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Home My WebLink AboutC2006-335 - 7/25/2006 - Approved . COpy CONTRA FOR PUBLIC HEALTH SERVICES Contract ssu.ed by: DEPARTMENT OF STATE HEALTH SERVICES (RECEIVING AGENCY) 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 DSHS DOCUMENT NO. 7460005741B2007 VW Legal Au.rity to Contract: Chapter 12, Health and Safety Code. Venue: 1he provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County, Texas. PERFO G AGENCY NAME: CITY OF CORPUS CHRISTI PARK AND RECREATION DEPT MAILING ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-9277 STREET ADDRESS: 1201 LEOPARD ST CORPUS CHRISTI TX 78401-2120 NAME AurHORIZED CONTR.~fING ENTITY: (If different _ PERFORMING AGENCY) PAYEE TA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptrollt!t's Office.): NAME: CITy OF CORPUS CHRISTI PARK AND RECREATION DEPT ADDRESII= PO BOX 9277 CORPUS CHRISTI TX 78469-9277 (City. State, Zip) State of 1r Vendor Identification No. (14 digits) 174600051i1028 PAYEE AGENCY Fiscal Year Ending Month: December PAYEE !NESS 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 Underutilized Business (HUB) . 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 been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by Texas Building and Procurement Commission or another entity. For Profit OrganIzation SUMMA Of CONTRACT DOCUMEN'tA nON: COVER P4<JE I . Receiving and Performing Agency Data COVER P4GE 2 - Details of Attachment(s) COVER PIIGE 3 - Authorized Signatures GENERAL PROVISIONS - 612004 A IT ACHMENT(S) EXHIBITS, IF APPLICABLE 2006-335 07/25/06 Res026881 Cover Page 1 DSHS - DETAILS OF ATTACHMENTS Att/ DSHS Program ID/ Term Financial Assistance Direct Total Amount Amd DSHS Purchase Assistance (DSHS Share) No Order Number Begin End Source of Amount Funds. -- -- - 01 DPIS/NUTRIT 06/30/06 06/29/07 93.283 14,000.00 0.00 14,000.00 0000318508 DSHSl)ocument No.746000574IB2007 Totals $ 14,000.00 $ 0.00 $ 14,000.00 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGHT SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 EXECUlED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. Autholized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY NAME: CITY OF CORPUS CHRISTI PARK AND RECIW:A TION DEPT By: Date: (N':1:~t1~) N~ I ~ l!'3/!D(,.. RECOMMENDED: By (PERFORMING AGENCY Director, if different from person authorized to sign contract) A 1i1:.S r: RECEIVING AGENCY NAME: DEPARTMENT OF STATE HEALTH SERVICES By: (Signature of person authorized to sign contracts) Bob Burnette, Director Client Services Contracting Unit (Name and Title) Date: S Il~ ) DLP I DSHS Document No: 7460005741B2007 R0 OZ0!l. AU I HU.<l<, ~y OOU"Cll--.-:J4~1ie- - . _............!!;!; ~Fr.tt".A..v1 Vl/ Aopl1Illed as to form: City By: ?-l~-(JG o D. Curtis Senior Assistant City Attorney Cover Page 3 ~".;;;- GENERAL PROVISIONS FOR DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS TABLE OF CONTENTS ARTICLE 1 - PREAMBLE 2 - TERM 3 - FUNDING 4 - AMENDMENTS 5 - APPUCABLELAWSANDSTANDARDS 6 - DEBARMENT AND SUSPENSIONS 7 - ASSURANCES 8 - CHILD ABUSE REPORTING REQUIREMENTS 9 - INTELLECfUAL PROPERTY 10 HISTORICALLY UNDERUTlLIZED BUSINESSES 11 - CONI'LICf OF INTEREST 12 - CERTIFICATION OF SOFTWARE, HARDWARE, FIRMWARE, AND MICROCODE PRODUCfS 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 - PROGRAM INCOME 20 - OVER.TIME COMPENSATION 21 - EQUIPMENT AND SUPPLIES 22 - CONTRACfS WITH SUBRECIPIENTS 23 - CONTRACTS FOR PROCURMENT 24 - REPCIlTS 25 - INSPBCTIONS 26 - RECOJmsRETENTION 27 - CONFIDENTIALITY OF PROTECfEDDEALTHINFORMAll0N 28 - SANCTIONS 29 - SANCTION REVIEW 30 - BREACH OF CONTRACT CLAIM 31 - TERMINATION 32 - VOIDCONTRACT 33 - SEVEBABILITY 34 - LOCALBEALTHDEPARTMENTPERSONNEL 35 - SURVWALOF TERMS 36 - CONSTRUCTION OF AMBIGUI'lBS 37 - NO WAIVER OF SOVEREIGN IMMUNITY 38 - CERTIPICATlON Paper Publications Number: 29-11834, Revised June 2004 (LGS) GENERAL PROVISIONS 612004 ~.."--- AltTICLE 3. Fundin2 11is 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 Termination Article shall apply. AltTICLE 4. Amendments Alaendments 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 COIIract attaclunent with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must sutltnit request in format prescribed by RECEIVING AGENCY Program. RECEIVING AGENCY will consider the reeplest 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 exeeuted in compliance with this Article. PERFORMING AGENCY shall not perform and RECEIVING A(]ENCY will not pay for the performance of different or additional services, work, or products except pursuant to 81 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 ofthe Attachment term. PERFORMING AGENCY shal provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment is l1Ilquested during the last quarter of the Attachment term, the written justification shall include a reason for the del.-y. Revision or amendment requests may be granted at the discretion of RECENING AGENCY. ARTICLE 5. ADDlicable Laws and Standards Thilcontract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state rules. Wllere applicable, federal statutes and regulations, including federal grant requirements applicable to funding sOlCCs, shall apply to this contract. PERFORMING AGENCY agrees to comply with the Uniform Grant M~gement Act (UGMA), Texas Government Code, Chapter 783, as amended, and the Uniform Grant Management StaJldards (UGMS) as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and Plaming Office. UGMA is located on the Internet at http://www.capitol.state.tx.uslstatuteslstatutes.html; the UGMS are located on the Internet at http://W.WW.lZovernor.state.tx.us/statelrrants/. PERFORMING AGENCY shall not use funds granted under this contract to pay any person for influencing or attelllpting to influence an officer or employee of any agency, federal or state, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any contract or grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC g 1352, as ameaded, and UGMS). If at any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY shaD 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 QOntract or grant, a certification that none of the funds provided by RECENING AGENCY have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom PERfORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or receives a subgrant or subcontract to file the same declaration, 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 (LeS) GENERAL PROVISIONS 6/2004 Page 2 · Public Health Semce Act of 1912, ~~523 and 527, 42 USC ~290dd-2, as amended, relating to confidentiality of alcohol and drug abuse patient records; · Title vrn ofthe Civil Rights Act of 1968,42 USC ~~3601 et seq., as amended, relating to nondiscrimination m 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 balis of race, color, national origin, religion, age, sex or disability. PERFORMING AGENCY shall carry out the terms of this contract in a manner which will assist RECENING AGENCY in complying with such obligations to the fullest extent of PERFORMING AGENCY'S ability. PBIlFORMING 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 individual(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 ~ ~6081-6084, regarding the provision of a smoke-free workplace and promoting the non-use of all tobacco products. D. The National Research Service Award Act of 1971, 42 USC ~~289a-l etseq.,as amended, and 6601 (pL. 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 clini'callaboratories. F. The OccupatIOnal Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR ~1910.1030, 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 ~~2131 et seq. (P.L. 89-544), as amended, pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other 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. RECENING 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 RECENING AGENCY by calling (512) 458-7796. fEGS) GENERAL PROVISIONS 6/2004 Page 4 .........'^.~- assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the U. S. Department of Housing and Urban Development as an area having special flood hazards. If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this COlltract, 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, if any. PElFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor Co4e, Chapters 401-406, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Part 2, which cover compensation for employees' injuries. W1Ien incorporated into an Attachment, standard assurances contained in the application package, if any, become tet1lS 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. PElFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required state and federal tax forms. PEIlFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment punihased with funds from this contract, without the written consent of RECEIVING AGENCY. ARTICLE 8. Child Abuse Reuorn"!! Reouirements [PBRFORMING AGENCY is required to comply with this article only as related to services provided under the folltIWing Attachments: Human Immunodeficiency Viros and Sexually Transmitted Diseases (all direct client care services for HIVand other sexually transmitted diseases funded under the Ryan White CARE Act Title II or gentlral revenue), Title V Family Planning (ACFHIFEE-FP, Title X Family Planning (BWHffITLE X), Title AX Fa1flti,ly Planning (BWHffFLXX), Primary Health Care (ACFHIPHC), Title V Maternal and Child Health (A CFHIFEE), Special Supplemental Nutrition Program for Women, Infants, and Children (BNSIWlC-CARD, and the Services Delivery Integration project (SDIIFFS).) PERFORMING AGENCY and each of its sublecipients shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Ch.ter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect. PERl'ORMING AGENCY and each of its subrecipients shall develop, implement and enforce a written policy that includes at a minimum the IDH Child Abuse Screening, Documenting, and Reporting Policy for ContractorslProviders and train all staff on reporting requirements. PERFORMING AGENCY and its SubRcipients shall use the Checklist for IDH Monitoring as required by RECEIVING AGENCY. (The policy and checklist are available at each of the above-referenced programs' websites.) AR.CLE 9. InteDectual Prooertv Tex. Health and Safety Code ~ 12.020, as amended, authorizes RECEIVING AGENCY to protect intellectual proPIrtY developed as a result of this contract (LGS) GENERAL PROVISrONS 6/2004 Page 6 ..........,,-- operate "accurately" in the manner in which they were intended when given a "valid date" containing century, year, menth, and day. For purposes of thIS Article, "supplied or supported software, hardware, firmware, and micro code products" does not include software supported by RECEIVING AGENCY or an agency of the federal government. PBRFORMING 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 normal 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, ftrmware and/or micro code; H) "valId date" shall contain a two-digit month, a two-digit day and a four-digit year. PERfORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendor/licensor from which it obtaits product(s), that product( s) delivered and installed under the contract/license shall accurately process valid date data M1en used in accordance with the product documentation provided by the contractor/licensor and require no extrll>>"dinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under the _tract/license shall possess general integrity, date integrity, explicit and implicit century capabilities. lithe con1lactllicense 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 availtble to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and subjct to, the terms and conditIons of the contractor's standard commercial warranty or warranties contained in the (LGS) GENERAL PROVISIONS 6/2004 Page 8 ",.... any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either indfvidually or in concert with others, andlor 2) failure of PERFORMING AGENCY or any of its employees to pertbrm faithfully hiSlber duties or to account properly for all monies and property received by virtue of his/her position or employment ARTICLE 15. Fundin2 Particioation Requirement PE..-ORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in secwing other funding unless directed or approved by RECENING AGENCY. ARTICLE 16. ADowable Costs and Audit Reouirements OnlJ those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are elig.IIe for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative requirements are as follows: AJltlieable Cost Principles* O~ Circular A-87, State, Local and Tribal Governments Audit Requirements* Administrative Requirements* OMB Circular A-B3 and UGMS UGMS The 0MB circulars cited above shall be applied with the modifications prescribed by UGMS. PERfORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and coII1Jlliance audit (Single Audit) if required by OMB Circular A-I33 andlor UGMS, Part IV, "State of Texas Single Audit Circular." The audit shall be of PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING EN11TY'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 UGMS. PERFORMING AGENCY shall procure audit services in comphance with state procurement procedures, as well as with the provisions ofUGMS. If PIIlFORMING AGENCY ]S not required to have a Single Audit, a limited scope audit may be required. RECJJ1VING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope audit is required. Withi$ thirty (30) days of receipt of the audit reports required by this section, PERFORMING AGENCY/ AUTlORIZED CONTRACTING ENTITY shall submit a copy to Health and Human Services Commission (HHSC), OIG Single 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 ARTlt'LE 17. Terms and Conditions of Payment For If'Vices satisfactorily performed pursuant to this contract, RECENlNG AGENCY will reimburse PE~RMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not exceefthe total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service, work, and/orproduct has been authorized and satisfactorily performed. If those conditions are met, RECEIVING AGENCY willl11llke payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 2251). (LGS) GENERAL PROVISIONS 6/2004 Page 10 RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable A_hment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment divi4ed by the number of months covered by the Attachment multiplied by two (2). Advance funds shall be expended during the applicable Attachment term; any unexpended funds must be refunded to RECEIVING AGENCY. If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may adjust the amount of allowable advance in accordance with the above formula. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY shall submit a written justification and State of Texas Purcllase Voucher in the amount necessary to correct the ratio. If the adjustment is downward, RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment ARlICLE 19. Pro2ram Income PERIORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a scheellde 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 JIltient may be demed 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) duri. the term of the Attachment(s) are considered program income. Program income will be used by PERJI'oRMING AGENCY to further the program objectives of the state/federal statute under which the Attaolament(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 shaH 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 eamed, and may not c..-r forward to the succeeding term. Program income not expended in the term in which it is earned shall be refunCd to RECEIVING AGENCY. RECBJVlNG AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency in identi4'ing, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the applicable Attachment(s). ARTICLE 20. Overtime ComDensation PER.RI)RMING AGENCY shall not use any of the funds provided by the Attachrnent(s) to pay the premium portion of ovtltime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due emplojees. Premium overtime pay is defined as any compensation paid to an individual in addition to the nonnal rate of pay for hours worked in excess of normal working hours. rLGS) GENERAL PROVISIONS 6/2004 Page 12 ........,...~- · Beginning and ending dates whIch coincide with the dates of the applicable contract Attachment(s) or cover a term within the beginning and ending dates of the applicable contract Attachment(s); · Records retention requirements conSIstent with UGMS; · Access to inspect the work and the premises on which any of the work is performed, in accordance with the Inspections Article contained in this contract; · All clauses required by state/federal statutes, executive orders, and their 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 mchaie audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as appntpriate. PERfORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. PERfORMING AGENCY shall monitor both fmancial and programmatic performance and maintain pertinent recoRls 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 financial 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 findings 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 PERFOR1vfING AGENCY may enter into contracts for procurement of goods and services unless restricted or othert'ise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECBlVING AGENCY for the performance of any subcontracted activity. Contltcts 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 ~9103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC ~~ 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction (LGSJ GENERAL PROVISIONS 6/2004 Page 14 - 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 boolls, 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 billings 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 andlor HHSC upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S resolution of findings will be conveyed m writing within thirty (30) days of receipt of the report of the deficiencies. PERfORMING AGENCY'S resolution offmdings will be sent to the agency(ies) referenced in the cover 1etterofthe report. A RECEIVING AGENCY and/or HHSC determination of either an inadequate or inappropriate resolution of the findings may result m sanctIOns which will remain in effect until RECEIVING AGENCY and HHSC determines the deficiencies are properly remedied. ARlICLE 26. Records Retention PERPORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance with 22 nfXas Administrative Code (T AC), Part 9, 9165.1 (b)( c) or other applicable statutes and regulations governing mediGal information. PERFORMING AGENCY shall retain and preserve all other records, including fmancial recoPls, 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 Attachment(s). If an Attaclmcnt 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 litigadon 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 conficlmtiality of patient and client records that contain protected health information, or other information made confi4lential by law. PERFORMING AGENCY is required to disclose protected health information of patients or clients provided serviots funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other cont:raet provisions. RECBlVING AGENCY is authorized to request, collect and receive protected health information under this contra$t, without the consent of the individual to whom the protected health infonnation relates, for funding, paymtllt and administration of the grant program. RECEIVING AGENCY IS also authorized to request, collect and receive protected health information under this cont:raot, without the consent of the individual to whom the protected health information relates, under exceptions to sta. confidentiality laws and federal privacy laws, including the Health Insurance Portability and Acco'-tability Act (HIP AA) and the Privacy Standards adopted to implement HIP AA at 45 CFR Parts 160 and 164, at~I64.512, and Occupations Code, Chapter 159, at 99159.003 and 159.004. PERFCJRMING AGENCY must maintain patient and client records in compliance with state laws relating to the securi., 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 (LGSI GENERAL PROVISIONS 6/2004 Page 16 ~. 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 monitonng of PERFORMING AGENCY Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished: J. Require PERFORMING AGENCY to obtain technical or managerial assistance; 1(. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or reimbursement by PERFORMING AGENCY; L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; M. Require additional, more detailed, financial and/or programmatic reports to be 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 ofthe award, or to provide services as set out in the Attachment(s); and, P. Impose other remedies provided by law. RECBIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (with the ea;eption of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the reasOltS for imposing them, the corrective actions which shall be taken before they will be removed and the time allowtd 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 respoalSe to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and .ting how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findiIlls on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING A GEMCY 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, RECENING AGENCY may immedIately terminate or suspend all or part of this contract, temp<Warily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contraet 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: · PIItFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or cltnt 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 IllfIIlSures; · PElRFORMING AGENCY fails to achieve a performance measure; (LGS; GENERAL PROVISIONS 6/2004 Page 18 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 mclude: (1) withdrawal of funds 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 noncompetmg 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. B. Termination without cause, ( I ) 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. (1 ) 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 jurisdiction 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 RECEIVING AGENCY or fails to allow its employees or those of its subrecipients to communicate with RECEIVING AGENCY as necessary to the performance of this contract; (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 UGMS 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 ..... pa)'lllent to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or per diem all<J!IVanCe 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 Attachment(s) under this contract or from any other source. PERfORMING AGENCY shall utilize RECEIVING AGENCY'S policies and procedures for hiring and promoting indi'ftduals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these positions will be subject to approval ofRECEJVING AGENCY'S Bureau of Human Resources. The purpose of the appntval IS to ensure that individuals occupying these positions meet minimum educational and experience requirements PERfORMING AGENCY shall maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. An independent audit is not required as a condition of this contract if the contract Attachment provides assistance throUlh 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) ill lieu of being furnished state payroll warrants after a state- budgeted position becomes vacant. Reimbursement will not exceed the balance offimds on the state-budgeted position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit formal approval and a revised hudget to PERFORMING AGENCY to complete the conversion if the request is granted. ARTICLE 35. Survival of Terms Termiaation 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 shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termiJllltion or expiration. ARTICLE 36. Construction of Ambitruities The J*1ies expressly agree that they have each independently read and understood this contract. Any ambiguities in this c<atract shall not be construed against the drafters. ARTI€LE 37. No Waiver of Soveremn Immunitv THE IARTIES EXPRESSLY AGREE THAT NO PROVISION OF TffiS CONTRACT IS IN ANY WAY INTEMDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THA TTHE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. ARTICLE 38. Certification The g"'eming body of each party has authorized this contract. RECEIVING AGENCY is paying for the perfonllance of governmental functions and services from current revenues available to RECENING AGENCY. The paymellt is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed under .is contract. (LGS; GENERAL PROVISIONS 6/2004 Page 22 -.-.- DOCUMENT NO. 7460005741B-2007 AITACHMENT NO. 01 PURCHASE ORDER NO. 0000318508 PERFORMING AGENCY: CITY OF CORPUS CHRISTI PARK AND RECREATION DEPT RECEIVING AGENCY PROGRAM: DISEASE PREVENTION AND INTERVENTION SECTION TERM: June 30, 2006 THRU: June 29, 2007 SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall, through the Coordinated Community Approach to Promote Wellness (CCAPWell) Partnership, continue to implement community intervention to combat obesity and other chronic diseases among residents of the community. The comprehensive intervention will seek to increase community residents' levels of physical activity and improve fruit and vegetable consumption, plus one of more of the following: reduce television viewing time, increase the number of women who choose to breastfeed, and improve the balance between caloric intake and energy expenditure. This will be achieved using a social ecological model consisting of social, policy, and environmental change. During the project period, PERFORMING AGENCY (through the CCAPWell Partnership) will be required to (1) continue to develop partnerships and infrastructure to implement and evaluate a community plan to combat obesity and related chronic diseases, (2) implement the approved work plan attached as Exhibit A in accordance with CCAPWell's strategic plan to combat obesity, with technical assistance from the UT staff. and (3) report progress to RECEIVING AGENCY quarterly. PERFORMING AGENCY shall collaborate with the RECEIVING AGENCY and contractors from the University of Texas at Austin to: · Hold CCAPWell general meetings and subcommittee meetings at least monthly, and submit monthly meeting minutes to the University of Texas staff; · Implement community strategies to increase physical activity and healthy eating m targeted sectors of the community in accordance with attached work plan (Exhibit A); · Conduct process evaluations of each intervention; · Provide quarterly summary reports of all activities and progress in attached work plan (Exhibit A) to Uni versity of Texas and RECEIVING AGENCY staff; and, · Submit work plan and budget for FY08 no later than April 1, 2007. PERFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY'S Community Plan to Prevent Obesity and Other Chronic Diseases Request ATTACHMENT - Page I ~,......--- for Proposal Issued April 16, 2004, PERFORMING AGENCY'S application, work plan (Exhibit A) and budget, and any approved revisions. These documents are hereby mcorporated by reference and made a part of this contract attachment. SECTION II. SPECIAL PROVISIONS: General Provisions, Equipment, is not applicable to this Attachment. General Provisions, Program Income, is not applicable to this Attachment. A IT ACHMENT - Page 2 - f ~ ~ 13 ., &: &: ~ i ~ ~ ~ - ! ~ I t S .c ~ i -< t {"".) I 8 Q E -'.-. u a o 1-0 ..c: u 1-0 (1) ..c: ..... o -c:I I: C'j >, ..... ;;j (1) ..0 o 0.0 5 ..... C'j ..0 E o u C o -c:I (1) rJ} ::3 u <2 rJ} I: S E (1) c: (1) ..... 5 >, ..... a ::3 E E ::> 'J ..... c (1) E (1) -a E ~ >, ~ .~ I: I: ~ ~ 8 g = u .~ ] ...... ~<-o ~tl 0.. I: <~ U;;j U ~ -;0.0 c3 ~ 8 ~ e'Cl Il.) r... 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