HomeMy WebLinkAboutR87-292RESOLUTION NO. R87-292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE
TDH DOCUMENT NO. C8000552 LOCAL HEALTH SERVICES
CONTRACT.
WHEREAS, the Plainview-Hale County Health District has
contracted, in the past, with the Texas Department of Health in
order to provide numerous services to the citizens of Plainview
and Hale County; and
Wf~F~REAS, the Texas Department of Health has provided the
City, County and Health Department with a new Contract calling for
the expenditure of $78,163.00 in State Funds through the
Plainview/Hale County Health District; and
WHEREAS, a copy of TDH Document No. C8000552 is attached and
hereby made a permanent part of this Resolution; and
WHEREAS, the Plainview-Hale County Health District Board of
Directors has reviewed said Contract and have authorized its
execution.
NOW, T~RREFORE, BE IT RESOLVED by the City Council of the
City of Plainview, Texas that the Mayor is hereby authorized to
execute TDH Document No. C8000552 Local Health Services Contract.
I, Shery1 Owen, City Secretary for the City of Plainview,
hereby certify that the above Resolution was adopted by the
Plainview City Council on this the 13th day of October, 1987.
ATTEST:
~ERYL/OWEN, City Secretary
RECEIVING AGENCY
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3199
IPERFORMING AGENCY:
TDH Document No. C8000552
LOCAL HEALTH SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF TRAVIS
Plainview-Hale County Health District
(City) (State) (Zip Code)
I(Print or Type)
Mailing Address:
Street Address:
(if different)
Authorized Contracting Entity:
Individual(s) Authorized to
qegotiate Conversion/Budget Revision:
(City) (State) (Zip Code)
(If different from PERFORMING AGENCY)
Nonprofit: Yes
Small Business: Yes
Minority/Woman Owned: Yes
No
No
No
Service Area:
(City, County, SMSA, Leg. District, etc.)
PERFORMING AGENCY's Fiscal Year
Ending Month Within Contract:
Amount: $78,163.00
Indirect Cost Agreement Attached:
Indirect Cost Based on UGCMS:
Negoti~Ced Indirect Cost:
Estimated
Number to
be Served:
Type of Local Health Organization (Art. 4436b):
District Components:
Audit Required:
Yes X No
Vendor Name:
Unit
Department
District
(If different from PERFORMING AGENCY)
Vendor Address:
Vendor Identification No.:
Finance Officer/Contact:
(City)
(State) (Zip Code)
Summary of Transac;ion:
Local health services contract for comprehensive and'maternal and
child health activities.
DETAILS OF ATTACHMENTS
-~tt TDH Term Dates. State Pos.I
· Be~in 't End or Grant Source
No. Proaram . of Funds* Amount-
O1 Community-and Rural Health 090187 083188 Pos.(1) State $30,696.00
02 Community and Rural Health 090187:083188 Grant State 18,180.00
03 4aternal and Child Health 100187 093088 Grant 13.994 · ~ 29,287.00
, I
$7.8,
* Federal funds are indicated by ~ number from the Catalog of Federal Domestic
Assistance (CF~A), if applicable.
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ASSURANCES
~ PE~RFORMING
AGENCY hereby assures and certifies that it will comply with the
~regulations, policies, guidelines, and requirements, including OMB Circulars Nos. A-87
and A-102, Executive Order 12372, and the Uniform Grant and Contract 'Management
Standards (UGCMS), as they relate to the application, acceptance, and use of
Federal/State funds for this project. In addition, PERFORMING AGENCY assures and
certifies with repect to the contract that-
1. It possesses legal authority to apply for the Contract;
that a resolution, motion, or similar action has been
duly adopted ar passed as an official act of PERFORMING
AGENCY'S governing body, authorizing the filing of the
contrmct, including all understandings and assurances
contained therein, and directing and authorizing the'per-
son identified as the official representative of
PERFORMING AGENCY to act in Connection with the contract
required,to provide such additional information as may be
2. It will comply with Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and, in accordance with Title VI of
that Act, no person in the United States shall, on the
ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be
otherwise subjected to discrimination und '
or activity for which p nouT,~ ,~,,~ er any program
ERF ..... -a ~uc,uY receives Federal/
State financial assistance and will immediately take any
measures necessary to effectuate this agreement.
3. It will comply with Title VI of the Civil Rights Act
of ' 1964 (42 USC 200Od) prohibiting employment
dtscrimation where (al the primary purpose of a
contract is to provide employment or (bi
discriminatory employment practtcies will result in
unequal treatment of persons WhO are or should be
benefitting from the contract-aided activity.
4. It will comply with requirements of Title II and Title
III of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-6461 which
provides for fair and equitable treatment of persons
displaced as a result of Federal and federa)ly assisted
programs.
S. It will comply with the provisions of the Hatch Act which
limit the political activity of employees.
6. It will comply with the minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act as
they apply to hospital and educational institution
employees of State'and local governments.
7. It will establish safeguards to prohibit employees from
Using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private
gain for themselv~ or ot~ers, particularly those with
whom they have fame)y, bus,ness, or other ties.
8. It will
give RECEIVING AGENCY or the Cpm trol
General throug~ any authorized re- ,~o.+.~ .... P let
~r-"~"~o~,v~ one access
to and the right to examine all records, books, papers,
or documents related to the contract.
g. It will comply with all requirements imposed by RECEIVING
AGENCY COncerning special requirements of law, program
requirements, and other administrative requirements
approved in accordance with UGCMS.
lO.It will ensure that the facilities Under its Ownership
lease, or supervision which shall be utilized, in th~
accomplishment of the project are not listed on thJ
Environmental Protection Agency's (EPA) list of Violating
Facilities and that it will notify RECEIVING AGENCY of
the receipt of any cor~munication from the Director of
the EPA Office of Federal Activities indicating that
L facility to be used in the project is under
nsideration for listing by the EPA.
Il. It will comply with the flood insurance purchase
requirements of Section 102{a) of the Flood Disaster
Protection Act of 1973, P.L. 93-23¢, 87 Stat. 975,
approved December 31, 1976. Section 102(a) requires, on
an~ after March 2, 1975, the purchase of flood insurande
in communities where such insurance is available as a
condition for the receipt of any Federal financial
assistance for construction or acquisition purposes far
use in any area that has been identified by the Secretary
of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "Federal
financial assistance- includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or
indirect Federal assistance.
12.It will assist RECEIVING AGENCY in its compliance with
Section 106 of the Na'tional Historic Pr6servation Act of
i966, as amended {16 USC 470), Executive Order 11593, and
the Archeolagical and Historic Preservation Act of 1966
(16 USC 469a-1 et seq.) by (al co~sulting with the State
Historic Preservation Officer on the conouct of investi-
gations, as necessary, to identify properties
or eli ible · . · listed in
u~ .... ~ ~. for ]~c)us~on In the National Register of
-,~ur~c ~aces t~a~ are subject to adverse effects (see
36 CFR Part 800.0) by the activity, and notifying RECEI~
VING AGENCY of the existence of such properties, and by
(bi comnlying with all requirements established by RECEI-
suchVING AGENCYproperties.to avoid or mitigate adverse effects upon
]3.It will comply with 'the requirements o~ the Immigration
Reform and Control Act of 1986 regarding employment
verification and retention of verification forms for any
individuals hired on or after November 6, 1986, who will
perform any labor or services under this contract.
14:It will comply with Texas Civil Statutes, Article 5996a,
by ensuring that no officer, employee, or member of
PERFORMING AGENCY'S governing body or of PERFORMING
AGENCY'S Contractor shall vote or confirm the employment
of any person related within the second
affinity or third degree by consanguinit degree by
any member
of the governing body or to any other off~c~
or employee
authorized to employ or supervise such .person. This
prohibition shall not prohibit the em lo m
~ho shall have been contin ,-o~ ...... ~. ~ ?t of a person
~wo years --~ ...... ~--~? =~p,uyea tot a period of
^~,___ ~:,~- ~u ~ne election or ap ofntm t of t~-
~'u~~"r, employee, or governing bed Pmemb en e
~. person in the prohibited deqree, y er related to
15.It will ensure that all information collected, assembled,
or maintained by PERFORMING AGENCY relative to this
project shall be available to the public during normal
business hours in compliance with Texas Civil Statutes,
~!cle 6252-17a, unless otherwise expressly provided by
I6.It will comply with Texas Civil Statutes, Article 6252-
17, which requires all regular, special, or called
meetings of governmental bodies to be open to the public,
except as otherwise provided by law or specifically
permitted in the Texas constitution.
17. It will maintain an appropriate contract administration
system to ensure that all terms, conditions, and
specifications Contained in this contract are met.
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GENERAL TERMS
ARTICLE 1._ Scope and Term of~Contrac~
No prior agreement or understanding, oral or otherwise, of the parties or their
agents shall be valid or enforceable unless embodied in this contract.
PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work which
is/are referenced in the Details of Attachments and hereby incorporated and made
a part of this contract, plus amendments which may be added by additional
Attachment(s) from time to time as hereinafter provided.
This contract may be amended 1) as necessary by monthly payroll affidavit(s) for
state budgeted position(s) as originally set forth in Attachment(s) h~reto, 6r
2) as provided in Article 4, or 3) by the addition of Attachment(s) containing
additional Scope(s) of Work and/or Budget(s) related to same, or 4) by revision
of existing Attachment(s) and the Scope(s) of Work and/or Budget(s). Such
amendment(s) shall be in writing and duly executed by the parties hereto.
The term of this -contract shall be governed by the time period(s) on the
Attachment(s). No commitment of contract funds'is permitted prior to the first
day nor subsequent to the last day of the term. The term may be extended by
amendment(s).
If any ~prov.ision(s) of .this contract shall be construed to be illegal or
invalid, it shall not affect the legality or validity of any of the other
provisions hereof, and the illegal or invalid provision(s) shall be deemed
stricken and deleted herefrom to the same extent and effect
incorporated herein, but all other provisions shall continue.
as if never
ARTICLE 2. ~pplicable Laws and Standards
Parties agree this contract shall ~be governed by the laws of the State of
Texas and enabling Federal regulations, including Treasury Circular 1075 (31 CFR
Part 205) and grant requirements applicable to funding sources as'set out in
Attachment(S) hereto.
PERFORMING AGENCY agrees that Article 4413, Section 32g, V.T.C.S. [Uniform Grant
and Contract Management Standards Manual (UGCMS)], will apply as 'terms and
conditions of this contract, and the standards are adopted by reference in their
entirety with the exception of Attachment P, A-102, Audit Requirements. Audits
shall be in compliance with OMB Circular A-128, "Audits of State and Local
Governments." If there is a conflict between the provisions of this contract
and UGCMS, the provisions of UGCMS will prevail unless expressly stated
otherwise. A copy ofthis manual and its references are provided to PERFORMING
AGENCY by RECEIVING AGENCY upon request.
UGCMS contains requirements in OMB Circular Nos. A-87 and A-102 that pass
through with State and Federal monies which are hereby adopted when applicable,
including but not limited to:
4
1. allowable costs in appli6a ie C Jt Principles, A-87;
2. financial management standards, A-102, Attachment G; and
3. procurement, A-102, Attachment O.
In addition, A-lO2, Attachment O, sets out provisions that must be in all
contracts· Those provisions are hereby adopted when applicable.
ARTICLE 3. Personnel.
All 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 agrees to
defend and indemnify RECEIVING AGENCY for any and all claims and/or judgements
taken against any employees, state or local, or against said RECEIVING AGENCY,'
arising out of any claims or cause of action against any such employees, except
to the extent that emPloyees on state budgeted positions may be indemnified and
the state may be liable for certain acts pursuant to Chapter 104 of the Civil
Practice and Remedies Code of Texas and any other applicable law.
PERFORMING AGENCY shall have in place legally sufficient Due Process Hearing
Procedures for all of itq employees filling state budgeted positions.
The Director of PERFORMING AGENCY shall have full authority to emplo-,y
suspend, demote, discharge, and contract; transfer provided, any and all state budgeted personnel promote
funded by Attachment{s) to this however, that any demotion'
suspension, or discharge of such state budgeted employees shall be in accordancj
with the Due Process Hearing Procedures as set out above The only distinction
between state budgeted and local paid employees is thJt' employees on state
budgeted positions receive state benefi ·
obligations, and restrictio" ..... _? and are subject to certa' .'
such rest ..... .o ~tate umplo ees . . in duties,
~.~ .... rice,on, as contained in the ta*~ a~_?nt~lned_~n state law. One
:~v,uyue paia on a s ~.~+~ ...... S ~: Appruprlatlons Act ·
tote ~-~:~:u pus~on ma r ' , l? that no
Y ecelve a salary supplement from
any source unless specifically authorized
state law. This prohibition includes in the Appropriations Act or other
such employee of a so-c:~- ,,~,-~ F',, but is not limited to, the payment to
-,,:u ~,a~ ra~e car allowance or travel allowance. Any.
such travel or per diem to these employees must be on a reimbursement basis,
supported by .appropriate records, and may not exceed the reimbursement for
mileage and/or per diem allowed under the ApPropriations Act and current state
travel ·regulations. This restriction shall apply whether travel funds are
provided in Attachment{s) under this contract or from any other source'
Unless
specifically authorized by Attachment{s) to this contract, none of the
funds provided by Attachment{s) shall be used to pay overtime to employees on
state budgeted positions. PERFORMING AGENCY shall be responsible for any
obligations for overtime pay due such employees which are not so authorized by
RECEIVING AGENCY.
PERFORMING AGENCY will utilize RECEIVING AGENCY policies and
hiring and promoting i?~v~duals into state budgeted .os,..pr°ce~ur~s. for
Attachment(s) to this con~rac~ nuali~ ......... P .,~'ons tunoed b
positions will be subject to approval of RECEIVING AGENCY Bureau of Personne
· - -,~,~uns o? any individuals filling thes
Management. The purpose of the approval is to insure that individuals occupying
these positions meet minimum educational and experience requirements.
/7
ARTICLE 4. Fundinq
PERFORMING AGENCY shall use funds from this contract to supplement its .budget. ~-~
These funds will in no event supplant funds from other sources currently
available to PERFORMING AGENCY.
PERFORMING AGENCY may be reimbursed for local personnel costs or other
categories of expense used to fulfill the scope of work of Attachment(s) in lieu
of being furnished state payroll warrants after a state budgeted position
becomes vacant. Reimbursement shall not exceed the balance of funds on the
state budgeted position after all benefits, obligations, and/or other
entitlements are met. PERFORMING AGENCY Director or other person(s) authorized
elsewhere in this contract, shall submit request for conversion. RECEIVING
AGENCY shall transmit formal approval and revised budget to PERFORMING AGENCY to
complete the conversion. ~
PERFORMING AGENCY shall develop a fee for service system and a schedule of fees
for personal health services in accordance with the provisions of Article 4414c,
V.T.~C.S., and the Texas Board of Health rules covering Fees for Clinical Health
Services (25 TAC, Sec. 1.91)and other applicable laws; provided, however, that
a patient may not be denied a service due to inability to pay.
In compliance with:'Article 6252-13e, V.T.C.S., PERFORMING AGENCY shall provide
RECEIVING AGENCY with evidence that a public meeting or heari.ng was held to seek
public comment on the needs and uses of federal block grant funds received by
PERFORMING AGENCY under this contract. Record of public participation efforts
undertaken must be filed with RECEIVING AGENCY.
PERFORMING AGENCY agrees to and by executing this contract'assigns to RECEIVING
AGENCY uncommitted expenditures of local funds for public health services as
matching for Federal funds. Assigned local funds shall be reported to RECEIVING
AGENCY on the annual/final report Form 270. In the event such assigned funds
are required by PERFORMING AGENCY to match other Federal funds, prior written
approval may be requested of RECEIVING AGENCY.
This contract is contingent upon funding being available for the term of the
Attachment(s) and PERFORMING AGENCY shall have no right of action against
RECEIVING AGENCY in the eVent that RECEIVING AGENCY is unable to perform its
obligations under this contract as a result of the suspension, termination,
withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient
funding of RECEIVING AGENCY for any Attachment(s) to this. contract. If funds
become unavailable, provisions of the Termination Article shall apply.
ARTICLE 5. Proqram Income
All revenues received from the delivery of contract services shall b~,.identified
and reported and shall be utilized as provided in this article. Such program
income shall be retained by PERFORMING AGENCY and: (1) be used by PERFORMING
AGENCY for any purposes which further the objectives of the program and the
Scope of Work for the Attachment(s) and be deducted from total project costs,
or (2) be deducted from total project costs.
6
This is according to RECEIVING AGEN~¥~i-~y interpreting UGCMS,
policy is provided on request, and is incorporated by reference as
of this contract.
a copy of
a condition
ARTICLE 6. ~ubcontracting
PERFORMING AGENCY may enter into agreements with subcontractors unless
restricted or otherwise prohibited in specific Attachment(s). Subcontracts, if
any, entered into by PERFORMING AGENCY shall be subject to the requirements of
this contract. PERFORMING AGENCY agrees that it shall be responsible to
RECEIVING AGENCY for the performance of any subcontractor.
ARTICLE 7. ~ompensation and Payment
The following provisions establish responsibilities, uniform procedures and
standard form for billing and forfeitures for noncompliance. Compensation
and/or reimbursement shall be contingent on a-signed contract.
For services satisfactorily performed pursuant to the Scope(s) of Work,
PERFORMING AGENCY shall have furnished state warrants for salary compensat'ion or'
travel reimbursement for employees on state budgeted positions or ~eimbursement
warrants for allowable costs. Combined compensation payments and reimbursements
shall not exceed the total of all Attachment(s) hereto.
Allowable costs shall be as outlined in Attachment(s) and must be substantiated
by source documentation. Advance payment may be requested in accordance with
the applicable provisions of this contract.
Claims for compensation or reimbursement shall be on the forms and in the format
prescribed by RECEIVING AGENCY.
~ompensation
PERFORMING AGENCY shall maintain required records and submit documents necessary
to processing personnel, payroll, leave and time records and travel claims on
state budgeted positions and shall receive state warrants for issuance to
employees on state budgeted positions.
Reimbursements
Claims shall be made on State of Texas Purchase Voucher (TDH Form #AG-37).
Vouchers for reimbursement of actual expenses shall be submitted monthly within
20 days following the end of the month covered by the bill. A makeup claim may
submitted as a final closeout bill not later than 45 days following the end of
Attachment term(s).
Payments made for approved claims or notice of denial of claims submitted
against Attachment(s) to this contract shall be mailed no later than 60 days
after receipt of monthly vouchers. Payment may b~ denied if required financial
reports are not on file for previous quarters or for the final period, or if
program requirements are not met as specified in Scope(s) of Work. Payment is
considered mailed on the date postmarked. Any reimbursements made by PERFORMING
AGENCY to subcontractors shall be made in accordance with Article 601f, V.T.C.S.
7
Advance Payment
PERFORMING AGENCY may request in writing a one time advance with proper
justification and concurrence of RECEIVING AGENCY. Amount of advance shall be
determined by amount and term of the Attachment(s); however, for each
Attachment, amount of the advance shall not exceed one-sixth (1/6th) of a twelve
month Attachment. Advance shall be requested on State of Texas Purchase
Voucher at the beginning of Attachment period or at a single later time in
Attachment period if circumstances so warrant and the request i§ approved.
Advance funds will be liquidated in the final months of the Attachment period so
that, after final monthly billing, PERFORMING AGENCY will not have advance funds
on hand. Advance funds may be drawnonly to meet immediate cash needs for
disbursement (UGCMS and Federal Circulars).
Amendments to this contract may require and upward or downward adjustment to the
allowable advance until it equates 1/6th of a twelve month attachment or
approximates two months operating~costs. In the case of a downward adjustment,
PERFORMING AGENCY and RECEIVING AGENCY shall agree on the amount of adjustment
to the advance. RECEIVING AGENCY retains the option to reduce the next
claim(s) by the required amount. In the case of an upward adjustment and
PERFORMING AGENCY needs additional funds to meet immediate operating expenses,
PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and
State of Texas Purchase Voucher in the amount necessary to correct the ratio.
PERFORMING AGENCY shall annotate such adjustments on the next applicable
quarterly financial report, Form 26ga.
ARTICLE 8. Financial Reports
Financial reports are required as provided in UGCMS and shall be filed
regardless of whether or not expenses have been incurred. Instructions for the
completion of reports are provided by RECEIVING AGENCY and are incorporated by
reference as a condition of this contract.
Quarterly
Financial Status Report, State of Texas Supplemental Form 269a (TDH Form GC 4),
shall be submitted within.20 days following the end of each quarter or as stated
in Attachment(s).
Annual/Final
A final report, Request for Advance or Reimbursement, Form 270 (TDH Form GC-IO)
'shall be submitted not later than 45 days following the end of Attachment
term(s) or as specified in Attachment(s). An amended Form 269a shall be
submitted if the amount of expenditures reported in the last quarter changed.
If necessary, a State of Texas Purchase Voucher will be submitted if all costs
have not been recovered or a refund will be made of excess monies if costs
incurred were less than funds received.
Annual audit reports are required of local expenditures funded through
Attachment(s) to this contract. Within 30 days of receipt of audit report,
PERFORMING AGENCY shall submit a copy to RECEIVING AGENCY, Internal Audit
Division~
ARTICLE 9. Reports and Inspectionc
PERFORMING AGENCY shall make financial, program, progress, and other reports as
requested by RECEIVING AGENCY in the format agreed to by the parties hereto and
will arrange for onsite inspections by RECEIVING AGENCY within normal working
hours. PERFORMING AGENCY shall participate fully in any .required evaluation
study.
PERFORMING AGENCY shall furnish RECEIVING AGENCY an annual budget report on
currentforms provided fiscal year by RECEIVINGo date AGENCY. as stated The budget shall be for PERFORMING AGENCY
endin~ on the cover page of this contract.
ARTICLE 10. Records
~ '
PERFORMING AGENCY will have a system in effect to protect from ~i'nappropr-ate
disclosure of patient records and all other documents deemed confidential by law
which are maintained in connection with the activities funded under this
contract. Any disclosure of confidential patient information by PERFORMING
AGENCY as required by this contract, including without limitation information
required by the Reports and Inspections Article shall be in accordance with
applicable law. ,
ARTICLE 11. Pr__~9~ert¥ and Supplie~
Subject to the obligations and conditions ·
~f Article 601b, V T C S +~+~ ~t forth in ~GCMS and Sectio 8 02 c
· .... , ~,~,: to all property purchased from fundsnpr~vi~e~
herein shall be in the name of PERFORMING AGENCY throughout the term of'the
contract. This also includes acquisitions through lease-purchase agreements-
paid with funds provided under this contract or with funds provided by Program
income attributable to the programs provided for under this contract.
PERFORMING AGENCY shall maintain a property and supplies inventory and
administer a program of maintenance, repair, and protection of assets provided
under this contract so as to assure their full availability and usefulness for
performance under this contract. PERFORMING AGENCY shall submit an annual
report of nonexpendable personal property (unit cost $250.00 or more and useful
life of more than one year) as of August 31st of each year under contract. A
format based on UGCMS, A-102 Att N, is provided by RECEIVING AGENCY on
request. , ·
In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or. damage to, the assets
said provided assets, under this contract, it shall use the proceeds to repair or replace
In the event any motor vehicle belo '
PERFORMING AGENCY nursua-+ ~Z .... ~ln~ to RECEIVING AGENCY is ·
performanc ~ -~ ..~u.~ny A~acnment he Pr~]ded to
mo~ ..... ~ ~of ~he S?pe of Work set out ' ret~ to be used w~nin the
_~y~ v~n~c}e ~s re~ained by RECE~W~ ~..~ch ~tt~chment, and title to ~,r~
u~ze such motor vehicle o~l~ ,.,~~m~¥, PERFORMING AGENCY ~,~=o~--~
to permit the operation of such motor vehicle only by licensed, qualified
~ -,~,,n ~ne parameters of such Scope of Work and
drivers.
RECEIVING AGENCY retains the option to recover all unused supplies and useable
equipment purchased under this contract upon the termination of the contract.
ARTICLE 12. Termination
This contract or any Attachment(s) hereto may be terminated by either 'of the
parties hereto for noncompliance by the other party. A party intending to
terminate for noncompliance by the other party shall provide written notice to
the other party at least thirty (30) days prior to the intended date of
termination. Such notice shall include the r. easons for the termination and
shall provide the other party an opportunity to rebut the reasons in writing. A
hearing may be requested on the proposed termination if such request is made in
writing within ten (10) days from any final notification of termination. By
such termination, neither party may nullify obligations already incubated for
performance or failure to perform prior to the date of termination. Such
termination shall not be an exclusive remedy but shall be in addition to any
other rights and remedies provided by law or under this contract.
This contract or any Attachment(s) hereto may be terminated in whole, or in
part, when both parties agree that continuation would not produce results
commensurate with further expenditure of funds. Both parties shall agree on the
effective date and, in the case of partial termination, the portion to be
terminated. RECEIVING AGENCY shall immediately send PERFORMING AGENCY written
notice of the terms agreed to and such notice shall become a part of the
contract. PERFORMING AGENGY shall not incur new obligations for the terminated
portion after the effective date and shall cancel, as many outstanding
obligations as possible. RECEIVING AGENCY shall allow full credit to PERFORMING
AGENCY for noncancelable obligations which were properly incurred prior to the
termination date.
This contract, or any Attachment(s) hereto may be terminated if funds allocated
for any Attachment(s) hereto should become reduced, depleted, or unavailable
during any Attachment(s) budget period, and RECEIVING AGENCY is unable to obtain
additional funds for such purposes. RECEIVING AGENCY shall immediately provide
written notification to PERFORMING AGENCY of such fact and such Attachment(s) to
this contract is/are terminated upon receipt of that notification. PERFORMING
AGENCY shall not incur new obligations afte~ the effective date and shall cancel
as many outstanding obligations as possible. RECEIVING AGENCY shall allow full
credit to PERFORMING AGENCY for noncancelable obligations which were properly
incurred prior to the termination date.
This contract or any Attachment(s) hereto may be terminated in the event that
Federal or state laws or other requirements should be amended or judicially
interpreted so as to render continued fulfillment of this contract, on the part
of either party, unreasonable or impossible. If the parties should be unable to
agree upon amendment which would therefore be needed to enable the substantial
'continuation of the services contemplated herein, then, upon written
notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties shall be
discharged from any further obligations created under the terms of this
contract, except for the equitable settlement of the respective accrued
interests or obligations as of the date of termination.
10
Thi's contract,' assurances, general and/or special conditions, and Attachment(s),
with detailed scope(s) of work and budge~(s), as applicable, incorporate all
covenants and agreement~ pertainfng her~:~
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
For and in behalf of RECEIVING AGENCY
PERFORMING AGENCY Texas Department of Health
Plainview-Hale County Health District
By:
(Signature of Person Authorized
.Name:
Title:
Date:
to Sign Contracts)
RECOMMENDED:
By:
(PERFORMING AGENCY Oirec:or, if
Different from Person
Authorized to Sign Contracts)
By:
Hermes L. Miller
Deputy Commissioner
Managmment and Administration
Date:
RECOMMENDED:
~ /'x G. Randall, M.D.
// Asgociate Commissioner
~ Community and Rural Health
By:
x~lift Price, M.D.
f~S~Ass°ciate Commissioner
'~ Personal Health Services
Approved as to Form:
By~
Office of General Counsel
11
ATTACHMENT NO. I
PERFORMING AGENCY: Plainview-Hale County Health District
PROGRAM WITHIN RECEIVING AGENCY (TDH): COMMUNITY AND RURAL HEALTH
TERM:
September 1, 1987
through
Auqust 31, 1988
SCOPE OF WORK:
The state direct assistance and other funds to health departments are intended
to supplement in the delivery of comprehensive public health services to
protect the health of all citizens in the department's jurisdiction. Personal
health services may include, but are not limited to, immunizations, maternal
and child health, crippled children, adult health, tuberculosis control,
chronic disease, dental health, public health education, and venereal disease-
control. Environmental health services may include, but are not limited to,
food inspections, wastewater control, vector control, premise inspections,
swimming pool inspections, and other services as related to the particular
problems of the jurisdiction.
Required personnel, payroll, and time records on state budgeted personnel as
the basis for issuance -of state payroll warrants shall be submitted to
RECEIVING AGENCY.-
Reports of services performed under this attachment shall be submitted to the
Office of Community and Rural Health.
LEGAL AUTHORITY
Current Appropriations Bill.
BUDGET:
The attached list of positions and budgetary amounts, exclusive of category
41, if applicable, is an integral part of Attachment 1. A state warrant will
be issued for each filled position in the amount of monthly 'net salary
earnings.
Financial reports are due the 20th of December, March, June, and September and
the 15th of October if program income is generated from activities performed
by employees funded through this Attachment.
Total amount of this Attachment shall not exceed $ 30,696.00
TeX'as-D~P~. '[merit of HeaJth
OPERATING BUDGET FOR YEAR ENDING ~ ;J Il ~J ~ T
,,..1 .~ 1! /K
DESCFIIPTICIN OR TITLE
I I:.'UPSC !ii
~ALA~IEM ONLY
t I I I
MONTHLy
RATE
.._GETEDAMOUN~T
ATTACHMENT NO. 2
PERFORMING AGENCY: Plainyiew-Hale Coun_~_O~.Y__Health District
PROGRAM WITHIN RECEIVING AGENCY [TDH): COMMUNITY AND RURAL HEALTH
TERM:
Seotember 1, 1987
through
Auoust 31, 1988
SCOPE OF WORK:
This allocates funds in support of the scope of work in Attachment No. 1..
LEGAL AUTHORITY:
Current Appropriations Bill.
BUDGET:
Personnel $18,180.00
-O-
Fringe Ben'efi ts -O-
Travel -O-
Equipment -O-
Suppl i es -O-
C o ntt actual -O-
Other
TOTAL
$18,180.00
Financial reports are due the 20th of December, March, June and September and
the 15th of October.
Total amount of this Attachment shall not exceed ~ 18~180.00 '_.
ATTACHMENT NO. 3
PERFORMING AGENCY: Plainview_Hale~trict
PROGRAM WITHIN RECEIVING AGENCY (TDH): Bureau of Maternal and Child'Health .
TERM: Octnber I, 1987 through Se~ tember 30 1988.
SCOPE OF WORK: Provide clinical services to meet the needs of low income
women and children with particular reference to prenatal care for pregnant
women, family planning services, and preventive child health services..
Services shall be provided in accordance with the standards for maternity,
family planning, and child health services as promulgated by the RECEIVING
AGENCY, Bureau of Maternal and Child Health,
Services performed under this Attachme
RECEIVING AGENCY , ....... nt shall be reported as required by
, Dur~au or Ma~erna! and Child Health, by submission of
Maternity/Family Planning and Child Health Clinic Reports.
If fees for services are imposed as ro ' . ·
charges will not be ~ ..... ~ ~ __P vlded in Article 4 of thi~
income mothers ~- .~,.,mpu~u~_ Tot ~e provision of ~::~+~ .... T-- co~tr~t,
~ .. ~- ~n~uren. ~h: ~- ,,~ ..... "t~'~" ~rvlces
Family with an income det .... ~ ~=[~ .~u~ ~ncome" refers to'an ind"" o low
poverty line definea ~,, +2[m~? ~o ~e De, ow the nonfarm ~ ..... lV]~l.o?
· ~ ~ ~nu UrTlCe of ,,,~um: UTTlClal
~ally ~n accordance wit' · M~nageme]t and Bud et an ·
~:be. h Section 624 uf the ,~. ~__~ ~ ..d ~ey~sed
. ~co .... ,,,~ uppor~unlcy Act of
LEGAL AUTHORITY:
Title V, Social Security Act, Omnibus Budget Reconciliation Act of 1981;
'DHHS final regulations on block grants.
BUDGET:
Personnel $17,769.00
Fringe Benefits {17.76%)
Travel 3,155.00
Equipment 300.00
Supplies -O-
Contractual 4,888.00
Other 3,175.00
-O-
TOTAL ~?~,?R7.~
Financial reports are due the 20th of December, March,
and the 15th of October. June and September
Total amount of this Attachment shall not exceed ~29,'287.00