HomeMy WebLinkAboutC2005-154 - 3/22/2005 - ApprovedDEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No. 7460005741 2006
Contract Change Notice No. 0!
The DeparUnent of State Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with CORPUS CHR1STI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as
PERFORMING AGENCY. The parties ~ereto now desire to amend such contract anachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 02 : DIABETES-COMM. DIABETES SERVICES
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEIVING AGENCY:
CORPUS C~HRISTI-NUECES COUNTY PUBLIC
HEALTH I~ISTRICT (CITY)
By:
(Siggtathrdof person authorized to sign)
(Name an4q'itle)
RECOMMENDED:
(PE~O~ING AGENCY D~r~[or, if different
from per~n au~o~ to sign contract
200~154
03/22/05
Res026176
DSHS
DEPARTMENT OF STATE HEALTH SERVICES
By: (Signa~
Bob Burnette, Director
Procurement and Contractin.~ Services Division
(Name and Title)
~s~i~a~ C~ A~m~y ~ J
~o~ Ci~ Affomey
Cover Page I
DETAILS OF ATTACHMENTS
Att/ DSHS Program ID/ Term Financial Assistance Dkect Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No. Order Number Begin End Source of Amount
Funds*
TB/PC
01 01/01/05 12/31/05 93.116 109,526.00 0.00 109,526.00
0000302370
DIAB/CDSP
02 04/01/05 03/29/06 93.988 89,782.00 0.00 89,782.0~
0(}00304678
DSHS Document No.7460005741 2006 Totals
_Change. N0. 01_ $199,308.00 $ 0.00 $199,308.00
*Federal fi~nds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATI'ACHMENT FOR DETAILS.
Cover Page 2
DOCUMENT NO. 7460005741-2006
ATTACHMENT NO. 02
PURCHASE ORDER NO. 0000304678
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: TEXAS DIABETES PROGRAM
TERM: April 01,2005 THRU: March 29, 2006
SECTION I. SCOPE OF WORK:
PERFORMiNG AGENCY shall design, implement, and evaluate a Family Focused Community
Diabetes Services Project (FFCDSP). This project shall provide community-based diabetes
prevention and management interventions that implement population-based and evidence-based
programs and strategies at the community level, and inform and educate community leaders
about evidence-based community, systems, and environmental changes that support and impact
diabetes primary and secondary preventive measures. This project shall target families in high-
risk populations - racial and ethnic minorities who have disproportionate rates and burdens of
diabetes and limited access to health care.
PERFORMiNG AGENCY shall be responsible for designing, implementing, and evaluating the
FFCDSP project. PERFORMiNG AGENCY shall meet the following objectives through the
FFCDSP project and shall provide evidence that the FFCDSP project is meeting the following
objectives:
· Increase opportunities for implementing positive behavior and lifestyle changes (e.g.,
increased and continuing physical activity and healthy eating) in people who already have
diabetes and those xvho are at risk of developing diabetes;
· Increase community, environmental, and systems changes in various community sectors
(schools, businesses, faith communities, neighborhoods, health systems and food
industry) that facilitate ongoing, increased physical activity and healthy eating among the
general population, especially those with diabetes and "pre-diabetes";
· Institute project strategies or community policy and environmental changes conducive to
risk reduction;
· Increase public and provider knowledge of the symptoms, risk factors and target goals of
diabetes, pre-diabetes and gestational diabetes and the importance of physical activity and
healthy eating in preventing and delaying or manag/ng the disease and its complications;
and
· Increase the knowledge of health care providers, payers, and their patients and
implementation of the Texas Diabetes Council's (TDC) Minimum Standards for Diabetes
ATTACHMENT Page 1
Care in Texas and clinical guidelines (providers, payers) and National Diabetes
Education Program (NDEP) resources.
PERFORMING AGENCY shall establish an&'or maintain a broad-based community diabetes
coalition that meets at Icast quarterly for the dnration of this project.
PERFORMING AGENCY shall develop and submit the following products:
· Evidence of qum~ter[y coalition meetings (minutes with attendance rosters);
· A program dcsctfption in a £ommt specified by RECEIVING AGENCY Program;
· Evaluation data and analysis to be specified by RECEIVING AGENCY Program; and
· Any other items agreed upon in writing between PERFORMING AGENCY and
RECEIVING AGENCY.
PERFORMING AGENCY shall have and maintain procedures and tracking tools in a consistent,
timely maturer to documcnt activities, services, and persons served that are measured in reports.
PERFORMING AGENCY also shall fulfill evaluation requirements as specified by
RECEIVING AGENCY.
PERFORMING AGENCY shall provide evidence through its formative evaluation that
PERFORMING AGENCY is meeting project work plan's goals outlined in project's impact and
process objectives.
PERFORMING AGENCY shall align any health care system components with the TDC's
Minimum Standards of Care. All project interventions shall be consistent with the TDC's
strategic plan and RECEIVING AGENCY'S priorities for the health of Texans: fitness through
physical activity and nutrition, immunizations, and eliminating health disparities.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
rcgulations, standards, and guidelines in effect on the beginning date of this contract Attachment
onless amended.
PERFORMING AGENCY shall comply with the following:
Texas Health and Safety Code, {}12.012 and 103; and
Healthy People 2010, United States (U.S.) Department of Health and Human Services,
November, 2000.
PEFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY
Program's Competitive Request for Proposal (RFP), Family-Focused Diabetes Prevention
Services Projects, RFP- DIABETES-0122.1, issued 11/04/2004, any letters or memos with rules,
policies or other instructions given to PERFORMiNG AGENCY, and PERFORMiNG
AGENCY'S objectives, work plan, and detailed budget as approved by RECEIViNG AGENCY
Program. All of the above named documents are incorporated herein by reference and made a
ATTACHMENT Page 2
part of this contract Attachment. All revisions to said documents shall be approved by
REC E1V1NG AGENCY Progrmn and transmitted in writing to PERFORMiNG AGENCY.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING
AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue
performance under this Attachment in compliance with the amended standard(s) or guideline(s).
RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable
period of time as determined by RECEIVING AGENCY
RECEIVING AGENCY reserves the right, where allowed by legal authority, to redirect funds in
the event of financial shortfall. RECEIVING AGENCY Program will monitor PERFORMiNG
AGENCY'S expenditures on a quarterly basis. If expenditures are below that projected in
PERFORMING AGENCY'S total contract amount as shown in SECTION IH. BUDGET,
PERFORMING AGENCY'S budget may be subject to a decrease for the remainder of the
Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in
funds.
PERFORMANCE MEASURES
The following performance measures shall be used to assess, in part, PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
· Provide a minimum of 48 organizational activities leading to changes in community
systems, policy, and/or environments;
· Provide a minimum of 12 organizational changes impacting community systems, and/or
environments in two (2) or more sectors of the community (e.g., health care,
worksites/business, faith-based groups, neighborhoods, recreation centers, schools, non-
profits, and food industry);
· Provide at least 46 self-management classes (e.g., Centers for Disease Control and
Prevention (CDC) diabetes self management program Diabetes Empowerment
Education Program (DEEP), Stanford's Ckronic Disease Self Management, or other
RECEIVING AGENCY approved models) or activities;
· Provide a minimum of 0 provider education (risk reduction, TDC standards of care, etc.)
events about diabetes;
· Conduct at least 48 ongoing physical activity groups and/or events people;
· Conduct at least 12 support groups;
· Conduct at least 0 food and nutrition classes;
· Reach at least 820 people through self-management classes or activities;
· Reach at least 120 people through ongoing physical activity groups and/or events;
· Reach at least 240 people through support groups;
· Reach at least 0 people through food and nutrition classes;
· Public Information: (primanlyNDEP)
· Provide at least 18 television activities;
ATTACHMENT Page 3
· Provide at least 30 radio activities;
· Publish at least 3,400 print advertisements (e.g., newspapers, church bulletins,
business inserts or newsletters);
· Provide at least 200 websites, kiosks, etc.; and
· Distribute at least 1,024 printed materials (e.g., NDEP, TDC, and other diabetes-
related literature.
PERFORMING AGENCY shall provide the following reports:
· Monthly performance reports accounting for key activities in work plan implementation
(anecodotal and statistical), prepared in a format approved by RECEiVING AGENCY
Program, and due ten (10) days after the end of each month;
· Quarterly reports analyzing progress on work plans and development of succussful
stratcgics, preparcd iu a fon'nat approved by RECEIVING AGENCY Program, and due
twenty (20) days after the end of each quarter; and
· A year-end project summary of achievements and level of accomplishing objectives for
cud of contract period and recommended practices and processes for achieving
objectives, prepared in a fnmmt approved by RECEIVING AGENCY Program, and duc
thirty (30) days alter the end of the contract Attachment term.
The numbers above indicate the minimum for each performance measure. This value is subject
to change upon written agreement between RECEIVING AGENCY and PERFORMING
AGENCY. Work plan activities and deadlines shall not be changed without prior approval from
RECEIVING AGENCY.
PERFORMING AGENCY shall notify RECEIVING AGENCY Program Director, Diabetes
Program, of any changes in project staff or contact information within fourteen (14) days of such
change(s).
PERFORMING AGENCY'S Project Coordinator and support staff shall attend all scheduled
trainings held by RECEiVING AGENCY unless prior approval is obtained from authorized
RECEiVING AGENCY Program staff for absences.
PERFORMING AGENCY shall receive prior approval from RECEIVING AGENCY on any
proposed educational media campaigns for the public or health care professionals. This
rcquirement does not apply to promotional campaigns for local events. PERFORMING
AGENCY shall use NDEP materials whenever possible, PERFORMING AGENCY shall
include thc following credit on all printed, audio or visual materials developed as part of this
prograna: "Funding provided by the Department of State Health Services, Texas Diabetes
Program."
SECTION II. SPECIAL PROVISIONS:
None.
ATTACHMENT Page 4
SECTION 111. BUDGET:
PERSONNEL $11,430.00
FRINGE BENEFITS 1,497.00
TR~VEL 1,726.00
EQUIPMENT 0.00
SUPPLIES 0.00
CONTRACTUAL 75,!29.00
OTHER 0.00
TOTAL
$89,782.00
Total reimbursements will not exceed $89,782.00.
Financial status reports are due the 30th of July, 30th of October, 30th of January, and the 30th
of June.
ATTACHMENT Page 5
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS
TABLE OF CONTENTS
ARTICLE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
35
36
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38
PREAMBLE
TERM
FUNDING
AMENDMENTS
APPLICABLE LAWS AND STANDARDS
DEBARMENT AND SUSPENSIONS
ASSURANCES
Cl~l~D ABUSE REPORTING REQUIREMENTS
INTELLECTUAL PROPERTY
HISTORICAl ~l .y UNDERUTILIZED BUSINESSES
CONFLICT OF INTEREST
CERI'IFICATION OF SOICI'WARE, HARDWARE, F~ARE, AND
MICRO CODE PRODUCTS
STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT
BONDING
FUNDING PARTICIPATION REQUIREMENT
ALLOWABLE COSTS AND AUDIT REQUIREMENTS
TERMS AND CONDITIONS OF PAYMENT
ADVANCE PAYMENTS
PROGRAM INCOME
OVERTIME COMPENSATION
EQUIPMENT AND SUPPLIES
CONTRACTS WITH SUBRECIPIENTS
CONTRACTS FOR PROCURM~NT
REPORTS
INSPEL-I1ONS
RECORDS RETENTION
CONFIDENTIALITY OF PROTECTED HEALTH INFORMATION
SANL-rlONS
SANL'I'ION REVIEW
BREACH OF CONTRACT CLAIM
TERMINATION
VOID CONTKACT
SEVERABILITY
LOCAL FI~ALTH DEPARTMENT PERSONNEL
SURVIVAL OF TERMS
CONSTRUCTION OF AMBIGUITIES
NO WAIVER OF SOVEREIGN IMMUNITY
CERTIFICATION
Paper Publications Number: 29-11834, Revised June 2004
(LGS) GENEPokL PROVISIONS 6/2004
Any alteration to this docun~nt constitutes a counter-offer and must be approv~ In writing by the l)epartmmt of State Health.
Services.
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS
ARTICLE 1. Preamble
PERFORMING AGENCY and RECEiVING AGENCY (the parties) agree to make and enter into this grant conU'act
(contract), to faithfially perform the dutqes prescribed by this contract, and to uphold and abide by its terms and
provisions. This contract consists of:
· RECEIVING and PERFORMING AGENCY identifying data,
· Details of Attachment(s),
· authorized signatures,
· General Provisions, and
· Attachment(s)
Attachments may include the following elements as applicable:
· detailed Scope(s) of Work,
· Special Provisions,
· budget(s), and
· exhibit(s).
This contract represents the complete and entire understanding and agreement of the parties. No prior agreement or
understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this
contract. The terms "shall" and "will" are used interchangeably in this contract.
The person or persons signing and executing this conlract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee that
he, she, or they have been duly authorized by PERFORMING AGENCY to execute this conWact for PERFORMING
AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances, and provisions.
PEKFORMING AGENCY assures compliance with this conlxact, including these General Provisions unless
otherwise specified in any Special Provisions oftbe Attachment(s) to this document. If these General Provisions are
revised or replaced during the k:~ m of this contract and PERFORMING AGENCY does not consent to comply with
the modified General Provisions, PERFORMING AGENCY may exercise its t~mdnation options in accordance with
the General Provisions, T~mtination Article.
ARTICLE 2. Term
The te,,,. (time period) of tl'fis contract shall be governed by the term(s) of the Attachment(s). No comrmtment of
contract funds is perrmtted prior to the first day or subsequent to the last day of the term. The tm. may be renewed,
extended or shortened by amendment(s).
(LGS) GENERAL PROVISIONS 6/2004 Page 1
ARTICLE 3. Funding
This conlmct is contingent upon the continued availability of funding. If funds become unavailable through lack of
appropriations, budget cuts, 'transfer of funds between programs or agencies, amendment of the appropriations act,
health and human services agency consolidations, or any other disruption of current appropriations, provisions of the
TemaJnat~on Article shall apply.
ARTICLE 4. Amendments
Amendments to this contract must be in writing and signed by individuals with authority to bind the parties.
Uniform Grants Management Standards and RECEIVING AGENCY procedures authorize limited changes to a
conlract attachment with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must
submit request in t'ormat preSCribed by RECEIVING AGENCY Program. RECEIVING AGENCY will consider the
request and document approval or disapproval in writing. PERFORMING AGENCY is responsible for ensuring that
any modification to a contract Attachment becomes a part of the conlxact file.
RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment
executed in compliance with this Article. PER_FORMING AGENCY shall not perform and RECEIVING
AGENCY will not pay for the performance of different or additional services, work, or products except pursuant
to an amendment that is executed in compliance with this Article.
PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are
executed no later than ninety (90) days prior to the expirahon of the Attachment term. PERFORMING AGENCY
shall provide a written justification for any bud get revisions and/or amendments. If a budget revision or amendment
is requested dUnng the last quarter of the Attachment term, the written justification shall include a reason for the
delay. Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY.
ARTICLE 5. Al~l)licable Laws and Standards
This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state rules.
Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
soumes, shall apply to this contract. PERFORMING AGENCY agrees to comply with the Uniform Grant
Management Act (UGMA), Texas Government Code, Chapter 783, as amended, and the Uniform Ca'ant Management
Standards (UGMS) as amended by revised federal ctrculars and incorporated in UGMS by the Governor's Budget and
Planning Office. UGMA is located on the Intemet at http://wvc~v capitol.state.tx.us./statutes/statutes.html; the UGMS
are located on the Internet at http://www.governor.state.tx.us/stategrants/.
PERFORMING AGENCY shall not use funds granted under this contract to pay any person for influencing or
attempting to influence an officer or employee of any agency, federal or state, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any contract or
grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC § 1352, as
amended, and UGMS). If at any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY
shall file with RECEIVING AGENCY a declaration containing the name of any regisa'ant under the LobbYing
Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in connection with
that contract or grant, a certification that none of the funds provided by RECEWING AGENCY have been or will be
used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom
PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or
receives a subgrant or subcontract to file the same declaration, cemfication and disclosure with RECEIVING
AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of
application for the con~ract or grant; upon execution of a contract or grant unless PERFORMING AGENCY
(LGS) GENERAL PROVISIONS 6/2004 Page 2
previously filed a declaration, certification or disclosure form in connection with the award; and at the end of each
calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in
any declarahon, certification or disclosure previously filed. RECEIVING AGENCY will supply the cemfication form
to PERFORMING AGENCY upon request.
ARTICLE 6. Debarment and Susl~ension
PERFORMING AGENCY certifies by execution of this contract to the following:
· It is not ineligible for pamcipation in federal or state assistance programs under Executive Order 12549,
Debarment and Suspension, Feb. 18, 1986, 51 Fed. Reg. 6370;
· Neither it nor its pnncipals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal dep~.hnent or agency;,
· It has not knowingly failed to pay a single substantaal debt or a number of outstanding debts to a federal or
state agency; and,
· It is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of the
balance of a debt.
Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation. If PERFORMING AGENCY' S status with respect to the iterns certified above
changes during the contract term, PERFORMING AGENCY shall notify RECEIVING AGENCY immediately.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or sermces from a subcontractor,
at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549.
ARTICLE 7. Assurances
PERFORMING AGENCY shall establish safeguards to prohibit employees fi-om using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully
comply with the folloWing:
· Title VI of the Civil Rights Act of 1964, 42 USC 8 §2000d et seq., as amended ('P.L. 88-352), which pro}u'hits
discrimination on the basis of race, color or nalaonal origm, and includes the provision for effective
communication and equal access to programs, sermces and activities to persons with Limited English
Proficiency CLEP);
· Title IX of the Education Amendments of 1972.20 USC §81681-1683, and 1685-1686, as amended, which
prohibits discrimination on the basts of,sex;
· Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a), which prohibits dismmination on the basis of
disabilities and the Americans with Disabilities Act of 1990, 42 USC §§ 12101 etseq., including the provision
for effec five communication and equal access to programs, services and activities to IXa~ons with sensory and
speech impairmc-nts;
· The Age Discrimination Act of 1975, 42 USC § 86101-6107, as mended, which prohibits discrimmahon on
the basis of age;
· The Drug Abuse Office and Treatment Act of 1972, 21 USC 8§1101 et seq., as amended, relating to
nondiscrimination on the basis of drug abuse;
· The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilflation Act of 1970,
42 USC 8290dd (b)(1), as amended, relating to nondiserimmation on the basis of alcohol abuse or alcoholism;
(LGS) GENEKAL PROVISIONS 6/20q~4 Page 3
· Public Health Service Act of 1912, §8523 and 527, 42 USC 8290dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
· Title VIII of the Civil Rights Act of 1968, 42 USC § §3601 et seq., as amended, relating to nondiscrinmnation
in the sale, rental or financing of housing;
· The requirements of any other nondiscrirmnation statute(s); and
Collectively, such requirements obligate RECEIVING AGENCY to promde sermces without discrimination on the
basis of race, color, national ongin, religion, age, sex or disability. PERFORMING AGENCY shall can-y out the
terms of this conlraet in a manner which w/ll assist RECEIVING AGENCY in complying with such obligal/ons to the
fullest extent of PEREORMING AGENCY'S ability.
PERFORMING AGENCY agrees to comply with all or part of the folloWing, as applicable:
A. Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the basis of race,
color, disability, religion, sex, national origin, or age.
Immigration Reform and ConSol Act of 1986, 8 USC 81324a, as mended, regarding employment
verification and retention of verification forms for any individual(s) hired on or after November 6, 1986,
who will perform any labor or serrates under this contract.
C. Pro-Children Act of 1994, 20 USC § §6081-6084, regarding the provision of a smoke-flee workplace and
promoting the non-use of all tobacco products.
The National Research Service Award Act of 197 I, 42 USC § 8289a-1 et seq., as amended, and 6601 (P.L.
93-348 and P.L. 103-43), as amended, regarding the protection of human subjects involved in research,
development, and related activities supported by any applicable award of federal assistance, as
implemented by 45 CFR Part 46, Protection of Human Subjects.
The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, as amended, which eshabhsh
federal requirements for the regulation and cemficahon of clinical laboratories.
The Occupational Safety and Health Administmtaon Regulat/ons on Blood Borne Pathogens, 29 CFR
81910.1030, which set safety standards for those workers and facilities m the private sector who may
handle blood borne pathogens, or Title 25 Texas Administrative Code (TAC), Chapter 96, which affects
facilities in the public sector.
Laboratory Animal Welfare Act of 1966, 7 USC 8§2131 et seq. (P.L. 89-544), as amended, pertaining to
the care, handling, and treatment of warm-blooded animals held for research, teaching, or other achvities
supported by this award of assistance.
H. Texas Government Code, Chapter 469, as amended, pertaining to standards which eliminate architectural
barriers for persons with disabilities.
Health and Safety Code, Chapter 165, relating to the fights of mothers to breast-feed and the promotion of
breastqfeeding. RECEIVING AGENCY will support PERFORMING AGENCY in complying by
providing promotional material and information that encourages breast-feeding to program partacipants
who are pregnant women or mothers with infants. Promotional material may be requested fi.om
RECEIVING AGENCY by calling (512) 458-7796.
(LGS) GENERAL PROVISIONS 6/2004 Page 4
J. Environmental standards pursuant to the following:
(1) Institution of environmental quality consol measures under the National Environmental Policy Act
of 1969, 42 USC §§4321-4347 and Executive Order 11514 (35 Fed. Reg 4247), "Protection and
Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing
for Administ~tion of the Clean Air Act and the Federal Water Pollution Control Act w/th Respect to
Federal Contracts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961.
(4) Evaluation of flood hazards in floodplains in accordance with Executive order 11988, 42 Fed. Reg.
26951.
(5) Assurance of project consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972, 16 USC § § 1451 et seq., as amended.
(6) Conformity of federal achons to state clean air implementation plans under the Clean Air Act of
1955, as amended, 42 USC 6§7401 et seq.
(7) Protection of underground sources of drinkang water under the Safe Drinking Water Act of 1974, 42
USC §§300f-300j, as amended.
(8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC § § 1531 et
seq., as amended.
K. The Hatch Political Activity Act, 5 USC § §7321-26, which limits the political activity of~mlJloyees whose
principal employment activities are funded in whole or m part w/th federal funds.
The Fair Labor Standards Act, 29USC § § 201 et seq., and the Intergovernmental Personnel Act of 1970, 42
USC §§4701 et seq., as applicable, concerning minimum wage and maximum hours.
General Appropriations Act, Regular Session, 78th Legislature, 2003, Article {}9-6.13, page IX-35,
"Limitation on Grants to Units of Local Government." For the purpose of 69-6.13, "unit of local
government" shall mean a council of governments, a regional planning commission, or a similar regional
planning agency created under Chapter 391, Local Government Code; a local workforee development
board; or an MI-IMR community center.
N. Texas Government Code, Chapter 573, relating to nepotism.
O. Texas Government Code, Chapter 552, relating to open records and public mfmmafion.
P. Texas Government Code, Chapter 551, relating to open meetings.
Texas Occupations Code, Chapter 1701, as mended, and all rules adopted by the Texas comrmssion on
Law Enforcement Officer Standards and Education pursuant to Chapter 1701, ~s amended, relating to
regulated law enforcement agencies.
PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be
utilized in the accomplishment of the project are not listed on the Env/ronmental Protechon Agency's (EPA) list of
Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA (Executive order 11738).
PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC § §4001-4003, as amended. Section 102(a) requires the purchase of flood
insurance in communities where the insurance is available as a condition for the receipt of any federal financial
(LGS) GENERJkL PROVISIONS 6/2004 Page 5
assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the
U. S. Department of Housing and Urban Development as an area hawing special flood hazards
If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a m/nor under this
conlract, either directly or through contracts with subrecipients, the ~eatment of a minor shall be provided only if
consent m treatment is obtained pursuant to Chapter 32 of the Texas Farmly Code relating to consent to treatment of a
child by a non-parent or child. If requirements of federal law relating to consent directly conflict w~th Chapter 32 of
the Family Code, federal law shall supersede state law.
If PERFORMING AGENCY provides immunizations, PERFORMING AGENCY shall comply with all
immunization reporting guidelines and requirements set forth m the Health and Safety Code, Chapter 161, Subchapter
A. This requirement shall also apply to subrecipients or subconlractors of PERFORMING AGENCY, if any.
PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401 406, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Part 2,
which cover compensation for rmployees' injuries.
When incorporated into an Atmchment~ standard assurances contained in the application package, if any, become
terms or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients
shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are
met.
PERFORMING AGENCY shall comply wi th all federal tax laws and is solely responsible for filing all required slate
and federal tax forms.
PERFORMING AGENCY assures it shall not ~a-'ansfer, assign or sell its interest in this conlract, or in any equipment
purchased with funds fi.om this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 8. Child Abuse Relmrttn£ Reauirements
[PERFORMING AGENCY is required to comply with this article only as related to servicex provided under the
following Attachments: Human Immunodeficiency Virus and Sexually Transmitted Diseases (all direct client
care services for HIV and other sexually transmitted diseases funded under the Ryan White C,4dO, E Act Title II or
general revenue), Title V Family Planning (ACFH/FEE-FP, Title X Family Planning (BYrTt/TITLE 20, Title
Family Planning (BgVI-I/-I'Ii.X70, Pdmary Health Care (ACFH/PHC), Title V Maternal and Child Health
(ACFH/FEE), Special Supplemental Nutrition Program for Women, Infants, and Children (BNS/FdlC-CARD,
and the Services Delivery Integration project (SDI/FFS).] PERFORMING AGENCY and each of its
subrecipients shall make a good faith effort to comply w/th child abuse reporting guidelines and requirements in
Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect.
PERFORMING AGENCY and each of its subrecipients shall develop, h-nplernent and enforce a written policy
that includes at a minimum the TDH Cluld Abuse Screening, Documenting, and Reporting Policy for
Conlractors/Providers and lrain all staffen reporting requirements. PERFORMING AGENCY and its
subrecipients shall use the Checklist for TDH Monitoring as required by RECEIVING AGENCY. (The policy
and checklist are available at each of the above-referenced programs' websites.)
ARTICLE 9. Intellectual Prol~ertv
Texas Health and Safety Code §12.020, as amended, authorizes RECEIVING AGENCY to protect intellectual
property developed as a result of this contract.
(LGS) GENERAL PROVISIONS 6/2004 Page 6
"Intellectual property" means created property that may be protected under copyright, patent, or Izademark/service
mark law.
"Work made for hire" is a copyrightable work prepared for RECEIVING AGENCY use, or a work specially ordered
or cornrmssioned through a contract for RECEIVING AGENCY use. RECEIVING AGENCY ow'ns works made for
hire unless it agrees otherwise by contract.
If federal or state funds are used to finance activities supported by this Contract that result in the production of
original maternal, the federal or state awarding agency reserves a royalty-free, nonexchisive, and a'revocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for federal or state government purposes (1) the
copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any fights of
copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership w~th grant support.
PERFORMING AGENCY shall place an acknowledgment of federal or state awarding agency grant support and a
disclaimer, as appropriate, on any publication w'ntten or published with such support and, if feasible, on any
publication reporting the results of or descr/bing a grant-supported activity. An acknowledgment shall be to the effect
that "This publication was made possible by grant number __ fi-om (federal or state awarding agency)" or "The
project described was supported by grant number__ fi-om (federal or state awarding agency)" and "Its contents
are solely the responsibility of the authors and do not necessarily represent the official views of the (federal or sate
awarding agency)."
In the event the tes ms of a federal or state grant award the copyr/ght to PERFORMING AGENCY, RECEIVING
AGENCY reserves a royalty-free, nonexchisive, worldwide and irrevocable license to reproduce, publish or other~ase
use, and to authonze others to use, for RECEIVING AGENCY, public health, and slate governmental noncommercial
purposes (1) the copyright, ~ademark, service mark, and/or patent on an invention, discovery, or h~,~overnent to any
process, machine, rnanufactum, or composition of matter,, products; technology; scientific information; trade secrets;
and computer software, in any work developed under a grant, subgrant, or conlract under a grant or subgrant; and (2)
any rights of copyright, sermce or trade marks or patents to which a grantee, subgrantee or a PERFORMING
AGENCY purchases ownership with grant support.
If the results of the conlract performance are subject to copyright law, the PERFORMING AGENCY cannot publish
those results without prior review and approval of RECEIVING AGENCY.
ARTICLE 10. Historically Underutilized Businesses
If PERFORMING AGENCY subcon~'ants a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subconlract with HUBs dUnng the performance of its conWact Attachment(s) with RECEIVING
AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY.
ARTICLE 11. Conflict of Interest
PERFORMING AGENCY does not have nor will it acquire any interest that would conflict in any manner with the
performance of its obligations under this contract. Potential conflicts of interest include an existing business or
personal relationship between PERFORMING AGENCY, its prmcipal, or any affiliate or subrecipient with
RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in any way
in any project that is the subject of this contract.
ARTICLE 12. Certification of Software, Hardware, Firmware and Mlcro Code Products
PERFORMING AGENCY cemfies that any supplied or supported software, hardware, firmware, and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contxact requi~ rments shall
(LGS) GENERAL PROVISIONS 6/2004 Page 7
operate "accurately" in the manner in which they were intended when given a "valid date" containing century, year,
month, and day.
For purposes of this Article, "supplied or supported software, hardware, firmware, and micro code products" does not
include solh~,are supported by RECEIVING AGENCY or an agency of the federal government.
PERFORMING AGENCY is responsible for installing and implementing any versions of any software provided by
RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract.
For purposes of this Article,
A) "accurately" is defined to include the following:
1 ) calculations shall be correctly performed using four-digit year processing;
2) functionality-on-line, batch including entry, inquiry, maintenance and updates shall support four-
digit year processing;
3) interfaces and reports shall support four-digit year processing;
4) processing with a four-digit year shall occur w~thout human intervention;
5) correct results in forward and backward date calculation sparming century boundaries shall bo
provided;
6) correct leap year calculations shall be performed; and,
7) processing correct results in forward and backward date calculation spanning century boundaries
shall occur;
B) "date integrity'' shall mean all manipulations of time-related dam (dates, durations, days of week, etc.) shall
produce desired results for all valid date values within the application domain;
C) "explicit century" shall mean date elements in interfaces and data storage pennit specifying century to
eliminate date ambiguity;
D) "extraordinary actions" shall be defined to mean any action outside the normal documented processing
steps identified [] the product's reference documentation;
E) "general integrity'' shall mean no value for current date will cause interruptions in desired operation;
F) "implicit century" shall mean for any dam element without century, the correct century is unambiguous for
all manipulations involving that document;
G) '~product" or "products" shall be defined to include, but is not limited to, any supplied or supported
hardware, software, firmware and/or micro code;
H) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year.
PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendor/licensor fi-om which it
obtains product(s), that product(s) delivered and installed under the contract/license shall accm'ately process valid date
da~a when used in accordance with the product documentation provided by the contractor/licensor and require no
extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under
the conmaclAicense shall possess general integrity, date integrity, explicit and implicit century capabilities. If the
cona'acfflicense requires that specific products shall perform as a system in accordance with the foregoing warranty,
then the warranty shall apply to those listed products as a system. The duration of this warranty and the remedies
available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and
subjact to, [}lc 1~::1 tits and conditions of the contractor's standard commercial warranty or warranties contained in the
(LGS) GENEKAL PROVISIONS 6/2004 Page 8
contract/license; pmmded, that notwithstanding any provision to the contrary in such commercial warranty or
warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or
replacement of any supplied product if its noncompliance is discovered and made known to the contractor/licensor in
writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit any righ ts
or remedies PERFORMING AGENCY or its subrecipient(s) may othervnse have under the contract/license.
RECEWING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY'S product/software fi.om RECEIVING AGENCY is inaccurate or corrupt.
ART1CLE 13. Standards for Financial and ProRrammatic Manaltement
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGMS and adhere to procedures detailed in RECEIVING AGENCY'S Financial
Admmislrative Procedttres Manual (documents available at http://www, tdh.state.tx.us/gran~form_doc.htm). Those
requirements shall include at a minimum:
A. Financial planning, including the development of budgets that adequately reflect all functions and
resources necessary to carry out authorized activities and the adequate determination of costs;
Financial management systems including accurate, correct, and complete accounting records, that identify
the source and application of funds provided under each Attachment~ and that support the information
contained in required financial reports; cost source documentation; effective internal and budgetary
controls; determination of reasonableness, allowableness, and allocability of cosls; and hmely and
appropriate audits and resolution of any findings; and,
Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges
based on a person's income and fmmly size, and a mechanism capable of billing and making reasonable
efforts to collect from pahents and third parties.
PERFORMING AGENCY shall bill all third party payers for sermces provided under the Attachment(s) before
submitting any request for reimburscment to RECEIVING AGENCY. A third party payer is any ~ or entity who
has the legal responsibility for paYing all or part of the services prov/ded, including commercial health or liability
insurance camers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions
shall be prowded by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its
subrecipient shall become a Medicaid provider if performing approved Texas Medicaid sermces authorized by the
Attachment(s).
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received
from RECEIVING AGENCY; compliance with RECEIVING AGENCY roles, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any conWact provisions or other
requirements contained or referenced in this contract shall not constitute a defense or bas~s for waiving or appealing
such provisions or requirements.
ARTICLE 14. Bondlnll
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding prmnded under the contract Attachment(s) up to $100,000 that covers each employee of
PERFORMING AGENCY handling funds under this contract, including perrson(s) authorizing payment of such
funds. The fidelity bond, insurance, or self-insurance shall provide for inderrmification of losses occasioned by: 1)
(LGS) GENERAL PROVISIONS 6/2004 Page 9
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 virt~e of his/her
position or employment.
ARTICLE 15. Funding Participation Requirement
PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in
securing other funding unless directed or approved by RECEIVING AGENCY.
ARTICLE 16. Allowable Costs and Audit Requirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles am
eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and adminisn'at~ve
requirements are as follows:
Applicable Cost Principles* Audit Requirements*
Administrative Requirements*
OMB Circular A-87, State.
Local and Tribal Governments
OMB Circular A-133 and UGMS UGMS
The OMB circulars cited above shall be applied with the modifications prescribed by UGMS.
PERFORMING AGENCY or the AUTHORIZED CONTRAcI'ING EN'IIIY shall arrange for a l'mancial and
compliance audit (Single Audit) if required by OMB Circular A- 133 and/or UGMS, Part IV, "State of Texas Single
Audit Circular." The audit shall be of PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING
ENTITY's fiscal year. The audit shall be conducted by an mdc-pendent certified public accountant and in accordance
with applicable OMB Circulars, Government Auditing Standards, and UGMS. PERFORMING AGENCY shall
procure audit services in compliance with state procurement procedures, as well as with the provisions of UGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will promde PERFORMING AGENCY with written audit requirements ifa limited scope
audit is required.
Within thirty (30) days of receipt of the audit reports required by this sect/on, PERFORMING AGENCY/
AUTHORIZED CONTKACT1NG EN'IHY shall submit a copy to Health and Human Services Conmdssion
(HEISC), OIG Single Audit at the folloWing address:
Health and Human Services Commission
Attention: Single Audit OIG
Mailcode H-954
1100 West 47th Stxeet
Austin, Texas 78756-3199
ARTICLE 17. Terms and Conditions of Payment
For mc. es satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed eontra~t and will not
exceed the total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service, work,
and/or product has been authorized and satisfactorily performed. If those conditions are met, RECEIVING AGENCY
will make payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 2251).
(LGS) GENERAL PROVISIONS 6/2004 Page 10
PERFORMING AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas Government
Code, Chapter 2251, Subchapter D.
PERFORMING AGENCY shall have incurred a cost vothin the applicable Atmchrnent tctm to be eligtble for
reimbursement under this conlzact and prior to claiming reimbursement. PERFORMING AGENCY shall submit
requests for reimbursement on a State of Texas Purchase Voucher (TDH Form B- 13 ) or any other form designated by
RECEI¥ING AGENCY monthly within thirty (30) days following the end of the month covered by the hill.
PERFORMING AGENCY shall submit a reimbursement request as a final close-out bill not later than ninety (90)
days following the end of the appbcable Attachment term(s) for goods received and serv/ces rendered during the
Attachment term. Reimbursement requests received in RECEIVING AGENCY' S offices more than ninety (90) days
following the end of the applicable Attachment term will not be paid. If necessary to meet this deadline,
PERFORMING AGENCY may submit reimbursement request by facsimile transmission. Consideration of requests
for an exception will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic
event, natural disaster, or criminal activity that substantially interferes with normal business operations, or muses
darnage or destruction of the place of business and/or records. A written statement deSCribing the extenuating
circumstance and the last request for reimbursement must be submitted for review and approval t~ the RECEIVING
AGENCY Program sponsoring the Attachment.
PERFORMING AGENCY shall disburse program income, rebates, refunds, conttact settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including advance payments from RECEIVING
AGENCY.
Funding fi-om this conlract may not be used to supplant [i.e., use th place of funds dedicated, appropriated or
expended for activities funded through the Attachment(s)] state or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY shall make a good faith effort to maintain its current level of support. PERFORMING
AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted
for reasons other than receipt or expected receipt of funding under the Attachment(s).
RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and
reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible
costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within thirty (30) days of written
notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the date(s) due.
RECEIVING AGENCY may take repayment from funds available under any Attachment, active or expired, in
amounts necessary to fulfill PERFORMING AGENCY repayment obligattons.
ARTICLE 18. Advance Payments
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY shall make the request on a State of Texas Purchase Voucher.
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'S
Financial Administt'ative Procedures Manual. The advance shall be requested at the beg'a'ming of the applicable
Attachment Period or at a later time in the applicable Attachment period if circumstances so warrant_ AplJmval of the
request for advance will be at the discretion of RECEIVING AGENCY. If the request is approved, the voucher will
be processed; if disapproved, RECEIVING AGENCY will pro,nde written nohfication to PERFORMING AGENCY.
(LGS) GENEKAL PROVISIONS 6/2004 Page 11
RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment
divided by the number of months covered by the Attachment multiplied by two (2). Advance funds shall be expended
dunng the applicable Attachment term; any unexpended funds must be refunded to RECEIVING AGENCY.
If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may
adjust the amount of allowable advance in accordance with the above formula. If PERFORMING AGENCY is
requesting an upward adjustment, PERFORMING AGENCY shall submit a written justification and State of Texas
Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward, RECEIVING
AGENCY will determine the amount of adjustrnent to the advance and the method of repayment.
ARTICLE 19. Pro£rnm Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a
schedule of fees for personal health serWces in accordance with the provisions of Health and Safety Code § 12.031;
the Texas Board of Health rules covering Fees for Clinical Health Semces, 25 TAC § 1.91; and other applicable laws.
No patient may be denied a service due to inability to pay.
All revenues dtreCtly generated by an Attachment(s) supported activity or earned only as a result of the Attachment(s)
during the term of the Attachment(s) are considered program income. Program income w/ll be used by
PERFORMING AGENCY to further the program objectives of the state/federal statute under which the
Attachment(s) was/were made, and it shall be spent on the same project in which it was generated. PERFORMING
AGENCY shall identify and report this income utilizing the forms and time fi-ames specified in the Reports Article of
these provisions or the Special Promsions of the Attachment.
PERFORMING AGENCY shall utilize one of the following methods for applYing prognun income:
Additive method - add the program income to the funds akeady commatted to the project by both
parties.
Deductive method - deduct the program income from the total allowable costs to determine the net
allowable costs.
PERFORMING AGENCY shall expend program income dunng the Attachment term in which it is earned, and may
not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be
refunded to RECEIVING AGENCY.
RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency in
identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the
applicable Attachment(s).
ARTICLE 20. Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) to pay the premium portion
of overtime. PERFORMING AGENCY shall be responsible for any obligations of prermum overtime pay due
employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the normal rate
of pay for hours worked in excess of normal worldng hours.
(LGS) GENERAL PROVISIONS 6/2004 Page 12
ARTICLE 21. Equioment and Sul~l~lies
In accordance with Health and Safety Code, § 12.053, title to all equipment and supplies purchased from funds from
tiffs contract shall be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or tmtil the
Attachment is terminated.
Equipment is defmed as tangible nonexpendable personal property with an acquisition cost of more than $5,000 and a
useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video
recorder/players, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances, and
incubators If the unit cost of these exception items is more than $500, they will be considered equipment, shall be
approved for purchase by RECEIVING AGENCY, and are considered capital assets for inventory purposes. The
acquisition cost is the net invoice unit price of an item of equipment, including the cost of any necessary
modifications, attachments, accessories or attxiliary apparatus necessary to make the property usable for the purpose
for which it was acqmred. Supplies are defined as consumable items necessary to carry out the Attachment including
medical supplies, drug~, janitorial supplies, office supplies, parent educational supplies, software, and any items of
tangible personal property other than those defined as equipment above.
All items of equipment purchased with Attachment funds shall be itermZed in the budget. Any changes to the
equipment list contamed in the budget shall be approved in writing by RECEIVING AGENCY. PERFORMING
AGENCY shall subn'nt a written description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, RECEIVING AGENCY will notify PERFORMING
AGENCY by means of a written amendment or Attachment Change Notice.
PERFORMING AGENCY shall main[am a nonexpendable personal property (equipment) inventory and submit an
annual cumulative report (TDH Form GC-11) to RECEIVING AGENCY no later than October 15th of each year.
PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this
contract so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indcnudfied,
reimbursed, or otherwise compensated for any loss of, destruction of. or damage to the assets prov/ded under this
contract, it shah use the proceeds to repair or replace said assets. If any item of equipment is no longer needed to
perform ser~ces under the Attachment(s) or becomes inoperable, PERFORMING AGENCY shall request disposition
inslructions in writing fi.om RECEIVING AGENCY.
Upon termination or expiration of applicable Attachment(s) that are not renewed, title to any remaining equipment
and supplies pumhased fi.om funds under this contract reverts to RECEIVING AGENCY. Tire maybe transf~ned to
any other party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent
allowed by law, transfer the reversionary interest to such property to PERFORMING AGENCY.
ARTICLE 22. Contracts with Subrecll~ients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwase prohibited in
specific ARachment(s). Prior to entenng into an agreement equaling $25,000 or twenty-five percent (25%) of an
Attachment, whichever is greater, PERFORMING AGENCY shall obtain written approval fi'om RECEIVING
AGENCY.
Contracts with subrecipients shall be in writing and include the following:
· Name and address of all parties;
· A detailed description of the sermces to be promded;
· Measurable method and rate of payment and total amount of the contract;
· Clearly defined and executable terminahon clause;
(LGS) GENERAL PROVISIONS 6/2004 Page 13
· Beginning and ending dates which coincide with the dams of the applicable contract Attachment(s) or cover a
term within the beg/truing and ending dates of the applicable contract Attachment(s);
· Records retention requirements consistent with UGMS;
· Access to inspect the work and the premises on which any of the work is performed, in accordance with the
Inspections Article contained in this contract;
· All clauses required by state/federal statutes, executive orders, and their irnplementmg regulations; and
· Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sources, Uniform Grant Management Standards issued by the Governor's Office, applicable Office of
Management and Budget Circulars, and applicable Code of Federal Regulations.
PERFORMING AGENCY agrees that all contracts with other subrecipients containing a categorical budget shall
include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this conlract, as
appropriate
PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient.
PERFORMING AGENCY shall monitor both financial and programmatic performance and maintain pertinent
records that shall be available for inspection by RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
· Subrecipients are fully aware of the requirements imposed upon them by smteJfederal statutes and regulations
including prompt payment of any subcontractors pursuant to Texas Government Code, Chapter 2251,
Subchapter D;
· Subrecipients comply w~th all financial management requixements as defmed by RECEIVING AGENCY,
UGMS and the applicable OMB circulars;
· Subrecipients complete required audits;
· An adequate Ixactdng system is maintained to ensure timely receipt of any subrecipient's required audit
reports and the resolution of any findings and questioned costs cited by these reports; and, that
· RFCEIVING AGENCY is immediately notified in w'nfing of alleged or actual misuse or misappropriation of
contract funds by subrecipients.
ARTICLE 23. Contracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement of goods and services unless restricted or
otherVase prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to
RECEIVING AGENCY for the performance of any subconU'a~ted activity.
ConWacts for procurement of goods and services shall be in writing and contain the following provisions:
· Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as may be approPriate (contracts other than small purchases).
· Remedies for prompt payment of any subcontractor pursuant to Texas Government Code, Chapter 2251,
Subchapter D.
· Te~,mnation for cause and for convenience by PERFORMING AGENCY including the manner by which it
will be effected and the basis for settlement (all contracts in excess of $10,000).
· Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (all contracts and subgrants for construct/on or repair).
· Compliance with §§103 and 107 of the Conlract Work Hours and Safety Standards Act (40 USC
§§ 327-330) as supplemented by Deparmaent of Labor regulations (29 CFR Part 5) (construction
(LGS) GENEIL&L PROVISIONS 6/20~4 Page 14
con,acts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers).
· Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting.
· Not/ce of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service marks,
copyrights, and patent r~ghts with respect to any discovery or invention which arises or is developed in the
course of or under such contract.
· RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data.
· Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United States,
the State of Texas or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the purpose of making audit.
examination, excerpts, and transcriptions.
· Retention of all required records for the required retention period after RECEIVING AGENCY makes final
payments and all other pending matters are closed.
· Compliance w/th all applicable standards, orders, or requirements issued under §306 of the Clean Air Act
(42 USC § 7401), § 508 of the Clean Water Act (33 USC § 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of
amounts in excess of $100,000).
· Mandatory standards and policies relating to efficiency which axe contained in the state energy plan issued in
compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC §§620l, et seq., as
amended.
ARTICLE 24. Reports
Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
For each Attachment, PERFORMING AGENCY shall subrmt a Financial Status Report, State of Texas Supplemental
Form 269A (TDH Form GC4a) within thirty (30) days following the end of each of the fwst three (3) quarters.
PEREORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269A (TDH
Form GC-4a), not later than ninety (90) days following the end of the Attachment term(s). PERFORMING
AGENCY shall submit a State of Texas Purchase Voucher (TDH Form B-13), or any other form designated by
RECEIVING AGENCY, w/th the final financial report if all costs have not been recovered, or PERFORMING
AGENCY shall refund excess monies if costs incurred were less than funds received.
PERFORMING AGENCY shall submit program and progress reports required by RECEIVING AGENCY in the
format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY and/or HI-ISC
other reports including fmancial reports determined necessary to accomplish the objectives of tkis contract and to
monitor compliance. If PERFORMING AGENCY is legally prohibited fi.om providing such reports, it shall
immediately notify RECEIVING AGENCY and/or HHSC.
ARTICLE 25. Inspections
RECEIVING AGENCY, Health and Human Services ComnUssion (HHSC), and, when federal funds axe involved,
any authorized representative(s) of the federal government have the fight, at all reasonable times, to inspect or
otherwise evaluate the work (including reviews of client or patient records and discussions with statT) performed by
PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is being performed.
PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access,
facilities, and assistance to the representatives. All inspections and evaluations will be conducted in such a manner as
will not unduly interfere with the work.
(LGS) GENERAL PROVISIONS 6/2004 Page 15
PERFORMING AGENCY and its submcipient(s), if any, shall give RECEIVING AGENCY, HHSC, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and lranscnpts of transactions related to this conlxact. RECEWING AGENCY will have the right to audit
billings both before and after payment. Payments will not foreclose the tight of RECErVING AGENCY to recover
excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY and/or HHSC upon examination of PERFORMING
AGENCY'S records will be conveyed in Wnhng to PERFORMING AGENCY. PERFORMING AGENCY'S
resolution of findings will be conveyed in writing within thu'ty (30) days of receipt of the report of the deficiencies.
PERFORMING AGENCY'S resolution of findings will be sent to the agency(les) referenced in the cover le~er of the
report. A RECEIVING AGENCY and/or HHSC determination of either an inadequate or mapProlmate resolution of
the findings may result in sanctions which vall remain in effect until RECEIVING AGENCY and HHSC determines
the deficiencies are properly remedied.
ARTICLE 26. Records Retention
PERFORMING AGENCY and its subrecipients and subeona'actors shall retain medical records in accordance with
22 Texas Adminisl~ative Code (TAC), Part 9, § 165.1 (b)(c) or other applicable statutes and regulations governing
medical information. PERFORMING AGENCY shall retain and preserve all other records, including financial
records, wbach are generated or collected by PERFORMING AGENCY or its subrecipients or subconlractors under
the provisions of this contract, for a period of four (4) years after the termmation of the Attachment(s). If an
Attachment is funded through Medicaid, the federal retention Period, if more than four (4) years shall apply.
PERFORMING AGENCY and its subrecipients shall retain all records for an Attachment that is the subject of
litigation or an audit until the litigation is ended or all questions pertaining to the audit are resolved.
Legal requirernents for PERFORMING AGENCY may extend beyond the retention schedules established herein.
ARTICLE 27. Confldenfi~ltv of Protected Health Information
PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and
confidentiality of patient and client records that contain protected health information, or other information made
confidential by law.
PERFORMING AGENCY is required to disclose protected health information of patients or clients promded
services funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other
contxact provisions.
RECEIVING AGENCY is authorized to request, collect and receive protected health information under this
contract, w/thout the consent of the individual to whom the protected health information relates, for funding,
payment and admimslration of the grant program.
RECEIVING AGENCY is also authorized to request, collect and receive protected health information under this
con~'act, without the consent of the individual to whom the protected health information relates, under excephons
to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and
Accountability Act (HIPAA) and the Privacy Standards adopted to implement HIPAA at 45 CFR Parts 160 and
164, at § 164.512, and Occupations Code, Chapter 159, at §§ 159.003 and 159.004.
PERFORMING AGENCY must maintain patient and client records in compliance with state laws relating to the
security and retention of medical or patient records. RECEIVING AGENCY may require PERFORMING
AGENCY to transfer original or copies of patient and client records to another entity, without the consent or
(LGS) GENERAL PROVISIONS 6/2004 Page 16
authorization of the patent or client, upon termination of this conlract, or if the care and trea~ent of the
individual patient or client is transferred to another entity.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S policies based on the model HIV/AIDS (human immunodeficiency v/ms/acquired immunodeficiency
syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HIV
and its related conditmns, including AIDS, in accordance with the Health and Safety Code § 85.112-114.
ARTICLE 28. Sanctions
RECEIVING AGENCY may impose sanctions for any breach of this conlract and will monitor PERFORMING
AGENCY for both programmatic and financial compliance. HHSC may impose or recommend imposition of
sanctions to RECEIVING AGENCY for any breach olrthis contract and will monitor PERFORMING AGENCY for
financial compliance. RECEWING AGENCY may, at its own discretion, impose one or mom sanctions for each
~tem of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, rule,
regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or
guideline can be read together with the provision(s) of this Article to give effect to both.
RECEIVING AGENCY may:
A. Terminate all or a part of this contxact. See the T~minat/on Article in these provisions.
Suspend all or part of this conlract. Suspension is, depending on the context, either (I) the trmporary
withdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to te-cminate or amend the contract,
or (2) an action taken by a suspending official in accordance with agency regulations tmPlementing
Executive Order 12549 to immediately exclude a person from participating in contract transactions for a
period, pending completion of an investigation and such legal or debarment proceedings as may ensue.
PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY dunng
a suspension are not allowable unless expressly authorized by the notice of sospension;
C. Disallow (deny both use of funds and matching credit for) ali or part of the activities or action not in
compliance;
Temporarily withhold cash payments. Temponmly withholding cash payments means the temporary
withholding of advances or reimbursernents to PERFORMING AGENCY or its submcipient(s) for
charges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or
indebtedness to the United States or to the State of Texas;
Permanently withhold cash payments. P~m~anent withholding of cash payment means that RECEIVING
AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable,
undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract
provisions; or c) indebtedness to the United States or to the State of Texas;
F. Deny contract renewal or future conlract awards to a PERFORMING AGENCY;
G. Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are
pending resolution;
(LGS) GENERAL PROVISIONS 6/2004 Page 17
Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be
placed on accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY;
Conduct accelerated monitonng of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitonng will be performed by RECEIVING AGENCY than would routinely
be accomplished;
J. Require PERFORMING AGENCY to obtain technical or managerial assistance;
K. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY;
M. Require additional, more detailed, financial and/or programmatic reports to be subrmtted by
PERFORMING AGENCY;
N. Demand repayment fi.om PERFORMING AGENCY;
Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend
funds appropriately and at a rate which will make full use of the award, or to provide serVaces as set out in
the Attachment(s); and,
P. Impose other remedies provided by law.
RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is anpOsed (with
the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the
reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time
allowed for completing the correct, ye actions, and the method, if any, of requesting reconsideration of the sanctions
tmposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written
response to RECEIVING AGENCY'S progra.m/division that sent the notice, acknowledging receipt of such notice
and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the
findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING
AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review
Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective action.
In an emergency, RECEIVING AGENCY may immediately terrmnate or suspend all or part of this contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contxact execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the
reason for the emergency achon.
An "emergency" is defined as the following:
· PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or
clienthealth or safety. The direct adverse impact maybe pmgrarm'natic or financial, impantmg health or s~fetyby
failing to provide services, providing inadequate serWces, providing unnecessary mc. es, or utilizing resources
so that the public or clients do not receive the benefits contemplated by the scope of work or performance
measures;
· PERFORMING AGENCY fails to achieve a performance measure;
(LGS) GENEKAL PROVISIONS 6/2004 Page 18
· PERFORMING AGENCY is reimbursed or requesting reimbursement for expenthtttres which are not in
accordance with applicable federal or slate laws and regulations or the provisior~ of this contract; or
· PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency will be determined by RECEIVING
AGENCY on a case-by-case basis and will be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 29. Sanction Review
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or
part of the conlxact, suspension of all or part of the contract, permanent withholding of cash payments, reduction of
contract funding or other contract amendment resulting from noncompliance, and denial ofconlract renewal or future
conll'act awards.
PERFORMING AGENCY shall make the request for review in writing to RECEIVING AGENCY within fifteen (15)
days Rom the date of notification by providing written not/ce of the dispute to the person who signed the notification.
PERFORMING AGENCY' S notice shall contain the following: (1) a copy of the letter fi.om RECEIVING AGENCY
notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the basis for the
dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an identification of the ~SaUe
or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of
PEREORMING AGENCY' S position; and (7) a statement and authorities in support of PERFORMING AGENCY' S
position.
Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following
documents: (1) signature on delivery card; (2) confirmation ofa facSmaile to the correct telephone number; or (3)
signed acknowledgment of delivery.
RECEIVING AGENCY' S representative w~ll schedule a rneetmg or a conference call to att:rapt to resolve the issues
in dispute. If the dispute is resolved, any resoluhon will be in writing and will be signed by all parties. If the thspute
is not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in writhag.
RECEIVING AGENCY will appoint a rewewer(s), who will review the reformation, who may pcxmit or require
additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The
reviewor(s)'s decision will be m writing and will contain a discussion of the reason for the decision and the remedial
action, if any. The reviewer(s) will send copies of the decision to all parties by any vehfiable means. The decis/on of
the reviewer(s) is fmal and is the final action of RECEIVING AGENCY for purposes of further proceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article unless
the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article to give
effect to both.
ARTICLE 30. Breach of Contract Claim
Any rerma:lies set out m this conlract are in addition to rights and remedies for breach of conlract provided by law.
ARTICLE 31. Termination
Each Attachment shall terrmnate upon its expiration date unless extended by *nStten amendment m accordance w/th
the Amendments Article. Prior to completion of the Attachment t=s iii all or a part of this contract may be mated
with or without cause as set out below.
(LGS) GENEKAL PROVISIONS 6/2004 Page 19
TerrrUnatlon is the permanent withdrawal of PERFORMING AGENCY'S authority to obligate premously
awarded funds before that authority would otherwise expire or the voluntary relinquishment by
PERFORMING AGENCY of the authority to obligate prev/ously awarded funds. PERFORMING
AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after tcxmination of an
award are not allowable unless expressly authorized by the notice of termination. Termination does not
include: (1) w/thdrawal of funds awarded on the basis of the PERFORMING AGENCY'S underestUmate
of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expiration
of an At~chment; (3) refusal to extend an Attachment or award additional funds, to make a competing or
noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon
determination that the award was obtained fi'audulently, or was otherwise illegal or invalid from inception.
B. Termination without cause.
(1) Either party may terminate this contract with at least ninety (90) days prior written
notice to the other party.
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least thirty (30) days prior written notice to the other
party in the event state and/or federal funding for tins contract is tcmdnated, limited, suspended,
withdrawn, or discontinued.
(4) RECEIVING AGENCY may terminate this contract when, m the sole determmal/on of RECEIVING
AGENCY, termination is in the best interest of the State of Texas.
C. Termination for cause.
(l) Either party may terminate for material breach of this contract w/th at least thirty (30) days written
notice to the other party.
(2) RECEIVING AGENCY may terminate this conlract, in whole or in part, for breach of contract or for
any other conduct that jeopardizes the contract objectives, by giv/ng at least thirty (30) days written
notice to PERFORMING AGENCY. Such conduct may include one or mom of the following:
(a)
Co)
(c)
(d)
(e)
(0
(g)
A court of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere
to any laws, ordinances, roles, regulations or orders of any public authority having
jurisdiction;
PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the performance of this contract;
PERFORMING AGENCY breaches a standard of confidentiality w/th respect to the
services provided under this conlract;
RECEIVING AGENCY detern'hnes that PERFORMING AGENCY is without the
personnel or resources to peffux,, under this contx~ct;
RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
U'eatment;
PERFORMING AGENCY'S management system does not meet the UGMS management
standards; or
PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
(i)
(ii)
PERFORMING AGENCY fails to make payments;
PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(LGS) GENERAL PROVISIONS 6/2004 Page 20
(iii)
(iv)
PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
If judgment for the payment of money in excess of $50,000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge
the judgment or Co) provide for its discharge in accordance with its terms, or (c)
procure a stay of execution within thirty (30) days from the date of entry thereof,
and within the thirty (30)<lay period or a longer period during wkich execution of
the judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal wlfile providing such reserves therefore as
may be required under generally accepted accounting pnnciples,
Emergency terminahon. In emergency circumstances, RECEIVING AGENCY may terminate this con~ract
immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined
in the Sanctions Article.
Either party may deliver w'ntten notice of intent to terminate by any verifiable method. Il-either party gives notice of
its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will
attempt to resolve any issues related to the anticipated termination in good faith dUnng the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY w/Il be discharged
from any further obligation created under the applicable terms of this contract except for the equitable settlement of
the respechve accrued interests or obligations incurred Prior to termination. Termmahon does not, however,
constitute a waiver of any remedies for breach of this contract. In addition, the obligations of PERFORMING
AGENCY to retain records and maintain confidentiality of information shall survave this contract
ARTICLE 32. Void Contract
RECEIVING AGENCY may hold this contract void upon its determination that the conlract award was obtained
fraudulently or was otherwise illegal or invalid fi.om its inception.
ARTICLE 33. Severabllltv
If any promsion of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 34. Local Health De, torment Personnel
All local health depar0'nent 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 the/r acts or omissions.
PERFORMING AGENCY shall have in place legally sufficient due process hea-nng procedures for all of its
employees filling state-budgeted positions.
PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demohon, suspension, or discharge of such state-budgeted employees shall be in accordance with
the due process heanng procedures as set out above. The only distinction between state-budgeted and local prod
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 the
(LGS) GENERAL PROVISIONS 6/2004 Page
payment to such employee of a so-called "fiat rate" car allowance or travel allowance. Any Iravel or per diem
allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not
exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state ~avel
regulations. This restriction shall apply whether tcavel funds are provided in Attachment(s) under this conWact or
from any other source
PERFORMING AGENCY shall utilize RECEIVING AGENCY' S policies and procedures for hiring and promoting
individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that indiv/duals occupy/ng these positions meet minimum educational and experience
reqmrements.
PERFORMING AGENCY shall maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and lzavel costs on state-budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensat/on or travel reimbursement for employees on state-budgeted positions.
An independent audit is not required as a condition of this conWact if the contract Attachment provides assistance
through assignment of state-budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill
the scope of work of applicable Attachment(s) in lieu of being fumished state payroll warrants after a slate- budgeted
position becomes vacant. Reimbursement roll 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. RECEWING AGENCY will Ir~ansmit
formal approval and a rewsed budget to PERFORMING AGENCY to complete the conversion if the request is
granted.
ARTICLE 35. Survival of Terms
Termination or expiration of this contract for any reason shall not release either party from any liabilihes or
obligations set forth in this conlract that (a) the parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or by theh- nature would be intended to be applicable following any such
mrmmation or expiration.
ARTICLE 36. Construction of Ambiguities
The parUes expressly agree that they have each independently read and understood this contract. Any ambiguities in
this contract shall not be construed against the drafters.
ARTICLE 37. No Waiver of Sovereit~n Immunity
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF Trna COlWrRACT IS IN ANY WAY
INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUINITIES FROM SUIT OR FROM LIABILITY
THAT 'rltE PAR'lIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.
ARTICLE 38. Certification
The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the
performance of governmental functions and services from cmm,t revenues available to RECEIVING AGENCY. The
payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed
under this contract.
(LGS) GENERAL PROVISIONS 6/2004 Page 22