1993-102-RES WHEREAS, the Texas Department of Health is administering assistance for the purpose of providing
RESOLUTION NO. 93-102
WHEREAS, the Texas Department of Health is administering
assistance for the purpose of providing emergency medical
care training to enhance the availability and quality of
emergency prehospital health care; and,
WHEREAS, the City Council of the City of Paris deems it
to be in the best interest of the citizens of Paris to seek
such assistance in said project; and,
WHEREAS, the Texas Department of Health Contract, TDH
Document No. C3000033, for public health services in the form
attached hereto as Exhibit A, which provides for assistance
in the amount of approximately $10,000.00, should be
approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS:
1. That the Texas Department of Health Contract, TDH
Document No. C3000033 in the form of Exhibit A attached
hereto, for public health services providing for assistance
in the amount of approximately $10,000.00, should in all
things by approved.
2. That Michael E. Malone, City Manager of the City of
Paris, be, and he is hereby appointed as the Authorized
Official of said project and is authorized and directed to
execute on behalf of the City of Paris the Texas Department
of Health Contract, TKH Document No. C3000033 in the form
attached hereto as Exhibit A.
3. That Karl Louis, be, and he is hereby appointed as
Project Director and is hereby authorized to execute and
deliver on behalf of the City of Paris all reports,
communications, assurances, contracts and documents necessary
for the completion of said project.
4. That W. E. Anderson, Director of Finance, be, and
he is hereby authorized and directed to serve as the
Financial Officer for said project and to receive and
distribute funds for purposes of providing emergency medical
care training to enhance the availability and quality of
emergency prehospital health care.
Passed and adopted this 11th day of October, 1993.
~b&
ATTEST:
'"
~ "\.
,oXAS DEPAR,~ENT GF HEALTH CON7PACT
1100 Wes" 49t~ 3t~eet
Austin, ,exas 78i~o-3199
STATE OF T:XAS
COUNTY CF TRAVIS
TDH Do:ument No. C300C033
This contract is bet~een the Texas Department of Health, hereinafter referred to
as RECEIVING AGENCY, and the party listed below as PERFORHING AGENCY and
includes oeneral pr:visions anc attachments detailing scope(sj of work and
special provisions.
. ,
i PERFORMING AGENCY: CITY OF PARIS POLICE DEPART~ENT :
1_____________________________________________________________________________________1
,-------------------------------------------------------------------------------------,
i (PRINT or TYPE) :
Mailing Address: 811 Bonham Street Paris TX 75460 0000:
lClty) (st) lZlP) I
Street Add ress: SAME ,
, lLT dltTerent) ll,;lty) (st) lL1PJ :
1______-----------------------------------------------________________________________1
1-------------------------------------------------------------------------------------,
I Authori zed . 1
! Contracting Entity: CITY OF PARIS, PAR~~. TEXAS :
' (IT dlTterent Trom Kru~MlNG AG~N~Y)
1_____________________________________________________________________________________1
,-------------------------------------------------------------------------------------,
I Payee Name: CITY OF PARIS ,
: lMust matco Wlth vendor lden"lTlca"lon numoer snown oelow) l
: Payee Address: P. O. BOX 9037 PARIS TX 75461-9037/
, lMust match ~lth vendor ldentlflcatlon number shown Eelow) I
: State of Texas Vendor Identification No. (14 digits): 17560006359000 :
: Finance Officer/Contact: W. E. Anderson :
, Director or ~ ~nance ,
I Type of Organization: GOVT ENTY CITY 1
: Designate: Elementary/secondary SChOOl, Junlor college, senlor col lege/unlverslty :
I City. county, other political subdivision, council of governments, jUdicial J
1 di$trict, community services program, indlvidual, or other (define) 1
: Is this a small business No (Yes/No) and/or minoritY/~oman owned No (Yes/No) l
, Is this a non-profit business Yes (Yes/No) ---,
: PAYEE AGENCY Fiscal Year Ending Month: C::F1>'fFMRF'R :
1-----------------------------------------------------________________________________,
,-------------------------------------------------------------------------------------,
) SUMMARY OF TRANSACTION: :
I I
: Contract for public health services. :
I I
I I
I ,
I I
I I
, I
COVER - Page 1
EXHIBIT A
i
^
.
I
'1',qN
...
~ I, ~
:'~a~:'al ~SS'S:3rCe
:.~.
7~H
P~:~rsm
E~Si~O:AL?RC
;~r., SC:.ir:e :f
Bec1n' t~:= F1Jr.:sl
": '. ~ =::
c:a; ;!S'S:;":::
l:...
~
"
7 i ,2 d;: _,.; 0 I? 3: ? 3. ?; ~
,:.mCiunt
.. '0' '0'
: ~ , '.' .!,~' ,
:'::':~; r.":
.... .'''''''.
:'If,: ~~:
-:~ : ~ a ~ ~ '
. . . ... .~'.. .
.
,
.
,
,
,
.
,
'--_________________________________________________________________________________________________________-----______1
,
10,000.00:
,
,
,
.
.
.
,
.
.
,
,
.
,
,
.
,
,
.
,
,
.
.
,
.
,
.
,
,
,
,
I
,
,
,
,
,
,
,
,
,
,
,
,
.
.
.
.
,
,
,
,
.
,
,
,
.
,
.
,
,
,
,
,
,
,
,
,
,
,
.
,
,
,
.
,
,
,
,
,
,
,
.
,
,
,
,
,
.
,
,
,
,
,
.
,
,
,
,
,
,
,
: TOM Document No. C300C033
,
,
,
,
':ederal funds are indicated by a number from the Catalcg of Federal
;:FER TO BUOGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FO; "ETAllS.
iOillS
$
10,000.00:
,
,
O~llest;c
.00;
,
Assistance (CFDAI, if !pplica:1e.
com - Page 1
~:~~ED :N :~~~::~:E :~:~:':~LE :~ .~~ ~~7~; SkC,~,
:: ~',' G~ :~r.: S
Paris. Texas
~_:n:r:::d C~~~raC~ir:~ :~:~:J ;:fpe ~tC,~
~7 c:~f=r=r.t :rc~ ~E~rC~~:~G ~GE\CY)
:~r ar.J 1~ cer,aif ~f:
::7'{ Ct ~~,F,r5 :~LiC: ::~~.~.~niT
F:RFCP.~I;I~ .~.~EN:,{
.,"
."
.:~ ~::~jti:: ~o,:
~";!".,:?,~
..~... . ~..
7:f~3 ::C~R:MEN: Cr ~E~lT~
RECE!~~~G AGENCY
E ~:
(5~;r.at~re of person 3uthcriz:d
~~ 51;n ~ontr:ctsJ
\Slgnature =f ~erscn !uthorlzed
to sign contracts)
Michael E. Malone
Ci tv Manager
(Name and ;1t1a)
:E2: October 11, 1993
~=:C~~ENDED:
=!.
Karl Louis, Chief
(PERFORMING ~cENCY Director!
if different from person
authorized to sign c:ntract)
Paris Police
Department
Lj~da :arrow, Chief
:ureau of f~r.anc:al Services
lName ana Title)
jate:
AF?ROVEO AS TO FORM:
By:
Cffi~s of Ger:erai Counsel
COVER - Ps;e 3
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH CONTRACTS
PERFORMING AGENCY and RECEIVING AGENCY agree this contract, assurances, general
and/or special provisions, and Attachment(s) with detailed scope(s) of work and
budget(s), as applicable, incorporate all covenants and agreements pertaining
hereto. 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, do hereby 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 terms, performances, and provisions herein set forth.
PERFORMING AGENCY hereby assures compliance with the following terms and
conditions unless otherwise specified in the Attachment(s) hereto:
ARTICLE 1. Scoce of Work
PERFORMING AGENCY will 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 and made a part of this contract, plus
amendments which may be added by additional Attachment(s) from time to time as
hereinafter provided.
Satisfactory performance of this contract will be measured in part by:
(1) adherence to the contract; (2) results of CPA or State Auditor reports; and,
3) timeliness, completeness, and accuracy of required reports.
ARTICLE 2. Term
The time period of this contract will be governed by the term(s) on the
Attachment(s). No commitment of contract funds is permitted prior to the first
day nor subsequent to the last day of the term. The term may be extended or
shortened by amendment(s).
ARTICLE 3. FuodioQ
This contract is contingent upon funding being available for the term of the
Attachment (s) and PERFORMING AGENCY will have no right of action against
RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform its
obligations under this contract as a result of the suspension, termination,
withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient
funding of RECEIVING AGENCY for any Attac~~ent(s) to this contract. If funds
become unavailable, provisions of the Termination Article will apply.
ARTICLE 4. Amendments
Contract Attachment (s) may be amended, and such amendments will be in writing and
duly executed by the parties hereto.
ARTICLE 5. Severability
If any provision of this contract will be construed to be illegal or invalid,
this will not affect the legality or validity of any of the other provisions
hereof. The illegal or invalid provision will be deemed stricken and deleted
herefrom to the same extent and effect as if never incorporated herein, but all
other provisions will continue.
1994 GENERAL PROVISIONS - Page 1
(5/93)
ARTICLE 8. Assurances
PERFORMING AGENCY will 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.
PERFORMING AGENCY will comply with the Intergovernmental Personnel Act of 1970
(42 U.S.C. SS 472S-4763) relating to prescribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
Appendix A of the Office of Personnel Management's Standards for a Merit System
of Personnel Administration (5 CFR 900, Subpart F).
PERFORMING AGENCY will comply with all federal and state statutes relating to
nondiscrimination. These include but are not limited to: Title VI of the Civil
Rights Act of 1964, as amended (42 USC Sec. 2000e, et. seg.) which prohibits
discrimination on the basis of race, color or national origin; Title IX of the
Education Amendments of 1972, as amended (20 USC Sec. 1681-1683 and 1685-1686),
which prohibits discrimination on the basis of sex; the Rehabilitation Act of
1973, as amended (29 USC Sec. 794), which prohibits discrimination on the basis
of handicaps; The Americans with Disabilities Act of 1990 (42 USC Sec. 12101 et
seg.), which prohibits discrimination on the basis of disabilities; The Age
Discrimination Act of 1975, as amended (42 USC Sec. 6101-6107), which prohibits
discrimination on the basis of age; The Drug Abuse, Prevention, Treatment, and
Rehabilitation Act, as amended (21 USC Sec. 1101 et. seg.), relating to
discrimination on the basis of drug abuse; the Age Discrimination in Employment
Act of 1967, as amended (29 USC Sec. 621-634), which prohibits discrimination in
employment on the basis of age; the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment, and Rehabilitation Act of 1970, as amended (42 USC Sec.
4541 et. seg.), relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, as amended (42 USC Sec. 290dd-
3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient
records; any other nondiscrimination provisions in the specific statute(s),
pertaining to applicable federal assistance; and the requirements of any other
nondiscrimination federal or state statute (s) which might apply to this contract.
PERFORMING AGENCY will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to EO 11738; (c) conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176 (c) of the Clear Air Act of 1955, as
amended (42 U.S.C. ss 7401 et seg.); and (d) protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, as amended, P.L.
93-523.
PERFORMING AGENCY will comply with P.L. 93-348 regarding the protection of human
subjects involved in research, development, and related activities supported by
any applicable award of federal assistance.
PERFORMING AGENCY will comply with the Clinical Laboratory Improvement Amendments
of 1988 (CLIA), PoL. 100-578 (42 U.S.C. 263 a), which establish Federal
requirements for the regulation and certification of clinical laboratories.
PERFORMING AGENCY will comply with the OSHA Regulations on Bloodborne Pathogens,
56 Fed. Reg. 64175 (1991), 29 C.F.R. 1919.030, which set safety standards fer
those workers and facilities who may handle bloodborne pathogens.
PERFORMING AGENCY. assures it will not transfer or assign its interest in this
contract without the written consent of the RECEIVING AGENCY.
1994 GENERAL PROVISIONS - Page 3
(5/93'
Division.
ARTICLE 11. Overtime Compensation
None of the funds provided by Attachment (s) will be used to pay overtime.
PERFORMING AGENCY will be responsible for any obligations of overtime pay due
employees.
ARTICLE 12. Terms and Conditions of Payment
For services satisfactorily performed pursuant to the Scope(s) of Work,
PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements
will not exceed the total of each Attachment(s) hereto and are contingent on a
signed contract.
ClaLms for reimbursement will be made on a State of Texas Purchase Voucher (TDH
Form #AG-37). Vouchers for reimbursement of actual expenses will be submitted
monthly within 20 days following the end of the month covered by the bill. A
make-up claim may be submitted as a final close-out bill not later than 45 days
following the end of Attachment term(s). Advance payment may be requested in
accordance with the applicable provisions of this contract.
Payments made for approved claims or notice of denial of claims submitted against
Attachment (s) to this contract will be mailed not later than 50 days after
receipt of monthly vouchers. Payment is considered made on the date postmarked.
Any reimbursements made by PERFORMING AGENCY to subcontractors will be made in
accordance with Article 50lf, V.T.C.S.
Funding from this contract will not be used to supplant state or local funds, but
PERFORMING AGENCY will use such funds to increase state or local funds currently
available to PERFORMING AGENCY for a particular activity. PERFORMING AGENCY
further agrees to maintain to the best of its ability its current level of
support, if any.
PERFORMING AGENCY will refund to RECEIVING AGENCY 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.
Payment may be denied for noncompliance if required financial reports
on file for previous quarters or for the final period, or for failure to
to financial compliance monitoring reports, or if program requirements
met as specified in the Scope(s) of Work.
are not
respond
are not
ARTICLE 13. Advance Pavments
PERFORMING AGENCY may request, in writing, a one time advance with proper
justification and the concurrence of RECEIVING AGENCY. Amount of advance will be
determined by the amount and term of the Attachment (s); however, for each
Attachment, the amount of the advance will not exceed one-sixth (1/5th) of a
twelve-month Attachment. Advance will be requested on a State of Texas
Purchase Voucher at the beginning of Attachment period or at a single later time
in the Attachment period if circumstances so warrant and the request is approved.
Advance funds will be liquidated during the Attachment term so that, after final
monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance
funds may be drawn only to meet immediate cash needs for disbursement (UGC~A and
federal circulars).
1994 GENERAL PROVISIONS - Page 5
(5/93)
Ouarterlv
Financial Status Report, State of Texas Supplemental Form 269a (TDH Form
GC-4a), will be submitted within 30 days following the end of each quarter.
Annual/Final
A final financial report, Request for Advance or Reimbursement, Form 270 (TDH
Form GC-10) will be submitted not later than 45 days following the end of
Attachment term(s). If necessary, a State of Texas Purchase Voucher will be
submitted if all costs have not been recovered or a refund will be made of excess
monies if costs incurred were less than funds received.
ARTICLE 16. ReDorts and InsDections
PERFORMING AGENCY will submit financial, program, progress, and other reports as
requested by RECEIVING AGENCY in the format agreed to by the parties hereto.
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 or being performed hereunder and the premises in which it is
being performed, including subcontractors. PERFORMING AGENCY will participate
in 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 delay the work.
PERFORMING AGENCY agrees that RECEIVING AGENCY and the federal government, or any
of their duly authorized representatives, will have access to any pertinent
books, documents, papers, and client or patient records of PERFORMING AGENCY 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 or suspension of the contract
Attachment(s). Any such withholding of funds or suspension will remain in effect
until the findings 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 resolution of all audit questions, whichever time period is longer.
ARTICLE 17. Client Records
At the end of the Attachment term, all client records (including patient records)
are the property of PERFORMING AGENCY. RECEIVING AGENCY retains the right to
have access to the records or obtain copies for audit, examination, evaluation,
inspection, litigation, or other circumstances that may arise.
If at any time during the Attachment term(s), PERFORMING AGENCY and/or RECEIVING
AGENCY should decide to suspend or terminate the agreement, RECEIVING AGENCY may
require the transfer of client records (including patient records) upon written
notice to PERFORMING AGENCY, either to another entity that agrees to continue the
service or to RECEIVING AGENCY.
1994 GENERAL PROVISIONS - Page 7
(5/93)
AGENCY for the performance of any subcontractor. In addition, if PERFORMING
AGENCY elects to enter into an agreement which subcontracts out a substantial
portion of PERFORMING AGENCY's Scope of Work, prior written approval must be
obtained from RECEIVING AGENCY.
ARTICLE 21. Copvriohts. Publications, and Patents
PERFORMING AGENCY understands and agrees that where activities supported by the
contract Attachment(s) produce original books, manuals, films, computer programs
(including executable computer programs and supporting data in any form), or
other original material, PERFORMING AGENCY may copyright such material subject
to any rights to same reserved by or vested in the federal government or any
agency thereof; however, RECEIVING AGENCY may grant to PERFORMING AGENCY limited
rights to produce, publish, and use such materials as appropriate.
PERFORMING AGENCY may publish at its expense the results of contract performance
with prior RECEIVING AGENCY review and approval. Any publication (written,
visual, or sound) should include acknowledgment of the support received from
RECEIVING AGENCY and the appropriate federal agency, if applicable. At least
three 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 subcontractor, as appropriate, must comply with the
standard patent rights clauses in 37 CFR Sec. 401.14 or FAR 52.227.11.
ARTICLE 22. Hold Harmless
PERFORMING AGENCY, which is not a state agency, assures that it is an independent
contractor and not an agent, servant, or employee of the state. Except to the
extent that Chapter 104 of the Texas Civil Practice and Remedies Code is
applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY
and/or federal government harmless and to indemnify them from and against any and
all claims, demands, and causes of action of every kind and character which may
be asserted by any third party occurring or in any way incident to, arising out
of, or in connection with the performance c,f services by PERFORMING AGENCY under
this contract to the extent allowed by law, and to the extent of damages
permitted under Chapter 101 of the Texas Civil Practice and Remedies Code.
PERFORMING AGENCY, by
Attachment(s), agrees and
licensed and/or qualified
acceptance of funds provided through contract
ensures that personnel paid from these funds are duly
tc perform the required services.
ARrICLE 23. Bondina
Each person employed by PERFO~~ING AGENCY who handles funds under this contract,
including persons authorizing payment of such funds, will be covered by the terms
of a fidelity bond providing for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of PERFO~~ING 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. This fidelity bond will be in the amount of not less
~an Ten Thousand Dollars ($10,000).
In the event that PERFORMING AGENCY, being an independent contractor, maintains
a self-insurance program that provides for the indemnification of losses as
described in the above paragraph regarding fidelity bonds, then PERFORMING AGENCY
will provide the RECEIVING AGENCY a certified statement which summarizes its
self-insurance plan. The certified statement will be submitted at the time this
contract is submitted for approval. Any changes to said plan, which occur during
the term of this contract period, will be reported to RECEIVING AGENCY. The
1994 GENERAL PROVISIONS - Page 9
(5/93)
agree upon amendment which would therefore be needed to enable the substantial
continuation of the services contemplated herein, then, upon written notification
by RECEIVING AGENCY to PERFORMING AGENCY, the parties will be discharged from any
further obligations created under the terms of this contract, except for the
equitable settlement of the respective accrued interests or obligations as of the
date of termination.
1994 GENERAL PROVISIONS - Page 11
(5/93)