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HomeMy WebLinkAboutR85-946170 RESOLUTION NO. R85-946 A RESOLUTION OF THE CITY COUNCIL OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A 1986 CONTRACT FOR LOCAL HEAL~W~ SERVICES WITH THE TEXAS DEP~ OF WHEREASw the Texas Department of Health has submitted to the City of Plainview for consideration the 1986 Contract for local Health Services; and WHEREAS, the Plainview/Hale County Health District Board of Directors has reviewed such and have recommended that the City Council authorized the Mayor to execute said Hz3reement; and WHEREAS, a copy of said agreement is hereby attached and made a permanent part of this resolution. NOW, THEREFORE BE IT RESOLVED by the City Council of Plainview, Texas that its Mayor is authorized to execute the 1986 Contract for local Health Services with the Texas Department of Health. PASSED AND APPROVED this the 10th day of December, 1985. E.V. RIDT.~.~3BER, Mayor WALTER S. DOD~0N, C-i~y-Clerk Texas De of Health Robert Bernstein, M.D., F.A.C.P. Robert A. MacLe~a~t~. Commissioner Austin, Texas 78756 Deputy Commissioner (512) 458-7111 Professional Services Hermas L. Miller Deputy Commissioner Management and Administration Date Nov. 1= 1985 From To C. C.,~ave~, ~ Community ana ~urai nealtn Anthony Lyons~ M.D. , Director Plainview-Hale County Health District re TDH Doc. No. C 6000552 Attachments 1-2 -'ubject 1986 Contract for Local Health Services '~..EnCiosed are three copies of the 1986 contract between your agency and the Texas Department of Health. The individual attachments identify ~the program and amount of funds allocated for each activity. After i.~these are signed, ~all three copies should be returned for final Processing. .i~A fully executed copy will be returned to you after that ,action.. The .base contract is very similar to the 1985 contract; however,- it has been simplified and clarified. These changes have been discussed in the meetings held during the summer with representatives of local health agencies and accounting offices. Hopefully, these discussions have resulted in all involved parties being familiar with the major changes and improvements. There are several blanks to be completed prior to copies being signed and returned. These are on the fourth, and signature pages. these contract first, third, The blanks for authorized ~ontracting entity and the name and title of the person authorized to s~gn are to be completed with the name of the city or county office, or in the event your agency serves more than r~ne entity, both offices may be listed with the names and titles of .~.ne individuals signing the contract. If the authority to sign has been given to a single office or to you as director of the Performing Agency, a copy of' this authorization must be returned with the contracts. If this has been filed previously please note this information in the return transmittal. The person indicated on page one should sign the signature page, fill in the title and date. This year there is a section on the signature page for Performing Agency recommendation signature and blanks to be completed with the address. The information to be completed in ArtiCle 4 on page three is very important. The individual listed will be the one recognized as authorized to initiate requests for transfer of funds from an attachment with state budgeted positions to the attachment which provides funds for local administration. This procedure should eliminate or reduce the number of amending attachments which have been done in the past and create a much more efficient and timely process for handling conversions of state vacancies. It is hoped that you will be the person so designated by the contracting entities. In Article 8, the ending month and year of your local current operating budget is to be entered. As stated, this will be the fiscal data to be included in the annual health services and operating budget report which will be requested later. Financial requirements are given in Article 15. These have been simplified and the number of required reports has been reduced. The method for advance payments and billing procedures is explained in the article and all of these procedures were covered in the recent training meetings. Please note that reimbursements cannot be made after November unless the financial reports have been received. The due dates for these are given in this article. For your information, when requesting conversion of funds from a state budgeted position to local costs and administration, the local personnel level and pay rate is used. This department's job classification titles and salary schedules do not apply. Also, you have the option of requesting that funds-be set up in categories other than personnel. The terms of attachments are being realigned in some cases to keep within the fiscal period of September 1985 through August 1986. Some attachments may cover only eleven months in the 1986 contract to allow this change to occur. The twelfth month, September 1986, will be included in the 1987 contract cycle. A few 1985 attachments were amended to drop September 1985 so that that period could be included in the 1986 attachment. If this occurred in a 1985 contract attachment which was amended within the past few months, a transmittal notice would have indicated this. This new procedure does not apply to all programs because of the source of funding, etc., so you may not have this reflected in any of your department's attachments. 7. The local categories of expense include all UGCMS authorized direct cost items; however, funds may not be budgeted in all of the categories. Institutional prior approval is required on transfers between categories when the total amount transferred is 5% or more of the approved budget amount. Also, equipment purchases, items with a unit cost of $250.00 or more, require special approval and a list is to be filed. All equipment must be ordered prior to the end of the state fiscal year (August 3l, 1986). When claims are submitted which include costs for equipment, a list is be be attached to the voucher. The monitor can advise you regarding specific guidelines if you have any questions. A schedule of dates for major contract documents is enclosed. There will be a grace period of September, October, and November during which we will honor vouchers even though the base contract has not been signed. We will need to receive your signed contract during this period to complete the agreement and continue to process your vouchers. If there are any questions, please contact me or the monitor for your department who will be happy to assist you. TW:gd Enclosures 3 1986 CONTRACTS, FORMS AND REPORTS SCHEDULE ~TRACTS PERIODICITY DUE DATE Contract (base) with initial attachments Annually 8-31-85 mailed to PERFORMING AGENCY ,11-30-85 signed/returned to RECEIVING AGENCY FORMS AND REPORTS Annual Local Health Services and Operating Bud§et Summary Annually Stated in transmittal cover letter Application for Assistance ~udget Data (Short Form)(GC-9) As needed to revise budget In advance of changes Financial Status Report (SF 269a; GC-4) Quarterly Z0th of month following end of each quarter; 90 days after end of attachment term Indirect Cost Rate Record (negotiated between Per- forming Agency and federal/ State Cognizant Agency) As needed Within 6 months of expiration date k~quest for Advance or Reimbursement (SF 270; GC-10) Annual 1 y 90 days after end of attachment term Request/Approval to Transfer State Budgeted Funds to Local Funds As needed As vacancy occurs (initiate in advance of actual vacancy, when possible) Request for Funds Annually Mid 86 contract cycle (approx. Feb. 1986) State of Texas Purchase Voucher (AG-37) Monthly, or as needed Not later than 90 days after end of the attachment term *Must be on file in RECEIVING AGENCY by November 30, billings to be processed after this date. 1985, in order for Submit all forms and reports to: Texas Department of Health, and Rural Health, 1100 West 49th Street, Austin, Texas 78756. Community NOTE 1: Individual programs may require other program reports not listed. NO.TE 2: Most forms may be ordered from TDH/Literature and Forms. ~_~munity and Rural Health for information on others. Contact STATE OF TEXAS COUNTY OF TRAVIS TDH Document No. C6000552 LOCAL HEALTH SERVICES CONTRACT The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, acting through its Deputy Commissioner for Manaqement and Administration, and COUNTY OF HALE, CITY OF PLAINVIEW (Authorized Contracting Entity) acting through PLAINVIEW-HALE COUNTY HEALTH DISTRICT (Name of PERFORMING AGENCY) hereinafter referred to as PERFORMING AGENCY, acting through COUNTY JUDGE BILL HOLLARS, MAYOR EUGENE V, RIDLEHUBER its (Name of Person Authorized to Sign Contracts) JUDGE COUNTY OF HALE, MAYOR CITY OF PLAINVIEW (Title of Person Authorized to Sign Contracts) mutually agree as follows: ARTICLE 1. Scope of Work PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work which is/are hereby incorporated and made a part of this contract as Attachment(s) 1-2 , plus amendments which may be added by additional Attachment(s) from time to time as hereinafter provided. ARTICLE 2. Terms The term of this contract shall be governed by the time period on the Attachment(s). No commitment of contract funds is permitted prior to the first day of the Attachment term nor subsequent to the last day of the Attachment term. The term may be extended by amendment(s). ARTICLE 3. Applicable Laws and Standards This contract shall be governed by the laws of the State of Texas. PERFORMING AGENCY agrees that the Uniform Grant and Contract Management Standards (UGCMS), Article 4413, Section 3Zg, V.A.C.S., will apply as terms and conditions of' this contract, and the standards are adopted by reference .i.n their entirety. If there is a conflict between the provisions of this ntract 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 AGENCY upon request. UGCMS contains requirements in OMB Circulars-No. A-102 and A-87 that pass- through with State and Federal monies including but not limited to: 1. allowable costs in applicable Cost Principles, A-87; financial management standards, A-10Z, Attachment G; 3. procurement, A-102, Attachment O; and 4. audit requirements, A-10Z, Attachment P. In addition, A-iOZ, Attachment O, sets out provisions that must be in all contracts. Those provisions are hereby adopted when applicable, and 'include but are not limited to: audit and record access and retention; EqUal Employment Opportunity; environmental and energy protection laws and regulations. PERFORMING AGENCY will comply with the requirements set forth- in the enabling Federal l'egislation, as set out in the Attachment(s) hereto, Treasury Circular 1075 (31 CFR Part 205) and all other Federal laws and regulations applicable to Federal funding source(s) in this contract. PERFORMING AGENCY will utilize RECEIVING AGENCY policies and procedures for hiring and promoting individuals into state budgeted positions funded by this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY Bureau of Personnel Management. The purpose of the approval is to insure that individuals occupying these state budgeted positions meet minimum educational and experience requirements. PERFORMING AGENCY shall .have in place legally sufficient Hearing Procedures for all of its state budgeted employees. Due ProCess The Director of PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer any and all state budgeted personnel funded by Attachment(s) to this contract; provided, however, that any demotions, suspension, or discharge of Such state -budgeted employees shall be in accordance with the Due Process Hearing Procedures as set out above. 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. 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 obligations as state employees, as contained in state law. These obligations include provisions that no employee paid on a State budgeted position may receive a salary supplement from any other source. PERFORMING AGENCY agrees to defend and indemnify RECEIVING AGENCY for any and all claims and/or judgements taken against any employee~, state or local, or against said RECEIVING AGENCY, arising out of any claims or cause of action against any such employees. ARTICLE 4. Compensation and payment For services satisfactorily performed pursuant to the Scope(s) of Work, PERFORMING AGENCY shall have furnished or be reimbursed by RECEIVING AGENCY an amount not to exceed the tOtal of all Attachment(s] which are attached hereto. Allowable ~costs shall be.only as outlined in the Attachment(s]. PERFORMING AGENCY will not bill RECEIVING AGENCY for any costs under this contract which have also been billed or should have been billed to any other funding source. Costs claimed for reimbursement must be substantiated. With proper justification, and concurrence of RECEIVING AGENCY, PERFORMING AGENCY may request advance payment under this contract in accordance with the applicable provisiOns of this contract. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of an Attachment 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 stake budgeted position after all benefits, obligations, and/or other entitlements are met, Anthony A. Lyons, M.D., Director (title and name of person) is authorized to request such transfer for PERFORMING AGENCY, the method and format of which shall be prescribed by RECEIVING AGENCY. PERFORMING AGENCY shall submit certified vouchers according to the procedures set out in this contract. At the close of each quarter, a signed financial report, the format of which is in the UGCMS, must be submitted. ARTICLE 5. Fundinq PERFORMING AGENCY shall use funds from this contract to budget. These funds will in no event supplant existing available to PERFORMING AGENCY. supplement its funds currently PERFORMING AGENCY agrees to assign to RECEIVING AGENCY expenditures of local funds for public health services as matching for Federal funds. Such assigned local matching 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 must be obtained from RECEIVING AGENCY to withdraw the assigned funds from 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 ~s 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 in this contract shall apply. ARTICLE 6. Program Income All revenues received from the deli-very of contract services shall be 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 legislation under which the contract was made and be deducted from total project costs, or (Z) be deducted from total project costs, according to ~3 RECEIVING AGENCY policy interpreting UGCMS, ~-..supplementary material to the UGCMS manual. a copy of which is provided as 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.C.S., and the Texas Board of Health rules covering Fees for Clinical Health Services (Z5 TAC, Sec. 1.19) and other applicable laws; provided, however, that a patient may not be denied a service due to inability to pay. ARTICLE 7. Records PERFORMING AGENCY will have a system in effect to' protect from inappropriate disclosure of patient records maintained in connection with the activities funded, under this contract. ARTICLE 8. Report.s and Inspections 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. PERFORMING AGENCY shall participate fully in any required evaluation-study. PERFORMING AGENCY will furnish RECEIVING AGENCY an annual budget of PERFORMING AGENCY on forms provided by RECEIVING AGENCY. The budget shall ~-~be for PERFORMING AGENCY current fiscal year ending September 1986 The budget shall'be shown by object of expense category and include all funding sources. The personnel category shall include position classification and gross salary for all employees. ARTICLE 9. Amendments This contract may be amended as provided in Article 4, or by the addition of Attachments(s) containing additional Scope(s) of Work and'Budget(s) related to same, or by revision of existing Attachment(s) and the Scope(s) of Work and/or Budget(s); such Attachment(s) to be duly executed by the parties as hereinabove provided. ~~ .... contract shall not be altered, changed, or amended except by instrument in writing executed by authorized officials of the parties hereto. ARTICLE 10. Property and Supplies Subject to the obligations and conditions set forth in this contract and UGCMS, title to al) property purchased from funds provided herein shall vest upon acquisition with PERFORMING AGENCY. PERFORMING AGENCY shall maintain a property and supplies inventory and administer a program of -maintenance, repair, and protection of assets provided under this contract ..... $o as to assure their full availability and usefulness for performance under this contract. 4 ~,_ RECEIVING AGENCY retains the option to recover all unused supplies and useable equipment furnished under this contract upon the termination of .... relationship of the parties hereto. This also includes acquisitions through lease-purchase agreements with funds provided under this contract or with funds provided by program income attributable to the programs provided for under this contract. 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 during the period of this contract, it shall use'the proceeds to repair or replace said assets. ARTICLE 11. Discrimination Prohibited No person in the United States shall on the grounds of race, creed, color, handicap, age, ability to pay, sex, or national origin be excluded from participation in, be denied the- proceeds of, or be subject to discrimination in the performance of this contract. The parties will comply with the regulations promulgated by the Secretary of DHHS,. with the approval of the President of the United States, pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part 80). In addition, PERFORMING AGENCY shall comply with the provisions of the Rehabilitation Act of 1973, Public Law 93~11Z, Section 504, which ensures that no individual "shall, -solely by reason of handicap, be excluded from the participation in, be denied .the benefits of, or be subject to discrimination in this program." ARTICLE 1Z. Severability If any provision(sI 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 as- if never incorporated herein, but all other provisions shall continue. ARTICLE 13. Scope of Agreement This contract incorporates al) of the agreements, convenants, and understandings between the parties hereto concerning the Attachment(s) and all such covenants, agreements, and understandings have been merged into this written contract. No prior agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this contract. ARTICLE 14. 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 reasons for the 5 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 incurred 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 park, 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 AGENCY. 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 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 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 incurred up to the date of termination. ARTICLE 15. Financial Reporting Requirements The following prescribes uniform procedures and the standard forms for PERFORMING AGENCY to: request reimbursements and/or advance payment, and summarize and report expenditures and unexpended funds. 6 Reimbursements Monthly, or as needed, PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form ~AG-37). Advance Payment PERFORMING AGENcy may request an advance with proper justification and concurrence of RECEIVING AGENCY. Amount of the advance Shall be determined by the amount and.term of the Attachment(s); however, -for each Attachment, the amount of the advance shall not exceed one-sixth (1/6th) of the Attachment amOunt. The advance will be requested on a State of Texas Purchase Voucher at the beginning of the 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 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 drawn only to meet immediate cash needs for disbursement (UGCMS and Federal Circulars). Reports Quarterly - PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form Z69a (TDH Form #GC-4) by the twentieth (20th] of the month following a quarter. Reporting requirements apply regardless of whether or not costs have been incurred.' Annual/Final-PERFORMING AGENCY shall submit no later than 90 days after the end of the Attachment period final quarterly Financial Status Report State Supplemental Form 169a and Request for Advance or Reimbursement Form 270. If necessary, a State of Texas Purchase Voucher will also 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. ~7 EXECUTED IN TRIPLICATE ORIGINALS ON THE DATES INDICATED. CONTRACTING ENTITY FOR AND IN BEHALF OF PERFORMING AGENCY 'gnature of P~rson Auth~r--~zed to Sign Contracts) T i t 1 e COUNTY JUDGE Date November;S 1985 Dy ~ony/~. Lyons, M.D. ,' Director (PERFORMING AGENCY Director, if different from above) Print or Type PERFORMING AGENCY Address: P.O. Box 1738 (Mailing Address) Plainview, Texas 79072 (Street Address., if different 1001 Ash Street (City, Zip Code) RECEIVING AGENCY By Hermas L. Miller Deputy Commissioner Management and Administration Date Recommended: C. Eaves, M.D.. Associate Commissioner Community and Rural Health Personal tlealth Services Approved as to Form: By Office of General Counsel CONTRACTING ENTITY FOR AND IN BEHALF OF PERFQRM~ING AGE4~/I [ 4 (Signature of Person Authorized to sign Contracts) Title CITY MAYOR Date 8 ATTACHMENT NO. 1 PERFORMING AGENCY: PLAINVIEW-HALE COUNTY HEALTH DISTRICT' PROGRAM WITHIN RECEIVING AGENCY (TDH): COMMUNITY AND RURAL HEALTH TERM: September 1, 1985 through August 31~ 1986 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 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. Also, evidence that a public hearin9 was held on expenditure of health block 9rant funds and an annual audit report shall be submitted. 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. Total amount of this Attachment shall not exceed $48,636.00.