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HomeMy WebLinkAboutR90-178HEALTH DEPARTMENT - TEXAS DEPARTMENT OF HEALTH CONTRACT RESOLUTION NO. R90-178 5158 A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE TDH DOCUMENT C1000260 AS SUCH PERTAINS TO COMMUNITY AND RURAL HEALTH; MATERNAL AND CHILD HEALTH AND IMMUNIZATION. WHEREAS, the City of Plainview in conjunction with Hale County operates the Plainview/Hale County Health Department; and WHEREAS, the Texas Department of Health provides funding to the Health Department for various services such as Community and Rural Health; Maternal and Child Health and Immunization; and WHEREAS, TDH Document No. C1000260 establishes funding levels and terms and conditions that must be met by the Plainview/Hale County Health Department; and WHEREAS, it is in the best interest of the citizens of Plainview to continue with an agreement of this nature. NOW, THEREFORE, BE IT RESOLVED, by the City of Plainview, Texas, that the Mayor is hereby authorized to execute TDH Document C1000260. BE IT FURTHER RESOLVED that the Plainview/Hale County Health Department is charged with the responsibility to adhere to the terms and conditions of TDH Document No. C1000260. Passed and Approved this llth day of September 199 . ~. V. R±dlehu~er, ~ayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: David Blackburn,'~Ci~ Attorney TEXAS DEPARTMENT OF HEALTH CONTRACT 1100 West 49th Street Austin, Texas 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS .. TDH Document No. C1000260 This contract is between the Texas Department of Health, hereinafter referred to as .RECEIVING AGENCY, and the party listed'below as PERFORM)NG AGENCY and inc/uoes general provisions and attachments detailing scope(s) of work and special provisions. I PERFORMING AGENCY: PLAINVIEW-HALE COUNTY HEALTH DISTRICT (PRINT'or TYPE) Mailing Address: Street Address: P. O. Box 1738 1001 Ash Street (If difterent) Plainview (City) Plainview (City) ! ! TX 79073 0000! (~-E) (Zip) TX 79072 7331! (s~) (zip) Authorized Contracting Entity: CITY OF PLAINVIEW i_, '(If"different from PERFORMING AGENCY) CITY OF PLAINVIEW I I (Must match with vendor iOentlflcatlon number shown below) I P.O. Box 1870 Plainview TX 79073 00001 Payee Name,: Payee Address: ~Must match with vendor identification number shown'~low) State of Texas Vendor Identification No. (14 digits): 17560006391000 Finance Officer/Contact: Norman Huggins Type of Organization: City .- -' Designate: ElementaryZsecondary school, junior college, senior college/university city, county, other pS]itical subdivision, council of governments, ~udicial district, community services program, individual, or o~her (define) Is this a small business No (Yes/No) and/or minority/woman owned No (Yes/No) Is this a non-profit business (Yes/No) PAYEE AGENCY Fiscal Year Ending Month- SEPTEMBER SUMMARY OF TRANSACTION: Contract for Public Health Services. ' COVER- Page I DETAZLS OF ATTACHMENTS Am. : TOH No..: Program 01 CRH-LHS 02 HCH-LHS Term Begin ' End ' Funds* 9/ 1/901 8/31/911 STATE Financial Assistance Source of Amount 13.268 21,468.00 30,477.00 Direct Assistance 72,027.00 .00 I Total Assistance ' I Amount (TDH Share) J 93,495.001 I I 30,477.001 i I I I I I I TOH Oocument No. C1000260 TOTALS : $ 51,945.001 $ 72,027.001 $ 123,972.00: I~1 I *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO ANOUNT ATTACHMENT FOR DETAILS. COVER - Page 2 16i EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CITY OF PLAINVIEW " Authorized Contracting Entity (type above if different from PERFORNING AGENCY) for 8nd in behalf of: TDH Document Ho.: C1000260-01 PLAINVIEN-HALE COUNTY HEALTH DISTRICT PERFORNING AGENCY (Signature of perso~ ~tho~ized to sign contracts) B_ILL HOLLARS - COUNTY JUDGE (Name and Title) TEXAS DEPARTHENT OF HEALTH RECEIVING AGENCY (Signature o~per~on ~horized to sign contracts) Terry Faye Bleier, Chief Eureau of Financial Services (Name and Title) Date: RECONNENDED: (PERFORNIN~EN-C~ Director, (~ if' different from person " authorized to sign contract) APPROVED AS TO FORN: By: 0 ~o~ General Counsel f I / ? '(Signature o~ perso~ au~Aorl~.ed Eo $ig~ ¢o~t~acts) GENE RIDLEHUBER - MAYOR COVER - Page 3 GENERAL PROVISIONS FOR TEXAS DEPA~[TMENT OF HEALTH CONTRACTS PERFORMING AGENCY and RECEIVING AGENCY a§ree this contract, assurances, general and~or special provisions, and attachment(s) with detailed scope(s) of work and budget(s), as applicabl~, incorporate all covenants and agreements pertaining hereto. No prior a§reement 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 AGENGY, or representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY, do hereby warrant and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all terms, performances, and provisions herein set forth. PERFORMING AGENCY hereby assures compliance with the following conditions unless otherwise specified in the attachment(s) hereto: AItTICLE 1.- scope of Work terms and PERFORMING AGENCY will perform the work outlined in the Scope(s) of Work contained in the attachment(s) hereto which is;are referenced in the Details of Attachments and hereby incorporated and made a part of this contract, plus amendments which may be added by additional attachment(s) from time to time as hereinafter provided. Satisfactory performance of this contract will be measured in part by: (1) adherence to the contract; (Z) results of CPA or State Auditor reports; and, 3) timeliness, completeness, and accuracy of required reports. A~TICLE 2. Term The time period of this contract will be governed by the term(s) on the attachment(s). No commitment of contract funds is permitted prior to the first day nor subsequent to the last day of the term. The term may be extended by amendment(s). AI~TICLE 3. Pundina This contract is contingent upon funding being available for the term of the attachment(s) and PERFORMING AGENCY will have no right of action against RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any attachment(s) to this contract. If funds become unavailable, provisions of the Termination Article will apply. A~TICLE 4. Amendments This contract may be amended, and such amendments will be in writin§ and duly executed by the parties hereto. 1991 GENERAL PROVISIONS - Page i (rev.5/90) A~TICLK 5. ~ If any provision of~this contract will be construed to be illegal or invalid, this will not affect the le§ality or validity of any of the other provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other provisions will conti~ue. AKTICLK 6. Applicable Laws and Stan__dard~ This' contract will be governed by the laws of the State of Texas and enabling state/federal regulations, including federal grant requirements applicable to funding sources as set out in attachment(s) hereto, and Treasury Circular 1075 (31 CFR Part 205) as applicable to advance of funds. If PERFORMING AGENCY is a local governmental public health entity, this contract Will also be governed by the Local Public Health Reorganization Act, Chapter 121, Health and Safety Code. pERFORMING AGENCY agrees Article 4413 (32g), V.T.C.S., [Uniform Grant and Contract Management Standards Manual (UGCMS)], as may be amended by revised federal circulars to be incorporated in UGCMS by the Governor's Budget and Planfling Office, applies as terms and conditions of this contract, and the standards are adopted by reference in their entirety. If a conflict arises between the provisions of this contract and UGCMS, the provisions of UGCMS will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENGY upon request. pERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major project changes which are specified in RECEIVING AGENCY's institutional prior approval procedures. These procedures are incorporated by reference as a condition of this contract. In accordance with Section 1352 of Public Law 101-121, effective December 22, 1989, PERFORMING AGENCY is prohibited from using funds granted under this contract for lobbying Congress or any agency in connection with a particular contract. In addition, if at any time, the contract exceeds $100,000, the law requires certification that none of the funds provided by PERFORMING AGENCY to RECEIVING AGENCY have been used for payment to lobbyists. Regardless of funding source, and if a contract exceeds $100,000, disclosure form must be completed if pERFORMING AGENCY has any agreement with a lobbyist. This certification and/or form is available upon request and must be forwarded to RECEIVING AGENCY within 90 days of receipt. PERFORMING AGENCY certifies by execution of this contract that its payment of franchise taxes is current or. if PERFORMING AGENCY is exempt from payment of franchise taxes, that it is not subject to the State of Texas franchise tax. A false statement regarding franchise tax status will be treated as a material breach of this contract and may be ~rounds for termination at the option of RECEIVING AGENCY. If franchise tax payments become delinquent during the attachment term, payments under this contract will be held until'PERFORMING AGENCY's delinquent franchise tax is paid in full. 1991 GENERAL PROVISIONS - Page (rev.5/90) PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING AGENCY specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding PERFORMING AGENCY's status will be treated as a material breach of this contract and may'be grounds for termination at the option of RECEIVING AGENCY. ARTICLE 7. Assurances PERFORMING AGENCY assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are the rules, regulations, and all other requirements imposed by law including, but not limited to, compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. PERFORMING AGENCY assures it will not transfer or assign its interest in this contract without written consent of the the RECEIVING AGENCY. A~TICLE 8. Standards For Financial ManaRement PERFORMING AGENCY will develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGOMS. Those requirements include at a minimum: 1. Financial planning including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management system including accurate, correct, and complete payroll, accounting, and financial reporting records, cost source documentation, effective internal and budgetary controls, determination of reasonableness, allowability, and allocability of costs, and timely and appropriate audits and resolution of any findings; and, 3. Billing and collection policies including a charge schedule, a system for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasonable efforts to collect from patients and third parties. A~TICLE 9. Allowable Costs Only those costs allowable under UGCMS and OMB Circular A-110, and any revisions thereto, plus any applicable federal cost principles are eligible for reimbursement under this contract. Applicable cost principles and audit requirements are-as follows: Circular Applicable Cost Principles Audit Requirement A-87 State & Local Governments Circular A-128 1991 GENERAL PROVISIONS - Page 3 (rev. S;90) To be eligible for reimbursement under this contract, a cost must have been incurred within the attachment term and paid by PERFORMING AGENCY prior to claiming reimbursement from RECEIVING AGENCY or encumbered by the last day of the attachment term and liquidated no later than 45 .days after the end of the attachment term. Each PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY receiving $25,000 or more in total federal/state financial assistance during their fiscal year shall arrange for an agency-wide financial and compliance audit of the PERFORMING AGENCY'S/AUTHORIZED CONTRACTING ENTITY'S fiscal year. The audit must be conducted by an independent CPA and must be in accordance with the applicable OMB Circulars and Government Auditing Standards. Procurement of audit services will comply with state procurement procedures, as well as provisions of UGCMS. Within 30 days of receipt of audit report, PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY will submit a copy to RECEIVING AGENCY'S Internal Audit Division. A~TICLE 10. Overtime Compensation None of the funds provided by attachment(s) will be used to pay overtime. PERFORMING AGENCY will be responsible for any obligations of overtime pay due employees. A~TICLE 11. Terms and Conditions of PaFm~n~ For services satisfactorily performed pursuant to the Scope(s) of Work, PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements will not exceed the total of each attachment(s) hereto and are contingent on a signed contract. Claims for reimbursement will be made on a state of Texas Purchase Voucher (TDH Form #AG-37). Vouchers for reimbursement of actual expenses will be submitted monthly within 20 days following the end of the month covered by the bill. A make-up claim may be submitted as a final close-out bill not later than 45 days following the end of attachment term(s). Advance payment may be requested in accordance with the applicable provisions of this contract. Payments made for approved claims or notice of denial of claims submitted against attachment(s) to this contract will be mailed not later than 60 days after receipt of monthly vouchers. Payment is considered made on the date postmarked. Any reimbursements made by PERFORMING AGENCY to subcontractors will be made in accordance with Article 601f, V.T.C.S. Funding from this contract will not be used to supplant state or local funds, but PERFORMING AGENCY will use such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity. PERFORMING AGENCY further agrees to maintain to the best of its ability its current level of support, if any. PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFORMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined by RECEIVING AGENCY to be ineligible for reimbursement. 1991 GENERAL PROVISIONS - Page 4 (rev.5/90) RECEIVING AGENCY will have the riEht to withhold all or part of any future payments to' PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineli§ible expenditures not refunded to RECEIVING AGENCY by PERFORMING AGENCY. Payment may be denied for noncompliance if required financial reports are not on file for previous quarters or for the final period, or for failure to respond to financial compliance monitorin§ reports, or if program requirements are not met as specified in the Scope(s) of Work. ARTICLE 12. Advance Payments PERFORMING AGENCY may request, in writing, a one time advance with proper Justification and the concurrence of RECEIVING AGENCY. Amount of advance will be determined by the amount and term of the attachment(s); however, for each attachment, the amount of the advance will not exceed one-sixth (1/6th) of a twelve-month attachment. Advance will be requested on a State of Texas Purchase Voucher at the beginning of attachment period or at a single later time in the attachment period if circumstances so warrant and the request is approved. Advance funds will be liquidated during the attachment term so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance funds may be drawn only to meet immediate cash needs for disbursement (UGCMS and federal circulars). Amendments to this contract may require upward or downward adjustment to the allowable advance until it equates l[6th of a twelve-month attachment or approximates two months operating costs. In the case of a downward adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of adjustment to the advance. RECEIVING AGENCY retains the option to reduce future claims by the required amount. In the case of an upward adjustment and PERFORMING AGENCY needs additional funds to meet immediate'operating expenses, PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. A~TICLE 13. Pro,ram Income PERFORMING AGENCY will 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. All revenues received from the delivery of contract services will be identified, reported, and utilized as provided in this article. Such program income will be retained by PERFORMING AGENCY and: (1) be used by PERFORMING AGENCY for any purposes which further the objectives of the program and the Scope of Work for the attachment(s) and be deducted from total project costs; or, (2) be deducted from total project costs. This is according to RECEIVING AGENCY policy interpreting UGCMS, a copy of policy is provided on request and is incorporated by reference as a condition of this contract. 1991 GENERAL PROVISIONS - Page 5 (rev.5/90) ARTICI~ 1~. F~nnncial Repo~t~ Financial reports are required as provided in UGCMS and will be filed regardless of Whether or not expenses have been incurred. Financial Status Report, State of Texas Supplemental Form 269a (TDH Form Ge-4), will be submitted within 20 days following the end of each quarter. A final financial report, Request for Advance or Reimbursement, Form 270 (TDN Form GC~10) will be submitted.not later than 45 days following the end of attachment term(s). An amended Form Z69a will 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. A~TICLE 15. ~eports and Inspection~ pErFORMING-AGENCY will submit financial, program, progress, and other reports as requested by RECEIVING AGENCY in the format agreed to by the parties hereto. RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed, includinE subcontractors, pERFORMING AGENCYwill participate in and provide reasonable access, facilities, and assistance to the representatives. Ail inspections and eValuations will be performed in such a manner as will not unduly delay the work. PERFORMING AGENCY agrees that RECEIVING AGENCY and the federal government, or any of their duly authorized representatives, will have access to any pertinent books, documents, papers, and records of PERFORMING AGENCY for the purpose of making audit, examination, excerpts, and transcripts of transactions related to contract attachment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under attachment(s) will not foreclose the riEht of RECEIVING AGENCY to recover excessive or illegal payments. Anydeficienctes identified by RECEIVING AGENCY upon examination of pERFORMING AGENOY's records will be conveyed in writing to pERFORMING AGENCY. pERFORMING AGENCY's resolution of findings will also be conveyed in writing to RECEIVING AGENOY within 30 days of receipt of RECEIVING AGENCY's findings. A determination by RECEIVING AGENCY of either an inadequate or inappropriate resolution of the findings may result in the withholding of funds or suspension of the contract attachment(s). Any such withholding of funds or suspension will remain in effect until the findings are properly remedied as determined by RECEIVING AGENCY. 1991 GENERAL PROVISIONS - Page 6 (rev.5/90) PERFORMING AGENCY will retain all such records for a period of three years from the date of the last expenditure report submitted under contract attachment(s) or until resolution of all audit questions, whichever time period is longer. A~TICLE 16. Client Records At the end of the attachment term, all client records are the property of PERFORMING AGENCY. RECEIVINGAGENCY retains the right to have access to the records or obtain copies for audit, litigation, or other circumstances that may arise. If at any time during the attachment term(s), PERFORMING AGENCY and;or RECEIVING AGENCY should decide to terminate the agreement, RECEIVING AGENCY ma~ require the transfer of client records upon written notice to PERFORMING AGENCY. Records may be transferred to another entity that agrees to continue the service or, at the option of RECEIVING AGENCY, the records may be transferred to RECEIVING AGENCY headquarters. A~TICLE 17. Confidentiality PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure-of patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under contract attachment(s). Any disclosure of confidential patient information by PERFORMING AGENCY, including information required by the Reports and Inspections Article, will be in accordance with applicable law. If providing direct client services, PERFORMING AGENCY agrees to implement workplace guidelines similar to the guidelines adopted by RECEIVING AGENCY and to make available educational materials for employees concerning the human immunodeficiency virus (HIV) and its related conditions including acquired tmmunodeficiency syndrome (AIDS). Further, PERFORMING AGENCY agrees to develop and implement guidelines regarding confidentiality of AIDS and HIV- related medical information for employees of PERFORMING AGENCY and for clients, inmates, patients, and residents served by PERFORMING AGENCY. Such guidelines will be consistent with those published by RECEIVING AGENCY and with state andfederal law and regulations. A PERFORMING AGENCY that does not adopt confidentiality guidelines as herein required is not legally eligible to receive state funds until the guidelines are developed and implemented. If PERFORMING AGENCY does not have workplace and;or confidentiality guidelines, PERFORMING AGENCY may use those which have been adopted by RECEIVING AGENCY'S Texas Board of Health and which are available upon request. ARTICLE 18. Equipment and Supplies Equipment is defined as tangible nonexpendable property with an acquisition cost of over $500 and a useful llfe of more than one year. In accordance with Article 60lb, V.T.C.S., Section 8.02(c), title to all equipment purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the contract/attachment(s) term(s). Unless initially listed and apProved in the contract/attachment(s), prior written approval from RECEIVING AGENCY is required for any additions to or deletions of approved equipment purphases having an acquisition cost exceeding 1991 GENERAL PROVISIONS - Page 7 (rev.5/90) $500. To receive approval for data processing hardware and software purchases with an acquisition cost over $500, PERFORMING AGENCY must submit a detailed Justification which includes description of features, make and model,: and cost, etc.. PERFORMING AGENCY will maintain an annual property and inventory and submit a report to RECEIVING AGENCY at the end of the contract/attachment(s) term(s). PERFORMING AGENCY will administer a program of maintenance, repair, and protection~of assets under this contrast/attachment(s) so as.to assure their full' availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract/attachment(s), it will use the proceeds to repair or replace said assets. PERFORMING AGENCY agrees that upon termination of contract/attachment(s), title to any remaining equipment purchased from funds as hereinabove provided will be transferred to the RECEIVING AGENCY or any other party designated by the: RECEIVING AGENCY; provided, however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer title to such property to the PERFORMING AGENCY. ARTIOLE 19, SubcontractinK PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited in specific attachment(s). If PERFORMING AGENCY elects to enter into an agreement which subcontracts out a substantial portion of PERFOP. MING AGENCY's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts, if any, entered into by PERFORMING AGENCY will be in writing and subject to the requirements of this contract. PERFORMING AGENCY agrees that it will be responsible to RECEIVING AGENCY for the performance of any subcontractor. ARTICLE 20.~ CopFr~Khts and Publications PERFORMING AGENCY understands and agrees that where activities supported by the contract attachment(s) produce original books, manuals, films., computer programs (including executable computer .programs and supporting data in any form), or other original material, PERFORMING AGENCY may copyright such material subject to any rights to same reserved by or vested in the federal government or any agency thereof; .however, RECEIVING AGENCY may grant to PERFORMING AGENCY limited rights to produce, publish, and use such materials as appropriate. PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING AGENCY review and approval. Any publication (written, visual, or sound) should include acknowledEment of the support received from RECEIVING AGENCY and the appropriate federal agency, if applicable. At least three copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. ARTICLE 21. Hold Harmless PERFORMING AGENCY, which is not a state agency, assures that it is an independent contractor and not an agent, servant, or employee of the state. 1991 GENERAL PROVISIONS - Page 8 (rev.5/90) Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident th, arising out of, or in connection with the performance of services by PERFORMING AGENCY under this contract to the extent allowed by law. PERFORMING AGENCY, by acceptance of funds provided through contract attachment(s), agrees and ensures that personnel paid from these funds are duly..licensed and~or qualified to perform the required services. A~TICLE 22. BondinK Each person employed by PERFORMING AGENCY who handles funds under this contract, including persons authorizing payment of such funds, will be covered by the terms of a fidelity bond providing for indemnification of losses occasioned by: (1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others, and/or, (2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his;her duties or to account properly for all monies and property received by virtue of his/her position or employment. This fidelity bond will'be in 'the amount of not less than Ten Thousand Dollars ($10,000). ARTICLE 23. Suspension~Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting requirements, the program objectives, or the contract award conditions, RE~EIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY's intent to withhold payments if the deficiency is not corrected' within a specific number of days. When the deficiency is corrected, RECEIVING AGENCY will release any withheld payments with no further action. iii PERFORMING AGENCY fails to comply with the terms, conditions, or standards of this contract, RECEIVING AGENCY may suspend the contract attachment(s) and prohibit PERFORMING AGENCY from incurring additional obligations of funds pending either corrective action or termination. RECEIVING AGENCY will provide written notice to PERFORMING AGENCY at least thirty (30) days in advance of the suspension date. Such notice will detail the nature of noncompliance and specify a correction date. PERFORMING AGENCY may request a hearing on the proposed suspension if such request is made in writing within ten (10) days from any final notification of suspension. 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 will provide written notice to the other party at least thirty (30) days prior to the intended date of terntlnation. Such notice will include the reasons for the termination and will provide the other party an opportunity to rebut the reasons in writing. A hearing may be requested on the proposed termination if such ~equest is made iN writing within ten (10) days from any final notification of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination will not be an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. 1991 GENERAL PROVISIONS - Page 9 (rev.5/90) 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 will agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed te and such notice will become a part of the contract. PERFOP~iING AGENCY will not incur new obligations for the terminated portion after the effective date of termination and will cancel as many outstanding oblisations as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for.noncancelable obligations which were properly incurred prior to the termination date. This contract or any attachment(s) hereto may be terminated if funds allocated fo= 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. RECEIVINGAGENCY will immediately provide written notification to PERFORMING AGENCY of such fact and such attachment(s) to this contract is/are terminated upon receipt of that notification.. PERFORMING AGENCY will not incur new obligations after, the effectivedate of termination andwill cancel as many outstanding obligations as possible. RECEIVING AGENCYwill allow full credit to PERFORMING AGENCY for nondancelable 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~heretn, then, ~upon written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties will be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations as of the date of termination. ARTICLE 24. Personn. el Ail personnel funded by attachment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer within its organizatio~ any and all state budgeted personnel funded by attachment(s) to this contra=~iprovided',, however, that any demotion, suspension, or discharge of such state budgeted employees will be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and! local.paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, and restrictions as state'employees as contained in state law.. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state budgeted position may 1991 GENEP~AL PK0VISIONS Page 10 (rev.5/90) receive a salary supplement from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes, but is not limited to, the payment to such employee of a so-called "flat rate" car allowance or travel allowance. 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 will apply whether travel funds are provided in attachment(s) under this contract or from any other source. PERFORMING AGENOY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting individuals into state budgeted positions funded by attachment(s) to this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY's Bureau of Pe=sonnel Management. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel claims on state budgeted positions. PERFORMING AGENCY will be furnished by RECEIVING AGENCY state warrants for salary compensation or travel reimbursement for issuance to employees on state budgeted positions. An independent audit is not required ss a condition of this contract if the attachment provides assistance through assignment of state budgeted positions and no funds are budgeted for local costs. PERFORMING AGENOY 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 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. _AHTICLE 25. FundinK Particigation Hequirement PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in securing other funding. AI~TICLE Z~. Performance-Based Attachments History RECEIVING AGENCY is responsible for developing performance-based public health services contracts in response Go the State Auditor's Report. This system will enhance service delivery and improve accountability and efficiency in the management of public health dollars. Plans for initial implementation were designed to use the model objectives format ste~ning~from recommendations of the Committee on Model Objectives for Local Public Health in Texas. The committee was composed of representatives 1991 GENERAL PROVISIONS - Page 11 (rev.5/90) of local health departments and' REGEIVING AGENCY'S central and public health region offices in consultation with the University of Texas School of Public Health in Houston. The concept was piloted in three local health departments and is being used by the public health regions in planning, managing, and evaluating selected public health services. Purpose The. overall goal of performance-based contracts is improved public health practices in Texas. The project is intended to: -identify public health needs and establish priorities which provide a rational basis for resource allocation; -project realistic outcomes based on activities which can be accomplished with current or planned resources, communicate needs, and build consensus at all levels regarding directions to be taken in specific programs; and, -institute a system for planning, implementing, managing, and evaluating programs and monitoring progress toward' reducing and/or alleviating public health problems. Process PERFORMING AGENCY will prepare outcome and process objectives relative to local needs and resources in the following selected program areas, if applicable: -AIDS/HIV -Ohronic Disease Prevention and Control -Food Protection -Imunization -Maternal and Child Health By the end of the current state fiscal year, PERFORMING AGENCY will show evidence of a monitoring system to evaluate progress towards the objectives. RECEIVING AGENCY will provide training, written documentation, and ongoing technical assistance to PERFORMING AGENCY in the development of objectives and a monitoring system. RECEIVING AGENCY contact for matters pertaining to the performance-based public health services project is the Office of the Associate Commissioner for Community and Rural Health. It is understood and agreed to by both parties that some objectives may not be met and achievement levels may be different than estimated. The objectives are recognized as test processes and achievement below the established levels will not affect the right of PERFORMING AGENCY to funds provided through Attachment(s) when the basic program scope of work has been fulfilled. Any disputes arising from procedures or actions taken as part of this project will'be addressed and resolved to the mutual satisfaction of both parties. 1991 GENERAL PROVISIONS - Page 12 (rev.5;90) DOCUMENT NO. C1000260 ATTACHMENT NO. 01 PERFORMING AGENCY: PLAINVIEW-HALE COUNTY HEALTH DISTRICT RECEIVING AGENCY PROGRAM: COMMUNITY AND RURAL HEALTH TERM: September 1, 1990 THROUGH August 31, 1991 SECTION I. SCOPE OF WORK: PERFORMING AGENCY will use direct assistance and/or financial assistance from RECEIVING AGENCY to supplement the delivery of comprehensive public health services. Comprehensive health services encompass a wide variety of personal health services, environmental health services, and other problems of the jurisdiction. Personal health services may include but are ~ot limited to adult health/chronic disease, AIDS/HIV, chronically ill/disabled children, dental, immunization, laboratory, maternal and child health, public health promotion/education, sexually transmitted disease control, and tuberculosis control. Environmental health services/inspections may include but are not limited to food, -premise, swimming pool, vector control, and wastewater control. Other services may be provided as needed when agreed to by both parties. Reports of comprehensive health services performed will be submitted to RECEIVING AGENCY, Community and Rural Health, in a format and time frame agreed upon by both parties. Direct assistance will be provided by RECEIVING AGENCY to PERFORMING AGENCY for the implementation of an immunization program. The goal of the immunization program is to prevent, control, and eradicate vaccine-prevent~b!~ disease by providing/administering biologicals, promoting immunization~ and applying epidemiologic/outbreak controls within budgetary constraints. This will be accomplished by performing the following activities and reports. A. Investigations/Control Measures PERFORMING AGENCY will investigate 100% of suspected cases of measles, rubella, pertussis, poliomyelitis, and diphtheria within 24 hours after a report is received. PERFORMING AGENCY will investigate 90% of suspected mumps cases and 100% of suspected tetanus cases within 48 hours after a report is received. For the above diseases, PERFORMING AGENCY will implement the most current -outbreak control procedures/measures and contact RECEIVING AGENCY,_Immuni~a tion D~vision, within 48 hours after an investigation is initiated. .B. Reporting R~quirements PERFORMING AGENCY agrees to provide RECEIVING AGENCY, Immunization Division, byJanuary 31st, of each year, a report detailing storage measures and methods used to control vaccine loss including method to monitor and record daily vaccine storage temperatures. The report shall be submitted in a format provided by RECEIVING AGENCY, Immunization Division. -1- PERFORMING.AGENCY agrees to provide RECEIVING AGENCY, Immunization Division, monthly reports of vaccine utilization/loss, ~ithin ten working days after the end of each month, on forms provided by RECEIVING AGENCY (forms C§, C§A, C33, C33A). PERFORMING AGENCY will obtain monthly biological reports from private physician offices and others who receive state supplied biologicals. PERFORMING AGENCY agrees to provide RECEIVING AGENCY, Immunization Division, by September 15th, .of each year, a report on the number of people served with immunizations (unduplicated count) and the number of visits for immunizations in the preceding State Fiscal Year. PERFORMING AGENCY agrees to comply with the following: Texas Immunization Laws, Rules. and Regulations; Human Resources Code, Chapter 42; Texas Educatidn Code, Secbion 2.09, 2.09A; U.S. Department of Health and Human Services, Childhood Immunization Grant. _ PERFORMING AGENCY will provide an estimated 1000 clients with · services/units of service in or benefiting the county(ies)/area defined as: HALE. SECTION II. LEGAL AUTHORITY TO CONTRACT: Chapters 12 and 121, Health and Safety Code. SECTION III. SPECIAL PROVISIONS: None. -2- SECTION IV. BUDGET: FINANCIAL ASSISTANCE Financial assistance involves payment of funds to PERFORMING AGENCY for costs incurred in carrying out approved activities. Personnel $18,504.OO Fringe Benefits 2,964.00 Travel .OO Equipment .OO Supplies .OO Contractual .OO Other = .OO Total Direct Costs Indirect $21',468.00 · O0 TOTAL $21,468.00 Financial reports are due the 20th of December, March, June, and September and and September and the 15th of October. RECEIVING AGENCY financial assistance will not exceed $ 21,468.OO 3 DIRECT ASSISTANCE Direct assistance involves the assignment of state funded positions or the provision of materials or supplies such as vaccines in lieu of cash. Personnel [ 1 position(s)] Vaccine $36,120.00 35,907.00 TOTAL $72,027.00 Direct assistance for personnel in the amount of $36,120.OO is shown on the attached list of positions and budgetary amounts which is an integral part of' this attachment. State salary warrants ~or net earnings will be issued in accordance with state regulations. Financial status reports (FSRs) are not required on direct assistance. Program income generated from activities supported with direct assistance will be reported on FSRs required for financial assistance provided through this attachment, if applicable, or through other program attachment(s) benefitting from this assistance. RECEIVING AGENCY direct assistance will not exceed $72,027.00. Total RECEIVING AGENCY assistance will not exceed $93,495.00. AS OF ,3UNE 30, 1990 H21311/K13028 PLAINVIEW-HALE COUNTY HEALTH DEPT PAGE 655 PHR 2 AUGUST 31, 199! BUDGET NO. PBO00 CATE- DESCRIPTION OR TITLE GORY 1 HEALTH PROGRAM SPEC I HD FUND END ITEM gOB DESC. MONTH NO. CLASS STATE AUG 001 4055 PAY PAY EFFECTIVE MONTHLY GP STP DATE RATE 17 07 SEP 90 3,010.00 BUDGETED AMT 36,120.00 36,120.00 41 GRANTS STATE AUG SEP go 21,468.00 21,468.00 * 57,588.00 ** FUND SUMMARY 11001 STATE AUG 57,588.00 57,588.00 ** DIRECT ASSISTANCE Direct assistance involves the assignment of state funded positions or the provision of material's or supplies such as vaccines tn lieu of cash. Personnel [ 1 position(s)] $36,120.00 Vaccine 35,907.00 TOTAL $72,027.OO Direct assistance for personnel in the amount of $36,120.OO is shown on th~ attached list of positions and budgetary amounts which is an integral part of this attachment. State salary warrants for net earnings will be issued in accordance with state regulations. Financial status reports (FSRs) are not required on direct assistance. Program income generated from activities supported with direct assistance will be reported on FSRs required for financial assistance provided through this attachment,, if applicable, or through other program attachment(s) benefitting fromthis assistance. RECEIVING AGENCY direct assistance will not exceed $72,O27.OO. Total RECEIVING AGENCY assistance will not exceed $93,495.00. DOCUMENT NO. C1000260 ATTACHMENT NO. 02 PERFORMING. AGENCY: PLAINVIEW-HALE COUNTY HEALTH DISTRICT RECEIVING AGENCY PROGRAH: BUREAU OF MATERNAL AND CHILD HEALTH TERN: October 1, 1990 THROUGH August 31, 1991 SECTION I. SCOPE OF WORK: PERFORMING AGENCY will use direct assistance and/or financial assistance from RECEIVING AGENCY to provide clinical health services to women and children. Emphasis will be placed on prenatal care for pregnant women, family planning services, and preventive child health services, especially for low income women and children. Services will be performed 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. Maternity/Family Planning and Child Health Clin'ic reports will be submitted to RECEIVING AGENCY, Bureau of Maternal and Child Health, in a format and time frame to be agreed upon by both parties. PERFORMING AGENCY will provide an estimated 900 clients with services/units of service in or benefiting the county(ies)/area defined as: HALE. SECTION II. LEGAL AUTHORITY TO CONTRACT: Chapters 12 and 121, Health and Safety Code. SECTION III. SPECIAL PROVISIONS: The General Provisions Program Income Article requires that a fee for services. system and a schedule of fees be developed. Low income mothers and children provided health services under this attachment will not be charges a fee. The term "low income" refers to an individual or family with an income determined to be below the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with Section 624 of the Economic Opportunity Act of 1964. -1- SECTION IV. BUDGET: FINANCIAL ASSISTANCE Financial assistance involves payment of funds to PERFORMING AGENCY for costs incurred in carrying out approved activities. Personnel Fringe Benei~its T ravel Equ i pment Supp]ies Contractual Other Total Direct Costs Indirect TOTAL Decrease in funding for financial assistance due to funding iperiod of 11 months (Oct-Aug). $19,372.00 3,439.00 275.00 .00 4,481.00 2,910.00 .00 $30,477.00 .00 $30,477.00 Financial status reports (FSRs) are due the 20th of December, March, June, and September and the 15th of October. RECEIVING AGENCY financiaT assistance will not exceed 30,477~00