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Contract 26184
CITY SECRETARY CONTRACT NO. TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Document No.7560005286 2001 COUNTY OF TRAVIS CONTRACT CHANGE NOTICE NO. 01 The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with FORT WORTH DEPARTMENT OF PUBLIC HEALTH hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT. NO. 02: REGIONAL/LOCAL HEALTH OPERATIONS All terms and conditions not hereby amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. Authorized Contracting Entity(type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: RECEIVING AGENCY: FORT WORTH EPARTMENT OF PUBLIC HEALTH TEXAS DEPARTMENT OF HEALTH By: By: "zZ., ( 'gnature of per16A authorized to sign contracts) (Signatur of person authorized to sign contracts) Libby Watson, Assistant City Manager Sidney P. Shelton, Chief Bureau of Financial Services (Name and Title) (Na and Title) Date: 9/11/00 Date: RECOMMENDED: ATTESTED BY 'u' '�) /'2-"'S� By: (PE ORMING AGfigft Dire r, if different from person authorized to sign contract) Cc, _ /-;2—,qq5 SB GMD-Rev.3/99 Contract Authorization `7- 4— v Date ojmc Q�RECCID Cover Page 1 C�� ��C���� ' DETAILS OF ATTACHMENTS Attl TDH Term Financial Assistance Direct Total Amount Amd Program/ Assistance (TDH Share) No. ID Begin End Source of Amount Funds* 01 BRLHO 09/01/00 08/31/01 93.991 40,000.00 0.00 40,000.00 02 BRLHO/INNOV 07/01/00 08/31/01 1 State 168,849.00 0.00 168,849.00 TDH Document No.7560005286 2001 Totals $208,849.00 $0.00 $208,849.00 Chane No. 01 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 ' s • GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS TABLE OF CONTENTS ARTICLE 1 - PREAMBLE 2 - TERM 3 - FUNDING 4 - AMENDMENTS 5 - APPLICABLE LAWS AND STANDARDS 6 - DEBARMENT AND SUSPENSION 7 - ASSURANCES 8 - INTELLECTUAL PROPERTY 9 - HISTORICALLY UNDERUTILIZED BUSINESSES 10 - CERTIFICATION REGARDING LICENSE, CERTIFICATE, OR PERMIT 11 - CONFLICT OF INTEREST 12 - YEAR-2000 CERTIFICATION 13 - STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT 14 - BONDING I 15 - FUNDING PARTICIPATION REQUIREMENT 16 - ALLOWABLE COSTS AND AUDIT REQUIREMENTS 17 - TERMS AND CONDITIONS OF PAYMENT 18 - ADVANCE PAYMENTS 19 - PROGRAM INCOME 20 - OVERTIME COMPENSATION 21 - EQUIPMENT AND SUPPLIES 22 - CONTRACTS WITH SUBRECIPIENTS 23 - CONTRACTS FOR PROCUREMENT 24 - REPORTS 25 - INSPECTIONS 26 - RECORDS RETENTION 27 - CLIENT RECORDS 28 - CONFIDENTIALITY 29 - SANCTIONS 30 - SANCTION REVIEW 31 - BREACH OF CONTRACT 32 - TERMINATION 33 - VOID CONTRACT 34 - SEVERABILITY 35 - LOCAL HEALTH DEPARTMENT PERSONNEL 36 - SURVIVAL OF TERMS 37 - NO-WAIVER OF SOVEREIGN IMMUNITY 38 - CERTIFICATIONS (LGS) 2000 GENERAL PROVISIONS 4/99MKS. r ' i Any alteration to this document constitutes a counter-offer and must be approved in writing by the Texas Department of Health. GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS ARTICLE 1. Preamble PERFORMING AGENCY and RECEIVING AGENCY(the parties)hereby agree to make and enter into this grant contract(contract),to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work, Special Provisions, budget(s), and exhibit(s) as applicable. This contract represents the complete and entire understanding and agreement of the parties. No prior agreement or understanding,oral or otherwise,of the parties or their agents will be valid or enforceable unless embodied in this contract. The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY,warrant and guarantee that he,she,or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances, and provisions. PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless otherwise specified in any Special Provisions of the Attachment(s)to this document. If these General Provisions are revised or replaced during the term of this contract,and PERFORMING AGENCY does not consent to comply with the modified General Provisions, PERFORMING AGENCY may exercise its termination options in accordance with the General Provisions,Termination Article. ARTICLE 2. Term The time period of this contract shall be governed by the term(s)of the Attachment(s). No commitment of contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or shortened by amendment(s). ARTICLE 3. Funding This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment. PERFORMING AGENCY will have no right of action against the State of Texas or RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of sufficient funding of RECEIVING AGENCY for any Attachment(s)to this contract. If funds become unavailable, provisions of the Termination Article will apply. ARTICLE 4. Amendments This contract may be amended only if the amendment is in writing and signed by individuals with authority to bind all parties. PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the performance of different or additional services,work,or products except pursuant to an amendment of this contract that is executed aGs 2000 GENERAL PROVISIONS Pae 1 4/99 Y Y7 l'JJ�illr.i?Ir� ��O in compliance with this Article. RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment executed in compliance with this Article. PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are executed no later than 90 days prior to the expiration of the Attachment term. PERFORMING AGENCY shall provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment is requested during the last quarter of the Attachment term, the written justification must include a reason for the delay. ARTICLE 5. Applicable Laws and Standards This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this contract. The Uniform Grant and Contract Management Act(UGCMA), Texas Government Code, Chapter 783, Vernon's Texas Codes Annotated(VTCA), and the Uniform Grant Management Standards (UGMS) as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and conditions of this contract and are adopted by reference in their entirety. If a conflict arises between the provisions of this contract and the provisions of UGCMA and UGMS, the provisions of UGCMA and UGMS will prevail unless expressly stated otherwise. RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in "Part III-State Uniform Requirements for Grants and Cooperative Agreement, Subpart C-Post-Award Requirements, item_.30-Changes"and applicable federal Office of Management and Budget(OMB)circulars. RECEIVING AGENCY will provide copies of applicable OMB circulars and UGMS to PERFORMING AGENCY upon request. These documents are incorporated by reference as a condition of this contract. PERFORMING AGENCY may not use funds granted under this contract to pay any person for influencing or attempting to influence an officer or employee of any agency; federal or state; a Member of Congress; an officer or employee of Congress;or an employee of a Member of Congress in connection with the awarding of any contract or grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC §1352 and UGMS). If at anytime this contract exceeds$100,000, regardless of funding source, PERFORMING AGENCY shall file with RECEIVING AGENCY a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in connection with that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY have been or will be used for payment to lobbyists and shall disclosure of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who receives a subgrant or subcontract to file the same declaration, certification and disclosure with RECEIVING AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY previously filed a declaration,certification or disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration,certification or disclosure previously filed. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon request. (LGS) 2000 GENERAL PROVISIONS Page 2 4/99 HMO ID ARTICLE 6. Debarment and Suspension PERFORMING AGENCY certifies by execution of this contract to the following: ► it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension; ► neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency; ► it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; and ► it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of the balance of a debt. Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING AGENCY shall attach an explanation. PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. ARTICLE 7. Assurances PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully comply with the following: ► Title VI of the Civil Rights Act of 1964,42 USC §§2000d et seq. (P.L. 88-352), which prohibits discrimination on the basis of race,color or national origin,and includes the provision for effective communication and equal access to programs, services and activities to persons with Limited English Proficiency(LEP); ► Title IX of the Education Amendments of 1972,as amended,20 USC§§1681-1683,and 1685-1686, which prohibits discrimination on the basis of sex; ► Section 504 of the Rehabilitation Act of 1973,29 USC §794(a),which prohibits discrimination on the basis of disabilities and the Americans with Disabilities Act of 1990,42 USC §§12101 et seq., including the provision for effective communication and equal access to programs, services and activities to persons with sensory and speech impairments; ► The Age Discrimination Act of 1975, as amended, 42 USC §§6101-6107, which prohibits discrimination on the basis of age; ► The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; ► The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; ► Public Health Service Act of 1912, §§523 and 527, 42 USC §290 dd-2, as amended, relating to confidentiality of alcohol and drug abuse patient records; (LGS) 2000 GENERAL PROVISIONS Page 3 4/99 ► Title VIII of the Civil Rights Act of 1968, 42 USC §§3601 et seq., as amended, relating to nondiscrimination in the sale, rental or financing of housing; and, ► The requirements of any other nondiscrimination statute(s). Collectively,such requirements obligate RECEIVING AGENCY to provide services without discrimination on the basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY shall carry out the terms of this contract in a manner which will assist RECEIVING AGENCY in complying with such obligations to the fullest extent of PERFORMING AGENCY's ability. PERFORMING AGENCY agrees to comply with all or part of the following, as applicable: A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the basis of race, color, disability, religion, sex, national origin, or age. B. Immigration Reform and Control Act of 1986, 8 USC §§1324a et seq., as amended, regarding employment verification and retention of verification forms for any individual(s) hired on or after November 6, 1986, who will perform any labor or services under this contract. C. Pro-Children Act of 1994,20 USC §§6081-6084, regarding the provision of a smoke-free workplace and promoting the non-use of all tobacco products. D. The National Research Service Award Act of 1971, as amended, 42 USC §§288 et seq. and 6601 (P.L. 93-348 and P.L. 103-43)regarding the protection of human subjects involved in research, development, and related activities supported by any applicable award of federal assistance. E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, which establish federal requirements for the regulation and certification of clinical laboratories. F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 56 Fed. Reg. 64175 (1991), 29 CFR§1910.1030, which set safety standards for those workers and facilities who may handle blood borne pathogens. G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seq. (P.L. 89-544), as amended, pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. H. Article 9102, Texas Revised Civil Statutes (TRCS), as amended, pertaining to standards which eliminate architectural barriers for persons with disabilities. I. Health and Safety Code §165.004 (Vernon's Supp. 1998), relating to the promotion of breast-feeding by providing information that encourages breast-feeding to program participants who are pregnant women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY by calling (512) 406-0744. J. Environmental standards pursuant to the following: (1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§4321-4347 (P.L. 91-90) and Executive Order 11514 "Protection and Enhancement of Environmental Quality." (2) Notification of violating facilities pursuant to Executive Order 11738 "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. (4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988. (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) Conformity of federal actions to state clean air implementation plans }ender the Clean Air Act of 1955, as amended, 42 USC §§7401 et seq. (GGS) 2000 GENERAL PROVISIONS Page 4 4/99 u R( �!° � G� �G�o► o �..V LFA. (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 USC §§300f-300j (P.L. 93-523). (8) Protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93- 205). K. The Hatch Political Activity Act, 5 USC §§7321-29, which limits the political activity of employees whose principal employment activities are funded in whole or in part with federal funds. L. The Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable, concerning minimum wage and maximum hours. M. General Appropriations Act, Regular Session, 75th Legislature, 1997, Article IX, §33 "Limitation on Grants to Units of Local Government." For the purpose of§33,"unit of local government"shall mean a council of governments,a regional planning commission,or a similar regional planning agency created under Chapter 391, Local Government Code; a Local Workforce Development Board; or an MHMR community center. N. Texas Government Code,Chapter 573,Vernon's 1994, relating to nepotism. O. Texas Government Code,Chapter 552,Vernon's 1994,relating to open records and public information. P. Texas Government Code,Chapter 551,Vernon's 1994, relating to open meetings. Q. Texas Government Code, Chapter 415, and all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code, relating to regulated law enforcement agencies. PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(Executive Order 11738). PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234). Section 102 (a) requires the purchase of flood insurance in communities where the insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the U. S. Department of Housing and Urban Development as an area having special flood hazards. PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor Code, Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Chapter 41, et seq., which cover compensation for employees' injuries. When incorporated into a contract,standard assurances contained in the application package, if any, become terms or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients shall maintain an appropriate contract administration system to ensure that all terms,conditions, and specifications are met. PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required state and federal tax forms. PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive orders,regulations and policies governing the activity described in Attachment(s),and with the applicable standard conditions or assurances prescribed by UGMS in"Part III-State Uniform Requirements for Grants and Cooperative Agreement, Subpart B -Pre-Award Requirements,_. 14-State Assurances." (LGS) 2000 GENERAL PROVISIONS Page 5 U�F0C8�t� )ECORD /99 1�QpOYRv ESAU N Ua Ull l'1�'�U Up U IS4�s PERFORMING AGENCY assures it shall not transfer,assign or sell its interest in this contract,or in any equipment purchased with funds from this contract, without the written consent of RECEIVING AGENCY. ARTICLE 8. Intellectual Property Texas Health and Safety Code§12.020(a), VTCA,authorizes RECEIVING AGENCY to apply for, register,secure, hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or for intellectual property. "Intellectual property"consists of inventions; discoveries; improvements to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; computer software; literary works; musical works with any accompanying words;dramatic works with any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works; words,names,symbols,devices, slogans or any combination thereof which have been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from those of others; and any other creative works if they may be protected by a patent, copyright, trademark, service mark,collective mark,or certification mark or other evidence of protection or exclusivity whether or not protection or exclusivity has been applied for or received. "Mark," for purposes of trademark and service mark, includes a word, name, symbol, device, slogan or any combination thereof which has been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from those of others. Federal trademark law also provides for collective marks and certification marks. "Patent" protects any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement. "Work made for hire" is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as a contribution to acollective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test,as answer material for a test, or as an atlas, and the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The term"works,"for purposes of federal copyright law, includes software; literary works; musical works with any accompanying words; dramatic works with any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings and architectural works. All work performed that results in the production of original books, manuals, films, or other original material is the exclusive property of RECEIVING AGENCY. All right,title,and interest in and to said property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" for copyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may not,by operation of law,vest in RECEIVING AGENCY or such work may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents, copyrights,trademarks, service marks,certification marks,collective marks,registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY (1.GS) 2000 GENERAL PROVISIONS Page 6 (�(� ��� p ����U9 ' if ifiJC( ° qi ` e �I�n T �[�C MG? gIl°��Ey 11 . �,KONP�U U p If O! . r f shall ensure all rights,titles,and interest in and to the intellectual property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by RECEIVING AGENCY,all assistance required to perfect the rights defined in this Article, without any charge or expense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract. If federal funds are used to finance activities supported by the contract Attachment(s)that result in the production of original books, manuals, films, or other original material,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 work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal 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 awardingagency)"gency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agency)." In the event the terms of a federal grant award the copyright to PERFORMING AGENCY,RECEIVING AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,for RECEIVING AGENCY, public health, and state governmental noncommercial purposes(1)the copyright,trade mark,service mark,and 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 grant support. PERFORMING AGENCY may publish the results of the contract performance if those results are subject to copyright law at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval,PERFORMING AGENCY may still publish the results of the contract performance but shall not reference the Texas Department of Health in any manner. If RECEIVING AGENCY approves and owns the copyright,any publication should include"© Texas Department of Health, 1100 West 49th Street,Austin,Texas,(the year of publication),All Rights Reserved." If PERFORMING AGENCY is the copyright holder,any publication shall include acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11. ARTICLE 9. Historically Underutilized Businesses RECEIVING AGENCY shall comply with Texas Government Code,Chapter 2161, VTCA,and 1 TAC §§111.11- 111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies, materials,or equipment,"services, or public works. (LGS) 2000 GENERAL PROVISIONS Page 7 GSR:ter D 4/99 �o x'051�' �� o If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a good faith effort to subcontract with HUBs during the performance of its contract Attachment(s)with RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. PERFORMING AGENCY and its subrecipient(s), if any, are encouraged to use minority banks (a bank which is owned at least 50 percent by minority group members). ARTICLE 10. Certification Regarding License, Certificate,or Permit RECEIVING AGENCY may pay PERFORMING AGENCY only for personnel who are duly licensed and/or qualified to perform required services. PERFORMING AGENCY certifies that no owner, operator, or administrator of PERFORMING AGENCY has had a license, certificate, or permit revoked by any of the Texas state agencies listed below: • Adjutant General's Department • Board of Private Investigators and Private Security Agencies • Interagency Council on Early Childhood Intervention • Texas Alcoholic Beverage Commission • Texas Cancer Council • Texas Children's Trust Fund of Texas Council • Texas Commission for the Deaf and Hard of Hearing • Texas Commission on Alcohol and Drug Abuse • Texas Commission on Jail Standards • Texas Commission on Law Enforcement Officers Standards & Education • Texas Commission on Fire Protection • Texas Council on Sex Offender Treatment • Texas Criminal Justice Policy Council • Texas Department of Criminal Justice • Texas Department of Human Services • Texas Department of Mental Health & Mental Retardation • Texas Department of Protective and Regulatory Services • Texas Department of Public Safety • Texas Department of Health • Texas Health & Human Services Commission • Texas National Guard Armory Board • Texas Polygraph Examiners Board • Texas Rehabilitation Commission • Texas Youth Commission ARTICLE 11. Conflict of Interest PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any manner with the performance of its obligations under this contract. Potential conflicts of interest include an existing business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with RECEIVING AGENCY, its board members,officers or employees,or any other entity or person involved in any way in any project that is the subject of this contract. (LGS) 2000 GENERAL PROVISIONS Page 8 a ( /99 �ECCOI'euiM 'VrU- s ARTICLE 12. Year-2000 Certification PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware and micro code products used individually or together as a system to comply with RECEIVING AGENCY contract requirements will be year-2000-compliant on or before the date such hardware, software, firmware and systems are to be impacted. Year-2000-compliant means that such product operates "accurately" in the manner in which it was intended as it relates to date related operations when given a "valid date" containing century, year, month, and day. For purposes of this Article, "supplied or supported software, hardware, firmware and micro code products" does not include software supported by RECEIVING AGENCY or an agency of the federal government. PERFORMING AGENCY is responsible for installing and implementing year-2000-compliant versions of any software provided by RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract. For purposes of this Article, 1) "accurately" is defined to include the following: a) calculations must be correctly performed using four-digit year processing; b)functionality-on-line,batch including entry, inquiry, maintenance and updates must support four-digit year processing; c) interfaces and reports must support four-digit year processing; d) successful translation into year-2000 with the correct system date (e.g., 01/01/2000) must occur without human intervention; e)processing with a four-digit year after transition to any date beyond the year 2000 must occur without human intervention; f) correct results in forward and backward date calculation spanning century boundaries must be provided; g) correct leap year calculations must be performed-'and h) processing correct results in forward and backward date calculation spanning century boundaries must occur, including the conversion of previous years currently stored as two digits; 2) "date integrity" shall mean all manipulations of time-related data (dates, durations, days of week, etc.) will produce desired results for all valid date values within the application domain; 3) "explicit century" shall mean date elements in interfaces and data storage permit specifying century to eliminate date ambiguity; 4) "extraordinary actions" shall be defined to mean any action outside the normal documented processing steps identified in the product's reference documentation; 5) "general integrity" shall mean no value for current date will cause interruptions in desired operation- especially from the 20th to 21st centuries; 6) "implicit century" shall mean for any data element without century, the correct century is unambiguous for all manipulations involving that document; (LGS) 2000 GENERAL PROVISIONS Page 0FBG��';►� �`?'�'G�RD 4/99 7) "product" or "products" shall be defined to include, but is not limited to, any supplied or supported hardware, software, firmware and/or micro code; 8) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year. PERFORMING AGENCY and its subrecipient(s) must obtain a warranty from any vendor/licensor from which it obtains product(s) that product(s) delivered and installed under the contract/license shall be able to accurately process valid date data when used in accordance with the product documentation provided by the contractor/ licensor and require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under the contract/license possess general integrity, date integrity, explicit and implicit century capabilities. If the contract/license requires that specific products must perform as a system in accordance with the foregoing warranty, then the warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and subject to, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the contract/license; provided, that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or replacement of any supplied product whose noncompliance is discovered and made known to the contractor/licensor in writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contract/license with respect to defects other than Year-2000 performance. RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to PERFORMING AGENCY's product/software from RECEIVING AGENCY is inaccurate or corrupt. ARTICLE 13. Standards for Financial and Programmatic Management PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative Procedures Manual. 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 payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate audits and resolution of any findings; and, C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasonable efforts to collect from patients and third parties. PERFORMING AGENCY must bill all third party payers for services provided under the Attachment(s) before submitting any request for reimbursement to RECEIVING AGENCY. A third party payer is any person or entity who has the legal responsibility for paying all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions will be provided by PERFORMING AGENCY at no cost to the client. PERFORMING (GGS) 2000 GENERAL PROVISIONS Page 10 -- - 4/99 �^,.4 r, ..6 u �;G�� �15Wn1U�U i s� AGENCY or its subrecipient must become a Medicaid provider if performing approved Texas Medicaid services authorized by the Attachment(s). PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management. Such responsibility shall include: accountability for all funds and materials received from RECEIVING AGENCY;compliance with RECEIVING AGENCY rules,policies,procedures,and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self- evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. ARTICLE 14. Bonding PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of PERFORMING AGENCY handling funds under this contract, including person(s)authorizing payment of such funds. The fidelity bond, insurance,or self-insurance will provide for indemnification of losses occasioned by: 1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. ARTICLE 15. Funding Participation Requirement PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in securing other funding unless otherwise directed or approved by RECEIVING AGENCY. ARTICLE 16. Allowable Costs and Audit Requirements Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative requirements are as follows: Applicable Cost Principles* Audit Requirements* Administrative Requirements* OMB Circular A-87, State& OMB Circular A-133 UGMS Local Governments OMB Circulars shall be applied with the modifications prescribed by UGMS. PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for reimbursement under this contract. PERFORMING AGENCY must incur cost(s) prior to requesting reimbursement under this contract. No later than 90 days after the end of the applicable Attachment term, RECEIVING AGENCY must receive vouchers from PERFORMING AGENCY for costs encumbered by the last day of the applicable Attachment term. Reimbursement requests submitted and postmarked more than 90 days following the end of the applicable Attachment term may or may not be reimbursed, at the discretion of RECEIVING AGENCY. (LGS) 2000 GENERAL PROVISIONS Page 11 4/99 y 'ieiq`; �L7Wo PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGMS. The audit shall be of PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS. PERFORMING AGENCY shall procure audit services in compliance with state procurement procedures, as well as with the provisions of UGMS. If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required. RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope audit is required. Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division. ARTICLE 17. Terms and Conditions of Pant For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not exceed the total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service,work, and/or product has been satisfactorily performed and authorized in accordance with this contract. PERFORMING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher(TDH Form B-13) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit vouchers for reimbursement monthly within 30 days following the end of the month covered by the bill. PERFORMING AGENCY shall submit a reimbursement request as a final close-out bill not later than 90 days following the end of the applicable Attachment term(s). Reimbursement requests submitted and postmarked more than 90 days following the end of the applicable Attachment term may not be paid,at the discretion of RECEIVING AGENCY. For any contract Attachment(s)beginning on or after September'], 1999, PERFORMING AGENCY shall disburse program income,rebates, refunds, contract settlements, audit recoveries and interest earned on such funds before requesting cash payments including advance payments from RECEIVING AGENCY. RECEIVING AGENCY is required to place PERFORMING AGENCY on Direct Deposit status in accordance with Texas Government Code, §403.016(c), VTCA. PERFORMING AGENCY will no longer receive copies of vouchers. Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall use the funds from this contract to increase state or local funds currently available for a particular activity. PERFORMING AGENCY shall maintain its current level of support, if possible. RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within 30 days of written notice. RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING (L GS) 2000 GENERAL PROVISIONS Page 12 4/99 4 AGENCY. RECEIVING AGENCY may take repayment from funds available under any contract Attachment, active or expired, in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. ARTICLE 18. Advance Payments PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for cash disbursement. PERFORMING AGENCY must make the request on a State of Texas Purchase Voucher, accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY's Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable Attachment period or at a later time in the applicable Attachment period if circumstances so warrant. Approval of the request for advance will be at the discretion of RECEIVING AGENCY. If the request is approved, the voucher will be processed; if disapproved, RECEIVING AGENCY will provide written notification to PERFORMING AGENCY. RECEIVING AGENCY will determine the amount of the advance,if any,by the amount and term of the applicable Attachment(s). For each Attachment,the amount of the advance shall not exceed an amount equal to the amount of the Attachment divided by the number of months covered by the Attachment multiplied by two(2). Advance funds will be expended during the applicable Attachment term so that, after the final monthly billing, PERFORMING AGENCY will not have advance funds on hand. If the Attachment is amended to increase or decrease the total amount, RECEIVING AGENCY may make an upward or downward adjustment to the allowable advance in accordance with the above formula. If PERFORMING AGENCY is requesting an upward adjustment,PERFORMING AGENCY must submit a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward,RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment. ARTICLE 19. Program Income PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D,Health and Safety Code, VTCA; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC §1.91; and other applicable laws. No patient maybe denied a service due to inability to pay. All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the Attachment(s)during the term of the Attachment(s)are considered program income. PERFORMING AGENCY shall identify and report this income utilizing the forms and time frames specified in the Reports Article of these provisions. PERFORMING AGENCY shall utilize one of the following methods for applying program income: I. Additive method-add the program income to the funds already committed to the project by both parties. Program income will be used by PERFORMING AGENCY to further the program objectives of the state/federal statute under which the Attachment(s)was/were made, and it shall be spent on the same project in which it was generated. 2. Deductive method-deduct the program income from the total allowable costs to determine the net allowable costs. (LGS) 2000 GENERAL PROVISIONS Page 13 4/99 Q y PERFORMING AGENCY must expend program income during the Attachment tern in which it is earned,and may not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be refunded to RECEIVING AGENCY. RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY's proficiency in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the applicable Attachment(s). ARTICLE 20. Overtime Compensation PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the normal rate of pay for hours worked in excess of normal working hours. ARTICLE 21. Equipment and Supplies In accordance with Health & Safety Code, §12.053, VTCA, title to all equipment and supplies purchased from funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the Attachment is terminated. Equipment is defined as tangible nonexpendable property with an acquisition cost of more than $1,000 and a useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players, microcomputers, software, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is more than $500, they will still be considered equipment, must be approved for purchase, and are considered capital assets for inventory purposes. Medical and laboratory equipment in this category is defined as microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory equipment not included in these five categories is not considered a capital asset unless the unit value is more than $1,000. Supplies which may be necessary to carry out the contract include medical supplies, drugs,janitorial supplies,office supplies, patient educational supplies, software less than $500, plus any equipment with a purchase price including freight not to exceed $1,000 per item, except those defined as"equipment." Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is required for any changes to approved equipment purchases meeting the above equipment definition. To receive approval to purchase data processing hardware and software or enhancements, PERFORMING AGENCY must submit a detailed justification and specification which include a description of features, make and model, and cost, etc. PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report(TDH Form GC-1 1) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said assets. Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other (LGS) 2000 GENERAL PROVISIONS Page 42,,Q 4/99 o po party designated by RECEIVING AGENCY. RECEIVING AGENCY may,at its option and to the extent allowed by law,transfer the reversionary interest to such property to PERFORMING AGENCY. ARTICLE 22. Contracts with Subrecipients PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in specific Attachment(s). PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. Contracts with subrecipients shall be in writing and must include the following: • name and address of all parties; • a detailed description of the services to be provided; • measurable method and rate of payment and total amount of the contract; • clearly defined and executable termination clause; • beginning and ending dates which coincide with the dates of the applicable contract Attachment(s) or cover a term within the beginning and ending dates of the applicable contract Attachment(s); • access to inspect the work and the premises on which any of the work is performed, in accordance with the Inspections Article contained in this contract; and • all clauses required by state/federal statutes,executive orders,and their implementing regulations. PERFORMING AGENCY agrees that all contracts with subrecipients containing a categorical budget shall include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate. Prior to entering into an agreement equaling $25,000 or 25% of an Attachment, whichever is greater, PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY. PERFORMING AGENCY shall ensure that: • subrecipients are fully aware of the requirements imposed upon them by state/federal statutes and regulations; • subrecipients comply with all financial management requirements as defined by RECEIVING AGENCY and the applicable OMB circulars; • subrecipients complete required audits; • an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit reports and the resolution of any findings and questioned costs cited by these reports. ARTICLE 23. Contracts for Procurement PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY for the performance of any subcontracted activity. Contracts for procurement shall be in writing and must contain the following provisions: (LGS) 2000 GENERAL PROVISIONS Page 15U�UO'�1�`p ���,,(�JfD 4/99 IVf d ��'��L71Y�Y�Y o C1i��IC'�uuq YR. • Administrative,contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (contracts other than small purchases). • Termination for cause and for convenience by PERFORMING AGENCY including the manner by which it will be effected and the basis for settlement (all contracts in excess of$10,000). • Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in Department of Labor regulations(29 CFR Part 3) (all contracts and subgrants for construction or repair). • Compliance with §§103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers). • Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. • Notice of RECEIVING AGENCY requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data. • Access by RECEIVING AGENCY,the federal grantor agency, the Comptroller General of the United States,the State of Texas or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. • Retention of all required records for three years after RECEIVING AGENCY make final payments and all other pending matters are closed. • Compliance with all applicable standards, orders, or requirements issued under §306 of the Clean Air Act(42 USC §1857(h)), §508 of the Clean Water Act(33 USC §1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of$100,000). • Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued in compliance with the Energy Policy and Conservation Act(P. L. 94-163). ARTICLE 24. Reports Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of whether expenses have been incurred. For each Attachment, PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a(TDH Form GC-4a) within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269a(TDH Form GC-4a), not later than 90 days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase Voucher if all costs have not been recovered,or PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds received. Failure to file a purchase voucher in a timely manner may result in RECEIVING AGENCY disallowing payment. PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY other reports including financial reports RECEIVING AGENCY determines to be necessary to accomplish the (LGS) 2000 GENERAL PROVISIONS Page 16 v J�J©4 99 r • objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify RECEIVING AGENCY. ARTICLE 25. Inspections RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal government have the right, at all reasonable times,to inspect or otherwise evaluate the work (including reviews of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere with the work. PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal government,and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination, excerpts,and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under Attachment(s)will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING-AGENCY. PERFORMING AGENCY's resolution of findings will also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the deficiencies are properly remedied. ARTICLE 26. Records Retention PERFORMING AGENCY shall retain,preserve and make available all required records for a period of three years from the date of the last expenditure report submitted under contract Attachment(s)or until all audit questions are resolved, or until any court orders requiring record retention are dissolved, whichever time period is longer. Microfilm copies of records required to be kept under the Attachment(s) may be substituted for the originals in accordance with guidelines and procedures approved by RECEIVING AGENCY, provided that the microfilm procedures are reliable and are supported by an adequate retrieval system, unless otherwise ordered by a court of general jurisdiction. ARTICLE 27. Client Records Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, PERFORMING AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care by the PERFORMING AGENCY. RECEIVING AGENCY may require PERFORMING AGENCY,or any subrecipient,to transfer a client or patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient. (LGS) 2000 GENERAL PROVISIONS Page Jrf�r � 4/99 ESPYIc ... �o tin;<<,��➢ �. In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as authorized by law upon written notice to PERFORMING AGENCY,either to another entity that agrees to continue the service or to RECEIVING AGENCY. At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the records or provide copies for audit,examination,evaluation, inspection, litigation,or other circumstances that may arise, to the extent authorized by law. PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer an identifiable client record, including a patient record, to another entity or person without written consent from the client or patient, or someone authorized to act on his or her behalf. Written consent must be given on a form provided by RECEIVING AGENCY or as otherwise authorized by law, including the Texas Medical Practice Act, Article 4495b, TRCS. ARTICLE 28. Confidentiality PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under this contract. PERFORMING AGENCY shall not disclose or transfer confidential client or patient information, including information required by the Reports Article, except in accordance with applicable law. If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING AGENCY's workplace policies based on the model guidelines, and PERFORMING AGENCY shall educate employees and clients concerning the human immunodeficiency virus (HIV)and its related conditions, including acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §§85.112-114, VTCA. ARTICLE 29. Sanctions RECEIVING AGENCY may impose sanctions for any breach of contract, and will monitor PERFORMING AGENCY for both programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, rule, regulation,or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s)of this Article to give effect to both. RECEIVING AGENCY may: A. terminate all or a part of the contract. Termination is the permanent withdrawal of PERFORMING AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by PERFORMING AGENCY to obligate previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. Termination does not include: (1) withdrawal of funds awarded on the basis of PERFORMING AGENCY's underestimate of the unobligated balance in a prior period;(2)withdrawal of the unobligated balance as of the expiration of a contract; (3) refusal to extend a contract or award additional funds, to make a competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception; (GGS) 2000 GENERAL PROVISIONS Page 18 -a. /99 �a �o B. suspend all or part of the contract. Suspension is, depending on the context, either(1)the temporary withdrawal of PERFORMING AGENCY's authority to obligate funds pending corrective action by PERFORMING AGENCY or its subrecipient(s)or pending a decision to terminate or amend the contract, or (2) an action taken by a suspending official in accordance with agency regulations implementing Executive Order 12549 to immediately exclude a person from participating in contract transactions for a period,pending completion of an investigation and such legal or debarment proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension; C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in compliance; D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for proper charges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or indebtedness to the United States or to the State of Texas; E. permanently withhold cash payments. Permanently withholding of cash payment means that RECEIVING AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s)for a) unallowable, undocumented, disputed, inaccurate, improper, or erroneous claims; b)failure to comply with contract provisions; or c) indebtedness to the United States or to the State of Texas; F. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of time not to exceed five years; G. delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are pending resolution; H. place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be placed on accelerated monitoring for a period not.to exceed six months at which time items of noncompliance must be resolved or substantial improvement shown by PERFORMING AGENCY; I. conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished; J. require PERFORMING AGENCY to obtain technical or managerial assistance; K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or reimbursement by PERFORMING AGENCY; L. establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; M. require additional, more detailed, financial and/or programmatic reports to be submitted by PERFORMING AGF,NCY; N. demand repayment from PERFORMING AGENCY; ([.GS) 2000 GENERAL PROVISIONS Page 19 4/99 1-1 0 Uo VU�J I�'yUJF U�uuo O. reduce the contract funding amount for failure to achieve or maintain the proposed level of service,to expend funds appropriately and at a rate which will make full use of the award, or to provide services as set out in the contract; and P. impose other remedies provided by law. RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (with the exception of accelerated monitoring,which may be unannounced), stating the nature of the sanction(s), the reasons for imposing them,the corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions,and the method, if any,of requesting reconsideration of the sanctions imposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to RECEIVING AGENCY's program/division that sent the notice, acknowledging receipt of such notice and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If RECEIVING AGENCY determines that a sanction is warranted, and unless the sanction is subject to review(see Sanction Review Article) RECEIVING AGENCY's decision is final and PERFORMING AGENCY must take corrective action. In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the reason for the emergency action. An"emergency" is defined as the following: • PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety by failing to provide services, providing inadequate services, providing unnecessary services,or utilizing resources so that the public or clients do not receive the benefits contemplated by the contract scope of work or performance measures; • PERFORMING AGENCY fails to achieve a performance measure; • PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in accordance with applicable federal or state laws and regulations or the provisions of the contract; or • PERFORMING AGENCY is expending funds inappropriately. Whether PERFORMING AGENCY's conduct or inaction is an emergency shall be determined by RECEIVING AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct. ARTICLE 30. Sanction Review PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or part of the contract, suspension of all or part of the contract,permanent withholding of cash payments,and denial of contract renewal or future contract awards. PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification by providing written notice of the dispute to the person who signed the notification. (LGS) 2000 GENERAL PROVISIONS Page 20 . G' 1 jED 4/99 GO Fo KN-1111H 0. • PERFORMING AGENCY's notice shall contain the following: (1) a copy of the letter from RECEIVING AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of PERFORMING AGENCY's position; and(7)a statement and authorities in support of PERFORMING AGENCY's position. Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following documents: (1)signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or(3) signed acknowledgment of delivery. RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the dispute is not resolved, RECEIVING AGENCY's representative will notify PERFORMING AGENCY in writing. RECEIVING AGENCY will appoint a reviewer(s),who will review the information, who may permit or require additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable means. The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of further proceedings. A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article unless the statute,rule, regulation or guideline can be read together with the provision or provisions of this Article to give effect to both. ARTICLE 31. Breach of Contract Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. ARTICLE 32. Termination Each Attachment shall terminate upon the expiration date of the Attachment unless extended by written amendment in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract may be terminated with or without cause as set out below. A. Termination without cause. (1) Either party may terminate this contract with at least 90 days prior written notice to the other party. (2) The parties may terminate this contract by mutual agreement. (3) Either party may terminate this contract with at least 30 days prior written notice to the other party in the event state and/or federal funding for this contract is terminated, limited, suspended, or withdrawn. (4) RECEIVING AGENCY may terminate this contract when, in the sole determination of RECEIVING AGENCY,termination is in the best interest of the State of Texas. (LGS) 2000 GENERAL PROVISIONS Page 21 4/99 �F F ICC:�° U�EVUDD . y y B. Termination for cause. (1) Either party may terminate for material breach of contract with at least 30 days written notice to the other party. (2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or for risky conduct by giving at least 30 days written notice to PERFORMING AGENCY. "Risky conduct" may include one or more of the following: (a) A court of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to allow its employees or those of its subrecipients to communicate with RECEIVING AGENCY as necessary to the performance of the contract; (c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; (d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the personnel or resources to perform under the contract; (e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable treatment; (f) PERFORMING AGENCY's management system does not meet the UGMS management standards; or (g) PERFORMING AGENCY appears to be financially unstable. Indicators of financial instability may include one or more of the following: (i) PERFORMING AGENCY fails to make payments; (ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors; (iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally as they become due; or (iv) If judgment for the payment of money in excess of$50,000(which is not covered by insurance) is rendered by any court or governmental body against PERFORMING AGENCY,and PERFORMING AGENCY does not(a)discharge the judgment or(b) provide for its discharge in accordance with its terms, or(c) procure a stay of execution within 30 days from the date of entry thereof, and within the 30-day period or a longer period during which execution of the judgment shall have been stayed, appeal therefrom and cause the execution (LGS) 2000 GENERAL PROVISIONS Page 22 , ;=7�,•ry ' "`�, 4/99 i. � w�r l�r•)n�p �'• I`Y,7+.=, _,`'r��-/`�^rll0 lir thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles. C. Emergency termination. RECEIVING AGENCY may terminate the contract immediately upon notice to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency"is defined in the Sanctions Article. Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of its intent to terminate all or a part of this contract,RECEIVING AGENCY and PERFORMING AGENCY will try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged from any further obligation created under the applicable terms of this contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not, however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract. ARTICLE 33. Void Contract RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained fraudulently or was otherwise illegal or invalid from its inception. ARTICLE 34. Severability 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. ARTICLE 35. Local Health Department Personnel All local health department personnel funded by Attachment(s)to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY will have in place legally sufficient due process hearing procedures for all of its employees filling state-budgeted positions. PERFORMING AGENCY will have full authority to employ, promote,suspend,demote,discharge, and transfer within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided, however,that any demotion,suspension,or discharge of such state-budgeted employees will be in accordance with the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations,and restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state-budgeted position may receive a salary supplement from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or per diem allowance to these employees must be on a reimbursement basis, supported by appropriate records,and may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this contract or from any other source. (LGS) 2000 GENERAL PROVISIONS Page 4/99 I® m,2 TEX. . y • PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY's Bureau of Human Resources. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. An independent audit is not required as a condition of this contract if the Attachment provides assistance through assignment of state-budgeted positions and no funds are budgeted for local costs. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state- budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY's Director, or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the request is granted. ARTICLE 36. Survival of Terms Termination or expiration of this contract for any reason shall not release either party from any liabilities or obligations set forth in this contract that(a)the parties have expressly agreed shall survive any such termination or expiration, or(b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. ARTICLE 37. No Waiver of Sovereign Immunity THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. ARTICLE 38. Certifications The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the performance of governmental functions and services from current revenues available to RECEIVING AGENCY. The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed under the contract. my '� nr� !':I�J ly �j D (LGS) 2000 GENERAL PROVISIONS Page 2 4/99 Addendum to FY2000 General Provisions for Texas Department Qf Health Grant Contracts Dispute Resolution PERFORMING AGENCY'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, of the Government Code. To initiate the process, PERFORMING AGENCY shall submit written notice, as required by subchapter B, to Susan K. Steeg, General Counsel, Texas Department of Health, 1100 W. 49th Street, Austin, TX 78756. Said notice shall specifically state that the provisions of Ch. 2260, subchapter B are being invoked. A copy of the notice shall also be given to all other representatives of RECEIVING AGENCY and PERFORMING AGENCY otherwise entitled to notice under this contract. Compliance by PERFORMING AGENCY with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. Treatment of Minors If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this contract, either directly or through contracts with subrecipients, the treatment to a minor shall be provided only if consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to treatment of a child by a non-parent or child. If requirements of federal law relating to consent directly conflict with Chapter 32 of the Family Code, federal law shall supersede state law. Child Abuse Reporting Requirements PERFORMING AGENCY shall make a good faith effort to comply with all child abuse reporting guidelines and requirements in Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect. PERFORMING AGENCY shall ensure that all contracts with a subrecipient require the subrecipient to make a good faith effort to comply with all child abuse reporting guidelines and requirements of Chapter 261 of the Family Code. R'CC�UR® 2000 GENERAL PROVISIONS Addendum Page 10/99 DOCUMENT NO. 7560005286-01 ATTACHMENT NO. 02 PERFORMING AGENCY: FORT WORTH DEPARTMENT OF PUBLIC HEALTH RECEIVING AGENCY PROGRAM: BUREAU OF REGIONAL/LOCAL HEALTH OPERATIONS TERM: July 01, 2000 THRU: August 31, 2001 SECTION I. SCOPE OF WORK: PERFORMING AGENCY and RECEIVING AGENCY are entering into this contract Attachment pursuant to Government Code, Section 403.1055, relating to the Permanent Fund for Children and Public Health, and the Health and Safety Code, Section 121.0065 relating to Grants for Essential Public Health Services. PERFORMING AGENCY shall implement a project to provide one or more of the essential public health services within their community. The following documents, which include a description of the project, are incorporated by reference and made a part of this contract Attachment. These include: • RECEIVING AGENCY'S FY O1 Request for Proposal (RFP) issued February 18, 2000. • PERFORMING AGENCY'S FY O1 Application , and any written revisions. • PERFORMING AGENCY rules relating to the Innovation Grants at Title 25 Texas Administrative Code, Chapter 83. PERFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY'S FY 01 RFP issued February 18, 2000, and PERFORMING AGENCY'S FY 01 application in response to the RFP. All revisions to said documents shall be in writing, agreed upon by the PERFORMING AGENCY and the RECEIVING AGENCY, and considered to be a part of this attachment. PERFORMING AGENCY shall identify performance measures for project objectives and target levels of performance for each measure that are related to some baseline indicators. Performance measures shall include outcome,output,efficiency and explanatory measures.Performance measures shall be subject to approval of RECEIVING AGENCY once it receives the written Performance Measures developed by the PERFORMING AGENCY. Applicable to Part III recipients: If a Health Authority is not appointed by the PERFORMING AGENCY at the time of execution of this contract, a health authority must be appointed before PERFORMING AGENCY can request reimbursement of funds. No funds shall be reimbursed to the PERFORMING AGENCY unless the PERFORMING AGENCY has appointed a health authority under the Health and Safety Code, Chapter 121. During the entire term of this contract, the PERFORMING AGENCY shall continue to have an appointed health authority. A regional director of the RECEIVING AGENCY cannot be appointed as the local health authority for the PERFORMING AGENCY, but may perform the duties of the appointed health authority only when the appointed health authority fails to perform duties prescribed by the Texas Board of Health, is absent, or is incapacitated. ATTACHMENT - Page 1 n/ h ti r.#0 a Under TDH Innovation Grant Rule, section 83.13 on Continuation Funding, PERFORMING AGENCY will be eligible to apply for funding for this project during the next Request For Proposal period. Approval for continuation funding will be based on project merit and how well the project meets RECEIVING AGENCY needs, as well as whether or not the performance measures and deliverables have been met during the current cycle, and an evaluation of the benefit of the project. PERFORMING AGENCY shall provide services in the following county(ies)/area: Tarrant. SECTION II. SPECIAL PROVISIONS: General Provisions, Funding , paragraph one is revised to add the following: Without waiving the provisions of the Termination Article, PERFORMING AGENCY and RECEIVING AGENCY may agree in writing to extend the time for reimbursements to the PERFORMING AGENCY if the funds actually received by the RECEIVING AGENCY for the Innovation Grants Program are less than anticipated or are not available from the Comptroller of Public Accounts of the State of Texas in a timely manner. General Provisions, Assurances, is revised to delete the following from the last paragraph: "or in any equipment purchased with the funds from this contract," General Provisions, Standards for Financial and Programmatic Management, paragraph two is deleted. General Provisions, Equipment and Supplies, is revised as follows: Paragraph one is replaced with: In accordance with the Health and Safety Code, Section 12.053,title to all equipment and supplies purchased from funds from this contract will be in the name of PERFORMING AGENCY and shall not revert to the RECEIVING AGENCY upon termination or expiration of this contract. Paragraphs five and six are deleted. General Provisions, Reports, is revised as follows: Paragraph three is replaced with: PERFORMING AGENCY shall submit quarterly reports and an annual report to RECEIVING AGENCY program no later than 30 days after the end of each quarter and thirty (30) days following the end of PERFORMING AGENCY'S fiscal year in a format approved by RECEIVING AGENCY. PERFORMING AGENCY shall submit a copy of the Financial Status Report, State of Texas Supplemental Form 269a(TDH Form GC-4a) to the Bureau of Regional/Local Health Operations and any other reports RECEIVING AGENCY determines necessary to accomplish the objectives of this contract. ATTACHMENT - Page 270 t:L SECTION III. BUDGET: PERSONNEL $89,465.00 FRINGE BENEFITS 25,945.00 TRAVEL 5,850.00 EQUIPMENT * 6,644.00 SUPPLIES 40,945.00 CONTRACTUAL 0.00 OTHER 0.00 TOTAL $168,849.00 Total reimbursements will not exceed $ 168,849.00. Financial status reports are due the 30th of October, 30th of January, 30th of April, 30th of July, and the 30th of November. * Equipment list attached. 11TIN'n Q ATTACHMENT - Page 3 ;ISPY v PERFORMING AGENCY: FORT WORTH DEPARTMENT OF PUBLIQ HEALTH RECEIVING AGENCY PROGRAM: BUREAU OF REGIONAL/LOCAL HEALTH OPERATIONS TDH DOC. NO: 7560005286 01 ATTACHMENT NO:02 CHANGE NO: 01 EQUIPMENT LIST NO. OF UNIT ITEM DESCRIPTION UNITS COST EXTENSION 001 Pentium III 687MHz Processor 256MB 1 $3,449.00 $3,449.00 PC800 ECC RDRAM; 9GB Ultra 180/M SCSI 10,000 RPM hard drive; 3.5" 1.44MB floppy drive; 20/46X IDE CD-ROM; 10/20GB SCSI TR-5 tape drive; 32MB video card; 21"(19.85" viewable, .24dp) Ultrascan monitor; Microsoft Windows NT 4.0; keyboard, mouse 002 Hewlett Packard 2500C Professional Series 1 $1,500.00 $1,500.00 color printer, 600dpi, 7.5ppm, 1.5ppm color; 4 print cartridges-one each black, cyan, magneta, yellow; IEEE 1284 compliant bi-directional parallel; HP Jetdirect print server; 400 page input, envolope, plain paper, transparencies, labels, card stock media types; letter, legal index cards; HP PCL 3 enhanced and Adobe PostScript 3 emulation; 4MB memory; ower cord, print heads 003 GIS Mapping Software ARC View Software 1 $1,695.00 $1,695.00 2.0 version, software upgrades/patches and telephone support TOTAL $6,644.00 Items may be brand name, if specified, or equivalent. :2ifu � Ina Equipment List - Page 1 - i City of Fort Worth, Texas tMAljar And coun"R Communication DATE REFERENCE NUMBER LOG NAMEPAGE 4/4/00 **G-12875 50GRANTS 1 of 3 SUBJECT TEXAS DEPARTMENT OF HEALTH INNOVATIONS GRANTS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for, and if offered, accept grants from the Texas Department of Health (TDH) for innovative projects targeting children and public health; and 2. Adopt the attached appropriation ordinance in the amount of $927,193; and 3. Waive the current indirect cost rate of 46.62% due to the highly competitive nature of the grants. DISCUSSION: The TDH is making available approximately $8.4 million in grants for up to 30 innovative projects targeting children and public health. Grant requirements were identified in a formal request for proposals sent on February 18, 2000. The deadline to submit proposals is April 18, 2000. Contracts are expected to begin around July 1, 2000. Funding will be awarded in three areas as follows: 1. For developing and demonstrating cost effective prevention and intervention strategies for improving public health outcomes; and 2. To local communities addressing disparities in health of minority populations; and 3. To local communities for essential public health services. The State is Tooking for innovative projects that can be replicated throughout Texas and demonstrate quantifiable health improvements. The Public Health Department is seeking approval to move forward in applying for these grant funds. • School-Based Violence Prevention Program This grant will be used for an innovative school-based violence prevention program. The K.I.D.S.S. (Kids Interested in Developing Safe Solutions) Program has three components: child, parent and referral. The child component couples violence prevention with gun injury prevention and cultural sensitivity training. The parenting component will address anger control, parent self-esteem, child self-esteem, making rules and conflict resolution. The referral component is for children and families identified as having violence occurring in the home. This proposal will seek $277,193 in funding. City of Fort Worth, Texas "Ayer And Coun"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/4/00 **G-12875 1 50GRANTS 2 of 3 SUBJECT TEXAS DEPARTMENT OF HEALTH INNOVATIONS GRANTS • Pre/Post-Natal Home Visitation Program The Department's Outreach section will develop a proposal which will provide a case management relationship with at-risk mothers. This relationship would be initiated when a parent is determined to be at-risk for inadequate pre and post-natal care, parenting skills, access to medical services or other issues which may effect the physical or emotional health of the child. This proposal would seek approximately $280,000 in funding. • Smoke Free Restaurant Program With children smoking at increasingly younger ages, it is important to provide consistently smoke- free environments, especially at restaurants. The Consumer Health Division proposes developing a program which will provide the smoking status of area restaurants by creating a Web-site and establishing a computerized, public-access workstation at the Health Department. This will allow all citizens and parents of Fort Worth to determine, in advance, whether the restaurant they are choosing prohibits smoking or has a designated smoking area. The proposal would seek $20,000 to fund this project. • School-Based Health Assessment The Assessment and Epidemiology section will pursue a proposal which would seek to survey the health issues of Fort Worth students. The proposed survey instrument would be designed by a community partnership to address student health information not currently available through other vehicles. Resulting indicators -are deemed essential in the efficient allocation of resources and subsequent effective intervention in student health issues. The proposal would seek approximately $180,000. Submission of this proposal is contingent on final approval by the FortWorth Independent School District. • Animal Bite Reduction Program The Animal Control section will pursue a proposal directed at decreasing the numbee of animal bites. This proposal will seek to fund a position to implement a Geographic Information System surveillance system specific to Animal Control to guide a preventive social marketing intervention to reduce animal bites. The proposal would seek approximately$170,000. City of Fort Worth, Texas "noor and coun"RCommunication DATE REFERENCE NUMBER LOG NAME PAGE 4/4/00 **G-12875 50GRANTS 1 3 of 3 SUBJECT TEXAS DEPARTMENT OF HEALTH INNOVATIONS GRANTS FISCAL INFORMATION/CERTIFICATION:T The Finance Director certifies that upon acceptance and execution of these grant contracts and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. LW:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 451923 050301631000 $277,193.00 Libby Watson 6183 GR76 5 (Various) 050301631010 $277,193.00 Originating Department Head: GR76 451923 050301632000 $280,000.00 GR76 5(Various) 050301632010 $280,000.00 APPROVED GR76 451923 050301633000 $ 20,000.00 CITY COUNCIL GR76 5 (Various) 050301633010 $ 20,000.00 GR76 451923 050301634000 $180,000.00 GR76 5 (Various) 050301634010 $180,000.00 APR 4 2000 GR76 451923 050301636000T $170,000.00 Y,) GR76 5(Various) 050301636010 1 $170,000.00 city Secretary etary of the Letha Aycock 7201 (from) City of Fort Rlorth,'Peza.+ Additional Information Contact: Witold Migala 6209 arinntorl Orrlin2nra Nn