1992-101-RES WHEREAS, the Texas Department of Health has made available grant funds for the availability and/or
RESOLUTION NO.
92-101
WHEREAS, the Texas Department of Health has made
available grant funds for the availability and/or quality of
emergency prehospital health care in the City of Paris and to
conduct Emergency Medical Services program activities to
develop, upgrade, or expand emergency medical services
systems; and,
WHEREAS, the Texas Department of Health has issued its
Grant Award, entitled, "Texas Department of Health Document
No. C3000763" for the year beginning September 1, 1992, and
end ing Augus t 31, 1993, in the total amount of $4,565.00
requiring matching contribution of $300.00; and,
WHEREAS, acceptance of the same must occur within
forty-five days of the date of said award which occurred on
December 8, 1992; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of Paris that the City of Paris accept said Grant
Award and continue to enhance the availability and/or quality
of emergency prehospital health care in the City of Paris and
to conduct EMS program activities to develop, upgrade, or
expand emergency medical services systems; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
AS FOLLOWS:
1. That the Texas Department of
Document No. C3000763, for conducting
service program activities to develop,
emergency medical services systems should
Health Contract,
emergency medical
upgrade, or expand
be accepted.
1. That the City Manager of the City of Paris, Michael
E. Malone, be, and he is hereby authorized and directed to
execute and deliver on behalf of the City of Paris all
communications, assurances and documents necessary for the
completion of said project.
2. That, W. E. Anderson, Director of Finance, be, and
he is hereby authorized to serve as the City's fiscal officer
to receive funds for this project.
3. That Stewart Dodson, be, and he is hereby appointed
Contact Person to execute and deliver all other
communications, instruments and documents necessary for the
completion of said project.
Passed and adopted this 14th day of December, 1992.
~~
rge Fis er, Mayor
ATTEST:
TEXAS DEPART~E~T OF HEALTH CONTRACT
1100 west ~9th Street
Austin. Texas 78756-3199
STHE OF TEXAS
COGNTY OF TRAVIS
TDH Document No. C3000763
This contract is between the Texas Denartment of Health. hereinafter referred to
as RECElVI~G .AGDCY, and the party l1sted below as PERFOR~lING AGENCY and
includes general provisions and attachments detailing scope(s) of work and
special provisions.
,
: PERFOR~IING AGENCY: CITY OF PARIS I
1=====================================================================================)
l (PRDT or THE) )
: Mailing Address:
\
I Street Address: 150 SOUTHEAST FIRST STREET PARIS TX 75~61-90371
: III dllterentl (City) (SL) (lip) :
:=====================================================================================:
\ Authorized I
: Contracting Entity: !
(It different lrom PICRt'ORMING AGENCy) ,
1_____________________________________________________________________________________1
,-------------------------------------------------------------------------------------\
: Payee Name: CITY OF PARIS i
I (Must match With vendor ldentlllcatlon number shown below) /
: Payee Address: P. O. BOX 9037 PARIS IX 75461-9037:
, (Must matCh With vendor Identification number shown Eelow) ,
: State of Texas Vendor Identification No. (14 digitsl: 17560006359000 :
; Finance Officer/Contact: STEWART DODSON :
I /
I Type of Or!!anization: GOVT ENTY ,
: Desi!!nate:' Elementarv/secondary school, Junior college, senior colleg'e/unlverslty :
I city; county, other p~litical subdivision, council of governments, juaicial ,
I district. community services program, individual. or other (define) ,
( Is this a small business No (Yes/No) and/or minority/woman owned No (Yes/No) :
I Is this a non-profit business Yes (Yes/No) 1
l PAYEE AGENCY Fiscal Year Ending ~Ionth: DECEMBER :
,------------------------------------------------------------------------------------_\
1-------------------------------------------------------------------------------------/
: SUMMARY OF TRANSACTION: :
, ,
I /
: Contract for Public Health Services. :
I \
I I
I I
/ I
, ,
P.ARIS
(City)
IX 75461-9037)
(St) (lip)
P. O. BOX 9037
COVER - Page 1
t.XH!B!T A
~ r A : ~
~ : ~ A C ~ ~ ~ ~ ~ S
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Source 1[
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Amount liDH SharAi
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: TDa Docu,ent No. C1DOG753
TOTALS
1,565.00:
.00:
1.565.00 :
'________________________________________________________'__________________1__________________,_______________________1
IFeder!1 iunds Ire indielted bl I nusber rro. the Csts!og oi "der!l Dosestic Assi3ta,ee tCFDll, ii !opliclble.
RiFER TO BUDGET SiCT10N OF ANY ZERO AMOUNT ATTACHMENT FOi DETA[LS.
COVER. PIge 2
El~C072) ~M ~U?~~~~rs O~~~~SA~S G~ ;~~ DAr~s 3nu4M.
Aj~~arL~e~ ~J~tr!C:lnz RDti~1 lt7~e 10Q1e
~: ,!~f;"~:~_'1t fr'Jl PS~20l~i~G !G!NC11
f" .nd i. b.half oi:
G:~? .}, PH[S . Paris, Texas
1"?OF.mG AGS!IG!
~! :
:Sl;nl~~:e of 9~~S1n a~thorized
to si~~ cc~tractsi
Michael E. Malone, City Manager
INm and Tie Ie!
Dae.:
December 14, 1992
momNDED:
B Stewart Dodson
7.
iPERFORMING AG,NCY Dir.ctor,
ii diff,r.nt fro. p,r50n
autharit,d to 5igo co.tractl
COVER ~ Pa~~
TDH Dcc~~ec: ~o.: ~:~::~16:.0!
rEXAS "PAlIMENT 0, ,SILT,
!SCmrNG AGE~:C!
3y:
ISig~lcure cf ~ersoo ~uthorized
to ,ig, cone"c:,I
lo] L. Hog... A"'''IOt D.puty
CaJ~i~sic~e~ f~~ Adlicistratiao
IN,., "d Tit:,1
Oat,:
A1PF,om AS TO FORM:
By:
Office of General Counsel
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF IlEALTH CONTRACTS
PERFO&~ING 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
pertqining hereto. No prior agreement or understanding, oral or otherwise, of
the parties or their agents will be valid or enforceable unless em~odied 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 PERFO&~ING 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. Scope 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
(1) adherence to the contract: (2) results of CPA or State Auditor
and, 3) timeliness, completeness, and accuracy of required reports.
part by:
reports;
ARTICLE 2. Term
The time period of this contract will be governed by the term( s)
attachment (s) . No cormnitment of contract funds is permitted prior
first day nor subsequent to the last day of the term. The term
extended or shortened by amendment(s).
on the
to the
may be
ARTICLE 3. Funding
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,
wi thdrawal, 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
Contract attachment(s) may be amended, and such amendments will be in writing
and duly executed by the parties hereto.
1993 GENERAL PROVISIONS - Page 1
(5/92 )
ARTICLE 5. Severability
If any provision of ~his 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 0= 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.
ARTICLE 6. Applicable Laws and Standards
This contract will be governed by the laws of the State of Texas and
enabling state/federal regulations, including federal grant requirements
applicable to funding SOUrces as set out in attachment(s) hereto, and Treasury
Circular 1075 (31 CPR Part 205) as applicable to advance of funds.
PERFORMING AGENCY agrees Chapter 783, Texas Government Code Annotated
(Vernon's Pamphlet 1992), [Uniform Grant and Contract Management Act (UGCMA)),
as may be amended by revised federal circulars to be incorporated in UGCMA by
the Governor's Budget and Planning Office, applies as terms and conditions of
this contract, and the standards are adopted by reference in their entirety.
If a conflict arises between the provisions of this contract and uGCMA, the
provisions of uGCMA will prevail unless expressly stated otherwise. A copy of
this manual and its references are 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 RECEIVING AGENCY's institutional prior
approval procedures. These procedures are incorporated by reference as a
condition of this contract.
In accordance with Section 1352 of Public Law 101-121, effective December 22,
1989, PERFORMING AGENCY is prohibited from using funds granted under this
contract for lobbying Congress or any agency in connection with a particular
contract. In addition, if at any time a contract exceeds $100,000, the law
requires certification that none of the funds provided by RECEIVING AGENCY to
PERFORMING AGENCY have been used for payment to lobbyists. Regardless of
funding source, and if a contract exceeds $100,000, a disclosure form must be
completed if PERFORMING AGENCY has any agreement with a lobbyist. This
certification and/or form is available upon request and must be forwarded to
RECEIVING AGENCY within 90 days of receipt.
PERFORMING AGENCY certifies by execution of this contract that its payment of
franchise taxes is current or, if PERFORMING AGENCY is exempt from payment of
franchise taxes, 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
RECEIVING AGENCY. If franchise tax payments become delinquent during the
attachment term, payments under this contract will be held until PERFORMING
AGENCY's delinquent franchise tax is paid in full.
ARTICLE 7. Debarment and Suspension
PERFORMING AGENCY further certifies by execution of this contract that it is
not ineligible for participation in federal or state assistance programs under
1993 GENERAL PROVISIONS _ Page 2
(5/92)
Executive Order 12549. ,barment and Suspension. PERFC, JG AGENCY certifies,
by submission of this contract, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this t:-ansaction by any Federal
department or agency. Where the PERFORMING AGENCY is unable to certify to any
of the statements in this certification, PERFORllING AGENCY shall attach an
explanation. PERFORMING AGENCY specifically asserts that is has not knowingly
failec to pay a single substantial debt or a number of outstanding debts to a
federal or state agency or 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 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. 55 4728-4763) 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 ~~nagement'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 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. SS 1681-1683, and 1685-1686). which prohibits
discrimination on the basis of sex; Section 504 of the Rehabilitation Act of
1973. as amended (29 U.S.C. 5 794), which prohibits discrimination on the
basis of handicaps; the Americans with Disabilities Act of 1990 (P.L. 101-336)
which prohibits discrimination on the basis of disabilities; the Age
Discrimination Act of 1975, as amended (42 U.S.C. 55 6101-6107), which
prohibi ts discrimination on the basis of age; the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism
Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 55 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
290 dd-3 and 290 ee-3), as amended, 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 statute(s) which may apply.
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 l76(c) of the Clear Air Act of 1955, as
amended (42 U.S.C. 55 7401 et seq.); and (d) protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, as amended, P.L.
1993 GENERAL PROVISIONS - Page 3
(5/92)
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 (CLIAl. P.L. 100-578 (42 U.S.C. 263 al, which e,tablish
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 for 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.
ARTICLE 9. Standards For Financial Mana~ement
PERFORMING AGENCY will develop, implement. and maintain financial management
and control systems that meet or exceed the requirements of uGCMA. Those
requirements include at a minimum:
1. 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;
2. Financial management sys tem including accurate, correct, and complete
payroll, accounting, and financial 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,
3. 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 reasonable efforts to
collect from patients and third parties.
ARTICLE 10. Allowable Costs and Audit Requirements
Only those costs allowable under UGCMA and any revisions thereto, plus any
applicable federal cost principles are eligible for reimbursement under this
contract. Applicable cost principles, audit requirements and administrative
requirements are as follows:
Applicable Cost Principles
~
Reouirements
Administrative
ReQuirements
A-87, State & Local Governments
Circular A-128
uGCMA
A-21, Educational Institutions
Circular A-133
OMB Circular A-110
A-122, Non-Profit Organizations
Circular A-133
UGCMA
1993 GENERAL PROVISIONS - Page 4
(5/92)
To be eligible for reimbursement. under t.his cont.ract.. a cost must have been
incurred wi thin the a ttachment term and paid by PERFORMING AGENCY prior to
claiming reimbursement from RECEIVING AGENCY or encumbered by the last day of
the att.achment term and liquidated no later than 45 days after the end of the
attachment term.
Each PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY receiving $25,000 or more
in total federal/ sta te financial assistance during their fiscal year shall
arrange for an agency-wide financial and compliance audit of the PERFORMING
AGENCY'S/AUTHORIZED CONTRACTING ENTITY'S fiscal year. The audit must be
conducted by an independent CPA and must be in accordance with the applicable
OMB Circulars and Government Auditing Standards. Procurement of audit
services will comply with state procurement procedures, as well as provisions
of UGCMA.
Within 30
CONTRACTING
Division.
days of receipt of audit report, PERFORMING AGENCY/AuTHORIZED
ENTITY will submit a copy to RECEIVING AGENCY'S Internal Audit
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 Condition. 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.
Claims 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 60 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 601f, 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
1993 GENERAL PROVISIONS - Page 5
(5/92)
ace determined by RECEIVING AGENCY to be ineligible foe ceimbucsement.
RECEIVING AGENCY will have the eight to withho:d all 0, pan of any futuce
payments to PERFORMING AGENCY to offset any ceimbursement 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 are not
on file for previous quarters or for the final period, or for failure to
respond to financial compliance monitoring reports, or if program requirements
are not met as specified in the Scope(s) of Work.
ARTICLE 13. Advance Payments
PERFORMING AGENCY may request, in writing, a cne 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 (1/6th) 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 (UGCMA and federal circulars).
Amendments to this contract may require upward or downward adjustment to the
allowable advance until it equates 1/6th of a twelve-month attachment or
approximates two months operating costs. In the case of a downward
adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of
adjustment to the advance. RECEIVING AGENCY retains the option to reduce
future claims by the required amount. In the case of an upward adjustment and
PERFORMING AGENCY needs additional funds to meet immediate operating expenses,
PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and
State of Texas Purchase Voucher in the amount necessary to correct the ratio.
ARTICLE 14. Program Income
PERFORMING AGENCY may develop a fee for service system and a schedule of fees
for public health services in accordance with the provisions of Chapter 12,
Sub-chapter D, Health and Safety Code and the Texas Board of Health rules
covering Fees for Clinical Health Services (25 TAC, Sec. 1. 91) and other
applicable laws provided, however, that a patient may not be denied a service
due to inability to pay.
All revenues received from the delivery of contract services will be
identified, reported, and utilized as provided in this article. Such program
income will be retained by PERFORMING AGENCY and: (1) be used by PERFORMING
AGENCY for any purposes which further the objectives of the program and the
Scope of Work for the attachment(s) and be deducted from total project costs;
or, (2) be deducted from total project costs.
This is according to RECEIVING AGENCY policy interpreting UGCMA, a copy of
policy is provided on request and is incorporated by reference as a condition
of this contract.
1993 GENERAL PROVISIONS - Page 6
(5/92)
ARTICLE 15. Financial ~ ~
Financial reports are required as provided in UGCMA and will be filed
regardless of whether or not expenses have been incurred.
Quarterly
Financial Status Repoot. State of Texas Supplemental Form 269a (TDH Form
GC-4a). will be submitted within 30 days following the end of each q~arter.
AnnuallFinal
A final financial report, Request for Advance or Reimbursement, Form 270
(TDH Form GC-IO) will be submitted not later than 45 days following the end
of attachment term(s). Ii necessaoy, 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. Reoorts and Insoections
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 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 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
1993 GENERAL PROVISIONS - Page 7
(5192)
attachment (s) or until resolution of all audit quest~ons, whichever time
period is longer.
ARTICLE 17. Client Records
At the end of the attachment term, all client records ar.. the property of
PERFORMING AGENCY. RECEIVING AGENCY retains the right to have access to the
records or obtain copies for audit, litigation, or other circumstances that
may arise.
If at any time during the attachme~t term(s), PERFORMING AGENCY and/or
RECEIVING AGENCY should decide to terminate the ag::eement, RECEIVING AGENCY
may require the transfer of client reco::ds upon written notice to PERFORMING
AGENCY. Records may be transferred to another entity that agrees to continue
the service or, at the option of RECEIVING AGENCY, the records may be
transferred to RECEIVING AGENCY headquarters.
ARTICLE 18. Confidentialitv
PERFORMING AGENCY will have a system in effect to protect from inappropriate
disclosure of patient records and all other documents deemed confidential by
law which are maintained in connection with the activities funded under
contract attachment(s). Any disclosure of confidential patient information by
PERFORMING AGENCY, including information required by the Reports and
Inspections Article, will be in accordance with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY
agrees to implement workplace policies based on the model guidelines adopted
by RECEIVING AGENCY and to educate employees and clients concerning the human
immunodeficiency virus (HIV) and its related conditions including acquired
immunodeficiency syndrome (AIDS). PERFORMING AGENCY agrees to develop and
implement policies regarding confidentiality of AIDS and HIV-related medical
information for employees of PERFORMING AGENCY and for clients, inmates,
patients, and residents served by PERFORMING AGENCY. Further, PERFORMING
AGENCY agrees to develop and implement an anti-discrimination policy assuring
all privileges and opportunities for any employee or client with a
communicable disease. HIV-related policies will be based on accurate
scientific information. Such policies will be consistent with the model
guidelines published by RECEIVING AGENCY and with state and federal laws and
regulations. A PERFORMING AGENCY that does not adopt a confidentiality policy
as herein required is not legally eligible to receive state funds until the
policy is developed and implemented.
ARTICLE 19. EQuipment and Supplies
Equipment is defined as tangible nonexpendable property with an acquisition
cost of over $500 and a useful life of more than one year. In accordance with
Article 601b, V.T.C.S., Section 8.02(c), title to all equipment purchased from
funds provided herein will be in the name of PERFORMING AGENCY throughout the
attachment(s) term(s).
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 having an acquisition cost exceeding $500. To
1993 GENERAL PROVISIONS - Page 8
(5/92)
receive approval for daL~ orocessing hardware and softwG~e purchases with an
acquisition cost ove~ $500, PERFORMING AGENCY must submit a detailed
justifica tion '.hich incl:.ldes desc~iption of fea tu~es, make and model, and
cost, etc.
PERFORMING AGENCY will maintain an a:mual property and inventory listing and
submit a repo~t (TCH Fo~m GC-ll) to RECEIVING AGENCY not later than 45 days
from the end of the attachment(s) term(s). PERFORMING AGENCY will administer a
program of maintenance, repair, and protection of assets under this
attachment(s) 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
attachment(s), it will use the proceeds to repair or replace said assets.
PERFORMING AGENCY agrees that upon termination of attachment(s), title to any
remaining equipment purchased from funds as hereinabove provided will be
transferred to the RECEIVING AGENCY or any other party designated by the
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 20. Subcontracting
PERFORMING AGENCY may enter into agreements with subcontractors unless
restricted or otherwise prohibited in specific attachment(s). Subcontracts,
if any, entered into by PERFORMING AGENCY will be in writing and subject to
the requirements of this contract. PERFORMING AGENCY agrees that it will be
responsible to RECEIVING 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. Copyrights and Publications
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.
ARTICLE 22. Hold Harmless
PERFORMING AGENCY, which is not a state agency, assures that
independent contractor and not an agent, servant, or employee of
it is an
the state.
1993 GEliERAL PROVISIONS - Page 9
(5/92)
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 inde~~ify them from
and against any and all clai~s, 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 of 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 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 23. Bonding
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
PERFORMING AGENCY's employees either individually or in concert with others,
and/or, (2) failure of PERFORMING AGENCY or any of its employees to perform
faithfully his/her duties or to account properly for all monies and property
received by virtue of his /her position or employment. This fidelity bond
will be in the amount of not less than 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 self-insurance program should be based on
the determination that the coverage can be provided at a cost no greater than
the cost of obtaining equivalent coverage from an insurance company.
ARTICLE 24. Suspension/Termination
If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting
requirements, the program objectives, or the contract award conditions,
RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance
written notice to PERFORMING AGENCY which will identify the deficiency and
RECEIVING AGENCY's intent to withhold payments if the deficiency is not
corrected within a specific number of days. When the deficiency is corrected,
RECEIVING AGENCY will release any withheld payments with no further action.
If PERFORMING AGENCY fails to comply with the terms, conditions, or standards
of this contract, RECEIVING AGENCY may suspend the contract attachment(s) and
prohibit PERFORMING AGENCY from incurring additional obligations of funds
pending either corrective action or termination. RECEIVING AGENCY will
provide written notice to PERFORMING AGENCY at least thirty (30) days in
advance of the suspension date. Such notice will detail the nature of
noncompliance and specify a correction date. PERFORMING AGENCY may request a
hearing on the proposed suspension if such request is made in writing within
ten (10) days from any final notification of suspension.
1993 GENERAL PROVISIONS - Page 10
(5/92\
This contract or any attachment(s) hereto may be terminated by either of the
par::ies hereto for noncompliance by the other party. A party intending to
te~inate for noncompliance by the other party will provide written notice to
the other party at least thirty (30) days prior to the intended date of
ter::li:1at.ion. Such notice will include the reasons for the termination and
will provide the other party an opportunity to rebut the reasons in writing.
A hearing may be requested on the proposed termination if such requeu~ is made
in writing within ten (10) days from any final notification of termination.
By such ::ermination, neither party may nullify obligations already incurred
for performance or failure to perform prior to the date of termination. Such
termination will not be an exclusive remedy but will be in addition to any
other rights and remedies provided by law or under this contract.
This contrsct or any attachment(s) hereto may be terminated in whole, or in
par::. when both parties agree that continuation would not produce results
commensurate with further expenditure of funds. Both parties will agree on
the effective date and, in the case of partial termination. the portion to be
terminated. RECEIVING AGENCY will immediately send PERFO~~ING AGENCY written
notice of the terms agreed to and such notice will become a part of the
contract. PERFORMING AGENCY will not incur new obligations for the terminated
portion after the effective date of termination and will cancel as many
outstanding obligations as possible. RECEIVING AGENCY will allow full credit
to PERFORMING AGENCY for noncancelable obligations which were properly
incurred prior to the termination date.
This contract or any attachment(s) hereto may be terminated if funds allocated
for any attachment (s) hereto should become reduced, depleted, or unavailable
during any attachment(s) budget period, and RECEIVING AGENCY is unable to
obtain additional funds for such purposes. RECEIVING AGENCY will immediately
provide written notification to PERFORMING AGENCY of such fact and such
attachment(s) to this contract is/are terminated upon receipt of that
notification. PERFORMING AGENCY will not incur new obligations after the
effective date of termination and will cancel as many outstanding obligations
as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for
noncancelable obligations which were properly incurred prior to the
termination date.
This contract or any attachment(s) hereto may be terminated in the event that
federal or state laws or other requirements should be amended or judicially
interpreted so as to render continued fulfillment of this contract, on the
part of either party, unreasonable or impossible. If the parties should be
unable to agree upon amendment which would therefore be needed to enable the
substantial continuation of the services contemplated herein, then, upon
written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties
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.
1993 GENERAL PROVISIONS - Page 11
(5/92)
ADDENDUM TO GENE~ ?ROVISIONS FOR
TEXAS OEPAR~ OF BEALTH CONTRACTS
.=\R:":C:'Z 9.
S~.~NCA?::-S ?'OR ?:'ANC:.~L ~NAGZ~E:'l'!". !S ::r'::~J:SEn -:0 M..nD A NEW ?AAACR.A?q:
In addition, ?E:RE'OR."C~G AGZ:ICY aq:ees to bill thi:d 'par~y payors for ser7icss
provided under t~e Ac,=achment{s), at no cost to the client. These potential
payors i~cl~de, but are not limi~ed to, Medicaid, private insurance carriers,
other available =ederal, state, local and private f~nds, etc. pgRFO~~ING
AGE~lCY is requi:ed t:::l become a Medicaid provider for applicable program
activities funded in t11e Attachment{s) hereto, and will maximize efforts to
obtain paymenc from ~ed~caid and all other available sources.
AR":"!Cr.Z 2.4.
?ROGRA-l.{ ::-ICO~'::. !S RE'?!.AC'!D r~ !":"S '::~l':"::U:7Y W!:"R' THE FOr.LOW!~G:
PERFORM!NG AGE~CY will develop a fee for service system and a schedule of fees
for personal heal~h services in accordance with the provisions of Chapter 12,
Sub-chapter 0, Heal=h and Safety Code and the Texas Board of Health r'.J.les
covering Fees for Clinical Health Services (25 TAC, Section 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 all revenues directly generated by an Attachment(s)
supported ac~iviey or earned only as a result of the Attachment(s) during the
ter:n of the Attachment (s) is considered program income. PERFORlolING AGZNCY
will retain the program income and use one of the following al~ernatives:
1. Where the PERFOR.'1ING AGZNCY is reimbursed by ~CEIVING AGENCY under a
cost rei..'11bursement method, the additive or deductive alternatives for
program income may be used. Under the additive method, PERFO~~rNG AGENCY
will add the program income to the funds already committed to the project
by both the RECEIVING AGENCY and PERFORMING AGENCY. Funds will be used to
fur':l1er th.e program objectives of the State/Federal statute under which
the Scope of Work for the attachment (s) was made. Under the deductive
method, the PERFOR.'1ING AGZNCY will deduct the program income from the
total allowable costs to determine the net allowable costs.
2. Where the PERFOR.'lING AGENCY is reimbursed by RECEIVING AGENCY under a
fixed price arrangement, only the deductive alternative for program income
will be used. PERFO~~rNG AGENCY deducts the program income from the total
allowable project costs to determine the net allowable costs.
It is
levels,
billing,
purposes
further understood that RECEIVING AGENCY will base future funding
in part, upon the PERFOR..'ir~G AGENCY' 51 proficiency in identifying,
collecting, and reporting income, and in utilizing it for the
and conditions of the applicable Attachment{s).
Additional information is
Policy in~er?reting UGCXA,
this conc:act.
contained
which is
in RECEIVING AGENCY's Program Income
incorporated by reference as a part of
199) GE~IER.A:. ?ROV: s rONS ADD ENDUM
(7/92 )
JOCl~E~T ~O. C3000753
ATTACH~E~T ~O. 01
PERf'OR\t[~G .,GE\CY: CIn OF PARIS
RECEnI~G .,GDCY PROGR.':!: E~ERGE:->CY .MEDICAL SERVICES DIVISION
TER'!: September I. 1992
THROCGH August 31. 1993
SECTION I. SCOPE OF WORK:
The RECEIVING AGE~CY will provide both funding and technical assistance to
PERFOR:tI~G .\GgCY to enhance the availabi 1 i ty and/or qual i tv of emergency
prehospital health care. PERFOR\Il~G AGENCY agrees to conduct D!S program
activities to develop. upgrade. or expand emergency medical services systems.
PERFORMING AGE:->CY will undertake projects under one or more of the following
categories:
1. Prehospital Health Care Training;
2. DIS Equipment:
3. Community Education;
4. Research; or,
5. Data Management.
PERFOR:tIIiG AGENCY will implement projects to:
1. Increase the availability and qual i ty of emergency prehospi tal heal th
care:
2. Encourage cooperation between EMS providers. hospitals, law enforcement
agencies. and educational groups for the provision of emergency
prehospital health care:
3. Measure the effectiveness of prehospital care through evaluation of
patient outcomes:
4. Impact the implementation of the EMS State Plan; and/or,
5. Improve pediatric prehospital health care.
PERFOR~IING AGENCY agrees that all activities will be performed in accordance
with RECEIVING AGENCY'S Request for Proposal and PERFORMING AGENCY'S
application plan as agreed to and approved by RECEIVING AGENCY. These
documents are hereby adopted by reference as part of this Attachment.
PERFORMING AGENCY agrees to comply with Chapter 773, Health and Safety Code.
SECTION II. LEGAL AUTHORITY TO CONTRACT:
Chapter 12, Health and Safety Code.
SECTION III. SPECIAL PROVISIONS:
For the purpose of this Attachment. and as specified in the Request for
Proposal. PERSONNEL AND FRINGE BENEFIT COSTS ARE NOT ALLOWABLE.
RECEIVI:->G AGENCY and PERFORMING AGENCY are required to fund SOX of the cost
of the equipment itemized on the attached equipment list. If the total costs
-1-
of the project are greater than the total contract amount set out in SECTION
IV. BeDGET. PERFO~\IING AGENCY agrees to be responsible for obtaining funds
for the remaining costs in order to accomplish project activities agreed upon
ht'rein.
RECEIVING AGENCY agrees to fund 100% of the cost of computer equipment, up to
$1,000, provided the PERFORMING AGENCY agrees to participate in the TEXEMS
data collection program.
PERFOR~ING AGENCY is responsible for collecting sufficient information
on project activities to thoroughly document progress and accomplishments.
RECEIVING AGENCY may withhold or deny payment if project requirements are not
accomplished or sufficiently documented.
General Provisions. Advance Payments Article is not applicable.
General Provisions, Financial Reports Article is replaced to read as follows:
A final financial report, Request for Advance or Reimbursement, Form 270 (TDH
Form GC-IOl will be submitted not later than 45 days following the end of
attachment term. 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.
RECEIVING AGENCY program will specify programmatic report requirements as
authorized in General Provisions, Reports and Inspections Article.
-2-
SECTION IV. BeDGET:
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Other
$.00
.00
.00
600.00
.00
.00
4,265.00
Total Direct Costs
$4,865.00
Indirect
.00
TOTAL
S~.865.00
PERFOR~ING AGENCY Participation:
Program Income (carryover)
Program Income (projected)
Other Match
.00
.00
300.00
PERFORMING AGENCY Share
RECEIVING AGENCY Share
300.00
$~,565.00
Total reimbursements will not exceed $~,565.00.
NOTE: Funding requirements for equipment are set out in Section III. Special
Provisions.
-3-
PERFOR~I~G AGE~CY: CITY OF PARIS
PROGRAN WITHIN
RECEIVI~G AGE~CY: EMERGENCY ~EDICAL SERVICES DIVISION
TDH DOC. NO: C3000763
ATTACHMENT NO: ~
EQUIPMENT LIST
Item
Descriotion
No.of
Units
Unit
Cost
1
TV/VCR
1
600
TOTAL S
Items may be brand name, if specified, or equivalent.
Extension
S
600.00
600.00