Res 001-83 1/4/1983RESOLUTION NO. 4 43
RESOLUTION A??ROVING AND AUTHORIZING CITY MANAGER TO EXECUTE
A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR
PROVIDING FUNDS FOR THE SALARY OF ONE SANITARIAN II.
Be it resolved by :he Board of Aldermen of the City of Wichita Falls,
Texas that :
Certain contract , a copy of which is attached hereto, between the
City of Wichita Falls and the Texas Department of Health, whereby such
Department shall provide funds for the salary (which shall not include
fringe benefits) of one Sanitarian II is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this 4th day of January, 1983.
M s ' O R
Attest:
City Clerk
STATE OF TEXAS C O T R A C T
COUNTY OF TRAVIS Standard fur Several Items
This One Would Be For One SaI;iry
The Texas Department of Health, hereinafter referred to as
RECEIVING AGENCY acting through its Deputy Commissioner for Management
and Administration and city 'd Wichita ii
ame of P RFORKING AGENCY)
a(n) City
y --(
Type of Organization)
designate individual, corporation, partnership , non-profit organization,
city, county, council of government , special purpose district, etc. ) ,
hereinafter referred to as PERFORMING AGENCY, acting through
Dane Bennett its City Manager
Name of Person Authorized to Sign Contracts) Title of Person
mutually agree as follows :
Authorized to Sign Contracts)
ARTICLE 1. Scope of Work Add Sanitarian II to staff of Wichita Falls City-Wichita
County Health Department. Position is needed due to a 314d loss of Sanitarian I. Duties
will include handling of complaints and conducting inspections and will enhance performanc,
of Environmental Health Section by expanding services in the following programs:
1) School Inspection Program; 2) Day Care Facilities Inspection Program; 3) Hotel/Motel
Inspection Program; 4) Solid Waste Program.
ARTICLE 2. Terms
The term of this contract shall be from February 1 . 1983 through
September 30,_No commitment of contract funds is per-
mitted prior to the first day of the contract term nor subsequent to the
last day of the contract term.
Next year would be October 1 , 1983 -- September 30. 1904
ARTICLE 3. Applicable Laws and Standards
The RECEIVING AGENCY will comply with the requirements set forth in
Sections 1905 (d) , Public Health Services Act , and Section 1742 (a)
and (b) , Chapter 2 , Title XVII of the Omnibus Reconciliation Act of
1981, and with Department of Health and Human Services 45 CFR Parts 16,
74, and 96, Block Grant Programs .
This Contract shall be governed by the laws of the State of Texas .
The PERFORMING AGENCY agrees that the Uniform Grant and Contract Manage-
ment Standards , Article 4413 , Section 32g, V.A.C . S . , issued by the
Governor' s budget and Planning office will apply as terms and conditions
of this contract, and the standards are adopted by reference in their
entirety. If there is a conflict between the provisions of this Contract
and the Uniform Grant and Contract Management Standards , the provision of
the uniform Grant and Contract Management Standards will prevail unless
expressly stated otherwise . A copy of this Manual and its references are
provided to you by the Texas Department of Health.
ARTICLE 4. Compensation and Payment
For services satisfactorily performed pursuant to the Scope of Work,
the PERFORMING AGENCY shall be reimbursed by the RECEIVING AGENCY a
total amount not to exceed $ 18.768 approx. Allowable reimbursable costs
shall be only as outlined in the Budget , which is hereby made a part
of this Agreement as Attachment 1.
The PERFORMING AGENCY will not bill the RECEIVING AGENCY for any costs
under this Contract which have also been billed or should have been
billed to any other funding source.
L
Costs claimed for reimbursement must be substantiated. If equipment
is to be purchased, purchasing will be made through the State purchasing
procedures .
The PERFORMING AGENCY shall submit certified vouchers for reimbursement
according to the procedures set out in Attachment At the close of
each quarter, a signed expenditure report , the format of which is in the
UGCMS, must be submitted. The voucher and expenditure report shall reflect
the total allowable costs incurred and revenue received during the
preceding period. All revenues received from the delivery of contract
services shall also be identified.
ARTICLE 5. Funding
This Contract is contingent upon Federal funding being available for
the term in question and PERFORMING AGENCY shall have no right of action
against the RECEIVING AGENCY in the event that the RECEIVING AGENCY is
unable to perform its obligations under this Contract as a result of
the suspension, termination, withdrawal or failure of funding to the
RECEIVING AGENCY or lack of sufficient funding of the RECEIVING AGENCY
for this Contract. If such funds become unavailable , or if the total
amount of funds allocated for this Contract should become depleted
during any Contract Budget Period, and the RECEIVING AGENCY is unable
to obtain additional funds for such purposes, then this Contract will
be terminated.
The PERFORMING AGENCY will use such funds that become available and
that are allocated to them for the purpose of supplementing the
PERFORMING AGENCY' S budget. These funds will in no event supplant
such State, local, and other non-Federal funds . The PERFORMING
AGENCY will increase the public health activities in its jurisdiction.
ARTICLE 6. Grant-Related Income
All grant-related income shall be retained by the PERFORMING AGENCY
and: 1)beused by the PERFORMING AGENCY for any purposes which further
the objectives of legislation under which the Contract was made, and/or
2) be deducted from total project costs , according to the departmental
policy interpreting UGCMS , a copy of which is included in the UGCMS
Manual.
ARTICLE I . Records
The PERFORMING AGENCY will have a system in effect to protect from
inappropriate disclosure patient records maintained by them in connection
with the activities funded under this Contract.
ARTICLE 8. Rports and Inspections
PERFORMING AGENCY shall make financial, program, progress , and other
reports as requested by RECEIVING AGENCY in the format agreed to by
the parties hereto, and will arrange for on-site inspections by
RECEIVING AGENCY. PERFORMING AGENCY shall participate fully in any
required evaluation study of this program.
ARTICLE 9. Audit of Records
PERFORMING AGENCY agrees that RECEIVING AGENCY, DHHS , the Comptroller
General of the United States , or any of their duly authorized representa-
tives , shall have access to any pertinent books , documents , papers, and
records of PERFORMING AGENCY for the purpose of making audit, examination
excerpts , and transcripts of transactions related to the Contract.
RECEIVING AGENCY shall have the right to audit billings both before
and after payment; payment under this Contract shall not foreclose the
right of RECEIVING AGENCY to recover excessive or illegal payments .
Financial records , supporting documents , statistical records , and all
other pertinent records shall be retained for a period of three (3)
years after the date expenditures are reported under the Contract.
If audit by or on behalf of the Federal government has begun but is
not completed at the end of the three-year period, or if audit findings
have not been resolved at the end of the three-year period, the records
shall be retained until resolution of the audit findings .
ARTICLE 10. Amendment
RECEIVING AGENCY will submit a revised budget to PERFORMING AGENCY,
either increasing or decreasing the amount of funds allocated at such
times that additional funds become available or at such times that funds
must be withdrawn . The original budget and revisions thereto become ra
part of this Contract and are subject to all of the terms and conditions
of this Contract .
This Contract shall not be altered, changed , or amended except by
instrument in writing executed by authorized officials of the parties
hereto as set forth below:
FOR RECEIVING AGENCY:
and/or)
FOR PERFORMING AGENCY:
and/or)
ARTICLE 11. Property and Supplies
Title to all property furnished by RECEIVING AGENCY shall remain with
RECEIVING AGENCY.
Title to RECEIVING AGENCY property shall not be affected or lose its
identity by reason of affixation to any realty or attachment at law.
PERFORMING AGENCY shall maintain a property and supplies inventory and
administer a program of maintenance , repair , and protection of RECEIVING
AGENCY assets so as to assure its full availability and usefulness for
performance under this Contract .
In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of destruction of, or damage to, RECEIVING AGENCY
assets during the period of this Contract , it shall use the proceeds to
repair or replace the RECEIVING AGENCY assets .
Upon termination of the relationship of the parties , the PERFORMING AGENCY
shall return all property and unused supplies to RECEIVING AGENCY in good
order.
ARTICLE 12. Discrimination Prohibited
No person in the United States shall on the grounds of race, creed,
color, handicap, age, ability to pay, sex or national origin, be
excluded from participation in, be denied the proceeds of, or be
subject to discrimination in the performance of this Contract. The
PARTIES will comply with the regulations promulgated by the Secretary
of DHHS , with the approval of the President of the United States ,
pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part 80) .
In addition, PERFORMING AGENCY shall comply with the provisions of
the Rehabilitation Act of 1973 , Public Law 93-112, Section 504,
which insures that no individual "shall, solely by reason of handicap,
be excluded from the participation in, be denied the benefits of, or
be subject to discrimination in this program. "
ARTICLE 13. Equal Employment Opportunity
During the performance of this Contract, PERFORMING AGENCY shall not
discriminate against any employee or applicant for employment because
of race, color, age , religion, sex, national origin or handicap.
PERFORMING AGENCY agrees to post in conspicuous places , available to
employees and applicants for employment, notices setting forth the
provisions of this clause. All solicitations or advertisements for
employees placed by or on behalf of PERFORMING AGENCY shall state
that all qualified applicants will receive consideration without
regard to race, color, age , religion, sex or national origin.
PERFORMING AGENCY shall comply with all provisions of Executive Order
11246, dated September 24, 1965, and all relevant rules , regulations ,
and orders of the Secretary of Labor.
ARTICLE 14. Political Activity
None of the funds , materials , property or services contributed by
the PARTIES under this Contract shall be used in the performance
of this Contract for any partisan political activity, or to further
the election or defeat of any candidate for public office. In
addition, none of the funds reimbursed under this Contract shall
be used to pay the salary or the expenses of anyone engaged in any
activity designed to influence legislation or appropriation pending
before Congress .
ARTICLE 15 . Clean Air and Water Acts
PERFORMING AGENCY agrees to comply with all applicable standards ,
orders , and regulations issued pursuant to the Clean Air Act of 1970
42 USC 1857 et seq. ) and the Federal Water Pollution Control Act
33 USC 1251 et seq. ) as amended.
ARTICLE 16. Energy Efficiency
PERFORMING AGENCY agrees to recognize mandatory standards and policies
relating to energy efficiency which are contained in the State energyconservationplanissuedincompliancewiththeEnergyPolicyand
Conservation Act (Public Law 94-165) .
EXECUTED THIS THE DAY OF 19
PERFORMING AGENCY : RECEIVING AGENCY:
TEXAS DEPARTMENT OF HEALTH
By
Name of PERFORMING AGENCY Hermas L. Miller
Deputy Commissioner for
Management and Administration
By _ Approved:
By
Title C. C. Eaves , M.D.
Associate Commissioner for
Community & Rural Health
Approved as to form:
By
Office of General Counsel
Texas Department of Health
L
irr
FINANCIAL REPORTING REQUIREMENTS
The following prescribes uniform reporting procedures for PERFORMING
AGENCY to:
1. Summarize expenditures and unexpended funds for
each Contract ;
2. report the status of approved cash advance;
3. request advances and reimbursements ; and
4. promulgate standard forms incident thereto.
Cost Reimbursement Method:
Monthly, or as needed
PERFORMING AGENCY shall submit a State of Texas Purchase Voucher
TDH Form #AG-37 , exhibit attached) and a Request for Advance or
Reimbursement (TDH Form #GC-10) .
Quarterly
PERFORMING AGENCY shall submit a Financial Status Report State
Supplemental Form 269a (TDH Form #GC-4) by the 20th of the
month following a quarter. If no previous request for funds
has been received, a Request for Advance or Reimbursement and
a State of Texas Purchase Voucher shall be submitted.
Annual/Final
PERFORMING AGENCY shall submit a Request for Advance or
Reimbursement; a Financial Status Report State Supplemental
Form 269a; and, if necessary, a State of Texas Purchase Voucher
if all costs have not been reimbursed, or a refund of excess
monies if costs incurred were less than funds received.
Advance Method:
1
PERFORMING AGENCY may request an advance at the beginning of the Contract
period. Amount of the advance will be determined by the amount and
length of the period. Amount of the advance will be liquidated in the
final months of the Contract, so that after the Final Billing, the
PERFORMING AGENCY will not have excess advance funds on hand.
Monthly
PERFORMING AGENCY shall submit a State of Texas Purchase Voucher
TDH Form #AG-37 , exhibit attached) for each month of the Contract
in an amount as determined above. The State of Texas Purchase
Voucher may be submitted on a monthly basis or sufficient number
of vouchers to cover the Contract period may be submitted when
Contract signatures are obtained. -
Quarterly
PERFORMING AGENCY shall submit a Financial Status Report State
Supplemental Form 269a (TDH Form #GC-4) and a Request for Advance
or Reimbursement (TDH Form #GC-10) by the 20th of the month
following a quarter.
Annual/Final
PERFORMING AGENCY shall submit a Request for Advance or Reimburse-
ment ; a Financial Status Report State Supplemental Form 269a; and,
if necessary, a State of Texas Purchase Voucher if all costs have
not been reimbursed, or a refund of excess monies if costs incurred
were less than funds received.
i