HomeMy WebLinkAboutC2008-565 - 2/12/2008 - Approved1 $
FISCAL YEAR 2008 PERFORMANCE CONTRACT
GENERAL PROVISIONS
(CorelSubrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING 1
1.01 Compliance with Statutes and Rules 1
1.02 Compliance with Requirements of Solicitation Document 1
1.03 Reporting I
1.04 Client Eligibility 1
1.05 Applicable Contracts Law and Venue for Disputes 1
1.06 Applicable Laws and Regulations Regarding. Funding Sources 2
1.07 Statutes and Standards of General applicability 2
1.08 General Provisions Applicable to Interagency & Interlocal Contracts 4
ARTICLE II SERVICES
2.01 Education to-Persons in Residential Facilities
2.02 Disaster Services
2.03 Consent to Medical Care
2.04 Telemedicine Medical Services
2.05 Fees for Professional Health Services
2.06 Cost Effective Purchasing of Medications
ARTICLE III FUNDING
3.01 Debt to State and Corporate Status
3.02 Application of Payment Due
3.03 Use of Funds
3.04 Use for Match Prohibited
3.05 Program Income
3.06 Nonsupplanting
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ARTICLE IV PAYMENT METHODS AND RESTRICTIONS ;
8
4.01 Payment Methods
8
4.02 Billing Submission
8
4.03 Final Billing Submission
8,
4.04 Working Capital Advance
8
4.05 Financial Status Reports (FSRs)
8
4.06 Third Party Payors
9
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
9
5,01 Prompt Payment
9
5,02 Withholding Payments
9
5.03 Condition Precedent to Requesting Payment .
9
5.04 Acceptance as Payment in Full
10
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 1
6.01 Independent Audit_
6.02 Allowable Costs
6.03 Submission of Audit
ARTICLE VII CONFIDENTIALITY .
7.01 Maintenance of Confidentiality
7.12 Use of PHI
7.03 Disclosure to Department,
7.04 Department Access to PHI
7.05 Exchange of Client - Identifying Information
7.06 Security of Patient or Client Records
7.07 HIV /AIDS Model Workplace Guidelines
ARTICLE VIII RECORDS RETENTION
8.01 Retention
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ARTICLE IX ACCESS AND INSPECTION
9.01 Access
9.02 State Auditor's Office
9.03 Responding to Deficiencies
ARTICLE X NOTICE REQUIREMENTS
10.01 Child Abuse Reporting Requirement
10.02 Significant Incidents
10.03 Litigation
10.04 Action Against Contractor
10.05 Insolvency
10.06 Misuse of Funds
10.07 Criminal Activity and Disciplinary Action
10.08 Retaliation Prohibited
10.09 Documentation
ARTICLE XI ASSURANCES AND CERTIFICATIONS
11.01 Certification
11.02 Child Support Delinquencies
11.03 Authorization
11.04 Gifts and Benefits Prohibited
11.05 Ineligibility to Receive the Contract
11.06 Antitrust
11.07 Initiation and Completion of Work
ARTICLE XII GEN. BUS. OPERATIONS OF CONTRACTOR
12.01 Board Training
12.02 Duty of Compliance
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General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 2
12.03 Management and Control Systems
.19
12.04 Insurance and Bonding
19
12.05 Fidelity Bond
19
12.06 Liability Coverage
20
12.07 Overtime Compensation
20
12.08 Program Site
20
12.09 Cost Allocation Plan
20
1210 Reporting for Unit Rate and Fee for: Service Contracts
21
12.11 Historically Underutilized Businesses (HUBS)
21.
12.12 Buy Texas
21
12.13 Contracts with Subrecipient Subcontractors
. 21
12.14 Status of Subcontractors
22
12.15 Incorporation of Terms
22
12.16 Independent Contractor
22
12.17 Authority to Bind
22
12.18 Tag Liability
22
12.19 Notice of Organizational Change
23
12.20 Quality Management
23
12.21 Equipment and Controlled Assets Purchases
23
12.22 Supplies
23
12.23 Changes to Equipment List
23
12.24 Property Inventory and Protection of Assets
24
12.25 Bankruptcy
24
12.16 Title to Property
24
12.27 Property Acquisitions
24
12.28 Disposition of Property
24
12.29 Closeout of Equipment
25
12.30 Assets as Collateral Prohibited
25
ARTICLE XIII GENERAL TERMS
25
13.01 Assignment .25.
13.02 Lobbying
25,
13.03 Conflict of Interest
25
13.04 Transactions Between Related Parties
25
13.05 Intellectual Property
25
13.06 Other Intangible Property
27
13.07 Severability and Ambiguity
28
13.08 Legal Notice
28
13.09 Successors
28
13.10 Headings
28
13.11 Parties
28
1312 Survivability of Terms
28
13.13 Direct Operation
28
13.14 Customer Service Information
28
13.15 Amendment
28
13.16. Contractor's Notification ofr Change to Certain Contract Provisions
29
General Provisions (Core Subrecipient.2008) Table of Contents
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13.17 Contractor's Request for Revision of- Certain Contract Provisions 29
13.18 Immunity Not Waived 30
13.19 Hold Harmless 30
13.20 Waiver 30
13.21 Contracting with Executive Head of State Agency 30
13.22 Technology Accessibility 31
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR
NON- COMPLIANCE 31
14.01 -Actions Constituting Breach of Contract 31
14.02 General Remedies and Sanctions 32
14.03 Notice of Remedies or Sanctions 34
14.04 Emergency Action 35
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT :
35
15.01 Breach of Contract Claim
35
15.02 Notice
35
15.03 Sole Remedy
36
15.04 Condition Precedent to Suit
36
15.05 Performance Not Suspended
36
ARTICLE XVI TERMINATION
36
16.01 Expiration of Contract or Program Attachment(s)
36
16.02 Effect of Termination
36
16.03 Acts Not Constituting Termination
.36
16.04 Termination Without Cause
37,
16.05 Termination For Cause
37.
16.06 Notice of Termination
39
ARTICLE XVII ' VOID, SUSPENDED AND TERMINATED
CONTRACTS 39
17.01 Void Contracts 39
17.02 Effect of Void, Suspended or Involuntarily Terminated Contract 39
17.03 Appeals Rights 39,
ARTICLE XVIII 'CLOSEOUT AND CONTRACT
RECONCILIATION
39
18.01 Cessation of Services at Closeout
39 .
18.02 Administrative Offset
40
18.03 Deadline for Closeout
40
18.04 Payment of Refunds
40
18.05 Disallowances and Adjustments
40
18.06 Contract Reconciliation
40
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 4
Fiscal Year 2008 Performance Contract
General Provisions
(CorelSubrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply,
and shall require its subcontractor(s) to comply, with the requirements set forth in
the Department's rules of general applicability and other applicable state and
federal statutes, regulations and rules as such statutes, regulations and rules
currently exist and as they may be lawfully amended. The Department rules are set
forth in the Texas Administrative Code, Title 25 (Rules). To the extent ' this
Contract imposes a higher standard, or additional requirements beyond those
required by applicable statutes, regulations or the Rules, the terms of the Contract
shall control.
Section 1.02 Compliance with Requirements of Solicitation Document.
Except as specified in these General Provisions or the Program Attachment(s),
Contractor shall comply with the requirements, eligibility conditions, assurances,
certifications and program requirements of the Solicitation Document (including
any revised or additional terms agreed to in writing by Contractor and DSHS prior
to execution of this Contract) for the duration of this Contract or any subsequent
renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any
misrepresentation contained in the Contractor's response to the Solicitation
Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in. accordance with the
reporting requirements established by the Department and shall provide any .other
information requested by the Department in the format required by DSHS. Failure
to submit a required report or additional requested information by the due date
specified in the Program Attachment(s) or upon request constitutes a breach of
contract, may result in delayed payment, and may adversely affect evaluation of
Contractor's future contracting opportunities with the Department.
Section 1.04 Client Eligibility. Where applicable, financial eligibility criteria,
financial assessment procedures, and standards developed by the Department shall
be utilized by Contractor to determine client eligibility.
Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding
all issues related to contract formation, performance, interpretation, and. any issues
that may arise in any dispute between the Parties, the Contract shall be governed by,
and construed in accordance with, the laws of the State of Texas. In the event of a
dispute between the Parties, venue for any suit shall be Travis County, Texas.
General Provisions (Core Subrecipient 2008) 6/12/2007
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources.
Where applicable, federal' statutes and regulations, including federal grant
requirements applicable to funding sources, shall apply to this Contract. Contractor
agrees to comply with applicable laws, executive orders, regulations and policies as
well as Office of Management and Budget (OMB) Circulars, the Uniform Grant and
Contract Management Act of 1981 (UGMA), TEx. GOVT. CODE ch. 783, as
amended, and Uniform Grant Management Standards (UGMS) as amended by
revised federal circulars and incorporated in UGMS by the Governor's Budget- and
Planning Office. UGM . is located on the Internet at
bl!R://tlo2.tic.state.tK.us/statutes/statates.htmi; the UGMS are located on the Internet
at
h ip: / /www.g_o_vemor.state.tx.us/ divisions /stategrants/o delinestfiles/UGMS062004
doe. Contractor also shall comply with all applicable federal and state assurances
contained in UGMS, Part III, State Uniform Administrative Requirements for
Grants and Cooperative Agreement § ^.14.
Section 1.07 Statutes and Standards of General Applicability, It is
Contractor's responsibility to review and comply with all applicable statutes, rules,
regulations, executive orders and policies. To the extent applicable to Contractor,
Contractor agrees to comply with the following:
a) The following statutes and DSHS policy that collectively prohibit
discrimination on the basis of race, color, national origin, limited English
proficiency, sex, sexual orientation (where applicable), disabilities, age, substance
abuse or religion: 1) Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000d
et seq.; 2) Title IX of the Education Amendments of 1972,20 U.S.C.A. §§ 1681-
1683, and 1685 -1686; 3) Section 504 of the Rehabilitation Act of 1973, 29
U.S.C.A. § 794(a); 4) the Americans with Disabilities Act of 1990,42 U.S.C.A. §§
12101 et seq.; 5) Age Discrimination Act of 1975, 42 U.S.C.A. §§ 6101 -6107: 6)
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, 42.U. S.C.A. § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86
and 91; 8) U.S. Department o Labor; Equal Employment Opportunity E.O. 11246,
as amended and supplemented; 9) TEx. LAB. CODE. ch. 21; and 10) DSHS Policy
AA -5018, Non-discrimination for DSHS Programs;
b) Drug Abuse Office and Treatment Act of 1972, 21 U.S.C.A. §§ 11.01 et
seq., relating to drug abuse;
C) Public Health Service Act of 1912, §§ 523 and 527, 42 U.S.C.A. § 290dd
2, and 42 C.F.R. pt. 2, relating to confidentiality of alcohol and drug abuse patient
records;
d) Title VIII of the Civil Rights Act of 1968, 42 U.S.C.A. §§ 3601 et seq.,
relating to nondiscrimination in housing;
e) Immigration Reform and Control Act of 1986, 8 U.S.C.A. § 1324a,
regarding employment verification;
f) Pro - Children Act of 1994, 20 U.S.C.A. §§ 6081 -6084, regarding the non-
use of all tobacco.products;
g) National Research Service Award Act of 1971, 42 U.S.C.A. §§ 289a -1 et
seq., and 6601 (P.L. 93 -348 and P.L. 103 -43), as amended, regarding human
General Provisions (Core Subrecipient 2008) 6/12/2007 2
subjects involved in research;
h) - Hatch Political .Activity Act, 5 U.S.C.A. §.§ 1501 -1508 and 7321 -26,
which limits the political activity of employees whose employment is funded with
federal funds;
i) . Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., and the
Intergovernmental Personnel Act of 1970, 42 U.S.C.A. §§ 4701 et seq., as
applicable, concerning minimum wage and maximum hours;
D TEx. GoVT CODE ch. 469 (Supp. 2004), pertaining to eliminating
architectural barriers for persons with disabilities;
k) Texas Workers' Compensation Act, TEX. LABOR CODE, chs. 401 -406 28
TEx. Amm. CODE pt. 2, regarding compensation for employees' injuries;
1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC §
263a, regarding the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood
Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code ch. 96
regarding safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq.,
Pertaining to the treatment of laboratory animals;
o) 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 Pollution 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 and, if applicable, flood insurance purchase requirements of Section 102(a).
of the Flood Disaster Protection Act of 1973 (P.L. 93 -234); 5) Assurance of project
consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972,16 USC §§ 1451 et seq; 6) Federal Water
Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-
300j; 8) Protection of endangered species under the Endangered Species Act of
1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10)
Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, 42 USC § §300f -330j; 11) Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting certain rivers system; and 12) Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) prohibiting the
use of lead -based paint in residential construction or rehabilitation;
P) Intergovernmental Personnel Act of 1970 (42 USC § §4278 -4763
regarding personnel merit systems for programs specified in Appendix A of the
federal Office of Program Management's Standards for a Merit System of
Personnel Administration (5 C.F.R. Part 900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property
General Provisions (Core Subrecipient 2008) 6/12/2007 3
Acquisition Policies Act of 1970 (P.L. 91 -646), relating to fair treatment of persons
displaced or whose property is acquired as -a result of Federal or federally- assisted
programs;
r) Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-1), the Copeland Act (40
U.S.C. § 276c and 18 U.S.C. § 874), and the. Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally -
assisted construction subagreements;
S) National Historic Preservation Act of 1966, §106 (16 U.S.C. § 470),
Executive Order 11593, and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§ 469a -1 et seq.) ' regarding historic property to the extent
necessary to assist DSHS in complying with the Acts;
t) Financial and compliance audits in accordance with Single Audit Act
.Amendments of 1996 and OMB Circular No. A =133, "Audits of States, Local
Governments, and Non -Profit Organizations;" and
U) requirements of any other applicable statutes, executive orders, regulations
and policies.
If this Contract is funded by a grant, additional requirements found in the Notice of
Grant Award are imposed on Contractor and incorporated herein by reference.
Section 1.08 General Provisions Applicable to Interagency and Interlocal
Contracts. Certain sections or portions of sections of these General Provisions shall
not apply to Contractors that are State agencies or units of local government; and
certain additional provisions shall apply to such Contractors.
a) The following sections or portions of sections of these General Provisions shall
not apply to interagency or interlocal contracts:
1) Hold Harmless;
2) Independent Contractor (delete the third sentence in its entirety; delete the
word "employees" in the fourth sentence; the remainder of the section. applies);
3) Insurance and Bonding;
4) Liability Coverage;
5) Fidelity Bond;
6) Board Training; and
7) Historically Underutilized Businesses (Contractor, however, shall comply
with HUB requirements of other statutes and rules specifically applicable
to that entity).
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interagency Cooperation Act, Gov.
Code Chapter 771.
2) The parties hereby certify that (1) the services specified are necessary and
essential for the activities that are properly within the statutory functions
and programs of the affected agencies of State government; (2) the
proposed arrangements serve the interest of efficient and economical
administration of the State government, and (3) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the
General Provisions (Core Subrecipient 2008) 6/12/2007 4
Constitution of the State of Texas to be supplied under contract .given to the
lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract.granted in
Health and Safety Code Chapter 1001, and Contractor certifies that it has
specific statutory authority to enter into and perform this Contract.
(c) The following additional provisions shall apply. to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interlocal Cooperation Act, Gov.
Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues
available to DSHS.
3) Each party represents that it has been authorized to enter into this
Contract.
(d) Contractor agrees that Contract Revision Requests, when signed by a duly
authorized representative of Contractor, shall be effective as of the effective date
specified by the Department, whether that date is prior to or after the date of any
ratification by Contractor's governing board.
ARTICLE 1I SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable,
Contractor shall ensure that all persons, who are housed in Department licensed
and/or funded residential facilities and who are twenty -two (22) years of age or
younger, have access to educational services as required by TEX. EDuc. CODE §
29.012. Contractor shall notify the local education agency or local early
intervention program as prescribed by TEX. EDuc. CoDE §29.012 not later than the
third calendar day after the date a person who is twenty -two (22) years of age or.
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal
emergency, including natural, man -made, criminal, terrorist, and/or bioterrorism
events, declared as a state disaster by the Governor, or a federal disaster by the
appropriate federal official,' Contractor may be called upon to assist DSHS in
providing services, as appropriate, in the following areas: community evacuation,
health and medical assistance; assessment of health and medical. needs; health
surveillance; medical care personnel; health and medical equipment and supplies;
patient evacuation; in- hospital care and hospital facility status; food, drug, and
medical device safety; worker health and safety; mental health and substance abuse;
public health information; vector control and veterinary services; and victim
identification and mortuary services. Disaster services shall be. carried out in the
manner most responsive to the needs of the emergency, be cost effective, and be
least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or
through contracts with subcontractors, the treatment of a minor shall be provided
only if consent to treatment is obtained pursuant to TEx. FAM. CODE, Chapter 32
General Provisions (Core Subrecipient 2008) 6/12/2007 5
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relating to consent to treatment of a child by a non - parent or child or pursuant to
other state law. If requirements of federal law relating to consent directly conflict
with TEX. FAm. CODE, Chapter 32, federal law shall supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a
provider uses telemedicine /telepsychiatry that the services are implemented in
accordance with written procedures and using protocol approved by the
Contractor's medical director and utilizing equipment that complies with the
equipment standards as required by the Department. Procedures of telemedicine
service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated
physician responsible for medical leadership;
b) . contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by
telemedicine at the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and
federal laws;
e) use by credentialed licensed providers providing clinical care within the scope
of their licenses;
f) demonstrated competency in the operations of the system by all staff members
who are involved in the operation of the system and provision of the services prior
to initiating the protocol;
g) priority in scheduling the system for clinical care of individuals;
h) - quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that
ensures timely access to accurate information between the two sites.
Telemedicine Medical Services does not include treatment services provided by
electronic means under Rule §448.911.
Section 2.05 Fees. for Personal Health Services. Contractor may develop a
system and schedule of fees for personal health services in accordance with the
provisions of Health and Safety Code §12.032, DSHS Rule §1.91 covering. Fees for
Personal Health Services, and other applicable laws or grant requirements. The
amount of a fee shall not exceed the actual cost of providing the services. No
patient may be denied a service due to. inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. Contractor shall make
needed medications available: to clients at the lowest possible prices and .use the
most cost effective medications purchasing arrangement possible.
ARTICLE III FUNDING
Section 3.01 Debt to State and Corporate Status. Pursuant to TEX. Gov'T.
CODE § 403.055, the Department will not approve and the State Comptroller will
not issue payment to Contractor if Contractor is indebted to the State for any reason,,.
General Provisions (Core Subrecipient 2008) 6/12/2007 6
including a tax delinquency. Contractor, if a corporation, certifies by execution of
this Contract that it is current and will remain current in its payment of franchise
taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Texas Tax Code § §171.001 et seq, as amended). Contractor, if a
corporation, further certifies that it is and will remain in good standing with the
Secretary of State's office. A false statement regarding franchise tax or corporate
status is a material breach of this Contract. If franchise tax payments become
delinquent during the Contract term, all or part of the payments under this Contract
may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any
payments due under this Contract will be applied towards any debt, including but
not limited to delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department
funds only for the provision of approved services and for reasonable and allowable
expenses directly related to those services.
Sectiom3.04 Use for Match . Prohibited. Contractor agrees funds provided
through this Contract shall not be used for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from
Department funds through a project or activity performed under a Program
Attachment and/or earned only as a result of a Program Attachment during the term
of the Program Attachment are considered program income. Unless otherwise
required under the terms of the grant funding this Contract, the addition alternative,
as provided in UGMS § _125(g)(2), for the use of program income shall be used by
Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the. same
Program Attachment project in which it was generated. Contractor shall identify
and report this income in accordance with the Compliance and Reporting Article of
these General Provisions and the Special Provisions of the Program Attachment(s).
Contractor shall expend program income during. the Program Attachment term 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 DSHS. DSHS may base future
funding levels, in part, upon . Contractor's proficiency in identifying, billing,
collecting, and reporting program income, and in .utilizing it for the purposes and
conditions set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from
this Contract to replace or substitute existing funding from other sources that also
supports the activities that are the subject of this Contract) but rather shall use funds
from this Contract to supplement existing state or local. funds currently available for
a particular activity. Contractor shall make a good faith effort to maintain its current
level of support. Contractor may be required to submit documentation
General Provisions (Core Subrecipient 2008) 6/12/2007 7
substantiating that a reduction in local funding, if any, resulted for reasons other
than receipt or expected receipt of funding under this Contract.
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS.
Section 4.01 Payment Methods. Except as otherwise provided by the Special
Provisions of this Contract, the payment method for each program shall be one of
the following :methods:
(a) . cost reimbursement. This payment method is based on an approved
budget in the Program Attachment(s) and successful submission of a. request for
reimbursement;
(b) unit rate. This payment method is based on the set unit rate stated in the
Program Attachment(s) and successful submission of all required forms; or
(c) fee- for - service. This payment method is based on the agreed fee stated in
the Program Attachment(s) and successful submission of all required forms.
Section 4.02 Billing Submission. Contractors shall bill the Department in
accordance with the Program Attachment(s) in the form and format. prescribed by
DSHS. Unless otherwise specified in the Program Attachment(s), Contractor shall
submit requests for reimbursement or payment - monthly within thirty (30) calendar
days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the
Department, Contractor shall submit a reimbursement or payment request as a final
close -out bill not later than sixty (60) calendar days following the end of the term of
the Program Attachment for goods received and services rendered during the term.
If necessary to meet this deadline, Contractor may submit reimbursement or
payment requests by facsimile transmission. Reimbursement or payment requests
received in DSHS's offices more than sixty (60) calendar days following the end of
the applicable term will be denied. Consideration of requests for an exception will
be made on a case -by -case basis subject to the availability of funding.
Section 4.04 Working Capital Advance. If allowed under the Contract, a
single one -time working capital advance per term of the Program Attachment may
be granted at the Department's discretion. Contractor must submit documentation
to the Division Contract Management Unit assigned to the Program Attachment to
justify the need for a working capital advance. The working capital advance must
be liquidated as directed by the Department. The requirements for the
documentation justifying the need for an advance and the directions for liquidating
the advance are found in the Contractor's Financial Procedures Manual located at
h- tp: / /www dshs.state.tx.us /contracts.
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided,
for contracts with categorical budgets, Contractor shall submit quarterly FSRs to
Accounts Payable by the thirtieth calendar day of the month following the end of
each quarter of the Program Attachment term for Department review and financial
assessment. The final FSR must be submitted not later than 60 days following the
General Provisions (Core Subrecipient 2008) 6/12/2007 8
end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity
who has the legal responsibility for paying for all or part of the services provided,
including commercial health or liability insurance carriers, Medicaid, or other
federal, state, local, and private funding sources. Except as provided in the
Contract, Contractor shall screen all clients and shall not bill the Department for
services eligible for reimbursement from third party payors. Contractor shall: (a)
enroll as a provider in Children's Health Insurance Plan and Medicaid if providing
approved services authorized under the Contract that may be covered by those
programs, and bill those plans for the covered services; (b) provide assistance to
individuals to enroll in such programs when the screening process indicates possible
eligibility for such programs; (c) allow clients that are otherwise eligible for
Department services, but cannot pay a deductible required by a third party payor, to
receive services up to the amount of the deductible and to bill the Department for
the deductible; (d) not bill the Department for any services eligible for third party
reimbursement until all appeals to third party payors have been exhausted; (e)
maintain appropriate documentation from the third party payor reflecting attempts
to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and
(g) provide third party billing functions at no cost to the client..
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice
pursuant to this Contract, Department will pay Contractor. Payments and
reimbursements are contingent upon a signed Contract and will not exceed the total
of authorized funds under this Contract. Contractor is entitled to payment or
reimbursement only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. If those
conditions are met, Department will make payment in accordance with the Texas
prompt payment law (TEx. GOVT. CODE, Chapter 2251). Contractor must comply
with TEx. GOV'T. CODE, Chapter 2251 regarding its prompt payment obligations to
subcontractors. Payment of invoices by the Department shall not constitute
acceptance or approval of Contractor's performance, and all invoices and
Contractor's performance is subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of
any payments to Contractor to offset reimbursement for any ineligible expenditures
or overpayments that Contractor has not refunded to Department, or if financial
status report(s) required by the Department are not submitted by the date(s) .due.
Department may take repayment from funds available under this Contract, active or
expired, in amounts necessary to fulfill Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall
disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including any
General Provisions (Core Subrecipient 2008) 6/12/2007 9
advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees
for Personal Health Services section, Contractor shall accept reimbursement or
payment from DSHS as payment .in full for services or goods provided to clients,
and Contractor agrees to not seek additional reimbursement or payment for services
or goods from clients.
ARTICLE VI - ALLOWABLE COSTS AND AUDIT
REQUIREMENTS
Section 6.01 Independent Audit. If Contractor within Contractor's fiscal year
expends a total amount of at least $500,000 in state funds awarded or at least
$500,000 in federal funds awarded, Contractor must have a single audit or program-
specific audit in accordance with. the Office of Management and Budget' (OMB)
Circ. No. A -133, the Single Audit Act of 1984, Pub. L. 98 -502, 98 Stat. 2327, and
the Single Audit Act Amendments of 1996, Pub. L. 104 -156, 110 Stat. 1396. The
$500,000 federal threshold amount includes federal funds passed through by way of
state agency awards. The audit shall be conducted by an independent certified
public accountant and in accordance with applicable OMB Circulars, Government
Auditing Standards, and Uniform Grant Management Standards (UGMS) located
on the Internet at
.doc. Contractor shall procure audit services in compliance with state procurement
procedures, as well as with the provisions of UGMS. Contractor, unless Contractor
is a local government, shall not use the same accountant or accounting firm to
conduct the independent audit for more than five consecutive years.
Section 6.02 Allowable Costs. For services. satisfactorily performed: pursuant
to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor
must have incurred a cost within the applicable term to be eligible for
reimbursement under this Contract and prior to claiming reimbursement. DSHS.
shall determine whether costs submitted by Contractor are allowable and
reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible
costs, Contractor shall return the funds to DSHS within thirty (30) calendar days of
written notice. DSHS may withhold all or part of any payments to Contractor to
offset reimbursement for any ineligible expenditures that Contractor has not
refunded to DSHS, or if financial status report(s) required under the Financial
Status Reports Section are not submitted by the. date(s) due. DSHS may take
repayment from funds available under any term of the Contract, active or expired,
in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost
principles, audit requirements, and administrative requirements include:
General Provisions (Core Subrecipient 2008) 6/12/2007 10
Applicable Entity
Applicable Cost Principles
Audit Requirements
Administrative
Requirements
State, Local and
OMB Circular A -87
OMB Circular A -133
UGMS, OMB
Tribal
and UGMS
Circular A -102,
Governments
and applicable
Federal awarding
agency common
rule
Educational
OMB Circular A -21
OMB Circular A -133
OMB Circular
Institutions
and UGMS
A -110 and
applicable
Federal awarding
agency common
rule
Non - Profit
OMB Circular A -122
OMB Circular A -133
UGMS; OMB
Organizations
and UGMS
Circular A -110
and applicable
Federal awarding
agency common
rule
For -profit
48 C.F.R. Part 31,
Program audit
UGMS and
Organization other
Contract Cost Principles
conducted by an
applicable
than a hospital and
Procedures, or uniform
independent certified
Federal awarding.
an organization
cost accounting standards
public accountant in
agency common
named in OMB
that comply with cost
accordance with
rule
Circular A -122 as
principles acceptable to the
Governmental
not subject to that
federal or state awarding
Auditing Standards.
circular.
agency
OMB Circulars will be applied with the modifications prescribed by UGMS with
effect given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Section 6.03 Submission of Audit.. Within thirty (30) calendar days of receipt
of the audit reports required by this section, Contractor shall submit one copy to the
Department's Contract Oversight and Support Section, and one copy to the Texas
Health and Human Services Commission (HHSC), Office of Inspector General
(OIG), at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
1100 West 49th St.
Austin Texas 78756 -3199
Texas Health and Human Services Commission
Office of Inspector Gene_ ral
Compliance /Audit Mail Code 1326
General Provisions (Core Subrecipient 2008) 6/12/2007 11
P.O. Box 85200
Austin, Texas 78708 -5200
ARTICLE VII CONFIDENTIALITY.
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the
privacy and confidentiality of information and records received during or related to
the performance of this Contract, including patient and client records that contain
protected health information (PHI), and any other information that discloses
confidential personal information or identifies any client served by DSHS, in
accordance with . applicable federal and state law and Rules, including - but not
limited to 7 CFR Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164; Health and
Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576,
577, 5963, 611, and 773; and Occupations Code, Chapters 56 and 159 and all
applicable Rules.
Section 7.02 Use of PHI. If Contractor is subject to HIPAA privacy regulations
At 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as
defined in 45 CFR §164.501, only to carry out Contractor's duties under this
Contract in accordance with the regulations. When using or disclosing PHI or when
requesting PHI from another entity, Contractor must make reasonable efforts to
limit the PHI to the minimum necessary to accomplish the intended purpose of the
use, disclosure or request.
Section 7.03 Disclosure to Department. Contractor is required to disclose PHI
of patients or clients provided services funded through this Contract and other
confidential information to ,Department upon request, or as otherwise required in
other contract provisions or laws governing the release of client records or other
confidential information.
Section 7.04 , Department Access to PHI. Contractor shall cooperate with.
Department to allow Department to request, collect and receive PHI under this
Contract, without the consent of the individual to whom the PHI relates, for
funding, payment and administration of the grant program, and for purposes .
permitted under applicable state and federal confidentiality and privacy laws,
including the Health Insurance Portability and Accountability Act ( HIPAA) and the
Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at §
164.512, and TEX. OCC. CODE ch. 159, at §§ 159.003 and 159.004.
Section 7.05 Exchange of Client Identifying Information. Except as
prohibited by other law, Contractor and DSHS shall exchange PHI without the
consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and
Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable Iaw
or rules. Contractor shall disclose information described in Health and Safety Code
§ 614.017(a)(2) relating to special needs offenders, to an agency described in
Health and Safety Code §614.017(c) upon request of that agency; unless Contractor
documents that the information is not allowed to be disclosed under 45 CFR Part
General Provisions (Core Subrecipient 2008) 6/12/2007 12
164 or other applicable law.
Section 7.06 Security of Patient or Client Records. Contractor must maintain
patient and client records in compliance with state and federal law relating to
security and retention of medical or mental health and substance abuse patient
records. Department may require Contractor to transfer original or copies of patient
and client records to Department, without the consent or authorization of the patient
or client, upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if the care and treatment of the individual patient or
client is transferred to another entity. Prior to providing services funded under this
Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer- copies of patient or client records to another entity
funded by DSHS upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-
funded contractor.
Section 7.07 HIV /AIDS Model. Workplace Guidelines. If providing direct
client care, services, or programs, Contractor shall implement Department's policies
based on the HIV /AIDS (human immunodeficiency virus /acquired
immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State
Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate
employees and clients concerning HIV and its related conditions, including AIDS,
in accordance with the TEx. HEALTH & SAFETY CODE § 85.112 -114. A link to the
Model Workplace Guidelines - can be found at
http: / /www.dshs. state. tx. us /bivLd/policy_ /pdf /090021.pdf.
ARTICLE VIII RECORDS RETENTION.
Section 8.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
http: / /www.dshs. state .tx.us /records/schedules.shtin Department Rules and other
applicable state and federal statutes and regulations governing medical, mental
health, and substance abuse information. At a minimum Contractor shall retain and
preserve all other records, including financial records that are generated or collected
by Contractor under the provisions of this Contract, for a period of four (4) years
after the termination of the Contract. If services are funded through Medicaid, the
federal retention period, if more than four (4) years, shall apply. Contractor shall
retain all records pertaining to this Contract that are the subject of litigation or an
audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention
schedules established in this section. Contractor shall retain medical records in
accordance with Tex Admin Code Title 22, Part 9, §165.1(b) and (c) or other
applicable statutes and regulations governing medical information. Contractor shall
ensure that this provision concerning records retention is included in any
subcontract it awards. If Contractor ceases business operations, it shall ensure that
records relating to the Contract are securely stored and are accessible by the
Department upon Department's request for at least four years from the date
General Provisions (Core Subrecipient 2008) 6/12/2007 13
Contractor ceases business or from the termination date of the Contract, whichever
is sooner. Contractor shall provide the name and address of the party responsible for
storage of records to the Division Contract Management ' Unit assigned to the
Program Attachment.
ARTICLE IX ACCESS AND INSPECTION.
Section 9.01 Access. In addition to any right of access arising by operation of
law, Contractor, and any of Contractor's affiliate or subsidiary organizations or
subcontractors shall permit the Department or any of its duly authorized
representatives, as well as duly authorized federal, state or local authorities,
including the Comptroller General of the United States, Office of the Inspector
General at.HHSC (OIG), and the State Auditor's Office (SAO), unrestricted access
to and the right to examine any site where business is conducted and all records
(including client and patient records, if any), books, papers or documents related to
the Contract. If deemed necessary by the Department or the OIG, for the purpose of
investigation or hearing, Contractor shall produce original documents related to the
Contract. Further, Contractor will ensure that information collected, assembled or
maintained by the Contractor relative to this Contract is available to the Department
for the Department to respond to requests that it receives under the Public
Information Act. The Department and HHSC will have the right to audit billings
both before and after payment. Payments will not foreclose the right of Department
and HHSC to recover excessive or illegal payments. Contractor will ensure that this
provision concerning the right of access to, and examination of, information related
to the Contract is included in any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all
records, books, papers, documents, or recordings related to this Contract available
for inspection, audit, or reproduction during normal business hours to any
authorized representative of the SAO. The Contractor understands that the
acceptance of funds under this Contract acts as acceptance of the authority of the
SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The Contractor further agrees to cooperate fully with the SAO or
its successor in the conduct of the audit or investigation, including providing all
records requested, and providing .access to any information the SAO considers
relevant to the investigation or. audit. Contractor will ensure that this provision
concerning the authority to audit funds will apply to funds received indirectly by
subcontractors through the Contractor, and the requirement to cooperate, is included
in any subcontract it awards.
Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS
or HHSC upon examination of Contractor's records will be conveyed in writing to
Contractor. Contractor will submit, by the date prescribed by DSHS, a resolution to
the deficiency in a program review or management or financial audit to the
satisfaction of DSHS. A DSHS or HHSC determination of either an inadequate or
inappropriate resolution of the findings tray result in contract remedies or sanctions
under the Breach of Contract and Remedies for Non - Compliance Article of these
General Provisions (Core Subrecipient 2008) 6/12/2007 14
General Provisions.
ARTICLE X NOTICE REQUIREMENTS.
Section 10.01 Child Abuse Reporting Requirement. -This section applies to
mental health and substance abuse contractors and contractors for the following
public health programs: HIV /STD; Family Planning (Titles V, X and XX); Primary
Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor
shall make a good faith effort to comply with child abuse reporting guidelines and
requirements in TF-x. FAM. CODE ch. '261 relating to investigations of reports of
child abuse and neglect.. Contractor shall develop, implement and enforce a written
policy that includes ' at a minimum the Department's Child Abuse Screening,
Documenting, and Reporting Policy for Contractors/Providers and train all staff on
reporting requirements. Contractor shall use the Checklist for Monitoring as
required by the Department located at www.dshs. state .tx.us /childabusgmyorting.
Contractor shall retain reporting documentation on site and make it available for
inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate
authorities, Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment significant incidents involving substantial
disruption of program operation or potentially affecting Department funded clients
or participants within seventy -two (72) hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment of litigation related to or
affecting this Contract and to which Contractor is a party within seven (7) calendar
days of becoming aware of such a proceeding. This includes, but is not limited to
an action, suit or proceeding before any court or governmental body, including
environmental and civil rights matters, professional liability, and employee
litigation. Notification shall include the names of the parties, nature of the litigation
and remedy sought, including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the
Division Contract Management Unit assigned to the Program Attachment if
Contractor has had a contract suspended or terminated for cause by any local, state
or federal department or agency or nonprofit entity. Such notification shall include
the reason for such .action that includes the name and contact information. of the
local, state or federal department or agency or entity, the date of the contract, and
the contract or case reference number. If the Contractor, as an organization, has
surrendered its license or has had its license suspended or revoked by any local,
state or federal department or agency or non -profit entity, it shall disclose this
information to the Department by submitting a one page description of the reason(s)
for such action that includes the name and contact information of the local, state or
federal department or agency, or entity, the date of the license action, and a license
or case reference number.
General Provisions (Core Subrecipient 2008) 6/12/2007 .15
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of Contractor's insolvency,
incapacity,. or outstanding unpaid obligations to the internal Revenue Service (IRS)
or Texas Workforce Commission (TWC) within three (3) working days of the date
of determination that Contractor is insolvent, incapacitated; or the date Contractor
discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in
writing the Division Contract Management Unit assigned to the Program
Attachment of its plan to seek bankruptcy protection within three (3) working days
of such action by the Contractor's board of directors.
Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract
Management Unit assigned to the Program Attachment and to the State Auditor's
Office (SAO), any knowledge of debarment, 'suspected fraud, program abuse,
possible illegal expenditures, unlawful activity, or violation of financial laws, rules,
policies and procedures related to performance under this Contract. Contractor
'shall make such report no later than three (3) working days from the date that the
Contractor has knowledge or reason. to believe such activity has taken place.
Contractor shall make the report to the SAO at (800) TX- AUDIT, or by Internet at
httD://www.sao.state.tx.us.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor shall notify
in writing the Division Contract Management Unit assigned to the Program
Attachment if it has reason to believe Contractor, or a person with ownership or
controlling interest in the organization or who is an agent or managing employee of
the organization, an employee or volunteer of Contractor, or a subcontractor has
engaged in any activity that would constitute a criminal offense equal to or greater
than a Class A misdemeanor or if such activity would reasonably constitute grounds
for disciplinary action by a state or federal regulatory authority, or has been placed
on community supervision, received deferred adjudication, or been convicted of a
criminal offense relating to involvement iri any financial matter, federal or state
program or felony sex crime. Contractor shall make the reports required by this
section no later than three (3) working days from the date that the Contractor has
knowledge or reason to believe such activity has taken place.
Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any
person who reports a violation of, or cooperates with an investigation regarding,
any applicable law, rule, or standard to the SAO, the Department, another state
agency, or any federal, state or local law enforcement official.
Section 10.09 Documentation. Contractor shall maintain appropriate
documentation of all notices.
ARTICLE XI ASSURANCES AND CERTIFICATIONS.
Section 11.01 Certification. Contractor certifies by execution of this Contract to
the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 16
a) it is not ineligible for participation in federal or state assistance
programs;
b) 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 or state department
or agency;
c) it has not knowingly failed to pay a single substantial debt or a
number of outstanding debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against
Contractor for collection of the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have
a contracting or regulatory relationship with_ Contractor; and
f) that no person who has an ownership or controlling interest in
Contractor or who is an agent or managing employee of Contractor has
been convicted of a criminal offense related to involvement in any
program established under Medicare, Medicaid, or a federal block grant.
Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit
assigned to the Program Attachment. If Contractor's status with respect to the items
certified above changes during the Contract, Contractor shall-immediately notify the
Division Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by TEX.FAM.CODE §
231.006, a child support obligor who is more than thirty (30) calendar days
delinquent in paying child support and a business entity in which the obligor is a
sole proprietor, partner, shareholder, or owner with an ownership interest of at least
twenty -five percent (25 %) is not eligible to receive payments from state funds
under a contract to provide property, materials, or services or receive a state - funded
grant or .loan. if applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the
payments specified in this Contract, and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority
to contract for the services set forth in this Contract and that a resolution, motion or
similar action has been duly adopted or passed as an official act of the Contractor's
governing body, authorizing the binding of the organization under this Contract
including all understandings and assurances contained in this Contract, and
directing and authorizing the person identified as the authorized representative of
the Contractor to act in connection with the Contract and to provide such additional
information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not
given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, present or future employment, gift, loan, gratuity, special discount,
General Provisions (Core Subrecipient 2008) 6/12/2007 17
trip, favor, service or anything of monetary value to a DSHS or HHSC official or
employee in connection with this Contract.
Section 11.05' Ineligibility to Receive the Contract Pursuant to TEX. GOVT.
CODE Section § 2155.004 and federal law, Contractor is ineligible to receive this
Contract if the Contract includes financial participation by a person who received
compensation from DSHS to participate in developing, drafting or preparing the.
specifications, requirements, statement(s) of work or Solicitation Document on
which this Contract is based. Contractor certifies that neither Contractor, nor its
employees, nor anyone acting for the Contractor has 'received compensation from
DSHS for participation in the development, drafting or preparation of
specifications, requirements or statement(s) of work for this Contract or in the
Solicitation Document on which this Contract is based. Contractor further certifies
that the individual or business entity named in this Contract is not ineligible to
receive the specified Contract. Contractor- acknowledges that this Contract may be
terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Pursuant to 15 U.S.C.A. Sec. 1, et seq. and TEX. BUS. &
COMM. CODE Section § 15.01, et seq. Contractor certifies that neither Contractor,
nor anyone acting for the Contractor has violated the antitrust laws of this state or
federal antitrust laws, nor communicated directly or indirectly regarding the bid
with any competitor or any other person engaged in such line of business for the
purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it
shall initiate and complete the work under the Contract within the applicable time
frame prescribed in the Contract.
ARTICLE X11 GENERAL BUSINESS OPERATIONS OF
CONTRACTOR
Section 12.01 Board Training. if they have not already done. so within the
preceding two (2) years, a majority of the board of directors of Contractor shall
review the Department's board training in the format provided by the Department
and shall verify in writing to the DSHS Contract Oversight and Support Section that
the review took place. Written verification shall be submitted no later than the end
of the first ' quarter of the Contract and shall be in the form required by the
Department. This review shall be completed at least every two (2) years of
consecutive funding from the Department, except that each member of the
governing board of a Contractor that provides mental health services shall complete
the board training review initially and then annually. The training may be viewed
through the Contractor Board Training link on the DSHS website at
hLtp-,//www.dshs.state.tx:us/contractor.shtin.
Section 12.02 Duty of Compliance. Contractor and its governing board, shall bear
full responsibility for the integrity of the fiscal and programmatic management of
the organization. This provision applies to all organizations, including Section
General Provisions (Core Subrecipient 2008) 6/12/2007 18
501(6)(3) organizations as defined in the Internal Revenue Service Code as not -for-
profit organizations. The responsibility of Contractor's governing board shall
include: accountability for all funds and materials received. from Department;
compliance with Department Rules, policies, procedures, and applicable federal and
state laws and regulations; and correction of. fiscal and program deficiencies
identified through self - evaluation and Department's monitoring processes. Further,
Contractor's governing board shall ensure separation of powers, duties, and
functions of board members and staff. Staff members, including the executive
director, shall not serve as voting members of the Contractor's governing board.
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.
Section 12.03 Management and Control Systems. Contractor shall maintain an
appropriate contract administration system to insure that - all terms, conditions, and
specifications are met. Contractor shall develop, implement, and maintain financial
management and control systems that meet or exceed the requirements of.UGMS
and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual available at the Department's web site:
http : / /www.dshs.state.tx.us /contracts. 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 Program Attachment of this Contract, and.
that support the information contained in required financial reports; and
cost source documentation; and
c) effective internal and budgetary controls; determination of
reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection
policies; and a mechanism capable of billing and making reasonable
- - -- efforts to collect from clients and third parties.
Section 12.04 Insurance and Bonding. Contractor shall maintain insurance or
other means of replacing assets purchased with Department funds.
Section 12.05 Fidelity Bond. Contractor is required to carry a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up
to $100,000 that covers each employee of Contractor handling funds under this
Contract, including person(s) authorizing payment of such funds. The fidelity bond
or insurance shall provide for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of Contractor's employees,
either individually or in concert with others, and/or (2) failure of Contractor or any
of its employees to perform faithfully his/her duties or to account properly for all
General Provisions (Core Subrecipient 2008) 6/12/2007 19
monies and property received by virtue of his/her position or employment
Section 12.06 Liability Coverage. Contractor shall also maintain liability
insurance coverage, referred to in TEx. GOv'T. CODE § 2261.102, as . "director and
officer liability coverage," where Contractor is a legal entity that' is required to have
directors and/or officers. This provision applies to entities that are organized as
non -profit corporations under the Texas Non -Profit Corporation Act; for-profit
corporations organized under the Texas Business Corporations Act; and any other
legal entity that is required under Texas law to have directors and/or. officers.
Contractor shall maintain liability insurance coverage in an amount not less than the
total value of this Contract and that is sufficient to protect: the interests of
Department in the event an actionable act or omission by a director or officer of
Contractor damages Department's interests:
Section 12.07 Overtime Compensation. Except as provided in this section,
Contractor shall not use any of the funds provided by this Contract to pay the
premium portion of overtime. Contractor shall be responsible for any obligations of
premium overtime pay due employees. Premium overtime pay is defined as any
compensation paid to an individual in addition to the employee's normal rate of pay
for hours worked in excess of normal working hours. Funds provided under this
Contract may be used to pay the premium portion of overtime only under the
following conditions: 1) with the prior approval of DSHS; 2) temporarily, in the
case of an emergency or an occasional operational bottleneck; 3) when employees
are performing indirect functions, such as administration, maintenance, or
accounting; 4) in performance of tests, laboratory procedures, or similar operations
that are continuous in nature and cannot reasonably be interrupted or otherwise
completed; or 5) when lower overall cost to DSHS will result.
Section 12.08 Program Site. All Contractors shall ensure that the location where
services are provided is in compliance with all applicable local, state and federal
zoning, building, health, fire, and safety standards.
Section 12:09 Cost Allocation Plan. Contractor shall submit a Cost Allocation
Plan in the format provided in the Department's Contractor's Financial Procedures
Manual to the Department's Contract Oversight and Support Section at Mail Code
1326, 1100 W. 49'. St. Austin, Texas 78756, except under the circumstance where
a Contractor has a current Cost Allocation Plan on file with the Department.
Contractor shall implement and follow the applicable Cost Allocation Plan. If
Contractor's plan is the same as in the previous year, by signing this Contract,
Contractor certifies that its current Cost Allocation Plan for the current year is the
same as that submitted to DSHS for the previous year. In the event. that the Cost
Allocation Plan changes during the Contract term, Contractor must submit a new
Cost Allocation Plan to the Contract Oversight and Support Section within 30
calendar days after the effective date of the change. Cost Allocation Plan must
comply with the guidelines provided in the Department's Contractor's Financial
Procedures Manual located at http://www.dshs.state.tx.us/contracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 20
Section 12.10 Reporting for Unit Rate and Fee For Service Contracts.
Contractor shall submit reports concerning unit rate and fee -for- service contracts to
the Department. in accordance with the requirements stated in the Department's
Contractor's Financial Procedures Manual located at
hqp:/ /www.dshs.state.tx.us /contracts.
Section 12.11 Historically Underutilized Businesses (k"s). If Contractor was
not required to submit a HUB subcontracting plan and if subcontracting is permitted
under this Program Attachment, Contractor is encouraged to make a good faith
effort to consider subcontracting with . HUBs as set forth in- TEX. GOVT CODE eh.
2161 and 1 TEX ADM. CODE § 111.12. Contractors may obtain a list of HUBs at
http: / /www.tbM.state.tx.us. If Contractor has filed a HUB subcontracting plan, the
plan is incorporated by reference in this Contract. If Contractor desires to make a
change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan before proposed changes will be effective
under the Contract. Contractor agrees to make a good faith effort to subcontract
with HUBs during the ' performance of this Contract and will report HUB
subcontract activity to the Department's HUB Coordinator by the 15a' day of each
month for the prior month's activity, if there was any such activity, in accordance
with 1 TEX. ADM CODE §111.16(c).
Section 12.12 Buy Texas. Contractor shall purchase products and materials
produced in Texas when the products and materials are available at a price and time
comparable to products and materials produced outside of Texas as required by
TEx. GOVT CODE § 2155.4441.
Section 12.13 Contracts with Subrecipient Subcontractors. Contractor may
enter into contracts with Subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into an agreement
equaling $25,000 or twenty -five percent (25 %) of a Program Attachment amount,
whichever is greater, Contractor shall obtain written approval from DSHS.
Contracts with subcontractors shall be in writing and include the following:
a) Name and address of all parties;
b) A detailed description of the services to be provided;
c) Measurable. method and rate of payment and total amount of contract;
d) Clearly defined and executable termination clause;
e) Beginning and ending dates that coincide with the dates of the applicable
Program Attachment(s) or cover a term within the beginning and ending dates
of the applicable Program Attachment(s); -
fl Access to inspect the work and the premises on which any work is performed,
in accordance with the Access and Inspection Article in these General
Provisions; and
General Provisions (Core Subrecipient 2008) 6/12/2007 21
g) A copy of these General Provisions and a copy of the Statement of Work and
any Special Provisions in the Program Attachment(s) applicable to the
subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor.
Contractor shall monitor both financial and programmatic performance and
maintain pertinent records that shall be available for inspection by DSHS.
Contractor shall ensure that subcontractors are fully aware of the requirements
placed upon them by gate/federal statutes and regulations and under this Contract.
Contractor shall not contract with a subcontractor, at any tier, that is debarred or
suspended or excluded from "or ineligible for participation in federal assistance
programs.
Section 12.14 Status of Subcontractors. Contractor shall require that all
subcontractors certify that they are in good standing with all state and federal
funding and regulatory agencies; are not currently debarred, suspended, or
otherwise excluded from participation in federal grant programs; are not delinquent
on any repayment agreements; have not had a required license or certification
revoked; and have not had a contract terminated by the Department. Contractors
shall further require that subcontractors certify that they have not voluntarily
surrendered within the past three (3) years any license issued by the Department.
Section 12.15 Incorporation of Terms. Contractor shall ensure that all written
agreements with subrecipient subcontractors incorporate the terms of this Contract,
and provide that the subcontractor is subject to audit.. by DSHS, HHSC and.the
SAO.
Section 12.16 Independent Contractor.. Contractor is an independent contractor.
Contractor shall direct and be responsible for the performance of its employees,
subcontractors, joint venture participants or agents. Contractor is not an agent or
employee of the Department or the State of Texas for any purpose whatsoever. For
purposes of this Contract, Contractor acknowledges that its employees,
subcontractors, joint venture participants or agents will not be eligible for
unemployment compensation from the Department or the State of Texas.
Section 12.17 Authority to Bind. The person or persons signing and executing
this Contract on behalf of Contractor, or representing themselves as signing and
executing this Contract on behalf of Contractor, warrant and guarantee that they
have been duly authorized by Contractor to execute this Contract for Contractor and
to validly and legally bind Contractor to all of its terms.
Section 12.18 Tax Liability. Contractor shall comply with all state and,federal tax
laws and is solely responsible for filing all required state and federal tax forms and
making all tax payments. In the event that the Department discovers that
Contractor has failed to remain current on a delinquent liability to the IRS, the
Contract will be subject to remedies and sanctions under this Contract, including
immediate termination at the Department's discretion. In the event of Contract
General Provisions (Core Subrecipient 2008) 6/12/2007 22
termination under this section, the Department will not enter into a Contract with
Contractor for three (3) years from the date of termination.
Section 12.19 Notice of Organizational Change. Contractor shall submit
written notice to the Division Contract Management Unit assigned to the Program
Attachment within ten.business days of any change to the following: Contractor's
name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to the Contract in accordance
'with the Amendments section of these General Provisions.
Section 12.20 Quality Management. Contractor shall comply with quality
management requirements as directed by the Department.
Section 12.21 Equipment and Controlled Assets Purchases. Equipment means
an article of nonexpendable, tangible personal property having a useful lifetime of
more. than one year and an acquisition cost of $5,000 or more. Contractor must
inventory equipment, and controlled assets, which include firearms regardless of the
acquisition cost, and the following assets with an acquisition cost of $500 or more:
desktop and laptop computers, non - portable printers and copiers, emergency
management, equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement
payment method shall comply with the requirements of the provisions in this
Article concerning equipment. If purchase of equipment is approved in writing by
the Department, Contractor is required to initiate the purchase of that equipment in
the first quarter of the Contract or Program Attachment term, as applicable. Failure
.to initiate the purchase of equipment may result in loss of availability of funds for
the purchase of equipment. Requests to purchase previously approved equipment
after the first quarter of the Program Attachment must be submitted to the Division
Contract Management Unit assigned to the Program Attachment.
Section 12.22 Supplies. Supplies are defined as consumable items necessary to
carry out the services under this Contract 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.
Section 12.23 Changes to Equipment List. All items of equipment purchased
with funds under this Contract shall be itemized in Contractor's equipment list as
finally approved by the Department in the executed Contract. Any changes to the
approved equipment list in the executed Contract shall be approved in writing by
Department prior to purchase of equipment. Contractor shall submit to the Division
Contract Management Unit 'assigned to the Program Attachment, a written
description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, Department will
acknowledge its approval by means of a written amendment or by written
acceptance of Contractor's Contract Revision Request, as appropriate.
General Provisions (Core Subrecipient 2008) 6/12/2007 23
Section 12.24 Property Inventory and Protection of Assets. Contractor shall
maintain a nonexpendable personal property (equipment and controlled assets)
inventory and submit an annual cumulative report to the De
eartment's Contract
Oversight and Support Section, Mail Code 1326, 1100 W. 49 St., Austin, Texas
78756, no later than October 150' of each year. The form for this report (Form GC_
11) is located on the DSHS website at
http: / /www,dshs. state .tx.ua /contracts/fonns.shtm. Contractor 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 Contractor 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.
Section 12.25 Bankruptcy. In the event of bankruptcy, Contractor .shall sever
Department property, equipment, and supplies in possession of Contractor: from the
bankruptcy, and title shall revert to Department.
Section 12.26 Title to Property. At the conclusion of the contractual relationship
between the Department and the Contractor, for any reason, title to any remaining
equipment and supplies purchased from funds under this Contract reverts to
Department. Title may be transferred to any other party designated by Department.
The Department may, at its option and to the extent allowed by .law, transfer the
reversionary interest to such. property to .Contractor:.
Section 12.27 Property Acquisitions. 'Department funds may not be used to
purchase buildings or real property. Any costs related to the initial acquisition of
the buildings or real property is not allowable.
Section 12.28 Disposition of Property. Contractor. shall follow the. procedures in
the American Hospital Association's (AHA's) "Estimated Usefid Lives of
Depreciable Hospital Assets" in disposing, at any time during or after the Contract
term, of equipment or controlled assets purchased with the Department funds,
except when federal or state statutory requirements supersedes, or when the
equipment requires. licensure or registration by the state, or when the acquisition
price of the equipment or controlled asset is equal to or greater than $10,000. All
other equipment and controlled assets not listed in the AHA reference (other than
equipment that requires licensure or registration or that has an acquisition cost equal
to or greater than $10,000) shall be controlled by the requirements of UGM. If,
prior to the end of the useful life, any item of equipment is no longer needed to
perform services under this Contract, or becomes inoperable, or if the equipment
requires licensure or registration or had an acquisition price equal to or greater than
$10,000, Contractor shall request disposition approval and 'instructions in writing
from the D2ariment's Contract Oversight and Support Section, Mail Code 1326,
1100 W. 49 St., Austin, Texas 78756. After an item reaches 'the end of its useful
life, Contractor must ensure that disposition of any equipment is in accordance with
Generally Accepted Accounting Principles, and any applicable federal guidance.
General Provisions (Core Subrecipient 2008) 6/12/2007 24
Section 12.29 Closeout of Equipment. At the end of the term of a Program
Attachment that has no additional renewals or that will not be renewed (Closeout),
Contractor shall submit to the Divisions Contract Management Unit assigned to the
Program Attachment, an inventory of property purchased with Department funds
and request disposition instructions for such property. All property purchased with
Department funds shall be secured .by the Contractor at the time of Closeout and
shall be returned to the Department as required by the Department's disposition
instructions or at the request of the Department at the Contractor's expense.
Section 12.30 Assets as Collateral Prohibited. Contractors. on a cost
reimbursement payment method shall not encumber property purchased with.
Department funds without prior written approval from the Department.
ARTICLE XIII GENERAL TERMS.
Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest,
in whole or in part, in this Contract, or in any equipment purchased with funds from
this Contract, without the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with GOV. CODE §556.0055,
which prohibits contractors who receive state funds from using those funds to pay
lobbying expenses. Further, Contractor shall not use funds paid 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 the extension, continuation, renewal, amendment, or
modification of any contract (31 U.S.C.A. § 1352, as amended, and UGMS). If at
any time this - Contract exceeds $100,000 of federal funds, Contractor shall file with
the Division Contract Management Unit assigned to the Program Attachment a
declaration containing the name of any registrant under the Lobbying Disclosure.
Act of 1995 who has made lobbying contacts on. behalf of Contractor in connection
with the Contract, a certification that none of the funds provided by Department
have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement.
Contractor shall file the declaration, certification, and disclosure at the time of
application for the Contract; upon execution of the Contract unless Contractor
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. Contractor shall require any person. who
requests or receives a subcontract to file the same declaration, .certification, and
disclosure with the Division Contract Management Unit assigned to the Program
Attachment. Contractor shall also comply, as applicable, with the lobbying
restrictions and requirements in OMB Circulars A -,122 Attachment B paragraph 25;
A -87 Attachment B section 27; A -110 section —.27 and A -21 paragraphs 17 and 24.
Contractor shall include this provision in any subcontracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 25
Section 13.03 Conflict of Interest. Contractor represents to the Department that it
does not have nor shall it knowingly acquire any financial or other interest that
would conflict in any manner with the performance of its obligations under this
Contract. Potential conflicts of interest include, but are not limited to, an existing or
potential business or personal relationship between Contractor, its principal (or a
member of the principal's immediate family), or any affiliate or subcontractor and
Department or HHSC, their commissioners, officers or employees, or any other
entity or person involved in any way in any project that is the subject of this.
Contract. Contractor 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.
Section 13.04 Transactions Between Related Parties. Contractor shall identify
and report to DSHS any transactions between Contractor and' "a related party that is
part of the work that the. Department is purchasing under this Contract before
entering into the transaction or immediately upon discovery. Contractor shall
submit to the Division Contract Management Unit assigned to the Program
Attachment the name, address and. telephone number of the related party, how the
party is related to the Contractor and the work the related party will perform under
the Contract. A related party is a person or entity related to the Contractor by blood
or marriage, common ownership or any association that permits either to
significantly influence or direct the actions or policies of the other. The Contractor,
for purposes of reporting transactions between related parties, includes the entity
contracting with the Department under this Contract as well as the chief executive
officer, chief financial officer and program director of the Contractor. Contractor
shall comply with TEx. Gov'T CODE ch. 573. Contractor shall maintain records and
supply any additional information requested by the Department, regarding a
transaction between related parties, needed to enable the Department to determine
the appropriateness of the transaction pursuant to applicable state or federal Iaw,
regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-
110 (Rev. 11119193, as further amended 09/30/99),2 CFR §215.42, and UGMS.
Section 13.05 Intellectual Property. Texas Health and Safety Code § 12.020
authorizes DSHS to protect intellectual property developed as a result of this
Contract.
(a) "intellectual property" means created property that may be protected under
copyright, patent, or trademark/service mark law.
(b) For purposes of this Contract intellectual property prepared for DSHS use, or a
work specially ordered or commissioned through a contract for DSHS use is
"work made for hire." DSHS owns works made for hire unless it agrees
otherwise by contract. To the extent that title and interest to any such work may
not, by operation of law, vest in DSHS, or such work may not be considered a
work made for hire, Contractor irrevocably assigns the rights, title and interest
therein to DSHS. DSHS shall have the right to obtain and hold in its name any
and all patents, copyright, registrations or other such protections as may be
appropriate to the subject matter, and any extensions and renewals thereof.
General Provisions (Core Subrecipient 2008) 6/12/2007 26
Contractor must give DSHS and the State of Texas, as well as any person
designated by DSHS and the State of Texas, all assistance required to perfect the
rights defined herein without charge or expense beyond those amounts payable to.
Contractor for goods provided or services rendered under this Contract.
(c) if federal funds are used to finance activities supported by this Contract that
result in the production. of intellectual property, the federal awarding agency
reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for federal government
purposes (1) the copyright in any intellectual property developed under this
Contract, including any subcontract and (2)' any rights of copyright to which a
Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal 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 awarding
agency)" or "The project described was supported by grant number from
(federal awarding ageno)" and "Its contents are solely the responsibility of the
authors and do not necessarily represent the official views of the federal
awarding agency
"
(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves a royalty -free, nonexclusive, worldwide and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for DSHS,
public health, and state govemmental 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 Contractor purchases ownership with contract
funds.
(e) if the results of the contract performance are subject to copyright law, the
Contractor cannot publish those results without prior review and approval of
DSHS. Contractor shall submit requests for review and approval to the Division
Contract Management Unit assigned to the Program Attachment.
Section 13.06 Other Intangible Property. At the conclusion of the contractual
relationship between Department and the Contractor, for any reason, Department
shall have the sole ownership rights and interest in all non- copyrightable intangible
property that was developed, produced or obtained by Contractor as a specific
requirement under the Contract or under any grant that funds this Contract, such as
domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and
interest in such property. This provision shall survive the termination or expiration
of the Contract.
General Provisions (Core Subrecipient 2008) 6/12/2007 27
Section 13.07 Severability and Ambiguity. 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 if never incorporated, but all
other provisions will continue. Parties represent and agree that the language
contained in this Contract is to be construed as jointly drafted, proposed and
accepted.
Section 13.08 Legal Notice. Any notice required or permitted to be given by the
provisions of this Contract shall be deemed to have been received by a Parry on the
third business day after the date on which it was mailed to the Party at the address
first given above (or at such other .address as the Party shall specify to the other
Party in writing) or, if sent by certified mail, on the date of receipt. .
Section 13.09 Successors. The Contract shall be binding upon the Parties and their
successors and assignees, except as expressly provided in this Contract.
Section 13.10 Headings. The articles .and section headings used in the Contract
are for convenience of reference only and shall not be construed in any way to
define, limit or describe the scope or intent of any provisions.
Section 13.11 Parties. The Parties represent to each other that they are entities
fully familiar with transactions of the kind reflected by this document, and are
capable of understanding the terminology and meaning of its terms and conditions
and of obtaining independent legal advice pertaining to this Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract
or ' a Program Attachment 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 (c) by their nature would be intended to be applicable following any
such termination or expiration.
Section 13.13 Direct Operation. The Department may temporarily assume
operations of a Contractor's program or programs funded under this Contract when
the continued operation of the program by Contractor puts at risk the health and
safety of clients and/or participants served by the Contractor, and there are no
reasonable alternatives available.
Section I3.14 Customer Service Information. If requested, Contractor shall
supply such information as required by the Department to comply with the
provisions of TEx. GOV'T CODE ch. 2114 regarding Customer Service surveys.
Section 13.15 Amendment. Parties agree that the Department may unilaterally
reduce funds pursuant to the terms of this Contract without the written agreement of
Contractor. All other amendments to this Contract must be in writing and agreed to
by both Parties, except as otherwise specified in the Contractor's Notification of
Change to Certain Contract Provisions section or the Contractor's Request for
Revision to Certain Contract Provisions section of these General Provisions.
General Provisions (Core Subrecipient 2008) 6/12/2007 28
Contractor's request for certain budget . revisions or other amendments must be
submitted in writing, including a justification for the request, to the Division
Contract Management Unit assigned to the Program Attachment; and if a budget
revision or amendment is requested during the last quarter of the Contract or
Program Attachment term, as applicable, Contractor's written justification must
include a reason for . the delay in making the request. Revision or amendment
requests may be granted at the discretion of DSHS. Except as otherwise provided
in this Article, Contractor shall not perform or produce, and DSHS shall not pay for
the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in
compliance with this Section; and DSHS may not waive any term; covenant, or
condition of this Contract unless by amendment or otherwise in compliance with
this Section.
Section 13.16 Contractor's Notification of Change to Certain Contract
Provisions. The following changes may be made to the Contract without a written
amendment or the Department's prior approval:
1) Contractor's contact person and contact information.
2) Contact information for key personnel, as stated in the application.
3) Cumulative budget line item transfers that exceed 10% among direct cost
categories other than the equipment category, of cost reimbursement contract
Program Attachments of less than $100,000 provided that the total budget
amount is unchanged.
4) Minor corrections or clarifications to the Contract language that in no way alter
the Contract scope of work, objectives or performance measures.
5) A change in the Contractor's share of the budget concerning non -DSHS funding
other than program income and match, regardless of the amount of the change,
provided that in changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated
in this section. The notification may be by letter, fax or email.
Section 13.17 Contractor's Request for Revision of .Certain Contract
Provisions. The following changes to the Contract may be made through a
Contractor's Revision Request, rather than through the amendment process
1) Cumulative budget line item transfers among direct cost categories other than the
equipment category that exceed 10% of cost reimbursement contract Program
Attachments of $100,000 or more, provided that the total budget amount is
unchanged.
2) Line item transfer of funds for direct payment of training allowances for any cost
reimbursement contract.
3) Change in clinic hours or location.
4) Change in equipment list substituting an item of equipment equivalent to an item
of equipment on the approved budget, (Ex. purchase of XYZ brand computer
General Provisions (Core Subrecipient 2008) 6/12/2007 29
instead of approved ABC brand computer with essentially identical features as the
XYZ computer).
5) Changes in the equipment category of a previously approved equipment budget
(other than acquisition of additional equipment, which requires an amendment to
the Contract).
6) Changes specified in applicable cost principles as requiring prior approval,
regardless of dollar threshold.
7) Changes to community sites, independent school districts or schools, in substance
abuse Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall
obtain a Contract Revision Request form from the DSHS website and complete the
form as directed by the Department. Two copies of the completed form must be
signed by Contractor's representative who is authorized to sign contracts on behalf
of Contractor, and both original, signed forms must be submitted to the Division
Contract Management Unit assigned to the Program Attachment. Any approved
revision will not be effective unless signed by the DSHS Director of Client. Services
Contracting Unit. A separate Contractor Revision Request is required for each
Program Attachment to be revised. Circumstances of a requested contract revision
may indicate the need for a Contract amendment with written justification rather
than a contract revision.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE
THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED
TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF
TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT
DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF
LAW.
Section 13.19 Hold Harmless. Contractor, as an independent contractor, agrees to
hold Department, the State of Texas, individual state employees and officers, and
the federal government harmless and to indemnify them from any and all liability,
suits, claims, losses, damages and judgments, and to pay all costs, fees, and
damages to the extent that such costs, fees, and damages arise from performance or
nonperformance of Contractor, its employees, subcontractors, joint venture
participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either party of partial performance or failure
to complain of any action, non- action or default under this Contract shall not
constitute a waiver of either party's rights under the Contract.
Section 13.21 Contracting with Executive Head of State Agency. If Contractor
currently or subsequently employs a current or former executive head of DSHS,
Texas Department of Health, Texas Department of Mental Health and Mental
Retardation or Texas Commission on Alcohol and Drug Abuse, Contractor shall
submit the following information to the Division Contract Management Unit
assigned to the Program Attachment:
General Provisions (Core Subrecipient 2008) 6/12/2007 .30
(a) Name of Executive;
(b) Name of State Agency;
(c) Date, of Separation from State Agency, if separated;
(d) Date of Employment with Contractor; and
(e) Other information as required by DSHS to comply with 'lax. GOVT. CODE §
663.003.
Section 13.22 Technology Accessibility. If performance under this Contract
includes the development, modification or maintenance of a website for DSHS or
for the public on behalf of DSHS, Contractor expressly acknowledges that state
funds may not be expended in connection with the purchase of an automated
information system unless that system meets certain statutory and regulatory
requirements relating to accessibility by persons with blindness, visual impairments,
visual accuity less than 20170, deafness, diminishing hearing, inability to speak or a
lack of fine motor control (collectively "affected persons"). Accordingly,
Contractor represents and warrants to DSHS that the technology provided to DSHS
for purchase is capable, either by virtue of features included within the technology
or because it is readily adaptable by use with other technology, of:
a. Providing equivalent access for effective use by affected persons;
b. Presenting information, including prompts used for interactive
communications, in formats intended for use by`affected persons; and
c. Being integrated into networks for obtaining, retrieving, and disseminating
information used by affected persons.
For purposes of this section, the phrase "equivalent access" means a substantially
similar ability to communicate with or make use of the technology, either directly by
features incorporated within the technology or by other reasonable means such as
assistive devices or services that would constitute reasonable accommodations under
the Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical
displays; information retrieval provided in an enhanced auditory fashion, voice
commands, touch screen capacity, and customize display appearance.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES
FOR NON- COMPLIANCE.
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions
that constitute breach of contract include, but are not limited to, the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 31
a) failure to properly provide the services and/or goods purchased_
under this Contract;
b) failure to comply, with any provision of this Contract, including
failure to comply with all applicable statutes, rules or regulations;
c) failure to pay refunds or penalties .owed to the Department;
d) failure to comply with a repayment agreement with the Department
or agreed order. issued by the Department.;
e) failure by Contractor to provide a full accounting of funds expended
under this Contract;
f) discovery of a material misrepresentation in any aspect of
Contractor's response to the Solicitation Document;
g) any misrepresentation in the assurances and certifications in the
Contractor's application or response to the Solicitation Document or in
this Contract; or
h) Contractor is on or is add_ ed to the Excluded Parties List System
(EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor
Contractor for both programmatic and financial compliance. The remedies set forth
below are available to the Department against Contractor and any entity that
subcontracts with Contractor for provision of services or goods. HHSC OIG may
investigate, audit and irnpose or recommend imposition of sanctions to Department
for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more sanctions. for each.item of
noncompliance and will 'detenmine sanctions on a case-by-case basis. Contractor is
responsible for complying with all of the terms of this Contract. The listing of or
use of one or more of the remedies listed below does not relieve Contractor. of any
obligations under the Contract. A state or federal statute, rule or 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. If the Contractor breaches this Contract by failing to
comply with one or more of the terms of this Contract, including but not limited to
compliance with applicable statutes, rules or regulations, the Department may take
one or more of the actions listed below:
General Provisions (Core Subrecipient 2008) 6/12/2007 32
a) terminate the Contract or a Program Attachment of the Contract as it
relates to a specific program type. In the case of termination, the
Department will inform Contractor of the termination no less than thirty-
one (3 1) calendar days before the effective date of the termination in a
notice of termination. The notice of termination will state the effective
date of the termination, the reasons for the termination, and, if
applicable, alert the Contractor of the opportunity to request a hearing on
the termination pursuant to TEX. GOVT CODE ch. 2105 regarding-
administration of Block Grants. The Contractor agrees that it shall not
make any claim for payment or reimbursement for services provided
from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the
context, either (1) the temporary withdrawal of Contractor's authority to
obligate funds pending corrective action . by Contractor or its
subcontractor(s) or pending a decision to terminate or amend the
Contract, or (2) an action taken by a suspending official in accordance
with Department rules to immediately exclude a person from
participating in contract transactions for a period of time, pending
completion of an investigation and such legal or debarment proceedings
as may ensue. Contractor may not bill . DSHS for services performed
during suspension, and Contractor costs resulting from obligations
incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts or renewals with Contractor,
d) reduce funding if the Contractor fails to provide services or goods
consistent with performance expectations described in the Contract;
e) disallow (deny both use of funds and matching credit for) all or part
of the activities or action not in compliance;
f) . temporarily withhold cash payments. Temporarily withholding cash
payments means the temporary withholding of a working capital
advance, if applicable, or reimbursements or payments to Contractor for
proper charges or obligations incurred, pending resolution of issues of
noncompliance with conditions of this Contract or indebtedness to the
United States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of
cash payment means that Department retains funds billed by Contractor
for (1) unallowable, undocumented, disputed, inaccurate, improper, or
erroneous billings; (2) material failure to comply with Contract
provisions; or (3) indebtedness to the United States or to the State of
Texas;
h) declare the Contract void upon the Department's determination that
the Contract was obtained fraudulently or upon the Department's
determination that the Contract was illegal or invalid from the Contract's
inception and demand repayment of any holds paid. under the Contract;
General Provisions (Core Subrecipient 2008) 6/12/2007 33
i) request that Contractor be removed from the Centralized Master
Bidders List (CMBL)' or any other state bid list, and bar it from
participating in future contracting opportunities with the State of Texas;
j) delay contract execution with Contractor while other imposed or
proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will
be placed on accelerated monitoring for a period not to exceed six (6)
months at which time items of noncompliance must be resolved or
substantial improvement shown by Contractor. Accelerated monitoring
means more frequent or more extensive monitoring will be performed by
Department than would routinely be accomplished;
1) require Contractor to obtain technical or managerial; assistance;
m) establish additional prior approvals for expenditure of funds by
Contractor;
n) require additional, more detailed, financial and/or programmatic
reports to be submitted by Contractor;
o) demand repayment from Contractor;
p) 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 or to
achieve local match, if required;
q) pursue a claim for damages as a result of breach of contract;
r) require removal of any officer, board member or employee of the
Contractor who has been convicted of the misuse of state or federal
funds, fraud or illegal acts that are in .contraindication to continued
obligations under this Contract, as determined by DSHS;
s) withhold any payments to Contractor to satisfy any recoupment or
penalty imposed by DSHS, and take repayment from funds available
under this Contract, active or expired, in amounts necessary to fulfill
Contractor's repayment obligations;
t) reduce the Contract term;
u) recoup improper payments when it is verified that the Contractor has
been overpaid because of improper billing or accounting practices or
failure to comply with Contract terms; or
v) impose other remedies provided by law.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify
Contractor in writing when a remedy or sanction is imposed (with the exception of
accelerated monitoring, which may be unannounced), stating the nature of the
remedies and sanction(s), the reasons for imposing them, the corrective actions, if
any, that must be taken before the actions will be removed and the time allowed for
completing the corrective actions, and the method, if any, of requesting
reconsideration of the remedies and sanctions- imposed. Contractor is required to
file, within fifteen (15) calendar days of receipt of notice, a written response to
Department acknowledging receipt of such notice. If requested by the Department,
General Provisions (Core Subrecipient 2008) 6/12/2007 34
the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are
based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted, unless the remedy or
sanction is subject to review under a federal or state statute, regulation or guideline,
Department's decision is final. Department shall provide written notice to
Contractor of Department's decision. If required by the Department, Contractor
shall take corrective action.
Section 14.04 Emergency Action. In an emergency, Department may
immediately terminate or suspend all or part of this Contract, temporarily or
permanently withhold cash payments, deny contract renewal or fixture contract
awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An
"emergency" is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct
adverse impact on the public or client health, welfare or safety. The
direct adverse impact may be programmatic or financial and may
include 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; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct - or noncompliance is an emergency will be
determined by Department on a case -by -case basis and will be based upon the
nature of the noncompliance or conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.
Section 15.01 Breach of Contract Claim. The process for a breach of contract
claim against the Department provided for in Chapter 2260 of Texas Government
Code and implemented in the rules at 25 TAC § §1.431 -1.447 shall be used by
DSHS and Contractor to attempt to resolve any breach of contract claim against
DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the
parties cannot resolve in the ordinary course of business shall be submitted to the
negotiation process provided in Chapter 2260, subchapter B, Texas Government
Code. To initiate the process, Contractor shall submit written notice, as required by
subchapter B, to DSHS's Office of General Counsel. The notice shall specifically
state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy
of the notice shall also be given to all other representatives of DSHS and
Contractor. Subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, subchapter C, Texas Government Code.
General Provisions (Core Subrecipient 2008) 6/12/2007 35
Section 15.03 Sole Remedy. The contested case process provided in Chapter
2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive
process for seeking a remedy for any and all alleged breaches of contract by DSHS
if the parties are unable to resolve their disputes under this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case
process provided in Chapter 2260, ' subchapter C, Texas Government Code, is a
condition precedent to seeking consent to sue from the Legislature under Chapter
107 of the Civil Practices and Remedies Code. Neither the execution of this
Contract by DSHS nor any other conduct. of any representative of DSHS relating to
this Contract shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performance Not Suspended. Neither the occurrence of an event
nor the pendency of a claim constitutes grounds for the suspension of performance
by Contractor, in whole or in part.
ARTICLE XVI TERMINATION.
Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's
service obligations set forth in each Program Attachment shall end upon the
expiration date of that Program Attachment unless extended or renewed by written
amendment. Prior to completion of the term of all Program Attachments, all or a
part of this Contract maybe terminated with or without cause as set forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal
of Contractor's authority to obligate previously awarded funds before that authority
would otherwise expire or the voluntary relinquishment by Contractor of the
authority to obligate previously awarded funds. Contractor costs resulting from
obligations incurred by Contractor after termination of an award are not allowable
unless expressly authorized by the notice of termination. Upon termination of this
Contract or Program Attachment,. as applicable, Contractor shall cooperate with
DSHS to the fullest extent possible to ensure the orderly and safe transfer of
responsibilities under the Contract or Program Attachment, as applicable, to DSHS
or other entity designated by DSHS. Upon termination of all oz part of this
Contract, Department and Contractor will be discharged from any further obligation
created under the applicable terms of this Contract or the Program Attachment, as
applicable, except for the equitable settlement of the respective accrued interests or
obligations incurred prior to termination and for Contractor's duty to cooperate with
DSHS. Termination does not, however, constitute a waiver of any remedies for
breach of this Contract. In addition, Contractor's obligations to retain records and
maintain confidentialfty of information shall survive this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not
include: (1) withdrawal of funds awarded on the basis of the Contractor's
underestimate of the unobiigated balance in a prior period; (2) withdrawal of the
unobligated balance at the expiration of the term of a Program Attachment; (3)
refusal to extend a Program Attachment or award additional funds to make a
General Provisions (Core Subrecipient 2008) 6/12/2007 . 36
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.
Section 16-04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment,
as applicable, with at least thirty (30) calendar days prior written notice
to the other Parry, except that if Contractor seeks to terminate a Contract
or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client
services are not disrupted.
b) The Parties may terminate.this Contract or a Program Attachment by
mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment
with at least thirty (30) calendar days prior written notice to the other
Party in the event funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or
health and human services agencies, amendments to the Appropriations
Act, health and human services consolidations, or any disruption of
current appropriated funding for this Contract or Program Attachment
d) Department may terminate this Contract or a Program Attachment
immediately when, in the sole determination of Department, termination
is in the best interest of the State of Texas.
Section 16.05 Termination For Cause. Either Party may terminate for material
breach of this Contract with at least thirty (30) calendar days written notice to the
.other Party. Department 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) calendar days written notice to Contractor. Such conduct
may include one or more of the following:
(a) a court of competent jurisdiction finds that Contractor has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) Contractor fails to communicate with Department or fails to allow its
employees or those of its subcontractor to communicate with Department as
necessary to the performance of this Contract;
(c) Contractor breaches a standard of confidentiality with respect to the
services provided under this Contract;
(d) Department determines that Contractor is without sufficient personnel or
resources to perform under this Contract or that Contractor is otherwise unable or
unwilling to fulfill any of its requirements under the Contract or exercise adequate
control over expenditures or assets;
General Provisions (Core Subrecipient 2008) 6/12/2007 37
(e) Department determines that Contractor, its agent or another representative
offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of
DSHS or HHSC for the purpose of obtaining a contract or favorable treatment;
(fl Department determines that the Contract includes financial participation
by a person who received compensation from DSHS to participate in developing,
drafting or preparing the specifications, requirements or statement(s) of work or
Solicitation Document on which this Contract is based in violation of Gov. Code
§2155,004;
(g) Contractor appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
1. Contractor fails to make payments;
2. Contractor makes an assignment for the benefit of its creditors;
3. Contractor admits in writing its inability to pay its debts generally as they
become due;
4. ' 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
Contractor, and Contractor does not (a) discharge the judgment or (b) provide for its
discharge in accordance with its terms, or (c) procure a stay of execution within
thirty (3 0) calendar days from the date of entry -of the judgment, and within the
thirty (30) -day period or a longer period during which execution of the judgment
has been stayed, appeal from the judgment and cause the execution to be stayed
during such appeal while providing such reserves for the judgment as may be
required under generally accepted accounting principles;
5. a writ or warrant of attachment or any similar process shall be issued by any
court against all or any material portion of the property of Contractor, and such writ
or warrant of attachment or. any similar process is not released or bonded within
thirty (30) calendar days after its entry;
6. Contractor is adjudicated bankrupt or insolvent;
7. Contractor files a case under the Federal Bankruptcy Code or seeks relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction,
whether now or hereafter in effect, or consents to the filing of any case or petition
against it under any such law;
8. any property or portion of the property of Contractor is sequestered by court
order and the order remains in effect for more than thirty (30) calendar days after
Contractor obtains knowledge thereof,
9. a petition is filed against Contractor under any state reorganization,
arrangement, insolvency, readjustment of debt, dissolution, receivership or
liquidation law of any jurisdiction, whether now or hereafter in effect, and such
petition is not dismissed within thirty (30) calendar days;
10. Contractor consents to the appointment of a receiver, trustee, or liquidator of
Contractor or of all or any part of its property; or
General Provisions (Core Subrecipient 2008) 6/12/2007 38
(h) Contractor's management system does not meet the UGMS management
standards.
Section 16.06 Notice of Termination. Either Party may deliver written notice of
intent to terminate by any verifiable method. If either Party gives notice of its
intent to terminate all or a part of this Contract, Department and Contractor will.
attempt to resolve any issues related to the anticipated termination in good faith
during the notice period-.
ARTICLE XVH VOID, SUSPENDED, AND TERMINATED
CONTRACTS.
Section 17.01 Void Contracts. Department may hold this Contract void upon
determination that the award was obtained fraudulently or was otherwise illegal or
invalid from its inception:
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated
Contract. A Contractor who has been a party to a contract with DSHS that has
been found to be void, suspended, or terminated for cause is not eligible for
expansion of current contracts, if any, or new contracts or renewals until the
Department has determined that Contractor has satisfactorily resolved. the issues
underlying the suspension or termination. Additionally, if this Contract is found to
be void, any amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Gov: Code §2105.302, after receiving
notice from the Department of termination- of a contract with .DSHS funded by
block grant funds, Contractor may request an administrative hearing. under Gov.
Code Chapter 2001.
ARTICLE XVM CLOSEOUT AND CONTRACT
RECONCILIATION.
Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract
or Program Attachment, as applicable; (and. any renewals of the Contract or
Program Attachment) on its own terms, Contractor shall. cease services under the
Contract or Program Attachment and shall cooperate with DSHS to the fullest
extent possible to ensure the orderly and safe transfer of responsibilities under the
Contract to DSHS or other entity designated by DSHS. Upon receiving notice of
Contract or Program Attachment termination or non - renewal, the Contractor agrees
to immediately begin to transition recipients of services to alternative service
providers, as needed. Contractor also agrees to completely cease providing services
under the Contract or Program Attachment by the date specified in the termination
or non - renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of the Contract or Program Attachment, or incur any
additional expenses once the Contract or Program Attachment is terminated or has
expired. Upon termination, expiration or non - renewal of this Contract or a Program
Attachment, Contractor shall immediately initiate Closeout activities described in
General Provisions (Core Subrecipient 2008) 6/12/2007 39
• P
this Article.
Section 18.02 Administrative Offset. The Department shall have the right to
administratively offset amounts owed by Contractor against billings.
Section 18.03 Deadline for Closeout. Contractor shall submit all financial,
performance, and other Closeout reports required under the Contract within sixty
(60) calendar days after the Contract or Program Attachment end date. Unless
otherwise provided under the Final Billing Submission section of the Payment
Methods and Restrictions Article, the Department is not liable for any claims that
are not received within. sixty (60) calendar days after the Contract or Program
Attachment end date.
Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of
the amount to which the Contractor is finally determined to be entitled under the
terms of the Contract constitute a debt to the Department and will result in a refund
due. Contractor shall pay any refund amount due within the time period established
by the.Department.
Section 18.05 Disallowances and Adjustments. The Closeout of the Contract or
Program Attachment does not affect the Department's right to disallow costs and
recover fiinds on the basis of a later audit or other review or the Contractor's
obligation to return any funds due as a result of later refunds, corrections; or other
transactions.
Section 18.06 Contract Reconciliation. If Contractor is - required to annually.
reconcile multi -year contracts, Contractor, within 60 calendar days after the end of
each year of the Contract, shall submit to the Division Contract Management Unit
assigned to the Program Attachment all financial and reconciliation reports required
by Department in forms as determined by Department. Required reconciliation
forms and reports may include the following: Cash Match Participation Form, In-
kind Match Participation Form, Program Income Report, Equipment Inventory,
Controlled Items Inventory, Contractor's Release' Agreement, and Reconciliation
Refund Remittance Form. Any additional forms or reports required by Department
shall be posted on the DSHS website prior to the reconciliation period. Unless
otherwise directed by Department, all forms and reports must be submitted in hard
copies, with original signatures if required, to DSHS by the due date.
General Provisions (Core Subrecipient 2008) 6/12/2007 40
CONTRACT NO. 2008-025275
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 00003 34682
CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT
(CITY)
DSHS PROGRAM: TB - PREVENTION AND CONTROL
TERM:01 /01 /2008 THRU: 12/31/2008
SECTION 1. STATEMENT OF WORK:
Throughout the Contractor's defined service area of Nueces, the Contractor shall develop and
provide: (1) basic services and associated activities for tuberculosis (TB) prevention and control;
and (2) expanded outreach services to individuals of identified special populations who have TB or
who are at high risk. of developing TB.
Contractor shall provide the services outlined above in compliance with the following (as revised):
• DSHS Standards of Performance for the Prevention and Control of Tuberculosis,
available at http : / /www.dshs. state_ tx. us /ideu/disease /tb /publications /default asn;
• DSHS Standards for Public Health Clinic Services, available at
hltp://www.dshs.state.tx.us/sdi/does/sectionS.pdf;
• American Thoracic Society (ATS) and Centers for Disease Control and Prevention
(CDC) joint statements on diagnosis, treatment and control of TB available at
www.cdc.gov/nchstp/bt/pubs/mmwrhtuml/mai ide.htm•
• Diagnostic Standards and Classification of Tuberculosis in. Adults and Children,
(American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376 -1395,
2000);
• Treatment of Tuberculosis, (ATS /CDC/IDSA), 2003 available at
http://www.cdc.gov/tb/Pubs/mmwr/1\4aj_guide/default.htm;
• Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and
Mortality Weekly Report, Vol. 49, No. RR -6, 2000;
• 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
• Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005.
Contractor shall comply with all applicable federal and state regulations and statues, including, but
not limited to, the following:
• Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B;
PROGRAM ATTACHMENT — Page 1
• Communicable Disease Prevention and Control Act, Texas Health and Safety Code,
Chapter 81;
• Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities,
Health and Safety Code, Chapter 89;
• Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of
Communicable Diseases; and
• Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H,
Tuberculosis Screening for Jails and Other Correctional Facilities.
Contractor shall perform all activities under this Program Attachment in accordance with
Contractor's final, approved work plan (attached as Exhibit A), and detailed budget as approved by
DSHS.. Contractor must receive written approval from DSHS before varying from applicable
policies, procedures, protocols, and the final approved work plan, and must update its
implementation documentation within forty -eight (48) hours of making approved changes so that
staff working on activities under this contract knows of the change(s).
DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial
shortfalls. DSHS will monitor Contractor's. expenditures on a quarterly basis. If expenditures are
below that projected in Contractor's total Program Attachment amount, as shown in SECTION VII.
BUDGET, Contractor's budget may be subject to a decrease for the remainder of the Contract term.
Vacant positions existing after ninety (90) days may result in a decrease in funds.
Because of the inherent time to complete treatment for tuberculosis disease and latent tuberculosis
infection in relation to the period of this renewal Program Attachment, required reporting under this
renewal Program Attachment will show results for work performed under previous Program
Attachments.
Contractor shall provide a complete and accurate annual narrative report, in the format provided by
DSHS, demonstrating compliance with the requirements of this renewal Program Attachment. That
report shall include, but is not limited to, a detailed analysis of performance related to the
performance measures listed below. A progress report of activities in January through December
shall also be submitted; in a format provided by DSHS. The narrative program report shall be sent to
the Department of State Health Services, Infectious Disease.Intervention and Control Branch, Mail
Code 1939, PO Box 149347, Austin, Texas 78714 -9347 via regular mail, fax, or e-mail. Contractor
shall maintain the documentation used to calculate performance measures as required by the General
Provisions Article VIII "Records Retention" and by the Texas Administrative Code Title 22, Part 9
Chapter 165, § 165.1 regarding the retention of medical records. Report periods and due dates are as
follows:
PERIOD COVERED
DUE DATE
January 2007 — December 2007
March 1, 2008.
Janus g 2007 — May 2008
July 1, 2008
Contractor shall send all initial reports of confirmed and suspected TB cases to DSHS within seven
(7) working days of identification or notification. Any updates to initial DSHS Report of Cases and
PROGRAM ATTACHMENT -- Page 2
Patient Services Forms (TB -400) (e.g., diagnosis, medication changes, x -rays, and bacteriology) and
case closures shall be sent to DSHS at PO Box 14937, Mail Code 1939, Austin, Texas 78714 -9347.
Contractor shall send an initial report to DSHS of contacts on all Class 3. TB cases and smear -
positive Class 5 TB suspects within thirty (30) days of identification using DSHS' Report of
Contacts Form (TB -340 and TB -341). Any new follow -up information (not included in the initial
report) related to the evaluation and treatment of contacts shall be sent to DSHS on the TB -340 and
TB -341 at intervals of 90 days, 120 days, and 2 years after the day the Contractor became aware of
the TB case.
Electronic reporting to DSHS for Class 3 TB cases, smear positive Class 5 TB suspects, and their
contacts may become available during the term of this renewal Program Attachment. Once notified
of this option by DSHS, Contractor may avail itself of this option if it adheres to all the electronic
reporting requirements (including system requirements) provided at that time:
Contractor will begin collecting information no Iater than January 1, 2008 to determine the number
of persons who received from the Contractor at least one TB service, including but not limited to:
tuberculin skin tests; chest radiographs; health care worker services; or treatment with one or more
anti - tuberculosis medications.
SECTION 11. PERFORMANCE MEASURES:
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the services described in this renewal Program Attachment, without waiving the
enforceability of any of the other terms of the contract or any other method of determining
compliance.
1. At least 90% of cases and suspected cases under treatment in 2007 are on directly
observed therapy (DOT);
2. At least 92 % of eligible* TB cases reported in 2006 complete a course of curative TB
treatment within twelve (12) months of initiation of treatment;
3. At least 95% of TB patients reported in 2006 with initial positive cultures are tested for
drug susceptibility and have those test results documented in their medical record; .
4. At Ieast 92% of smear positive TB cases reported in 2007 have at least one (1) contact
identified;
5. At least 72% of identified contacts to smear - positive TB cases reported in`2006 shall be
evaluated for TB infection or disease;
6. At least 63% of infected contacts (to smear - positive cases reported in 2006) who are
started on treatment for latent tuberculosis infection (LTBI) shall complete therapy;
7. At least 73% of adults (age >14) with TB disease reported in 2007 are tested for HIV;
8. At least 83% of adults (age 25 -44) with TB disease reported in 2007 are tested for HIV;
9. At Ieast 90% of immigrants. and refugees with a Class A notification ** to the
Contractor's service area during 2006 will complete treatment for TB disease;
10. At least 56% of immigrants and refugees with a Class B1 notification * ** to the
Contractor's service area during 2006 will complete evaluation for LTBI or TB disease;
PROGRAM ATTACHMENT — Page 3
11. At least 85 % of immigrants and refugees with a Class B1 notification to the Contractor's
service area during 2006 that are diagnosed with TB disease will complete treatment;
12. At least 56% of immigrants and refugees with a Class B2 notification * * ** to the
Contractor's service area during 2006 will complete evaluation for LTBI or TB disease;
13. At least 85% of immigrants and refugees with a B2 notification to the Contractor's
service area during 2006 that are diagnosed with TB disease will complete treatment; and
14. Number of TB cases in US -barn non - Hispanic African- Americans reported in 2007.
Note: According to the U.S. Citizenship and Immigration Services (and for_ purposes of this
contract), an "immigrant" is a person who moves to a country where they intend to settle
permanently. An "immigrant" is an alien admitted to the United States as a lawful permanent
resident. A "refugee" is any person who is outside his or her county of nationality who is unable or
unwilling to return to that country because of persecution or a well - founded fear of persecution.
Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in
a particular social group, or political opinion. .
*Excludes TB cases: 1) diagnosed at death; 2) who die during therapy; 3) who are resistant to
rifampin; 4) who have meningeal disease; and/or 5) who are younger than 15 years with either
miliary disease or a positive blood culture for TB.
* *Class A notification — overseas screening indicates radiograph compatible with active TB and
sputum smear microscopy is positive for acid -fast bacilli.
** *Class B1 notification — overseas screening indicates radiograph compatible with active TB.
* ** *Class B2 notification — overseas screening indicates radiograph compatible with inactive TB.
If the Contractor fails to meet any of the performance measures, the Contractor shall furnish in the
narrative report due March 1, 2008, a written explanation including a plan (with schedule) to meet
those measures. This requirement does not excuse any violation of this Contract, nor does it limit
DSHS as to any options available under the contract regarding breach.
DSHS shall evaluate compliance with these performance measures based on: information
maintained in databases kept at the Tuberculosis Prevention and Control Program; audits and/or
inspections; scheduled program reviews; reporting requirements under this contract; and using any
other information available to DSHS.
SECTION III. SOLICITATION DOCUMENT:
�;
SECTION IV. RENEWALS:
DSHS may renew the Program Attachment for up to one (1) additional one -year term, at DSHS's
sole discretion.
SECTION V. PAYMENT METHOD:
Cost Reimbursement
PROGRAM ATTACHMENT — Page 4
A 2
SECTION Vi. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) and
acceptable supporting documentation for reimbursement of the required services/deliverables.
Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to
the addresses /number below.
Claims Processing Unit, MC1940
Department of State Health Services
1100 West 49'h Street
PO Box 149347
Austin, TX 78714 -9347
The fax number for submitting State of Texas Purchase Voucher (Form B -13) to the Claims
Processing Unit is (512) 458 -7442. The email address is invoices@ dshs.state.tx.us.
SECTION VII. BUDGET
SOURCE OF FUNDS: CFDA 93.116
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, are revised to include the following:
General Provisions, FUNDING Article, is revised to include the following:
Funding from this renewal Program Attachment shall not be used to supplant (i.e., used in place
of funds dedicated, appropriated or expended for activities funded through this renewal Program
Attachment) state or Iocal funds, but Contractor shall use such funds to increase state or local
funds currently available for a particular activity. Contractor shall maintain local funding at a
sufficient rate to support the local program. If the total cost of the'project is greater than DSHS'
funding set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining
costs in order to accomplish the objectives set forth in this renewal Program Attachment.
All revenues directly generated by this renewal Program Attachment or earned as a result of this
renewal Program Attachment during the term of this renewal Program Attachment are considered
program in including income generated through Medicaid billings for TB related clinic
services. The Contractor shall use this program income to further the scope of work detailed in
this renewal Program Attachment, and must keep documentation to demonstrate such to DSHS's
satisfaction. This program income may not be used to take the place of existing local, state, or
federal program funds.
PROGRAM ATTACHMENT -- Page 5
General Provisions, PAYMENT METHODS AND RESTRICTIONS Article, Billing Submission
Section, is hereby revised to add-..
Quarterly Financial Status Reports (Form 269A) from Contractor shall be provided to DSHS in
the format provided by the DSHS. These reports shall be mailed to Department of State Health
Services, Attention: Accounting Section, Claims Processing Unit, Mail Code 1940, 1100 West
491 Street, PO Box 149347, Austin, Texas 78714 -9347. One (1) copy of each quarterly financial
status report shall be mailed to the Department of State Health Services, Attention: Infectious
Disease Intervention and Control Branch, Mail Code 1939, PO Box 149347, Austin, Texas
78714 -9347. These reports shall be submitted on a quarterly basis as follows:
PERIOD COVERED
DUE DATE
January, February, March,
Aril 31, 2008
April, May, June,
July 31, 2008
July, August, September
October 31, 2008
October, November, December,
Febru 28, 2009
PROGRAM ATTACHMENT — Page 6
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) 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, an officer or employee of Congress, or an employee of a member of Congress in
connection 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 any 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 LLL, "Disclosure Form to Report Lobbying," in accordance with its 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 imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.
Sign-atrire
(-'i�0�1e,r.
Print Name -f Authorized Individual
Application or Contract Number
Organization Name
"AMAMUS n. Assistant CityA V.L.vSS
For City Attorney
AI3THUKILL+
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ATTEST. . ..d -
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CITY SECR> TAW
CSCU # EF29 -12374 - Revised 08.10.07
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Exhibit A
Contract No. 2008 — 025275 001
Corpus Christi - Nueces County Public Health Department
Infectious Disease Intervention and Control Branch, TB /PC- FEDERAL
Contract Work Plan — Final
September 28, 2007
1. Summarize the proposed services, service area, population to be served,
location (counties to be served), etc. List subcontractors you will work
with in your area. Also, address if and how you will serve individuals from
counties outside your stated service area.
The service area for Corpus Christi - Nueces County Tuberculosis Elimination
program covers approximately 836 miles of land and 331 square miles. of water
bounded by the Gulf of Mexico to the east, San Patricio County to the north, Jim
Wells. County to the west, Kleberg County to the south, and approximately 150
miles from the Mexican border. The projected population for this area in 2006
was 326,193. Figures for 2007 are not available at this time. The ethnicity is
divided as follows: 197, 448 Hispanic, 108,297 Anglo, 13,518 Black, and 6,930
categorized as "other'. Information published in the "Community Needs Public
Health Survey" in 2001 addressed a 51 % female population and a 49% male
population in Nueces County.
The Corpus Christi - Nueces County Tuberculosis Elimination Program provides
basic services for Tuberculosis control and prevention in Corpus Christi and
Nueces County. Services are provided in compliance with the Corpus Christi -
Nueces County Tuberculosis Elimination Clinic's Protocols, Texas Department of
Health Tuberculosis Eliminations Division Standards of Performance, American
Thoracic Society, and Center for Disease Control (ATS /CDC) Joint Statements.
The Corpus Christi- Nueces County Tuberculosis Elimination Program identified
34 countable new cases of tuberculosis between January 1, 2006 and December
31, 2006 and 9 new TB cases have been identified to date in 2007. The case
rate, based on the 34 countable cases for 2006 was 10.4 per 100,000. An
increase of 3.3 cases per 100,000 was noted in 2006 for that time frame. Corpus
Christi - Nueces County Tuberculosis Elimination Program had .six (6) full -time
employees thru December 15, 2006 before Mary Ann. Valverde -Gomez
transferred to the STD Clinic. All TB staff is dedicated and persistent in working
to meet CCTBC program objectives. We are committed to DOT/DOPT including
seven (7) days a week when the Medical Consultant orders daily .medication.
The Federal Grant supported 100% of the salary for Barbara Cavazos, R.N., and
two (2) outreach workers, Mary Ann Valverde- Gomez, the High- Risk Populations
Coordinator, and Gabriel Duran, C.S.A., outreach for DOT /DOPT. CCTBC has
hired a temporary worker until a replacement can be found.
Clinical and outreach services target identification of Tuberculosis (TB)
cases /suspects and contacts as well as the evaluation of those individuals
seeking to immigrate to this country with B1 and B2 waivers. Outreach services
target those individuals in correctional facilities, homeless shelters, and drug
treatment centers in addition to identifying homeless living on streets with active
tuberculosis and those individuals with Latent Tuberculosis Infection (LTBI) and
or HIV /AIDS at high risk of developing active tuberculosis.
Corpus Christi - Nueces County Tuberculosis Elimination Program (CCNCTBEP)
serves the Corpus Christi Nueces County area. The populations served are jail
inmates and halfway houses for those released from jail but not yet ready to go
into the community, the homeless on the streets and those in shelters, foster
children, dialysis patients, nursing home patients, clients of the abused women's
shelter, individuals with suppressed immune systems and sexually transmitted
diseases, the foreign born applying for citizenship, clients of drug and alcohol
treatment centers, high risk maternity, and health care workers.
CCNCTBEP works closely with the neighboring counties, hospitals, local
physicians, and the state TB nurse to provide DOT, x -ray services, medications,
monitoring, and transportation to the Texas Center for Infectious Diseases for the
surrounding counties when requested.
2.. Describe delivery systems, workforce (attach organizational chart),
policies, support systems (i.e., training, research, technical assistance,
information, financial and administrative systems) and other infrastructure
available to achieve service delivery and policy- making activities. What
resources do you have to perform the project, who will deliver services and
how will they be delivered?
The City of Corpus Christi provides the office space, utilities, administrative
support, and computer maintenance for the internet based programs, TWICES
and PICS, utilized by CCNCTBEP. The general fund grant in 2006 -2007 was
decreased and funded only two (2) administrative assistants. CCNCTBEP was
funded for seven (7) employees, four in the general revenue grant and three (3)
in the Federal Grant. The money specified for the full time LVN was not enough
to hire for the position. The $21,000.00 available in the state grant, per the City
of Corpus Christi Human Resources Department was not enough; $36,000.00
was the figure stated by the City of Corpus Christi Human Resources
Department needed for the year for salary and fringes. The program manger and
two (2) administrative assistants are currently funded in the general revenue
grant. One RN and two (2) outreach workers are funded by the federal grant.
The Corpus Christi - Nueces County Health Authority is the Medical Director for
CCNCTBEP and is funded thru the program income. CCNCTBEP owns a van
for delivery of directly observed therapy /directly observed preventive therapy
(DOTIDOPT) throughout Corpus Christi - Nueces County. CCNCTBEP policies
are based on DSHS Tuberculosis Elimination Division guidelines and standards
of performance. CCNCTBEP has historically made up the shortfalls in the DSHS
funding with program income over the last five (5) years to prevent interruption of
services provided by the CCNCTBEP. DOT is delivered to TB suspects and
cases seven (7) days a week by the CCNCEBEP staff. All CCNCTBEP staff is
trained to deliver DOTIDOPT.
2
3. Determine the number of persons who received from the CONTRACTOR in
2008 at least one TB service including but not limited to tuberculin skin
tests, chest radiographs, health care worker services, or treatment with one
or more anti- tuberculosis medications. Begin collecting this information
no later than .January 1, 2008.
CCTBC will immediately separate out the information. Sign -in sheets and daily
logs will facilitate recovery of this information. This information will be kept in a
log format on a daily basis.
4. Describe how data is collected and tabulated, who will be responsible for
data collection and reporting, and how often data collection activities will
occur. Describe how you will conduct community surveillance, to identify
unreported cases of TB and individuals suspected of having TB infection.
Describe how you will maintain a record of outbreaks, in your area, with a
description of the outbreak and how it was managed.
Data collection is an ongoing process for CCNCTBEP. Sign -in sheets are
utilized daily for assessing a client's need by CCNCTBEP. PPDs are tabulated
and categorized on a monthly basis according to why the service was needed;
TB cases /suspects and DOT /DOPT are tabulated monthly and reviewed daily;
latent TB Infection clients are tabulated monthly. Data collection is an ongoing
activity; the statistics are utilized to provide DSHS TB Elimination Program with
Corpus Christi- Nueces County Morbidity and other necessary numbers for their
reports to CDC and other agencies.
Community surveillance is accomplished by maintaining excellent communication
with all the local hospitals and local physicians, maintaining community screening
programs in the homeless shelters, drug and alcohol treatment center, jails,
halfway houses, private PPD clients, foster parents, and high risk maternity.
CCNCTBEP visits private physician offices for consultations for their patients.
We feel this is a more personal approach to keeping the. physician informed
about his/her patient and in providing him/her with the most recent literature on
tuberculosis diagnosis, management and guidelines for reporting suspects and
cases or a positive reactor.
Should an outbreak of tuberculosis occur, DSHSTBED and Region 11 would be
notified and consulted for guidance and assistance. A record would be
developed for future tracking of the contacts. All TB suspects /cases and
contacts would be evaluated, placed on DOT with the appropriate medication,
and if they could not be maintained in the community, a request for
hospitalization would be made. Those that would be noncompliant would be
managed under court orders. When the outbreak would come under control, an
incident report would be compiled with recommendations for any future outbreak
and the information shared with DSHSTBED
5. Describe coordination with the other health and human services providers
in the service area(s) and delineate how duplication of services is to be
avoided. List other community programs you will be working with in your
3
jurisdiction (community based organizations, private providers, hospitals,
and service organizations).
CCNCTBP manages all reported tuberculosis suspects and cases in CCNC.
CCNCTBP works closely with all community based organizations and often
assists TB programs in other counties with the management of the TB suspects
and cases.
6. Describe ability to provide services to culturally diverse populations (e.g.,
use of interpreter services, language translation, compliance with ADA
requirements, location, hours of service delivery, and other means to
ensure accessibility for the defined population).
CCNCTBP has two bilingual employees, Brenda Hinojosa and Gabriel Duran.
Both speak Spanish and Mr. Duran is able to translate English to Spanish and
Spanish to English form chart forms and for client instructions.
7. Describe your strategy for the management of TB cases and suspects, with
emphasis on provision of directly observed therapy (DOT).
All Tuberculosis (TB) cases and suspects are placed on four (4) drug therapies
given by DOT per the American Thoracic Society (ATS), Center for Disease
Control (CDC) and Infectious Diseases Society of America (IDSA) guidelines.
Private physicians are provided current information related to TB management to
ensure the correct medication and DOT is ordered. If a private physician does
not place a patient on four (4) drug therapy or DOT, a consultation is requested
for that physician with Dr. Burgin, Dr. Barbara Seaworth, Dr. David Griffith, or Dr.
Starke. CCNCTBEP does seven (7) days a week DOT in Nueces County.
TB suspects and cases determined to be infectious by smear are placed on
home isolation until they are no longer able to transmit disease. Control orders
are utilized at the start of care to establish parameters and prevent the need for
quarantine. Control orders are given in the patient's language or an interpreter
may read the letter to the patient or the guardian of the patient. Court ordered
management would be initiated for those that are non- compliant.
Education is provided for TB cases and their families that covers TB disease vs.
TB infection, INH side effects, importance of following all the instructions given,
the schedule for follow up chest x -rays, having blood drawn, work -ups, sputum
collection, and the phone. number of the case manger. All TB cases are informed
that if they need to talk to the TB Elimination Medical Consultant they can
schedule an appointment on Tuesdays during x -ray clinic to speak to the
consultant.
Drug susceptibility is done on all initial specimens, and treatment is adjusted if
drug resistance is identified. Sputum is collected three (3) consecutive days
every two weeks until the patient is smear negative then three consecutive days
monthly until the end of treatment. If the patient remains smear and culture
positive on adequate doses of medication, then new susceptibilities are
0
e d
requested. Drug levels are done on an as needed basis for those patients that
continue to be smear and culture positive longer than the guidelines address.
Those patients identified as drug resistant or with low drug levels require a
consultation with a state paid consultant.
A licensed physician certified in pulmonary diseases monitors TB cases. Human
Immunodeficiency Virus (HIV) and syphilis counseling as well as testing are part
of the admission lab. Toxicity assessment is done prior to each dose of
medication. Liver profiles are drawn per DSHS Tuberculosis Elimination Division
protocols throughout treatment. Visual acuity is done monthly while color vision
and hearing screening is done based on the drugs the patient is prescribed. All
this is recorded in the patient's record. TB . cases and suspects are treated
without consideration to the patient's ability to pay.
8. Describe your strategy for the management of contacts and positive
reactors, with emphasis on directly observed preventive therapy (DOPT).
Identify and'examine all household, social, occupational and other close contacts
to the suspected infectious TB suspects within seven (7) days of notification
utilizing the concentric circle and send the preliminary 340 to Austin TB
Elimination. All close household contacts to a smear positive TB suspect or TB
case will have a chest x -ray regardless of their TB skin test result. The final TB
3401341 is to be forwarded to Austin TB Elimination within 90 days. All children
with a negative chest x -ray that live in the house with a smear positive TB
suspect or TB case are placed on Directly Observed Preventive Therapy on INH.
Those with a positive PPD are continued for nine (9) months on INH and those
that have a negative PPD at three months may discontinue [NH if the PPD is
negative and the TB case is no longer smear negative or no longer in the home.
Ail household contacts five (5) years and under are placed on DOPT. Older
household contacts are placed on DOPT as resources allow.
All patients on DOTMOPT are assessed for drug toxicity prior to each dose of
medication and must come into the clinic once a month for a workup that
includes a drug toxicity check, age appropriate lab and a visual acuity.
All positive reactors referred to CCTBC by private physicians are questioned as
to who infected them. They are provided a chest x -ray or given a referral for a
chest x -ray privately. The x -rays are read by Dr. Burgin and INH is ordered if the
chest x -ray is normal. Positive reactors picking up medication monthly must
have a drug toxicity check, and age appropriate lab with their monthly work -up.
Treatment for Latent TB Infection is provided without cost to the patient.
9. Describe your infection control procedures.
All CCNCTBEP staff received education related to personal respirators, when to
wear the respirators, and how to maintain them. Each staff member has been fit
tested.
F
! G' Y
CCNCTBEP has two portable heap filter units that are used as needed in the
patient exam rooms, x -rays or any other area of the clinic when needed. A mask
is placed on anyone in the office that is coughing and the patient is immediately
taken to an exam room with a heap filter and UV light. Sputum is collected in a
negative pressure chamber. CCNCTBEP has seven (7) UV lights installed
including in the clinic areas, the x -ray room, lobby, and hall over the clinic exit.
Skin testing for TB staff is one every six (6) months. To date, the six (6)
employees working in this program remain skin test negative and four have
worked in the department more than ten (10) years.
10. Describe plans to conduct targeted TB screening programs for high -risk
populations.
All CCNCTBEP staff has excellent working relationships with the homeless
shelters, drug and alcohol treatment centers, jail, and other adult and juvenile
correctional facilities. We work closely with the Coastal Bend Aids Foundation,
the Valley Aids Clinic, high -risk maternity clinics, and the indigent health clinic at
Christus Spohn Memorial Hospital. The primary DOT provider speaks and writes
fluent Spanish. Information is provided to Austin TB Elimination Division through
CCNCTBEP related to these targeted populations.
11. Describe your strategy to provide professional education and training
programs for new and current TB staff.
Professional education consists of the education and training of new employees
and the continuing education of TB staff. Training will be provided to all new
employees within 60 days. Each new employee must receive 40 hours of TB
education within the first 60 days of employment and 16 hours of training each
year thereafter. This includes all staff involved in TB activities including
physicians, nurses, investigators, outreach workers, medical records clerks,
receptionists, and other support staff. The TB. education will be utilized when
possible to provide workshops with continuing hours of
education being documented. CDC's "Self Study Modules on Tuberculosis" will
be used in the initial training, and the test will be given at the completion of the
modules. Initial and follow -up training will
include the suggested reading materials identified in the TDH contract. A written
plan will be developed for each new employee and addressed with the new staff
member by the TB Program Manager on the first day the employee spent in the
TB Clinic after City Orientation. A time frame will be established for completing
the initial education phase and a time frame will be established for acquiring the
16 hours of TB education needed yearly. The assessment of need will be done
by the employee and the program manger, and the plan will be written yearly
before the annual evaluation and reviewed quarterly with the employee by the
Program Manager. A copy will be placed in their personal record and they will
retain a copy for themselves.
Staff will be instructed where the Staff education Notebook is kept and that they
are responsible for recording each educational event and notifying the Program
Manager if a workshop is canceled and rescheduling is needed. A copy of TDH
0
Performance Standards for professional education will be given to each new
employee at time of hire and to all other staff. A copy of TDH Performance
Standards will be placed in the TB Education Notebook for reference.
12. Describe the internal program evaluation process utilized to monitor
services, identify staff that utilize them and who is responsible for ensuring
they are updated. The description shall include the following 1) role of a
program evaluation committee; 2) medical director's involvement in the
program evaluation activities; 3) activities utilized to identify trends of
needed improvement and the frequency of those activities; 4) activities to
ensure correction and follow -up to findings identified; 5) utilization and
frequency of client satisfaction surveys; 6) system utilized to identify and
monitor adverse outcomes; 7) process for identifying performance and
outcome measures; and 8) process utilized to develop protocols and
standing delegation orders.
Role of a program evaluation committee
1. DSHS TB Elimination staff review the program approximately every three (3)
years. We work to correct any problems they identified in the reviews. We have
a QA Committee inside the Corpus Christi - Nueces County Public Health District
that meets quarterly. The committee addresses problems identified by the
members or other staff, possible solutions, and the innovative things being done
in all the clinics. Problems addressed at the prior meeting are revisited to
evaluate the solutions proposed.
Medical director's involvement in the program evaluation activities
2. Dr. William W. Burgin, Jr., M.D., is the medical director for CCTBC (Corpus
Christi- Nueces County Tuberculosis Elimination Clinic). He or his associate write
all orders for medications for preventive, TB cases, or suspects. He is involved
in problem solving when patients are having difficulties with medications to
problem solving for the homeless. Dr. Burgin worked for several years at Texas
Center for Infectious Diseases when he left the Army. We are very fortunate to
have a physician as involved as Dr. Burgin is with our clinic.
Activities utilized to identify trends of needed improvement and the
frequency of those activities
3. CCTBC staff and PR.N meet weekly to address any problems encountered
with clients. Solutions are proposed and progress of lack of progress to the
desired outcome is addressed at the next meeting.
Utilization and frequency of client satisfaction surveys
4. CCTBC uses client surveys to monitor our effectiveness at meeting client
needs in a timely manner during office visits. The survey is provided in both
English and Spanish twice a year. Over the coming months we will be looking at
7
I
r�. ,
utilizing other languages based on our increasing diverse population. All staff is
involved as we each provide multiple services.
System utilized to identify and monitor adverse outcomes
5. Monitoring of lab, DOT, drug levels, and consultations form the TB experts.
Process for identifying performance and outcome measures
6. Ongoing monitoring of each client. Problems, whether they are medical,
personal and financial, that arise with clients should be Identified in a timely
identification manner. We assist with resolution with the problems if at all
possible.
R
i.. �� �a
2008 - 025275 -001
Categorical Budget:
EQUIPMENT $0.00
CONTRACTUAL $8,780.00
S p 2-
TOTAL DIRECT CHARGES $106,537.00
,� INDE CHARGES
TOTAL $106,537.00
CONTRACTOR SHARE $0.0.0
=� OTHER MATCH $0 0
Total reimbursements will not exceed $106,537.00
Financial status reports are due: 04130/2008, 07/30/2008, 10/30/2008, 02/27/2009
�. � ti
TEXAS DEPARTMENT OF STATE HEALTH SERVICES.
1 100 W. 4SO Street • Austin, Texas 78756
DAVID L. LAKEY, M.D. 1-888-963-7111 hto://www.dshs-state.tx.us
COMMISSIONER TDD: 512 -458 -7708
April 9, 2008
Dear Contractor:
Enclosed is an approved copy of your Department of State Health Services (DSHS) contract. Please file
it with the office of record for your agency.
The provisions of this contract require submittal of quarterly financial reports no later than 30 days after
the end of the first three quarters and a final report no later than 60 days after the end of the contract term.
Attached are preprinted Financial Status Reports (FSR 269a) for the entire term of your contract. Please
forward the FSR forms to the person in your agency responsible for completion of financial
reports. If this is a contract amendment, FSRs are provided only for the remaining term of your contract.
These reports are required regardless of whether or not expenses are incurred.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the
contract Attachment term. Additional information regarding this policy is available on the DSHS website
at hM: / /www.dshs.state.tx.us.
Please reference the DSHS contract and attachment number in all future correspondence. If you have
questions, please contact Rosalyn Lazare - Payne at 512 - 458 - 7111. ext. 2684 or via email at
Rosalyn.Lazare-PMc@dshs-state.tK.us
Si merely,
AW-
Bob Burnette, Director
Client Service Contracting Unit
Enclosures
2008 -565
Res027571
02/12/08 rat Employment Opportunity Employer and Provider
DSHS exfUlf
INDEXED
Client Services Contracting Unit MC: 1886
Department of State Health Services
1:100 W. 49h Street
P.O. Box 149347
Austin, TX 78714 -9347
Phone: (512) 458 -7470
Fax: (512) 458-7351
YOUR DOCUMENTS
PLEASE DO NOT RETURN THESE DOCUMENTS TO DSHS.
THESE DOCUMENTS ARE TO BE RETAINED FOR YOUR
RECORDS.
Please retain this set of contract documents and any attached
forms for your records.
Department of State Health. Services
Financial Status Report
FSR269A
1 100 West 490i Street
Austin, Texas 78756 -3 199
Fiscal Division/Accounts Payable
Phone(512)458 -7435
Contractor Name: CORPUS CHRISTI- NUECES
COUNTY PUBLIC HEALTH DISTRICT (CITY)
DSHS Program: TB/PC
DSHS Contract #: 2008- 025275
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17460005741027
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
City, ST, Zip: CORPUS CHRISTI, TX 78469 -9277
Contract Term:
From: 01/01/2008
Period Covered in Report:
From: 01/01/2008
To: 12/31/2608
To: 3/31/2008
PO Number:
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
(i)
Budget Categories
(ii)
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance (ii minus iv)
a. Personnel
60,806.00
b. Fringe Benefits
34,501.00
c. Travel
2,450.00
d. Equipment
0.00
e. Supplies
0.00
f. Contractual
8,780.00
g. Other
0,00
b. Total Direct Charges
106,537.00
i. Indirect Charges
0.00
j. Total Charges
106,537-00
Less: k. Program Income Collected
(
}
(
)
1. Non -DSHS Funding
(
)
m. ADVANCE: Received (Col. iii)/Repaid (Col. iv)
Balance Owed (Col. v)
(
)
n. Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
Typed or Printed Name and Title of Certifying Official
Telephone:
LJtiJ corm 4,:-4a (Laya) Kevised 6104
Department of State Health Services
Financial Status Report
FSR269A
1100 West 49`h Street
Austin, Texas 78756 -3199
Fiscal Division/Accounts Payable
Phone (5,12 )458 -7435
Contractor Name: CORPUS CHRISTI- NUECES
COUNTY PUBLIC HEALTH DISTRICT (CITY)
DSHS Program: TB/PC
DSHS Contract #: 2008 - 025275
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17460005741027
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
City, ST, Zip: CORPUS CHRISTI, TX 78469 -9277
Contract Term:
From: 01/01/2008
Period Covered in Report:
From: 04/01/2008
To: 12/31/2008
To: 06 /30/2008
PO Number:
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
(i)
Budget Categories
(ii)
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance Cii minus iv)
a. Personnel
60,806.00
b. Fringe Benefits
34,501.00
c. Travel
2,450.00
d. Equipment
0.00
e. Supplies
0.00
f. Contractual
8;780.00
g. Other
0.00
h. Total Direct Charges
106,537.00
L Indirect Charges
0.00
j. Total Charges
106,537.00
Less: k. Program Income Collected
(
)
{
)
1. Non -DSHS Funding
m. ADVANCE: Received (Col. iii)/Repaid (Col, iv)
Balance Owed (Col. v)
n. Total Reimbursement Requested
(
)
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the p=oses set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
/ 1
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC-4a (269a) Revised 6104
Department of State, Health Services
Financial Status Report
FSR269A
1100 West 49`h Street
Austin, Texas 78756 -3199
Fiscal Division/Accounts Payable
Phone (512 )458 -7435
Contractor Name: CORPUS CHRISTI- NUECES
COUNTY PUBLIC HEALTH DISTRICT CITY)
DSHS Program: TB/PC
DSHS Contract #: 2008 - 025275
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17460005741027
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
City, ST, Zip: CORPUS CHRISTI, TX 784699277
Contract Term:
From: 01/01/2008
Period Covered in Report:
From: 07/01/2008
To: 12/31/2008
To: 09/30/2008
PO Number:
Final Report [ ] Yes [ ] No
Project Cost per General Ledger
W
Budget Categories
(ii)
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance (ii minus iv }
a. Personnel
60,806.00
b. Fringe Benefits
34,501.00
c. Travel
2,450.00
d. Equipment
0.00
e. Supplies
0.00
f Contractual
8,780.00
g. Other
0.00
h. Total Direct Charges
106,537.00
i. Indirect Charges
0.00
j. Total Charges
106,537.00
Less: k. Program Income Collected
1. Non -DSHS Funding
(
}
C.
{
)
)
m. ADVANCE: Received (Col. iii)/Repaid (Col. iv)
Balance Owed (Col- v)
(
)
n. Total Reimbursement Requested
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
1 I
Typed or Printed game and Title of Certifying Official
Telephone:
DSHS Form GC4a (269a) Revised 6104
Department of State Health Services
Financial Status Report
FSR269A
1100 West 49``' Street
Austin, Texas 78756 -3199
Fiscal Division/Accounts Payable
Phone (512)453 -7435
Contractor Name: CORPUS CHRISTI- NUECES
COUNTY PUBLIC HEALTH DISTRICT (CITY)
DSHS Program: TB/PC
DSHS Contract #: 2008 - 025275
Payee Account #:
Attachment #: 001
Payee Vendor ID: 17460005741027
Basis: [ ] Cash
[ ] Accrual
Payee Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
City, ST, Zip: CORPUS CHRISTI, TX 78469 -9277
Contrast Term:
From: 01/01/2008
Period Covered in Report:
From: 10/01/2008
To: 12/31/2008
To: 12/30/2008
PO Number:
Final Report [ ] Yes t ] No
Project Cost per General Ledger
(i)
Budget Categories
(ii)
Approved Budget
(iii)
This Period
(iv)
Cumulative
(v)
Remaining Budget
Balance (ii minus iv)
a. Personnel
60,806.00
b: Fringe Benefits
34,501.00
c. Travel
2,450.00
d. Equipment
0.00
e. Supplies
0.00
f Contractual
8,780.00
g• Other
0.00
h. Total Direct Charges
106,537.00
i. Indirect Charges
0.00
J. Total Charges
106,537.00
Less: k. Program Income Collected
1. Nan -DSHS Funding
( )
(
(
)
)
m. ADVANCE: Received (Col. iii)/Repaid (Col. iv)
Balance Owed (Col_ v)
n. Total Reimbursement Requested
(
)
o. Total Reimbursement Received
Prepared By:
Title:
Phone #:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unli uidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Date Submitted
I I
Typed or Printed Name and Title of Certifying Official
Telephone:
DSHS Form GC-4a (269a) Revised 6/04
Client Services Contracting Unit MC: 1886
Department of State Health Services
1100 W. 491h Street
F.O. Box 1.49347
Austin, TX 78714 -9347
Phone: (512) 458 -7470
Fax: (512) 458 -7351
YOUR DOCUMENTS
PLEASE DO NOT RETURN THESE DOCUMENTS TO DSHS.
THESE DOCUMENTS ARE TO BE RETAINED FOR YOUR
RECORDS.
Please retain this set of contract documents and any attached
forms for your records.
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2008- 025275 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT CITY (Contractor),
a Government Entity, (collectively, the Parties).
1. Purpose of the .Contract. DSHS. agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and.Payment Method „, The total amount of this Contract
is $106,537.00, and the payment method(s) shall be as specified in the Program Attachments:
3. Funding Obligation. 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 health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 01/01/2008 and ends on 12/3112008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this. document)
b. Program Attachments-
2008-025275-001 TB - PREVENTION AND CONTROL
c. General Provisions (Sub - recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
L Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648 -1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee.. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Vendor Identification Number: 17460005741027
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI- NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By: Ali�_
Signature of Authorized Official Sign ture
t1. -,I-Q
Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458 -7470 G4 ,
AUfH MJW
Bob.Bumette @dshs.state.tx. s
hp.
Air. -
92648 -1 AI W ,
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Date
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City, Stat , Zip
Telephone Number
E -mail Add es ondence
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