Loading...
Res 092-83 5/3/1983RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING FUNDS FOR THE SALARY OF ONE NURSE II. Be it resolved by the City Council 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 Nurse II is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this 3rd day of May, 1983. M 0 R Attest: k) 1-4a City Clerk STATE ti;' TEXAS C O N T RAC T COUNTY OF TRAVIS hTheTexasDepartmentofHealpt hereinafter referred to as RECEIVING AGENCY acting through its Deputy Commissioner for Management and Administration and Wichita Falls-Wichita County Health Department Name of PERFORMING AGENCY) a(n)Local Government Type of Organization) designate individual, corporation, partnership, non-profit organization, city, county, council of governments, special purpose district, etc.), hereinafter referred to as PERFORMING AGENCY, acting through Dane J. Bennett its Name of Person Authorized to Sign Contracts) Title of Person Acting City Manager mutually agree as follows: Authorized to Sign Contracts) ARTICLE 1 . Scope of Work The PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work which is/are hereby incorporated and made a part of this contract as Attachment(s) 1 , 2 plus additional Attachments which may be added from time to time during the contract period as hereinafter provided. ARTICLE 2. Terms The term of this contract shall be from February 1 , 1983 through September 30, 1983 No commitment of contract funds is permitted prior to the first day of the contract term nor subsequent to the last day of the. contract term. ARTICLE 3. Applicable Laws and Standards The RECEIVING AGENCY will comply with the requirements set forth in the enabling Federal legislation, Section 314(d), Public Health Service Act, Title V, Social Security Act, and the Omnibus Reconciliation Act of 1981, and with the Department of Health and Human Services final regulations on block grants, and all other Federal regulations applicable to Federal funding. This contract shall be governed by the laws of the State of Texas. The PERFORMING AGENCY agrees that the Uniform Grant and Contract Management Standards (UGCMS), 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 provisions 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(s) of Work, the PERFORMING AGENCY shall be reimbursed by the RECEIVING AGENCY in an amount not to exceed the total of all Budgets which are attached hereto. Allowable reimbursable costs shall be only as outlined in the Budgets, which are hereby made a part of this contract as Attachments. 1 r • . 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. 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 Article 25 hereof. 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) be used by the PERFORMING AGENCY for any purposes which further the objectives of legislation under which the contract was made and be deducted from total project costs, or (2) be deducted from total project costs, according to the departmental policy interpreting UGCMS, a copy of which is provided as supplementary material to the UGCMS manual. ARTICLE 7. 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. Reports and Inspections The PERFORMING AGENCY shall make financial, program, progress, and other reports as requested by the RECEIVING AGENCY in the format agreed to by the parties hereto and will arrange for onsite inspections by the RECEIVING AGENCY. The PERFORMING AGENCY shall participate fully in any required evaluation study of this program. ARTICLE 9. Audit of Records The PERFORMING AGENCY agrees that the RECEIVING AGENCY, DHHS, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any pertinent books, documents, papers, and records of the PERFORMING AGENCY for the purpose of making audit, examination excerpts, and transcripts of transactions related to the contract. The RECEIVING AGENCY shall have the right to audit billings both before and after payment. Payment under this contract shall not foreclose the right of the RECEIVING AGENCY to recover excessive or illegal payments. 2 w: Financial records, supporting documents , statistical records, and all otherpertinentrecordsshallberetainedforaperiodofthree (3) years after thedataexpendituresarereportedunderthiscontract. If audit by or on behalf of the Federal government has begun but is notcompletedattheendofthethree-year period, or if audit findings have notbeenresolvedattheendofthethree-year period, the records shall be retained until resolution of the audit findings. ARTICLE 10. Amendments The RECEIVING AGENCY will submit a revised budget to the 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 a 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 forthbelow: Hermas L. Miller FOR RECEIVING AGENCY : Deputy Commissioner for Management and Administration and/or) : FOR PERFORMING AGENCY: and/or) : This contract may be amended by the addition of Attachments containingadditionalScopeofWorkandBudgetsrelatedtosame, such Attachments to bedulyexecutedbythepartiesashereinaboveprovided. ARTICLE 11 . Property and Supplies Title to all property furnished by the RECEIVING AGENCY shall remain with theRECEIVINGAGENCY. Title to the RECEIVING AGENCY 'S property shall not be affected or loseitsidentitybyreasonofaffixationtoanyrealtyorattachmentatlaw. The PERFORMING AGENCY shall maintain a property and supplies inventory andadministeraprogramofmaintenance, repair, and protection of the RECEIVINGAGENCY' S assets so as to assure its full availability and usefulness for performance under this contract. In the event the PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss or destruction of, or damage to, the RECEIVING AGENCY'Sassetsduringtheperiodofthiscontract, it shall use the proceeds to repair or replace the RECEIVING AGENCY'S assets. Upon termination of the relationship of the parties, the PERFORMING AGENCY shall return all property and unused supplies to the 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 intheperformanceofthiscontract. The AGENCIES will comply with the regulations promulgated by the Secretary of DHHS, with the approval of the President of theUnitedStates, pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part80). 3 In addition, the PERFORMING AGENCY 'shall comply with the provisions of the Rehabilitation Act of 1973, Public Law 93-112, Section 504, which ensures 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, the PERFORMING AGENCY shall not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, national origin, or handicap. The 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 the PERFORMING AGENCY shall state that all qualified applicants will receive consideration without regard to race, color, age, religion, sex, or national origin. The 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 AGENCIES 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 pendingbeforeCongress. ATICLE 15. Clean Air and Water Acts The PERFORMING AGENCY agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act of 1970 4Z USC 1857 et seq.) and the Federal Water Pollution Control Act 33 ,USC 1251 et seq. ) as amended. ARTICLE 16. Energy Efficiency The PERFORMING AGENCY agrees to recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-165). ARTICLE 17. Release The PERFORMING AGENCY, upon final payment of the amount due under this contract, releases the RECEIVING AGENCY, its officers and employees, and the Department of Health and Human Services from all liabilities, claims, and obligations whatsoever arising from or under this contract. The PERFORMING AGENCY agrees not to purport to bind the RECEIVING AGENCY to any obligations not assumed herein by the RECEIVING AGENCY, unless the PERFORMING AGENCY has expressed written authority to do so, and then only within the strict limits of that authority. ARTICLE 18. Publication and Publicity The PERFORMING AGENCY may publish results of its functions and participation in the approved program with prior review by the RECEIVING AGENCY and approval in writing by the RECEIVING AGENCY provided that such publications acknowledge that the program is supported by funds granted by DHHS and the furnishing of five (5) copies of each such publication to DHHS, plus such copies to the RECEIVING AGENCY as the RECEIVING AGENCY may reasonably require. 4 ARTICLE 19. Patents and Inventions Any discovery or invention arising out of or developed in the course of work aided by this contract shall be promptly and fully reported to the RECEIVING AGENCY and to the Secretary of DHHS for determination of whether patent protection on such invention or discovery shall be sought and how the right in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. ARTICLE 20. Copyrights If this contract results in a book or other copyrightable material, the Author is free to copyright the work, but DHHS reserves a royalty-free nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted resulting from this contract. ARTICLE 21. Conflict of Interest The PERFORMING AGENCY warrants that it presently has no interest as set out in 45 CFR Part 162, Code of Conduct, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. ARTICLE 22. Severability If any provisions of this contract shall be construed to be illegal or invalid, it shall not affect the legality or validity of any of the other provisions hereof, and the illegal or invalid provision shall be deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other provisions shall continue. ARTICLE 23. Scope of Agreement The terms of the Letter of Agreement between the Texas Department of Health and this Local Health Department shall apply to the funds under this contract. This contract incorporates all of the agreements, covenants, and understandings between the AGENCIES hereto concerning the attached budgets, and all such covenants, agreements, and understandings have been merged into this written contract. No prior agreement or understanding, oral or otherwise, of the AGENCIES or their agents shall be valid or enforceable unless embodied in this contract. ARTICLE 24. Cumulative Clause This contract replaces and supercedes all other existing contracts, if any, between the parties hereto as to the Scope(s) of Work included herein for the period covered by this agreement, and the total amount of this contract includes funds already expended during the contract period pursuant to the contracts which are hereby superceded. ARTICLE 25. Financial Reporting Requirements The following prescribes uniform reporting procedures for the 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. 5 Cost Reimbursement Method: Monthly, or as needed The PERFORMING AGENCY shall submit a State of Texas Purchase Voucher TDH Form #AG-37, exhibit attached) and a Request for Advance or Reimbursement Form 270 (TDH Form #GC-10). Quarterly The PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) by the twentieth (20th) of the month followng a quarter. If no previous request for funds has been received, a Request for Advance or Reimbursement Form 270 and a State of Texas Purchase Voucher shall be submitted. Annual/Final The PERFORMING AGENCY shall submit a Request for Advance or Reimbursement Form 270; a Financial Status Report Form 269 and 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: The 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 The 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 maybesubmittedonamonthlybasis, or sufficient number of vouchers to cover the contract period may be submitted when contract signatures are obtained. Quarterly The PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) and a Request for Advance or Reimbursement Form 270 (TDH Form #GC-10) by the twentieth (20th) of the month following a quarter. Annual/Final The PERFORMING AGENCY shall submit a Request for Advance or Reimbursement Form 270; a Financial Status Report Form 269 and 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. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED. 6 PERFORMING AGENCY RECEIVING AGENCY TEXAS DEPARTMENT OF HEALTH By By Dane J. Bennett Hermas L. Miller Deputy Commissioner Title Acting City Manager Management and Administration City of Wichita Falls Date Date 1 TEXAS DEPARTMENT OF HEALTH Recommended: By \ \ C.. L t 4 m. C. C. Eaves, M.D. Associate Commissioner Community and Rural Health Recommended: 04' . Clift Price, M.D. Associate Commissioner Personal Health Services Approved as to Form: By M .G" —_ Office of General Counsel t 7 L ATTACHMENT .1 WICHITA FALLS-WICHITA COUNTY HEALTH DEPARTMENT ARTICLE 1 . Scope of Work To provide clinical services to meet the needs of low income women and children .with particular reference to prenatal care for pregnant women, family planning services, and preventive child health services. These services shall be provided in accordance with the standards for maternity, family planning, and child health services as promulgated by the Bureau of Maternal and Child Health, Texas Department of Health. Reports of service will be submitted in accordance with the requirements of the Uniform Grant and Contract Management Standards and the Bureau of Maternal and Child Health. MCH 83FY Budget For a seven (7) month period Nurse II 10,948.00 S. 1 J • ATTACHMENT 2 WICHITA FALLS-WICHITA COUNTY HEALTH DEPARTMENT ARTICLE 1. Scope of Work Add one Sanitarian II to the staff. This position was lost due to 314-d cuts and was never replaced on local funds. This position will allow inspections of solid waste, nuisance complaints, food, and other inspections to be resumed at the pre-cut level and will increase the efficiency of the environmental health section. FY83 Budget (PREY HEA Block Grant Funds) For eight (8) month period Sanitarian II 12,512.00