HomeMy WebLinkAboutR88-190HEALTH DEPARTI~NT - TEX~S DEPARTMENT OF HEALTH CONTRACT
RESOLUTION NO. R88-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS~ AUTHORIZING THE MAYOR TO EXECUTE
TDH DOCUMENT NO. C9000552.
WHEREAS, the Plainview/Hale County Health District
contracted in the past with the Texas Department of Health; and
has
WHEREAS, the attached TDH Document No. C9000552, which is hereby
made a permanent part of this Resolution, provides State funding for
community and rural health, and maternal and child health in the
amount of $78,763.00; and
WHEREAS, said funds are necessary for the efficient operation of
the Plainview/Hale County Health District; and
WHEREAS, the Director of the Plainview/Hale County Health
District has recommended that the City execute said contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Plainview, Texas, that the Mayor is authorized to execute TDH
Document No. C9000552.
PASSED AND APPROVED on September 27,~8~.~ ~/~ ,, ] ~ .
E.V. Ridlehuber, Mayor
ATTEST:
~la Reese, C~ity secretary
David Blackburn,--~ty Attorney
155
TEXAS DEPARTMENT OF HEALTH CONTRACT
1100 West 49th Street
Austin, Texas 78756-3199
~ISTATE OF TEXAS
COUNTY OF TRAVIS TDH Document No. C9000552
This contract is between the Texas Departmen~ of Health, hereinafter referred to
as RECEIVING AGENCY, and the party listed below as PEBFORMING AGENCY and
includes general provisions and attachments detailing scope(s) of work and
special provisions.
PERFORMING AGENCY: PLAINVIEW-HALE COUNTY KEALTttDISTRICT
(PRINT or TYPE)
Mailing Address
1001 Ash Street
Street AddresS: SAME --
(If different)
Authorized Contracting'
Entity:
(If different from PERFORMING AGENCY)
Plainview
TX 79072 0000
(City; (~-~) (Zip)
(Ci:7; (~-~) (Zip)
Ty~e of Organization: DISTRICT
(~signate individual, corporation, partnership, nonprofit
city, county, council of government, special purpose districtf !coal health
unit, department or district)
Is this a small business NO (Yes/No) and/or minority/woman o~-_ed NO (Yes/No)
PERFORMING AGENCY Fiscal Year Ending Month:
Vendor Name: CITY OF PLAINVIEW
(Must match with vendor i~entifica~lon numOer shown below)
Vendor Address: P.O. BOX 1870 Plainview TX ?9073 0000
(Must match with vendor identification number shown h-~low)
State of Texas Vendor Identification No. (14 digits): 17560006391000
Finance Officer/Contact: Norman Huggins
Summary of Transaction:
CONTRACT FOR LOCAL PUBLIC HEALTH SERVICES.
COVER - Page 1
DETAILS OF ATTACHMENTS
Att.
Ol
OZ
03
TDH
Program
Term
Begin
"CONNuHiTY'& ~dRAL HEALTH
COMMUNITY t RURAL HEALTH
RATERNAL & CHILD HEALTH
End
LI
I 9/ IIHH 8/31/89
' 9/ 1/88{ 8/31/89
Ii0/ IISS 9130189
State Pos,
or 8rant
Pos.( !
~rant
Hrant
Source of
Funds~
STATE
STATE
1t.994
Amount
31;296,00
18,I80,00
29,287,00
., TDH Documenu }{o. C9000552 , . ~-. w~v--~.~w~wvv -- ,u,=h { 78,763.00
~Federal funds are indicated by a number from the Catalog of Federal Domestic issisuance (CFDA},
if applicable.
f
187
EXECUTED IN DUPLICATE OEIHINAL$ ON THE DATES SHOWN.
CITY OF PLAIN-VIEW- COUNTY OF HALE
Authorized Contracting Entity (type above
if different from PERFORMING AHENC¥}
for and in behalf of:
PLAINVIEW-HALE COUNTY HEALTH DISTRICT
PERFORMINH AGENCY
{Signature of p~n'authori~.ed
to sign contracts)
BILL HOLLARS - COUNTY JUDGE
(Name and Title)
TEXAS DEPARTMENT OF HEALTH
RECEIVING AGENCY
By:
(Signature of person authorized
to sign contracts)
Hermas L. Miller
Deputy Commissioner
Management and Administration
(Name and Title)
Date:
September 13, 1988
Date:
RECOMMENDED:
(PE~FO~[~¥ Director,
if differ.~, from person '
authorized to sign contract)
APPROVED AH TO FORM:
By:
Office of General Counsel
BY: .~/~_~ ~
(Signature of Person AuZhorized
to Sign Contracts)
GENE RIDLEHUBER - MAYOR
· (Name and Title)
DATE: September 13, 1988
GENERAL PROVISIONS FOIl
TEXAS DEPARTMENT OF NF. ALTIt CONTRACT8
PERFORMING AGENCY and.RECEIVING AGENCY agree this contract, assurances,
general and/or special provisions, and Attachment(s) with detailed scope(s) of
work and budget(s), as applicable, incorporate all covenants and agreements
pertaining hereto. 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 hereby assures compliance with the following terms and
conditions unless otherwise specified in the Attachment(s) hereto:
ARTICLE 1. Sco~
PERFORMING AGENCY shall 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 shall be measured in part by: 1)
adherence to the contract; 2) results of CPA or State Auditor reports; and
3) timeliness, completeness, and accuracy of required reports.
ARTICLE 2. Term
The time period of this contract shall 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).
ARTICLE 3. Funding
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,
~ithdrawal, 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 Ariicle shall apply.
ARTICLE 4. Amendments
This contract may be amended and such amendments shall be in ~riting and duly
executed by the parties hereto.
ARTICLE 5. Severability
If any provision(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 shall be deemed
stricken and deleted herefrom to the same extent and effect as if never
incorporated herein, but all other provisions shall continue.
GENERAL PROVISIONS - Page I
any activity designed to influence legislation or appropriation pending before
legislative bodies of the state and/or federal government.
ARTICLE 8. Standards For Financial
PERFORMING AGENCY shall develop, implement, and maintain financial management
and control systems which meet or exceed the requirements of UGCMS. 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 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.
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, a mechanism capable of billing and making reasonable efforts to
collect from patients and third parties, and procedures for aging accounts
and writing off bad debts.
ARTICLE 9. Allowable-Costs
Only those costs allowable under-'UGCMS and/or applicable federal cost
principles are eligible for reimbursement under this contract. Applicable
cost principles:
1. OMB Circular A-87, "Cost Principles Applicable to Grants and contracts
with State and Local Governments"
2. OMB Circular A-21, "Cost Principles for Educational Institutions"
3. OMB Circular A-122, "Cost Principles for Nonprofit Organizations"
To be eligible for reimbursement under this contract, a cost must have been
incurred within the attachment term and paid by the PERFORMING AGENCY prior to
claiming reimbursement from the 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.
ARTICLE 10. Overtime Compensation
Unless specifically authorized in Attachment(s) to this contract or
amendment(s) hereto, none of the funds provided by Attachment(s) shall be used
to pay overtime. PERFORMING AGENCY shall be responsible for any obligations
of overtime pay due employees which are not so authorized by RECEIVING AGENCY.
ARTICLE 11. Terms and conditions of Payment
For services satisfactorily performed pursuant.to the Scope(s) of Work,
PERFORMING AGENCY shall receive reimbursement for allowable costs.
Reimbursements shall not exceed the total of each Attachment(s) hereto and are
contingent on a signed contract.
GENERAL PROVISIONS - Page 3
ARTICLE 13.
Program Income
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.
All revenues received from the delivery of contract services shall be
identified, 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.
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.
ARTICLE 14. Financial RePOrts
Financial reports are required as provided in UGCMS and shall be filed
regardless of whether or not expenses have been incurred.
Quarterl~
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.
Annual/Final
A final report, Request for Advance or Reimbursement, Form 270 (TDH Form GC-
10) shall be submitted not later than 45 days following the end of Attachment
term(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.
ARTICLE 15. RePOrts and InspectionR
PERFORMING AGENCY shall 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
representatives 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. PERFORMING AGENCY
shall participate in and provide reasonable access, facilities and assistance
for the representatives. All inspections and evaluations shall be performed
in such a manner as will not unduly delay the work.
GENERAL PROVISIONS - Page 5
make and model, cost, and a justification) and (2) any additions to or
deletions of approved equipment purchases.
PERFORMING AGENCY shall maintain a property inventory and administer a progra~
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 at the end of the Attachment(s) term. A .format based on UGCMS, A-
102, Attachment 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
provided under this contract, it shall use the proceeds' to repair or replace
said assets.
When property purchased by PERFORMING AGENCY pursuant to this agreement is no
longer needed or usable in the project or progra~ supported by this agreement,
disposition shall be in accordance with UGCMS.
RECEIVING AGENCY retains the option to recover all unused supplies and usable
nonexpendable property purchased under this contract upon the termination of
the Attachment(s).
ARTICLE 19. Subcontracting
PERFORMING AGENCY. may enter into agreements with subcontractors unless
restricted or otherwise prohibited in specific Attachment(s). Subcontracts,
if any, entered into by PERFORMING AGENCY shall be in writing and 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 20. Cooyrights and Publications
PERFORMING AGENCY understands and agrees that where activities supported by
the contract produce original books, manuals, films, computer programs
(including executable computer programs and supporting data in any form) or
other original materiaI, 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 acknowledgement of the support
received from RECEIVING AGENCY and the appropri.ate 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.
GENERAL PROVISIONS - Page 7
ARTICLE 23. 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 its employees filling state budgeted positions.
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 demotion~
suspension, or discharge of such state budgeted employees shall be in accordance
with the Due Process Hearing Procedures as set out above. The only distinction
between state budgeted and local paid 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 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 shall apply whether travel funds are
provided in Attachment(s) under this contract or from any other source.
PERFORMING AGENCY shall utilize RECEIVING AGENCY 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 Bureau of
Personnel Management. The purpose of the approval is to insure that
individuals occupying these positions meet minimum educational and experience
requirements.
PERFORMING AGENCY shall maintain required records and submit documents
necessary to process personnel, payroll, leave and time records and travel
claims on state budgeted positions. PERFORMING AGENCY shall be furnished by
RECEIVING AGENCY state warrants for salary compensation or travel
reimbursement for issuance to employees on state budgeted positions.
Independent audit is not required as 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 AGENCY may be reimbursed for local personnel costs or other
categories of expense used to fulfill the scope of work of Attachment(s) in
GENERAL PROVISIONS - Page 10
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, may submit request for conversion. RECEIVING
AGENCY will transmit formal approval and revised budget to PERFORMING AGENCY
to complete the conversion.
A~TICLE 24. Fundin~ Participation Requirement
PERFORMING AGENCY agrees funds provided through this contract shall not be
used for matching purposes in securing other funding.
GENERAL PROVISIONS - Page 11
ATTACHMENT NO. O1
PERFORMING AGENCY: PLAINVIEW -HALE COUNTY 1LEALTH DISTRICT
RECEIVING AGENCY PROGRAM: COMMUNITY AND RURAL HEALTH
TERM: September 1, 1988
THROUGH August 31, 1989
SECTION I. 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, vec~or control, premise
inspections, swimming pool inspections, and other services as related to the
particular problems of the jurisdiction.
Reports of services performed under this attachment will be submitted to the
Office of Community and Rural Health.
PERFORMING AGENCY will provide an estimated clients with
services/units of service in or benefitting the geog~-~_~_ic area defined as:
SECTION II. LEGAL AUTHORITY:
Current Appropriations Bill.
SECTION III. SPECIAL PROVISIONS:
The attached list of positions and budgetary amounts, exclusive of category
41, if applicable, is an integral part of this Attachment. A state warrant
will be issued for each filled position in the amount of monthly net salary
earnings.
Financial reports are not required unless program income is generated from
activities performed by employees funded through this Attachment.
.SECTION IV. BUDGET:
Total amount of this Attachment shall not exceed $31,296.00.
-1-
JULY 13, 1988
H21311/K13028
PLAINVIEW-HALE COUNTY HEALTH DEPT PAGE
PHR 2
AUGUST 31, 1989
BUDGET NO. PBO00
685
I NURSE III
STATE AUGOO143861508SEP 88 2,608.00
31,296.00
31,296.00 *
41 GRANTS
99001
STATE AUG SEP 88
FUND SUMMARY
STATE AUG
18,180.00
18,180.00 *
49,476.00 **
49,476.00
49,476.00
ATTACHMENT NO. 02
PERFORMING AGENCY: PLAINVIEW -tiALE COUNTY HEALTH DISTRICT
RECEIVING AGENCY PROGRAM: COMMUNITY AND RURAL HEALTH
TERM: September 1, 1988
THROUGH August 31, 1989
SECTION I. SCOPE OF WORK:
This allocates funds in support of the scope of work in Attachment No. 01
(That Attachment contains .the number of clients and geographic area to be
served.)
SECTION II. LEGAL AUTHORITY:
Current Appropriations Bill.
SECTION III. SPECIAL PROVISIONS:
None
SECTION IV. BUDGET:
Personnel $18,180.OO
Fringe Benefits (0.00%) .OO
Travel .OO
Equipment .OO
Supplies .OO
Contractual .OO
Other .OO
Total Direct $18,180.OO
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.OO.
-]-
ATTACHMENT NO. 03
PERFORMING AGENCY: PLAINVIEW -HALE COUNTY HEALTH DISTRICT
RECEIVING AGENCY PROGRAM: BUREAU OF MATERNAL AND CHILD HEALTH
TERM: October 1, 1988
THROUGH September 30, 1989
SECTION I. SCOPE OF WORK:
Provide clinical services to meet the needs of iow income women and children
with particular reference to prenatal care for pregnant women, family plan-
ning services, and preventive child health services. Services shall be pro-
vided 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. -~
Se~zices performed under this Attachment shall be reported as required by
RECEIVING AGENCY, Bureau of Maternal and Child Health, by submission of
Maternity/Family Planning and Child Health Clinic Reports.
~~NG AGENCY will provide an estimated clients with
services/units of service in or benefitting the geographic area defined as:
SEC/ION II. LEGAL AUTHORITY:
P.L. 97-35, Title V,. Social Security Act, 45 CFR 96, and P.L. 100-202.
SECTION III. SPECIAL PROVISIONS:
In compliance with Article 6252-13g, ViT.C.S., PERFORMING AGENCY will provide
RECEIVING AGENCY with evidence that ~ public meeting or hearing was held to
seek public comment on the needs and uses of federal block grant funds
by PERFORMING AGENCY under this contract. Record of public participation
efforts undertaken must be filed with RECEIVING AGENCY.
If fees for services are imposed as provided in the General Provisions,
charges will not be made for health services provided to low income mothers
and children. 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 ac-
cordance with Section 624 of the Economic Opportunity Act of 1964.
-1-
SECTION IV. BUDGET:
Personnel $17,769.OO
Fringe Benefits 3,155.OO
Travel 300.00
Equipment .OO
Supplies 4,888.00
Contractual 3,175.OO
Other .OO
Total Direct
$29,287.00
Financial reports are due the 20th of January, April, July, and October and
the 15th of November.
Total amount of this Attachment shall not exceed $29,287.00.
-2-