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1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP .\ ,. . . RESOLUTION NO. 97-120 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 98, 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, Michael E. Malone, 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, that the form of the Contract for Public Health Services, TDH Document No. 75600022067 98, attached hereto as Exhibit A, be, and the same are hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, 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, under the terms and conditions and in the forms shown in Exhibit A, attached hereto. PASSED AND ADOPTED lli;, 9lli day of ("'O~ Eric S. Clifford, Mayor ~" ATTEST: Mattie Cunningham, City Clerk CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7560022067 98 Contract Issued by: TEXAS DEPARTMENT OF HEALTH DM (RECEIVING AGENCY) 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 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 (City, State, Zip) STREET ADDRESS: 740 SOUTHWEST 6TH. PARIS TX 75460-0000 (City, State, Zip) NAME OF AtrrHORIZED CONTRACTING ENTITY: CITY OF PARIS (It dirrerent 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 Identilication No. (14 digits) PAYEE AGENCY Fiscal 17560022067001 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, ami Women. The HUB must be certified by General Services Commission or another entity. For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE 1 - Receiving and Performing Agency Dala GENERAL PROVISIONS COVER PAGE 2 - Details of Attachment(s) A TT ACHMENT(S) COVER PAGE 3 - Authorized Signatures EXHIBITS, IF APPLICABLE . , Cover Page 1 EXHIBIT A DE \ILS OF ATTACHME.'S Alll TDH Term Financial Assistance Direct Total Amount Amd Programl Assistance (TD H Share) No. m Begin End Source of Amount Funds' 01 BCNSICARDS 10/01/97 09/30/98 10.557 93.268 0.00 0.00 0.00 TDH Document No.7560022067 98 Totals $0.00 $0.00 $0.00 'Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA). if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CITY OF PARIS 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: 09-10-97 RECOMMENDED: By: RECEIVING AGENCY NAME: TEXAS DEPARTMENT OF HEALTH By: Linda Farrow. Chief Bureau of Financial Services (Name and Title) Date: Cj-I-<1rr APPROVED AS TO FORM: By:xld)Jj!~ AUG Z'l 19'37: Office of General Counsel TDH Document No: 7560022067 98 Cover Page 3 .' , " GENERAL PROVISIONS FOR TEXAS DEPARlMENT OF HEALTH CONTRACTS PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this contract, to faithfully perform the duties prescribed by this contract, and to uphold and abide by the terms and provisions of this contract. PERFORMING AGENCY and RECEIVING AGENCY agree that this contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, general and/or special provisions, Attachment(s) with detailed Scope(s) of Work. 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 the following terms and conditions unless otherwise specified in the Attachment(s) hereto: ARTICLE 1. Scope or Work PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work contained in the Attachment(s) hereto (which is/are referenced in the Details of Attachments) and hereby incorporated into this contract for all purposes as though it were set out word-for-word in this document along with any amendments. Satisfactory performance of this contract will be measured in part by: 1) adherence to the contract; 2) results of CPA or State Auditor reports; 3) timeliness. completeness, and accuracy of required reports; and 4) achievement of performance measures. ARTICLE 2. :rmn 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. Fundinl! This contract is contingent upon the availability of funding for the term of the Attachment(s). and PERFORMING AGENCY will have no right of action against the State of Texas or the RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable. provisions of the Termination Article will apply. ARTICLE 4. Amendments or Modifications I No different or additional services, work, or products shall be authorized or performed except pursuant to an amendment or modification of this contract that is executed in compliance with this Article. No waiver of any term, (LHS) 1998 GENERAL PROVISIONS - Page 1 (8/97) ",.," covenant, or condition of this contract shall be valid unless executed in compliance with this Article. The PERFORMING AGENCY shall not be entitled to payment for any services, work, or products which are not authorized by a properly executed contract amendment or modification. .' This contract may be modified unilaterally under the terms of the Sanctions and Terminations Articles. Otherwise, this contract may not be amended or modified unless such amendment or modification is in writing and signed by individuals with authority to bind the parties. ARTICLE 5. Severabilitv If any provision of this contract is construed to be illegal or invalid, this will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated herein, but all other provisions will continue. ARTICLE 6. Apnlicable Laws and Standards This contract will be governed by the laws of the State of Texas and enabling state and federal regulations, including federal grant requirements applicable to funding sources. If PERFORMING AGENCY is a local govenunentaI public health entity, this contract will also be governed by the Local Public Health Reorganization Act, Chapter 121, Health and Safety Code. PERFORMING AGENCY agrees the Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Chapter 783, VTCA, and the Uniform Grant and Contract Management Standards (UGCMS) as amended by revised federal circulars and incorporated in UGCMS by the Governor's Budget and Planning Office, apply as terms and conditions of this contract, and are adopted by reference in their entirety. If a conflict arises between the provisions of this contract and the provisions of UGCMA and UGCMS, the provisions of UGCMA and UGCMS will prevail unless expressly stated otherwise. A copy of the UGCMS manual and its references will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. PERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major project changes which are specified in the applicable Administrative Requirements and Costs Principles. A listing of the Administrative Requirements and Cost Principles is contained in tllis contract in the Allowable Costs and Audit Requirements Article. Copies of these documents will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request and are incorporated by reference as a condition of this contract. In accordance with 31 USC ~ 1352, PERFORMING AGENCY may not use funds granted under this contract to lobby Congress or any agency in connection with a specific grant or contract. If at any time a contract exceeds $100,000, the PERFORMING AGENCY shall certify that none of tlle funds provided by RECEIVING AGENCY to PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding source. if a contract Attachment exceeds $100.000, PERFORMING AGENCY shall provide to RECEIVING AGENCY a certification of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall forward to RECEIVING AGENCY the executed certification form along with the names of any lobbyists, if applicable, within 90 days of receipt of the executed contract. The certification form is available from RECEIVING AGENCY upon request. In accordance with the Tax Code, Chapter 171, VTCA, PERFORMING AGENCY, if a corporation, certifies by execution of this contract that its payment of franchise taxes is currently in "good standing" with the State of Texas. If PERFORMING AGENCY is exempt from payment of franchise taxes, PERFORMING AGENCY certifies by execution of this contract that it is not subject to the State of Texas franchise tax. A false statement regarding franchise tax status will be treated as a material breach of this contract and may be grounds for termination at the option of (LHS) 1998 GENERAL PROVISIONS - Page 2 (8/97) '. RECEIVING AGENCY. If franchise tax payments become delinquent during the Allachmentterm, payments under this contract will be withheld until PERFORMING AGENCY's delinquent franchise tax is paid in full. ARTICLE 7. Debannent and SusDension PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549. Debarment and Suspension. PERFORMING AGENCY certifies, by submission of this contract. that neilber 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. Where the PERFORMING AGENCY is unable to certify to any of the statements in this certification, PERFORMING AGENCY shall attach an explanation. PERFORMING AGENCY specifically asserts that it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency and that it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of the balance. A false statement regarding PERFORMING AGENCY's status will be treated as a material breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY. ARTICLE 8. 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 contlict of interest, or personal gain. To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully comply with the following: A. Title VI of the Civil Rights Act of 1964, 42 USC !l!l2000d, el seq.: B. Section 504 of the Rehabilitation Act of 1973, 29 USC !l794(a); C. The Americans with Disabilities Act of 1990, 42 USC !l!l12101, el seq.; and D. All amendments to each and all requirements imposed by the regulations issued pursuant to these acts, especially 45 CFR Part 80 (relating to race. color and national origin), 45 CPR Part 84 (relating to handicap), 45 CPR Part 86 (relating to sex), and 45 CPR Part 91 (relating to age). Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the basis of race. color, national origin, age, sex, disability, or political or religious beliefs. PERFORMING AGENCY agrees that in carrying out the terms of this contract, it will do so in a manner which will assist RECEIVING AGENCY to comply with such obligations to the fullest extent of PERFORMING AGENCY's ability. PERFORMING AGENCY will use its best efforts to make available employment opportunities for qualified disabled individuals. PERFORMING AGENCY agrees to comply with the: A. Texas Labor Code, Chapter 21, VTCA, which requires lbat certain employers not discriminate on lbe basis of race, color, disability, religion. sex, national origin, or age. B. Immigration Reform and Control Act of 1986, 8 USC !l!l1324a, el seq., as amended, regarding employment verification and retention of verification forms for any individual(s) hired on or after November 6, 1986. who will perform any labor or services under this contract. C. Pro-Children Act of 1994, 20 USC !l!l6081-6084, regarding the provision of a smoke- free workplace and promoting the non-use of all tobacco products. (LHS) 1998 GENERAL PROVISIONS - Page 3 (8/97) D. Environmental standards which may be prescribed pursuant to the following: (I) Institution of environmental quality control measures Wlder the National Environmental Policy Act of 1969,42 USC ~~4321-4332 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) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, as amended. 42 USC ~~7401 - 7642. (4) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 21 USC ~349, 42 USC ~~300f-300j. E. If applicable. the National Research Service Award Act of 1971, 42 USC ~289L-I and 20 USC ~~2080-6081, regarding the protection of human subjects involved in research, development, and related activities supponed by any applicable award of federal assistance. F. If applicable, the Clinical Laboratory Improvement Amendments of 1988, 42 USC ~263a, which establish federal requirements for the regulation and certification of clinical laboratories. G. If applicable, the Occupational Safety and Health Administration Regulations on Bloodbome Pathogens, 56 Fed. Reg. 64175 (1991), 29 CFR ~1919.030. which set safety standards for those workers and facilities who may handle bloodbome pathogens. PERFORMING AGENCY agrees to comply with the requirements of the Texas Workers' Compensation Act, Labor Code. Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Chapter 410, et seq., which cover compensation for employees' injuries. PERFORMING AGENCY warrants that hardware, software, and firmware products used individually or together as a system to comply with RECEIVING AGENCY contract requirements will be year-2000-compliant on or before the date such hardware, software, firmware and systems are to be impacted. RECEIVING AGENCY warrants that hardware, software, and firmware products used individually or together as a system, developed by RECEIVING AGENCY, and provided to PERFORMING AGENCY for operation will be year-2000-compliant on or before the date such hardware, software, firmware and systems are to be impacted. PERFORMING AGENCY assures it shall not transfer, assigu or sell its interest in this contract, or in any equipment purchased with funds from this contract, without the written consent of the RECEIVING AGENCY. ARTICLE 9. Certification Reeardine License. Certificate. or Permit PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s), agrees and assures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. PERFORMING AGENCY cenifies by signing this contract that, in accordance with Section 163 of Anicle IX of the General Appropriations Act, 75th Legislature, no owner, operator, or administrator of the PERFORMING AGENCY has had a license, cenificate. or permit revoked by any of the Texas state agencies listed below: . Adjutant General's Depanment (LHS) 1998 GENERAL PROVISIONS - Page 4 (8/97) . . . . . . . . . . . . . . . . . . . . . . . Board of Private Investigators and Private Security Agencies Interagency Council on Early Childhood Intervention Texas Alcoholic Beverage Commission Texas Cancer Council Texas Children's Trust Fund of Texas Council Texas Commission for the Deaf and Hard of Hearing Texas Commission on Alcohol and Drug Abuse Texas Commission on Jail Standards Texas Commission on Law Enforcement Officers Standards & Education Texas Commission on Fire Protection Texas Council on Sex Offender Treatment Texas Criminal Justice Policy Council Texas Department of Criminal Justice Texas Department of Human Services Texas Depanment of Mental Health & Mental Retardation Texas Department of Protective and Regulatory Services Texas Department of Public Safety Texas Department of Health Texas Health & Human Services Commission Texas National Guard Armory Board Texas Polygraph Examiners Board Texas Rehabilitation Commission Texas Youth Commission ARTICLE 10. Standards For Financial and Proprammatic Manapement PERFORMING AGENCY shall develop, implement, and maintain fmancial management and control systems that meet or exceed the requirements of UGCMS as detailed in RECEIVING AGENCY's Financial Administrative Procedures Manual. Those requirements shall include at a minimum: A. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; B. Financial management systems including accurate. correct, and complete payroll, accounting, and fmancial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allowability, and allocability of costs; and timely and appropriate audits and resolution of any findings: and, C. Billing and collection policies, including a charge 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 reasooable effons to collect from patients and third panies. In addition, PERFORMING AGENCY shall bill third party payors, at no cost to the client, for services provided under the Attachment(s). These potential payors include, but are not limited to, Medicaid, private insurance carriers, other available federal, state. local, and private funds. PERFORMING AGENCY shall become a Medicaid provider for eligible activities funded in the Attachment(s) hereto and will maximize efforts to obtain payment from Medicaid and all other available sources. PERFORMING AGENCY and Its governing body shall bear full responsibility for the integrity of fiscal and programmatic management. Such responsibility shall include: accountability for all funds and materials received from (LHS) 1998 GENERAL PROVISIONS - Page 5 (8/97) the 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 11. Allowable Costs and Audit Relluirements Only those costs allowable under UGCMSand 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 Principlcs* Audit Requirements* Administrative Requirements* OMB Circular A-87. State & Local Governments OMB Circular A-133 and UGCMS UGCMS . OMB Circulars shall be applied with the modifications prescribed by UGCMS. To be eligible for reimbursement under this contract, a cost must have been incurred by PERFORMING AGENCY within the applicable Attachment term prior to claiming reimbursement from RECEIVING AGENCY. Vouchers for costs encumbered by the last day of the applicable Attachment term must be received by RECEIVING AGENCY no later than 45 days after the end of the applicable Attachment term. PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a fmancial and compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGCMS. 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 must be in accordance with applicable OMB Circulars, Government Auditing Standards, and UGCMS. PERFORMING AGENCY shall procure audit services in compliance with state procurement procedures, as well as the provisions of UGCMS. If PERFORMING AGENCY is not required to have a Single Audit. RECEIVING AGENCY may provide PERFORMING AGENCY with written audit requirements if a limited scope audit will be 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 12. Overtime Comoensatioll 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 defmed as any compensation paid to an individual in addition to the normal rate of pay for hours worked in excess of normal working hours. (LlIS) 1998 GENERAL PROVISIONS - Page 6 (8/97) I '. ARTICLE 13. Terms and Conditions of Pavrnent For services satisfactorily performed pursuant to the Scope(s) of Work set out in the Attachment(s) hereto. PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements are contingent on a signed contract and will not exceed the total of each Allachment(s) hereto. The PERFORMING AGENCY is not entitled to, and shall not pursue, payment for any claim unless the service. work, or product forming the basis of the claim has been authorized in accordance with this contract. PERFORMING AGENCY must submit claims for reimbursement on a State of Texas Purchase Voucher (TOR Form B-I3) or any other form designated by the RECEIVING AGENCY. PERFORMING AGENCY shall submit vouchers for reimbursement monthly within 20 days following the end of the month covered by the bill. PERFORMING AGENCY shall submit a reimbursement claim as a final close-out bill not later than 45 days following the end of the applicable Allachment term(s). Claims submilled and postmarked more than 45 days following the end of the applicable Allachmentterm mayor may not be reimbursed, at the discretion of the RECEIVING AGENCY. PERFORMING AGENCY may request. in writing. to be placed on Direct Deposit status. If this request is approved by RECEIVING AGENCY. PERFORMING AGENCY will no longer receive copies of reimbursement vouchers. Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall use such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity. PERFORMING AGENCY shall maintain its current level of support, if possible. PERFORMING AGENCY shall refund to RECEIVING AGENCY within 30 days any funds PERFORMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not refunded to RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from funds available under any contract Allachment, active or expired, with the same funding source in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. Without waiving rights to impose other sanctions, RECEIVING AGENCY shall temporarily or permanently withhold payment(s) from PERFORMING AGENCY for the following programmatic and financial noncompliance items: . failure to submit required financial reports for previous quarters or for the final period; . failure to respond to financial compliance monitoring reports; . failure to submit required independent audit reports; . failure to meet program requirements as specified in an Attachment's Scope of Work; . inadequate or inappropriate resolution of program or financial monitoring findings . and for other items of noncompliance. ARTICLE 14. Advance Pavrnents PERFORMING AGENCY may request, and with proper justification and RECEIVING AGENCY's approval, receive a one-time advance for each Allachment. Advance funds may be drawn only to meet immediate cash needs for disbursement. PERFORMING AGENCY must request the advance on a State of Texas Purchase Voucher at the beginning of the applicable Allachment period or at a later time in the applicable Attachment period if circumstances so warrant. The Purchase Voucher must be accompanied by wrillen justification and supporting documentation as specified in RECEIVING AGENCY's Financial Administrative Procedures Manual, REIMBURSEMENT PROCEDURES. (LHS) 1998 GENERAL PROVISIONS - Page 7 (8/97) II IfRECEMNG AGENCY concurs with PERFORMING AGENCY's rcquest for an advance, RECEMNG AGENCY will determine the amount of the advance by the amount and term of the applicable Attachment(s). For each Attachment, the amount of the advance sball not exceed an amount equal to the amount of the Attachment divided by the number of months covered by the Attachment multiplied by two (2) less any Program Income carried forward from the previous year. Advance funds will be liquidated during the applicable Attaclunent term so that, after the fInal monthly billing, PERFORMING AGENCY will not have advance funds on hand. Amendments to applicable Attachment(s) which increase or dccrease the total amount of the Attachment may require upward or downward adjustment to the a1lowablc advance in accordance with the above formula. In the case of a downward adjustment, RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY must submit to RECENING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. ARTICLE 15. PrOl!ram Income PERFORMING AGENCY shall develop a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D, Health and Safety Code, VTCA; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 T AC ~ 1.91; and other applicable laws provided, however, that a patient may not be denied a service due to inability to pay. Both parties agree that 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. PERFORMING AGENCY shall identify and report this income quaneriy and annually utilizing the forms and frequencies specifIed in the Financial Reports Article of these provisions. PERFORMING AGENCY shall retain the program income and select either the additive or deductive method for calculating program income: . Under the additive method, PERFORMING AGENCY will add the program income to the funds already committed to the project by both the RECEIVING AGENCY and PERFORMING AGENCY. PERFORMING AGENCY shall use program income to further the program objectives of the state/federal statute under which the Scope of Work for the Attachment(s) was made, and PERFORMING AGENCY shall spend program income on the same project in which it was generated. Program income earned in a current budget period and not expended in that budget period may be carried forward to the next budget period, but PERFORMING AGENCY must spend the program income in the next budget period or the program incnme shall be deducted from program cxpenditures. This policy will apply unless specifically stated otherwise in the Special Provisions of the applicablc contract Attachment(s). . Undcr the deductive method, the PERFORMING AGENCY shall deduct the program income from the total allowable costs to determine the nct allowable costs. RECEIVING AGENCY may base future funding levels, in part, upon the PERFORMING AGENCY's profIciency in identifying, billing, collccting, and reporting program income, and in utilizing it for the purposcs and conditions of the applicable Attachment(s). (LHS) 1998 GENERAL PROVISIONS - Page 8 (8/97) ARTICLE 16. Financial Renorts Financial reports are required as provided in UGCMS, and PERFORMING AGENCY shall file them regardless of whether or not expenses have been incurred. 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 fmancial report on State of Texas Supplemental Form 269a (TDH Form GC-4a), not later than 45 days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds received. ARTICLE 17. Renorts and Insnections PERFORMING AGENCY shall submit [mancial, program, and progress reports as requested by RECEIVING AGENCY in the format agreed to by the parties hereto. PERFORMING AGENCY shall provide RECEIVING AGENCY such other reports as are determined by RECEIVING AGENCY to be necessary for the accomplishment of the objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify RECEIVING AGENCY of this fact. PERFORMING AGENCY's failure to comply with these requirements shall be grounds for the imposition of sanctions as provided for in the Sanctions Article. 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 client or patient records) performed by PERFORMING AGENCY and its subcontractor(s), if any, and the premises on which it is being performed, including subcontractors. PERFORMING AGENCY and its subcontractor(s) shall participate . in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere with the work. PERFORMING AGENCY and its subcontractor(s), if any, shall give RECEIVING AGENCY and the federal government, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and client or patient records of PERFORMING AGENCY and its subcontractor(s), if any, for the purpose of making audit, examination. excerpts. and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's findings. A determination by RECEIVING AGENCY of either an inadequate or inappropriate resolution of the findings may result in the withholding of funds, as provided in the Terms and Conditions of Payment Article and the Sanctions Article. Any such withholding of funds will remain in effect until the deficiencies are properly remedied as determined by RECEIVING AGENCY. PERFORMING AGENCY will retain all such records for a period of three years from the date of the last expenditure report submitted under contract Attachment(s) or until all audit questions are resolved, whichever time period is longer. (LllS) 1998 GENERAL PROVISIONS - Page 9 (8/97) ARTICLE 18. Client Records PERFORMING AGENCY, or any subcontractor. shall not 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; however, the RECEIVING AGENCY may require the PERFORMING AGENCY, or any subcontractor. to transfer a client or paticnt record to another agency or to the RECENING AGENCY if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient. At the end of the Attachment term, all client or patient records are the property of PERFORMING AGENCY. 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. If at any time during the Attachment term(s), PERFORMING AGENCY and/or RECEIVING AGENCY should decide to terminate the agrecment, 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. Notwithstanding any other provision herein, if requested by RECENING AGENCY, the PERFORMING AGENCY shall share all patient information with the RECEIVING AGENCY when the contract involves patient care by the PERFORMING AGENCY. The PERFORMING AGENCY shall attempt to obtain a release of medical information from the client or patient or someone authorized to act on his or her behalf permitting the transfer of information outside the PERFORMING AGENCY on forms supplied by the RECEIVING AGENCY. If the patient refuses to sign the release of information form, thc information will be shared with the RECEIVING AGENCY devoid of all identifiers of a personal nature. as specified by RECEIVING AGENCY. ARTICLE 19. Confidentialitv 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 conncction with the activities funded under contract Attachment(s). PERFORMING AGENCY may not disclose or transfer confidential client or patient information, including information required by the Reports and Inspections Article, cxcept in accordance with applicable law. If providing direct client care, services, or programs, PERFORMING AGENCY shall implement workplace policies based on the model guidelines adopted by RECEIVING AGENCY, and PERFORMING AGENCY shall educate employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code. ~85.113, VTCA. ARTICLE 20. EouiDment and SUDDlies In accordance with Health & Safety Code, ~12.053. VTCA, titlc to all equipment and supplies purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the Attachment is terminated. Equipment is dermed as tangible nonexpendable property with an acquisition cost of over $1,000 and a useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players, microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is over $500, they will still be Considered equipment, must be approved for purchase, and are considered capital assets for inventory purposes. Medical and laboratory equipment in this category is defined as microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory equipment not included in these five categories is not considered a capital asset unless the unit value is over $1,000. (LHS) 1998 GENERAL PROVISIONS - Page 10 (8/97) Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is required for any additions to, or deletions of, approved equipment purchases meeting the above equipment defInition. To receive approval to purchase data processing hardware and software or enhancements thereto, PERFORMING AGENCY must submit a detailed justifIcation which includes description of features, make and model. and cost, etc. PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TDH Form GC-ll) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said assets. In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment, and supplies in possession of PERFORMING AGENCY from the bankruptcy and title reverts to RECEIVING AGENCY. Upon termination or expiration of applicable Attachment(s). title to any remaining equipment and supplies purchased from funds as hereinabove provided reverts to RECEIVING AGENCY. Title may be transferred to any other party designated by RECEIVING AGENCY, provided, however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer title to such property to the PERFORMING AGENCY. ARTICLE 21. Subcontractin!! PERFORMING AGENCY may enter into agreements with subcontractors 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 subcontractor. If PERFORMING AGENCY enters into subcontract agreements, PERFORMING AGENCY agrees that all subcontracts shall be in writing and 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 Atlachment(s) or be executed annually; . access to inspect work performed, and the premises on which it is performed, in accordance with the Reports and 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 subcontracts containing a categorical budget shall include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate. If PERFORMING AGENCY plans to enter into an agreement which subcontracts out a substantial portion of an Attachment's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts that must have prior written approval are those that exceed $25,000 or 25% of the applicable Attachment amount. whichever is greater. (LBS) 1998 GENERAL PROVISIONS. Page 11 (8/97) PERFORMING AGENCY shall ensure that: . all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes and regulations; . all subcontractors comply with all financial management requirements as defmed by RECEIVING AGENCY and the applicable OMB circulars; . subcontractors complete required audits; . an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required audit reports and the resolution of any fmdings and questioned costs cited by these reports. ARTICLE 22. CODvri~hts. Publications. and Patents PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals, mms, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract Attachment(s) that result in the production of original books, manuals, films, or other original material is fmanced by a federal grant, the terms of which provide othelWise. All right, title, and interest in and to said property shall vest in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" 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 the 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 said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its subcontractors to give RECEIVING AGENCY, or any person designated by RECEIVING AGENCY, all assistance required to perfect the rights defmed in this Article, without any charge or expense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract. PERFORMING AGENCY understands and agrees that, if federal funds are used to fmance activities supported by the contract Altachment(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 othelWise 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 subcontractor 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 award in. a.encv)" or "The project described was supported by grant number from (federal awardi". aveney)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awardin. a.encv)." In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING AGENCY reserves a royalty-free, nonexclusive. and irrevocable license to reproduce. publish or othelWise use, and to authorize others to use, for RECEIVING AGENCY and state 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 grantee, subgrantee or a contractor purchases ownership with grant support. PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include "., Texas Deparunent of Health, llOO West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved." (LI/S) 1998 GENERAL PROVISIONS - Page 12 (8/97) 1 If the 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 afler the initial review. PERFORMING AGENCY and any subcontractor, as appropriate. must comply with the standard patent rights clauses in 37 Code of Federal Regulations ~401.14 or Federal Acquisition Regulations 52.227.11. ARTICLE 23. Hold Hannless PERFORMING AGENCY. as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal government harmless and to indemnify them from any and all liability, suits. claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees. and damages arise from performance or non-performance of PERFORMING AGENCY under this conlract. PERFORMING AGENCY's agreement to indemnify RECEMNG AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies Code. VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY. as a state governmental agency. agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims, losses, damages and judgments that arise from the performance or non-perfonnance of RECEIVING AGENCY under this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and Remedies Code, VTCA. and to the extent allowed by any other laws. PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s). agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 24. Bondine PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage, or self-insurance equal !o the amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of the PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: I) 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 hislher duties or to account properly for all monies and property received by virtue of hislher position or employment. ARTICLE 25. Historicallv Underutilized Businesses RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161. VTCA. and 1 Texas Administrative Code (TAC) ~~111.11-111.24. whereby state agencies are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies, materials, or equipment." services, or public works. A HUB is defined in the Texas Government Code ~2I61.00I(2), VTCA, as: A. a corporation fonned for the purpose of making a profit in which 51 percent or more of all classes of the shares of stock or other equitable securities are owned by one or more socially disadvantaged persons who have a proportionate inlerest and actively participate in the corporation's control. operation, and management; B. a sole proprietorship created for the purpose of making a profit that is completely owned, operated, and controlled by a socially disadvantaged person; (LHS) 1998 GENERAL PROVISIONS - Page 13 (8/97) C. a partnership formed for the purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by one or more socially disadvantaged persons who have a proportionate interest and activcly participate in the partnership's control, operation, and management; D. a joint venurre in which each entity in the venture is a historically underutiIized business; or E. a supplier contract between a historically underutilized business and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the goods or otherwise warehouses and ships the goods. "Socially disadvantaged person" is defmed in Texas Government Code ~2161.001(3) as ". . . a person who is socially disadvantaged because of the person's identification as a member of a certain group, including Black Americans, Hispanic Americans, women, Asian Pacific Americans and Native Americans, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control. " A HUB is defmed in the General Appropriations Act, 75th Legislature, Regular Session, ARTICLE IX, General Provisions, Section 124. Contracting with Historically Underutilized Businesses, Subsection 3, in the same manner except that "socially disadvantaged person" is replaced with the term "economically disadvantaged person." The term "economically disadvantaged person is defmed in the General Appropriations Act as " . . . a person who is economically disadvantaged because of the person's identification as a member of certain groups, including Black Americans. Hispanic Americans, women, Asian Americans and Native Americans, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control. " PERFORMING AGENCY agrees to make a good faith effort to subcontract with HUBs during the performance of its contract Attachment(s) with the RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. ARTICLE 26. Sanctions PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both for programmatic and fmancial noncompliance. 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. Both parties agree that a state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. RECEIVING AGENCY may: A. terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire, or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination; B. suspend all or part of the contract. Suspcnsion is thc temporary withdrawal of the PERFORMING AGENCY's authority to obligate funds pending compliance by the PERFORMING AGENCY or its subcontractor(s) or pending a decision to terminate or modify the contract. PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension; C. temporarily or permanently withhold cash payments. Withholding of cash payment means that the RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to: a) recover (LHS) 1998 GENERAL PROVISIONS - Page 14 (8/97) payments already made for undocumented. disputed. inaccurate, or erroneous claims; b) obtain refunds for overpayment for any reason; or c) obtain compliance; D. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of time not to exceed five years; E. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending resolution; F. amend all or a part of the contract as a result of noncompliance; G. place the PERFORMING AGENCY on probation. Probation means that the PERFORMING AGENCY will be placed on accelerated monitoring for a period not to exceed six months at which time items of noncompliance mllSt be resolved or substantial improvement shown by the PERFORMING AGENCY; H. conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished; I. require the PERFORMING AGENCY to obtain technical or managerial assistance; J. disallow claims by disapproving costs or fees claimed for payment or reimbursement by PERFORMING AGENCY; K. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY; L. require additional. more detailed. fmancial and/or programmatic reports to be submitted by PERFORMING AGENCY; M. demand repayment from the PERFORMING AGENCY; N. 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; O. take any other action which RECEIVING AGENCY deems appropriate. RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed (with the exception of accelerated monitoring, which may be unannounced.) PERFORMING AGENCY is required to fIle, within 15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that sent the notice, acknowledging receipt of such notice and stating how the PERFORMING AGENCY will correct the noncompliance. 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, delay contract execution, or amend all or part of the contract in an emergency by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating the reason for the emergency action. The emergency may be a result of the PERFORMING AGENCY's noncompliance having a direct adverse impact on the public or client health or safety. failure to achieve a performance measure, being reimbursed for expenditures which are not in accordance with applicable federal or state laws and regulations or the provisions of the contract, or expending funds inappropriately. (LHS) 1998 GENERAL PROVISIONS - Page 15 (8/97) I . , PERFORMING AGENCY may request a review of the imposition of the following sanetions: termination of all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, denial of contract renewal or future contract awards. and contract amendment as a result of noncompliance in accordance with RECEIVING AGENCY's Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification. ARTICLE 27. Termination In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all requirements contained herein, unless extended in writing; or all or a part of this contract may be terminated prior to completion of the contract term for any of the following reasons: A. Termination in the Best Interest of the State. This contract may be terminated by RECEIVING AGENCY at any time when, in the sole determination of RECEIVING AGENCY, termination is in the best interests of the State of Texas. B. Termination by Agreement. This contract may be terminated, in whole or in part, when both parties mutually agree that continuation of the contract would not achieve the objectives and goals of the contract and that continuation would not be mutually beneficial. C. Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or in part, upon the following conditions: (I) The PERFORMING AGENCY makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or eonsents to the appointment of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all or any part of its property; if judgment for the payment of money in excess of $50,000.00 (which is not covered by insurance) is rendered by any court or governmental body against the PERFORMING AGENCY, and the PERFORMING AGENCY does not discharge the judgment or provide for its discharge in accordance with its terms, or procure a stay of execution thereof 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; or a writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of the PERFORMING AGENCY. and such writ or warrant of attachment or any similar process is not released or bonded within 30 days after its entry; or (2) A court of competent jurisdiction fmds that the PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or (3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by the contract; or (4) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; or (5) The RECEIVING AGENCY makes a written determination that the PERFORMING AGENCY has failed to substantially perform under this agreement, which determination specifies the events resulting in the RECEIVING AGENCY's determination that the PERFORMING AGENCY has failed to substantially perform under this agreement; or (LHS) 1998 GENERAL PROVISIONS - Page 16 (8/97) (6) RECEIVING AGENCY makes a written determination that PERFORMING AGENCY has committed a material breach of any term(s) of this contract; or (7) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel or resources to perform under the contract: or (8) A receiver, conservator, liquidator, or trustee of the PERFORMING AGENCY, or any of its property is appointed by order or decree of any court or agency or supervisory authority having jurisdiction; or an order for relief is entered against the PERFORMING AGENCY under the Federal Bankruptcy Code; or the PERFORMING AGENCY is adjudicated bankrupt or insolvent; or any portion of the property of the PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than 30 days after such party obtains knowledge thereof; or a petition is filed against the PERFORMING AGENCY under any state, reorganization, arrangement, insolvency. readjustment of debt. dissolution, liquidation, or receivership law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within 30 days; or (9) Termination for failure of funding. This contract may be terminated in the event state andlor federal funding for this contract is terminated, limited, suspended. or withdrawn; or (10) The PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement. insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; or (11) The PERFORMING AGENCY fails to comply with any of the terms. conditions or provisions of the contract, in any manner whatsoever. D. Termination for Cause by PERFORMING AGENCY. If the RECEIVING AGENCY is in breach of this contract or fails to make payments as required by the contract, the PERFORMING AGENCY may terminate the contract. E. Termination without Cause. This contract and any Attachment hereto may be terminated by either party without cause provided ninety (90) days written notice is provided to the other party. Written notice will be provided by the terminating party at least 30 days prior to the intended date of termination unless an emergency exists or stated otherwise. 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 the PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract. ARTICLE 28. Personnel All personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and ,~ontrol and liable for any of their acts or omissions. (LHS) 1998 GENERAL PROVISIONS - Page 17 (8/97) " PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. i 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 Attachllient(s) to this contract provided, however, that any demotion, suspension, or discharge of such state budgeted employees will be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a statc budgeted position may receive a salary supplement from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes, but is not limited to, the payment to such employee of a so-called "flat rate" car allowance or travel allowance. AJ.1y such 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 Attachllicnt(s) under this contract or from any other sourcc. 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 Personnel Management. The purpose of the approval is to ensure that individuals occupying these positions mcet 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 claims on state budgeted positions. PERFORMING AGENCY will be furnished state warrants by RECEIVING AGENCY for salary compensation or travel reimbursement for issuance to employees on state budgeted positions. An independent audit is not required as a condition of this contract if the Attachllient 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 Attachllient(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 cntitlemcnts 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. PERFORMING AGENCY agrees to defend and indemnify RECEIVING AGENCY for any and all claims and/or judgments taken against any employees, state or local, or against the RECEIVING AGENCY, arising out of any claims or cause of action against any such employees, except to the extent that employees on state budgeted positions may be indemnified and the state may be liable for certain acts pursuant to Chapter 104 of the Civil Practice and Remedies Code of Texas and any other applicable law. The PERFORMING AGENCY agrees to indemnify and hold harmless the RECEIVING AGENCY for any and all claims and/or judgmcnts taken against RECEIVING AGENCY by employees of the PERFORMING AGENCY that are funded by the Attachment(s) to this contract. ARTICLE 29. FundinQ PartieiDation Relluirement PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in securing other funding unless otherwise directed or approved by RECEIVING AGENCY. (LHS) 1998 GENERAL PROVISIONS - Page 18 (8/97) '. ARTICLE 30. Survival of Tenns 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 31. No Waiver of Soverei~n Immunitv TIlE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF TInS CONTRACT IS IN ANY WAY INTENDED TO CONSTI1UI'E A WAIVER BY RECEIVING AGENCY OR TIlE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT RECEIVING AGENCY OR TIlE STATE OF TEXAS MAY 1IA VE BY OPERATION OF LAW. (LHS) 1998 GENERAL PROVISIONS - Page 19 (8/97) DOCUMENT NO. 756002206798 ATTACHMENT NO. 01 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF CLINICAL AND NUTRITION SERVICES TERM: October 01, 1997 THRU: September 30, 1998 SECTION I. SCOPE OF WORK: The PERFORMING AGENCY will provide supplemental food vouchers, nutrition education and immunizations as an adjunct to good health care at no cost to low-income pregnant and postpartum women, infants, and children identified to be at nutritional risk. In meeting this goal the PERFORMING AGENCY will: A. Perform professional, administrative, and clerical services necessary to provide special supplemental food vouchers and nutrition education to qualified women, infants, and children in a specified geographic area. Services will be performed according to the terms and specifications of the RECEIVING AGENCY and/or the United States Department of Agriculture (USDA). During the term of this Attachment, regulations, instructions, policies, and/or directives will be issued by USDA to the PERFORMING AGENCY as they are formulated and will appear in the State WIC Policy and Procedures Manual, which is hereby incorporated by reference and made a part hereof. The RECEIVING AGENCY Program will notify the PERFORMING AGENCY, by letter, of the authorized geographic service area(s). The geographic area(s) may be subject to change upon written notice by the RECEIVING AGENCY Program and approval by the PERFORMING AGENCY. B. Assist in the collection and evaluation of data which will identify medical benefits of this nutrition-intervention program and furnish financial, dietary, medical, nutrition-education, and any other special reports in a timely manner as required by the RECEIVING AGENCY Program's written policies for the compilation of such data. C. Determine eligibility of applicants, register participants, collect data, conduct measurements, provide nutrition education, and maintain records as required by the RECEIVING AGENCY Program's written policies. D. Make available appropriate health services to participants up to the income level specified in the RECEIVING AGENCY'S Program policies and inform applicants of the health services that are available. When health services are provided through referral, the PERFORMING AGENCY must have a plan for continued efforts to make health services ATTACHMENT - Page 1 available to participants at the clinic or through written agreements with health care providers. E. Issue prenumbered food vouchers furnished by the RECEIVING AGENCY to qualified participants, who will use such vouchers to obtain specified food items from participating vendors; maintain complete accountability and security of all food vouchers received from the RECEIVING AGENCY; and be held financially responsible for all unaccounted for food vouchers and/or those issued to ineligible participants. The PERFORMING AGENCY will also be held financially accountable for unauthorized infant formulas issued to participants. F: Review the immunization record of WIC Program applicants/participants and provide immunizations as needed, using staff funded under this Attachment in accordance with the WIC Policy and Procedures Manual provided by the RECEIVING AGENCY to the PERFORMING AGENCY or as otherwise approved in writing by the RECEIVING AGENCY Program. The PERFORMING AGENCY will comply with all applicable laws, regulations, standards, and guidelines established at federal, state and local levels as these mles now appear or may be amended during the period of this Attachment. These include but are not limited to: 1. Child Nutrition Act of 1966, as amended (42 USC 1786); 2. Public Laws 99-500 and 99-591; 3. Uniform Federal Assistance Regulations 7 CFR Parts 3015 and 3016; 4. Applicable federal regulations located in 7 CFR Part 246; 5. S,tate WIC Policy and Procedures Manual located in 25 TAC ~ 31.1, and 6. Client Services Standards for Public Health and Community Clinics, revised June 1997. PERFORMANCE MEASURES RECEIVING and PERFORMING AGENCIES agree that the following performance measures will be used to assess in part the PERFORMING AGENCY'S effectiveness in providing the services set forth in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. 95% of families who participate in the WIC program by receiving food vouchers shall receive nutrition education or individual counseling services to coincide with food voucher issuance. For purposes of this measure, a family will be counted by the WIC Information Network (WIN) system as receiving nutrition education or counseling if at least one participant in the family is documented as having a nutrition-education or counseling contact during the same calendar month as the month of the first date to spend on the food vouchers. ATTACHMENT - Page 2 Of all pregnant women who enter the WIC program, 32 % shall be certified as eligible during the period of the first trimester of their pregnancy. For purposes of this measure, these women will be counted by the WIN system as pregnant women whose certification date is within the reporting period and who were in the first trimester of pregnancy when certified. 87% of clients who are enrolled in the program shall participate each month. In the WIC Program, enrollment and participation are two different measures. A client who is certified as eligible for benefits is "enrolled" in the program. An enrolled client who is issued and receives food vouchers is a "participant." For purposes of this measure, clients are counted by the WIN system as "participating" at a local agency if they are issued food vouchers by that agency. For purposes of this measure, clients are counted by the WIN system as "enrolled" at a local agency if they are within a valid certification period and the client record is not designated as marked for transfer to another agency (i.e., there is not a WIN system "TR Lock" indicator for the client). 33% percent of infants whose mothers were participants in the program during pregnancy (Le, "Born-to-WIC infants") shall be breastfed at the time of their certification. An infant is considered to be breastfed (Bf) if the infant is receiving breastmilk on the average of at least once a day. For purposes of this measure, an infant will be counted as "Born-to-WIC" by the WIN system with a risk condition code of "940." Whether or not an infant is breastfed at the time of certification shall be determined by WIN system data indicating a certification date within the report period and either (1) a "Yes" entry in the "Currently Bf' field or (2) a "No" entry in the "Currently Bf' field coupled with an entry in the "Date Ended Bf' field which is later than the date of certification. 95 % of clients who indicate during the enrollment process that they have no source of health care shaH be referred to at least one source of health care at certification. Clients with no source of health care shall be counted by the WIN system if an entry of "00 - Self/None" is in the "Referred From" field. A health care referral shaH be counted by the WIN system if an entry in the "Referred To" field is other than "00 - Self/None." A quarterly activity report which demonstrates PERFORMING AGENCY'S efforts towards meeting assigned annual targets will be completed and submitted to RECEIVING AGENCY within twenty (20) days after the end of each quarter of the federal fiscal year. SECTION II.' SPECIAL PROVISIONS: General Provisions, ASSURANCES Article, is hereby amended to include the following: The PERFORMING AGENCY hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.), Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), Age Discrimination Act of 1975 (42 USC 6101 et seq.); all provisions required by implementing the regulations of the Department of Agricultur~ (7 CFR Part 246); Department of Justice Enforcement Guidelines, ATTACHMENT - Page 3 28 CPR Parts 50.3 & 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation under any program or activity for which the PERFORMING AGENCY receives federal [mancial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to implement this Attachment. By accepting this assurance, the PERFORMING AGENCY agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel. during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, Food and Nutrition Service, will have the right to seek judicial enforcement of this assurance. This assurance is binding on the PERFORMING AGENCY, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the COVER PAGES of this Attachment are authorized to sign this assurance on behalf of the PERFORMING AGENCY. General Provisions, STANDARDS FOR FINANCIAL MANAGEMENT Article, Number 1., regarding internal budgeting and Number 3., regarding billing, collection, and fee schedules are not applicable. General Provisions, ADVANCE PAYMENTS Article, is not applicable to this Attachment. However, the PERFORMING AGENCY will be allowed the option ofreceiving a two-month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, OVERTIME COMPENSATION Article, is not applicable. General Provisions, TERMS & CONDITIONS OF PAYMENT Article, is hereby modified to include the following paragraphs: The participant caseload will be assigned by the RECEIVING AGENCY Program by gIVIng written notice to the PERFORMING AGENCY and may be subject to change from time to time upon written notice to the PERFORMING AGENCY from the RECEMNG AGENCY Program with the PERFORMING AGENCY'S concurrence. The PERFORMING AGENCY assumes liability for all food costs resulting from the PERFORMING AGENCY exceeding assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. The RECEIVING AGENCY will reimburse the PERFORMING AGENCY for administrative costs which include participant referral, vendor evaluation, nutrition education, general administrative support, start-up costs, outreach, applicant screening, and food voucher issuance. ATTACHMENT - Page 4 Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon the sum of the participants who actually receive food vouchers each month plus infants who do not receive any food vouchers whose breastfeeding mothers were participants, to the extent that the total so derived does not exceed the PERFORMING AGENCY'S total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Attachment term. The time period during which surplus may be recovered will be determined by the RECEIVING AGENCY. . PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: Federal FY98, the period covered by this Attachment, represents the second year of a new funding formula for the Texas WIC Program. As such, a grandfathering of the full effects of the formula will be implemented this contract period and the next several contract periods. During the term of the Attachment, the PERFORMING AGENCY will earn administrative funds at the rate of $~ for each participant served as defined above for the first 15.821 clients served. All additional participants served will be at the new funding rate of $8.81. Special Initiative "Immunizations" funding is incorporated into the rate-per-participant shown above until the PERFORMING AGENCY reaches a cumulative number of immunizations administered for the Attachment period totaling U2Q and serves a total number of WIC participants equal to 15.821. At that point, all additional immunizations administered by staff funded under this Attachment to WIC participants/applicants and their siblings will earn administrative funds at the rate of $5.00 per immunization as reported to the RECEIVING AGENCY via Encounter Forms or the Automation System to be implemented by the RECEIVING AGENCY during the term of this Attachment. However, if the PERFORMING AGENCY discontinues administering immunizations as a part of its WIC Program services during the term of this agreement, then the "hold harmless" level of funding, as set out above, will be adjusted accordingly to subtract from it a commensurate amount of funds represented in it for Special Initiative "Immunizations" funding. The adjustment in the , "hold harmless" level will become effective the first day of the month after immunizations are discontinued. The PERFORMING AGENCY agrees that: (1) Not less than 20% of total administrative costs will be separately identified and documented as expenditures directly related to nutrition education. Nutrition education expenditures must be supported by documentation of participant attendance or non- attendance. (2) The RECEIVING AGENCY will reimburse the PERFORMING AGENCY for administrative expenses at a rate not greater than five times the amount of properly- ATTACHMENT - Page 5 documented expenditures for nutrition education, but not more than is earned based on actual participation not to exceed the PERFORMING AGENCY'S assigned participant caseload. (3) The RECEIVING AGENCY will limit (CAP) the PERFORMING AGENCY'S indirect costs to the lesser of the rate approved by the RECEIVING AGENCY'S Fiscal Division or twenty (20) percent applied to the PERFORMING AGENCY'S total direct salaries plus benefits reimbursed by the RECEIVING AGENCY. However, approval must'be obtained from the RECEMNG AGENCY'S Fiscal Division before the recovery of any indirect costs will be permitted, with the exception of indirect-costs recoveries using amounts contained in the Uniform Grants and Contracts Management Standards (UGCMS), for which approval can be granted by the WIC Program office. (4) The RECEIVING AGENCY will identify annually to the PERFORMING AGENCY an amount of funds that must be spent for breastfeeding promotion. The allocation of breastfeeding funds to the PERFORMING AGENCY will be based on the PERFORMING AGENCY'S proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to the RECEIVING AGENCY. (5) The RECEIVING AGENCY also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by the PERFORMING AGENCY, or the PERFORMING AGENCY is not complying with the provisions of USDA and/or the RECEIVING AGENCY directives. (6) The RECEIVING AGENCY reserves the right to utilize a competitive offering for the award of any future contracts at the end of the term of this Attachment. (7) The RECEIVING AGENCY may amend or terminate this Attachment if available funds become reduced, depleted, or unavailable during the term of the Attachment to the extent that the WIC Program is unable to provide administrative funding at the rate(s) shown above. The RECEIVING AGENCY will provide written notification to the PERFORMING AGENCY of such fact. (8) , RECEMNG AGENCY may pay for additional services as specified in this Attachment if provided by PERFORMING AGENCY during the term of this Attachment (but not otherwise paid during the term of this Attachment) if it is in the best interest of the state and the RECEIVING AGENCY Program to do so. If PERFORMING AGENCY exceeds the amount of earned administrative funds as stated above, PERFORMING AGENCY will continue to bill RECEMNG AGENCY for the services provided. If additional funds become available at a later date for the provision of these services, RECEIVING AGENCY may pay PERFORMING AGENCY a share of these funds. ATTACHMENT - Page 6 The PERFORMING AGENCY agrees to indicate separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, TDH Form B-13) the costs associated with nutrition education, breastfeeding, and other administrative costs. General Provisions, PROGRAM INCOME, paragraph one, is not applicable to this Attachment. General Provisions, FINANCIAL REPORTS Article, second paragraph, second sentence, is replaced with the following: . A fmal report, Financial Status Report, Federal Form 269 (TDH Form GC-3), will be submitted no later than December 31, 1998. General Provisions, REPORTS AND INSPECTIONS Article, paragraph one, is hereby modified to include the following: The PERFORMING AGENCY will submit an Immunization Encounter Form and Immunization Dose Forms on a weekly basis. However, the Encounter Form may be replaced with an automated immunization system during the term of this Attachment. In such event, the PERFORMING AGENCY will comply with instmctions from the RECEIVING AGENCY to transmit immunization activity by diskette or via modem at intervals specified by the RECEIVING AGENCY. General Provisions, EQUIPMENT AND SUPPLIES Article, is amended by adding the following: The PERFORMING AGENCY agrees to accept responsibility and financial liability for all equipment and supplies purchased with RECEIVING AGENCY funds, whether purchased locally by the PERFORMING AGENCY or by the RECEIVING AGENCY and transferred to the care and custody of the PERFORMING AGENCY. The PERFORMING AGENCY further agrees to conduct an annual physical inventory of all equipment purchased by the RECEIVING AGENCY, and submit it at a time to be specified by the RECEIVING AGENCY. The RECEIVING AGENCY reserves the right to recover the cost of equipment or supplies purchased by the RECEIVING AGENCY and placed in the custody of the PERFORMING AGENCY if such articles are lost, stolen, or otherwise unaccounted for. SECTION III. BUDGET: All categories of costs billed to the RECEIVING AGENCY, and allocation of such costs, must be in accordance with the "Plan to Allocate Direct Costs" (P ADC) submitted by the PERFORMING AGENCY and approved by the RECEIVING AGENCY. A listing of the categories contained in the negotiated P ADC are shown in Exhibit A of this Attachment. A TT ACHMENT - Page 7 Project 1162 Paris-Lamar County Health Department Paris, Texas FY98 Plan To Allocate Direct Costs Approved Categories Personnel Costs Personnel Benefits Travel Costs Equipment Purchase Outreach Communications and Utilities Printing and Reproduction Office Supplies Postage and Shipping Expendable Medical Supplies Other Expenses: A. Nutrition Education B. Continuing Education C. Equipment Repair D. Liability Insurance E. Annual Dues F. Equipment Purchase G. Computer Software Contract Audit Services Indirect Costs Exhibit A .cr"'TIFICATION REGARDING LOBB1 G CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by 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, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, 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-Ill, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was mac!e 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 require<.: certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 09-10-97 Date ANTHON HEL, ADMINISTRATOR Print Name of Authorized Individual 756002206798-01 Application or Contract Number PARIS-LAMAR COUNTY HEALTH DEPARTMENT Organization Name P. O. BOX 938 PARIS, TX 75460-0938