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.~ UU9:,`+~05
Patti J. Patterson, M.D_
Com 'ssioner
Randy P. Washir-gton
Deputy Commissioner for Health Care Fuu;rxic-g
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3]99
(512) 458-7111
http:/!w'sn+w'.tdh.state.lx.w
TO: Local Offices on Remote Birth Access
FitOM: Richard B. Bays, State Registrar
DATE: May 30, 1997
~~ +~
..~
Cato15. Qaniels
peputy Commissioner for Programs
Roy L Hogan
deputy Commissioner far Administrati,an
SUB,tECT; Upcoming Changes
Effective August 31, 1997, the Texas Dcpartrnent of Health will no longer be supported with a main-
frame computer system. This change forces individual programs and bureaus to modiFy their
computer applications to be I'C or network based syst+cros. Planning for this change-over and system
conversion has been going on for over two years and is almost complete.
The Retnote Birth Access which you utilize in your office to issue birth certiFeates from our
database has been a mainframe application with telephone dial-up communications. This system is
changing and your office will be required to adapt to the changes if you are to continue to utilize the
remote birth access system_
The new remote access application will utilize the Interntt as a communications device. Your office
wilt establish a communications link to a secure web server which will, in stun, allow access to tits
birth database. Tht:re are several advantages to this new system:
• many of you will no Ivnger need to dial long distance co gain access
• the screens and look-up capability arc enhanced tv alIow far broader starches
• access during Beak hours is enhanced to virtually eliminate busy signals at BVS
An Eluat t:mployrrtertt Oppivrlonify Employer
TDH
TE7CA5 DEPARTAffiNT OF EffALTH
Texas Department of Health
William R. Archer III, M.D.
Commissioner
http:/fwww. tdh. state. t.~ us
Patti J. Patterson, M.D., M.P.H.
Executive Deputy Commissioner
May 11, 1998
ROBERT A DENSON
COUNTY JUDGE
KERB COUNTY
700 MAIN
KERVILLE, TX 78028-0000
1100 West 49th Street
Austin, Texas 78756-3199
512/458-7111
TDH Document: 7460014941 98
Dear JUDGE DENSON:
I have enclosed an approved copy of your public health services contract. Please file it with the office of record for
your agency.
If you have any questions, please call the Grants Management Division, Contract Development Section, at 512/458-
7470.
Sincerely,
Douglas C. Wilson, Director `
Grants Management Division
DCW aw
Enclosures
Fded~g~pl AC.1~
BIWE G! MEEKER --
Clerk CpuMy, ~,rt, Kerr County, Texas
ay, a~
C~/

~~
~z~9~
An Equal Employment Opportunity Employer
~ ~
CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7460014941 98
Contract Issued by: TEXAS DEPARTMENT OF HEALTH SW
(RECEIVING AGENCY) 1100 WEST 49TH STREET
AUSTIN, TEXAS 7875b-3199
Legal Authority to Contract: Chapter 12, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in
Travis County, Texas.
PERFORMING AGENCY NAME: KERB COUNTY
MAII.ING ADDRESS: 700 MAIN KERVILLE TX 78028-0000
(City, State, Zip)
STREET ADDRESS: 700 MAIN KERVILLE TX 78028-0000
(City, State, Zip)
NAME OF AUTHORIZED
CONTRACTING ENTITY:
(If diffarnt from PERFORMING AGENCI~
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State
Comptroller's Office.):
NAME:
ADDRESS:
State of Texas Vendor Identification No. (14 digits)	PAYEE AGENCY Fiscal
17460014941005	Year Ending Month: December
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently
_
owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
Historically Underutilized Business (IiUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit
_
in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been
historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American. Hispanic
American, Asian Pacific American, Native American, and Women. The HUB must be certified by General Services Commission or
another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 -Receiving and Performing Agency Data GENERAL PROVISIONS
COVER PAGE 2 -Details of Attachment(s) ATTACHMENT(S)
COVER PAGE 3 -Authorized Signatures EXHIBTTS, 1F APPLICABLE
Cover Page 1
DETAILS OF ATTACHMENTS
Att!	TDH	Term	Financial Assistance	Direct	Total Amount
Amd
No.	Program!
ID	
~S~	
End	
Source of
Funds*	
Amount	Assistance	(TDH Share)
O1	EMS/COUNTY	04/01/98	08/31/98	State	5,432.00	0.00	5,432.00
TDH Document No.'7460014941 98 Totals	$5,432.00	$0.00	$5,432.00
*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
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 NAME:
KERB COUNTY
sy:
(Signs e o rson a or o sign c ntracts)
G©y/J i t.~ ~~
(Name and Title)
RECEIVING AGENCY NAME:
TEXAS DEPARTMENT OF AEALTH
sy:
(Sig re of person o ' ed o gn contracts)
Linda Farrow, Chief
Bureau of Financial Services
(Name and Title)
`~~ -
Date: `~ ~ Date:
RECOMMENDED:
y:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
TDH Document No: 7460014941 98
Cover Page 3
't
r ~ ~ s
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH CONTRACTS
PERFORMING AGENCY and RECENING AGENCY (the parties) agree to make and enter into this contract, to
faithfully perform the duties prescribed by this contract, and to uphold and abide by the terms and provisions of this
contract. PERFORMING AGENCY and RECEMNG AGENCY agree that this contract consists of RECENING
and PERFORMING AGENCY identifying data, Details of Attachment(s), authorized signatures, general and/or
special provisions, Attachment(s) with detailed Scope(s) of Work, 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 the following terms and conditions unless otherwise specified in
the Attachment(s) hereto:
ARTICLE 1. ,~opgof Work
PERFORMING AGENCY shall perform the work outlined in the Scope{s) of Work contained in the Attachment(s)
hereto (which is/are referenced in the Details of Attachments) and hereby incorporated into this contract for all
purposes as though it were set out word-for-word in this document along with any amendments.
Satisfactory performance of this contract will be measured in part by: 1} adherence to the contract; 2) results of CPA
or State Auditor reports; 3) timeliness, completeness, and accuracy of required reports; and 4) achievement of
performance measures.
ARTICLE 2. • erm
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 amendments}.
ARTICLE 3. n in
This contract is contingent upon the availability of funding for the term of the Attachment(s), and PERFORMING
AGENCY will have no right of action against the State of Texas or the RECEIVING AGENCY in the event that
RECENING AGENCY is unable to fulfill its obligations under this contract as a result of the suspension, termination,
withdrawal, or failure of funding to RECENING AGENCY or 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 or Modifications
No different or additional services, work, or products shall be authorized or performed except pursuant to an
amendment or modification of this contract that is executed in compliance with this Article. No waiver of any term,
(Independent) 1998 GENERAL PROVISIONS Page I (8/97)
covenant, or condition of this contract shall be valid unless executed in compliance with this Article. The
PERFORMING AGENCY shall not be entitled to payment for any services, work, or products which are not
authorized by a properly executed contract amendment or modification.
This contract may be modified unilaterally under the terms of the Sanctions and Terminations Articles, Otherwise,
this contract may not be amended or modified unless such amendment or modification is in writing and signed by
individuals with authority to bind the parties.
ARTICLE 5. Severability
If any provision of this contract is construed to be illegal or invalid, this will not affect the legality or validity of any
of its other provisions. The illegal or invalid provision will be deemed stricken and deleted to the same extent and
effect as if never incorporated herein, but all other provisions will continue.
ARTICLE 6. Annlicable Law
This contract will be governed by the laws of the State of Texas and enabling state and federal regulations, including
federal grant requirements applicable to funding sources.
PERFORMING AGENCY agrees the Uniform Grant and Contract Management Act (UGCMA}, Texas Government
Code, Chapter 783, VTCA, and the Uniform Grant and Contract Management Standards (UGCMS) as amended by
revised federal circulars and incorporated in UGCMS 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 UGCMS, the provisions of UGCMA and UGCMS will
prevail unless expressly stated otherwise. A copy of the UGCMS manual and its references will be provided to
PERFORMING AGENCY by RECEIVING AGENCY upon request.
PERFORMING AGENCY must obtain prior approval from RECENING AGENCY for major project changes which
are specified in the applicable Administrative Requirements and Costs Principles. A listing of the Administrative
Regturements and Cost Principles is contained in this contract in the Allowable Costs and Audit Requirements Article.
Copies of these documents will be provided to PERFORMING AGENCY by RECEIVING AGENCY upon request
and are incorporated by reference as a condition of this contract.
In accordance with 31 USC §1352, PERFORMING AGENCY may not use funds granted under this contract to lobby
Congress or any agency in connection with a specific grant or contract. If at any time a contract exceeds $100,000,
the PERFORMING AGENCY shall certify that none of the funds provided by RECEIVING AGENCY to
PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding source, if a contract
Attachment exceeds $100,000, PERFORMING AGENCY shall provide to RECEIVING AGENCY a certification
of the names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement.
PERFORMING AGENCY shall forward to RECENING AGENCY the executed certification form along with the
ttames of any lobbyists, if applicable, within 90 days of receipt of the executed contract. The certification form is
available from RECEIVING AGENCY upon request.
In accordance with the Tax Code, Chapter 171, VTCA, PERFORMING AGENCY, if a corporation, certifies by
execution of this contract that its payment of franchise taxes is currently in "good standing" with the State of Texas.
If PERFORMING AGENCY is exempt from payment of franchise taxes, PERFORMING AGENCY certifies by
execution of this contract that it is not subject to the State of Texas franchise tax. A false statement regazding franchise
tax status will be treated as a material breach of this contract and may be grounds for termination at the option of
RECEMNG AGENCY. If franchise tax payments became delinquent during the Attachment term, payments under
this contract will be withheld until PERFORMING AGENCY'S delinquent franchise tax is paid in full.
(Independent) 1998 GENERAL PROVISIONS Page 2 (8/97)
ARTICLE 7. Debarment and Susoension
PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in
federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING
AGENCY certifies, by submission of this contract, that 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. Where the PERFORMING AGENCY is unable to certify to any of the statements in
this certification, PERFORMING AGENCY shall attach an explanation. PERFORMING AGENCY specifically
asserts that it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal
or state agency and that it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for
collection of the balance. A false statement regarding PERFORMING AGENCY's status will be treated as a material
breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY.
ARTICLE 8. Assurances
PERFORMING AGENCY shall establish safeguazds 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:
A. Title VI of the Civil Rights Act of 1964, 42 USC §§2000d, et seq.;
B. Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a);
C. The Americans with Disabilities Act of 1990, 42 USC §§12101, et seq.; and
D. All amendments to each and all requirements imposed by the regulations issued pursuant
to these acts, especially 45 CFR Part 80 (relating to race, color and national origin), 45 CFR Part 84
(relating to handicap), 45 CFR Part 86 (relating to sex), and 45 CFR Part 91 (relating to age).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, age, sex, disability, or political or religious beliefs. PERFORMING AGENCY
agrees that in carrying out the terms of this contract, it will do so in a manner which will assist RECENING
AGENCY to comply with such obligations to the fullest extent of PERFORMING AGENCY'S ability.
PERFORMING AGENCY will use its best efforts to make available employment opportunities for qualified disabled
individuals.
PERFORMING AGENCY agrees to comply with the:
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. Environmental standards which may be prescribed pursuant to the following:
(Independent) 1998 GENERAL PROVISIONS Page 3 (8/97)
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969, 42 USC §§4321332 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) Conformity of federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 - 7642.
(4) Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, 21 USC §349, 42 USC §§300f-300j.
E. If applicable, the National Research Service Award Act of 1971, 42 USC §289L-1 and
20 USC §§2080-6081, regazding the protection of human subjects involved in research, development, and
related activities supported by any applicable award of federal assistance.
F. If applicable, the Clinical Laboratory Improvement Amendments of 1988, 42 USC
§263a, which establish federal requirements for the regulation and certification of clinical laboratories.
G. If applicable, the Occupational Safety and Health Administration Regulations on
Bloodborne Pathogens, 56 Fed. Reg. 64175 (1991), 29 CFR §1919.030, which set safety standards for
those workers and facilities who may handle bloodborne pathogens.
As required by Texas Family Code, Section 231.006, VTCA, a child support obligor who is more than 30 days
delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shazeholder,
or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a
contract to provide property, materials, or services or receive astate-funded grant or loan. If applicable, the
PERFORMING AGENCY agrees to comply with these provisions, certifies that it is not ineligible to receive the
payments specified in this contract, and acknowledges that this contract may be terminated and payment may be
withheld if this certification is inaccurate.
PERFORMING AGENCY agrees to comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401(}6, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC),
Chapter 410, et seq., which cover compensation for employees' injuries.
PERFORMING AGENCY warrants that hardware, software, and firmware products used individually or together
as a system to comply with RECENING AGENCY contract requirements will be yeaz-2000-compliant on or before
the date such hazdwaze, softwaze, firmwaze and systems aze to be impacted. RECEIVING AGENCY warrants that
hardware, software, and firmware products used individually or together as a system, developed by RECEIVING
AGENCY, and provided to PERFORMING AGENCY for operation will beyear-2000-compliant on or before the
date such hazdwaze, software, firmware and systems are to be impacted.
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 the RECEIVING AGENCY.
(Independent) 1998 GENERAL PROVISIONS Page 4 (897)
ARTICLE 9. certification Regarding License. Certificate. or Permit
PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s), agrees and assures that
personnel paid from these funds are duly licensed and/or qualified to perform the required services.
PERFORMING AGENCY certifies by signing this contract that, in accordance with Section 163 of Article IX of the
General Appropriations Act, 75th Legislature, no owner, operator, or administrator of the 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 10. 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 UGCMS 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, allowability, and allocabiliry of costs; and timely and appropriate audits and resolution of
any fmdings; and,
C. Billing and collection policies, including a charge 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.
(Independent) 1998 GENERAL PROVISIONS Page 5 (8/97)
In addition, PERFORMING AGENCY shall bill third party payors, at no cost to the client, for services provided
under the Attachment(s). These potential payors include, but are not limited to, Medicaid, private insurance carriers,
other available federal, state, local, and private funds. PERFORMING AGENCY shall become a Medicaid provider
for eligible activities funded in the Attachment(s) hereto and will maZim»e efforts to obtain payment from Medicaid
and all other available sources.
PERFORMING AGENCY, if designated a 501(c)(3) organization as defined in the Internal Revenue Service Code
or afor-profit organization, and its governing boazd, shall beaz full responsibility for the integrity of the fiscal and
programmatic management of the organization. Such responsibility shall include: accountability for all funds and
materials received from the RECENING AGENCY; compliance with RECENING AGENCY rules, policies,
procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies
identified through self-evaluation and RECENING AGENCY'S monitoring processes. Further, PERFORMING
AGENCY's governing board shall ensure separation of powers, duties, and functions of board members and staff.
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 11. Allowable Costs and Audit Requirements
Only those costs allowable under UGCMS 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*
OMB Circular A-87, State &
Local Governments
OMB Circular A-21, Educational
Institutions
OMB Circulaz A-122, Non-Profit
Organizations
OMB Circular A-133 and UGCMS
OMB CircuIaz A-133
OMB Circular A-133 and UGCMS
* OMB Circulars shall be applied with the modifications prescribed by UGCMS.
Administrative
Requirements*
UGCMS
OMB Circular A-110
UGCMS
To be eligible for reimbursement under this contract, a cost must have been incurred by PERFORMING AGENCY
within the applicable Attachment term prior to claiming reimbursement from RECEIVING AGENCY. Vouchers for
costs encumbered by the last day of the applicable Attachment term must be received by RECEIVING AGENCY no
later than 45 days after the end of the applicable Attachment term.
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 UGCMS. The audit shall be of
PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING ENTITY'S fiscal yeaz. The audit must be
conducted by an independent certified public accountant and must be in accordance with applicable OMB Circulars,
Government Auditing Standards, and UGCMS. PERFORMING AGENCY shall procure audit services in compliance
with state procurement procedures, as well as the provisions of UGCMS.
If PERFORMING AGENCY is not required to have a Single Audit, RECEIVING AGENCY will provide
PERFORMING AGENCY with written audit requirements if a limited scope audit will be required.
(Independent) 1998 GENERAL PROVISIONS Page 6 (8/97)
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 12.
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 13.
For services satisfactorily performed pursuant to the Scope(s) of Work set out in the Attachment(s) hereto,
PERFORMING AGENCY will receive reimbursement for allowable costs. Reimbursements are contingent on a
signed contract and will not exceed the total of each Attachment(s) hereto. The PERFORMING AGENCY is not
entitled to, and shall not pursue, payment for any claim unless the service, work, or product forming the basis of the
claim has been authorized in accordance with this contract.
PERFORMING AGENCY must submit claims for reimbursement on a State of Texas Purchase Voucher (TDH Form
B-13) or any other form designated by the RECEIVING AGENCY. PERFORMING AGENCY shall submit vouchers
for reimbursement monthly within 20 days following the end of the month covered by the bill. PERFORMING
AGENCY shall submit a reimbursement claim as a final close-out bill not later than 45 days following the end of the
applicable Attachment term(s). Claims submitted and postmarked more than 45 days following the end of the
applicable Attachment term may or may not be reimbursed, at the discretion of the RECEIVING AGENCY.
PERFORMING AGENCY may request, in writing, to be placed on Duect Deposit status. If this request is approved
by RECEIVING AGENCY, PERFORMING AGENCY will no longer receive copies of reimbursement vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall use
such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
PERFORMING AGENCY shall refund to RECEIVING AGENCY within 30 days any funds PERFORMING
AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined
by RECEIVING AGENCY to be ineligible for reimbursement.
RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING
AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not
refunded to RECEIVING AGENCY by PERFORMING AGENCY. Repayment may be taken from funds available
under any contract Attachment, active or expired, with [he same funding source in amounts necessary to fulfill
PERFORMING AGENCY repayment obligations.
Without waiving rights to impose other sanctions, RECEIVING AGENCY shall temporarily or permanently withhold
payment(s) from PERFORMING AGENCY for the following programmatic and fmancial noncompliance items:
• failure to submit required fmancial reports for previous quarters or for the fmal period;
• failure to respond to financial compliance monitoring reports;
• failure to submit required independent audit reports;
• failure to meet program requirements as specified in an Attachment's Scope of Work;
• inadequate or inappropriate resolution of program or financial monitoring findings
(Independent) 1998 GENERAL PROVISIONS Page 7 (8/97)
• and for other items of noncompliance.
ARTICLE 14. Advance Payments
PERFORMING AGENCY may request, and with proper justification and RECEIVING AGENCY'S approval, receive
a one-time advance for each Attachment. Advance funds may be drawn only to meet immediate cash needs for
disbursement. PERFORMING AGENCY must request the advance on a State of Texas Purchase Voucher at the
beginning of the applicable Attachment period or at a later time in the applicable Attachment period if circumstances
so warrant. The Purchase Voucher must be accompanied by written justification and supporting documentation as
specified in RECEIVING AGENCY'S Financial Administrative Procedures Manual, REIMBURSEMENT
PROCEDURES.
If RECEMNG AGENCY concurs with PERFORMING AGENCY's request for an advance, RECEMNG AGENCY
will determine the amount of the advance 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) less any Program Income carried forward
from the previous year. Advance funds will be liquidated during the applicable Attachment term so that, after the final
monthly billing, PERFORMING AGENCY will not have advance funds on hand.
Amendments to applicable Attachment(s) which increase or decrease the total amount of the Attachment may require
upwazd or downward adjustment to the allowable advance in accordance with the above formula. In the case of a
downward adjustment, RECEIVING AGENCY will determine the amount of adjustment to the advance and the
method of repayment. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY
must submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount
necessary to correct the ratio.
ARTICLE 15.
PERFORMING AGENCY may 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 Boazd
of Health rules covering Fees for Clinical Health Services, 25 TAC § 1.91; and other applicable laws provided,
however, that a patient may not be denied a service due to inability to pay.
Both parties agree that 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) aze considered program income. PERFORMING AGENCY
shall identify and report this income quarterly and annually utilizing the forms and frequencies specified in the
Financial Reports Article of these provisions.
PERFORMING AGENCY shall retain the program income and select either the additive or deductive method for
calculating program income:
Under the additive method, PERFORMING AGENCY will add the program income to the funds
already committed to the project by both the RECEIVING AGENCY and PERFORMING
AGENCY. PERFORMING AGENCY shall use program income to further the program objectives
of the state/federal statute under which the Scope of Work for the Attachment(s) was made, and
PERFORMING AGENCY shall spend program income on the same project in which it was
generated. Program income earned in a current budget period and not expended in that budget
period may be carried forward to the next budget period, but PERFORMING AGENCY must spend
the program income in the nett budget period or the program income shall be deducted from
(Independent) 1998 GENERAL PROVISIONS Page 8 (8/97)
program expenditures. This policy will apply unless specifically stated otherwise in the Special
Provisions of the applicable contract Attachment(s).
Under the deductive method, the PERFORMING AGENCY shall deduct the program income from
the total allowable costs to determine the net allowable costs.
RECEIVING AGENCY may base future funding levels, in part, upon the 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 16. Financial Rgp~
Financial reports are required as provided in UGCMS, and PERFORMING AGENCY shall file them regardless of
whether or not expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (TDH
Form GC~a), 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 45 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.
ARTICLE 17.
PERFORMING AGENCY shall submit financial, program, and progress reports as requested by RECEIVING
AGENCY in the format agreed to by the parties hereto. PERFORMING AGENCY shall provide RECEIVING
AGENCY such other reports as aze determined by RECEIVING AGENCY to be necessary for the accomplishment
of the objectives of this contract. If PERFORMING AGENCY is legally prohibited from providing such reports, it
shall immediately notify RECEMNG AGENCY of this fact. PERFORMING AGENCY'S failure to comply with
these requirements shall be grounds for the imposition of sanctions as provided for in the Sanctions Article.
RECEIVING AGENCY and, when federal funds aze involved, any authorized representative(s) of the federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including client or
patient records) performed by PERFORMING AGENCY and its subcontractor(s), if any, and the premises on which
it is being performed, including subcontractors. PERFORMING AGENCY and its subcontractor(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 subcontractor(s), if any, shall give RECEIVING AGENCY and the federal
government, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and
client or patient records of PERFORMING AGENCY and its subcontractor(s), 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 eRan,;nation 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 determination by RECEIVING AGENCY of either an inadequate or inappropriate resolution of the findings may
result in the withholding of funds, as provided in the Terms and Conditions of Payment Article and the Sanctions
(Independent) 1998 GENERAL PROVISIONS Page 9 (8/97)
Article. Any such withholding of funds will remain in effect until the deficiencies are properly remedied as
determined by RECENING AGENCY.
PERFORMING AGENCY will retain all such 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, whichever time period is
longer.
ARTICLE 18.
PERFORMING AGENCY, or any subcontractor, shall not 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; however, the RECEIVING AGENCY may require the PERFORMING AGENCY, or any
subcontractor, to transfer a client or patient record to another agency or to the RECENING AGENCY if the transfer
is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient.
At the end of the Attachment term, all client or patient records are the property of PERFORMING AGENCY.
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.
If at any time during the Attachment term(s), PERFORMING AGENCY andlor RECEIVING AGENCY should
decide to terminate the agreement, 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.
Notwithstanding any other provision herein, if requested by RECENING AGENCY, the PERFORMING AGENCY
shall share all patient information with the RECENING AGENCY when the contract involves patient care by the
PERFORMING AGENCY. The PERFORMING AGENCY shall attempt to obtain a release of medical information
from the client or patient or someone authorized to act on his or her behalf permitting the transfer of information
outside the PERFORMING AGENCY on forms supplied by the RECENING AGENCY. If the patient refuses to sign
the release of information form, the information will be shared with the RECEIVING AGENCY devoid of all
identifiers of a personal nature, as specified by RECEIVING AGENCY.
ARTICLE 19. 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 contract
Attachment(s). PERFORMING AGENCY may not disclose or transfer confidential client or patient information,
including information required by the Reports and Inspections Article, except in accordance with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement workplace policies
based on the model guidelines adopted by RECEIVING AGENCY, 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, §85.113, VTCA.
ARTICLE 20. Eq_uinment and Supplies
In accordance with Health & Safety Code, §12.053, VTCA, title to all equipment and supplies purchased from funds
provided herein will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s) or until the
Attachment is terminated.
(Independent) 1998 GENERAL PROVISIONS Page 10 (897)
Equipment is defined as tangible nonezpendable property with an acquisition cost of over $1,000 and a rueful life of
more than one yeaz, with the following exceptions: fax machines, stereo systems, cameras, video recorder/players,
microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these exception items is
over $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 over $1,000.
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any additions to, or deletions of, approved equipment purchases meeting the above equipment definition.
To receive approval to purchase data processing hazdwaze and softwaze or enhancements thereto, PERFORMING
AGENCY must submit a detailed justification which includes 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-11) 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.
In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment,
and supplies in possession of PERFORMING AGENCY from the bankruptcy and title reverts to RECEIVING
AGENCY.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies purchased
from funds as hereinabove provided reverts to RECEIVING AGENCY. Title may be transferred to any other parry
designated by RECEIVING AGENCY, provided, however, that RECEIVING AGENCY may, at its option and to
the extent allowed by law, transfer title to such property to the PERFORMING AGENCY.
ARTICLE Zl. Subcontracting
PERFORMING AGENCY may enter into agreements with subcontractors 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 subcontractor.
If PERFORMING AGENCY enters into subcontract agreements, PERFORMING AGENCY agrees that all
subcontracts shall be in writing and 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 be executed annually;
• access to inspect work performed, and the premises on which it is performed, in accordance with
the Reports and 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 subcontracts containing a categorical budget shall include audit requirements
referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate.
(Independent) 1998 GENERAL PROVISIONS Page 11 (8/97)
If PERFORMING AGENCY plans to enter into an agreement which subcontracts out a substantial portion of an
Attachment's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts
that must have prior written approval are those that exceed $25,000 or 25 % of the applicable Attachment amount,
whichever is greater.
PERFORMING AGENCY shall ensure that:
• all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes
and regulations;
• all subcontractors comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulars;
• subcontractors complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 22.
PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals,
films, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract
Attachment(s) that result in the production of original books, manuals, films, or other original material is financed
by a federal grant, the terms of which provide otherwise. All right, title, and interest in and to said property shall vest
in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" 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 tray not be considered a work made for hire,
all rights, title and interest therein are hereby irrevocably assigned to the 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 shall ensure all rights, titles,
and interest in and to said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its
subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its
subcontractors 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 amouncs payable
to PERFORMING AGENCY for the services rendered under the contract.
PERFORMING AGENCY understands and agrees that, 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 aroyalty-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 subcontractor 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 agrant-supported activity. An acknowledgment shall be to the effect that "This publication was made
possible by grant number from (federal awarding a’encv)" or "The project described was supported
by grant number from (federal awarding agencv)° and "Its contents are solely the responsibility
of the authors and do not necessarily represent the official views of the (federal awarding~gencv)."
In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
AGENCY reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and
to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any work
(Independent) 1998 GENERAL PROVISIONS Page 12 (8/97)
developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
grantee, subgrantee or a contractor purchases ownership with grant support.
PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING
AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include "m
Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
If the PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
received from RECEMNG 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 subcontractor, 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 23. Hold Harmless
PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the federal
government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments,
and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or
non-performance of PERFORMING AGENCY under this contract. PERFORMING AGENCY's agreement to
indemnify RECEMNG AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies
Code, VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY, as a state governmental agency,
agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims,
losses, damages and judgments that arise from the performance or non-performance of RECEIVING AGENCY under
this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and
Remedies Code, VTCA, and to the extent allowed by any other laws.
ARTICLE 24. Bonding
PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding
provided under the contract Attachment(s) up to $100,000 that covers each employee of the PERFORMING AGENCY
handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond or
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 25. Historically Underutilized Businesses
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 Texas
Administrative Code (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.
A HUB is defined in the Texas Government Code §2161.001(2), VTCA, as:
A. a corporation formed for the purpose of making a profit in which 51 percent or more of all classes
of the shares of stock or other equitable securities are owned by one or more socially disadvantaged
persons who have a proportionate interest and actively participate in the corporation's control,
operation, and management;
(Independent) 1998 GENERAL PROVISIONS Page 13 (8/97)
B. a sole proprietorship created for the purpose of making a profit that is completely owned, operated,
and controlled by a socially disadvantaged person;
C. a partnership formed for the purpose of making a profit in which 51 percent or more of the assets
and interest in the partnership are owned by one or more socially disadvantaged persons who have
a proportionate interest and actively participate in the partnership's control, operation, and
management;
D. a joint venture in which each entity in the venture is a historically underutilized business; or
E. a supplier contract between a historically underutilized business and a prime contractor under which
the historically underutilized business is directly involved in the manufacture or distribution of the
goods or otherwise warehouses and ships the goods.
"Socially disadvantaged person" is defined in Texas Government Code §2161.001(3) as "... a person who is socially
disadvantaged because of the person's identification as a member of a certain group, including Black Americans,
Hispanic Americans, women, Asian Pacific Americans and Native Americans, and who has suffered the effects of
discriminatory practices or other similar insidious circumstances over which the person has no control. "
A HUB is defined in the General Appropriations Act, 75th Legislature, Regular Session, ARTICLE IX, General
Provisions, Section 124, Contracting with Historically Underutilized Businesses, Subsection 3, in the same manner
except that "socially disadvantaged person" is replaced with the term "economically disadvantaged person." The term
"economically disadvantaged person is defined in the General Appropriations Act as a person who is
economically disadvantaged because of the person's identification as a member of certain groups, including Black
Americans, Hispanic Americans, women, Asian Americans and Native Americans, and who has suffered the effects
of discriminatory practices or other similar insidious circumstances over which the person has no control."
PERFORMING AGENCY agrees to make a good faith effort to subcontract with HUBS during the performance of
its contract Attachment(s) with the RECENING AGENCY and will report HUB subcontract activity on a quarterly
basis to RECENING AGENCY.
ARTICLE 26. anctions
PERFORMING AGENCY agrees and understands that sanctions may be imposed by RECEIVING AGENCY both
for programmatic and financial noncompliance. RECEIVING AGENCY tray, at its own discretion, impose one or
more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. Both parties
agree that a state or federal statute, Wile, 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 the PERFORMING
AGENCY'S authority to obligate previously awazded funds before that authority would otherwise expire,
or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously awarded funds.
PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY
after termination of an awazd are not allowable unless expressly authorized by the notice of termination;
B. suspend all or part of the contract. Suspension is the temporary withdrawal of the PERFORMING
AGENCY'S authority to obligate funds pending compliance by the PERFORMING AGENCY or its
subcontractor(s) or pending a decision to terminate or modify the contract. PERFORMING AGENCY
costs resulting from obligations incurred by the PERFORMING AGENCY during a suspension aze not
allowable unless expressly authorized by the notice of suspension;
(Independent) 1998 GENERAL PROVISIONS Page 14 (8/97)
C. temporarily or permanently withhold cash payments. Withholding of cash payment means that the
RECEIVING AGENCY retains funds claimed by the PERFORMING AGENCY in order to: a) recover
payments already made for undocumented, disputed, inaccurate, or erroneous claims; b) obtain refunds
for overpayment for any reason; or c) obtain compliance;
D. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five yeazs;
E. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
F. amend all or a part of the contract as a result of noncompliance;
G. place the PERFORMING AGENCY on probation. Probation means that the 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 the PERFORMING AGENCY;
H. conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEMNG AGENCY than would routinely
be accomplished;
I. require the PERFORMING AGENCY to obtain technical or managerial assistance;
J. disallow claims by disapproving costs or fees claimed for payment or reimbursement by PERFORMING
AGENCY;
K. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
L. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
M. demand repayment from the PERFORMING AGENCY;
N. 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;
O. take any other action which RECEMNG AGENCY deems appropriate.
RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed
(with the exception of accelerated monitoring, which may be unannounced.) PERFORMING AGENCY is required
to file, within 15 days of receipt of notice, a written response to the RECEIVING AGENCY's program/division that
sent the notice, acknowledging receipt of such notice and stating how the PERFORMING AGENCY will correct the
noncompliance.
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 awazds, delay contract execution, or amend all or
part of the contract in an emergency by delivering written notice to a PERFORMING AGENCY, by any verifiable
method, stating the reason for the emergency action. The emergency may be a result of the PERFORMING
AGENCY'S noncompliance having a direct adverse impact on the public or client health or safety, failure to achieve
a performance measure, being reimbursed for expenditures which are not in accordance with applicable federal or
state laws and regulations or the provisions of the contract, or expending funds inappropriately.
(Independent) 1998 GENERAL PROVISIONS Page 15 (8197)
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, denial of
contract renewal or future contract awards, and contract amendment as a result of noncompliance in accordance with
RECEIVING AGENCY'S Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request
for review in writing to RECENING AGENCY within fifteen (15) days from the date of notification.
ARTICLE 27. Termination
In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all
requirements contained herein, unless extended in writing; or all or a part of this contract may be terminated prior
to completion of the contract term for any of the following reasons:
A. Termination in the Best Interest of the State. This contract may be terminated by RECEIVING AGENCY
at any time when, in the sole determination of RECEIVING AGENCY, termination is in the best interests
of the State of Texas.
B. Termination by Agreement. This contract may be terminated, in whole or in part, when both parties
mutually agree that continuation of the contract would not achieve the objectives and goals of the contract
and that continuation would not be mutually beneficial.
C. Termination for Cause. RECENING AGENCY reserves the right to terminate this contract, in whole or
in part, upon the following conditions:
(1) The PERFORMING AGENCY makes an assignment for the benefit of its creditors, or admits in
writing its inability to pay its debts generally as they become due, or consents to the appointment
of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all or any part of its
property; if judgment for the payment of money in excess of $50,000.00 (which is not covered by
insurance) is rendered by any court or governmental body against the PERFORMING AGENCY,
and the PERFORMING AGENCY does not discharge the judgment or provide for its discharge in
accordance with its terms, or procure a stay of execution thereof 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 thereof to be stayed
during such appeal while providing such reserves therefore as may be required under generally
accepted accounting principles; or a writ or warrant of attachment or any similar process shall be
issued by any court against all or any material portion of the property of the PERFORMING
AGENCY, and such writ or warrant of attachment or any similar process is not released or bonded
within 30 days after its entry; or
(2) A court of competent jurisdiction fords that the PERFORMING AGENCY has failed to adhere to
any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or
(3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by
the contract; or
(4) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services
provided under this contract; or
(5) The RECEMNG AGENCY makes a written determination that the PERFORMING AGENCY has
failed to substantially perform under this agreement, which determination specifies the events
resulting in the RECEIVING AGENCY'S determination that the PERFORMING AGENCY has
failed to substantially perform under this agreement; or
(Independent) 1998 GENERAL PROVISIONS Page 16 (8/97)
(6) RECEIVING AGENCY makes a written determination that PERFORMING AGENCY has
committed a material breach of any term(s) of this contract; or
(7) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel
or resources to perform under the contract; or
(8) A receiver, conservator, liquidator, or trustee of the PERFORMING AGENCY, or any of its
property is appointed by order or decree of any court or agency or supervisory authority having
jurisdiction; or an order for relief is entered against the PERFORMING AGENCY under the
Federal Bankntptcy Code; or the PERFORMING AGENCY is adjudicated bankrupt or insolvent;
or a~+ portion of the property of the PERFORMING AGENCY is sequestered by court order and
the order remains in effect for more than 30 days after such party obtains knowledge thereof; or a
petition is filed against the PERFORMING AGENCY under any state, reorganization, arrangement,
insolvency, readjustment of debt, dissolution, liquidation, or receivership law of any jurisdiction,
whether now or hereafter in effect, and such petition is not dismissed within 30 days; or
(9) Termination for failure of funding. This contract may be terminated in the event state and/or federal
funding for this contract is terminated, limited, suspended, or withdrawn; or
(10) The PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking relief
under any provision of any banlmiptcy, reorganization, arrangement, insolvency, readjustment of
debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in
effect, or consents to the filing of any case or petition against it under any such law; or
(11) The PERFORMING AGENCY fails to comply with any of the terms, conditions or provisions of
the contract, in any manner whatsoever.
D. Termination for Cause by PERFORMING AGENCY. If the RECEIVING AGENCY is in breach of this
contract or fails to make payments as required by the contract, the PERFORMING AGENCY may
terminate the contract.
E. Termination without Cause. This contract and any Attachment hereto may be terminated by either party
without cause provided ninety (90) days written notice is provided to the other party.
Written notice will be provided by the terminating parry at least 30 days prior to the intended date of termination
unless an emergency exists or stated otherwise.
If either parry 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 dischazged 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 the
PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract.
ARTICLE 28. 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.
(Independent) 1998 GENERAL PROVISIONS Page 17 (8/97)
ARTICLE 29. 11a Waver of Snyereien Immunity
THE PARTIES F,XPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY
IlVTENDED TO CONSTITUTE A WAIVER BY RECEIVING AGENCY OR THE STATE OF TEXAS OF
ANY ~ FROM SUIT OR FROM LIABILITY THAT RECEIVIl~IG AGENCY OR THE STATE
OF TEXAS MAY HAVE BY OPERATION OF LAW.
(Independent) 1998 GENERAL PROVISIONS Page 18 (8/97}
DOCUMENT NO. 7460014941-98
ATTACHMENT NO. O1
PERFORMING AGENCY: KERR COUNTY
RECEIVING AGENCY PROGRAM: EMERGENCY MEDICAL SERVICES DIVISION
TERM: April O1, 1998 THRU: August 31, 1998
SECTION I. SCOPE OF WORK:
RECEIVING AGENCY will provide funding from the Emergency Medical Services (EMS and
Trauma Care System Fund established by Health and Safety Code §773.122, VTCA, to assist
PERFORMNG AGENCY in the enhancement and delivery of patient care in the EMS and trauma
care system. PERFORMING AGENCY will distribute and administer funds to eligible EMS
providers to provide coordination with the appropriate Trauma Service Area (TSA). These funds
are to be used for the following:
• supplies;
• operational expenses;
• education and training;
• equipment;
• vehicles; and
• communications systems.
The eligible EMS providers located in the PERFORMING AGENCY'S county which will receive
funding are specified in Exhibit A, which is attached hereto and made a part hereof.
PERFORMING AGENCY will comply with all applicable laws and regulations established at
federal and state levels as these regulations now appear or may be amended during the period of
this Attachment. Standards and guidelines referenced are those in effect on the beginning date of
this Attachment. These include:
Texas Government Code, Chapter 791, VTCA;
Health and Safety Code, §773.121-§773.124, VTCA.
SECTION II. SPECIAL PROVISIONS:
For the purposes of this Attachment, buildings, land, or investments (stocks, bonds, mutual funds,
etc.) are NOT ALLOWABLE COSTS.
RECEIVING AGENCY will utilize current revenues available to RECEIVING AGENCY for the
disbursement of these funds to PERFORMING AGENCY.
ATTACHMENT -Page
PERFORMING AGENCY agrees that if it is a county with a population of 291,000 or more, all
funds distributed will be jointly authorized by PERFORMING AGENCY'S county judge and the
mayor of the principal municipality in that county on vouchers issued by PERFORMING
AGENCY'S treasurer.
PERFORMING AGENCY agrees to return all unused funds to RECEIVING AGENCY no later
than August 31, 1998.
General Provisions, TERMS AND CONDITIONS OF PAYMENT Article, is replaced with the
following:
RECEIVING AGENCY will submit a lump sum payment as specified in SECTION III. BUDGET
to PERFORMING AGENCY no later than 30 days after the contract is fully executed.
General Provisions, ADVANCE PAYMENTS Article, is not applicable to this Attachment.
General Provisions, PROGRAM INCOME Article, is not applicable to this Attachment.
General Provisions, FINANCIAL REPORTS Article, is not applicable to this Attachment.
General Provisions, REPORTS AND INSPECTIONS Article, is revised to include the following:
PERFORMING AGENCY will submit a report to RECEIVING AGENCY Program no later than
August 1, 1998 which will contain the following:
• name of each EMS provider that received funding;
• amount each provider received;
• itemized list of expenditures, including anticipated expenditures thru August 31, 1998; and
• anticipated needs projected for FY 99.
General Provisions, SANCTIONS Article, is revised to include the following:
LOSS OF FUNDING ELIGIBILITY
For a period of not less than one year or more than three years, as determined by RECEIVING
AGENCY, RECEIVING AGENCY may refrain from disbursing funds under Health and Safety
Code, §773.122 to a county, municipality, or local recipient if the RECEIVING AGENCY
determines that such county, municipality, or local recipient used funds in violation of that
section.
SECTION III. BUDGET:
ATTACHMENT -Page 2
RECEIVING AGENCY will make a lump sum payment of $5.432.00 to PERFORMING
AGENCY no later than thirty (30) days after this contract is executed by both parties.
Total payments will not exceed $5,432.00.
ATTACHMENT -Page 3
EXHIBIT A
KERB
ELIGIBLE EMS PROVIDERS
KERRVILLE FIRE DEPARTMENT EMS
212 A STREET CHIEF RAYMOND HOLLOWAY
KERRVILLE, TX 78028 830/257-5333
TDH
TEXAS DEPAAT6ffi~I7 OP HEALTH
Texas Department of Health
William R. Archer III, M.D.
Commissioner
http://www. tdh.state.t~us
1100 West 49th Street
Austin, Texas 78756-3199
512/ 458-7111
Patti J. Patterson, M.D., M.P.H.
Executive Deputy Commissioner
November 10, 1997
PATRICIA DYE
COUNTY CLERK
KERB COUNTY
700 MAIN
KERRVILLE, TX 78028-0000
TDH Document: SO1501501C*OEB
Dear MS. DYE:
I have enclosed an approved copy of your public health services contract. Please file it with the office of record for
your agency.
If you have any questions, please call the Grants Management Division, Contract Development Section, at 512/458-
7470.
Sincerely,
• Linda Farrow, Chief
Bureau of Financial Services
LF:gc
Enclosures
Tied ~ ~'t Day ot~p~A.D.19
PATRICIA DYE
lark Cou Court, Carr County Texet
By Pub
Oc~~ ~ • ot`-~ l~ ~
An Egual Employment Opportunity Employer
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 501501501C* OEB-O1
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics,
hereinafter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program,
gerr County
hereinafter referred to as RECENING AGENCY, is as follows:
L
PERFORMING AGENCY agrees to provide on-line computer services in support of RECENING AGENCY from 7:00
a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error,
Performing Agency may temporarily suspend services without advance notice.
RECENING AGENCY will search PERFORMING AGENCY data bases, locate data, and issue Certifications of Vital
Records to authorized individuals requesting such data. The certifications will be in a format formally approved by
PERFORMING AGENCY. No limit will be established on the number of searches per month not resulting in issuance
of a certification, provided the number is reasonable.
RECENING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and purchase "bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program and provide technical assistance, if necessary.
RECENING AGENCY acknowledges that records may not be located in tbe searching process instituted by RECENING
AGENCY or records which are located may have errors due to:
A) normal key-entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECENING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced on "bank note"
paper, including voided documents.
RECENING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance with
Chapters 191 through 195 of the Health and Safety Code anti the regulations adopted thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
IL. TEBM
The term of this contract will begin upon its execution by both parties and will continue in force and effect until either
party gives sixty (60) days written notice of termination to the other party.
III.
RECENING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 83/100) for each
Certification of Vital Record printed as a result of searches of the database.
A monthly itemized billing showing the number of transactions by date will be submitted to RECENING AGENCY by
PERFORMING AGENCY and payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
~ CONFIDENTIAL.ITY
RECENING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other than RECENING AGENCY employee(s) or those who have an official need for the
information aril are authorized to receive such records, RECENING AGENCY further agrees reconis obtained and
issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data
for other purposes must be agreed to in writing by bath parties.
~ SECURITY
Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will
have access and will notify TDH immediately should it detect a security violation by one of its employees or any other
person.
V1, TERMINATION
This contract may be terminated either by mutual agreement of the parties or by either party upon the giving of sixty (60)
days written notice to the other party. RECENING AGENCY agrees to pay PERFORMING AGENCY for all services
completed prior to the effective date of such termination. Performing Agency may immediately suspend this agreement
upon reasonable suspicion that terms of this agreement have been violated by the Receiving Agency or one of its
employees. If, after investigation it is concluded that a violation of this agreement has occurred, Performing Agency may
terminate this agreement without further notice.
YII~ APPLICABLE LAWS AND 4TANDARD~
RECENING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs antler Executive Order 12549, Debarment and Suspension. RECENING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECENING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
yllj,. SEVERABILTTY
ff any provision of this contract will be construed to be illegal or invalid, this will not affect the legality or validity of any
of the other provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same
extent and effect as if never incorporated berein, but all other provisions will continue.
IX. FSJNDING
This contract is contingent upon the availability of funding. RECENING AGENCY will have no right of action against
the State of Texas or the PERFORMING AGENCY in the event that PERFORMING AGENCY is unable to fulfill its
obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachment(s) to this
contract, If funds become unavailable, provisions of the Ternunation Article will apply.
X. HOLD HARMLESS
Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract,
RECEIVING AGENCY agrees to hold PERFORMING AGENCY and/or federal government harmless and to indemnify
them from and against any and all claims, demands, and causes of action of every kind and character which may be
asserted by any third party occurring in any way incident to, arising out of, or in connection with the performance of
services by RECEIVING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph IB of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECENING AGENCY PERFORMING AGENCY
1~C~.~ Ct~v~l`r
e)
By:
ame)
/V~ ~ V~~ C
~~~-1-
By: ~
Linda Fa#ow, Chief
Bureau of Financial Services
(Title)
Date: ~ ~~ l
Reco, ed by:
~.~~~
~. ~-
(Name and Title) ~--~-e '~,~.~
Date: /~~~ ~~
VID 1/: 35015015015000
TDH DOC4~ 501501501C* OEB-O1
APP S O FO
By: ~ 1
(Name and Title)
APPROVED AS TO FORM:
By: ~ ~-~~-q7
Office of General Counsel
Patti J. Patterson, M.D.
Commissioner
Randy P. Washington
Deputy Commissioner for Health Care Financing
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3199
(512) 458-7111
http://www.tdh.state.tx. us
TO: Remote Access Users
FROM: Richard B. Bays
State Registrar fit,
Bureau of Vita tatisttcs
DATE: August 14, 1997
SUBJECT: Contract
Carol S. Daniels
Deputy Commissioner for Programs
Roy L. Hogan
Deputy Commissioner for Administration
Enclosed are two copies of the new contract between your agency and the Bureau of Vital Statistics
for on-line access to our birth files.
Please execute both copies and return directly to Barbara Mullings in my office. Once returned, they
will be signed by the appropriate authority in the Texas Department of Health and one completely
executed copy will be returned to you.
As we have previously conveyed to you, these contracts must be executed and returned to us prior
to October 15th to insure your agency's continuance on the remote certification system.
RBB:bam
An Equal E»~ployment Opportunity Employer
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER:
This CONTRACT and AGREEMENT by anti between the Texas Department of Health, Bureau of Vital Statistics,
hereinafter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program,
Kerr County
hereinafter referred to as RECEIVING AGENCY, is as follows:
I. SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING AGENCY from 7:00
a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error,
Performing Agency may temporarily suspend services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY data bases, locate data, and issue Certifications of Vital
Records to authorized individuals requesting such data. The certifications will be in a format formally approved by
PERFORMING AGENCY. No limit will be established on the number of searches per month not resulting in issuance
of a certification, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and purchase "bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program anti provide technical assistance, if necessary.
RECEIVING AGENCY aclmowledges that records may not be locaiecl in the searching process instituted by RECEIVING
AGENCY or reconls which are located may have errors due to:
A) normal key-entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced on "bank note"
paper, including voided documents.
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance with
Chapters 191 through 195 of the Health anti Safety Code and the regulations adopted thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
IL. TEBM
The term of this contract will begin upon its execution by both parties anti will continue in force and effect until either
party gives sixty (60) days written notice of termination to the other party.
III.
RECENING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 83/100) for each
Certification of Vital Record printed as a result of searches of the database.
A monthly itemized billing showing the number of transactions by date will be submitted to RECENING AGENCY by
PERFORMING AGENCY aril payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
j~V CONFIDENTIALITY
RECENING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other than RECENING AGENCY employee(s) or those who have an official need for the
information and are authorized to receive such records. RECENING AGENCY further agrees records obtained and
issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data
for other purposes must be agreed to in writing by both parties.
V SECURITY
Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will
have access antl will notify TDH immediately should it detect a security violation by one of its employees or any other
person.
TERMINATION
This contract may be terminated either by mutual agreement of the parties or by either party upon the giving of sixty (60)
days written notice to the other party. RECENING AGENCY agrees to pay PERFORMING AGENCY for all services
completed prior to the effective date of such termination. Performing Agency may immediately suspend this agreement
upon reasonable suspicion that terms of this agreement have been violated by the Receiving Agency or one of its
employees. If, after investigation it is concluded that a violation of this agreement has occurred, Performing Agency may
terminate this agreement without further notice.
APPLICABL-E L-AWS A_ND STANDARDS
RECENING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs antler Executive Omer 12549, Debarment and Suspension. RECENING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECENING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
VIII• SEVERABILTTY
ff any provision of this contract will be construed to be illegal or invalid, this will not affect the legality or validity of any
of the other provisions bereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
IX. FUNDING
This contract is contingent upon the availability of footling. RECENING AGENCY will have no right of action against
the State of Texas or the PERFORMING AGENCY in the event that PERFORMING AGENCY is unable to fulfill its
obligations under this contract as a result of the suspension, termination, withdrawal, or failure of firnding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachment(s) to this
contract. If funds become unavailable, provisions of the Termination Article will apply.

Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract,
RECENING AGENCY agrees to hold PERFORMING AGENCY and/or federal government harmless and to indemnify
them from and against any and all claims, demands, and causes of action of every kind and character which may be
asserted by any third party occurring in any way incident to, arising out of, or in connection with the performance of
services by RECENING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph IB of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECENING AGENCY PERFORMING AGENCY
(Name)
By:
(Name)
(Title)
Date:
Recommended by:
(Name and Title)
APPROVED AS TO FORM:
By:
Linda Farrow, Chief
Bureau of Financial Services
Date:
VID 1l: 35015015015000
By:
APPROVED AS TO FORM:
By:
Office of General Counsel
(Name and Title)
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FUfIIVISti UNtJ uKiGINAL AND FIVE COPIES OF T`riiS i'cr.i~ur.S i ri,ivv vuCUNIENTS
TO BE REVIEWED BY THE COURT.
MApE gy Patricia Dye OFFICE: County Clerk
IV~IEETING DATE: Sept. 8, 1997
SUBJECT: (PLEASE BE SPECIFIC)
implementing New Remote Bir
_~~ ~~___i_. ~~ _~l, t .-. OFF:.. .. _.t
TIME PREFERRED:
Consideration and approval of contract
Acc~,ss S ste wi
~'
J L.
Texas Department of Health
~,~~.,_
E?~CUTIVE SESSION REQUESTED (PLEASE STATE REASON}
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Patricia Dye
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous'Nlond~y.

All A<,enda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court
10 minutes
Order No. 2~i181 ting
t ~mplemen
Approval ogi ontp,~pess f stelt~
New Remot Department Kea
as
a d Kerr County
$eptember 8. 1991
Vol V page Page 311