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2001-120-RES AUTHORIZING EXECUTION OF CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOC NO 7560022067-200203 RESOLUTION NO. 2001-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A CONTRACT FOR PUBLIC HEALTH SERVICES, TDH DOCUMENT NO. 7560022067- 200203; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas is a funding partner with the County of Lamar and the City of Paris for the Paris-Lamar County Health Department; and, WHEREAS, the Contract for Public Health Services, TDH Document No. 7560022067- 200203, is the conduit through which the state funds are received; and, WHEREAS, it is appropriate that the form of said Contract, attached hereto as Exhibit A, be approved, and that the City Manager be authorized to execute the same on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Contract for Public Health Services, TDH Document No. 7560022067-200203, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, the Contract for Public Health Services, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of August, 2001. ~ Michael J. Pfi , or ATTEST: ~~\."-L~~ ~~~ Mattie Cunningham, City Clerk . CONI'RACT FOR PUBLIC HEALTII SERVICES Contract Issued by: (RECEIVING AGENCY) TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 TDH DOCUMENT NO. 7560022067 200203 CN Legal Authority to Contract: Chapters 12 and 121, Health and Safety Code. Venue: The provisions of this Contract shall be interpreted in accordance with Texas law . Venue for any court disputes shall be in Travis County, Texas. PERFORMING AGENCY NAME: PARIS-LAMAR COUNTY HEALTH DEPARTMENT MAILING ADDRESS: P. O. BOX 938 PARIS TX 75460-0938 STREET ADDRESS: 740 SOUTHWEST 6TH. PARIS TX 75460-??oo NAME OF AUTHORIZED CONTRACTING ENTITY: (If different from PERFORMING AGENCY) PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: ADDRESS: State of Texas Vendor Identification No. (14 digits) 17560022067001 PAYEE AGENCY Fiscal Year Ending Month: September PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business. Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts, Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American, Asian Pacific American, Native American, and Women, The HUB must be certified by General Services Commission or another entity. For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE I - Receiving and Performing Agency Data COVER PAGE 2 - Details of Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS A TT ACHMENT(S) EXHmITS, IF APPLICABLE Cover Page 1 EXHIBIT A DETAILS OF ATTACHMENTS Au/ TDH Term Financial Assistance Direct Total Amount Amd Program Assistance (TDH Share) No. 10 Begin End Source of Amount Funds * 01 BRLHO/SURVEY 09/01/01 08/31/02 State 93.991 121,404.00 0.00 121,404.00 02 ACFH/PHC 09/01/01 08/31/02 State 180,000.00 0.00 180,000.00 03 IMM/LOCALS 09/01/01 08/31/02 State 93.268 53,523.00 0.00 53,523.00 TDH Document No.756OO22067 2002 Totals $354,927.00 $ 0.00 $354,927.00 Chan,ge No. 00 . I I I *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 EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. , Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY NAME: PARIS-LAMAR COUNTY HEALTH DEPARTMENT By: (Signature of person authorized to sign contracts) MICHAEL E. MALONE, CITY MANAGER (Name and Title) Date: 07-23-2001 RECEIVING AGENCY NAME: TEXAS DEPARTMENT OF HEALTH By: Melanie A. Doyle, Director Grants Manal!ement Division (Name and Title) Date: l(aD toi TDH Document No: 756002206702 Cover Page 3 ~ , GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (LGS) TABLE OF CONTENTS PREAMBLE TERM FUNDING AMENDMENTS APPLICABLE LAWS AND STANDARDS DEBARMENT AND SUSPENSIONS ASSURANCES CHILD ABUSE REPORTING REQUIREMENTS INTELLECTUAL PROPERTY HISTORICALLY UNDERUTILIZED BUSINESSES CONFLICT OF INTEREST CERTIFICATION OF SOFTWARE, HARDWARE, FIRMWARE, AND MICRO CODE PRODUCTS STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT BONDING FUNDING PARTICIPATION REQUIREMENT ALLOWABLE COSTS AND AUDIT REQUIREMENTS TERMS AND CONDITIONS OF PAYMENT ADVANCE PAYMENTS PROGRAM INCOME OVERTIME COMPENSATION EQUIPMENT AND SUPPLIES CONTRACTS WITH SUBRECIPIENTS CONTRACTS FORPROCURMENT REPORTS INSPECTIONS RECORDS RETENTION PATIENT OR CLIENT RECORDS CONFIDENTIALITY SANCTIONS SANCTION REVIEW BREACH OF CONTRACT TERMINATION VOID CONTRACT SEVERABILITY LOCAL HEALTH DEPARTMENT PERSONNEL SURVIVAL OF TERMS CONSTRUCTION OFAMBIGUITIES NO WAIVER OF SOVEREIGN IMMUNITY CERTIFICATIONS 2002 GENERAL PROVISIONS 04/01 Any alteration to this document constitutes a counter-offer and must be approved in writing by the Texas Department of Health. I GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS ARTICLE 1. Preamble PERFORMING AGENCY and RECEIVING AGENCY (the parties) 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 ofthis 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. Term 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. Fundin! This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment. PERFORMING AGENCY shall 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. Iffunds become unavailable, provisions of the Termination Article will apply. ARTICLE 4. Amendments This contract may be amended only ifthe amendment is in writing and signed by individuals with authority to bind all parties. (LGS) 2002 GENERAL PROVISIONS Page I 04/0 I 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 in complianbe with this Article. RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment executed in compliance with this Article, 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. Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY, ARTICLE 5. Applicable Laws and Standards This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this contract. The Uniform Grant Management Act (UGMA), Texas Government Code, Chapter 783, as amended, 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. Ifa conflict arises between the provisions of this contract and the provisions ofUGMA and UGMS, the provisions ofUGMA 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, DState Uniform Administrative Requirements for Grants and Cooperative Agreements," 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, Code of Federal Regulations, 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 91352, as amended, and UGMS). If at any time this contract exceeds $100,000, regardless of funding source, PERFORMING AGENCY shall file with RECEIVING 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 disclosure of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or receives a subgrant or subcontract to file the same 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 filed a declaration, certification or disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration, certification or disclosure previously filed. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon request. (LaS) 2002 GENERAL PROVISIONS Page 2 04/01 ARTICLE 6. Debarment and Suspension i 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, Feb. 18, 1986,51 Fed, Reg. 6370; ~ 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 VI of the Civil Rights Act of 1964, 42 USC ~~2000d et seq., as amended (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, 20 USC ~~1681-1683, and 1685-1686, as amended, 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 ~~ 121 0 1 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, 42 USC ~~6101-6107, as amended, which prohibits discrimination on the basis of age; ~ The Drug Abuse Office and Treatment Act of 1972, 21 USC ~ 11 0 1 et seq., as amended, relating to nondiscrimination on the basis of drug abuse; ~ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC ~290dd (b)( 1), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (LGS) 2002 GENERAL PROVISIONS Page 3 04/01 ~ Public Health Service Act of 1912, 99523 and 527, 42 USC 9290dd-2, as amended, relating to confidentiality of alcohol and drug abuse patient records; Title VIII of the Civil Rights Act of 1968, 42 USC 993601 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, 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 91324a, 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 996081-6084, 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, 42 USC 99289a-1 et seq., as amended, and 6601 (P,L. 93-348 and P.L. 103-43), as amended, regarding the protection of human subjects involved in research, development, and related activities supported by any applicable award offederal assistance, as implemented by 45 CFR Part 46, Protection of Human Subjects. E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC 9263a, as amended, which establish federal requirements for the regulation and certification of clinical laboratories. F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR 91910.1030, which set safety standards for those workers and facilities in the private sector who may handle blood borne pathogens, or Title 25 Texas Administrative Code, Chapter 96, which affects facilities in the public sector. G. Laboratory Animal Welfare Act of 1966, 7 USC 992131 et seq, (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, as amended, pertaining to standards which eliminate architectural barriers for persons with disabilities. I. Health and Safety Code 9165.004, relating to the promotion of breast-feeding by providing information 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. (LGS) 2002 GENERAL PROVISIONS Page 4 04/0 I J. Environmental standards pursuant to the following: (1) Institutipn of environmental quality control measures under the National Environmental Policy Act of 1969,42 USC 994321-4347 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 11988. (5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC 991451 et seq., as amended. " (6) Conformity offederal actions to state clean air implementation plans under the Clean Air Act of 1955, as amended, 42 USC 997401 et seq. (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC 99300f-300j, as amended, (8) Protection of endangered species under the Endangered Species Act of 1973,16 USC 91531 et seq., as amended. K. The Hatch Political Activity Act, 5 USC 997321-26, 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, 76th Legislature, 1999, Article 99-6.13, pp.IX-39&40, "Limitation on Grants to Units of Local Government." For the purpose of 99-6.13, "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 MHMR community center. N. Texas Government Code, Chapter 573, relating to nepotism. 0, Texas Government Code, Chapter 552, relating to open records and public information. P. Texas Government Code, Chapter 551, relating to open meetings. Q. Texas Occupations Code, Chapter 1701, as amended, and all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, as amended, relating to regulated law enforcement agencies. PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EP A) 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), (LGS) 2002 GENERAL PROVISIONS Page 5 04 PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, 42 USC ~~4001-4003, as amended, 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. 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 of 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. PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor Code, Chapters 401-406, and rules promulgated thereunder found at 28 Texas Administrative Code (T AC), Part 2, which cover compensation for employees' injuries. When incorporated into a contract, standard assurances contained in the application package, if any, become tenns 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 the Attachment(s), and with the applicable standard conditions or assurances prescribed by UGMS in Part III, OState Uniform Administrative Requirements for Grants and Cooperative Agreements," Subpart B-Pre-Award Requirements, item _' 14-State Assurances. PERFORMING 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. ARTICLE 8. Child Abuse Reuorting Requirements [pERFORMING AGENCY is required to comply with this article only as related to services provided under the following Attachments: Human Immunodeficiency Virus and Sexually Transmitted Diseases (all Attachments), Title X and Title XX (Family Planning), Community Oriented Public Health/Primary Health Care, Title V Maternal and Child Health (Fee-for-service), and Bureau of Nutrition Services/Cards (WIC).] PERFORMING AGENCY and each of its subrecipients shall make a good faith effort to comply with 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 and each of its subrecipients shall develop, implement and enforce a written policy that includes at a minimum the RECEIVING AGENCY'S Child Abuse Screening, Documenting, and Reporting Policy for Grant Services Contractors and train all staff on reporting requirements. PERFORMING AGENCY and its subrecipients shall use the Checklist for TDH Monitoring as required by RECEIVING AGENCY. (The policy and checklist are available at each of the above-referenced programs' websites.) (LGS) 2002 GENERAL PROVISIONS Page 6 04/0 I ARTICLE 9. Intellectual Property i Texas Health and Safety Code ~12.020(a), as amended, 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 thereofwhich 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," a concept under copyright law, 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 a 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 term "works," for purposes offederal copyright law, includes 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 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 made 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, RECEIVING 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. PERFORMING AGENCY 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 RECEIVING AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by (LGS) 2002 GENERAL PROVISIONS Page 7 04/01 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 (I) the copyright in any work developed under a grant, subgrant, 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 agency)." 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, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a contractor purchases ownership with 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 ofthe 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 "@ (the year of publication), Texas Department of Health, 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 9401.14 or Federal Acquisition Regulations 52,227.11. ARTICLE 10. Historically Underutilized Businesses RECEIVING AGENCY shall comply with Texas Government Code, Chapter2161, and 1 TAC 99111.11-111.24 et seq., 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) 2002 GENERAL PROVISIONS Page 8 04/01 If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a good faith effort ~o subcontract with HUBs during the performance of its contract Attachment(s) with RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. ARTICLE 11. Conflict of Interest 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. ARTICLE 12. Certification of Software. Hardware. Firmware and Micro Code Products 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 operate "accurately" in the manner in which they were intended 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 RECEIVING AGENCY or an agency of the federal government. PERFORMING AGENCY is responsible for installing and implementing any 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, a) "accurately" is defined to include the following: 1) calculations must be correctly performed using four-digit year processing; 2) functionality-on-Iine, batch including entry, inquiry, maintenance and updates must support four-digit year processing; 3) interfaces and reports must support four-digit year processing; 4) processing with a four-digit year must occur without human intervention; 5) correct results in forward and backward date calculation spanning century boundaries must be provided; 6) correct leap year calculations must be performed; and, 7) processing correct results in forward and backward date calculation spanning century boundaries must occur; b) "date integrity" shall mean all manipulations oftime-related data (dates, durations, days of week, etc.) will produce desired results for all valid date values within the application domain; c) "explicit century" shall mean date elements in interfaces and data storage permit specifying century to eliminate date ambiguity; d) "extraordinary actions" shall be defined to mean any action outside the normal documented processing steps identified in the product's reference documentation; (LGS) 2002 GENERAL PROVISIONS Page 9 04/01 e) "general integrity" shall mean no value for current date will cause interruptions in desired operation; i f) "implicit century" shall mean for any data element without century, the correct century is unambiguous for all manipulations involving that document; g) "product" or "products" shall be defined to include, but is not limited to, any supplied or supported hardware, software, firmware and/or micro code; h) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year. PERFORMING AGENCY and its subrecipient(s) must obtain a warranty from any vendor/licensor 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 contract/license shall possess general integrity, date integrity, explicit and implicit century capabilities. If the contract/license 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 ofthis 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 contractorDs 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 if its 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 under the contract/license. RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt. ARTICLE 13. Standards for Financial and Proerammatic Manaeement 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 accounting records, that identify the source and application of funds provided under each Attachment, and that support the information contained in required financial reports; 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 making reasonable efforts to collect from patients and third parties. (LGS) 2002 GENERAL PROVISIONS Page 10 04/01 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 party 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 provided by PERFORMING AGENCY at no cost to the client. PERFORMING 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. Bondin!!: 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 oflosses 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. Fundin!!: Participation Requirement PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in securing other funding unless directed or approved by RECEIVING AGENCY. ARTICLE 16. Allowable Costs and Audit Requirements 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* Administrative Requirements* OMB Circular A-87, State, Local and Tribal Governments OMB Circular A-l33 and UGMS UGMS * OMB Circulars shall be applied with the modifications prescribed by UGMS. (LGS) 2002 GENERAL PROVISIONS Page 11 04/01 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, Part IV, "State of Texas Single Audit Circular." 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, Government Auditing Standards, and UGMS. PERFORMING AGENCY shall procure 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. RECEIVING 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 of Payment 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. PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for reimbursement under this contract and prior to claiming reimbursement. PERFORMING 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 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) for costs encumbered on or before the last day of the Attachment term. Reimbursement requests submitted and postmarked more than 90 days following the end of the applicable Attachment term may not be paid, at the discretion of RECEIVING AGENCY. 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. Funding from this contract may not be used to supplant [i.e" use in place of funds dedicated, appropriated or expended for activities funded through the Attachment(s)] 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 shall make a good faith effort to maintain its current level of support. PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under any Attachment. RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within 30 days of written notice, (LOS) 2002 GENERAL PROVISIONS Page 12 04/01 RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset reimbursement for any ineligible expenditures that PERFORMI~G AGENCY has not refunded to RECEIVING AGENCY, or if fInancial status report(s) required under the Reports Article are not submitted by the date(s) due, 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 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 period 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 written notification to PERFORMING AGENCY. RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term ofthe applicable Attachment(s). For each Attachment, the amount of the advance shall not exceed 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 of funding, RECEIVING AGENCY may adjust the amount of 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. Proe;ram Income PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a schedule offees for personal health services in accordance with the provisions of Health and Safety Code S 12,031; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 T AC S 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 term of the Attachment(s) are considered program income. 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. 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: A, Additive method - add the program income to the funds already committed to the project by both parties. (LGS) 2002 GENERAL PROVISIONS Page 13 04/0 I B. Deductive method - deduct the program income from the total allowable costs to determine the net allowable costs. I PERFORMING 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 Attachment(s). ARTICLE 20. Overtime Compensation 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 employees, 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. Eauipment and Supplies In accordance with Health and Safety Code, ~12.053, 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 personal property with an acquisition cost of more than $1,000 and a useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances, and incubators. If the unit cost of these exception items is more than $500, they will be considered equipment, must be approved for purchase by RECEIVING AGENCY, and are considered capital assets for inventory purposes. The acquisition cost is the net invoice unit price of an item of equipment, including the cost of any necessary modifications, attachments, accessories or auxiliary apparatus necessary to make the property usable for the purpose for which it was acquired. Supplies are defined as consumable items necessary to carry out the contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above, All items of equipment purchased with Attachment funds must be itemized in the contract budget. Any changes to the equipment list contained in the budget must be approved in writing by RECEIVING AGENCY. PERFORMING AGENCY will submit a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, RECEIVING AGENCY will notify PERFORMING AGENCY by means of a written budget modification. PERFORMING AGENCY shall maintain a nonexpendable personal property (equipment) inventory and submit an annual cumulative report (TDH Form GC-11) to RECEMNG 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, If any item of equipment is (LGS) 2002 GENERAL PROVISIONS Page 14 04/0 I no longer needed to perform services under the contract or becomes inoperable, PERFORMING AGENCY shall request disposition instructions in writing from RE~EIVING AGENCY, Upon termination or expiration of applicable Attachment(s) that are not renewed, title to any remaining equipment and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other 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 with Subrecipients PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in specific Attachment(s), 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. 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); · records retention requirements consistent with UGMS; · 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, · all clauses required by state/federal statutes, executive orders, and their implementing regulations. PERFORMING AGENCY agrees 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. PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. PERFORMING AGENCY will monitor both financial and programmatic performance and maintain pertinent records that will be available for inspection by 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, UGMS 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; and, that RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation of contract funds by subrecipients. 2002 GENERAL PROVISIONS Page 15 04/01 . . . . (LGS) 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: · 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$10,000). · Compliance with the Copeland "Anti-Kickback" Act (18 USC 9874) 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 Hours and Safety Standards Act (40 USC 99327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 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 trademarks, service marks, copyrights, and 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 the required retention period after RECEIVING AGENCY makes final payments and all other pending matters are closed. · Compliance with all applicable standards, orders, or requirements issued undet: 306 of the Clean Air Act (42 USC 91857(h)), 9508 of the Clean Water Act (33 USC 91368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $1 00,000). · 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), 42 USC 996201, et seq., as amended. ARTICLE 24. Reports Financial reports are required as provided in UGMS, 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 (TDH (LaS) 2002 GENERAL PROVISIONS Page 16 04/01 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 with the final financial report if all costs have not been recovered, or PERFORMINb AGENCY shall refund excess monies if costs incurred were less than funds received. - PERFORMING AGENCY shall submit program and progress reports required by RECEIVING AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY other reports including financial reports RECEIVING AGENCY determines necessary to accomplish the objectives of this contract and to monitor compliance, 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), ifany, and the premises on which the work is being performed. PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be conducted 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 Attach.ment(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 and preserve all records relating to this contract generated or collected by PERFORMING AGENCY or subgrantee thereof according to Texas Government Code ~441.006, 13 T AC ~6.1 0, RECEIVING AGENCY'S certified records retention schedule, and UGMS, Part III, "State Uniform Administrative Requirements for Grants and Cooperative Agreements," Subpart C - Post-Award Requirements, item _.42. Any record held by PERFORMING AGENCY which is not identified in the referenced retention schedules will be retained by PERFORMING AGENCY 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 order(s) requiring record retention are dissolved, whichever time period is longer. PERFORMING AGENCY shall retain medical records in accordance with the governing rules or regulations which may be applicable. (LGS) 2002 GENERAL PROVISIONS Page 17 04/01 The retention schedules referenced in this Article are incorporated by reference and made a part of this contract. PERFORMING AGENCY may obtain a copy ofthe record retention schedules or the Texas Department of Health Records Handbook by contacting RECEIVING AGENCY'S Records Coordinator. . Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein, ARTICLE 27. Patient or Client Records Notwithstanding any other provision herein, ifrequested by RECEIVING AGENCY, PERFORMING AGENCY shall share all patient or client information with RECEIVING AGENCY when the contract involves patient or client 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. 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 client 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 Occupations Code, Chapter 159, as amended. ARTICLE 28. 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 accordance with applicable law. If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING AGENCY'S policies based on the model mv / AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Health and Safety Code 9~85.112-114. ARTICLE 29. Sanctions RECEIVING AGENCY may impose sanctions for any breach of contract, and will monitor 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 determine sanctions on a case-by-case basis. A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless (LGS) 2002 GENERAL PROVISIONS Page 18 04/0 I 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 PERFORMING AGENCY'S authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by PERFORMING AGENCY of the authority to obligate previously awarded funds. PERFORMING 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: (I) withdrawal of funds awarded on the basis of PERFORMING AGENCY'S underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated 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 otherwise illegal or invalid from inception; 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, Permanent 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 billings; 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; 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; (LGS) 2002 GENERAL PROVISIONS Page 19 04/01 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 offunds 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; O. 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 imposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and stating how PERFORMING 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 (see 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: · PERFORMING 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, providing 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; (LGS) 2002 GENERAL PROVISIONS Page 20 04/01 . PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in accprdance 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. Sanction Review PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or part ofthe contract, suspension of all or part of the contract, permanent withholding of cash payments, reduction of contract funding or other contract amendment resulting from noncompliance, and denial of contract renewal or future contract awards. PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen (IS) days from the date of notification by providing written notice of the dispute to the person who signed the notification. PERFORMING AGENCY'S notice shall contain the following: (I) 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 ofthe following documents: (1) 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 additional 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 ofthis 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. (LGS) 2002 GENERAL PROVISIONS Page 21 04/01 ARTICLE 32. Termination i 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 party. (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, 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 any other conduct that jeopardizes the contract objectives, by giving at least 30 days written notice to PERFORMING AGENCY. Such conduct may include one or more of the following: (a) A court of competent jurisdiction finds that PERFORMING 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 subrecipients 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; (LaS) 2002 GENERAL PROVISIONS Page 22 04/01 (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$50,000 (which is not covered by insurance) is rendered by any court or governmental body against PERFORMING 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 longer period during which execution of the judgment shall have been stayed, appeal therefrom and cause the execution thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles. C. Emergency termination, In emergency circumstances, RECEIVING AGENCY may terminate the contract immediately upon notice to PERFORMING AGENCY 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 retain 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. Local 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 (LGS) 2002 GENERAL PROVISIONS Page 23 04/01 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 po'sition 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. PERFORMING 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. PERFORMING 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 ofthis 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. PERFORMING 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 party 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. Construction of Ambie;uities The parties expressly agree that they have each independently read and understood this contract. Any ambiguities in this contract will not be construed against the drafters. ARTICLE 38. No Waiver of Sovereie;n Immunity (LGS) 2002 GENERAL PROVISIONS Page 24 04/01 THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF TillS CONTRACT IS IN ANYWAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. ARTICLE 39. Certifications 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. (IGS) 2002 GENERAL PROVISIONS Page 25 04/01 DOCUMENT NO. 7560022067-2002 AITACHMENTNO.Ol PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF REGIONALILOCAL HEALTH OPERATIONS TERM: September 01,2001 THRU: August 31,2002 SECTION I. SCOPE OF WORK: ESSENTIAL PUBLIC HEALTH SERVICES PERFORMING AGENCY shall use direct assistance and/or financial assistance, as specified in SECTION III., BUDGET, from RECEIVING AGENCY to deliver one or more of the following essential public health services as specified in PERFORMING AGENCY'S FY 02 Service Delivery Plan, which is adopted by reference: · Monitor the health status of individuals in the community to identify community health problems; · Diagnose and investigate community health problems and community health hazards; · Inform, educate, and empower the community with respect to health issues; · Mobilize community partnerships to identify and solve community health problems; · Develop policies and plans that support individual and community efforts to improve health; · Enforce laws and rules that protect the public health and ensure safety in accordance with those laws and rules; \ · Link individuals who have a need for community and personal health services to appropriate community and private providers; · Ensure a competent workforce for the provision of essential public health services; · Research for new insights and innovative solutions to community health problems; and · Evaluate the effectiveness, accessibility and quality of personal and population based health services in a community. Two types of support are available under this program: (1) direct assistance in the form of state- paid positions and/or (2) financial assistance from General Revenue funds and the Preventive Health and Health Services Block Grant. DIRECT ASSISTANCE A IT ACHMENT - Page 1 State-paid positions under this contract Attachment shall perform activities as specified in PERFORMING AGENCY'S FY 02 Service Delivery Plan. Activities shall be specific to one or more of the ten essential publi~ health services or cardiovascular and cancer activities. FINANCIAL ASSISTANCE PERFORMING AGENCY shall direct General Revenue or 73.5% of the funds toward the delivery of a broad range of essential public health services and the Preventive Health and Health Services Block Grant or 26.5% of the funds for activities designed to reduce the incidence of cancer and cardiovascular disease. PERFORMANCE MEASURES The following performance measure(s) will be used to assess, in part, PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. For the General Revenue funds the PERFORMING AGENCY shall participate in one of the three stages of the National Public Health Performance Standard (NPS) Model specified in the attached PERFORMING AGENCY'S Service Delivery Plan. The three stages include: 1. NPS Survey Stage: PERFORMING AGENCY shall complete the NPS survey and submit the completed survey to the appropriate RECEIVING AGENCY Regional Director no later than August 31, 2002. 2. Systems Improvement Plan (SIP) Design Stage: PERFORMING AGENCY shall develop a Local Public Health SIP and submit the developed SIP to the appropriate RECEIVING AGENCY Regional Director no later than August 31, 2002, An enhanced model of a system improvement process may be performed, such as Assessment Protocols for Excellence in Public Health (APEXP H), Mobilizing for Action through' Planning and Partnerships (MAPP also formerly known as APEXP H) or other system improvement process. The system improvement process shall be approved by the appropriate RECEIVING AGENCY Regional Director. 3. SIP Implementation Stage: PERFORMING AGENCY shall implement and evaluate the SIP, and submit findings and recommendations to the appropriate RECEIVING AGENCY Regional Director no later than August 31, 2002. For the Preventive Health and Health Services Block funds the PERFORMING AGENCY shall complete activities in the approved Service Delivery Plan to reduce cardiovascular disease and cancer in the PERFORMING AGENCY'S jurisdiction no later than August 31,2002. SECTION II. SPECIAL PROVISIONS: A IT ACHMENT - Page 2 General Provisions, Reports Article, is revised to include the following paragraph: PERFORMING AGENCY shall submit an Annual Expenditures and Activities Report to the appropriate RECEIVING AGENCY Regional Director within sixty (60) days following the end of PERFORMING AGENCY'S fiscal year. A TT ACHMENT - Page 3 SECTION III. BUDGET: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER $93,015.00 28,389.00 0.00 0.00 0.00 0.00 0.00 TOTAL DIRECT CHARGES INDIRECT CHARGES TOTAL $121,404.00 $0.00 $121,404,00 Total reimbursements will not exceed $ 121,404.00. Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th of November. A IT ACHMENT - Page 4 CE. .IFICATION REGARDING LOBB..~G CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE AGREEMENTS The undersigned cer'tifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, ~nd the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. . (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-1ll, "Disclosure Form to Report Lobbying," in accordance with it's instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not n $100,000 for each such failure. 07-23""72001 Date ANTHONY BETHEL Print Name of Authorized Individual 7560022067 2002-01 ApplIcatIon or {;ontract Number PARIS-LAMAR COUNTY HEALTH DEPARTMENT UrgamzatIon Name and Address 740 SOUTHWEST 6TH. PARIS, TX 75460-0000 DOCUMENT NO. 7560022067-2002 ATTACHMENT NO. 02 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: ASSOCIATE COMMISSIONER FOR F AMIL Y HEALTH TERM: September 01, 2001 THRU: August 31, 2002 SECTION 1. SCOPE OF WORK: PERFORMING AGENCY shall deliver comprehensive health care services to eligible low- income individuals as authorized under the Health and Safety Code, Chapter 31, Texas Primary Health Care Services Act. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this contract Attachment unless amended. The following documents are incorporated by reference and made a part of this contract Attachment. These include: · RECEIVING AGENCY Family & Community Health Services Grants FY2002 Competitive Request For Proposal (RFP); · PERFORMING AGENCY FY2002 Competitive Application and any revisions; · RECEIVING AGENCY'S Primary Health Care Program Rules, 25 TAC, Chapter 39; · RECEIVING AGENCY'S Primary Health Care (PHC) Handbook, and any revisions; · Texas Primary Health Care Services Act, Health and Safety Code, Chapter 31; · RECEIVING AGENCY'S Client Services Standards for Public Health and Community Clinics, revised June 1997; · Service-specific standards/guidelines set by RECEIVING AGENCY'S Programs for the particular client services provided; and . Changes in income guidelines as determined by RECEIVING AGENCY. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue performance under this Attachment in compliance with the amended standard(s) or guideline(s). RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. ATTACHMENT - Page 1 PERFORMING AGENCY shall report on: · Screening, referral and PHC eligibility services (PHC-200) · Client intake - new and recertified clients (PHC-200) · Number ofPHC eligible clients receiving medical services (PHC-200) · Clients served by quarter (PHC-200) · Cost and type of services provided (PHC-200) · Client demographic data (PHC-300) (annual) PERFORMING AGENCY shall report quality measures on the: · Clinical Process = Outcome Measures report (PHC-301) · Client Satisfaction Survey (PHC-302) (annual) PERFORMING AGENCY shall use the required eligibility system as described in the PHC Handbook and use TESS (Texas Eligibility Screening System) or other system. designated by RECEIVING AGENCY as the initial step. PERFORMING AGENCY shall make reasonable efforts to investigate and apply for all other sources of third party funding available to or identified by the patient before submitting claims for allowable costs to RECEIVING AGENCY Program. When each client is enrolled, the client shall be assigned to a specific primary care provider for preventive, episodic and chronic care to foster continuity and efficiency of care. PERFORMING AGENCY shall provide services to 1,015 clients who live or who receive services in the following county(ies)larea: Delta, Fannin, Hopkins, Lamar, Red River, Titus. SECTION II. SPECIAL PROVISIONS General Provisions, Reports Article, is revised to include the following: PERFORMING AGENCY shall submit a Program Services Report on or before the following dates: January 15, April 15, July 15 and October 15. A final Program Services Report shall be submitted on or before November 15. RECEIVING AGENCY Program requires comprehensive reports which allow the Program to assess the volume and quality of services being provided. A TT ACHMENT - Page 2 SECTION IlL BUDGET: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER $116,000.00 20,000.00 1,500.00 0.00 5,500.00 31,000.00 6,000.00 TOTAL DIRECT CHARGES INDIRECT CHARGES TOTAL $180,000.00 $0.00 $180,000.00 Total reimbursements will not exceed $180,000.00 . Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th of November. A IT ACHMENT - Page 3 DOCUMENT NO. 7560022067-2002 ATTACHMENT NO. 03 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: IMMUNIZATION DIVISION TERM: September 01, 2001 THRU: August 31, 2002 SECTION I. SCOPE OF WORK: The goal of RECEIVING AGENCY Program is to prevent, control, and eliminate vaccine- preventable diseases by providing and administering biologicals, promoting immunizations, conducting vaccine-preventable disease surveillance, assessing vaccine coverage levels, and applying principles of epidemiology and outbreak control measures within budgetary constraints. PERFORMING AGENCY shall implement an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children two years of age or younger (less than 36 months of age). PERFORMING AGENCY shall incorporate traditional and non-traditional, systematic approaches designed to eliminate barriers, expand immunization delivery, and establish uniform policies. PERFORMING AGENCY shall provide services as outlined in PERFORMING AGENCY'S Fiscal Year (FY) 2002 Contract Renewal Application and Work Plan and revisions, if any, as agreed to and approved by RECEIVING AGENCY Program. These documents are adopted by reference and made a part of this contract Attachment. Any revisions to these documents shall be approved by RECEIVING AGENCY Program and transmitted in writing to PERFORMING AGENCY. PERFORMING AGENCY shall report all reportable conditions as specified in 25 TAC ~~97.61- 97.77 and 97.101-97.102. PERFORMING AGENCY shall report all vaccine adverse event occurrences in accordance with the National Childhood Vaccine Injury Act of 1986. PERFORMING AGENCY shall inform and educate the public about vaccines and vaccine- preventable diseases. PERFORMING AGENCY shall develop policies and plans that support individual and community-based immunization strategies and evaluate effectiveness, accessibility, and quality of personal and population-based immunization services and program activities. A IT ACHMENT - Page 1 PERFORMING AGENCY shall ensure a health care workforce that is knowledgeable about vaccines, vaccine-preventable diseases, and delivery of vaccination services. · PERFORMING AGENCY shall assist in distributing state-supplied vaccines to Texas Health Steps providers, Medicaid providers, physicians, and other providers and organizations within PERFORMING AGENCY'S local area. PERFORMING AGENCY shall not deny vaccinations to recipients because they do not reside within PERFORMING AGENCY'S jurisdiction. PERFORMING AGENCY shall maintain an accurate, up-to-date list of clinics and sites where public sector (free or low cost) immunization services are offered in PERFORMING AGENCY'S local area. No fee may be charged for vaccines provided by RECEIVING AGENCY Program. All vaccines obtained from RECEIVING AGENCY Program shall be used solely for purposes of this contract Attachment and shall not be sold to agencies or individuals. PERFORMING AGENCY shall not collect vaccine administration fees from Medicaid recipients. Vaccine administration fees collected from non-Medicaid patients shall be kept within guidelines established by RECEIVING AGENCY. In accordance with 25 TAC ~1.91, no one shall be denied immunization services in public clinics because of inability to pay the administration fee. Fee schedules shall not be based on vaccine type, formulation, or dose in series. A copy of PERFORMING AGENCY'S fee schedule shall be submitted to RECEIVING AGENCY Program with the submission of the FY 2002 Contract Renewal Application and Work Plan. All equipment and vaccine used by PERFORMING AGENCY which are provided by RECEIVING AGENCY Program, shall be accounted for as public property. RECEIVING AGENCY Program will investigate equipment or vaccine loss, destruction, spoilage, or other waste and may require PERFORMING AGENCY to replace or reimburse RECEIVING AGENCY Program. PERFORMING AGENCY shall provide the parent, managing conservator, or guardian of each patient with a form that is approved by RECEIVING AGENCY Program in compliance with 25 TAC, Chapter 100 to authorize participation in the statewide immunization registry (ImmTrac). PERFORMING AGENCY shall provide RECEIVING AGENCY Program weekly data transfers of all vaccines administered in a format that is compatible for inclusion in the statewide immunization registry (ImmTrac). PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this contract Attachment A TT ACHMENT - Page 2 unless amended. The following documents are incorporated by reference and made a part of this contract Attachment. · PERFORMING AGENCY'S FY 2002 Contract Renewal Application, and any reVISIOns; · Human Resources Code ~42.043, VTCA; · Education Code SS38.001-38.002, VTCA; · Health and Safety Code SS81.023 and 161.001-161.009, VTCA; · 25 TAC ~~97.61-97.77 and 97.101-97.102; · 25 T AC, Chapter 96; · 25 T AC, Chapter 100; · 42 USC ~S247b and 300 aa-25; · Omnibus Budget Reconciliation Act of 1993, 26 USC S4980B; · RECEIVING AGENCY'S Client Services Standards for Public Health and Community Clinics, revised June 1997; · RECEIVING AGENCY'S Vaccine-Preventable Disease Surveillance guidelines, http://www.tdh.state.tx.us/immunize/docs/guide.htm; · RECEIVING AGENCY'S Pharmacy guidelines; · Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) guidelines, including the statement: "Immunization of Health-Care Workers"; and · Standards for Pediatric Immunization Practices, February 1996, recommended by the National Vaccine Advisory Committee, approved by the United States Public Health Service, and endorsed by the American Academy of Pediatrics. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue performance under this Attachment in compliance with the amended standard(s) or guideline(s). RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. PERFORMANCE MEASURES The following performance measure(s) will be used, in part, to assess PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment to the service area, without waiving the enforceability of any of the terms of the contract. PERFORMING AGENCY shall investigate 100% of all reported vaccine-preventable diseases in accordance with RECEIVING AGENCY'S Vaccine-Preventable Disease Surveillance Guidelines. PERFORMING AGENCY shall investigate 100% of suspected hepatitis B infections in pregnant women to assure appropriate treatment and follow-up as directed by Health and ATTACHMENT - Page 3 Safety Code g81.090 and RECEIVING AGENCY'S Vaccine-Preventable Disease Surveillance Guidelines. PERFORMING AGENCY shall provide RECEIVING AGENCY Program monthly reports of doses administered submitted by the fifteenth calendar day of each month for the previous calendar month, in formats approved by RECEIVING AGENCY Program. PERFORMING AGENCY shall implement an immunization reminder and/or recall system to notify parents or guardians of children less than 36 months of age when immunizations are due. The notifications may be automated or manual and may consist of mail or telephone contacts. PERFORMING AGENCY shall conduct immunization audits In 100% of assigned childcare facilities and registered family homes. PERFORMING AGENCY shall conduct annual assessments in 100% of local health department sites, sub-contracted entities, and WIC clinics using the Assessment Feedback Initiative eXchange (AFIX) methodology. PERFORMING AGENCY shall submit assessment results to RECEIVING AGENCY Program within two (2) weeks after completion. PERFORMING AGENCY shall offer to conduct annual assessments in 100% of Texas Vaccines for Children (TVFC)-enrolled private provider sites using the Assessment Feedback Initiative Exchange (AFIX) methodology. PERFORMING AGENCY shall conduct monitoring visits in 0% of Texas Vaccines for Children Program (TVFC)-enrolled provider sites using the RECEIVING AGENCY'S monitoring tool and methodology. PERFORMING AGENCY shall submit monitoring report to RECEIVING AGENCY Program within two (2) weeks after completion of visit. PERFORMING AGENCY shall recruit and enroll providers into the TVFC program. SECTION II. SPECIAL PROVISIONS General Provisions, Reports Article, is revised to include the following: PERFORMING AGENCY shall submit quarterly program reports to RECEIVING AGENCY Program according to the following time1ines and in the formats provided by RECEIVING AGENCY Program. A TT ACHMENT - Page 4 NAME OF REPORT APPLICABLE QUARTERS DUE DATES Immunization Program - September, October, November December 30 Performance Measure December, January, February March 30 Quarterly Report March, April, May June 30 June, July, August September 30 Immunization Program - September, October, November December 30 Recruitment Quarterly Report December, January, February March 30 March, April, May June 30 June, July, August September 30 For immunization activities performed under this contract Attachment, General Provisions, Overtime Compensation Article is not applicable. In addition, PERFORMING AGENCY shall comply with the following paragraphs: PERFORMING AGENCY is authorized to pay employees who are not exempt under the Fair Labor Standards Act (FLSA), 29 USC, Chapter 8, S201 et seq., for overtime or compensatory time at the rate of time and one-half per FLSA. PERFORMING AGENCY is authorized to pay employees who are exempt under FLSA on a straight time basis for work performed on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations. Authorization for payment under this provision is limited to work directly related to immunization activities and shall be in accordance with the amount budgeted in this contract Attachment. PERFORMING AGENCY shall document proper authorization or approval for any work performed by exempt or non-exempt employees in excess of forty (40) hours per work week. A IT ACHMENT - Page 5 SECTION III. BUDGET: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT* SUPPLIES CONTRACTUAL OTHER $29,081.00 8,724.00 2,108.00 3,500.00 7,000.00 500.00 2,610.00 TOTAL DIRECT CHARGES INDIRECT CHARGES TOTAL $53,523.00 $0.00 $53,523.00 Total reimbursements will not exceed $53,523.00. Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th of November. * Equipment list attached. A TT ACHMENT - Page 6 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT I RECEIVING AGENCY PROGRAM: IMMUNIZA nON DIVISION TDH DOC. NO: 7560022067 02 AITACHMENTNO: 03 Change No. 01 EQUIPMENT LIST ITEM DESCRIPTION NO. OF UNIT EXTENSION UNITS COST 001 Dell Laptop Computer; Celeron 700 MHz; 14.1" X GA TFT Display; 64 MB 2 1,750.00 $ 3,500.00 RAM; 5GB Hard Drive; 10/1 00 Ethernet Card; 24X CD; Extra Battery; Shipping and Handling. TOTALS I $ 3,500.00 Items may be brand name, if specified, or equivalent. Equipment List Page 1