or as stated in Attachment(s). Annual/Final A final report, Request for Advance or Reimbursement, Form 270 (TDH Form GC -10) shall be submitted not later than 45 days following the end of Attachment term(s) or as specified in Attachment(s). An amended Form 269a shall be submitted if the amount of expenditures reported in the last quarter changed. If necessary, a State of Texas Purchase Voucher will be submitted if all costs have not been recovered or a refund will be made of excess monies if costs incurred were less than funds received. Annual audit reports are required of local expenditures funded through Attachment(s) to this contract. Within 30 days of receipt of audit report, PERFORMING AGENCY shall submit a copy to RECEIVING AGENCY, Internal Audit Division. 8 ARTICLE 9. Reports and Inspections PERFORMING AGENCY shall make financial,, program, progress, and other reports as requested by''RECEIVING AGENCY in the format agreed to by the parties hereto and will arrangefor onsite inspections by RECEIVING AGENCY within normal' working hours. PERFORMING AGENCY shall participate fully in any required evaluation study. PERFORMING AGENCY shall forms provided by RECEIVING current fiscal year ending ARTICLE 10. Records furnish RECEIVING AGENCY an AGENCY. The budget shall date as stated on the cover annual budget report on be for PERFORMING AGENCY page of this contract. PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure of 'patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under this contract. Any disclosure of confidential patient information by PERFORMING AGENCY as required by this contract, including without limitation information required by the Reports and InspectionsArticle, shall be in accordance with applicable law. ARTICLE 11. Property and Supplies Subject to the obligations and conditions.set forth in UGCMS and Section 8.02(c) of Article 601b, V.T.C.S., title to all property purchased from funds provided herein shall be in the name of PERFORMING AGENCY throughout the term 'of the contract. This also includes acquisitions through lease -purchase agreements paid with funds provided under this contract or'with funds provided by ;program income attributable to the programs provided for under this contract. PERFORMING AGENCY shall maintain a property and supplies inventory and administer a program of maintenance, repair, and protection of assets provided under this contract so as to assure their full availability and usefulness for performance. under this contract. PERFORMING AGENCY shall submit an annual report of nonexpendable personal property (unit cost $250.00 or more and useful life of more than one year) as of August 31st of each year under contract. A format based on UGCMS, A-102, Att. N, is provided by RECEIVING AGENCY on request. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or• damage to, the 'assets provided under this contract, it shall use the proceeds to repair or replace said assets. In the event any motor vehicle belonging to RECEIVING AGENCY is provided to PERFORMING AGENCY pursuant to any Attachment hereto to be used within the performance of the Scope of Work set ouf in such Attachment, and title to such motor vehicle' is retained by RECEIVING AGENCY, PERFORMING AGENCY agrees to utilize such motor vehicle only within the parameters of such Scope of Work and to permit the operation of such motor Vehicle only by licensed, qualified drivers. X61 RECEIVING AGENCY retains the option to recover all unused supplies and useable equipment purchased under this contract upon the termination of the contract. ARTICLE 12. Termination This contract or any Attachment(s) hereto may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other party shall provide written notice to the other party at least thirty (30) days prior to the intended date of termination. Such notice shall include the reasons for the termination and shall provide the other party an opportunity to rebut the reasons in writing. A hearing may be requested on the proposed termination if such request is made in writing within ten (10) days from any final notification of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. This contract or any Attachment(s) hereto may be terminated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both parties shall agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY shall immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice shall become a part of the contract. PERFORMING AGENCY shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. RECEIVING AGENCY shall allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. , This contract or any Attachment(s) hereto may be terminated if funds allocated for any Attachment(s) hereto should become reduced, depleted, or unavailable during any Attachment(s) budget period, and RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY shall immediately provide written notification to PERFORMING AGENCY of such fact and such Attachment(s) to this contract is/are terminated upon receipt of that notification. PERFORMING AGENCY shall not incur new obligations after the effective date and shall cancel as many outstanding obligations as possible. RECEIVING AGENCY shall allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated in the event that Federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the,part of either party, unreasonable or impossible. If the parties should be unable to agree upon amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, upon written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations as of the date of termination. 10 This contract, assurances, general and/or special- conditions, and Attachments) with detailed scope(s) of work and budget(s), as applicable, incorporate all covenants and agreements pertaining hereto. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. For and in behalf of RECEIVING AGE?iCY PERFORMING AGENCY Texas Department of Health Lubbock City Health Department By: r j& A(Signat-ure-ofPerson Authorized to Sign Contracts) Name: B.C. McMIM Title: MAYOR Date: 9 RECOMMENDED: By; (PERFORM:ING AGENCY Oirector, if Different from Person Authorized to Sign Contracts) Rita Harmon, Assistant City Manager APPROVED AS TO jFORM: Donald G. Vandiver, First Assistant City Attorney 11 By: Aefff-Klai:s L. Miller Deputy Commissioner Management and Administration Date: tel. 31987 RECOMMENDE6D: B ,Aek Albert G. Randall, M.D. 4 Associate Commissioner Community and Rural Health,,---' i�,�,Cl'ift Price, M.O. . .j Associate Commissioner Personal Health Services Approved as to Form: By: 0 rice of General Counsel PERFORMING AGENCY: ATTACHMEINT NO. 1 LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): COMMUNITY AND RURAL HEALTH TERM: September 1. 1987 through August 31. 1988 SCOPE OF !WORK: The state direct assistance and other funds to hearth depart:ilents are intended to supplement in the delivery of comprehensive public health services to protect the health of all citizens in the department's jurisdiction. Personal health services may include, but are not limited to, immunizations, maternal and child health, crippled children, adult health, tuberculosis control, chronic disease, dental health, public health education, and venereal disease control. Environmental health services may include, but are not limited to, food inspections, wastewater control, vector control, premise inspections, swimming pool inspections, and other services as related to the particular problems'of the jurisdiction. Required personnel, payroll, and time records on state budgeted personnel as the basis for' issuance of state payroll warrants shall be submitted to RECEIVING AGENCY. Reports';of services performed under this Office Of Community and Rural Health. LEGAL AUTHORITY Current',Appropriations Bill. BUDGET attachment shall be submitted to the The attached list of positions and budgetary amounts, exclusive of category 41, it applicable, is an integral part of Attachment 1. A state warrant will be issued for each filled position in the amount of monthly net salary earnings. Financial reports are due the 20th of December, March, June, and September and the lith of October if program income is generated from activities performed by employees funded through this Attachment. Total amount of this Attachment shall not exceed S77,252.76 .4 it •1C., Texas ©E p{. �me:�t off -'Heath ` OPERATING BUDGET FOR YEAR ENDING A: GUST =1 • 19aE AS OF -JUL? 31. 1987 - EUCGET NO. LC4Gr3 44,13111u 13C2n CATS- GORY DESCRIPTION OR TITLE FUND SALARIES ONLY tUDGETEO AMOUNT OESC. ENDINGITEM MONTH 1 NO. J08 CLASS AYIrAv m IlTV) .EFFECTIVE ' DATE I MONTIE.Y RATE 1 PUBLIC HEALTH DENTIST I. :?;.G .^,;,n` 7 3757.91 STATE AU GO III DC2 Imalm {SEp 87j II 937.' II:252.T� NURSE iI STATE AUGi IEI438CJJZLIISLP �III 8', 1.726.0C 209TI2.OG ILIC '110CATTCNAL NURSE II ISTATE I AJOR .4412IC!?�,-SEP 871 1.SC6-3J 18.JTZ.00 ISECIETARY TIT STATE 4UJ1Cu;3135IC7r4sEP 871 1.291.00 LG,4g2.CG DENTAL ASS:STAMT I (STATE AJ1254432R4IC11SE? 87I 977.CCI 12 T2k.CC 1 -1. 11.1. L I L I I I I 177 252.76 ATTACHMENT NO. 2 PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): COMMUNITY AND RURAL HEALTH ERM: September 1. 1987 through Auaust 31 1988 SCOPE OF WORK: This allocates funds in support of the scope of work in Attachment No. 1. LEGAL AUTHORITY: Current Appropriations Bill. BUDGET: Personnel S -0- Fringe Benefits _0_ Travel -0- Equipment _0_ Supplies _0_ Contractual 12,000.00 Other _n_ TOTAL $12,000.00 Financial reports are due the 20th of December, March, June and September and the 15th of October. Total amount of this Attachment shall not exceed $12.000.00 1 ATTACHMENT NO.3 PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): COMMUNITY AND RURAL HEALTH ERM: September 1, 1987 through September 30, 1988 SCOPE OF WORK: This allocates funds in support of the scope of work in Attachment No. 1. LEGAL AUTHORITY: Title XIX, Public Health Services Act, Omnibus Budget Reconciliation Act of 1981, DHHS final regulations on block grants. BUDGET: Personnel $42,368.0 0 Fringe Benefits -O- Travel -0- Equipment -0- Supplies -0- Contractual -0- Other -0- TOTAL S42,368-00 * Financial reports are due the 20th of January, April, July, and October and the 15th of November. Total amount of this Attachment shall not exceed $ 42.368.00 *Reflects an annual budget reduction of $2,782.00, and continues funding from 1987 contract. Att. No. 2 for 13 months (September -September) and Att. No. 3 for 12 months (October -September). l ATTACHMENT N0. 4 PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): Bureau of Laboratories TERM: _ September 1 1987 through August 31. 1988 SCOPE OF WORK: This laboratory agrees to provide reports on testing on approximately 35,500 specimens annually as indicated in the categories below in support of RECEIVING AGENCY programs. A. Water bacteriology 11,000 B. Milk bacteriology and chemistry C. Syphilis serology _12,000 D. Gonorrhea testing 12,000 E. Other approved analyses 500 TOTAL 35,500 PERFORMING AGENCY agrees to meet the standards for such analyses as set forth by RECEIVING AGENCY, Bureau of Laboratories, the Clinical Laboratories Improvement Act, the Safe Drinking Water Act, The National Conference of Interstate Milk Shippers, and/or the Public Health Service 'Grade A Pasteurized Milk Ordinance. Support for this scope of work is provided in part by the Bureau of Laboratories through supplies, equipment and training and by other RECEIVING AGENCY programs. Program income generated by activities supported by this Attachment is to be reported on the quarterly reports on appropriate other attachments to this contract. 1 ATTACHMENT NO. 5 PERFORMING AGE CY: LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): Bureau of Maternal and Child Health TERM: September 1, 1987 through August 31, 1988 SCOPE OF WORK: Provide clinical services to meet the needs of low income women and children with particular reference to prenatal care for pregnant women, family planning services, and preventive child health services. Services shall be provided in accordance with the standards for maternity, family planning, and child health services as promulgated by the RECEIVING AGEICY, Bureau of Maternal and Child Health, Servicas performed under this Attachment shall be reported as required by RECEIVING AGE11CY, Bureau of Maternal and Child Health, by submission of Maternity/Family Planning and Child Health Clinic Reports. If fees for services are imposed as provided in Article 4 of this contract, charges will not be imposed for the provision of health services to low income mothers or children. . The term "low income" refers to an individual or family with an income determined to be below the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with Section 6Z4 of the Economic Opportunity Act' of 1964. LEGAL AUTHORITY: Title V, Social Security Act, Omnibus Budget Reconciliation Act of 1981; DHHS final regulations on block grants BUDGU: The attached list of positions and budgetary amounts, exclusive of category 41, if applicable, is an integral part of Attachment 1. A state warrant will be issued for each filled position in the amount of monthly net salary earnings. Financial reports are due the 20th of December, March, June, and September and the 15th of October if program income is generated from activities performed by employees funded through this Attachment. Total amount of this Attachment shall not exceed S 44,736.00 1 Li; C.% C: 1'e L1`! Texas- Department of'. Health OPERATING BUOGET FOR YEAR ENOING AUGUST 11, 1988 AS OF JULY 31, 1937 - BUDGAET .40. LC 121 m213ii/X 130-'3 FUND SALARIES ONLY GORY DESCRIPTION OR TITLE cEsD. ENDIN4 I1TEh1 JOB IPAYIPAVI OTIC'NE I �aoNrHLY BUDGETED AMOUNT MONT14 NO. CLAE3 6P Rv . DATE RATE I :NURSE 11 MCH—L SE C-4 43AS1 C SEP $7� lf74b.J NURSE TI IMCH—Ll Al 13U�+�3�35# � OCT 8i1 19 46,Cq 20.952.0[3 CLERK TYPIST iI MCH—L SE' C3ar10610f�WSEP 871 1473.0 , CLERK TYPIST II "!CH—L AU 03 01061 I JOCT 81 1,07o.0 22 ?36.00 COMMUNITY SERV AIDE I MCH—LT SEll3iS5011010 87( 9Ow4 ,3 CCt!; UNITY SERV AIDE I MCH—LTAU -13 55m,i JEEP OC' 871 9114.0 iC • a+sP .CO I I I I � ( 44 s 73fi • 011 ATTACHMENT NO. 6 PERFORMING AGENCY: LUBBOCK CITY HEALTH DEPARTMENT PROGRAM WITHIN RECEIVING AGENCY (TDH): Bureau of Maternal and Child Health TERM: October I. 1987 through September 30. 1988 SCOPE OF WORK: Provide clinical services to meet the needs of low income women and children with particular reference to prenatal care for pregnant women, family planning services, and preventive child health services. Services shall be provided in accordance with the standards for maternity, family planning, and child health services as promulgated by the RECEIVING AGENCY, Bureau of Maternal and Child Health, Services performed under this Attachment shall be reported as required by RECEIVING AGENCY, Bureau of Maternal and Child Health, by submission of Maternity/Family Planning and Child Health Clinic Reports. If fees for services are imposed as provided in Article 4 of this contract, charges .will not be imposed for the provision of health services to low Income mothers or children. . The term "low income" refers to an individual or family with an income determined to be below the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with Section 624 of the Economic Opportunity Act of 1964. LEGAL AUTHORITY: Title V, Social Security Act, Omnibus Budget Reconciliation Act of 1981; DHHS final regulations on block grants. BUDGET: Personnel $ 52,356,00 Fringe Benefits (21.93%) 11,484,00 Travel -0- Equipment -0- Supplies 14,597.00 Contractual 16,200.00 Other -0- TOTAL S 94,637.00 Financial reports are due the 20th of January, April, July and October and the 15th of November. Total amount of this Attachment shall not exceed S 94,637.00 1