HomeMy WebLinkAboutC2005-714 - 12/13/2005 - Approved
f)
CONTRACT FOR PUBLIC HEALTH SERVICES
Contract Issued by:
(RECEIVING AGENCY)
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
DSHS DOCUMENT NO. 74600057412007
PF
Legal Authority to Contract:
Chapter" 12 and 121. Health and Safety Code.
Venue: ["he provIsions I)f thIS Contract shall r'e Interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County,
fcxas.
PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
MAILING ADDRESS: P.O. BOX 9727 CORPUS CHRISTI TX 78469-0000
STREET ADDRESS: 1702 HORNE ROAD CORPUS CHRISTI TX 78469-0000
NAME OF AUTHORIZED
CONTRACTING ENTITY: CORPLS CHRISTI (CITY OFI
ilf differer! from PERFORMIN(; .\GENCY',
PA YEE DATA (!fnot the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State
Comptrl)llcr's Office
NAME: (Try OF CORPUS CHRISTI
ADDRESS: PO BOX 9277 CORPCS CHRISTI TX 78469-9277
(Otv. State ZIp)
State of Texas Vendor Identification No. (14 digits)
1746000:,\741027
PA YEE AGENCY Fiscal
Year Ending Month: July
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
Small BUSiness - A corporation. sole proprietorshIp. or other legal entity formed for the purpose of making a profit which is
independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
Historically Cnderutilized Bmmess (HCB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a
profit In which at least 51 (;,. of all classes of the shares of stock or other equitable securities are owned by one or more persons who have
heen hislOlically underutillzed ,socially dIsadvantaged) because of their identification as members of certain groups: Black American,
Hispanic /'-,merican. Asian Pacific Amencan. Native American. and Women. The HUB must be certified by Texas Building and
Procurement CommiSSIon or another entity
For ProfIt Organization
I SCMMARY OF CONTRACT DOCUMENTATION.
I COVER PAGE] - Recel\lng and Performlng'\gency Data
COVER PAGE 2 - Details of Attachment(s)
COVER PAGE 3 Authorized Signatures
GENERAL PROVISIONS - 6/2004
A TT ACHMENT(S)
EXHIBITS. IF APPLICABLE
DSH~
2005-714
12/13/05
Res026S53
Cover Page 1
DETAILS OF ATTACHMENTS
'Iou/ ! DSHS Program ID/ Term Financial Assistance Direct Total Amount
i\md DSHS Purchase Assistance (DSHS Share)
'Jo. Order Number Begin End Source of Amount
i Funds*
- - ---
01 ! TBIPC 01/0 1/06 1::'/31/06 93.116 I 108,430.00 0.00 108,430.00
iOOO0313002 I '--'-'- -
DSHS Document No 7460005741 2007 Totals $108,430.00 $ 0.00 $108,430.00
* rederal tunds are indIcated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
B I fDGFr SECTION OF ANY ZERO AMOUNT A TT ACHMENT FOR DETAILS.
Cover Page 2
EXECl iTED 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 NAME:
RECEIVING AGENCY NAME:
CORPUS CHRISTI-NUECES COUNTY PUBLIC DEPARTMENT OF STATE HEALTH
HEALTH DISTRICT (CITY) SERVICES
By:
L ,._
/J
Slgpaiure of [Jason authorized to ~Ign contracts)
._'f 0 I 0-c. l~r'~...~ I C '~'I i l)itJJ~r
,Name and Title) ;
Date:
,~J~ul U)
I
RECOMMENDED:
", ---40~:Ab")fd'f/,~H
!rom person authorized to sign contract)
/~ Cu ..~
..~-
~. _ ,t....., ,#..
-,. ~ ~'"
Cover Page 3
By:
~~~
(Signatur; of person authorized to sign contracts)
Bob Burnette. Director
Client Services Contracting Unit
(Name and Title)
Date:
Lful CXf
DSHS Document No: 7460005741 2007
"
j c' C 3iJ I \1l!i\Il-"
\ \.es...D2-v..~0" ~
~'( CQUMCIl._......u4
.,._.....N frL
5ECmARV
.-
DOCUMENT NO. 7460005741-2007
ATTACHMENT NO. 01
PURCHASE ORDER NO. 0000313002
PERFORMING AGENCY. CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: INFECTIOUS DISEASE INTERVENTION AND
CONTROL BRANCH
TERM: January 01, 2006 THRU: December 31,2006
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall develop and provide: (1) basic services for tuberculosis (TB)
preventlOn and control, and (2) expanded outreach services to individuals of identified
populations who have TB or who are at high risk of developing TB throughout PERFORMING
<\GENCY'S defined service area.
PERFORMING AGENC'( shall comply with all applicable federal and state laws, rules,
regulations. standards, and guidelines in effect on the beginning date of this contract Attachment
unless amended. All documents referenced herein are incorporated by reference and made a part
\)f this contract Attachment. PERFORMING AGENCY shall perform the following activities:
ProVide basic services and expanded outreach services in compliance with RECEIVING
<\GENCY'S Program's most current version of the Standards of Performance and the following
"eries of American Thoracic Society (A TS) and Centers for Disease Control and Prevention
! CDC) "Jomt Statements" on diagnosis, treatment and control of TB.
Diagnostic Standards and Classification of Tuberculosis in Adults and Children,
(American Review Respiratory Disease, Vol. 161, pp. 1376-1395,2000);
Treatment of Tuberculosis, (A TS/CDC/IDSA), 2003. Publication can be located at web
site www.cdc.gov/nchstp/bt/pubs/mmwrhtuml/maiguide.htm
:=I Targeted Tuberculin Testing and Treatment of Latent TB Infection, MMWR, Vol. 49,
No. RR-6, 2000:
4 Updated: Adverse Event Data and Revised American Thoracic Society/CDC
Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of
Latent Tuberculosis Infection - United States, 2003, MMWR 52 (No. 31); and
) Control for Tuberculosis (American Review Respiratory Disease, Vol. 146, pp. 1623-33,
1992).
'1
PERFORMING AGENCy shall comply with the following:
A TT ACHMENT - Page 1
:)
Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B;
Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81;
Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities,
Health and Safety Code. Chapter 89;
Control of Communicable Diseases, Texas Administrative Code, Title 25, Part 1, Chapter
97 Subchapter A;
Tuberculosis Screening for Jails and Other Correctional Facilities, Texas Administrative
Code, Title 25, Part 1, Chapter 97, Subchapter H; and
RECEIVING AGENCY'S Standards for Public Health Clinic Services, Revised January
L~004.
..,
~
--1.
6
PERFORMING AGENCY shall perform all actIvIties in accordance with PERFORMING
<\GENCYS objectives, work plans, and detailed budget as approved by RECEIVING
.\GENCYS Program. All of the above named documents are incorporated herein by reference
,md made a part of this contract Attachment. RECEIVING AGENCY'S Program must approve,
1 n writing. any revisions to these documents.
Within thll1y (30) days ot receipt of an amended standard(s) or guideline(s), PERFORMING
<\GENCY shall mform RECEIVING AGENCY'S Program, in writing, if it will not continue
performance under this contract Attachment in compliance with the amended standard(s) or
guideline(s). RECEIVING AGENCY may terminate the contract Attachment immediately or
within a reasonable period-of-time as determined by RECEIVING AGENCY.
RECEIVI NG AGENCY reserves the right, where allowed by legal authority, to redirect funds in
the event of financial shortfalls. RECEIVING AGENCY'S Program will monitor
PERFORMING AGENCY'S expenditures on a quarterly basis. If expenditures are below that
projected m PERFORMING AGENCY'S total contract amount, as shown in SECTION III.
BUDGET. PERFORMING AGENCY'S budget may be subject to a decrease for the remainder
ijf the Attachment term. Vacant positions existing after ninety (90) days may result in a decrease
:n funds.
PERFORMING AGENCY'S approved service delivery plan shall meet or exceed RECEIVING
AGENCY'S Program's Standard of Performance.
PERFORMING AGENCY shall provide a narrative report on their performance goals,
objectives. and screening activities semi-annually in a format provided by RECEIVING
<\GENCY S Program. The narrative reports shall be sent electronically or mailed to the
Department of State Health Services. Attention: Infectious Disease Control Unit, Mail Code
J 939. 1100 West 49lh Street, Austin, Texas 787576-3199. Report periods and due dates are as
lollows
A TT ACHMENT - Page 2
1~1Y-= De~ember ==--=1 March 1, 2007
RECEIVING AGENCY'S Program shall provide administrative and technical assistance for the
implementation and operatIon of the service delivery plan.
PERFORMANCE MEASURES:
The following outcome performance measures wi II be used to assess, in part, PERFORMING
-\GENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
90% of cases and suspects under treatment are on directly observed therapy (DOT);
'"l 92(j( of eligible TB cases complete a course of curative TB treatment within twelve (12)
months of initiation of treatment:
-; 92(,~f: of TB patients with initial positive cultures tested for and have drug susceptibility
results documented in their medical record;
4 91 (;~ of smear positlve TB cases reported in 2006 have at least one (1) contact identified;
) 72% of identified contacts to smear positive TB cases reported in 2006 shall be evaluated
for TB infection or disease:
6 63(;(, of infected contacts (to smear positive cases reported in 2006) who are started on
treatment for latent TB infection (LTBI) shall complete therapy;
! 52% of immigrants and refugees designated as Class A, B 1 or B2 are appropriately
evaluated:
8 63(',( of immlgranb and refugees designated as Class A, B1 or B2 that are started on
treatment for L TBL complete treatment;
9 The rate for U.S. born African Americans will not exceed fourteen and five tenths (14.5)
TB cases per 100,000 population in PERFORMING AGENCY'S defined service area;
anLl
10. 82(fr of adults (age >14) with TB disease are tested for HIV.
PERFORMING AGENCY shall collect and maintain documentation of clinical and
epidemiological information related to TB cases, suspects, contacts, and persons with latent TB
infection that is used by RECEIVING AGENCY to calculate outcome performance measures.
PERFORMING AGENCY shall submit RECEIVING AGENCY Program's reporting forms for
T'B cases, suspects, contacts, and persons with LTBI on the timelines stated in SECTION II.
SPECIAL PROVISIONS below and in RECEIVING AGENCY Program's most current version
uf the Standards of Performance. PERFORMING AGENCY shall provide additional
Il1formation about TB cases, suspects, contacts, and persons with LTBI upon request of
RECEIVING AGENCY through limned scope audits or inspections and scheduled program
reviews of PERFORMING AGENCY.
RECEIVING AGENCY'S Program shall calculate performance measures based on the
I nformation maintained in databases kept at RECEIVING AGENCY'S Program, through limited
scope audits. or inspections and scheduled program reviews of PERFORMING AGENCY.
ATT ACHMENT - Page 3
PERFORMING AGENCy shall provide services to clients who live or receive services in the
tollowing county(ies)/area: Nueces.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Reports Article. is revised to include the following:
PERFORMING AGENCY shall develop and submit a service delivery plan and detailed
budget justification for continuation of this contract Attachment during the next fiscal year.
The plan and budget shall be prepared in the format approved by RECEIVING AGENCY'S
Program; an original and one (1) copy shall be submitted to RECEIVING AGENCY'S
Program, upon request. The plan shall describe PERFORMING AGENCY'S service
delivery and activities toward meeting the objectives outlined in SECTION I. SCOPE OF
WORK above. Including updated outcome performance measure targets and detailed line
item budget justifications.
PERFORMING AGENCY shall mail all initial reports of confirmed TB cases, and suspected
TB cases to RECEIVING AGENCY'S Program within fifteen (15) working days of
identifIcation or notification. Any updates to initial RECEIVING AGENCY'S Report of
Cases Lmd Patient Senlces Form (TB400) (e.g., diagnosis, medication changes, x-rays, and
bacteriology) and case dosures shall be mailed to RECEIVING AGENCY'S Program.
PERFORMING AGENCY shall mail reports of contacts on all Class 3 TB cases and smear
pOSItive Class 5 TB suspects within thirty (30) days of identification using RECEIVING
AGENCY'S RepoJ1 of Contacts Form (TB340). All subsequent reports of contacts shall be
mailed as contacts are identified. Refer to the latest edition of Standards of Performance for
information on reporting intervals.
One (] ) copy of each quarterly Financial Status Report, State of Texas Supplemental Form
269A, shall also be submitted to RECEIVING AGENCY'S Program. Copies shall be mailed
to the Department of State Health Services, Attention: Infectious Disease Intervention and
Control Branch, Mail Code 1939, ] 100 West 49th Street, Austin, Texas 78756. Report
periods and due dates are as follows:
DUE DATE
A ril 30, 2006
July 31,2006
October 31, 2006
January 31,2007
General Provisions. Terms and Conditions of Payment Article, IS revised to include the
followl ng:
A TT ACHMENT - Page 4
Funding from this Attachment shall not be used to supplant (i.e., used in place of funds
dedlcated, appropnated or expended for activities funded through this contract Attachment)
state or local funds. but PERFORMING AGENCY shall use such funds to increase state or
local funds currently available for a particular activity. PERFORMING AGENCY shall
maIntain local funding at a sufficient level to support the local program. If the total cost of
the project is greater than RECEIVING AGENCY Program's share set out in SECTION III.
BUDGET, PERFORMING AGENCY shall obtain funds for the remaining costs in order to
accomplish the objecti\es set forth in this contract Attachment.
A TT ACHMENT - Page 5
SECTION rn. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTU AI.
OTHER
$82,581.00
25,849.00
0.00
0.00
0.00
0.00
0.00
TOTAL
$108,430.00
Total reimbursements wi \I not exceed $108,430.00.
FInancial status reports arc due the 30th of April, 30th of July, 30th of October, and the 30th of
\1arch.
ATTACHMENT - Page 6
CERTIFICA TION REGARDING LOBBYING
CERTIFICA TION FOR CONTRACTS. GRANTS.
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies. to the best of his or her knowledge and belief that:
11) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in cO,nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If an)' funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-HI, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction impos~d by Section 1352, Title 31, U.S. Code.
;\ny person who fails to file the required certification shall be subject to a civil penalty of not
less than ~~o,ooo and not more than $100,000 for each such failure.
/ \ I _
/ (I Vl/"--
Signature "-'
(;e1)j ~-L lC {Ul}-€
Print Name of Adthorized Individual
I L',--'" /. s
(
ate
460005741 2007-01
Application or Contract Number
:ORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
~ )2 HORNE ROAD
:ORPUS CHRISTI. TX 78469 0000
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS
TABLE OF CONTENTS
ARTICLE 1 - PREAMBLE
2 - TERM
3 - FUNDING
4 - AMENDMENTS
5 - APPLICABLE LAWS AND STANDARDS
6 - DEBARMENT AND SUSPENSIONS
7 - ASSURANCES
8 - CHILD ABUSE REPORTING REQUIREMENTS
9 - INTELLECTUAL PROPERTY
10 - HISTORICALLY UNDERUTlLIZED BUSINESSES
11 - CONFUCf OF INTEREST
12 - CERTJftCATION OF.SOFfW ARE, HARDWARE, FIRMWARE, AND
MICROCODE PRODUcrS
13 - STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT
14 - BONDING
15 - FUNDING PARTICIPATION REQUIREMENT
16 - ALLOWABLE COSTS AND AUDIT REQUIREMENTS
17 - TERMS AND CONDmONS OF PAYMENT
18 - ADVANCEPAYMENTS
19 - PROGIlAMINCOME
20 - OVERTIME COMPENSATION
21 - EQUIPMENT AND SUPPLIES
22 - CONTRACTS WITH SUBRECIPIENTS
23 - CONTRACTS FOR PROCURMENT
24 - REPORTS
25 - INSPECTIONS
26 - RECOmSRETENTION
27 - CONFIDENTIALITY OF PROTECTEDHEALm.INFORMATION
28 - SANCTIONS
29 - SANCTION REVIEW
30 - BREACBOF CONTRACT CLAIM
31 - TERM1N'ATlON
32 - VOlD CONTRACT
33 - SEVE~n.1TY
34 - LOCALBEALTB DEPARTMENT PERSONNEL
35 - SURVIVAL OF TERMS
36 - CONsmUCTION OF AMBIGUITIES
37 - NO W AlVEROF SOVEREIGN IMMUNITY
38 - CERTmCATlON
Paper Publications Number: 29-11834, Revised June 2004
(LGS)
GENERAL PROVISIONS 6/2004
Any attention to this document constitutes a counter-offer and must be approved in writing by the Department of State Health
Services.
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS
ARTICLE 1. Preamble
PERFORMING AGENCY and RECENlNG AGENCY (the parties) agree to make and enter into this grant contract
(contract), to faithfully perform the duties 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
. Attachrnent(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 contract 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 contract for PERFORMING
AGENCY and to validly and legally bind PERFORMING AGENCY to all ofits terms, performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions are
revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to comply with
the modified General Provisions, PERFORMING AGENCY may exercise its termination options in accordance with
the General Provisions. Tenninatlon Article.
ARTICLE 2. Term
The tenn (time period) of this contract shall be governed by the tenn(s) of the Attachment(s). No commitment of
contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be renewed,
extended or shortened by amendment(s).
(LGS)
GENERAL PROVISIONS 6/2004
Page I
ARTICLE 3. FondinS!
This contract 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
T errnination 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
contract attachment with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must
submit request in format 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 contract file.
RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment
executed in compliance with this Article. PERFORMING 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 expiration of the Attachment term. PERFORMING AGENCY
shall provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment
is requested during 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. Aoolicable 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
sources, 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 Grant Management
Standards (UGMS) as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and
Planning Office. UGMA is located on the Internet at http://www.capitol.state.tx.us/statutes/statutes.htrn1; 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 exten~ion, 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 offederal funds, PERFORMING AGENCY
shall file with RECEIVING AGENCY a declaration containing the name of any registrant 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 RECEIVING 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 sub grant or subcontract to file the same declaration, certification and disclosure with RECEIVING
AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of
application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY
rIGS)
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 declaration, certification or disclosure previously filed. RECEIVING AGENCY will supply the certification form
to PERFORMING AGENCY upon request.
ARTICLE 6. Debarment and Susoension
PERFORMING AGENCY certifies by execution of this contract to the following:
. It is not ineligible for participation in federal or state assistance programs under Executive Order 12549,
Debarment and Suspension, Feb. 18, 1986,51 Fed. Reg. 6370;
· Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency;
· It has not knowingly failed to pay a single substantial 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 items 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 services 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 from 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 ~~2000d et seq., as amended (p.L. 88-352), which prohibits
discrimination on the basis of race, color or national origin, and includes the provision for effective
communication and equal access to programs, services and activities to persons with Limited English
Proficiency (LEP);
. Title IX of the Education Amendments of 1972,20 USC ~~ 1681-1683, and 1685-1686, as amended, which
prohibits discrimination on the basis of sex;
. Section 504 of the Rehabilitation Act of 1973,29 USC F94(a), which prohibits discrimination on the basis of
disabilities and the Amencans with Disabilities Act of 1990, 42 USC ~ ~ 121 0 1 et seq., including the provision
for effective communication and equal access to programs, services and activities to persons with sensory and
speech impairments;
. The Age Discrimination Act of1975, 42 USC ~~61 0 1-6107, as amended, which prohibits discrimination on
the basis of age;
· The Drug Abuse Office and Treatment Act of 1972, 21 USC ~~1101 et seq., as amended, relating to
nondiscrimination on the basis of drug abuse;
· The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
42 use ~290dd (b)(1), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
(res)
GENERAL PROVISIONS 6/2004
Page 3
. Public Health Service Act of 1912, ~~523 and 527, 42 USC ~290dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
. Title vm of the Civil Rights Act of 1968, 42 USC ~~360 1 et seq., as amended, relating to nondiscrimination
in the sale, rental or fmancing of housing;
. The requirements of any other nondiscrimination statute(s); and
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, religion, age, sex or disability. PERFORMING AGENCY shall cany out the
terms of this contract in a manner which will assist RECEIVING AGENCY in complying with such obligations to the
fullest extent ofPERFORMlNG 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.
B. Immigration Reform and Control Act of 1986, 8 USC ~ 1324a, as amended, regarding employment
verification and retention of verification forms for any individuate s) hired on or after November 6, 1986,
who will perform any labor or services under this contract.
C. Pro-Children Act of 1994, 20 USC ~96081-6084, regarding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D. The National Research Service Award Actof1971, 42 USC ~~289a-l 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.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC ~263a, as amended, which establish
federal requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR
~ 191 0.1 030, which set safety standards for those workers and facilities in 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.
G. Laboratory Animal Welfare Act of 1966, 7 USC SS2131 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 activities
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.
I. Health and Safety Code, Chapter 165, relating to the rights of mothers to breast-feed and the promotion of
breast-feeding. RECEIVING AGENCY will support PERFORMING AGENCY in complying by
providing promotional material and information that encourages breast-feeding to program participants
who are pregnant women or mothers with infants. Promotional material may be requested from
RECEIVING AGENCY by calling (512) 458-7796.
(IGS)
GENERAL PROVISIONS 6/2004
Page 4
J. Environmental standards pursuant to the following:
(1) Institution of environmental quality control 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 Administration of the Clean Air Act and the Federal Water Po]]ution Control Act with 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 991451 et seq., as amended.
(6) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of
1955, as amended, 42 USC 997401 et seq.
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42
USC 9~300f-300j, as amended.
(8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC 991531 et
seq., as amended.
K. The Hatch Political Activity Act, 5 USC 997321-26, which limits the political activity of employees whose
principal employment activities are funded in whole or in part with federal funds.
L. The Fair Labor Standards Act, 29USC 99201 et seq., and the Intergovernmental Personnel Act of 1970,42
USC 99470 I et seq., as applicable, concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 78th Legislature, 2003, Article 99-6.13, page IX-35,
"Limitation on Grants to Units of Local Government." For the purpose of 99-6.13, "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 workforce development
board; or an MHMR community center.
N. Texas Government Code, Chapter 573, relating to nepotism.
O. Texas Government Code, Chapter 552, relating to open records and public information.
P. Texas Government Code, Chapter 551, relating to open meetings.
Q. Texas Occupations Code, Chapter 170 I, as amended, and all rules adopted by the Texas Commission on
Law Enforcement Officer Standards and Education pursuant to Chapter 1701, as 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 Environmental Protection 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 EP A 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 994001-4003, as amended. Section 1 02( a) requires the purchase of flood
insurance in communities where the insurance is available as a condition for the receipt of any federal financial
(IGS)
GENERAL 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
lJ $, Department of Housing and Urban Development as an area having special flood hazards.
If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this
contract, either directly or through contracts with subrecipients, the treatment of a minor shall be provided only if
consent to treatment is obtained pursuant to Chapter 32 of the Texas Family 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 with 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 in the Health and Safety Code, Chapter 161, Subchapter
A This requirement shall also apply to subrecipients or subcontractors of PERFORMING AGENCY, ifany.
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 (T AC), Part 2,
which cover compensation for employees' injuries.
When incorporated into an Attachment, 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 with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 8. Child Abuse ReDortin2 Requirements
[PERFORMING AGENCY is required to comply with this article only as related to services 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 CARE Act Title II or
general revenue), Title V Family Planning (ACFHIFEE-FP, Title X Family Planning (BWH/TlTLE X), Title XX
Family Planning (BWH/1TLXX). Primary Health Care (ACFHIPHC), Title V Maternal and Child Health
fACFHIFEE), Special Supplemental Nutrition Programfor Women, Infants, and Children (BNSIWIC-CARD,
and the Services Delivery Integration project (SDIIFFS).] PERFORMING AGENCY and each of its
subrecipients shall make a good faith effort to comply with 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, implement and enforce a written policy
that includes at a minimum the TDH Child Abuse Screening, Documenting, and Reporting Policy for
ContractorslProviders and train all staff on 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 ofthe above-referenced programs' websites.)
ARTICLE 9. IDteUectual Property
Texas Health and Safety Code 912.020, 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 trademark/service
mark law.
"Work made for hire" is a copyrightable work prepared for RECEIVING AGENCY use, or a work specially ordered
or commissioned through a contract for RECEIVING AGENCY use. RECEIVING AGENCY owns 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
onginal material, the federal or state awarding agency reserves a royalty-free, nonexclusive, and irrevocable 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 rights of
copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support.
PERFORMING AGENCY shall place an acknowledgment of federal or state awarding agency grant support and a
disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any
publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect
that "This publication was made possible by grant number _ from (federal or state awardin~ agency)" or 'The
project described was supported by grant number from (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 state
awarding agency)."
In the event the terms of a federal or state grant award the copyright to PERFORMING AGENCY, RECENING
AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any
process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets;
and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2)
any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a PERFORMING
AGENCY purchases ownership with grant support.
If the results of the contract performance are subject to copyright law, the PERFORMING AGENCY cannot publish
those results without prior review and approval of RECEIVING AGENCY.
ARTICLE 10. Historicallv Underutllized Businesses
If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBs during the performance of its contract Attachment(s) with RECENING
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 principal, 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 Micro Code Products
PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall
( IGS)
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
mclude software 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:
I) 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 without human intervention;
5) correct results in forward and backward date calculation spanning century boundaries shall be
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 data (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 permit specifying century to
eliminate date ambiguity;
D) "extraordinary actions" shall be defined to mean any action outside the nonnal documented processing
steps identified in 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 data 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 vendorllicensor from which it
obtains product( s), that product( s) delivered and installed under the contract/license shall accurately process valid date
data when used in accordance with the product documentation provided by the contractorllicensor and require no
extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under
the contract/license shall possess general integrity, date integrity, explicit and implicit century capabilities. If the
contract/license 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
subject to, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the
( l.GS)
GENERAL PROVISIONS 6/2004
Page 8
contractJ1icense; provided, 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 rights .
or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contract/license.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY'S product/software from RECENING AGENCY is inaccurate or corrupt.
o\RTICLE 13. Standards for Financial and Prol!rammatic Manal!ement
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements ofUGMS and adhere to procedures detailed in RECENING AGENCY'S Financial
Administrative Procedures Manual (documents available at http://www.tdh.state.tx.us/grantslfonD_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;
B. 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 costs; and timely and
appropriate audits and resolution of any findings; and,
C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts to collect from patients and third parties.
PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before
submitting any request for reimbursement to RECEIVING AGENCY. A third party payer is any person or entity who
has the legal responsibility for paying all or part of the services provided, including commercial health or liability
Insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions
shall be provided by PERFORMING AGENCY at. no cost to the client. PERFORMING AGENCY or its
subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services 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 RECENING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECENING AGENCY'S monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements,
ARTICLE 14. Bondinl!
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to SlOO,OOO that covers each employee of
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds. The fidelity bond, insurance, or self-insurance shall provide for indemnification oflosses occasioned by: 1)
rIGS)
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 hislher duties or to account properly for all monies and property received by virtue of hislher
position or employment.
ARTICLE IS. Fundinl! Participation Reouirement
PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in
securing other funding unless directed or approved by RECENING AGENCY.
ARTICLE 16. ABowable Costs and Audit Requirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are
eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative
requirements are as follows:
Applicable Cost Prindples*
OMB Circular A-87, State,
Local and Tribal Governments
Audit Requirements*
Administrative Requirements*
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 AUlHORIZED CONlRACTING ENTITY shall arrange for a financial 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
ENfITY's fiscal year. The audit shall be conducted by an independent certified public accountant and in accordance
with applicable OMB Circulars, Government Auditing Standards, and DGMS. PERFORMING AGENCY shall
procure audit services in compliance with state procurement procedures, as well as with the provisions ofUGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required,
Withm thirty (30) days of receipt of the audit reports required by this section, PERFORMING AGENCY/
AUTHORIZED CONTRACTING ENfITY shall submit a copy to Health and Human Services Commission
(HHSC), OIGSingle Audit at the following address:
Health and Human Services Commission
Attention: Single Audit OIG
Mailcode H-954
1100 West 47th Street
Austin, Texas 78756-3199
ARTICLE 17. Terms and Conditions of Payment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract 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, RECEIVlNG 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 within the applicable Attachment term to be eligible for
reimbursement under this contract 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
RECEIVING AGENCY monthly within thirty (30) days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final c1ose-out bill not later than ninety (90)
days following the end of the applicable Attachment term(s) for goods received and services 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 causes
damage 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 to the RECEIVING
AGENCY Program sponsoring the Attachment.
PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including advance payments from RECEIVING
AGENCY.
Funding from this contract may not be used to supplant [i.e., use in 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, PERFORMlNG 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 obligations.
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 Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable
Attachment period or at a later time in the applicable Attachment period if circumstances so warrant. Approval 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 provide written notification to PERFORMING AGENCY.
(IGS)
GENERAL 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 tenn; any unexpended funds must be refunded to RECEIVING AGENCY.
If the Attachment is amended to mcrease 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 adjus1ment, 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, RECENING
AGENCY will determine the amount of adjustment to the advance and the method of repayment.
ARTICLE 19. Pro2l'am 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 services in accordance with the provisions of Health and Safety Code ~ 12.031;
the Texas Board of Health rules covering Fees for Clinical Health Services, 25 T AC ~ 1.91; and other applicable laws.
No patient may be denied a service due to inability to pay.
All revenues directly 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 will 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 frames specified in the Reports Article of
these provisions or the Special Provisions of the Attachment.
PERFORMING AGENCY shall utilize one of the following methods for applying program income:
A. Additive method - add the program income to the funds already committed to the project by both
parties.
B. Deductive method - deduct the program income from the total allowable costs to determine the net
allowable costs.
PERFORMING AGENCY shall expend program income during 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 RECENING 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 ComDeasation
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 premium overtime pay due
employees. Premium overtime pay is defmed as any compensation paid to an individual in addition to the normal rate
of pay for hours worked in excess of normal working hours.
(LGS)
GENERAL PROVISIONS 6/2004
Page 12
ARTICLE 21. Eauioment and Suoolles
ln accordance with Health and Safety Code, ~ 12.053, title to all equipment and supplies purchased from funds from
thIS contract shall be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the
Attachment is tenninated.
Equipment is defined 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 RECENING 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 auxiliary apparatus necessary to make the property usable for the purpose
for which it was acquired. Supplies are defined as consumable items necessary to carry out the Attachment including
medical supplies, drugs, janitorial supplies, office supplies, patient 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 itemized in the budget. Any changes to the
equipment list contained in the budget shall be approved in writing by RECEIVING AGENCY. PERFORMING
AGENCY shall submit 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 maintain a nonexpendable personal property (equipment) inventory and submit an
annual cumulative report (IDH Form GC-ll) 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 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. If any item of equipment is no longer needed to
perform services under the Attachment( s) or becomes inoperable, PERFORMING AGENCY shall request disposition
instructions in writing from RECEIVING AGENCY.
Upon termination or expiration of applicable Attachment(s) that are not renewed, title to any remaining equipment
and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred 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 Subredoients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of an
Attachment, whichever is greater, PERFORMING AGENCY shall obtain written approval from RECEIVING
AGENCY.
Contracts with subrecipients shall be in writing and include the following:
· Name and address of all parties;
· A detailed description of the services to be provided;
· Measurable method and rate of payment and total amount of the contract;
· Clearly defined and executable termination clause;
(LGS)
GENERAL PROVISIONS 6/2004
Page 13
· Beginning and ending dates which coincide with the dates of the applicable contract Attachrnent(s) or cover a
term within the beginning and ending dates of the applicable contract Attachrnent(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 implementing 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 contract, as
appropriate.
PERFORMING AGENCY is responsible to RECENING 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 state/federal statutes and regulations
including prompt payment of any subcontractors pursuant to Texas Government Code, Chapter 2251,
Subchapter D;
· Subrecipients comply with all fmancial management requirements as defined by RECEIVING AGENCY,
UGMS and the applicable OMB circulars;
· Subrecipients complete required audits;
· An adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit
reports and the resolution of any fmdings and questioned costs cited by these reports; and, that
· RECEIVING AGENCY is immediately notified in writing 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
otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to
RECEIVING AGENCY for the performance of any subcontracted activity.
Contracts 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.
· Termination 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 construction or repair).
· Compliance with 99103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC
99 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction
(LGS)
GENERAL PROVISIONS 6/2004
Page 14
contracts 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.
· Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service marks,
copyrights, and patent rights 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 with 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 are contained in the state energy plan issued in
compliance with the Energy Policy and Conservation Act (p. L. 94-163), 42 USC ~~6201, et seq., as
amended.
ARTICLE 24. Reoorts
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 submit a Financial Status Report, State of Texas Supplemental
Form 269A (TDH Form GC-4a) within thirty (30) days following the end of each of the first three (3) quarters.
PERFORMING AGENCY shall submit a fmal fmancial report on State of Texas Supplemental Form 269A (TDH
Form GC4a), 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, with 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 HHSC
other reports including financial reports determined necessary to accomplish the objectives of this contract and to
monitor compliance. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall
immediately notify RECEIVING AGENCY and/or HHSC.
ARTICLE 25. InsDections
RECEIVING AGENCY, Health and Human Services Commission (HHSC), and, when federal funds are involved,
any authorized representative(s) of the federal government have the right, at all reasonable times, to inspect or
otherwise evaluate the work (including reviews of client or patient records and discussions with staff) 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 subrecipient(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 transcripts of transactions related to this contract. RECEIVING AGENCY will have the right to audit
bilhngs both before and after payment. Payments will not foreclose the right of RECEIVING 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 writing to PERFORMING AGENCY. PERFORMING AGENCY'S
resolution of fmdings will be conveyed in writing within thirty (30) days of receipt of the report of the deficiencies.
PERFORMING AGENCY'S resolution of fmdings will be sent to the agency(ies) referenced in the cover letter of the
report. A RECEIVING AGENCY and/or HHSC determination of either an inadequate or inappropriate resolution of
the findings may result in sanctions which will remain in effect until RECEIVING AGENCY and lllISC determines
the deficiencies are properly remedied.
ARTICLE 26. R~ords Retention
PERFORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance with
22 Texas Administrative Code (T AC), 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, which are generated or collected by PERFORMING AGENCY or its subrecipients or subcontractors under
the provisions of this contract, for a period of four (4) years after the termination of the Attachrnent(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 requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein.
ARTICLE 27. Confidentiality 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 provided
services funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other
contract provisions.
RECEIVING AGENCY is authorized to request, collect and receive protected health information under this
contract, without the consent of the individual to whom the protected health information relates, for funding,
payment and administration of the grant program.
RECEIVING AGENCY is also authorized to request, collect and receive protected health information under this
contract, without the consent of the individual to whom the protected health information relates, under exceptions
to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and
Accountability Act (HIP AA) and the Privacy Standards adopted to implement HIP AA 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 patient or client, upon tennination of this contract, or if the care and treatment of the
individual patient or client is transferred to another entity.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECENING
AGENCY'S policies based on the model HIV/AIDS (human immunodeficiencyviruslacquired immunodeficiency
syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HN
and its related conditions, 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 contract 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 of this contract and will monitor PERFORMING AGENCY for
financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions for each
item 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 contract. See the Termination Article in these provisions.
B. Suspend all or part of this contract. Suspension is, depending on the context, either (1) the temporary
withdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the contract,
or (2) an action taken by a suspending official in accordance with agency regulations implementing
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 during
a suspension are not allowable unless expressly authorized by the notice of suspension;
C Disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D. Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) forproper
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;
E. Permanently withhold cash payments. Permanent 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 contract awards to a PERFORMING AGENCY;
G. Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are
pending resolution;
(LeS)
GENERAL PROVISIONS 6/2004
Page 17
H. 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;
I. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely
be accomplished;
1. 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, fmancial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N. Demand repayment from PERFORMING AGENCY;
O. 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 services as set out in
the Attachment(s); and,
P. Impose other remedies provided by law.
RECENING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (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 corrective actions, and the method, if any, of requesting reconsideration of the sanctions
imposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written
response to RECENING AGENCY'S program/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 RECENING
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 terminate or suspend all or part of this contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the
reason for the emergency action.
An "emergency" is defined as the following:
· PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or
client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety by
failing to provide services, providing inadequate services, providing unnecessary services, 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;
(LG~)
GENERAL PROVISIONS 6/2004
Page 18
· PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in
accordance with applicable federal or state laws and regulations or the provisions 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 contract, 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 of contract renewal or future
contract awards.
PERFORMING AGENCY shall make the request for review in writing to RECEIVING AGENCY within fifteen (15)
days from the date of notification by providing written notice of the dispute to the person who signed the notification.
PERFORMING AGENCY'S notice shall contain the following: (1) a copy of the letter from RECENING AGENCY
noti1)ring 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 issue
or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of
PERFORMING 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: (I) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or (3)
signed acknowledgment of delivery.
RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the issues
m dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the dispute
IS not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in writing.
RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or require
additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The
reviewer( s)' s decision will be in 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 verifiable means. The decision of
the reviewer(s) is final 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 remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
ARTICLE 31. Termination
Each Attachment shall terminate upon its expiration date unless extended by written amendment in accordance with
the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract may be terminated
with or without cause as set out below.
(LGS)
GENERAL PROVISIONS 6/2004
Page 19
A. Termination is the permanent withdrawal of PERFORMING AGENCY'S authority to obligate previously
awarded funds before that authority would otherwise expire or the voluntary relinquishment by
PERFORMING AGENCY of the authority to obligate previously awarded funds. PERFORMING
AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after termination of an
award are not allowable unless expressly authorized by the notice of termination. Termination does not
include: (1) withdrawal offunds awarded on the basis of the PERFORMING AGENCY'S underestimate
of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expiration
of an Attachment; (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 fraudulently, or was otherwise illegal or invalid from inception.
R Termmation 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 this contract is terminated, limited, suspended,
withdrawn, or discontinued.
(4) RECEIVING AGENCY may terminate this contract when, in the sole determination ofRECENING
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 with at least thirty (30) days written
notice to the other party.
(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or for
any other conduct that jeopardizes the contract objectives, by giving at least thirty (30) days written
notice to PERFORMING AGENCY. Such conduct may include one or more of the following:
(a) A court of competent j urisdiction finds that PERFORMING AGENCY has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECENING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECENING
AGENCY as necessary to the performance of this contract;
(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
(d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the
personnel or resources to perform under this contract;
(e) 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 ofRECENING AGENCY for the purpose of obtaining a contract or favorable
treatment;
(f) PERFORMING AGENCY'S management system does not meet the DGMS management
standards; or
(g) PERFORMING AGENCY appears to be fmancially unstable. Indicators of financial
instability may include one or more of the following:
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(LGS)
GENERAL PROVISIONS 6/2004
Page 20
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
(iv) 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 (b) provide for its discharge in accordance with its tenns, or (c)
procure a stay of execution within thirty (30) days from the date of entry thereof,
and within the thirty (30)-day period or a longer period during which execution of
the judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore as
may be required under generally accepted accounting principles.
D. Emergency termination. In emergency circumstances, RECEIVING AGENCY may terminate this contract
immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined
in the Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of
its mtent 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 during the notice period. Upon
termination ofall or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged
from any fmther obligation created under the applicable terms of this contract except for the equitable settlement of
the respective accrued interests or obligations incurred prior to termination. Termination 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 survive this contract.
ARTICLE 32. Void Contract
RECENING AGENCY may hold this contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 33. Severabilitv
If any provision 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 ifnever incorporated, but all other provisions will continue.
ARTICLE 34. Local Health Department Personnel
All local health department 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 shall have in place legally sufficient due process hearing 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 Attachrnent(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 the
(LGS)
GENERAL PROVISIONS 6/2004
Page 21
payment to such employee of a so-called "flat rate" car anowance or travel allowance. Any travel 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 travel
regulations. This restriction shall apply whether travel funds are provided in Attachrnent(s) under this contract 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 ofRECEIVlNG AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that indiVlduals 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 costs on state-budgeted positions. RECENING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions.
An mdependent audit is not required as a condition of this contract 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 furnished state payroll warrants after a state- budgeted
pOSItion becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all
benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or other person(s)
authorized elsewhere in this contract, may submit a request for conversion. RECENING AGENCY will tninsrnit
formal approval and a revised 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 liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shan survive any such termination or
expiration, or (b) remain to be performed or by their nature would be intended to be applicable fonowing any such
termination or expiration.
ARTICLE 36. Construction of Ambhrnities
The parties 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 Sovereie:n Immunitv
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF TmS CONTRACT IS IN ANY WAY
INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY
THA T THE PARTIES OR TIlE 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 current 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.
(LOS)
GENERAL PROVISIONS 6/2004
Page 22