ORDER NO. 25698
APPROVAL OF TDH GRANT CONTRACTS
FOR AED EQUIPMENT FOR FIRST RESPONDERS
AND AUTHORIZE COUNTY JUDGE TO SIGN SAME
DECEMBER 28, 1998
u i i ~. ~
ORDER NO, W5F~98
AP'P'ROVAL OF TDH GRANT CONTRACTS
FOR AED EG?tJIF'MEN'T FOR FIRST RESPONDERS
AND AUTHORIZE COUNTY JUDGE TO SIGN SAME
On this the OOth day of December 199f3, ~.ipan motion made by
Commissioner Lets, seconded by Commissioner t_ackey, the Ca~_irt
unanimously approved by a vote of ~-~-0, the TDH grant
contracts for AED ec{uipment far First Responder^s and a~_~tharize
the Co~_inty J~_idge to sign same.
~.
a~ ~ a. U. 176
COMMISSIONERS' COURT AGENDA REQUEST
~ PLEASE F[JRNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT,
MADE BY: - ~_ OFFICE: P V1 l - ~/nS
MEETING DATE: ~ C- ,L~~9r~ TIl~IE PREFERRED: '

S,QUBJECT:..(yPLEASE BE SPECIFIC) /~
~ C'P,.~ P~J ~p ~ ~ N7 ~ DNJ'~~GTS `7'©'C' .~.~ 1 GN~i TI/RT
M/~rcr~ LNG ~-caN~-s -F©R A~~ ~o~ ,~~~s~ Rfi.s~oN~~~s
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) (~/(/O
NAME OF PERSON ADDRESSING THE COURT: r7 1 I~RRI ~~_F/~~'1~
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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 Monday.

All Agenda 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.


TDH
'1'®tA5 D@AALIABQIi ~ HBALIH
Texas Department of Health
William R Archer III, M.D. http://wrvw.tdh.state.tx.us Patti J. Patterson,M.D., M.P.H.
Commissioner F,xecvtiveDeputyCommissioner
1100 West 49th Street
Austin, Texas 78756-3199
Sl2/458-7111
October 23, 1998
RON A DERRICK
FIRST RESPONDER COORD.
KERRVILLE FIRE DEPARTMENT EMS /KERB COUNTY FIRST RESPONDERS
212 A STREET
KERRVILLE, TX 78028-0000
Deaz MR. DERRICK:
TDH Document: 7460014909 99
I have enclosed two copies of the above referenced contract that have been signed by our agency. Please review the Contract
Attachment(s), sign both copies and return one to this division within 45 days. Changes made to any portion of the contract
document will be viewed as a counter-offer and will require written concurrence by authorized TDH personnel before it is considered
valid.
The General Provisions contain articles that apply to all TDH contracts. If your contract is a renewal of prior fiscal year activities,
or if new Attachments aze being added to a current contract, 1999 General Provisions will apply to all Attachments. Changes have
been made throughout the provisions, so please review them thoroughly. Please reference the document and Attachment numbers
in all future correspondence.
Provisions in this contract require you to submit a final fmancial report, Request for Advance and Reimbursement, Form 270 (TDH
Form GC-10) no later than 45 days following the end of Attachment term. If necessary, a State of Texas Purchase Voucher will
be submitted if all costs have not been recovered or a refund will be made of excess monies if costs incurred were less than the funds
received.
PLEASE NOTE: Contracts must be returned to the attention of Melanie Doyle, Grants Management Division. Contracts
returned to any other addressee may result in a delay in payment. Apre-addressed return envelope is enclosed for your
convenience.
If you have questions, please call the Grants Management Division, Contract Development Section, at 512/458-7470.
Sincerely,
~~~
(~fitt Douglas C. Wilson, Director
~"1 Grants Management Division
DCW:bn
Enclosures
An Equal Employment Opportunity Employer
n11411x 1 1 I~ •a ~~

CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7460014909 99
Contract Issued by: TEXAS DEPARTMENT OF HEALTH BN
(RECEIVING AGENCY) 1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
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: KERRVILLE FIRE DEPARTMENT EMS /KERB COUNTY FIRST RESPONDERS
MAILING ADDRESS: 212 A STREET KERRVILLE TX 78028-0000
(City, State, Zip)
STREET ADDRESS: 212 A STREET KERRVILLE TX 78028-0000
(City, State, Zip)
NAME OF AUTHORIZED
CONTRACTING ENTITY: CITY OF I{ERRVII,I.E
pf dittereat tram PF.RFORMRIG AGENCI~
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State
Comptroller's OfficeJ:
NAME: CITY OF KERRVILLE
ADDRESS: 800 JUNCTION HWY. I{ERRVII.LE TX 78028-0000
(City, State, Zip)
State of Texas Vendor Identification No. (14 digits)	PAYEE AGENCY Fiscal
17460014909003	Year Ending Month: September
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 [hart S1,000,000 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 5196 of all classes of the shares of stack 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, arrd Women. The HUB must be certified by General Services Commission or
arrother entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 -Receiving and Performing Agetrcy Data GENERAL PROVISIONS
COVER PAGE 2 -Details of Attachment(s) ATTACHMENT(S)
COVER PAGE 3 -Authorized Signatures EXHIBITS, IF APPLICABLE
Cover Page I
INM111 , , ,1 •x11
DETAILS OF ATTACHMENTS
Att/	TDH	Term	Financial Assistance	Direct	Total Amount
Amd
No.	Program/
ID	
~8~	
End	
Source of
Funds*	
Amount	Assistance	(TDH Share)
O1	EMSlUPGRADE	09/01!98	08!31!99	State	6,590.00	0.00	6,590.00
TDH Doctunent No.7460014909 99 Totals	$6,590.00	$0.00	$6,590.00
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if apglicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2

EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CITY OF I >~RRVIL.i.F.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME:
KERRVII,LE FIRE DEPARTMENT EMS /
KERR C(aLII`ITY FIRST RESPONDERS
By:
of
to sign contracts)
(Name and Title)
Date: ~~~^
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
RECEMNG AGENCY NAME:
TEXAS DEPARTMENT OF HEALTH
B
(Signatur rson authorized to sign contracts)
Douglas C. Wilson, Director
Grants Management Division
(Name and Title)
Date• L~~
TDH Document No: 7460014909 99
Cover Page 3

. ~' Any alteration to this document constitutes acounter-ofl'er and must be approved in writing by the Tezas Department of Hesltb.
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS
ARTICLE i. Preamble
PERFORMING AGENCY and RECEIVING AGENCY (the parties) hereby agree to make and enter into this grant
contract (contract), to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms
and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of
Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work,
Special Provisions, budget(s), and exhibit(s) as applicable. This contract represents the complete and entire
understanding and agreement of the parties. No prior agreement or understanding, oral or otherwise, of the parties
or their agents will be valid or enforceable unless embodied in this contract.
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee
that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of
PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,
performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in the Attachment(s) to this document:
ARTICLE 2. Term
The time period of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract
funds is permitted prior to the fast day or subsequent to the last day of the term. The term may be extended or
shortened by amendment(s).
ARTICLE 3. Fu 'n
This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment.
PERFORMING AGENCY will have no right of action against the State of Texas or RECEIVING AGENCY in the
event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of
sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable,
provisions of the Termination Article will apply.
ARTICLE 4. Amendments
This contract may only be amended if the amendment is in writing and signed by individuals with authority to bind
all parties.
PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the performance of
different or additional services, work, or products except pursuant to an amendment of this contract that is executed
in compliance with this Article. RECEIVING AGENCY may not waive any term, covenant, or condition of this
contract unless by amendment executed in compliance with this Article.
(LGS) 1999 GENERAL PROVISIONS Page 1 4/98
u~ .. i .~ an ~a u
ARTICLE 5. Severability
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 6. ~lpnlicable Laws and Standards
This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state
rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sources, will apply to this contract.
The Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Chapter 783, Vemon's
Texas Codes Annotated (VTCA), and the Uniform Grant Management Standards (UGMS) as amended by revised
federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and
conditions of this contract and are adopted by reference in their entirety. If a conflict arises between the provisions
of this contract and the provisions of UGCMA and UGMS, the provisions of UGCMA and UGMS will prevail
unless expressly stated otherwise.
RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in
"Part III-State Uniform Requirements for Grants and Cooperative Agreement, Subpart C-Post-Award
Requirements, item _.30-Changes" and applicable federal Office of Management and Budget (OMB) circulars.
RECEIVING AGENCY will provide copies of applicable OMB circulars and UGMS to PERFORMING AGENCY
upon request. These documents are incorporated by reference as a condition of this contract.
PERFORMING AGENCY may not use funds granted under this contract to lobby Congress or any agency in
connection with a specific grant or contract (31 USC §1352 and UGMS). If at any time this contract exceeds
$100,000, regardless of funding, the PERFORMING AGENCY shall certify to RECEMNG AGENCY within 90
days of receipt of the executed contract that none of the funds provided by RECEIVING AGENCY have been used
for payment to lobbyists and the names of any and all registered lobbyists with whom PERFORMING AGENCY
has an agreement. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon
request.
ARTICLE 7. Debarment and Suspension
PERFORMING AGENCY certifies by execution of this contract to the following:
- it is not ineligible for participation in federal or state assistance programs under Executive Order
12549, Debarment and Suspension;
- neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency;
- it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a
federal or state agency; and
- it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for
collection of the balance of a debt.
(LGS) 1999 GENERAL PROVISIONS Page 2 4/98
uil I. I .I 11 Idll
Where the PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a
subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549.
ARTICLE 8. Assurances
PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
To the extent such provisions aze applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to
fully comply with the following:
- Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq. (P.L. 88-352), which prohibits
discrimination on the basis of race, color or national origin;
- Title IX of the Education Amendments of 1972, as amended, 20 USC § § 1681-1683, and 1685-1686,
which prohibits discrimination on the basis of sex;
- Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a), which prohibits discrimination on
the basis of disabilities and the Americans with Disabilities Act of 1990, 42 USC § § 12101 et seq.;
- The Age Discrimination Act of 1974, as amended, 42 USC §§6101-6107, which prohibits
discrimination on the basis of age;
- The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
- The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse
or alcoholism;
- Public Health Service Act of 1912, §§523 and 527, 42 USC §290 dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
- Title VIII of the Civil Rights Act of 1968, 42 USC §3601 et seq., as amended, relating to
nondiscrimination in the sale, rental or financing of housing; and,
- The requirements of any other nondiscrimination statute(s).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY agrees that in carrying out
the terms of this contract, it will do so in a manner which will assist RECEIVING AGENCY to comply with such
obligations to the fullest extent of PERFORMING AGENCY's ability.
PERFORMING AGENCY agrees to comply with all or part of the following, as applicable:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the
basis of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC §§1324a et seq. as amended, regazding
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.

(LGS) 1999 GENERAL PROVISIONS Page 3 4/98
AI' I. I it !I. 1.11
C. Pro-Children Act of 1994, 20 USC §§6081-6084, regazding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D. The National Reseazch Service Award Act of 1971, as amended, 42 USC §§288 et seq. and 6601 (P.L.
93-348 and P.L. 103-43) regarding the protection of human subjects involved in research, development,
and related activities supported by any applicable awazd of federal assistance.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, which establish federal
requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 56 Fed.
Reg. 64175 (1991), 29 CFR §1910.1030, which set safety standards for those workers and facilities who
may handle blood borne pathogens.
G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seq. (P.L. 89-544), as amended, pertaining
to the Gaze, handling, and treatment of wane-blooded animals held for research, teaching, or other
activities supported by this award of assistance.
H. Article 9102, Texas Revised Civil Statutes (TRCS), as amended, pertaining to standards which
eliminate azchitectural barriers for persons with disabilities.
I. Health and Safety Code §165.004 (Vernon's Supp. 1998), relating to the promotion of breast-feeding
by providing information that encourages breast-feeding to program pazticipants who aze pregnant
women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY
by calling (512) 406-0744.
J. Environmental standazds pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act
of 1969, 42 USC §§4321-4347 (P.L. 91-90) and Executive Order 11514 "Protection and
Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990.
(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988.
(5) Assurance of project consistency with the approved State Management program developed under
the Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
(6) Conformity of, federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 et seq.
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended, 42 USC §§300f-300j (P.L. 93-523).
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
K. The Hatch Political Activity Act, 5 USC §7321-29, which limits the political activity of employees
whose principal employment activities are funded in whole or in part with federal funds.
L. The Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable,
concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 75th Legislature, 1997, Article IX, §33 "Limitation on
Grants to Units of Local Government" For the purpose of §33, "unit of local government" shall mean
a council of governments, a regional planning commission, or a similaz regional planning agency created
under Chapter 391, Local Govenuent Code; a Local Workforce Development Board; or an MHMR
community center.
N. Texas Government Code, Chapter 573, Vernon's 1994, relating to nepotism.
O. Texas Government Code, Chapter 552, Vernon's 1994, relating to open records and public information.
P. Texas Government Code, Chapter 551, Vemon's 1994, relating to open meetings.
(LGS) 1999 GENERAL PROVISIONS Page 4 4/98
All I< I A I Ili 1 II
Q. Texas Government Code, Chapter 415, and all rules adopted by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code relating
to regulated law enforcement agencies.
PERFORMING AGENCY will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA (Executive Order 11738).
PERFORMING AGENCY wiil comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234). Section 102 (a) requires the purchase of flood insurance in
communities where the insurance is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department
of Housing and Urban Development as an area having special flood hazards.
PERFORMING AGENCY agrees to comply with the requirements of the Texas Workers' Compensation Act,
Labor Code, Chapters 401-406, VTCA, and rules promulgated thereunder found at 28 Texas Administrative Code
(TAC), Chapter 41, et seq., which cover compensation for employees' injuries.
When incorporated into a contract, standard assurances contained in the application package, if any, become terms
or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients shall
maintain an appropriate contract administration system to insure that all terms, conditions, and specifications aze
met.
PERFORMING AGENCY will comply with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive
orders, regulations and policies governing the activity described in Attachment(s), and with the applicable standazd
conditions or assurances prescribed by UGMS in "Part III-State Uniform Requirements for Grants and Cooperative
Agreement, Subpart B -Pre-Award Requirements, _. 14-State Assurances."
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 9. Year-2000 Certification
PERFORMING AGENCY certifies that any supplied or supported hazdwaze, softwaze, fumwaze and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements
will beyeaz-2000-compliant on or before the date such hazdware, software, firmware and systems aze to be
impacted. Year-2000-compliant means that such product operates "accurately" in the manner in which it was
intended as it relates to date related operations when given a "valid date" containing century, yeaz, month, and day.
For purposes of this Article, "accurately" is defined to include the following: 1) calculations using dates must
execute using afour-digit yeaz; 2) functionality-on-line, batch including entry, inquiry, maintenance and updates
must support four-digit year processing; 3) interfaces and reports must support four-digit year processing; 4)
successful translation into yeaz-2000 with the correct system date (e.g., 1/1/2000) without human intervention; 5)
(LGS) 1999 GENERAL PROVISIONS Page 5 4/98

processing with afour-digit yeaz after transition to any beyond the yeaz-2000 without human intervention; 6)
providing correct results in forwazd and backward date calculation spanning century boundaries; 7) a leap yeaz must
be calculated correctly; and 8) processing correct results in forward and backward date calculation spanning century
boundaries must be provided, including the conversion of previous years currently stored as two digits.
"Valid date" contains a two-digitmonth, atwo-digit day and afour-digit yeaz.
PERFORMING AGENCY and its subrecipient(s) as licensee(s) must obtain a warranty from any licensor from
which it obtains software that any software licensed prior to, during, or after calendar yeaz-2000, that includes or
shall include, at no added cost to PERFORMING AGENCY or its subrecipient(s), design and performance so that
PERFORMING AGENCY and its subrecipient(s) shall not experience software abnormally ending and/or invalid
and/or incorrect results from the software in the operation of the business of the PERFORMING AGENCY or its
subrecipient(s) as it pertains to RECEIVING AGENCY. The software design to ensure yeaz-2000 compatibility
shall include date data century recognition, calculations that accommodate same century and multi-century
formulas and date values, and date data interface values that reflect the century. If PERFORMING AGENCY
purchases specific products to perform as a system, then the warranty shall apply to those listed products as a
system. The remedies available to the PERFORMING AGENCY under the warranty shall include repair or
replacement of any supplied product, in addition to and notwithstanding any commercial warranty or warranties.
Nothing in this warranty shall be considered to limit any rights or remedies that PERFORMTNG AGENCY may
otherwise have with respect to defects other than year-2000 performance.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if .the information coming to
PERFORMING AGENCY's product/software from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 10. C'er'tification Regarding License Certificate or Permit
RECEIVING AGENCY may pay PERFORMING AGENCY only for personnel who are duly licensed and/or
qualified to perform required services.
PERFORMING AGENCY certifies that no owner, operator, or administrator of the PERFORMING AGENCY has
had a license, certificate, or permit revoked by any of the Texas state agencies listed below (§ 163 of Article IX of
the General Appropriations Act, 75th Legislature):
• Adjutant General's Department
• Boazd 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 Standazds
• 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 Deparhnent of Criminal Justice
• Texas Department of Human Services
(LGS) 1999 GENERAL PROVISIONS Page 6 4/98
N41 I I J 6. an 11
• 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 Guazd An:nory Boazd
• Texas Polygraph Examiners Board
• Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE 11. Standards for Financial and Programmatic Management
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGMS as detailed in RECEMNG AGENCY's Financial Administrative
Procedures Manual. Those requirements shall include at a minimum:
A. Financial planning, including the development of budgets that adequately reflect all functions and
resources necessary to carry out authorized activities and the adequate determination of costs;
B. Financial management systems including accurate, correct, and complete payroll, accounting, and
financial reporting records; cost source documentation; effective internal and budgetary controls;
determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate
audits and resolution of any findings; and,
C. Billing and collection policies, including a chazge 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.
In addition, PERFORMING AGENCY shall bill third party payers, at no cost to the client, for services provided
under the Attachment(s). These potential payers include, but are not limited to, Medicaid, private insurance carriers,
and other available federal, state, local, and private funds. PERFORMING AGENCY shall become a Medicaid
provider for eligible activities funded in the Attachment(s) and will maximize efforts to obtain payment from
Medicaid and all other available sources.
PERFORMING AGENCY and its governing body shall beaz full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received
from RECEPJING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
ARTICLE 12. Allowable Costs and Audit Requirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles aze
eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative
requirements aze as follows:
(LGS) 1999 GENERAL PROVISIONS Page 7 4/98
u. i..
Applicable Cost Principles* ~ Audit Requirements*
Administrative
Requirements*
n isu
OMB Circulaz A-87, State & I OMB Circular A-133 I UGMS
Local Governments
• OMB Circulars shall be applied with the modifications prescribed by UGMS.
PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for
reimbursement under this contract. PERFORMING AGENCY must incur cost(s) prior to requesting reimbursement
under this contract. No later than 90 days after the end of the applicable Attachment term, RECEIVING AGENCY
must receive vouchers from PERFORMING AGENCY for costs encumbered by the last day of the applicable
Attachment term. Reimbursement requests submitted and postmazked more than 90 days following the end of the
applicable Attachment tens may or may not be reimbursed, at the discretion of RECEIVING AGENCY.
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a fmancial and
compliance audit (Single Audit) if required by OMB Circulaz A-133 and/or UGMS. The audit shall be of
PERFORMING AGENCY'S or the AUTHORIZED CONTRACTING ENTITY'S fiscal year. The audit must be
conducted by an independent certified public accountant and in accordance with applicable OMB Circulars,
Government Auditing Standazds, and UGMS. PERFORMING AGENCY shall procure audit services incompliance
with state procurement procedures, as well as with the provisions of UGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/ AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY'S Internal Audit Division.
ARTICLE 13.Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay
due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the
normal rate of pay for hours worked in excess of normal working hours.
ARTICLE 14. Terms and Conditions of Pam
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements aze contingent on a signed contract and will not
exceed the total of each Attachment(s). The PERFORMING AGENCY is entitled to payment only if the service,
work, and/or product has been satisfactorily performed and authorized in accordance with this contract.
PERFORMING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher (TDH
Form B-13) or any other form designated by RECEMNG AGENCY. PERFORMING AGENCY shall submit
vouchers for reimbursement monthly within 30 days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final close out bill not later than 90 days
following the end of the applicable Attachment term(s). Reimbursement requests submitted and postmazked more
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u .. i a a ~.~
than 90 days following the end of the applicable Attachment term may not be paid, at the discretion of RECEIVING
AGENCY.
PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries
and interest earned on such funds before requesting additional cash payments from RECEIVING AGENCY.
As of September 1,1998, PERFORMING AGENCY is required to be placed on Direct Deposit status in accordance
with Texas Government Code, §403.016(c), VTCA. PERFORMING AGENCY will no longer receive copies of
vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY aze allowable and
reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible
costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within 30 days of notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY. RECEIVING AGENCY may take repayment from funds available under any contract Attachment,
active or expired, with the same funding source in amounts necessary to fulfill PERFORMING AGENCY
repayment obligations.
ARTICLE 15. Advance Payments
PERFORMING AGENCY may request aone-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY must make the request on State of Texas Purchase Voucher,
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY's
Financial Administrative Procedures Manual. RECEIVING AGENCY may approve the advance request for each
Attachment. 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.
RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed an amount equal to the amount
of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance
funds will be expended during the applicable Attachment term so that, after the final monthly billing,
PERFORMING AGENCY will not have advance funds on hand.
If the Attachment is amended to increase or decrease the total amount, RECEIVING AGENCY may make an
upward or downward adjustment to the allowable advance in accordance with the above formula. If PERFORMING
AGENCY is requesting an upward adjustment, PERFORMING AGENCY must submit a written justification and
State of Texas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward,
RECEMNG AGENCY will determine the amount of adjustment to the advance and the method of repayment.
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B.l . I ~. I IB i Il 1 ~ II
ARTICLE 16. P~~r~m Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee for service system and a
schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D, Health
and Safety Code, VTCA; the Texas Boazd of Health rules covering Fees for Clinical Health Services, 25 TAC
§ 1.91; and other applicable laws. No patient may be denied a service due to inability to pay.
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the teen of the Attachment(s) aze considered program income. PERFORMING AGENCY
shall identify and report this income utilizing the forms specified in the Financial-Reports Article of these
provisions.
PERFORMING AGENCY will utilize one of the following methods for applying program income:
1. Additive method -add the program inwme to the funds already committed to the project by both
parties. Program income will be used by the PERFORMING AGENCY to further the program
objectives of the state/federal statute under which the Attachment(s) was/were made, and it shall
be spent on the same project in which it was generated.
2. Deductive method -deduct the program income from the total allowable costs to determine the net
allowable costs.
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 17. Financial Reports
Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regazdless of
whether expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (TDH
Form GC-4a) within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall
submit a final financial report on State of Texas Supplemental Form 269a (TDH Form GC-4a), not later than 90
days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas
Purchase Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies
if costs incurred were less than funds received. PERFORMING AGENCY shall file a State of Texas Purchase
Voucher if all costs have not been recovered. Failure to timely file may result in RECEIVING AGENCY
disallowing payment. PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds
received.
ARTICLE 18. Renorts and_Insnection
PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY
other reports RECEIVING AGENCY determines to be necessary to accomplish the objectives of this contract. If
PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify
RECEIVING AGENCY.
(LGS) 1999 GENERAL PROVISIONS Page 10 4/98

RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal
` government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews
of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its
subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its
subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the
representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere
with the work.
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the
right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of
RECEIVING AGENCY to recover excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY'S records
will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S resolution of findings will
also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's
findings. A RECEMNG AGENCY determination of either an inadequate or inappropriate resolution of the
findings may result in sanctions which will remain in effect until RECEMNG AGENCY determines the
deficiencies are properly remedied.
PERFORMING AGENCY will retain all 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 19. Client Records
Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING
AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care
by the PERFORMING AGENCY.
RECEIVING AGENCY may require the PERFORMING AGENCY, or any subrecipient, to transfer a client or
patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the
confidentiality of the record or the health and welfare of the client or patient.
In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as
authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue
the service or to RECEIVING AGENCY.
At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the
records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may
arise, to the extent authorized by law.
PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer an identifiable client record, including
a patient record, to another entity or person without written consent from the client or patient, or someone
authorized to act on his or her behalf on a form provided by RECEIVING AGENCY or as otherwise authorized
by law, including the Texas Medical Practice Act, Article 4495b, TRCS.
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ARTICLE 20. ~pnfidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents
deemed confidential by law which are maintained in connection with the activities funded under this contract.
PERFORMING AGENCY 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 caze, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S workplace policies based on the model guidelines, and PERFORMING AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §§85.112-114,
VTCA.
ARTICLE 21. Equipment and Supplies
In accordance with Health & Safety Code, § 12.053, VTCA, title to all equipment and supplies purchased from
funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s)
or until the Attachment is terminated.
Equipment is defined as tangible nonexpendable property with an acquisition cost of more than $1,000 and a useful
life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video
recorder/players, microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these
exception items is more than $500, they will still be considered equipment, must be approved for purchase, and are
considered capital assets for inventory purposes. Medical and laboratory equipment in this category is defined as
microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory equipment not included
in these five categories is not considered a capital asset unless the unit value is more than $1,000. Supplies which
may be necessary to carry out the contract include medical supplies, drugs, janitorial supplies, office supplies,
patient educational supplies, software less than $500, plus any equipment with a purchase price including freight
not to exceed $1,000 per item, except those deemed as "equipment "
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any changes to approved equipment purchases meeting the above equipment defmition. To receive
approval to purchase data processing hardware and software or enhancements, 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 yeaz. PERFORMING AGENCY shall
administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full
availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said assets.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies
purchased from funds under this contract reverts to RECEIVING AGENCY, Title may be transfen~ed to any other
party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed
by law, transfer the reversionary interest to such property to the PERFORMING AGENCY.
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A4i I I ~! Id 1:11
ARTICLE 22. Contracts with Subrecil2~gnts
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance
of any subrecipient.
Contracts with subrecipients shall be in writing and must include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• cleazly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable contract Attachment(s)
or cover a tenor within the beginning and ending dates of the applicable contract Attachment(s);
• access to inspect the work and the premises on which any of the work is performed, in accordance
with the 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 contracts with subrecipients containing a categorical budget shall include
audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
Prior to entering into an agreement equaling $25,000 or 25% of an Attachment, whichever is greater,
PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
• all subrecipients are fully aware of the requirements imposed upon them by state/federal statutes
and regulations;
• all subrecipients comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulazs;
• subrecipients complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 23. Contracts for Procnrement
PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontracted activity.
Contracts for procurement shall be in writing and must contain the following provisions:
Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts
other than small purchases.)
(LGS) 1999 GENERAL PROVISIONS Page 13 4/98
Yk 1 1 ii. ~.. .
• Termination for cause and for convenience by the PERFORMING AGENCY including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000.)
• Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction
or repair.)
• Compliance with §§103 and 107 of the Contract Work Hours and Safety Standazds Act (40
USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess
of $2,500 for other contracts which involve the employment of mechanics or laborers.)
• Notice of awarding agency requirements and regulations pertaining to reporting.
• Notice of awazding agency requirements and regulations pertaining to patent rights with respect
to any discovery or invention which arises or is developed in the course of or under such
contract.
• Awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Access by the grantee, the subgrantee, the federal grantor agency, the Comptroller General of
the United States, the State of Texas or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
• Compliance with all applicable standazds, orders, or requirements issued under §306 of the
Clean Air Act (42 USC §1857(h)), §508 of the Clean Water Act (33 USC §1368), Executive
Order 11738, and Environmental Protection Agency regulations {40 CFR Part 15). (Contracts,
subcontracts, and subgrants of amounts in excess of $100,000.)
• Mandatory standards and policies relating to efficiency which are contained in the state energy
plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
ARTICLE 24. ~nvriFte Publications and Patents
Texas Health and Safety Code § 12.020(a), VTCA, authorizes RECEIVING AGENCY to apply for, register, secure,
hold, and protect a patent, copyright, trademazk or other evidence of protection or exclusivity issued in or for
intellectual property. All work performed that results in the production of original books, manuals, films, or other
original material is the exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said
property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work
made for hire" 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 RECENING AGENCY or such work may not be considered
a work made for hire, all rights, title and interest therein aze hereby irrevocably assigned to RECEIVING
AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
copyrights, trademarks, service marks, certification mazks, collective marks, registrations, or such other protection
as maybe appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
shall ensure all rights, titles, and interest in and to the property are secured to RECEIVING AGENCY from
PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY
and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by RECEIVING
AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or expense beyond
those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
(LGS) 1999 GENERAL PROVISIONS Page 14 4198
. N1. 1 1 iN il~ •111
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 awazding 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 subrecipient
purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
support and, if feasible, on any publication reporting the results of or describing agrant-supported activity. An
acknowledgment shall be to the effect that "This publication was made possible by grant number
from (federal awardine aeencv)" or "The project described was supported by grant number from
ffederal awardin¢ aeencvl" and "Its contents aze solely the responsibility of the authors and do not necessarily
represent the official views of the (federal awazdine seencvl."
In the event the terms of a federal grant awazd 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 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 pwchases ownership with grant support.
PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication
should include "® Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the yeaz of publication),
All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies
before or after the initial review.
PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 25. Bondine
PERFORMING AGENCY is required to carry a fidelity bond, inswance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of the
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: 1)
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either
individually or in concert with others, and/or 2) failwe 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 26. Hictnricglly Underutilized Businesses
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC §§ 111.11-
111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
(HUBS) in receiving contract awazds issued by the state to purchase "goods," which are defined as "supplies,
materials, or equipment," services, or public works.
(LGS) 1999 GENERAL PROVISIONS Page 15 4198
. N 1 I I tl 11 ~. I I
If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBS during the performance of its contract Attachment(s) with RECEIVING
AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY.
PERFORMING AGENCY and its subrecipient(s), if any, are encouraged to use minority banks (a bank which is
owned at least 50 percent by minority group members).
ARTICLE 27. n tion
RECEIVING AGENCY may impose sanctions for any breach of contract. PERFORMING AGENCY will be
monitored both for programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion,
impose one or more sanctions for each item of noncompliance and will determine sanctions on acase-by-case basis.
A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless
the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to
both.
RECEIVING AGENCY may:
A. terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING
AGENCY'S authority to obligate previously awarded 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 incur ed by the PERFORMING AGENCY
after termination of an award are not allowable unless expressly authorized by the notice of termination.
Termination does not include: (1) withdrawal of funds awarded on the basis of the grantee's
underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as
of the expiration of a grant; (3) refusal to extend a grant or award additional funds, to make a competing
or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a grant upon
determination that the award was obtained fraudulently, or was otherwise illegal or invalid from
inception;
B. suspend all or part of the contract. Suspension is, depending on the context, either (1) the temporary
withdrawal of the PERFORMING AGENCY'S authority to obligate funds pending corrective action by
the PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the
contract, or (2) an action taken by a suspending official in accordance with agency regulations
implementing Executive Order 12549 to immediately exclude a person from participating in grant
transactions for a period, pending completion of an investigation and such legal or debarment
proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by the
PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the
notice of suspension;
C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for
proper charges or obligations incurred, pending resolution of issues of noncompliance with grant
conditions or indebtedness to the United States or to the State of Texas;
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.ll. I. I .I. !I 1.11
E. permanently withhold cash payments. Permanently withholding of cash payment means that
RECEIVING AGENCY retains funds billed by the PERFORMING AGENCY or its subrecipient(s) for
a) unallowable, undocumented, disputed, inaccurate, improper, or erroneous claims; b) failure to comply
with grant awazd conditions; or c) indebtedness to the United States or to the State of Texas;
F. deny contract renewal or future contract awazds to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
G. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
H. 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;
I. conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would
routinely be accomplished;
J. require the PERFORMING AGENCY to obtain technical or managerial assistance;
K. disallow requests for reimbwsement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
M. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N. demand repayment from the PERFORMING AGENCY;
O. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the awazd, or to provide services
as set out in the contract; and
P. impose other remedies provided by law.
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), stating the nature of the sanction(s),
the reasons for imposing them, the corrective actions which must be taken before they will be removed and the time
allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions
imposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to
RECEIVING AGENCY's program/division that sent the notice, acknowledging receipt of such notice and stating
how the PERFORMING AGENCY will correct the noncompliance or demonstrating that the findings on which
the sanctions are based are either invalid or do not warrant the sanction(s).
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract,
temporazily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
(LGS) 1999 GENERAL PROVISIONS Page 17 4/98
i ; ,., i .a a, i;
contract execution by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating
the reason for the emergency action.
An "emergency" is defined as the following:
• PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on
the public or client health or safety. The direct adverse impact may be programmatic or financial,
impacting health or safety by failing to provide services, providing inadequate services, providing
unnecessary services, or utilizing resources so that the public or clients do not receive the benefits
contemplated by the contract scope of work or performance measures;
• PERFORMING AGENCY fails to achieve a performance measure;
• PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are
not in accordance with applicable federal or state laws and regulations or the provisions of the
contract; or
• PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined by RECEMNG
AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 28. $anction Review
The PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of
all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and
denial of contract renewal or future contract awards.
PERFORMING AGENCY must make the request for review in writing to RECEMNG AGENCY within fifteen
(15) days from the date of notification by providing written notice of the dispute to the person who signed the
notification.
PERFORMING AGENCY's notice shall contain the following: (i) a copy of the letter from RECEIVING AGENCY
notifying PERFORMING AGENCY of the sanction; (ii) a specific description of each act that is the basis for the
dispute; (iii) the grounds upon which PERFORMING AGENCY bases the complaint; (iv) an identification of the
issue or issues to be resolved; (v) a precise statement of the relevant facts; (vi) any documentation in support of
PERFORMING AGENCY's position; and (vii) a statement and authorities in support of PERFORMING
AGENCY'S position.
Evidence that PERFORMING AGENCY properly notified the RECEIVING AGENCY consists of any of the
following documents: (i) signature on delivery cazd; (ii) confirmation of a facsimile to correct telephone number;
or (iii) signed acknowledgment of delivery.
RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the
issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the
dispute is not resolved, RECEIVING AGENCY's representative will notify the PERFORMING AGENCY in
writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or
require additional information and who may grant, deny, or modify all relief requested in the written notice of
dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision
and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable
(LGS) 1999 GENERAL PROVISIONS Page 18 4/98

means. The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of
• further proceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article
unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article
to give effect to both.
ARTICLE 29. Termination
Each Attachment shall terminate upon the expiration date of the Attachment unless extended by written amendment
in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract
may be terminated with or without cause as set out below.
A. Termination without cause.
(1) Either party may terminate this contract with at least 90 days prior written notice to the other
Party
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least 30 days prior written notice to the other party
in the event state and/or federal funding for this contract is terminated, limited, suspended, or
withdrawn.
(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of
RECEIVING AGENCY, termination is in the best interest of the State of Texas.
B. Termination for cause.
(1) Either party may terminate for material breach of contract with at least 30 days written notice to
the other party.
(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or
for risky conduct by giving at least 30 days written notice to PERFORMING AGENCY. "Risky
conduct" may include one or more of the following:
(a) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to
adhere to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the performance of the contract;
(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
(LGS) 1999 GENERAL PROVISIONS Page 19 4/98
. N1. 1.. 4 i1 11. Yx 11
(d) RECEIVING AGENCY determines that the PERFORMING AGENCY is without the
personnel or resources to perform under the contract;
(e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
(f) PERFORMING AGENCY'S management system does not meet the UGMS management
standazds; or
(g) PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
(iv) If judgment for the payment of money in excess of $50,000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge
the judgment or (b) provide for its dischazge in accordance with its terms, or (c)
procure a stay of execution within 30 days from the date of entry thereof, and
within the 30-day period or a longer period during which execution of the
judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore
as may be required under general accepted accounting principles.
C. Emergency termination. RECEIVING AGENCY may terminate the contract immediately upon notice
to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is defined in the
Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice
of its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will
try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be
discharged from any further obligation created under the applicable terms of this contract except for the equitable
settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not,
however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the
PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract.
ARTICLE 30. Breach of Contract
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
(LGS) 1999 GENERAL PROVISIONS Page 20 4/98

ARTICLE 31. Void Contract
RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 32. Focal Health Densrtmeot Personnel
All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING
AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY will have in place legally sufficient due process hearing procedures for all of its
employees filling state budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state budgeted personnel fended by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state budgeted employees will be in accordance with
the due process hearing procedures as set out above. The only distinction between state budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and are subject to certain duties,
obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the
State Appropriations Act, is that no employee paid on a state budgeted position may receive a salary supplement
from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition
includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or
per diem allowance to these employees must be on a reimbursement basis, supported by appropriate records, and
may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current
state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this
contract or from any other source.
PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting
individuals into state budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and travel costs on state budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state budgeted positions.
An independent audit is not required as a condition of this contract if the Attachment provides assistance through
assignment of state budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to
fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state
budgeted position becomes vacant. Reimbursement will not exceed the balance bf funds on the state budgeted
position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY's Director, or
other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY
will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the
request is granted.
(LGS) 1999 GENERAL PROVISIONS Page 21 4/98
Ml i 1... ~ iii i .,~, ....
DOCUMENT NO. 7460014909-99
ATTACHMENT NO. Ol
PERFORMING AGENCY: KERRVILLE FIRE DEPARTMENT EMS / KERR COUNTY
FIRST RESPONDERS
RECEMNG AGENCY PROGRAM: EMERGENCY MEDICAL SERVICES DIVISION
TERM: September Ol , 1998 THRU: August 31, 1999
SECTION I. SCOPE OF WORK:
The RECEIVING AGENCY will provide both funding and technical assistance to PERFORMING
AGENCY to enhance the availability and/or quality of emergency prehospital health care.
PERFORMING AGENCY shall conduct EMS program activities to develop, upgrade, or expand
emergency medical services systems.
All activities shall be performed in accordance with RECEIVING AGENCY'S Request for
Proposal (RFP) issued March 20, 1998 and PERFORMING AGENCY'S application plan as
agreed to and approved by RECEIVING AGENCY. These documents are hereby adopted by
reference as part of this Attachment.
PERFORMING AGENCY shall comply with Chapter 773, Health and Safety Code.
SECTION II. SPECIAL PROVISIONS:
For the purposes of this Attachment, and as specified in the RFP, PERSONNEL, FRINGE
BENEFITS, AND INDIItECT COSTS ARE NOT ALLOWABLE.
If the total costs of the project are greater than the RECEIVING AGENCY share set out in
SECTION III. BUDGET, PERFORMING AGENCY shall obtain funds for the remaining costs
in order to accomplish project activities agreed upon herein.
RECEIVING AGENCY may withhold or deny payment in accordance with the General Provisions
if project requirements are not accomplished or sufficiently documented.
General Provisions, STANDARDS FOR FINANCIAL & PROGRAMMATIC MANAGEMENT
Article, item C and second paragraph, do not apply to this Attachment.
General Provisions, BONDING Article, is not applicable to this Attachment.
General Provisions, TERMS AND CONDTTIONS OF PAYMENT Article, is amended to add the
following:
ATTACHMENT -Page 1

PERFORMING AGENCY may also claim reimbursement for approved equipment
item(s) by attaching invoice(s) for the item(s) ordered along with the purchase
voucher (Form B-13), at any time within the Attachment term, but the item(s)
shown on the invoice(s) shall be received and paid for by the PERFORMING
AGENCY no later than 90 days following the end of the Attachment term.
PERFORMING AGENCY shall also forward proof of payment and a copy of the
shipping invoice showing the delivery date of any item(s) that were claimed for
reimbursement by this method.
General Provisions, ADVANCE PAYMENTS Article, is not applicable to this Attachment.
General Provisions, FINANCIAL REPORTS Article, is replaced to read as follows:
A fmal financial report, Request for Advance or Reimbursement, Form 270 (TDH
Form GC-10) shall be submitted not later than 90 days following the end of the
Attachment term. If necessary, a State of Texas Purchase Voucher shall be
submitted if all costs have not been recovered or a refund will be made of excess
monies if costs incurred were less than funds received.
ATTACHMENT -Page 2
u ; i .i
SECTION III. BUDGET:
PERSONNEL	$0,00
FRINGE BENEFITS	p.pp
TRAVEL	0.00
EQUIPMENT *	13,180.00
SUPPLIES	0,00
CONTRACTUAL	p.pp
OTHER	0,00
TOTAL $13,180.00
RECEIVING AGENCY SHARE $6,590.00
PERFORMING AGENCY SHARE $6,590.00
PROGRAM INCOME (CARRYOVER) 0.00
PROGRAM INCOME (PROJECTED) p.pp
OTHER MATCH 6,590.00
Total reimbursements will not exceed $ 6,590.00.
* Equipment list attached.
!J. l II
ATTACHMENT -Page 3
u i .. ~ 1.1. l : 11
PERFORMING AGENCY: KFRRVI . . FI F. DEP RTM NT .M / F R C'O NTY FIR T
RESPONDERS
RECEMNG AGENCY PROGRAM: RMERGENCY MEDICAi RVI DNI IOl`T
TDH DOC. NO: 7460014909 99
ATTACHMENT NO:QL
EQUIPMENT LIST

ITEM	
DESCRIPTION	NO. OF
UNITS	UNIT
COST	
EXTENSION
001	heartstream automatic external defibrillators	4	$3,295.00	$13,180.00
TOTAL	$13,180.00
Items may be brand name, if specified, or equivalent.
Equipment List -Page 1

~ December 10, 1998
This is a contract with the State of Texas for a grant to the First Responders for
equipment. The Court has previously approved the grant application. The Contracts are
with the Court Clerk.