HomeMy WebLinkAboutRES 84-364 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to enter
into a contract with the Texas Department of Health, in the form
attached hereto as Exhibit "A" , for local health services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of z-IC7-Z, 41'�F 1984.
Mayor -
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TDH Document No.,-M—W507
STATE OF TEXAS LOCAL HEALTH DEPARTMENT
COUNTY OF TRAVIS C O N T R A C T
The Texas Department of Health , hereinafter referred to as RECEIVING
AGENCY, acting through its Deputy Commissioner for Management and
Administration, and
on beha l E of
( Authori.zed Contracting Fntity ) �--��-_�.�
RE_AUMONT CITY_HEALTH DEPARTMENT _
(Name of PERFORMING -AGENCY) -
hereinafter referred to as PERFORMING AGENCY, acting through
_
(Name of Person Aut r.
hoi.zed—Co—Sign Contra,-Es ) its (Title of Person �.
_ , mutually agree as follows :
Authorized to Si gn Con t-r-a-cts )
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 ) I Z,3 & _4 _, plus amendments which may be added by
additional Abb achment (s )�£rom time to time during the contract period as
hereinafter provided.
ARTICLE 2. 'Perms
The term of_this contract shall be governed by the time period on the
AEb achment (s ) . No commitment of contract funds is permitted prior to the
Eirst day of the contract term nor subsequent to the last day of the
contract term. The term of the contract may be extended by amendment ( s ) .
ARTICLE 3 . _ Applicable _Laws and Standards
The jPERFORMING AGENCY will comply with the requirements set forth in the
enabling Federal legislation, as set out in the Attachment (s ) hereto,
TreasJljry Circular 1075 ( 31 CFR Part 205 ) and all other Federal laws and
regulations applicable to Federal funding source (s ) in this contract .
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 UGCMS, the provisions of UGCMS will prevail unless expressly stated
otherwise . A copy of this manual and its references are provided to
PERFORMING AGENCY by RECEIVING AGENCY upon request .
PERFORMING AGENCY will utilize RECEIVING AGENCY' S policies and procedures
Eye - hiring and promoting individuals into budgeted state positions funded
by this contract . Qualif=ications of any individuals filling these
positi.ons will be subject to approval of the RECEIVING AGENCY' S Bureau of
Personnel Management . The purpose of: the -approval is to insure that
individuals occupying these state funded posit=ions meet minimum educational
and experience requirements .
Exhibit "A"
PERFORMING AGENCY shall have in 'placP legally sufficient Due Process
Hearing Procedures for all of. its employees .
The Director of the PERFORMING AGENCY is to be in complete charge of all
Public health activities of the PERFORMING AGENCY- and shall direct, the
personnel . The Director shall have Eull authority to employ, promote ,
suspend, demote , discharge and transfer any and all personnel within the
PERFORMING AGENCY , PROVIDED, HOWEVER , that any demotion , suspension or
discharge shall be in accordance with the Due Process Hearing Procedures as
set out above . All personnel , whether state
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employees of the PERFORMING AGENCY which shall be,bresponsibleorforr their
direction and control and liable for any of their acts or omissions . The
,only distinction between state and locally paid employees is that state
paid employees receive state benefits , and are subiect. 't,o certain
obligations as state employees , as contained in state law. PERFORMING
AGENCY agrees to defend and indemnify the RECEIVING AGENCY for any and all
claims and/or lodgements taken against. arty employees , state or locally
paid, or against. said RECEIVING AdLNC;Y , arising out of any claims or cause
of action against any. such employee .
ARTICLE: 4 , Compensation and Payment
For services satisfactorily performed pursuant to the Scope (s ) of Work , the
PERFORMING AGENCY shall have furnished or be reimbursed by the RECE:,IVING
AGENCY in an amount not, to exceed the total of all Attachment (s ) which are
attached hereto. Allowable costs shall be only as outlined in the
Attachments (s ) .
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. With proper
iustification , and concurrence of the RECEIVING AGENCY, the PERFORMING
AGENCY may request advance payment under this contract in accordance with
the applicable provisions of this contract .
The PERFORMING AGENCY shall submit, certified vouchers for reimbursement
according to the procedures set out in this cont.ract . At (-.he close of each
quarter , a signed expenditure report , the format of which is in the UGCMS,
must be sttnmi teed. The voucher and expenditure report. shall reflect. the
total allowable costs incurred and revenue received during the preceding
period. A.I1 revenues received tram the delivery of contract services shall
also be identified .
ARTICLE 5 . Funding
The PERFORMING AGENCY shall use funds tr-om this contract to supplement
their, budget-. . These Rinds w-ill in no event supplant, such State , local , and
other non-Federal funds .
PERFORMING AGENCY agrees that should expenditures of local funds for public
health services be needed as matching for Federal tunds such expenditures
Of local funds are assigned to the RECEIVING AGENCY as allowable match for
the receipt of the Federal funds to further public health activities . In
the event such assigned funds are required by the PERFORMING AGENCY to
match other Federal funds , prior written approval must be obtained from the
RECEIVING AGENCY to withdraw the assigned funds' trom the RECEIVING AGENCY.
This contract is contingent upon funding being available for the term of.
the contract and PERFORMING AGENCY shall have no right of action against
the RECEIVING AGENCY in the event, that the RE::CEIVING 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 any Attachment (s )
to-- this contract . 1.t funds become unavailable ; provisions of the
Termination Article in this contract shall apply .
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ARTICLE .h.._. program Income
All program income shall be retained by the PERFORMING AGENCY and; ( l ) 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 RECEIVING AGENCY ' S policy interpreting If(-',CMS, a copy of which is
provided as supplement material to the UGCMS manual .
ARTICLE 7 . Records
The PERFORMING AGENCY will have a system in effect t.o protect from
inappropriate ' disclosure of Patient records maintained by them in
connection with the activities tunded under this contract .
ARTICLE ti . Reports and Inspections
The PERFORMING AGENCY shall make financial ,
reports as requested by the RECEIVING AGENCY inothemfor-matgagreed t,odbytthe
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.
PERFORMING AGENCY will furnish RECEIVING AGENCY an annual budget of the
PER1ORMING AGENCY . The budget shall be for the fiscal year of the
PERFORMING AGENCY and shall include the name ,
salary for each employee , both state and local . clarravel , Cringeabenefits ,
and all other expenditures budgeted shall also be included.
ARTICLE y . Amendments
The RECEIVING AGENCY Will submit a revised budget to the PERFORMING AGENCY
either increasing or decreasing the amount of funds allocated at such Crimes
that additional funds became 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 writ,inq executed by authorized officials of the parties
hereto.
This contract may be amended by the addition of Attachments (s ) cont•aininq
additional Scope ( s ) of Work and Budgetts ) related to same , such
Attachment s ) to be duly exectited by the parties as hereinabove provided.
ARTItJLLE 10 . Property and S112p 1 i es
Subject to the obligations and conditions set forth in this contract and
UGCMS, title to all property purchased from funds
provided
'
vest 'I shall
upon acquisition with the PERFORMING AGENCY . hevPERFORMING n AGENCY
shall maintain a property and supplies inventory and administer a
of maintenance , repair , and protection of assets of
ld
contract so as to assure their full availability program
provided tf'or
performance under this contract .
The RECEIVING AGENCY retains the option to recover all unused supplies and
useable equipment furnished under this contract upon the termination of
relationship of the parties hereto. This also includes acquisitions
through lease-purchase aqreements with funds provided under this contract
or with funds provided by program income attributable to the . programs
Pnovided for under this contract .
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In' the event the PERFORMING AGENCY Js indemnified, reimbursed, or otherwise
compensated for any loss of , destruction of , or damage to, the assets
provided under this contract during the period of this contract , it shall
use the proceeds to repair or replace said assets .
ARTICLE 11 . „ 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 comp,the regulations promulgated by the Secretary of UHHS, 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 , the PERFORMING AGENCY shall comply with the
Rehabilitation Act of 1973 , Public Law 93-112,y Provisions of the
,.that no individual "shall , soley by reason of handicap s 5be 'excludednsfroom
the participation in , be denied the benefits of , or be subject to
discrimination in this program. "
ARTICLE._12. Severabi I it_y
It any provision(s ) Of this contract shall be construed to be illegal or
invalid, it shall not a£`ect the legality or validity of any of the other
provisions hereof. , and the illegal or invalid provision(s )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 13 . Scope of.-Agreement
This contract incorporates all of the agreements , convenants , and
understandings between the parties hereto concerning the Attachment(s) and
all such covenants , agreements, and understandings have been merged into
this written contract . No prior agreement or understanding , oral or
otherwise , of the parties or their agents shall be valid or enforceable
unless embodied in this contract .
ARTICLE 14 . Termination
This contract may be terminated by the mutual consent of both parties or by
either of the parties hereto for noncompliance by the other party with
this contract . A party intending to terminate the contract for non-
compliance by the other party shall provide written notice to the other
party at least thirty ( 30 ) days prior to the intended date of termination.
Such notice shall include the reasons for the termination and shall provide
the ;other party an opportunity to rebut the reasons in writing. By such
terml�ation , neither party may nullify obligations already incurred for
performance or failure to perform prior to the date of termination . Such
termination shall not be an exclusive remedy but shall be in addition to
any other rights and remedies provided by law or under this contract .
If the total amount of funds allocated for this contract should become
depleted or unavailable during any contract budget period, and the
RECEIVING AGENCY is unable to obtain additional funds for such purposes ,
the RECEIVING AGENCY shall immediately provide written notification to the
PERFORMING AGENCY of such fact and such Attachments (s ) to this contract
is/are terminated upon receipt of that notification.
Furthermore , in the event that Federal or State laws or other requirements
should be amended or judicially interpreted so as to render continued
fulfillment of this contract , on the part of either party, unreasonable or
impossible , or if the parties should be unable to .agree upon amendment
which would therefore be needed to enable the substantial continuation of
the services contemplated herein, then , and in that event , the parties
Shall be discharged from any further obligations created under the terms of
this contract , except for the equitable settlement of the respective
accrued interests or obligations incurred up to the date of termination.
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AR'!'iCLE 15 . UuCMS Pass-'Through Contract Provisions
0GCMS contains requirements in OMB Circulars No. A-102 and A-87 that pass-
through with State and Federal monies including but not limited to:
1 • allowable costs in applicable Cost Principles , A-87;
2. Ei.nancial management. standards , A-102, Attachment. G;
'i • procurement , A-102 , Attachment 0; and
4 . audit requirements , A-101, Attachment. P.
In addition, A-102, Attachment 0, sets out provisions that must be in all
contracts . 'Chose provisions are hereby adopted when applicable , and
'include but Are not limited to: audit and record access and retention;
Equal Employment Opportunity; environmental and energy protection laws and
regulations .
ARTICLE 16 , Financial Report in RQ _
ng Reggi cements
The following prescribes uniform reporting procedures for the PERFORMING
AGENCY to:
J . - summarize expenditures and unexpended funds;
2. report the status of approved cash advances;
3 • request advances and reimbursements; and
4 . promulgate standard forms incident thereto.
Cost Reimbursement Method :
MANY,y, •or ns needed
The PERFORMING AGENCY shall submit a State of Texas Purchase Voucher
( TDH Form #AG-37 ) . -
Quarterly
The PERFORMING AGENCY shall submit a Financial Status Report State
Supplemental Form 269a ('CUH Form #GC-4 ) by the twentieth ( 20th) of the
month following a quarter . If no previous request for funds has been
received, a Request for Advance or Reimbursement Form 270 (TDH Form
#GC-101 and a State of Texas Purchase Voucher shall be submitted.
AnnuallFinal
The PERFORMING AGENCY shall submit a Request: for Advance or
Reimbursement Form 270; a Financial Status Report Form 269 and t
Supplemental Form 269x; and , if necessary, a State of Texas PurcShaate.
se
Voucher if all costs have not been reimbursed , or refund of excess
monies if costs incurred were less than funds received.
AdvaAe Method: ( See Article on Compensation ion and Payment )
The PERFORMING" AGENCY may request an advance. Amount of the advance will
he determined by the amount and term of the Attachment (s) . Amount of the
advance will be liquidated in the final months of the contract , so that
after the Final Billinq, the .PERFORMING AGENCY will not have excess advance
funds on hand. Advance funds may be drawn only to meet immediate cash
needs for disbursements ( UGCMS and Federal Circulars ) .
Monthly
The PERFORMING AGENCY shall submit. a State of Texas Purchase Voucher
('CGH Form #AG-37 ) tor, 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 .
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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 followinq 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.
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EXECUTED IN TRIPLICATE ORIGINALS ON THE DATES INDICATED.
CONTRACTING ENTITY
FOR AND IN BEHALF OF
PERFORMING AGENCY RECEIVING AGENCY
Ay By
Hermas L. Miller
Deputy Commissioner
Title
Management and Administration
Date-- Date
Recommended:
By_— C C
C.C. Eaves , M. D.
Associate Commissioner
Community and Rural Health
Recommended:
BY
WiftPrice ,
Associate Commissioner
Personal Health Services
Approved as to Form:
By _
(Office of General Counsel
t _
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ATTACHMENT NO. 1
PERFORMING AGENCY: ._BEAUMONT CITY HEALTH DEPARTMENT
PROGRAM WITHIN RECEIVING AGENCY (TDH ) : _COMMUNITY AND RURAL HEALTH
TERM : September_ 1 , 1984 through August_ 31 , 1985
SCOE?E OF WORK:
The state direct assistance and other funds to health departments are
intended to supplement in the delivery of comprehensive public health
"services to protect the health of all citizens in the department ' s
jurisdiction. Services include , but are not limited to Immunizations ,
Maternal and Child Health , Crippled Children, Adult Health , Tuberculosis
Control , Chronic Disease , Dental Health , Public Health Education, Venereal
Disease Control . Environmental Health Services will be provided which
includes , but are not limited to Food Inspections , Waste Water • Control ,
Vector Control , Premise Inspections , Swimming Pool Inspections , and other
services as related to the particular problems of the jurisdiction.
The - attached list, of positions and budgetary amounts exclusive of category
41 is an integral part of Attachment 1 . Reports of services performed
under this attachment shall be submitted to the Office of Community and
Rural Health. An annual audit report must also be submitted to TDH .
Submit evidence that a public hearing was held on expenditure of all Health
Block Grant funds .
I`EGAI., AUTHORITY_ Current Appropriations Bill
BUDGET:
ftt
Total amount o£ this Attachment shall not excebd $ 53�784 �00 _
Texas Dep rtrnOnt c„ FiealLh 13EAUMONT CITY HEALTH uEPARTMENT
OPERATING BUDGET FOR YEAR ENDING August 31 , 1985 OPERATING BUDGET
AS OFJune 30, 1984 BUDGET NO. BA000
CATE- FUND SALARIES ONLY
DORY DESCRIPTION OR TITLE ENDING ITEM i JOB PAY PAY EFFECTIVE MONTHLY
DESC, BUDGETED AMOU>
MONTH NO. 1 CLASS GP STEP DATE RATE
01 Nurse IV STATE AUG 017 438718 01 SEP 85 2,466.00 29,592.00
Nurse II STATE AUG 1038 ,4385113 1Od SEP 85 2,016.00 24,192.00
53,784.00 T1 I
41 GRANTS PRE_HL T SEP SEP 85 � 24,211 .00
S AUG ,000.00
77-1.211 .00
I -
F0D SUhih1' RY I - -- ----,T
—STATE AUG
PREHLT SEP 24,211 .00
i T 130,995.00
I
4.:.
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ATTACHMENT. NU. Z
PERFORMING AGENCY: BEAUMONT CITY HEALTH DEPARTMENT
PROGRAM WITHIN RECEIVING AGENCY (TDH ) : COMMUNITY AND RURAL HEALTH
TERM:,_October_1 , 1984 _ _through September 301985
SCOPE OF WORK:
Personnel to deal with the problem of toxic and hazardous wastes generated
by the large petrochemical industrial facilities there . In addition, the
Position lends support to the general environmental health programs .
LEGAL AUTHORITY:
Title XIX , Public Health Service Act , Omnibus Budget Reconciliation Act of
1981 ; DHHS final regulations on block grants .
BUDGET:
Personnel $19 , 524 . 00
Fringe Benefits 4 , 685 . 76
Total $24 , 209 . 76
Total amount of this Attachment shall not exceed $ 24 , 209 . 76
tt� .
t,,
TDH Document No.
ATTACHMENT 3
PERFORMING AGENCY: Beaumont City Health Department
PROGRAM WITHIN RECEIVING AGENCY (TDH) : Bureau of Maternal and Child Health
TERM: October 1 1984 through 9 September 30 1985
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.
Services performed under this Attachment shall be reported monthly
by submission of Maternity/Family Planning and Child Health Clinic
Reports.
Financial billing and reporting shall be performed in compliance
with Article 16, "Financial Reporting Requirements," of the
Local Health Department Contract
LEGAL AUTHORITY: Title V, Social Security Act, Omnibus Reconciliation Act of 1981 ;
DHHS regulations on block grant.
BUDGET: Personnel $71 ,205
Contractual 2,200
CONTRACT TOTAL $73,405
tt�
Total amount of this 'Attachment shall not exceed $ 73,405 OO
• m fir^ ( �'k` 'Y'Y'+MM �t� 1 I^•1U W i!. _ i ) ' a. i r '.1 --r f =,.
1� +�i7.� f -r �7 y�t} �t kilt I 1.t:s rl 1 �•-. h. � 3 �s•y t
ATTACHMENT NO. 4
PERFORMING AGENCY: BEAUMUNT CITY HEALrf,li DEPARTMENT
PROGRAM WI'T'HIN RECEIVING AGENCY (TDH ) : COMMUNITY AND RURAL HEALTH
TERM:_Sephember 1 L_ 1984_ through _Auc u�jt 1985
SCOPE OF WORK:
To provide personnel for MCH program , health educat-ion and health promoLion
initiatives , and clerical support, for health department programs .
LEGAL AUTHORITY:
Current Appropriations Bill
BUDGET:
Personnel $53 , 000 . 00
Total amount of this Attachment shall not exceed