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11-D Health Cnt 2004, CNs 1&2DRAFT F:kAttorney\LisakResolutions\CURRENTkHealth Contract 2004.wpd August 24, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR PUBLIC HEALTH SERVICES, TDH DOCUMENT NO. 7560022067-2004 (ATTACHMENT NO. 01); APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE NOTICES NOS. 01 (ATTACHMENT NO. 02) AND 02 (ATTACHMENT NO. 03); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas is a funding partner with the County of Lamar and the City of Paris for the Paris-Lamar County Health Department; and, WHEREAS, the Contract for Public Health Services, TDH Document No. 7560022067- 2004 (Attachment No. 01), is the conduit through which the state funds are received; and, WHEREAS, it is appropriate that the form of said Contract, attached hereto as Exhibit A, be approved, and that the City Manager be authorized to execute the same on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris- Lamar County Health Department; and, WHEREAS, it is further deemed appropriate that the form of Contract Change Notice No. 01 (Attachment No. 02), attached hereto as Exhibit B, and Contract Change Notice No. 02 (Attachment No. 03), attached hereto as Exhibit C, be approved, and that the City Manager be authorized to execute the same on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the forms of the Contract for Public Health Services, TDH Document No. 7560022067-2004 (Attachment No. 01), attached hereto as Exhibit A, Contract Change Notice No. 01 (Attachment No. 02), attached hereto as Exhibit B, and Contract Change Notice No. 02 (Attachment No. 03), attached hereto as Exhibit C, be, and the same are hereby, approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, the Contract for Public Health Services and Contract Change Notices Nos. 01 and 02, under the terms and conditions and in the forms shown in Exhibits A, B, and C, respectively, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of September, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7560022067 2004 Contract Issued by: TEXAS DEPARTMENT OF HEALTH SC (RECEIVING AGENCY) 1100 WEST 49TM 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: PO BOX 938 PARIS TX 75460-0938 STREET ADDRESS: 740 SOUTHWEST 6TH PARIS TX 75460-0000 NAME OF AUTHORIZED CONTRACTING ENTITY: CITY OF PARIS (If different from PERFORMING AGENCY) PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: ADDRESS: State of Texas Vendor Identification No. (14 digits) IPAYEE AGENCY Fiscal 17560022067001 IYear Ending Month: September PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business. __ Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts. __ Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by General Services Commission or another entity. __ For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE I - Receiving and Performing Agency Data GENERAL PROVISIONS - 11/2001 COVER PAGE 2 - Details of Attachment(s) ATFACHMENT(S) COVER PAGE 3 - Authorized Signatures EXHIBITS, IF APPLICABLE Cover Page 1 EXHIBIT DETAILS OF ATTACHMENTS At',/ TDH Program ID/ Term Financial Assistance Direct Total Amount Amd TDH Purchase Order Assistance (TDH Share) No. Number Begin End Source of Amount Funds* ACFH/PHC 09/01/03 02/29/04 State 75,779.00 0.00 75,779.00 01 0000001134 TDH Document No.7560022067 2004 Totals $ 75,779.00 $ 0.00 $ 75,779.00 *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: RECEIVING AGENCY NAME: PARIS-LAMAR COUNTY HEALTH TEXAS DEPARTMENT OF HEALTH DEPARTMENT By: By: (Signature of person authorized to sign contracts) (Signature of person authorized to sign contracts) Bob Bumette, Director Procurement and Contractin~ Services Division (Name and Title) (Name and Title) Date: Date: RECOMMENDED: By: .~,,'~(I[~.RFORMING AGENC'l~Director, if different ~.~om person authorized to sign contract) TDH Document No: 7560022067 2004 Cover Page 3 GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS TABLE OF CONTENTS 1 PREAMBLE 2 TERM 3 FUNDING 4 AMENDMENTS 5 APPLICABLE LAWS AND STANDARDS 6 DEBARMENT AND SUSPENSIONS 7 ASSURANCES 8 CI~[LD ABUSE REPORTING REQUIREMENTS 9 INTELLECTUAL PROPERTY 10 H~STORICALLY UNDERUTILIZED BUSINESSES 11 CONFLICT OF INTEREST 12 CERTIFICATION OF sOFTWARE, HARDWARE, FIRMWARE, AND MICRO CODE PRODUCTS 13 STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT 14 BONDING 15 FUNDING PARTICIPATION REQUIREMENT 16 ALLOWABLE COSTS AND AUDI~ REQUIREMENTS 17 TERMS AND CONDITIONS OF PAYMENT 18 ADVANCE PAYMENTS 19 PROGRAM INCOME 20 OVERTIME COMPENSATION 21 EQUIPMENT ~ S~FLIES 22 CONTRAC~ V~I ~T!~! S~,UBRECIP~ 23 - co rr c T 24 - REPORTS 25 INSPECTIONS 26 RECORDS RETENTION 27 PATIENT OR CLIENT RECORD8 28 CONFIDENTIALITY 29 SANCTIONS 30 SANCTION REVIEW 31 BREACH OF CONTRACT 32 TERMINATION 33 VOID CONTRACT 34 SEVERABILITY 35 LOCAL HEALTH DEPARTMENT PERSONNEL 36 SURVIVAL OF TERMS 37 CONSTRUCTION OF AMBIGUITIES 38 NO WAIVER OF SOVEREIGN IMMUNITY 39 CERTIFICATION GENERAL PROVISIONS 11/2001 Any alteration to this document constitutes a counter-offer and must be approved in writing by the Texas Department of Health. GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS ARTICLE 1. Preamble PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grant contract (contract), to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work, Special Provisions, budget(s), and exhibit(s) as applicable. This contract reI~resents 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 exeente this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,' performances, and provisions. PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions are revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to comply with the modified General Provisions, PERFORMING AGENCY may exercise its termination options in accordance with the General Provisions, Termination Article. ARTICLE 2. Term The time period of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or shortened by amendment(s). ARTICLE 3. Funding This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment. PERFORMING AGENCY shall have no right of action against the State of Texas or RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable, provisions of the Termination Article will apply. ARTICLE 4. Amendments This contract may be amended only if the amendment is in writing and signed by individuals with authority to bind all parties. (LGS) GENERAL PROVISIONS Page I 11/2001 PERFORMING AGENCY shall not perform and RECEIVING AGENCY will not pay for the performance of different or 9ddltional services, work, or products except pursuant to an amendment of this contract that is executed in compliance with this Article. RECEIVING AGENCY may not waive any term, coveaant, or condition of this contract unless by amendment executed in compliance with this Article. PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are executed no later than ninety (90) days prior to the expiration of the Attachment term. PERFORMING AGENCY shall provide a written justification for any budget revisions and/or amendments. If a budget revision or amend~nent is requested during the last quarter of the Attachment term, the written justification shall reason for the delay, include a Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY. ARTICLE 5. 6EI~cable Laws and Standards This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, shall apply to this contract. The Uniform Grant Management Act (UGMA), Texas Government Code, Chapter 783, as amended, and the Uniform Grant Management Standards (UGMS) as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and conditions of this contract and are adopted by reference in their entirety. RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in' art III, State Umform Administrative Requirements for Grants and Cooperative A r " g cements, SubpartC-Post_ Award Requirements, item .30-Changes, and applicable federal Office of Management and Budget (OMB) circulars. RECEIVING AGE-~y will provide copies of applicable OMB circulars, Code of Federal Regulations, and UGMS to PERFORMING AGENCY upon request. These documents are incorporated by reference as a condition of this contract. PERFORMING AGENCY shall not use funds granted under this contract to pay any person for influencing or attempting to influence an officer or employee of any agency, federal or state, a Member of Congress, an officer or employee of Congress, or an employee cfa Member of Congress in Connection with the awarding of any contract or grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC § 1352, as amended, and UGMS). If at any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY shall file with RECEIVING AGENCY a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in connection with that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or receives a subgrant or subcontract to file the same declaration, certification and disclosure with RECEIVING AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of application for the contract or grant; upon execution cfa contract or grant unless PERFORMING AGENCY previously filed a declaration, certification or disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration, certification or disclosure previously filed. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon request. (LGS) GENERAL PROVISIONS Page 2 11/2001 ARTICLE 6. Debarment and Suspension PERFORMING AGENCY certifies by execution of this contract to the following: · It is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension, Feb. 18, 1986, 51 Fed. Reg. 6370; · Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; · It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; and, · It is not subject to an outstandingjudgmet~t in a suit against PERFORMING AGENCY for collection of the balance cfa debt. Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING AGENCY shall attach an explanation. If PERFORMING AGENCY'S status with respect to the items certified above changes during the contract term, PERFORMING AGENCY shall notify RECEIVING AGENCY, immediately. PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for' participation in federal assistance programs under Executive Order 12549. ARTICLE 7. Assurances PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully comply with the following: · Title VI of the Civil Rights Act of 1964, 42 USC §42000d et seq., as amended (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin, and includes the provision for effective communication and equal access to programs, services and activities to persons with Limited English Proficiency (LEP); · Title IX of the Education Amendments of 1972, 20 USC 441681-1683, and 1685-1686, as amended, which prohibits discrimination on the basis of sex; · Section 504 of the Rehabilitation Act of 1973, 29 USC 4794(a), which prohibits discrimination on the basis of disabilities and the Americans with Disabilities Act of 1990, 42 USC 4§12101 et seq., including the provision f~or effective communication and equal access to programs, services and activities to persons with sensory and speech impairments; · The Age Discrimination Act of 1975, 42 USC § 46101-6107, as amended, which prohibits discrimination on the basis of age; · The Drug Abuse Office and Treatment Act of 1972, 21 USC 4§1101 et seq., as amended, relating to nondiscrimination on the basis of drug abuse; · The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC 4290dd (b)(l), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (LGS) GENERAL PROVISIONS Page 3 11/2001 · Public Health Service Act of 1912, §§523 and 527, 42 USC §290dd-2, as amended, relating to con~dentiality of alcohol and drug abuse patient records; · Title VIII of the Civil Rights Act of 1968, 42 USC §§3601 et seq., as amended, relating to nondiscrimination in the sale, rental or financing of housing; and, · The requirements of any other nondiscrimination statute(s). Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY shall carry out the terms of this contract in a manner which will assist RECEIVING AGENCY in complying with such obligations to the fullest extent of PERFORMING AGENCY'S ability. PERFORMING AGENCY agrees to comply with all or part of the following, as applicable: A. Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the basis of race, color, disability, religion, sex, national origin, or age. B. Immigration Reform and Control Act of 1986, 8 USC §1324a, 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 §§6081-6084, regarding the provision of a smoke-free workplace and' promoting the non-use of all tobacco products. D. The National Research Service Award Act of 1971, 42 USC §§289a-1 et seq., as amended, and 6601 (P.L. 93-348 and P.L. 103-43), as amended, regarding the protection of human subjects involved in research, development, and related activities supported by any applicable award of federal assistance, as implemented by 45 CFR Part 46, Protection of Human Subjects. E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, as amended, which establish federal requirements for the regulation and certification of clinical laboratories. F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, which set safety standards for those workers and facilities in the private sector who may handle blood borne pathogens, or Title 25 Texas Administrative Code (TAC), Chapter 96, which affects facilities in the public sector. G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seq. (P.L. 89-544), as amended, pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. H. Article 9102, Texas Revised Civil Statutes, as amended, pertaining to standards which eliminate architectural barriers for persons with disabilities. I. Health and Safety Code § 165.004, relating to the promotion of breast-feeding by providing information that encourages breast-feeding to program participants who are pregnant women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY by calling (512) 406-0744. (LG$} GENERAL PROVISIONS Page 4 11/2001 J. Environmental standards pursuant to tlie follo~viug: (1L. ~nstituti~n~fenvir~nmentalqua~ityc~ntr~lmeasuresundertheNati~na~Envir~nmentalP~licyAct of 1969, 42 usc 584321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality." (2) Notification of violating facilities pursuant to Executive Order I 1738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federa~ Water Pollutiou Control Act with Respect to Federal Contracts, Grants, or Loans." (3)Protection of wetlands pursuant to Executive Order 1 t990, 42 Fed. Reg. 26961. (4) Evaluation of flood hazards in floodplaius in accordance with Executive Order 11988, 42 Fed. Reg. 26951. (5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC 551451 etseq., as amended. (6) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, as amended, 42 USC 887401 etseq. (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC 5300f-300j, as amended. (8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC 881531 et seq., as amended. K. The Hatch Political Activity Act, 5 USC 887321-26, which limits the political activity of employees. whose principal employment activities are funded in whole or in part with federal funds. L. The Fair Labor Standards Act, 29USC §5201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§4701 et seq., as applicable, concerning minimum wage and maximum hours. M. General Appropriations Act, Regular Session, 77th Legislature, 2001, Article §9-6.13, page IX-42, "Limitation on Grants to Units of Local Government." For the purpose of 59-6.13, "unit of local government" shall mean a council of governments, a regional planning commission, or a similar regional planning agency created under Chapter 391, Local Government Code; a Local Workforce Development Board; or an MHMR community center. N. Texas Government Code, Chapter 573, relating to nepotism. O. Texas Government Code, Chapter 552, relating to open records and public information. P. Texas Government Code, Chapter 551, relating to open meetings. Q. Texas Occupations Code, Chapter 1701, as amended, and all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 170 I, as amended, relating to regulated law enforcement agencies. PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (Executive Order 11738). (LGS) GENERAL PROVISIONS Page 5 11/2001 PERFORMING AGENCY-shall comply with the flood insurance purchase requirements of 102(a) of the Flood .Disaster P.rotfiction Act of 1973, 42 USC §§4001-4003, as amended. Section 102(a) requires the purchase of flood insurance m communities where the insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the U. S. Department of Housing and Urban Development as an area having special flood hazards. If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this contract, either directly or through contracts with subrecipients, the treatment of a minor shall be provided only if consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to treatment of a child by a non-parent or child. If requirements of federal law relating to consent directly conflict with Chapter 32 of the Family Code, federal law shall supersede state law. If PERFORMING AGENCY provides immunizations, PERFORMING A(~ENCY shall comply with all immunization reporting guidelines and requirements set forth in the Health and Safety Code, Chapter 161, Subchapter A. This requirement shall also apply to subrecipients or subcontractors of PERFORMING AGENCY, if any. PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor Code, Chapters 401-406, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Part 2, which cover compensation for employees' injuries. When incorporated into a contract, standard assurances contained in the application package, if any, become terms or conditions for receipt of RECEIVING AGENCY funds. PERFORMiNG AGENCY and its subrecipients shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met. PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all i'equired state and federal tax forms. PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive orders, regulations and policies governing the activity described in the Attachment(s), and with the applicable standard conditions or assurances prescribed by UGMS in Part III, "State Uniform Administrative Requirements for Grants and Cooperative Agreements," Subpart B-Pre-Award Requirements, item . 14-State Assurances. PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment purchased with funds from this contract, without the written consent of RECEIVING AGENCY. ARTICLE 8. Child Abuse Reporting Requirementq [PERFORMING AGENCY is required to comply with thix article only ax related to services provided under the following Attachments.. Human Irnmunodeficiency Viru~ and Sexually Transmitted Diseaxes (all Attachments), Title X and Title XX (Family Planning), Primary Health Care, Title V Maternal and ChiM Health (Fee-for- service), and Bureau of Nutrition Services/Cards (W1C).] PERFORMING AGENCY and each of its subrecipients shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect. PERFORMING AGENCY and each of its subrecipients shall develop, implement and enforce a written policy that includes at a minimum the RECEIVING AGENCY'S Child Abuse Screening, Documenting, and Reporting Policy for Grant Services (LGS) GENERAL PROVISIONS Page 6 11/2001 Contractors and train all staff on reporting requirements. PERFORMING AGENCY and its subrecipients shall use the Cheolilist for TDH Monitoring as required by RECEIVING AGENCY. (The policy and checklist are available at each of the above-referenced programs' websites.) ARTICLE 9. Intellectual Property. Texas Health and Safety Code § 12.020(a), as amended, authorizes RECEIVING AGENCY to apply for, register, secure, hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or for intellectual property. "Intellectual property" consists of inventions; discoveries; improvemehts to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; computer software; literary works; musical works with any accompanying words; dramatic works with any ~ceompanying music; pantomimes and ehore6graphic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works; words, names, symbols, devices, slogans or any combination thereof which have been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from those of others; and any other creative works if they may be protected by a patent, copyright, trademark, service mark, collective mark, or certification mark or other evidence of protection or exclusivity whether or not protection or exclusivity has been applied for or received. "Mark," for purposes of trademark and service mark, includes a word, name, symbol, device, slogan or any combination thereof which has been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from those of others. Federal trademark law also provides for collective marks and certification marks. "Patent" protects any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement. "Work made for hire," a concept under copyright law, is a work prepared by an employee within the scope of his or her employment, or a work prepared by a subreeipient or subcontractor within the scope of his or her contract, or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, and the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The term "works," for purposes of federal copyright law, includes soil:ware; literary works; musical works with any accompanying words; dramatic works with any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings and architectural works. All work performed that results in the production of original books, manuals, films, or other original material is the exclusive property of RECEIVING AGENCY. All rights, title, and interest in and to said property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" for copyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may not, by operation of law, vest in RF~EIVING AGENCY or such work may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents, (LGS) GENERAL PROVISIONS Page 7 11/2001 copyrights, trademarks, service marks, certificatiou marks, collective marks, registrations, or such other protection as may be a[~propriate to tile subject matter, and any extensions and renewals thereof. PERFORMING AGENCY shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY aud agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by -- RECEIVING AGENCY, all assistance required to perfect tile rights defined in this Article, witbout any charge or expeuse beyond those amounts payable to PERFORMING AGENCY for the services rendered under tile contract. If federal fuuds are used to finance activities supported by the contract Attachment(s) tbat result in the production of origiual books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free, nouexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes ( I ) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect that "This publication was made possible by grant number from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agency)." In the event the terms of a federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an iovention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a contractor purchases ownership with grant support. PERFORMING AGENCY may publish the results of the contract performance, if those results are subject to copyright law, at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval, PERFORMING AGENCY may still publish the results of the contract performance but shall not reference the Texas Department of Health in any manner. If RECEIVING AGENCY approves and owns the copyright, any publication should include "© (the year of publication), Texas Department of Health, All Rights Reserved." If PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support received from RECEIVING AGENCY. At least six (6) copies of any such publication shall be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. .PERFORMING AGENCY and any subrecipient, as appropriate, shall comply with the standard patent rights clauses in 37 Code of Federal Regulations {}401.14 or Federal Acquisition Regulations 52.227.11. ARTICLE 10. Historically Underutilized Businesses RECEIVING AGENCY shall comply with Texas Government Code, Chapter 216 I, and 1 TAC §{} 111.11- l 1 1.24 et seq., whereby state agencies are required to make a good faith effort to assist historically underutilized businesses (LGS} GENERAL PROVISIONS Page 8 I 1/2001 (HUBs) in receiving contract awards issued by the state to pumhase "goods," which are defined as "supplies, materials, or equipment," services, or public works. If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a good faith effort to subcontract with HUBs during the performance of its contract Atlachment(s) with RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. ARTICLE 11. Conflict of Interest PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any manner with the performance of its obligations under this contract. Poteotial conflicts of interest include an existing business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in any way in any project that is the subject of this contract. ARTICLE 12. Certification of Software, Hardware, Firmware and Micro Code Products PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro code products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall operate "accurately" in the manner in which they were intended when given a "valid date" containing' century, year, month, and day. For purposes of this Article, "supplied or supported software, hardware, firmware, and micro code products" does not include software supported by RECEIVING AGENCY or an agency of the federal government. PERFORMING AGENCY is responsible for installing and implementing any versions of any software provided by RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract. For purposes of this Article, a) "accurately" is defined to include the following: 1) calculations shall be correctly performed using four-digit year processing; 2) functionality-on-line, batch including entry, inquiry, maintenance and updates shall support four-digit year processing; 3) interfaces and reports shall support four-digit year processing; 4) processing with a four-digit year shall occur without human intervention; 5) correct results in forward and backward date calculation spanning century boundaries shall be provided; 6) correct leap year calculations shall be performed; and, 7) processing correct results in forward and backward date calculation spanning century boundaries shall occur; b) "date integrity" shall mean all manipulations of time-related data (dates, durations, days of week, etc.) shall produce desired results for all valid date values within the application domain; c) "explicit century" shall mean date elements in interfaces and data storage permit specifying century to eliminate date ambiguity; (LGS} GENERAL PROVISIONS Page 9 I 1/2001 d) "extraordinary actions" shall be defined to mean any action outside the normal documented processing steps ~identified in the product's reference documentation; e) "general integrity" shall mean no value for current date will cause interruptions in desired operation; f) 'mplic~t century' sba I mean for any data element without century, the correct century is unambiguous for all manipulations involving that document; g) "product" or "products" shall be defined to include, but is not limited to, any supplied or supported hardware, software, firmware and/or micro code; h) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year. PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from a'ny vendor/licensor from which it obtains product(s), that product(s) delivered and installed under the contract/license shall accurately process valid date data when used in accordance with the product documentation provided by the contractor/licensor and require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under the contract/license shall possess general integrity, date integrity, explicit and implicit century capabilities. If the contract/license requires that specific products shall perform as a system in accordance with the foregoing warranty, then the warranty shall apply to those listed products as a system. The duration of this' warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and subject to, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the contract/license; provided, that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or replacement of any supplied product if its noncompliance is discovered and made known to the contractor/licensor in writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contract/license. RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt. ARTICLE 13. Standards for Financial and Pro~lrammatic l~n~oement PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative Procedures Manual. Those requirements shall include at a minimum: A. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; B. Financial management systems including accurate, correct, and complete accounting records, that identify the source and application of funds provided under each Attachment, and that support the information contained in required financial reports; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allowableness, and allocability of costs; and th-nely and appropriate audits and resolution of any findings; and, (LGS) GENERAL PROVISIONS Page l0 I 1/2001 C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasouable efforts to collect from patients and third parties. PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before submitting any request for reimbursement to RECEIVING AGENCY. A third party payer is any person or entity who has the legal responsibility for paying all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services authorized by the Attachment(s). PERFORMING AGENCY and its governing body shall bear full responsibility ~'or the integrity of the fiscal and programmatic management. Such responsibility shall include: accountability for all funds and materials received from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self- evaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any contract provisions or other requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. ARTICLE 14. Bonding PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond, insurance, or self-insurance shall provide 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. ARTICLE 15. Funding Participation Requirement PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in securing other funding unless directed or approved by RECEIVING AGENCY. ARTICLE 16. Allowable Costs and Audit Requirements Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative requirements are as follows: Applicable Cost Principles* I Audit Requirements* Administrative Requirements* OMB Circular A-87, State, I OMB Circular A-133 and UGMS UGMS Local and Tribal Governments (LGS) GENERAL PROVISIONS Page 11 11/2001 Tbe OMB circulars cited above shall be applied with the modifications prescribed by UGMS. PERFORMIlq'G AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and compliance audit (Siagle Audit) if required by OMB Circular A-133 and/or UGMS, p ,, art IV, State of Texas Single Audit C rcular" The audit shat[ be of PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit sbal[ be conducted by an indepeudent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, aud UGMS. PERFORMING AGENCY shall procure audit services in compliance with state procurement procedures, as well as with the provisions of UGMS. If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required. RECEIVING AGENCY will provide PERFORMING AGENCY with written audit audit is required, requirements ifa limited scope Within thirty (30) days of receipt of the audit reports required by this section, PERF?RMING AGENCY/AUTHORIZED CONTRACTING ENTITY sball submit a copy to RECEIVING AGENCY s Internal Audit Division.. ARTICLE 17. _Terms and Conditions of Pa~cment For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not exceed the total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service, work, and/or product has been satisfactorily performed and authorized in accordance with this contract. PERFORMING AGENCY shall have incurred a cost within the applicable Attachment term to be eligible for reimbursement under this contract and prior to claiming reimbursement. PERFORMING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher (TDH Form B-13) or any other form designated by RECEIVING AGENCY monthly within thirty (30) days followin the end o the bill PERFORMING AGEN ~,.,n ~-~: ...... g fthe month covered by · ' CY s .....°,,oma a rcanoursement request as a final close-out bill not later than mnety (90) days following the end of the applicable Attachment term(s) for costs encumbered on or before the last day of the Attachment term. Reimbursement requests submitted and postmarked more than ninety (90) days following the end of the applicable Attachment term will not be paid. (Additional information regarding reimbursement request deadline is available at www. tdh.state, tx. us/grants/hot_topics.htm#deadline.) PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including advance payments from RECEIVING AGENCY· Funding from this contract may not be used to supplant [i.e., use in place of funds dedicated, appropriated or expended for activities funded through the Attachment(s)] state or local funds, but PERFORMING AGENCY shall use the funds from this contract to increase state or local funds currently available for a particular activity. PERFORMING AGENCY shall make a good faith effort to maintain its current level of support. PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under the Attachment. GENERAL PROVISIONS Page 12 11/2001 RECEIVING AGENCY shall determine Whether costs submitted by PERFORMING AGENCY are allowable and reimbursable.'- If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within thirty (30) days of written notice. RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the date(s) due. RECEIVING AGENCY may take repayment from funds available under any contract Attachment, active or expired, in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. ARTICLE 18. Advance Payments PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for cash disbursement. PERFORMING AGENCY shall make the request on a State of Texas Purchase Voucher, accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'S Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable Attachment period or at a later time in the applicable Attachment per!od if circumstances so warrant. Approval of the request for advance will be at the discretion of RECEIVING AGENCY. If the request is approved, the voucher will be processed; if disapproved, RECEIVING AGENCY will provide written notification to PERFORMING AGENCY. RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable Attachment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance funds shall be expended during the applicable Attachment term so that, after the final monthly billing, PERFORIvIING AGENCY shall not have advance funds on hand. If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may adjust the amount of allowable advance in accordance with the above formula. If PERFORlvIING AGENCY is requesting an upward adjustment, PERFORIvIING AGENCY shall submit a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward, RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment. ARTICLE 19. Program Income PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service gystem and a schedule of fees for personal health services in accordance with the provisions of Health and Safety Code § 12.031; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC {}1.91; and other applicable laws. No patient may be denied a service due to inability to pay. All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the Attachment(s) during the term of the Attachment(s) are considered program income. Program income will be used by PERFORMING AGENCY to further the program objectives of the state/federal statute under which the Attachment(s) was/were made, and it shall be spent on the same project in which it was generated. PERFORMING AGENCY shall identify and report this income utilizing the forms and time frames specifted in the Reports Article of these provisions. (LGS) GENERAL PROVISIONS Page 13 11/2001 PERFORMING AGENCY shall utilize one of the following methods for applying program income: A. Additive method - add the program income to the funds already committed to the project by both parties. B. Deductive method - deduct the program income from the total allowable costs to determine the net allowable costs. PERFORMING AGENCY shall expend program income during the Attachment term in which it is earned, and may not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be refunded to RECEIVING AGENCY. RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the applicable Attachment(s). ARTICLE 20. Overtime Com~sation PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the~ normal rate of pay for hours worked in excess of normal working hours. ARTICLE 21. E ni merit and Su lies In accordance with Health and Safety Code, §12.053, title to all equipment and supplies purchased from funds from this contract shall be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the Attachment is terminated. Equipment is defined as tangible nonexpendable personal property with an acquisition cost of more than $1,000 and a useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, ~ video recorder/players, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances, and incubators. If the unit cost of these exception items is more than $500, they are considered equipment, shall be approved for purchase by RECEMNG AGENCY, and are considered capital assets for inventory purposes. The acquisition cost is the net invoice unit price of an item of equipment, including the cost of any necessary modifications, attachments, accessories or auxiliary apparatus necessary to make the property usable for the purpose for which it was acquired. Supplies are defined as consumable items necessary to carry out the contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those deftned as equipment above. All items of equipment purchased with Attachment funds shall be itemized in the contract budget. Any changes to the equipment list contained in the budget shall be approved in writing by RECEIVING AGENCY. PERFORMING AGENCY will submit a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, RECEIVING AGENCY will notify PERFORMING AGENCY by means of a written budget modification. PERFORMING AGENCY shall maintain a nonexpendable personal property (equipment) inventory and submit an annual cumulative report (TDH Form GC-1 I) to RECEIVING AGENCY no later than October 15th of each year. (LGS) GENERAL PROVISIONS Page 14 11/2001 PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this contract so as' to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said assets. If any item of equipment is no longer needed to perform services under the contract or becomes inoperable, PERFORMING AGENCY shall request disposition instructions in writing from RECEIVING AGENCY. Upon termination or expiration of applicable Attachment(s) that are not renewed, title to any remaiaing equipment and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to PERFORMING AGENCY. ARTICLE 22. Contracts with Subrecipients PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in specific Attachment(s). Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of an Attachment, whichever is greater, PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY. Contracts with subrecipients 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 Attachment(s) or cover a term within the beginning and ending dates of the applicable contract Attachment(s); · Records retention requirements consistent with UGMS; · Access to inspect the work and the premises on which any of the work is performed, in accordance with the Inspections Article contained in this contract; and, · All clauses required by state/federal statutes, executive orders, and their implementing regulations. PERFORMING AGENCY agrees that all contracts with subrecipients containing a categorical budget shall include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate. PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. pERFORMING AGENCY shall monitor both financial and programmatic performance and maintain pertinent records that shall be available for inspection by RECEIVING AGENCY. pERFORMING AGENCY shall ensure that: · Subrecipients are fully aware of the requirements imposed upon them by state/federal statutes and regulations; · Subrecipients comply with all financial management requirements as defined by RECEIVING AGENCY, UGMS and the applicable OMB circulars; · Subrecipientscomplete required audits; (LGS) GENERAL PROVISIONS Page 15 I 1/2001 · An adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit reports and the resolution of any findings and questioned costs cited by these reports; and, that · RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation of contract funds by subrecipients. ARTICLE 23. Contracts for Procurement PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY for the performance of any subcontracted activity. Contracts for procurement shall be in writing and contain the following provisions: · Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (contracts other than small purchases). · Termination for cause and for convenience by PERFORMING AGENCY including the manner by which it xvill be effected and the basis for settlement (all contracts in excess of $10,000). · Compliance with the Copeland "Anti-Kickback" Act (18 USC {}874) as supplemented in Department of Labor regulations (29 CFR Part 3) (all contracts and Subgrants for construction or repair). · Compliance with. 8§ 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 88327-' 330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). · Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. · Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service marks, copyrights, and patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. · RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data. · Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United States, the State of Texas or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. · Retention of all required records for the required retention period after RECEIVING AGENCY makes final payments and all other pending matters are closed. · Compliance with all applicable standards, orders, or requirements issued under §306 of the Clean Air Act (42 USC §7401), 8508 of the Clean Water Act (33 USC 81368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000). · .Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued m compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC §§6201, et seq., as amended. ARTICLE 24. Reports Financial reports are required a~ provided in UGMS, and PERFORMING AGENCY shall file them regardless of whether expenses have been incurred. (LGS) GENERAL PROVISIONS Page 16 11/2001 For each Attachment, 'PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental-Form 269A (TDH Form GC-4a) within thirty (30) days following the end of each of the first three (3) quarters. PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269A (TDH Form GC-4a), not later than ninety (90) days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase Voucher with the final financial report if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds received. PERFORMING AGENCY shall submit program and progress reports required by RECEIVING AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY other reports including financial reports RECEIVING AGENCY determines necessary to accomplish the objectives of this contract and to monitor compliance. If PERFORMING AGENCY is legally ,prohibited from providing such reports, it shall immediately notify RECEIVING AGENCY. ARTICLE 25. Inspections RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its subrecipient(s) ' shall participate in inspections and provide reasonable access, facilities, and assistance to the representatives. Ali inspections and evaluations will be conducted in such a manner as will not Unduly interfere with the work. PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination, excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Any deficiencies ~dentffied by RECEIVING AGENCY upon examination of pEREORMING 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 thirty (30) days of receipt of RECEIVING AGENCY'S findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the deficiencies are properly remedied. ARTICLE 26. Records Retention pERFORMING AGENCY and its subrecipients or subcontractors shall retain medical records in accordance with 22 Texas Administrative Code (TAC), Part 9, § 165.1 (b)(c) or other applicable statutes and regulations governing medical information. PERFORMING AGENCY shall retain and preserve all other records, including financial records, which are generated or collected by PERFORMING AGENCY or its subrecipients or subcontractors unde. r the terms of this contract, for a period of four (4) years after the termination of the contract. If the contract Is funded through Medicaid, the federal retention period shall apply, if more than four (4) years. PERFORMING (LGS} GENERAL PROVISIONS Page 17 11/2001 AGENCY and its subrecipients shall retain all records for a contract that is the subject of litigation or an audit until the lit/gationjs ended or all questions pertaining to the audit are resolved. Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein. ARTICLE 27. Patient or Client Records Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY shall share all patient or client information with RECEIVING AGENCY when the contract involves patient or client care by the PERFORMING AGENCY. RECEIVING AGENCY may require PERFORMING AGENCY, or any subrecipient, to transfer a client or patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient. In the event of termination or exp ration of Attachment(s), RECEIVING AGENCY may reqmre the transfer of client or patient records as authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue the service or to RECEIVING AGENCY. At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the. records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may arise, to the extent authorized by l~w. PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer through any means, including electronically, an identifiable client record, including a patient record, to another entity or person without written consent from the client or patient, or someone authorized to act on his or her behalf. Written consent shall be given on a form provided by RECEIVING AGENCY or as otherwise authorized by law, including the Texas OcCupations Code, Chapter 159, as amended. ARTICLE 28. C0nfidentiali .ty PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under this contract. PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, including information required by the Reports Article, except in accordance with applicable law. If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING AGENCY'S policies based on the model HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Health and Safety Code §85.112-114. ARTICLE 29. _S. anctions RECEIVING AGENCY may impose sanctions for any breach of contract, and will monitor PERFORMING AGENCY for both programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless (LGS) GENERAL PROVISIONS' Page 18 11/2001 the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. RECEIVING AGENCY may: A. Terminate all or a part of the contract. Termination is the permanent withdrawal of PERFORMING AGENCY' S authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by PERFORMING AGENCY of the authority to obligate previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. Termination does not include: (1) withdrawal of funds awarded on the basis of PERFORMING AGENCY'S underestimate of the unobligated balan? in a prior period; (2) withdrawal of the unobligated balance as of the expiration of a contract; (3) refusal to extend a contract or award additional funds, to make a competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception; B. Suspend all or part of the contract. Suspension is, depending on the context, either (1) the temporary withdrawal of PERFORMING AGENCY'S autharity to obligate funds pending corrective action by PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the contract,' or (2) an action taken by a suspending official in accordance with agency regulations implementing Executive Order 12549 to immediately exclude a person from participating in contract transactions for a period, pending completion of an investigation and such legal or debarment proceedings as may ensue. pERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension; C. Disallow (deny both use of funds and matching credit for) all or part of the activities or action not in compliance; D. Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of advances or reimbursements to pERFORMING AGENCY or its subrecipient(s) for proper charges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or indebtedness to the United States or to the State of Texas; E. Permanently withhold cash payments. Permanent withholding of cash payment means that RECEIVING AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract provisions; or c) indebtedness to the United States or to the State of Texas; F. Deny contract renewal or future contract awards to a pERFORMING AGENCY; G. Delay contract execution with pERFORMING AGENCY while other imposed or proposed sanctions are pending resolution; H. Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY; (LGS) GENERAL PROVISIONS Page 19 11/2001 I. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY thau would routinely be accomplished; J. Require PERFORMING AGENCY to obtain technical or managerial assistance; K. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or reimbursement by PERFORMING AGENCY; L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; M. Require additional, more detailed, financial and/or programmatic reports to be submitted by PERFORMING AGENCY; N. Demand repayment from PERFORMING AGENCY; O. Reduce the contract funding amount for failure to achieve or maintain tbe proposed level of service, to expend funds appropriately and at a rate which will make full use of the award, or to provide services as set out in the contract; and, P. Impose other remedies provided by law. RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions imposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective action. In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution, by dellvenng written nohce to PERFORMING AGENCY, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: " PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety by failing to provide services, providing inadequate services, providing unnecessary services, or utilizing resources so that the public or clients do not receive the benofits contemplated by the contract scope of work performance measures; or · PERFORMING AGENCY fails to achieve a performance measure; (LGS} GENERAL PROVISIONS Page 20 11/2001 · PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in accordance: with applicable federal or state laws and regulations or the provisions of the contract; or · PERFORMING AGENCY is expending funds inappropriately. Whether PERFORMING AGENCY'S conduct or inaction is an emergency will be determined by RECEIVING AGENCY on a case-by-case basis and will be based upon the egregious nature of the noncompliance or conduct. ARTICLE 30. Sanction Review PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, reduction of contract funding or other contract amendment resulting from noncompliance, and denial of contract renewal or future contract awards. PERFORMING AGENCY shall make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification by providing written notice of the dispute to the person who signed the notification. PERFORMING AGENCY'S notice shall contain the following: (1) a copy of the letter from RECEIVING AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the' basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of PERFORMING AGENCY'S position; and (7) a statement and authorities in support of pERFORMING AGENCY'S position. Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following documents: (1) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; °r (3) signed acknowledgment of delivery. RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the dispute is not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or require additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable means. The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of further proceedings. A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article to give effect to both. ARTICLE 31. Breach of Contract Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. (LGS) GENEIL~.L PROVISIONS Page 21 I 1/2001 ARTICLE 32. Termination Each Attachment shall terminate upon the exp ration date of the Attachment unless extended by written amendment ~n accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract may be terminated with or without cause as set out below. A. Termination without cause. (I) Either party may terminate this contract with at least ninety (90) days prior written notice to the other party. (2) The parties may terminate this contract by mutual agreement. (3) Either party may terminate this contract with at least thirty (30) days prior written notice to the other party in the event state and/or federal funding for this contract is terminated, limited, suspended, or withdrawn. (4) RECEIVING AGENCY may terminate this contract when, in the sole determination of RECEIVING AGENCY, termination is in the best interest of the State of Texas. B. Termination for cause. (1) Either party may terminate for material breach of contract with at least thirty (30) days written - notice to the other party. (2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the contract objectives, by giving at least thirty (30) days written notice to PERFORMING AGENCY. Such conduct may include one or more of the following: (a) A court of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to allow its employees or those of its subrecipients to communicate with RECEIVING. AGENCY as necessary to the performance of the contract; (c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; (d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the personnel or resources to perform under the contract; (e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable treatment; (f) PERFORMING AGENCY'S management system does not meet the UGMS management standards; or (g) PERFORMING AGENCY appears to be financially unstable. Indicators of financial instability may include one or more of the following: (i) PERFORMING AGENCY fails to make payments; (ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors; (LGS) GENERAL PROVISIONS Page 22 11/2001 (iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally " as they become due; or (iv) If judgment for the payment of money in excess of $50,000 (which is not covered by insurance) is rendered by any court or governmental body against PERFOR~MING AGENCY, and PERFORMING AGENCY does not (a) discharge the judgment or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) days from the date of entry thereof, and within the thirty (30)-day period or a longer period during which execution of the judgment shall have been stayed, appeal therefrom and cause the execution thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles. C. Emergency termination. In emergency circumstances, RECEIVING AGENCY may terminate the contract immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined in the Sanctions Article. Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will attempt to resolve any issues related to the anticipated termination in good faith during the notice period. Upon termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be~ discharged from any further obligation created under the applicable terms of this contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not, however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract. ARTICLE 33. Void Contract RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained fraudulently or was otherwise illegal or invalid from its inception. ARTICLE 34. Severabili~. If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. ARTICLE 35. Local Health Department Personnel All local health department personnel funded by Attachment(s) to this contract are employees of pERFORMING AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY shall have in place legally sufficient due process hearing procedures for all of its employees filling state-budgeted positions. PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided, however, that any demotion, suspension, or discharge of such state-budgeted employees shall be in accordance with the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid (LGS) GENEKAL PROVISIONS Page 23 11/2001 employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, arid restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state-budgeted position may receive a salary supplement fi'om any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes the payment to such employee ora so-called "flat rate" car allowance or travel allowance. Any travel or per diem allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not exceed the reim bursement for In ileage and/or per diem allowed under the Appropriations Act and current state travel regulations. This restriction shall apply whether travel funds are provided in Attachment(s) under this contract or from ally other source. PERFORMING AGENCY shall 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 tbese positions will be subject to approval of RECEIVING AGENCY'S Bureau of Humfin Resources. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY shall ma nta n required records and submit documents necessary to process personnel, payrol, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. An independent audit is not required as a condition of this contract if the contract Attachment provides assistance ' through assignment of state-budgeted positions and no funds are budgeted for local costs. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state- budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the request is granted. ARTICLE 36. S__urvival of Term~ Termination or expiration of this contract for any reason shall not release either party from any liabilities or obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. ARTICLE 37. Construction of Ambiguifi~ The parties expressly agree that they have each independently read and understood this contract. Any ambiguities in this contract shall not be construed against the drafters. GENERAL PROVISIONS Page 24 Il/2001 ARTICLE 38. No Waiver of Sovereign Immuni~. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. ARTICLE 39. Certification The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the performance of governmental functions and services from current revenues available to RECEIVING AGENCY. The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed under the contract. (LGS) GENERAL PROVISIONS Page 25 11/2001 DOCUMENT NO. 7560022067-2004 ATTACHlvIENT NO. 01 PURCHASE ORDER NO. 0000001134 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: ASSOCIATE COMMISSIONER FOR FAMILY HEALTH TERM: September 01, 2003 THRU: February 29, 2004 SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall deliver comprehensive health care services to eligible Iow- income individuals as authorized under the Health and Safety Code, Chapter 31, Texas Primary Health Care Services Act. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this contract Attachment unless amended. The following documents are incorporated by reference and made a part of this contract Attachment. These include: · RECEIVING AGENCY Title V FY 04 Renewal Application; · PERFORMING AGENCY FY 04 Renewal Application and any revisions; · RECEIVING AGENCY Title V FY 03 Continuation Request for Proposal (RFP); · PERFORMING AGENCY FY 03 Continuation Application and any revisions; · RECEIVING AGENCY Family & Community Health Services Grants FY2002 Competitive Request For Proposal (RFP); · PERFORMING AGENCY FY2002 Competitive Application and any revisions; · RECEIVING AGENCY'S Primary Health Care Program Rules, 25 TAC, Chapter 39; · RECEIVING AGENCY'S Primary Health Care (PHC) Handbook, and any revisions; · Texas Primary Health Care Services Act, Health and Safety Code, Chapter 31; and · RECEIVING AGENCY'S Client Services Standards for Public Health and Community Clinics, revised June 1997. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue performance under this Attachment in compliance with the amended standard(s) or guideline(s). RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. ATTACHMENT - Page 1 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. PERFORMING AGENCY shall report on: · Screening, referral and PHC eligibility services (PHC-200) · Client intake - new and recertified clients (PHC-200) · Number of PHC eligible clients receiving medical services (PHC-200) · Clients served by month (PHC-200) · Cost and type of services provided (PHC-200) · Client demographic data (PHC-300) (annual) PERFORMING AGENCY shall report quality measures on the: · Clinical Process = Outcome Measures report (PHC-301) · Client Satisfaction Survey (PHC-302) (annual) PERFORMING AGENCY shall use the required eligibility system as described in the PHC Handbook or other system designated by RECEIVING AGENCY as the initial step. CO-PAY PERFORMING AGENCY may assess co-pay from clients provided services by RECEIVING AGENCY under this Attachment. A co-pay assessment may not exceed 25% of the amount RECEIVING AGENCY pays PERFORMING AGENCY for the provision of a given service. A client shall not be denied services due to inability to pay. Local Health Departments shall comply with RECEIVING AGENCY fee collection policies detailed in 25 TAC § 1.91. PERFORMING AGENCY shall make reasonable efforts to investigate and apply for all other sources of third party funding available to or identified by the patient before submitting claims for allowable costs to RECEIVING AGENCY Program. When each client is enrolled, the client shall be assigned to a specific primary care provider for preventive, episodic and chronic care to foster continuity and efficiency of care. PERFORMING AGENCY shall provide services to clients who live or who receive services in the following county (ies)/area: Lamar. ATTACHMENT - Page 2 SECTION II. SPECIAL PROVISIONS: General Provisions, Reports Article, is revised to include the following: PERFORMING AGENCY shall submit a Program Services Report within 30 days following the end of the month. A final Program Services Report shall be submitted on or before May 31, 2004. RECEIVING AGENCY Program requires comprehensive reports that allow the Program to assess the volume and quality of services being provided. ATTACHMENT - Page 3 SECTION III. BUDGET: PERSONNEL $41,625.00 FRINGE BENEFITS 11,655.00 TRAVEL 630.00 EQUIPMENT 0.00 SUPPLIES 3,210.00 CONTRACTUAL 15,299.00 OTHER 3,360.00 TOTAL DIRECT CHARGES $75,779.00 INDIRECT CHARGES $0.00 TOTAL $75,779.00 Total reimbursements will not exceed $75,779.00. Financial status reports are due the 30th of December, and the 30th of May. ATTACHMENT - Page 4 TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Document No. 7560022067 2004 COUNTY OF TRAVIS Contract Change Notice No. 01 The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with PARIS-LAMAR COUNTY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT NO. 02 : BNS - WIC CARD PARTIC~ATION All terms and conditions not hereby amended remain in full force and effect: EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CITY OF PARIS Authorized Contracting Entity (type above if different f~om PERFORMING AGENCY) for and in behalf of.' PERFORMING AGENCY: RECEIVING AGENCY: TEXAS DEPARTMENT PARIS-LAMAR COUNTY HEALTH DEPARTMENT ~, ~,~F HEA~___~ By: By: (Signature of person authorized to sign) (Signature of person authorized to sign) Bob Burnette, Director Procurement and Contractin~ Services Division (Name and Title) (Name and Title) Date: Date: (~L~OI~hMJNG ,~G~I~ICY Dtr'~'~ctor, if different fx, d~m person authorized to sign contract SC PCSD - Rev. 2/03 Cover Page ! EXHIBIT . DETAILS OF ATTACHMENTS Att/ TDH Program ID/ Term Financial Assistance Direct Total Amount Amd TDH Purchase Order Assistance (TDH Share) No. Number Begin End Source of Amount Funds* ACFI-FPHC 01 0000001134 09/01/03 02/29/04 State 75,779.00 0.00 75,779.00 BNS/WIC-CARD 02 0000001391 10/01/03 09/30/04 93.268 10.557 0.00 0.00 0.00 TDH Document No.7560022067 2004 Totals Chan[~e No. 01 $ 75,779.00 $ 0.00 $ 75,779.00 *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 DOCUMENT NO. 7560022067-2004 ATTACHMENT NO. 02 PURCHASE ORDER NO. 0000001391 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES TERM: October 01, 2003 THRU: September 30, 2004 SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall provide supplemental food instruments; nutrition education and counseling, and immunizations to enhance 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, PERFORMING AGENCY shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. PERFORMING AGENCY shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the terms and specifications of RECEIVING AGENCY'S Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or the United States Department of Agriculture (USDA) as referenced in this Attachment. During the term of this Attachment, USDA will issue regulations, instructions, policies and/or directives which may be incorporated into the State WIC Policy and Procedures Manual and program rules. PERFORMING AGENCY shall provide services in the authorized geographic service area(s) described in PERFORMING AGENCY'S application and agreed to by RECEIVING AGENCY. PERFORMING AGENCY can change the authorized geographic service area(s) with approval from RECEIVING AGENCY. If RECEIVING AGENCY disagrees on change of geographic service area(s), PERFORMING AGENCY may terminate this contract with at least thirty (30) days written notice. B. Assist in the collection of data that shall identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by RECEIVING AGENCY Program's written rules and policies for the compilation of such data. C. Determine eligibility of applicants through assessment of their income, residence and nutritional status; provide nutrition education and counseling; provide immunizations; train staff; conduct outreach to potential applicants; make referrals to other health and human service providers; complete surveys as requested; and maintain records as required by RECEIVING AGENCY Program's written rules and policies. ATTACHMENT - Page I D. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. PERFORMING AGENCY shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. E. Issue prenumbered food instruments furnished by RECEIVING AGENCY to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from RECEIVING AGENCY; and be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. PERFORMING AGENCY shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the State WIC Policy and Procedure Manual. F. Review the immunization records of WIC Program applicants/participants and provide immunizations as needed in accordance with the WIC Policy and Procedures Manual or as otherwise approved in writing by RECEIVING AGENCY Program. G. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Annual Plan of Operations as approved by RECEIVING AGENCY and incorporated by reference. H. Implement or expand PERFORMING AGENCY'S breastfeeding peer counseling program for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants in normal breastfeeding situations, when funding is available, if participation in this program is requested by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. I. Implement lactation services for WIC clients who have breastfeeding problems that are beyond the expertise of their local WIC staff and/or peer counselors using International Board Certified Lactation Consultants or the most qualified equivalent. Lactation services may also include staff training and lactation equipment. RECEIVING AGENCY will provide written approval of PERFORMING AGENCY'S plan to use lactation funding. The plan shall include qualifications of any non-board certified lactation consultant PERFORMING AGENCY proposes to use. J. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of PERFORMING AGENCY'S staff is approved in writing by the RECEIVING AGENCY to participate in RECEIVING AGENCY'S dietetic internship program. This internship shall consist of no less than 900 hours of supervised learning experiences in a variety of nutrition-related facilities and shall prepare PERFORMING AGENCY'S selected staff member to better meet the needs of WIC participants. ATTACHMENT - Page 2 K. RECEIVING AGENCY will provide three (3) types of breastpumps for eligible WIC participants by distributing breastpumps to PERFORMING AGENCY or by authorizing PERFORMING AGENCY to purchase bmastpump collection kits. If PERFORMING AGENCY is authorized to purchase the breastpump collection kits, RECEIVING AGENCY will provide written notification of the specific types of collection kits. If this requirement is implemented, then the actual cost of collection kits purchased by PERFORMING AGENCY will be reimbursed by RECEIVING AGENCY utilizing WlC Food Grant funds. When PERFORMING AGENCY receives or is authorized to purchase collection kits, Nutrition Services and Administration funds may not be used for that purpose. The cost for the purchase of the breastpump collection kits will not affect administrative surplus calculations. The number and cost of the collection kits purchased shall be identified separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, Form B-13). L. Implement or expand PERFORMING AGENCY'S use of a registered dietitian (RD) to provide an array of technical services. With prior written approval from RECEIVING AGENCY, obtain the services of a RD who is registered with the Commission on Dietetic Registration to provide services for PERFORMING AGENCY such as: assistance with quality assurance, staff training, assistance with the annual nutrition education and breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PERFORMING AGENCY shall comply with all applicable federal and state laws, roles, regulations, standards, and guidelines in effect on the beginning date of this Attachment unless amended. The following documents are incorporated by reference and made a part of this contract Attachment. 1. Child Nutrition Act of 1966, as amended, 42 USC 1786; 2. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 3. RECEIVING AGENCY'S Quality Care: Client Services Standards for Public Health and Community Clinics; 4. WlC Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; 5. Food and Nutrition Service (FNS) Guidelines; and 6. FNS Instructions issued under the FNS Directives Management System. A copy of the current WlC Policy and Procedure Manual has been made available to PERFORMING AGENCY. The WlC Policy and Procedure Manual, all revisions made to the WlC Policy and Procedure Manual through the Texas WlC Bulletin, and written notices are incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to become familiar with the contents and procedures contained within the WlC Policy and Procedure Manual. PERFORMING AGENCY shall comply with all of the requirements of the WlC Policy and Procedure Manual and Program roles as well as state and federal laws and amendments governing or regulating the WlC Program. ATTACHMENT - Page 3 PERFORMING AGENCY is responsible for ensuring that employees or agents acting on behalf of the PERFORMING AGENCY comply with all of the requirements of the WIC Policy and Procedure Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program. Within thirty (30) days of receipt of an amended policy or rule, PERFORMING AGENCY shall inform RECEIVING AGENCY program in writing if it will not continue performance under this Attachment in compliance with the amended policy or rule. RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. PERFORMANCE MEASURES The following performance measures will be used to assess, in' part, PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. · 98% of families who participate in the WIC program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food voucher issuance; · Of all pregnant women who enter the WIC program, at least 32% shall be certified as eligible during the period of the first trimester of their pregnancy; · 88% of clients who are enrolled in the program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); 60% of infants whose mothers were participants in the program during pregnancy shall be breast-fed at or before the time of their certification of eligibility; · 98% of clients who indicate during the enrollment process that they have no source of health care shall be referred to at least one source of health care at certification of eligibility; and, · A monthly activity report which demonstrates PERFORMING AGENCY'S efforts towards meeting assigned annual targets shall be completed and submitted to RECEIVING AGENCY within seven (7) working days after the end of each month. SECTION II. SPECIAL PROVISIONS: General Provisions, Assurances Article, is hereby amended to include the following: PERFORMING AGENCY hereby agrees that it shall 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 § ATTACHMENT - Page 4 794, Age Discrimination Act of 1975, 42 USC §§ 6101 et seq.; all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246; Department of Justice Guidelines for Enfomement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 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 PERFORMING AGENCY receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Attachment. PERFORMING AGENCY shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain' compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Services, has the right to seek judicial enforcement if PERFORMING AGENCY violates any nondiscrimination laws. This Assurance is binding on 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 PERFORMING AGENCY. General Provisions, Standards for Financial and Programmatic Management Article, Item A, regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are not applicable to this Attachment. General Provisions, Terms and Conditions of Payment Article, is hereby modified to include the following paragraphs: The participant caseload will be assigned by RECEIVING AGENCY Program by giving written notice to PERFORMING AGENCY. The participant caseload is subject to change upon written notice to PERFORMING AGENCY from RECEIVING AGENCY Program with PERFORMING AGENCY'S concurrence. PERFORMING AGENCY assumes liability for all food costs resulting from PERFORMING AGENCY exceeding its 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. RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, making participant, referrals, vendor evaluation, outreach, start-up costs and general administrative support. 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 instruments each month plus infants who do not receive any food ATTACHMENT - Page 5 instruments whose breastfeeding mothers were participants to the extent that the total so derived does not exceed 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. Surplus encumbered by September 30 shall be billed and vouchers received by RECEIVING AGENCY no later than December 31, 2003. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Attachment, PERFORMING AGENCY shall earn administrative funds at the rate of $11.41 for each participant served as defined above. PERFORMING AGENCY shall provide immunizations under the WIC Special Initiative through September 30, 2004, unless otherwise notified in writing by RECEIVING AGENCY. Immunizations administered and funded under the WIC Special Initiative to WIC participants/applicants and their siblings will earn administrative funds at the rate of $5.86 per immunization as reported to RECEIVING AGENCY via the Texas WIN automated system. The per-shot rate is based on actual cost. When the study of cost-per- shot shows a different actual cost, then the rate of compensation paid per-shot will change. The PERFORMING AGENCY will be notified of the change and will have thirty (30) days to provide written notice to the RECEIVING AGENCY if it intends to terminate this contract. PERFORMING AGENCY agrees that: (1) PERFORMING AGENCY shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance. (2) RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed PERFORMING AGENCY'S assigned participant caseload, plus any incentive funds allocated to PERFORMING AGENCY by RECEIVING AGENCY. (3) RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the lesser of the rate approved by RECEIVING AGENCY'S Fiscal Division or twenty (20) percent applied to PERFORMING AGENCY'S total direct salaries plus benefits reimbursed by RECEIVING AGENCY. However, approval shall be obtained from RECEIVING AGENCY'S Fiscal Division before the recovery of any indirect costs is permitted, except for indirect cost recoveries using amounts contained in the Uniform Grants Management Standards (UGMS) for which approval can be granted by the WIC Program office. ATTACHMENT - Page 6 (4) RECEIVING AGENCY will identify annually to PERFORMING AGENCY an amount of funds that shall be spent for breastfeeding promotion. The allocation of breastfeeding funds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S proportional share of the statewide combined total of pregnant and breastfeeding paaicipants as reported to RECEIVING AGENCY. (5) 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 PERFORMING AGENCY, or PERFORMING AGENCY is not complying with the provisions of USDA and/or RECEIVING AGENCY directives. (6) RECEIVING AGENCY reserves the fight to utilize a competitive offering for the award of any future contracts at the end of the term of this Attachment. (7) 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. RECEIVING AGENCY will provide written notification to PERFORMING AGENCY of such fact. (8) RECEIVING 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 RECEIVING AGENCY Program to do so. If PERFORMING AGENCY exceeds the amount of earned administrative funds as stated above, PERFORMING AGENCY shall continue to bill RECEIVING 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. (9) RECEIVING AGENCY may provide incentives to WIC local agencies for clients who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. (10) RECEIVING AGENCY may adjust the base reimbursement rate defined above during the term of this Attachment if it is in the best interest of the State and RECEIVING AGENCY and if additional administrative WIC Grant funds are available. PERFORMING AGENCY shall 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, breast-feeding, and other administrative costs. ATTACHMENT - Page 7 General Provisions, Advance Payments Article, is not applicable to this Attachment. However, PERFORMRqG AGENCY will be allowed the option of receiving a two (2) month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Program Income, paragraph one, is not applicable to this Attachment. General Provisions, Overtime Compensation Article, is not applicable to this Attachment. General Provisions, Equipment and Supplies Article, is replaced with the following: PERFORMIbIG AGENCY shall accept responsibility and financial liability for all equipment and supplies purchased with RECEIVING AGENCY funds, whether purchased locally by PERFORMING AGENCY or by RECEIVING AGENCY and transferred to the care and custody of PERFORM]31G AGENCY. PERFORMING AGENCY shall conduct an annual physical inventory of all equipment purchased by RECEIVING AGENCY and submit it at a time to be specified by RECEIVING AGENCY. RECEIVING AGENCY reserves the right to recover the cost of equipment or supplies purchased by RECEIVING AGENCY and placed in the custody of PERFORMING AGENCY if such articles are lost, stolen, or otherwise unaccounted for. General Provisions, Reports Article, second paragraph, second sentence, is replaced with the following: A final report, Financial Status Report, Federal form 269 (TDH Form GC-3), shall be submitted no later than December 31, 2004. General Provisions, Reports Article, third paragraph, is hereby modified to include the following: PERFORMING AGENCY shall submit vaccine report forms as required by RECEIVING AGENCY. PERFORMING AGENCY shall comply with instructions from RECEIVING AGENCY to transmit immunization activity at intervals specified by RECEIVING AGENCY. SECTION III. BUDGET: All categories of costs billed to RECEIVING AGENCY, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by PERFORMING AGENCY and approved by RECEIVING AGENCY. This document is incorporated herein by reference and made a part of this Attachment. ATTACHMENT - Page 8 CERTIFICATION REGARDING LOBBYING 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 off~cer 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 it's instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction impose, d by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not les~~n $1_00,000 for each such failure. 'e Date Print Name of Authorized Individual 7560022067 2004-02 Application or Contract Number PARIS-LAMAR COUNTY HEALTH DEPARTMENT Organization Name and Address 740 SOUTHWEST 6TH PARIS, TX 75460-0000 TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Document No. 7560022067 2004 COUNTY OF TRAVIS Contract Change Notice No. 02 The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with PARIS-LA.MAR COUNTY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT NO. 03: OPHE - LOCAL PUBLIC HEALTH SYSTEM All terms and conditions not hereby amended remain in full force and effect. 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: RECEIVING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT TEXAS DEPARTMENT OF HEALTH By: By: ~ (Signature of person authorized to sign) (Signature of person authorized to sign) Bob Burnette, Director Procurement and Contracting Services Division (Name and Title) (Name and Title) Date: Date: _[~'*?, - ~)).-~)'~ ~),~)0 ,h (~I~ORIVI~ING A~EN~irecto~, iidifferent ~jperson authorized to sign contract SC PCSD - Rev. 2/03 Cover Page 1 DETAILS OF ATTACHMENTS Att/ TDH Program ID/ Term Financial Assistance Direct Total Amount Amd TDH Purchase Order Assistance (TDH Share) No. Number Begin End Source of Amount Funds* ACFH/PHC 01 0000001134 09/01/03 02/29/04 State 75,779.00 0.00 75,779.00 BNSAVIC-CARD 02 0000001391 10/01/03 09/30/IM 93.268 10.557 0.00 0.00 0.012 03 OPHP/LPHS 09/01/03 08/31/04 State93.991 120,519.00 0.00 120,519.012 0000001013 TDH Document No.7560022067 2004 Totals ChanseNo. 02 $196,298.00 $ 0.00 $196,298.0~ *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 DOCUMENT NO. 7560022067-2004 ATTACHMENT NO. 03 PURCHASE ORDER NO. 0000001013 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: OFFICE OF PUBLIC HEALTH PRACTICE TERM: September 01, 2003 THRU: August 31, 2004 SECTION I. SCOPE OF WORK: LOCAL PUBLIC HEALTH SUPPORT FUNDS PERFORMING AGENCY shall use direct assistance and/or financial assistance, as specified in SECTION III, BUDGET, from RECEIVING AGENCY to improve or strengthen local public health infrastructure by: · Developing objective(s) to address a public health issue; · Utilizing resources provided through this contract to conduct activities and services that provide or support the delivery of essential public health services; and · Assessing, monitoring, and evaluating the essential public health services provided, and developing strategies to improve the delivery of essential public health service(s). These tasks shall be performed in accordance with PERFORMING AGENCY'S FY 04 Local Public Health (LPHS) Service Delivery Plan and the FY 04 Texas Application for Preventive Health and Health Services Block Grant Funds. The assessment/evaluation activities must include a standard that is identified in the PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Performance Standards developed by the Texas Association of Local Health Officials, Healthy People 2010 and any federal, state or local law or regulation governing the delivery of essential public health services. Evaluation methods utilizing standards not listed in this contract Attachment must be pre-approved by RECEIVING AGENCY. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards and guidelines in effect on the beginning date of this contract Attachment. The following documents are incorporated by reference and made a part of this contract Attachment: · PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan; · Chapter 23-11 of the Healthy People 2010; ATTACHMENT - Page 1 · Section 121.002, Texas Health & Safety Code, Definition of Ten Essential Public Health Services; and · FY 04 Texas Application for Preventive Health and Health Services Block Grant Funds. Two types of support are available under this program: (I) Direct assistance in the form of state-paid positions and/or (2) Financial assistance from a. General Revenue funds; b. Federal Preventive Health and Health Services Block Grant; and c. Earnings from the Permanent Fund for Children and Public Health under the Government Code, Section 403.1055 DIRECT ASSISTANCE State-paid positions under this contract Attachment shall perform activities as specified in PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan. FINANCIAL ASSISTANCE PERFORMING AGENCY shall direct all resources authorized through this contract toward supporting/providing, assessing, monitoring, and developing strategies to improve essential public health services for addressing public health issues within the jurisdiction served. Performing Agency may not use earnings from the Permanent Fund for Children and Public Health for lobbying expenses under the Government Code, Section 403.1067. PERFORMANCE MEASURES RECEIVING AGENCY shall specify the performance measure(s) to be used to assess, in part, PERFORMING AGENCY'S ability to meet the objectives outlined in the FY 04 LPHS Service Delivery Plan without waiving the enforceability of any of the other terms of the contract. PERFORMING AGENCY shall provide services in the following county(ies)/area: Lamar. SECTION II. SPECIAL PROVISIONS: General Provisions, Reports Article, is revised to include the following paragraphs: PERFORMING AGENCY shall submit quarterly progress reports which describe progress toward completing the activities contained in PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan and any written revisions. PERFORMING AGENCY shall submit the first, second and third quarter's progress reports to ATTACHMENT - Page 2 RECEIVING AGENCY no later than thirty (30) days after the end of each quarter, and the fourth quarter report to RECEIVING AGENCY sixty (60) days after the end of PERFORMING AGENCY'S contract term in a format specified by RECEIVING AGENCY. PERFORMING AGENCY shall submit an Annual Budget and Expenditures Report in a format specified by to the RECEIVING AGENCY by January 31, 2005. ATTACHMENT - Page 3 SECTION III. BUDGET: PERSONNEL $87,979.00 FRINGE BENEFITS 32,540.00' TRAVEL 0.00 EQUIPMENT 0.00 SUPPLIES 0.00 CONTRACTUAL 0.00 OTHER 0.00 TOTAL $120,519.00 Total reimbursements will not exceed $120,519.00. Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th of November. ATTACHMENT - Page 4 CERTIFICATION REGARDING LOBBYING 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 cqnnection 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 it's instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction impose, d by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not ~~)~ d~$100,000 for each su ch failu re. ',--~'HO~ BkTHKI.t ADMINISTRATOR Print Name of Authorized Individual 7560022067 2004-03 Application or Contract Number PARIS-LAMAR COUNTY HEALTH DEPARTMENT Organization Name and Address 740 SOUTHWEST 6TH PARIS, TX 75460-0000