HomeMy WebLinkAboutPR 15386: DEPT OF STATE HEALTH SERVICES - CPS BIOTERRORISM PROGRAMMemorandum
City ojPort Arthur, Texas
Heath Department
TO: Stephen Fitzgibbons, City Manager
FROM: Yoshi D. Alexander, MBA-HCM, Health Director
DATE: July 21, 2009
SUBJECT: Proposed Resolution No. 15386
Approval of a Contract Renewal between the City of Port Arthur and the
Department of State Health Services CPS-Bioterrorism Prepazedness
RECOMMENDATION
It is recommended that the City Council approve Proposed Resolution No. 15386
authorizing the City Manager to approve the FY 2009-2010 Contract between the City of
Port Arthur and the Department of State Health Services CPS-Bioterrorism Preparedness
program.
BACKGROUND
This contact renewal will allow the City of Port Arthur Health Department to perform
and support activities and develop interventions to prevent human illness from chemical,
biological, radiological agents, naturally occurring health threats and other public health
emergencies.
BUDGETARY/FISCAL EFFECT:
This awazd is for $63,697.86 which is a 1% decrease in funding from FY 2009. The
grant period is from August 1, 2009 through July 31, 2010.
STAFFING/EMPLOYEE EFFECT:
This decrease in funding will support one full-time employee through July 31, 2010.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 15386
authorizing the City Manager to approve the FY 2009-2010 Contract between the City of
Port Arthur and the Department of State Health Services CPS-Bioterrorism Preparedness
program.
P. R. NO. 15386
7/21/09-yda
RESOLUTION NO.
A RESOLUTION APPROVING THE FY 2009-2010
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND THE DEPARTMENT OF STATE HEALTH SERVICES
FOR THE CPS-BIOTERRORISM PREPAREDNESS
PROGRAM IN THE AMOUNT OF $63,697.86
WHEREAS, the contract between the City of Port Arthur and the Department of
State Health Services provides financial assistance to the Port Arthur City Health
Department to supplement the delivery of public health services; and,
WHEREAS, the FY 2009-2010 contract will allow the City of Port Arthur to
prepare and respond to bioterrorism, outbreaks of infectious disease, and other public
health threats and emergencies;
WHEREAS, the FY 2009-2010 contract award is $63,697.86 for the period
August 1, 2009 through July 31, 2010.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That, the facts and opinions aze true and correct.
Section 2. That, the City Council of the City of Port Arthur hereby approves
the contract amendment between the City of Port Arthur and the Depaztment of State
Health Services for the Bioterrorism Program.
Section 3. That, the City Council deems it is in the best interest of the City to
approve and authorize the City Manager and the Director of the City's Health
Department to execute the contract between the Department of State Health Services and
P. R. NO. 15386
Page 2
the City of Port Arthur, TX in substantially the same form as attached hereto as Exhibit
:~A„
Section 4. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of July 2009,
A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following Vote:
AYES: Mayor:
Council members:
NOES:
Mayor
ATTEST:
Terri Hanks, City Secretary
APP/ROVED AS TO FORM:
U
Mark Sokolow, it Attorney /~ („f„~ -'1
P. R. NO. 15386
Page 3
APPROVED FOR ADMINISTRATION:
V `~
Stephen Fitzgibbons, City Manager oshi D. Alexander, MBA-HCM
irector of Health Services
EXHIBIT "A"
DEPARTMENT OF STATE HEALTH SERVICES
P
~ ~.
c
This contract, number 2009-031813 (Contract), is entered into by and between the Department of
State Health Services (DSHS or the Department), an agency of the State of Texas, and
PORT ARTHUR CITY HEALTH DEPARTMENT (Contractor), a Government Entity.
(collectively, the Parties).
I. Puraose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $63,697.86, and the payment method(s) shall be as specifed in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 08/01/2009 and ends on 07/31/2010. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2009-031813-001 CPS-BIOTERRORISM PREPAREDNESS
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-I
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Pavee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: PORT ARTHUR CITY HEALTH DEPT
Address: 603 5TH ST
PORT ARTHUR, TX 77640-6540
Vendor Identification Number: 1 746001 885001 1
9. Entire Agreement. The Parties acknow]edge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92648-I
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES
PORT ARTHUR CITY HEALTH
DEPARTMENT
By:
Signature of Authorized Official
Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512)458-7470
Bob. Burnette@dshs.state.tx. us
By:
Signature
Date
Printed Name and Title
Address
City, State, Zip
Telephone Number
E-mail Address for Official Correspondence
92648-1
DOCUMENT NO. 2009-031813-
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000352597
CONTRACTOR: PORT ARTHUR CITY HEALTH DEPARTMENT
DSHS PROGRAM: CPS-BIOTERRORISM PREPAREDNESS
TERM: 08/01/2009 THRU:07/31/2010
SECTION I. STATEMENT OF WORK:
Contractor shall perform activities in support of the Centers for Disease Control and
Prevention (CDC) Budget Period 10 Cooperative Agreement Work Plan for Public
Health Emergency Preparedness (Funding Opportunity AA154) designed to upgrade and
integrate state and local public health jurisdictions' preparedness for and response to
bioterrorism, outbreaks of infectious disease, and other public health threats and
emergencies.
CONTRACTOR shall continue to address the following CDC Public Health Emergency
Preparedness (PHEP) Goals:
• Goal I -Prevent: Increase the use and development of interventions known to
prevent human illness from chemical, biological, radiological agents, and
^aturally occurring health threats.
• Goal 2 -Prevent: Decrease the time needed to classify health events as
terrorism or naturally occurring in partnership with other agencies.
• Goal 3 - Detect/Report: Decrease the time needed to detect and report chemical,
biological, radiological agents in tissue, food, or environmental samples that
cause threats to the public's health.
• Goal 4 - Detect/Report: Improve the timeliness and accuracy of information
regarding threats to the public's health as reported by clinicians and through
electronic early event detection in real time to those who need to know.
• Goal 5 -Investigate: Decrease the time to identify causes, risk factors, and
appropriate interventions for those affected by threats to the public's health.
• Goal 6 -Control: Decrease the time needed to provide countermeasures and
health guidance to those affected by threats to the public's health.
• Goal 7 -Recover: Decrease the time needed to restore health services and
environmental safety to pre-event levels.
• Goal 8 -Recover: Increase the long-term follow-up provided to those affected
by threats to the public's health.
• Goal 9 -Improve: Decrease the time needed to implement recommendations
from after-action reports following threats to the public's health.
ATTACHMENT-Page 1
CONTRACTOR will support the following Department of Slate Health Services (DSHS)
Health and Medical Priority Projects for FFY09:
• Countermeasure Distribution
o Contractor shall document the following evidence-based benchmarks
and objective standards:
• Demonstrate capability to dispense material during a public health
emergency to include:
• Obtain a minimum score of 80 on the Strategic National
Stockpile (SNS) Technical Assistance Report (TAR) by
completing required plans, procedures, memorandums of
agreement for resources needed, and rosters of staff and/or
volunteers for response.
• Conduct at least two (2) Points of Dispensing (POD) drills
and submit corresponding documentation by July 31, 2010.
These drills wil I include staff call down and at least one (I )
of the following: site activation, facility set-up, dispensing,
and/or modeling of throughput.
o Identify priority group members within the jurisdictional population for
pandemic influenza countermeasure distribution.
o If required to participate in the Countermeasure Response Administration
(CRA) 2009 Pandemic Influenza Vaccine Administration Exercise,
provide required documentation regarding 2009 seasonal influenza mass
vaccination clinics.
• Disease Surveillance
o Improve disease surveillance by assisting hospital and reference
laboratories processing of electronic messages to increase the number of
laboratory observations in the National Electronic Disease Surveillance
System (NEDSS)
• Tactical Communications
o Improve local public health capabilities in redundant communication
methods including use of mobile radio communications that are
interactive with local and regional emergency first responders.
o Developing communication caches within Health Service Regions that
can be used at a location that has suffered a significant emergency event.
• All Hazards Planning
o Assist if needed in completing the Medical Special Needs appendix to
Annex H of the State of Texas Emergency Management Plan
• Workforce Training
o Facilitate competency based educational activities.
DSHS encourages partnership and cooperation within and between jurisdictions in the
State of Texas related to preparedness activities. Partnership opportunities may include,
but are not limited to, planning activities, exercises, training and response to events or
emergencies.
ATTACHMENT- Page 2
Contractor shall comply with all applicable federal and state laws, rules, and regulations
including, but not limited to, the following:
• Public Law 107-188, Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;
• Public Law 109-417, Pandemic and All Hazards Preparedness Act of 2006, and
• Chapter 81, Texas Health and Safety Code.
Contractor shall comply with all applicable regulations, standards and guidelines in effect
on the beginning date of this Program Attachment.
This is an interlocal agreement under Chapter 791 of the Government Code.
Through this Program Attachment DSHS and Contractor are furnishing a service related
to homeland security and under the authority of Texas Government Code § 421.062,
neither agency is responsible for any civil liability that may arise from furnishing any
service under this Program Attachment.
The following documents are incorporated by reference and made a part of this Program
Attachment:
• Budget Period 10 funding for continuation of the Public Health Emergency
Preparedness (PREP) Cooperative Agreement guidance (dated September 21,
2007);
• CDCs Local Emergency Preparedness and Response Inventory;
• Project Period Public Health Emergency Preparedness Work Plan for Local Health
Departments (FY2007-FY2010), attached as Exhibit A;
• Contractor's SFY10 Applicant Information and Budget Detail for SFY10 base
cooperative agreement; and
• Preparedness Program Guidances) as provided by DSHS.
Contractor shall coordinate activities and response plans within the jurisdiction, with the
state, regional, and other local jurisdictions, among local agencies, and with hospitals and
major health care entities, jurisdictional Metropolitan Medical Response Systems, and
Councils of Government.
If Contractor agrees to perform public health preparedness services for another county in
exchange for all or a portion of the other county's funding allocation, Contractor shall
submit to DSHS a signed Memorandum of Agreement (MOA) between Contractor and
the other county with the first (Ist) Quarterly report. The MOA shall outline services,
timelines, deliverables and the amount of funds agreed upon by both parties.
Contractor shall notify DSHS in advance of Contractor's plans to participate in or
conduct local exercises, in a format specified by DSHS. Contractor shall participate in
statewide exercises planned by DSHS as needed to assess the capacity of Contractor to
respond to bioterrorism, other outbreaks of infectious disease, and other public health
threats and emergencies. Contractor shall prepare after-action reports, documenting and
ATTACHMENT -Page 3
correcting any identified gaps or weaknesses in preparedness plans identified during
exercises, in a format specified by DSHS.
Contractor shall cooperate with DSHS to coordinate all planning, training and exercises
performed under this Program Attachment with the State of Texas, Governors Division
of Emergency Management of the State of Texas, or other points of contact at the
discretion of the division, to ensure consistency and coordination of requirements at the
local level and eliminate duplication of effort between the various domestic preparedness
funding sources in the state.
Contractor shall participate in the Texas Disease Reporting Program described in Chapter
81, Texas Health and Safety Code by:
• Educating, training and providing technical assistance to local providers and
hospitals on Texas reportable disease requirements;
• Monitoring participation by local providers and hospitals in appropriately
reporting notifiable conditions;
• Conducting disease surveillance and reporting notifiable conditions to the
appropriate DSHS regional office;
• Coordinating with DSHS regional Epidemiology Response Team members to
build an effective statewide system for rapid detection of unusual outbreaks of
illness through notifiable disease and syndromic or other enhanced surveillance;
and
• Reporting immediately all illness resulting from bioterrorism, and chemical and
radiological emergencies or other unusual events and data aberrations as
compared to background surveillance data to DSHS regional office or to DSHS
by calling 512-458-7219, 512-458-7228, 512-789-9033, or 512-826-7638.
Contractor shall coordinate all risk communication activities with DSHS
Communications Unit by using DSHS's core messages posted on DSHS's website, and
submitting copies of draft risk communication materials to DSHS for coordination prior
to dissemination.
In the event of a public health emergency involving a portion of the state, Contractor
shall mobilize and dispatch staff or equipment that were purchased with funds from this
cooperative agreement and that are not performing critical duties in the jurisdiction
served to the affected area of the state upon receipt of a written request from DSHS.
Contractor shall inform DSHS in writing if it shall not continue performance under this
Program Attachment within thirty (30) days of receipt of an amended standard(s) or
guideline(s). DSHS may terminate the Program Attachment immediately or within a
reasonable period of time as determined by DSHS.
Contractor shall develop, implement, and maintain a timekeeping system for accurately
documenting staff time and salary expenditures for all staff funded through this Program
Attachment, including partial FTEs and temporary staff.
ATTACHMENT -Page 4
SECTION II. PERFORMANCE MEASURES:
Contractor shall complete activities and performance measures as outlined in the attached
Exhibit A, Project Period Public Health Emergency Preparedness Work Plan for Local
Health Departments (FY2010).
Contractor shall document the following evidence-based benchmarks and objective
standards:
• Demonstrated capability to notify primary, secondary, and tertiary staff to cover
all incident management functional roles during a complex incident.
• Obtain a minimum score of 80 on the Strategic National Stockpile (SNS)
Technical Assistance Report (TAR).
Contractor shall provide reports as requested by DSHS to satisfy information-sharing
requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and
(c).
Contractor shall provide services in the following county(ies)/area: Jefferson
SECTION III. SOLICITATION DOCUMENT:
N/A
SECTION IV. RENEWALS:
One (1) renewal dependent upon funding availability.
SECTION V. PAYMENT METHOD:
Cost Reimbursement
Funding is further detailed in the attached Categorical Budget and, if applicable,
Equipment List
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13)
and acceptable supporting documentation for reimbursement of the required
services/deliverables. Vouchers and supporting documentation should be mailed or
submitted by fax or electronic mail to the addresses/number below.
Claims Processing Unit, MC 1940
Texas Department of State Health Services
1100 West 49~h Street
PO Box 149347
Austin, TX 78714-9347
ATTACHMENT- Page 5
The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the
Claims Processing Unit is (512) 458-7442. The email address is
invoices~~r~dshsstate tx us•
SECTION VII. BUDGET:
Cost Reimbursement
Funding is further detailed in the attached Categorical Budget and, if applicable,
Equipment List.
SOURCE OF FUNDS: CFDA # 93.069
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Compliance and Reporting Article, is revised to include:
Contractor shall submit quarterly progress reports to DSHS no later than thirty
(30) days after the end of each quarter in a format specified by DSHS. Contractor
shall provide DSHS other reports, including financial reports, and any other
reports that DSHS determines necessary to accomplish the objectives of this
contract and to monitor compliance. If Contractor is legally prohibited from
providing such reports, it shall immediately notify DSHS.
General Provisions, Terms and Conditions of Payment Article, is revised to include:
DSHS will monitor Contractor's billing activity and expenditure reporting on a
quarterly basis. Based on these reviews, DSHS may reallocate funding between
contracts to maximize use of available funding.
General Provisions, Allowable Costs and Audit Requirements Article, is amended to
include the following:
For the purposes of this Program Attachment, funds may not be used for research,
reimbursement of pre-award costs, purchase vehicles of any kind, new
construction, or to purchase incentive items.
General Provisions, General Business Operations of Contractor Article, Overtime
Compensation Section, is not applicable to this Program Attachment.
General Provisions, General Business Operations of Contractor Article, Equipment
Purchases Section, is amended to allow the purchase of equipment at any time during
the entire term of this Program Attachment.
ATTACHMENT -Page 6
2009-031813-001
Categorical Budget:
PERSONNEL $41,192.00
FRINGE BENEFITS $20,863.86
TRAVEL $442.00
EQUIPMENT $0.00
SUPPLIES $0.00
CONTRACTUAL $0.00
OTHER $1,200.00
TOTAL DIRECT CHARGES $63,697.86
INDIRECT CHARGES $0.00
TOTAL $63,697.86
DSHS SHARE $63,697.86
CONTRACTOR SHARE $0.00
OTHER MATCH $0.00
Total reimbursements will not exceed $63,697.86
Financial status reports are due: 11/30/2009, 03/02/2010, 05/31/2010, 09/29/2010
EXHIBIT A
PROJECT PERIOD PUBLIC HEALTH EMERGENCY PREPAREDNESS WORKPLAN
FOR
LOCAL HEALTH DEPARTMENTS
FY2010 (August 2009 through July 2010)
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 1 of 39
DEFINITIONS
All Hazards Response Planning -This refers to the systems used to respond and recover from Chemical, Biological,
Radiological, Nuclear, Explosive (CBRNE) events, as well as natural disasters. In the case of the CDC Cooperative
Agreement, standard operating procedures (SOP) or guidelines (SOG) (formally referred to as "all-hazards plans")
developed by local heath departments (LHD) and DSHS health service regions (HSR) to respond to all public health
emergencies.
ENVIRONMENTAL HEALTH RESPONDER -Included in the definition for Public Health Responder.
FIRST RESPONDER -Personnel who would be critica'I in the first phase of response efforts.
IMPLEMENTATION -includes all steps necessary to complete the tasks; installation, training, and technical assistance.
LONG TERM -The tracking of long-term health consequences to identify trends in physical or mental health resulting
from the exposure to Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) elements during an all-hazards
event. The length of tracking would be dependent upon the type of event.
PUBLIC HEALTH - Public health is the effort to protect, promote, maintain and restore a population's health.
PUBLIC HEALTH EMERGENCY - An immediate threat from a naturally occurring or intentional event 1) that poses a
high risk of fatalities or serious long-term disability to'large numbers of people, and/or 2) where there is substantial risk
of public exposure because of a high level of contagion and the particular means of transmission of the infectious agent.
PUBLIC HEALTH iINFORMATION NETWORK (PHIN) -Proposed to advance a fully capable and interoperable
information system for public health. PHIN is a national initiative to implement amulti-organizational business and
technical architecture for public health information systems which includes web-based and radio based communications
with mrlltiple levels of redundancy.
PUBLIC HEALTH PREPAREDNESS-- Public health preparedness is the capacity of public health jurisdictions to
respond to a public health emergency. The CDC Cooperative Agreement enables public health jurisdictions to upgrade
their preparedness and response capacity.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 2 of 39
PUBLIC HEALTH FIRST RESPONDER (PHFR) -Department of Health (DOH) personnel that are required to deploy in
the wake of a public health emergency. Hospital personnel may be considered PHFRs if their activity is aligned to
support public health response efforts. However, Emergency Medical Service (EMS) Responders are mostly covered
through Department of Homeland Security (DHS).
STANDARD OPERATING GUIDELINES (SOG)/STANDARD OPERATING PROCEDURES (SOP) -Approved
methods for accomplishing a task or set of tasks and are typically prepared at the department or agency level.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 3 of 39
CDC PREPAREDNESS GOAL 1: PREVENT
GOAL: Increase the use and development of interventions known to prevent human illness from chemical,
biological, radiological agents, and naturally occurring health threats.
1A: Target Capability: Planning
MEASURE
1) Public health ,agency has primary.and secondary staff identified for core functional roles delineated in the Incident Command
System (ICS) for,public health.. Jurisdictional Target: For 100°/a of core public health ICS functional rotes, public health
agency has documented contact information for primary and secondary) backup) staff.
REf]UIRED~CRITICAL TASKS ~DEF'INED tN ~CDGGUIDANCE
I 'PERFORMING AGENCY REQUIRED ACTIVITdES
Critical Task (CT) 2: Support incident response operations I CT 2: Review and revise annually as needed the health and medical
according to all-hazards plan that includes identification and ; component of the local emergency management plan and LHD all-
I nnin for o tilations with s ecial needs. '
Pa 9 P P P hazards SOPS and/or SOGs ( lans).
P
CT 2: Work with other entities to develop methods to identify and
identify populations with special needs requirements and revise as
' necessary.
CT 3:.Improve regional, jurisdictional, and state all-hazard ~ CT 3: Work with local government and other health and medical
plans (including those related to pandemic influenza) to ~ agencies and entities to revise and revise annually as needed
support response operations in accordance with National ' jurisdictional all-hazards health and medical plans, SOPS, and SOGs
'Incident Management System (NIMS) and the National ~ (including those related to pandemic influenza and mental health) as
Response Plan (NRP). ! guidance/ requirements are issued from US Dept of Homeland
Security regarding the National:lncident Management System and the '
National Response Plan.
CT 3a: ,Increase participation in jurisdiction-wide self- j CT 3a: Annually participate in the jurisdictional NIMCAST self-
assessment usin the National'Incident Mana ement ' assessment, addressin the health and medical com onent of the
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 4 of 39
System Compliance Assessment Support Tool (NIMCAST).
Assure agency's Emergency Operations Center meets
NIMS incident command structure requirements to perform
core functions: coordination, communications, resource
dispatch and tracking and information collection, analysis
and dissemination.
CT 4: Increase the number of public health responders who
are protected through Personal Protective Equipment (PPE),
vaccination or prophylaxis.
assessment.
CT 3a: Work with local government and other health and medical
entities to review and revise as needed all-hazards health and medical
component of the local emergency management plan and LHD all-
hazards SOPS and/or SOGs (plans) as necessary based upon the
jurisdiction's annual self-assessment.
CT 3a: Maintain a NIMS compliant Incident Command structure for
public health response operations.
CT 3a: Augment primary and secondary staff for core functional roles
in tCS.
CT 3a: Continue to implement SOPS and/or SOGs (plans) and training
that is NIMS compliant.
CT 4: Identify the number of public health responders who will require
PPE, vaccination and/or prophylaxis.
CT 4: Review adequacy of protection and maintain the-level of
protection for the number of public health responders who will require
PPE.
CT 4a: Have or have access to a system that maintains and ~ CT 4a: Implement and continue to track public health responders'
tracks vaccination or prophylaxis status of public health vaccination or prophylaxis.
responders in compliance with PHIN Preparedness
Functional Area Countermeasure and Response
Administration.
CT 5: 'Increase and improve mutual aid agreements, as ~ CT 5: Establish, as needed with appropriate partners, Memorandums
needed, to support NIMS-compliant public health response of Understanding (MOU) and/or Memorandums of Agreement (MOA)/
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 5 of 39
(e.g. local, regional, and EMAC). Mutual Aid Agreement (MAA)s that will support NIMS compliant pub
health responses.
CT 5a: Increase all-hazard incident management capability CT 5a: Identity all staff required to respond to an emergency and
by conducting regional, jurisdictional and state level training schedule training.
for NIMS and the Incident Command System (ICS).
CT 5a: Track staff training completion.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 6 of 39
CDC PREPAREDNESS GOAL 2: PREVENT
GOAL: Decrease the time needed to classify health events as terrorism or naturally occurring in partnership
with nfher ~
Target Capability 2A: Information Gathering and Recognition of Indicators and Warning
Measures:
1) Percent of HRSA participating hospitals that transmit clinical and/or hospital utilization data in near real-time to a PHIN-compliant
early-event~detection information system. Jurisdictional Target: 90% of HRSA awardee hospitals
2) Time to have a knowledgeable public health professional respond 24/7 to a call about an event that may be of urgent public
'health consequence.. Jurisdictional Target -Mean = 15 minutes
3J Time to initiate an epidemiologic investigation Hof an event that may be of urgent public health consequence. Jurisdictional
Target -mean =1 :hour from :notification of.an event that .may be of urgent public hea'Ith aonsequence.
4) Percent•of'P.illsed Field ~Ge'I Electrop'horesis,(PFGE) sia'b;typing data results submitted to ahe PulseNet national database within
96'hours'of receiving isolate at the la'bocatory. .Jurisdictional Target - 90% of PFGE sub-riyping data results are submitted to
iP•ulseNet within 96lhourrs.
i
:CRITICAL TASKS DEFINED'IN •GDC GWIDANCE I ~
:PERFORMING AGENCY:REQUIRED ACTIVITIES
CT 1: dncrease the use of disease surveillance and early I CT 1: Continue to use early event detection systems currently in
event detection systems. ; place.
i
CT 1: Assist in the deployment of early event detection systems in
Health Resource and Services Administration (HRSA) funded
hospitals.
CT 1 b: Develop and maintain systems to receive disease CT 1 b: Implement and continue to deploy Electronic Surveillance
reports 24/7/365. ' System for the Early Notification of Community-based Epidemics
(ESSENCE).
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 7 of 39
CT 1c: Have or have access to electronic applications in
compliance with Public Health Information Network (PHIN)
Preparedness Functional Area Early Event Detection to
support: 1) Receipt of case or suspect case disease reports
24/7/365, 2) Reportable diseases surveillance, 3) Call triage
of urgent reports to knowledgeable public health
professionals, 4) Receipt of secondary use health-related
data and monitoring of aberrations to normal data patterns.
CT 1c: Continue to receive, evaluate and respond to urgent disease
reports on a 24/7/365 basis by maintaining and revising as needed
contact protocols, sharing updates with local, regional, and state
partners, and assuring public access to reporting resources.
CT 1d: Develop and maintain protocols for the utilization of CT 1d: Develop and revise annually the protocols to use early event
early event detection devices located in your community detection systems.
(e.g., BioWatch).
CT 1e: Assess timeliness and completeness of disease
surveillance systems annually.
CT 1e: Develop and implement a quality assurance process based on
standardized guidelines to assess annually the timeliness and
completeness of disease surveillance systems.
CT 2: Increase sharing of health and intelligence
information within and between regions and States with
Federal and-local and tribal agencies.
CT 2a: Improve information sharing on suspected or
confirmed cases of immediately notifiable conditions,
including foodborne illness, among public health
epidemidlogists, clinicians, laboratory personnel,
environment8l health specialists, public health nurses, and
staff of food safety programs.
CT 2: Initiate discussions to define NEDSS Base System (NBS) user
roles and implement processes to facilitate data sharing between
department regional staff, as needed.
CT 2: Share surveillance data with local health care providers through
newsletters, meetings, conferences, etc.
CT 2a: Maintain and/or increase the ways information is shared and
the number of persons receiving issued surveillance data.
Health Preparedness Workplan
CT 3: Decrease the time needed to disseminate timely and CT 3: Continue to use Health Alert Network (HAN)/Public Health
accurate national strategic and health threat intelligence. Information Network (PHIN) and other means to disseminate timely
and accurate national strategic and health threat intelligence.
CT 3a: Maintain continuous participation in CDC's Epidemic I CT 3a: Participate in Epi-X by having at least one staff registered.
Information Exchange Program (Epi-X).
CT 3b: Participate in the Electronic Foodborne Outbreak CT 3b: Submit the EFORS form to DSHS for foodborne outbreak
Reporting System (EFORS) by entering reports of foodborne investigations by local health departments per written guidance.
outbreak investigations and monitor the quality and
completeness or reports and time from onset of illnesses to
report entry.
CT 3c: Perform real-time subtyping of PulseNet tracked
foodborne disease agents. Submit the subtyping data and
associated critical information (isolate identification, source
of isolate, phenotype characteristics of the isolate, serotype
etc) electronically to the national PulseNet database within
72 to 96 hours of receiving the isolate in the'laboratory.
CT 3c: Continue to participate in PulseNet activities supporting the
tracking of foodborne disease causing bacteria.
CT 3c: Increase capabilities to upload data to PulseNet database for
Listeria monocytogenes and E.coli 0157:H7.
CT 3d: Have or have access to a system for 24/7/365 ', CT 3d: Test and revise as necessary current notification procedures
notification/alerting of the public health emergency response ` to achieve 90% notification of key stakeholders.
system that can reach at'least 90% of key stakeholders and '
is compliant with PHIN Preparedness Functional Area
Partner Communications and Alerting.
Public Health Preparedness Workplan
For Local Public Heallh Preparedness Workplan -Page 9 of 39
CDC PREPAREDNESS GOAL 3: DETECTIREPORT
Goal: Decrease the time needed to detect and report chemical, biological, radiological agents in tissue, food,
or environmental samples that cause threats to the public's health.
TARGET CAPABILITY 3A: Public Health Laboratory Testing
MEASURES:
1) Percent of tested category A and $ agents in specimens/samples for which the LRN reference lab(s) passes proficiency
testing. Jurisdictional Target: Reference Tabs has a passing rating for 100°I° of tested based on LRN-sponsored
proficiency tests in which tab participated
2) Percent •of:tested chemical agents in specimens/samples for which Level 1 .and 2 LRN chemical lab(s) .passes proficiency
testing. Jurisdictional Target -Level 1 and/or Leve12 chemical tabs has a passing rating for 100%° of tested chemical
agents !based on LRN-sponsored ,proficiency tests in which 'lab participated
3`) Timme from shiprment:ofclinica'I specimensdo:receipt-at a L'RN reference laboratory. Jurisdictional Target -Mean = 6'hours
4) Time.from preswmptive identification to confirmatory identification of select agents'by LRN reference gab. Jurisdictional
Target -Targets from ;presumptive to confirmatory identification: Bacillus anthraces: <4 days; Francisella tularensis: '
< 7~days:; Yecsinia ipestis: «-days
5,) Time to shave a knoWledgeab'le LRN reference aaboratorian answer a call during non=business hours. Jurisdictional Target:
Mean = 1'5~minutes
CRITICAL TASKS iDEFINEDiIN'_GDC [GUIDANCE I :PERFORMING AGENCY:REI]111RED ACTIVITIES
CT 1a: Develop and maintain a database of all sentinel CT 1a: Adapt DSHS protocols for local use.
' (biological)/Level Three (chemical)'labs in the jurisdiction
using the CDC-endorsed definition that includes: (Name, i
contact information, BioSafety Level, whether they area
health alert network partner, certification status, capability to
rule-out Category A and B bioterrorism agents per State-
developed proficiency testing or CAP bioterrorism module
proficiency testing and names and contact information for in-;
state and out-of-state reference labs used by each of the
jurisdiction's sentinel/Level Three labs).
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For Local Public Health Preparedness Workplan -Page 10 of 39
CT 1 b: Test the competency of a chemical terrorism
laboratory coordinator and bioterrorism laboratory
coordinator to advise on proper collection, packaging,
labeling, shipping, and chain of custody of blood, urine and
other clinical specimens.
CT 1b: Continue to update and matntain chain of custody protocols
testing the competency of the chemical terrorism laboratory
coordinator and bioterrorism laboratory coordinator.
CT 1c: Test the ability of sentinel/Level Three labs to send CT 1c: Test the accurate and timely submission of diagnostic or
specimens to a confirmatory Laboratory Response Network infectious agent's submissions during a simulated or natural event.
(LRN) laboratory on nights, weekends, and holidays.
CT 1d: Package,'label, ship, and coordinate routing and CT 1d: Develop and review annually protocols for chain-of-custody.
maintain chain-of-custody of clinical, environmental, and
food specimens/samp'les to laboratories that can test for CT 1d: Maintain chain-of-custody documentation.
agents used in biological and chemical terrorism.
CT 1d: Provide technical assistance to responders, law enforcement
and Sentinel/Level 3 laboratories on maintaining chain-of-custody.
CT 1d: Develop and review annually protocols for specimen
collection, packaging, labeling, and shipping.
CT 1e: Continue to develop or enhance operational plans
and protocdls that include: * specimen/samples transport
and handling, *worker safety, *appropriate Biosafety Level
(BSL) working conditions for each threat agent, *staffing and
training of personnel, *quality contrdl and assurance,
*adherence to laboratory methods and protocols,
*proficiency testing to include routine practicing of
Laboratory Response Network (LRN) validated assays as
CT 1d: Provide technical assistance to responders, law enforcement
and Sentinel/Level 3 laboratories on specimen collection, packaging,
labeling, and shipping.
CT 1e: Continue to develop laboratory-specific all-hazards operational'
SOP/SOGs to reduce response times to threat agents (biological,
chemical, and radiological).
CT 1e: Assess training needs and implement training as necessary.
Public Health Preparedness Workplan
For Local Public Health Preparedness
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wen as participation in the LRN's proficiency testing program
electronically through the LRN website, *threat assessment
in collaboration with -ocal law enforcement and Federal
Bureau of Investigations (FBI) to include screening for
radiological, explosive and chemical risk of specimens,
`intake and testing prioritization, *secure storage of critical
agents, `appropriate levels of supplies and equipment
needed to respond to bioterrorism events with a strong
emphasis on surge capacities needed to effectively respond
to a bioterrorism incident.
CT 1 f: Ensure the availability of at'least one operational
Biosafety Level Three (BSL-3) facility in your jurisdiction for
testing for biologica'I agents. If not immediately possible,
BSL-3 practices, as outlined in the CDC-NIH publication
Biosafety in Microbiological and Biomedical Laboratories,
4th Edition" (BMBL), should be used (see
www.cdc.gov/od/ohs) or formal arrangements (i.e.,
Memorandum of Understanding (MOU) should be
established with a neighboring jurisdiction to provide this
capacity.
Public Health Preparedness Workplan
For Local Public Health Preparedness
CT 1f: Review and revise annually the written protocol coordinating
specimen submission for laboratory analysis in response to an
emergency situation or in support of an epidemiological investigation.
CT 1f: AdapUreview and revise annually written protocol for local use.
Workplan - Page ~ 2 of 39
CDC PREPAREDNESS GOAL 4: Detect/Report
Goal: Improve the timeliness and accuracy of information regarding threats to the aublic's health
TARGET CAPABILITY 4A: Health Intelligence Integration and Analysis
MEASURES:
1) Time LRN reference lab generates confirmatory result for an agent of urgent public health consequence to notification of
a ro riate officials. Jurisdictional Tar et: Mean = 2 hours
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Increase source and scope of health information. CT 1: Continue to use early event detection systems currently in
place.
CT 1: Assist in the deployment of early event detection systems in
HRSA funded hospitals.
CT 1: Continue to deploy ESSENCE.
CT 1: Provide education/updates to providers on the importance on
disease reporting.
CT 2: 'Increase speed of evaluating, integrating, analyzing '; i
CT 2: Develop and revise annually protocols to evaluate and respond
and interpreting health data to detect aberrations in normal i to aberrations.
data patterns. i
CT 2: Attend NBS reports training.
CT 3:.Improve integration of existing health information CT 3: Continue to increase the number of medical facilities
systems, analysis, and distribution of information consistent contributing to early event detection.
with PHIN Preparedness Functional Area Early Event
Detection.
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CT 4: Improve effectiveness of health intelligence and CT 4: Use NBS and PHIN standards to report Texas
surveillance activities. notifiable conditions.
CT 4: Continue to receive, evaluate and respond to urgent disease
reports on a 24/7/365 basis to improve reporting by maintain and
revising as needed contact protocols, sharing updates with local,
regional, and state partners, and assuring public access to reporting
resources.
CT 4: Maintain or have access to a professional epidemiologist to
conduct investigations.
CT 4: Provide education/updates to stakeholders in epidemiological
investigations and surveillance.
CT 5: Improve reporting of suspicious symptoms, illnesses CT 5: Provide education/updates to providers on the importance on
or circumstances to the public health agency. disease reporting to improve reporting.
CT 5: Support clinical providers in the direct data entry into NBS.
CT 5a: Maintain a system for 24/7/365 reporting cases, CT Sa: Continue to receive, evaluate and respond to urgent disease
suspect cases, or unusual events consistent with PHIN reports on a 24/7/365 basis.
Preparedness Functional Area Early Event Detection.
Public Health Preparedness Workplan
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CDC PREPAREDNESS GOAL 5: INVESTIGATE
Goal: Decrease the time to identify causes, risk factors, and appropriate interventions for those
affected by threats to the public's health
TARGET CAPABILITY 5A: Epidemiological Surveillance and Investigation
PERFORMANCE MEASURES:
1) Time for state public health agency to notify local public health agency, or local to ,notify state, following receipt of a call about an
event that may be of urgent public health consequence. Jurisdictional Target: Mean = 60 minutes from notification of an
event that ma be of u nt ubiic health cons uence
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1:.Increase the use of efficient surveillance and CT 1: Continue to use early event detection systems currently in
information systems to facilitate early detection and place.
mitigation of disease.
CT 1: Assist in the deployment of early event detection systems in
HRSA funded hospitals.
I CT 1: Continue to deploy ESSENCE to improve reporting.
i
CT 2: Conduct epidemidlogical investigations and surveys
CT 2: Use NBS and PHIN standards to report Texas mandated
as surveillance reports warrant. ~ notifiable conditions.
CT 2: Continue to receive, evaluate and respond to urgent disease
! reports on a 24/7/365 basis.
CT 2: Share promptly with staff at other health departments (DSHS
! Austin, HSR, and LHD) when informed of an event of urgent public
health consequence.
CT 2: Ma ntain or have access to a professional epidemiologist to
conduct investi ations.
Public Health Preparedness Workplan
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CT 2: Provide education/updates to stakeholders in epidemiolog
investigations and surveillance.
CT 3: Coordinate and direct public health surveillance and CT 3: Continue to coordinate case investigations, laboratory testing,
testing, immunizations, prophylaxis, isolation or quarantine and implementation of control measures.
for biological, chemical, nuclear, radiological, agricultural,
and food threats. CT 3: Develop, review and revise processes and protocols to
manage and monitor surveillance data in NBS.
CT 3: Initiate discussions to define NBS user roles and implement
processes to facilitate data sharing between department regional
staff, as needed.
CT 3: Attend NBS reports training.
CT 4: Have or have access to a system for an outbreak CT 4: Enter data from outbreak investigations in the Outbreak
management system that captures data related to cases, Management System (OMS) or equivalent system that integrates
contacts, investigation, exposures, relationships and other with OMS.
relevant parameters compliant with PHIN preparedness
functional area Outbreak Management.
Public Health Preparedness Workplan
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CDC PREPAREDNESS GOAL 6: CONTROL
Goal: Decrease the time needed to provide countermeasures and health guidance to those affected
by threats to the mrhlic's health
- ------ - ---------
TARGET CAPABILITY 6A: Communications
MEASURES:
9) Time to distribute a health alert to key response partners of an event that maybe of urgent public health consequence.
Jurisdictional Target: Mean = 6 hours from the time a decision is made to notify partners
2) Percent of clinicians and pub'lic'hea th response plan partners that receive public health emergency communication messages.
Jurisdictionat Target: 7l7% of clinicians and public health partners receive messages within the specified time.
3) Percent of key;pu'blic hea'Ith mesponse;partners who are notified/a'lerted via radio or satellite phone when electric grid power,
te'lep'hones, cellwlanservice and Internet services,are unavailable. Jurisdictional Target: 75% of response partners
acknowledge message within 5:minutes of communication being sent
4) Time to,motify/ale:rt all;primarystafff(secondary.ortertiary staff as needed) with pub'lic:hea'Ith agency ICS fwnctional responsibilities
that the pub'lic'hea'Ith agencys E'OC is being activated. Jurisdictional Target: Mean = 60 minutes
'S') Time fonprimary staff~(secondary~or tertiary staff as needed)+with:pub'lic health aagency ICS functional responsibilities to report fior
~duty+at!pub'Iic heaRh:a.gency`s Emergency~Operation ~eriter;(EOC). Jurisdictional Target: Mean = Y A/2?hoars from time that
ublic;health•dicec'tor,or~tlesi hated,official:received,notification that the! wblic health a enc 's EOC will'be activated.
i
CRITICAL TASKS!DEFINEDIIN~CDC~GUIDANCE ~
'PERFORMING A'GENCY'REQUIREDA'CTI~GITIES
CT 1: Decrease the time needed to communicate internal CT 1: Use the PHIN/HAN web portal and Policies and Procedures for
incident response information. PHIN/HAN alerting.
CT 1a: Develop and maintain a system to collect, manage, ~
~ CT 1a: Use WebEOC through the PHIN/HAN web portal or an;
and coordinate information about the event and response ~ incident and response system interoperable with WebEOC or another;
activities including assignment of tasks, resource allocation, system if city or county emergency management office provides'
status of task performance, and barriers to task completion. ~ access to an incident response system.
Public Health Preparedness Workplan
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CT 4: Ensure communications capability using a redun
system that does not rely on the same communications
infrastructure as the primary system.
CT 5: Increase the number of public health experts to
support Incident Command (IC) or Unified Command (UC)
CT 4: Continue to maintain and update the PHIN/HAN system
communications modalities.
CT 5: Continue to train to increase number of ICS trained staff able
to respond to emergency activation of public health EOC.
CT 6: Increase the use of too'Is to provide telecommunication CT 6: Continue to use, maintain and update the PHIN/HAN system
and information technology to support public health response. for all communications modalities.
CT 6a: Ensure that the public health agency's public CT 6a: Further develop and implement the agencies public
information.line can simultaneously handle calls from at'least information dine process within the local Crisis and Emergency Risk
1 % of the jurisdiction's households (e.g. play a recorded Communication (CERC) plan. Local health departments should
message to callers, transfer callers to a voice mail box or evaluate inbound call capability to accommodate 1% of local
answering service). jurisdiction.
CT 7: Have or have access to a system for 24/7!365 CT 7: Continue to use nd maintain PHIN/HAN portal system
notification/alerting of the public health emergency response according to PHIN/HAN policies and procedures to enhance and
system that can reach at'least 90% of key stakeholders and improve response times.
is compliant with PHIN Preparedness Functional Area
Partner Communications and Alerting.
Public Health Preparedness Workplan
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TARGET CAPABILITY 6B: Emergency Public Information and Warning
MEASURE:
1 Time to issue critical health messa a to the ublic about an event that ma be of ur ent ublic health copse uence
CRITICAL TASKS DEFINED IN CDC GUIDANCE CONTRACTOR REQUIRED ACTIVITIES
CT 1: Decrease time needed to provide specific incident CT 1: Revise and expand local Crisis and Emergency Risk
information to the affected public, including populations with Communication (CERC) Guidelines to address the standard NIMS
specia'I needs such as non-English speaking persons, ICS structure, agency media policy and public information
migrant workers, as well as those with disabilities, medical dissemination, translations (multiple languages), disaster mental
conditions, or other special health care needs, requiring health, work with special populations, agency Web site, and work with '
attention. partners and stakeholders.
CT 1a: Advise public to be alert for clinical symptoms CT 1a: Develop and/or revise pre-approved messages to include fact
consistent with attack agent. sheets, question-and-answer sheets, templates and key messages.
CT 1a: Use pre-approved messages to address public health threats
and emergencies.
i
CT 1a: Develop and use messages specific to the local community
as needed.
CT 1b: Disseminate health and safety information to the CT 1b: Develop and/or revise pre-approved messages to include fact
public. sheets, question-and-answer sheets, templates and key messages.
CT 1b: Use pre-approved messages to address public health threats
and emergencies.
CT 1b: Develop and use messages specific to the local community
as needed.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 19 of 39
CT 1c: Ensure that the Agency's public information line can
simultaneously handle calls from at least 1 % of the
jurisdiction's population.
CT 2: Improve the coordination, management and
dissemination of public information.
CT 1c: Update annually plan to have access and use public
information line(s).
CT 2: Develop and/or revise pre-approved messages to include fact
sheets, question-and-answer sheets, templates and key messages.
CT 2: Use pre-approved messages to address public health threats
and emergencies.
CT 2: Develop and use messages specific to the local community as
needed.
CT 3: Decrease the time and increase the coordination CT 3: Revise and expand local Crisis and Emergency Risk
between responders in issuing messages to those that are Communication (CERC) Guidelines to address messages to those
experiencing psychosocial consequences to an event. that are experiencing psychosocial consequences to an event.
CT 4: Increase the frequency of emergency media
briefings in conjunction with response partners via the
jurisdiction's Joint'Jnformation Center (JIC), if applicable.
CT 4: ,Include in the Crisis and Emergency Risk Communication Plan
a process to address JIC participation.
CT 5: Decrease time needed to issue public warnings,
instructions, and information updates in conjunction with
response partners.
CT 6: Decrease time needed to disseminate domestic and
international travel advisories.
CT 5: Develop and/or revise pre-approved messages to include fact
sheets, question-and-answer sheets, templates and key messages.
CT 6: Disseminate via the PHIN/HAN messages domestic and
international travel advisories received from the CDC and/or DSHS.
Public Health Preparedness Workplan
For Local Public Health Preparedness
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CT 7: Decrease the time needed to provide accurate and
relevant public health and medical information to clinicians
and other responders.
CT 7: Distribute via PHIN/HAN procedure accurate and rele
public health and medical information to clinicians and other
responders.
Public Health Preparedness Workplan
For Local Public Health Preparedness
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TARGET CAPABILTIY 6C: Responder Safety and Health
MEASURE:
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Increase the availability of worker crisis counseling CT 1: Establish and maintain an agreement (MOU/MOA/MAA) with
and mental health and substance abuse behavioral health local Community Mental hea'Ith Center(s) or other community-based
support. organization(s) to provide worker crises counseling as needed.
CT 1: Identify appropriate staff member(s) and obtain Critical Incident
Stress Management (CISM) training if community mental health
services as not available.
CT 1: Track staff training completion.
CT 2: Increase compliance with public health personnel CT 2: Review and update annually as needed LHD SOP/SOGs to.~
health and safety requirements. ~ include worker personnel health and safety requirements.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 22 of 39
CT 2a: Provide Personal Protection Equipment (PPE) CT 2a: Conduct staff hazard analysis and risk assessment to identify
based upon hazard analysis and risk assessment. their level of occupational risk based on job description.
CT 2a: Consult US Department of Labor Occupational Safety and
Health Organization (OSHA) Website for guidance. OSHA.gov and
search for standards.
1-800-321-OSHA (6742) {Toll Free U.S.}
CT 2a: Purchase and have available appropriate PPE for staff
according to their risk assessment.
CT 2a: Provide access to training on PPE to staff based on OSHA
hazard analysis and risk assessment.
CT 2a: Track staff attendance at required training.
CT 2b: Develop management guidelines and incident health' CT 2b: Use the management guidelines to complete local plans which
and safety plans for public health responders (e.g., heat address worker safety issues.
stress, rest cycles, PPE).
CT 2c: Provide technical advice on worker health and safety it CT 2c: Provide worker safety protocol within the IClUC structure.
forllC and UC.
CT 3: ;Increase the number of public health responders that ;I CT 3: Conduct staff hazard analysis and risk assessment to identify
receive hazardous material training. the level of occupational risk based on job description.
CT 3: Provide access to training on hazardous materials to staff
based on OSHA hazard analysis and risk assessment.
Public Health Preparedness Workplan
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TARGET CAPABILITY 6D: Isolation and Quarantine
MEASURE:
1) Time to issue an isolation or quarantine order. Jurisdictional Target: Mean = 3 hours from the decision that an order is
needed.
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Assure legal authority to isolate and/or quarantine CT I: Maintain or have access to a professional epidemiologist
individuals, groups, facilities, animals and food products. regarding isolation and quarantine..
CT 2: Coordinate quarantine activation and enforcement CT 2: Plan, coordinate, and assist in the activation and enforcement
with public safety and'law enforcement. of isolation and quarantine with public safety and law enforcement.
CT 2: With local law enforcement, conduct functional exercise to
determine time needed to issue an isolation or quarantine order.
CT 3: Improve monitoring of adverse treatment reactions ~ CT 3: Coordinate with CDC the planning of and implementation of
among those who have received medical countermeasures OMS or implement an equivalent system.
and have been isolated or quarantined.
CT 4: Coordinate public health and medical services among ~ CT 4: Assist in the provision of medical services to those who are
those who have been isolated or quarantined. , isolated or quarantined.
CT 5: ':Improve comprehensive stress management ~ CT 5: Assist in the provision of comprehensive stress management
' strategies, programs, and crisis response teams among strategies, programs and crisis response teams.
those who have been isolated or quarantined.
Public Health Preparedness Workplan
For t_ocal Public Health Preparedness Workplan -Page 24 of 39
CT 6: Direct and control public information releases about I CT 6: Implement CERC plan.
those who have been isolated or quarantined.
CT 7: Decrease time needed to disseminate health and CT 7: Develop and/or revise, make available and use pre-approved
safety information to the public regarding risk and protective messages to include fact sheets, question-and-answer sheets,
actions. templates and key messages to address public health threats and
emergencies.
CT 7: Implement CERC Plan.
Public Health Preparedness Workplan
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TARGET CAPABILITY 6E: Mass Prophylaxis
MEASURE:
1j Adequacy of state and local plans to receive and dispense medical countermeasures as demonstrated through assessment by
the Strategic National Stockpile(SNS)/Cities Readiness Initiative(CRI). Jurisdictional Target: Agency has a passing rating
on f 00% of all elements and functions based on its most recent Strategic national Stockpile/Cities Readiness Initiative
CRl assessment
CRITICAL TASKS DEFINED 1N CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Decrease the time needed to dispense mass CT 1: Continue to develop and augment scalable SNS components of
therapeutics and/or vaccines. the local emergency management plan with supporting infrastructure
to provide oral medications during an event to the entire population
within 48 hours.
CT 1: Develop and maintain SNS standard operating guidelines
(SOG) for every major function in the scaleable SNS components of
the local emergency management plan.
CT 1: Participate in regional and.local process to develop procedures
for use of Chempack materials.
CT 1: Initiate and maintain regular contact with regional and local
stakeholders/partners regarding Chempack.
~I
CT 1: Participate in web-based Chempack training.
Public Health Preparedness Workplan Workplan -Page 26 of 39
For Local Public Health Preparedness
CT 1 a: Implement local, (tribal, where appropriate),
and State prophylaxis protocols and plans.
CT 1b: Achieve and maintain the Strategic National
Stockpile (SNS) preparedness functions described in the
current version of the Strategic National Stockpile guide for
planners.
CT 1c: Ensure that smallpox vaccination can be
administered to all known or suspected contacts of cases
within 3 days and, if indicated, to the entire jurisdiction within
10 days.
CT 1a: Continue to develop and augment scalable SNS
components of the local emergency management plan with
supporting infrastructure.
CT 1 b: Assist in coordinating with local law enforcement for
assessment of each POD site and the development of a
comprehensive security plan.
CT 1 b: Develop and maintain contact list regarding receipt of SNS
materia'I in treatment centers.
CT 1b: ddentify, assess and secure Point of Dispensing (POD)
sites.
CT 1b: Recruit staff/volunteers to carry out all local SNS functions
including POD operations.
Ct 1b: Train staff/volunteers to carry out SNS functions including
POD site functions.
CT 1c: Maintain the database of individuals with capacity to provide
smallpox vaccinations.
CT 1c: Continue to develop and revise as needed the scalable
SNS component of the local emergency management plan to
include an integrated smallpox vaccination component.
CT 1c: Develop and maintain smallpox components in the LHD all-
Public Health Preparedness Workplan
For Local Public Health Preparedness
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CT 2: Decrease time to provide prophylactic protection
and/or immunizations to all responders, including non-
governmental personnel supporting relief efforts.
azards
CT 2: Develop and maintain first responder dispensing prophylaxis
SOP/SOG.
CT 3: Decrease the time needed to release information to CT 3: Revise and expand local Crisis and Emergency Risk
the public regarding dispensing of medical countermeasures Communication (CERC) Guidelines to include pre-approved
via the jurisdiction's JIC (if JIC activation is needed).. information regarding dispensing of medical countermeasures via
the jurisdiction's JIC.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 28 of 39
TARGET CAPABILITY 6F: Medical Surge
MEASURE:
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Improve tracking of cases, exposures, adverse CT 1: Use the NBS and PHIN/HAN to report Texas mandated
events, and patient disposition. notifiable diseases.
CT 2: Decrease the time needed to execute medical and CT 2: Establish and annually review MOU/MOAs as necessary and
public health mutual aid agreements. maintain relationships.
CT 2: Assess the time from requesting public health mutual aid
agreement to the time acknowledgement is received as either
approved or disapproved.
CT 3: Improve coordination of public health and medical CT 3: Continue to develop/maintain relationships with infectious
services. disease specialists, hospital infection control practitioners, laboratory
directors, emergency department managers, medical examiners, and
others to promote rapid disease reporting.
CT 3: Provide training and information to local health care providers
through newsletters, meetings, conferences, etc, to increase
community awareness of the importance of early detection and rapid
res onse.
Public Health Preparedness Workplan
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GT 3a: Ensure epidemiology response capacity consistent
with hospital preparedness guidelines for surge capacity.
CT 3b: Participate in the development of plans,
procedures, and protocols to identify and manage local,
tribal, and regional public health and hospital surge
capacity.
CT 4: Increase the proficiency of vdlunteers and staff
performing collateral duties in performing epidemiology
investigation and mass prophylaxis support tasks.
Public Health Preparedness Workplan
For Local Public Health Preparedness
CT 3a: Participate in meetings with hospitals and/or hospital
representatives to determine current level of consistency regarding
the epidemiological response capacity for surge.
CT 3a: Maintain current epidemiology response capacity.
CT 3a: Provide and attend epidemiology training and professional
growth opportunities to maintain subject matter expertise regarding
all-hazards events.
CT 3b: Provide consultation and facilitation to local, tribal and
regional public health entities for planning, development, coordination,
implementation and exercise ofall-hazards response SOP/SOGs.
CT 3b: Negotiate with partners to establish commonalities in plans
and SOP/SOGs, and develop protocols along the Texas/Mexico
border as appropriate.
CT 3b: Negotiate with partners to integrate all-hazards response
plans and SOP/SOGs within Texas and bordering states as
appropriate.
CT 3b: Continue to provide technical assistance to:local and regional
communities and to Mexican Federal Authorities in establishing
mutual aid agreements for all-hazards response.
CT 4: Train staff and volunteers to carry out epidemiology
investigation activities.
CT 4: Train staff and volunteers to carry out SNS functions at Point of
Dispensing sites.
Workplan -Page 30 of 39
CT 5: Increase the number of physicians and other CT 5: Continue to identify and maintain a list of physiciahs and other
providers with experience and/or skills in the diagnosis and providers with experience and/or skills in the diagnosis and treatment
treatment of infectious, chemical, or radiological diseases or of conditions resulting from Chemical, Biological, Radiological,
conditions possibly resulting from aterrorism-associated Nuclear, and Explosive (CPRNE) events.
event who may serve as consultants during a public health
emergency. CT 5: Continue to provide education to physicians and other
providers on CBRNE topics.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 31 of 39
TARGET CAPABILITY 6G: Mass Care
CRITICAL TASKS DEFINED IN CDC GUIDANCE
CT 2: Develop processes and criteria for conducting an
assessment (cultural, dietary, medical) of the general
population registering at the shelter to determine suitability
for the shelter, identify issues to be addressed within the
shelter, and the transference of individuals and
caregivers/family members, to medical needs shelters if
appropriate.
PERFORMING AGENCY REQUIRED ACTIVITIES
CT 2: Provide an assessment tool developed by DSHS to sheltering
agencies and encourage the provision of feedback on the utility of the
instrument.
CT 3: Develop plans, policies, and procedures to coordinate ~ CT 3: Review and update annually as needed the health and medical
delivery of mass care services to medical shelters. component of the local emergency management plan to include the
assignment of responsibility to improve the coordinated delivery of
health, medical and mental health services to medical special needs
shelters.
Public Health Preparedness Workplan
For Local Public Health Preparedness
CT 3: Review and update annually as needed the LHD SOP/SOGs to;
address operationalizing the expended roles and resoonsibilitiPc
Workplan -Page 32 of 39
TARGET CAPABILITY 6H: Citizen Evacuation and Shelter-In-Place
MEASURE:
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Develop plans and procedures to identify in advance CT 1: Participate in efforts with stakeholders who are already working
populations requiring assistance during evacuation/shelter- to identify populations needing assistance for evacuation and shelter-
in-place. in-place.
CT 2: Develop plans and procedures for coordinating with CT 2: Support the local efforts to coordinate the provision of basic
other agencies to meet basic needs during evacuation. !.
` health and medical needs, to include the provision of mental health
services for populations during evacuation operations.
CT 2: Review and update annually as needed the health and medical
' component of the local emergency management plan and LHD all-
' ' hazards SOP/SOGs to include provisions for medical special needs
population during evacuation operations.
CT 3: Develop plans and procedures to get resources to CT 3: Support the Office of Emergency Management (OEM) in
those who have sheltered in place (Long term - 3 days or coordinating the provision of health and medical resources
to include i
more). ' ,
the provision of mental health services, for populations' sheltering-in-
place.
CT 3: Review and annually as needed the health and medical
component of the local emergency management plan and LHD all-
- hazards SOP/SOGs to include provisions for medical special needs
o ulations' sheltered-in- lace.
Public Health Preparedness Workplan
For Local Public Health Preparedness
Workplan -Page 33 of 39
CDC PREPAREDNESS GOAL 7: RECOVER
Goal: Decrease the time needed to restore health
services and environmental safe to re-event levels.
TARGET CAPABILITY 7A: Environmental Health
MEASURE:
1) Time to issue guidance to the public after an event. Jurisdictional Target: Mean = 6 hours from the time a decision is made
to rovide recove -related information to the ublic.
CRITICAL TASKS DEFINED IN CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Conduct post-event planning and operations to CT 1: Begin to establish an MOU/MOA with environmental
restore general public health services. agency(ies) for reporting, notification and recommendation(s) for
follow-up as needed.
CT 1: Adapt/implement state written SOP/SOGs to local jurisdiction.
CT 1: Develop written procedures to the extent possible to address
restoration of services.
Public Health Preparedness Workplan
For Local Public Health Preparedness
Workplan -page 34 of 39
CT 2: Decrease the time needed to issue interim guidance CT 2: If able, develop Global Information System (GIS)/mapping
on risk and protective actions by monitoring air, water, food, system data sets as identified in the environmental plan.
and soil quality, vector control, and environmental
decontamination, in conjunction with response partners. CT 2: Develop and/or revise pre-approved messages to include fact
sheets, question-and-answer sheets, templates and key messages.
CT 2: Use pre-approved messages to address public health threats
and emergencies.
CT 2: Develop and use messages specific to the community at any
time.
CT 2: Assess time needed to issue guidance.
CT 2: Continue environmental testing and monitoring (e.g.,
BioWatch, radiation control, food safety assessments, and large
capacity water testing project in EI Paso and Corpus Christi).
CT 2: Obtain training in the use of PPE.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 35 of 39
CDC PREPAREDNESS GOAL 8: RECOVER
Goal: Increase the Ion -term follow-u rovided to those affected b threats to the ubl
TARGET CAPABILITY 8A: Economic and Community RPrnyan.
CRITICAL TASKS DEFINED IN CDC GUIDANCE
PERFORMING AGENCY REQUIRED ACTIVITIES
CT 1: Develop and coordinate plans for long-term tracking
of those affected by the event.
CT 2: Improve systems to track cases, exposures, and
adverse event reports.
CT 3: Increase the availability of information resources
and messages to foster community's return to self-
sufficiency.
Public Health Preparedness Workplan
For Local Public Health Preparedness
CT 1: Develop protocols to provide long term tracking of
by an event.
CT 2: Coordinate with CDC the planning of and implementation of CDC's
OMS or implement an equivalent system.
CT 3: Use the pre-approved messages and adapt where necessary.
CT 3: Provide appropriate messages to city/county jurisdictions.
Workplan -Page 36 of 39
CDC PREPAREDNESS GOAL 9: IMPROVE
Goal: Decrease the time needed to implement recommendations from after-action reports following
1'hrra~4c 4n 4hn n~~hli..r~. L.....u~.
TARGET CAPABILITY 9A: Plannin
MEASURES:
1) Time to complete an After-Action Report (AAR) with corrective action plan(s). Jurisdictional Target: Mean = 60 days from
conclusion of an exercise or real event.
2 Time to re-evaluate areas, re uirin • corrective action. Jurisdictional Tar t: Mean = 180 da s after AAR is com leted
CRITICAL TASKS DEFINED 1N CDC GUIDANCE PERFORMING AGENCY REQUIRED ACTIVITIES
Exercises must focus on specific components of a plan although it is not
necessary to exercise all components of the plan at one time. An
Exercise Notification Form must be submitted to DSHS Central Office at
least 60 days prior to any exercise. Exercises should test public health
SOPS and/or SOGs and should address horizontal and vertical
integration with appropriate response partners at the federal, state, tribal
and local level. Response partners may include, but are not limited to:
public health, emergency management, laboratory, emergency and
clinical medical providers, pharmacy, public works, emergency services,
elected officials, school districts, military, and private sector
businesses/employers. Response partners may also include bi-national
partners at the local, state or federal levels where appropriate.
If components of a LHD's all-hazards SOP and/or SOG are tested during
a response to an actual event, then the incident may be credited as an
exercise. An After Action Report (AAR) must be completed and
submitted to DSHS Central Office after the event to receive credit.
As much as possible, incorporate the exercise requirements into
exercises being conducted at the regional level by Councils of
Governments (COGs) and GDEM.
Public Health Preparedness Workplan
For Local Public Health Preparedness
Workplan -Page 37 of 39
CT 1: Exercise plans to test horizontal and vertical CT 1: Annually exercise hospital capacity including patient
integration with response partners at the federal, state, management, staffing and interoperability with local public health and
tribal, and local level. emergency management as required by the Joint Commission on
Accreditation of Healthcare Organizations standards on emergency
management drills/exercises and hazard vulnerability analysis.
CT 1: Annually exercise components of the Strategic National Stockpile.
CT 1: Annually exercise capability to receive and respond to disease
reports of urgent cases, outbreaks or other public health emergencies
24/7.
CT 1: Bi-annually exercise CERC plan.
CT 1: Annually exercise the laboratory readiness and capacity to
receive and respond for chemical and biological agents (for those
agencies with a laboratory response network (LRN).
CT 1: Test PHIN/HAN notification system ability to receive and send
critical health information.
CT 1: Test local redundant communication system ability to notify key
stakeholders involved in public health response.
CT 1: Test every six-months the ability to notify clinicians and public
health response plan partners to receive public health emergency
communication messages.
CT 1: Test every six-months the ability to notify key public health
response partners via radio or satellite phone.
CT 1: Test quarterly the time it takes the public health director or
designated official to notify public health agency staff with response
responsibilities.
Public Health Preparedness Workplan
For Local Public Health Preparedness
Workplan -Page 38 of 39
CT 1: Test every six months the time it takes for pubic health agency
staff with response responsibilities to report for duty.
CT 2: Decrease the time needed to identify deficiencies CT 2: Write and submit an after-action report and corrective action plan
in personnel, training, equipment, and organizational within 60 days of conclusion of exercise or real event.
structure, for areas requiring corrective actions
CT 3: Decrease the time needed to implement corrective CT 3: Implement a plan to correct deficiencies and identify unresolved
actions barriers.
CT 4: Decrease the time needed to re-test areas CT 4: Retest areas of deficiencies within 180 days of AAR.
requiring corrective action.
Public Health Preparedness Workplan
For Local Public Health Preparedness Workplan -Page 39 of 39
Fiscal Year 2010 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
Table of Contents
ARTICLE I COMPLIANCE AND REPORTING ..................................................................... 1
Section 1.01 Compliance with Statutes and Rules .................................................................. l
Section 1.02 Compliance with Requirements of Solicitation Document .............................. 1
Section 1.03 Reporting .............................................................................................................. 1
Section 1.04 Client Financial Eligibility .................................................................................. 1
Section 1.05 Applicable Contracts Law and Venue for Disputes .......................................... 1
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources ...................... 1
Section 1.07 Statutes and Standards of General Applicability .............................................. 2
Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts
Section 1.09 ................................................................................................................................
Civil Rights Policies and Complaints ................................................................. 4
5
Section 1.10 Licenses, Certifications, Permits, Registrations and Approvals ...................... 5
ARTICLE II SERVICES ................................................................................................................ 6
Section 2.01 Education to Persons in Residential Facilities ................................................... 6
Section 2.02 Disaster Services ................................................................................................... 6
Section 2.03 Consent to Medical Care of a Minor .................................................................. 6
Section 2.04 Telemedicine Medical Services ........................................................................... 6
Section 2.05 Fees for Personal Health Services ....................................................................... 7
Section 2.06 Cost Effective Purchasing of Medications ......................................................... 7
Section 2.07 Services and Information for Persons with Limited English Proficiency....... 7
ARTICLE III FUNDING ____..___
Section 3.01 Debt to State and Corporate Status
Section 3.02 Application of Payment Due ...........
Section 3.03 Use of Funds .....................................
Section 3.04 Use for Match Prohibited ................
Section 3.05 Program Income ...............................
Section 3.06 Nonsupplanting ................................
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS ................................................. 8
Section 4.01 Payment Methods ................................................................................................. 8
Section 4.02 Billing Submission ................................................................................................ 9
Section 4.03 Final Billing Submission ...................................................................................... 9
Section 4.04 Working Capital Advance ................................................................................... 9
Section 4.05 Financial Status Reports (FSRs) ......................................................................... 9
Section 4.06 Third Party Payors .............................................................................................. 9
ARTICLE V TERMS AND CONDITIONS OF PAYMENT ...................................................10
Section 5.01 Prompt Payment ................................................................................................. 10
Section 5.02 Withholding Payments ...................................................................................... 10
Section 5.03 Condition Precedent to Requesting Payment ..................................................10
Section 5.04 Acceptance as Payment in Full ......................................................................... 10
General Provisions (Core Subrecipient) 2010 with TOC 61709
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS ................................10
Section 6.01 Allowable Costs ..................................................................................................10
Section 6.02 Independent Single or Program-Specific Audit .............................................. 12
Section 6.03 Submission of Audit ........................................................................................... 12
ARTICLE VII CONFIDENTIALITY ....................................................................................... 13
Section 7.01 Maintenance of Confidentiality ........................................................................ 13
Section 7.02 Department Access to PHI and Other Confidential Information ................. 13
Section 7.03 Exchange of Client-Identifying Information ................................................... 13
Section 7.04 Security of Patient or Client Records ............................................................... 13
Section 7.05 HIV/AIDS Model Workplace Guidelines ........................................................ 14
ARTICLE VIII RECORDS RETENTION ................................................................................. 14
Section 8.01 Retention ............................................................................................................. 14
ARTICLE IX ACCESS AND INSPECTION .............................................................................. 14
Section 9.01 Access .................................................................................................................. 14
Section 9.02 State Auditor's Office .... 15
Section 9.03 ....................................................................................
Responding to Deficiencies ................................................................................ 15
ARTICLE X
NOTICE REQUIREMENTS
15
Section 10.01
Section 10.02
Section 10.03
Section 10.04
Section 10.05
Section 10.06
Section 10.07
Section 10.08
Section 10.09
Child Abuse Reporting Requirement ............................................................... 15
Significant Incidents .......................................................................................... 15
Litigation ............................................................................................................. 16
Action Against the Contractor ..........................................................................16
Insolvency ...........................................................................................................16
Misuse of Funds and Performance Malfeasance .............................................16
Criminal Activity and Disciplinary Action ...................................................... 16
Retaliation Prohibited ........................................................................................ 17
Documentation ................................................................................................... 17
ARTICLE XI ASSURANCES AND CERTIFICATIONS ........... 17
..............................................
Section 11.01 Certification ............................................................................. 17
Section 11.02 ...........................
Child Support Delinquencies
Section 11.03 ............................................................................
Authorization ...... 18
Section 11.04 ................................................................................................
Gifts and Benefits Prohibited 18
Section 11.05 ............................................................................
Ineligibility to Receive the Contract 18
Section 11.06 .................................................................
Antitrust 18
Section 11.07 ..............................................................................................................
Initiation and Com
letion of Work 19
p
.................................................................. 19
ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR ...................... 19
Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and
Employees ............................................................................ 19
Section 12
02 ...............................
Mana
ement
d C
t
l S
.
Section 12.03 g
an
on
ro
ystems ...................................................................
Insurance 19
Section 12.04 .............................................................................................................
Fidelity Bond 20
...................................................................................................... 20
Section 12.05 Liability Coverage ................................................... 20
...........................................
General Provision s (Core Subrecipient) 2010 with TOC 61709 2
Section 12.06 Overtime Compensation
Section 12.07 ....................................................................................21
Program Site ..
Section 12.08 ..................................................................................................... 21
Cost Allocation Pla
Section 12.09 n ........................................................................................... 21
Reporting for Unit Rate and Fee-For-Service Contr
t
ac
s ............................... 21
Section 12.10 Historically Underutilized Businesses (HUBS). Admin. Code § 20.16(c)...... 22
Section 12.11 Buy Texas
Section 12.12 ............................................................................................................22
Contracts with Subrecipient Subcontractors
Section 12.13 .................................................. 22
Status of Subcontractors
Section 12.14 ................................................................................... 23
Incorporation of Terms
Section 12.15 ..................................................................................... 23
Independent Contractor
Section 12.16 ....................................................................................23
Authority to Bind
Section 12.17 ............................................................................................... 23
Tax Liability ...........
Section 12.18 ............................................................................................ 23
Notice of Or
aniz
ti
l Ch
Section 12.19 g
a
ona
ange ...................................................................... 23
Quality Management
Section 12.20 ......................................................................................... 23
Equipment (Including Controlled Assets) Purchases
..................................... 23
Section 12.21 Su
lies
Section 12.22 pp
............................................................................................................... 24
Chan
es to E
ui
t Li
Section 12.23 g
q
pmen
st ............................................................................... 24
Equipment Inventory and Protection of Assets
Section 12.24 ............................................... 24
Bankru
tc
Section 12.25 p
y .........................................................................................................24
Title to Property ..............
Section 12.26 ................................................................................... 24
Property Acquisitions
Section 12.27 ........................................................................................25
Disposition of Property .......
Section 12.28 ............................................................................... 25
Closeout of E
ui
ment
Section 12.29 q
p
........................................... .................. 25
.........................
Assets as Collateral Prohibited
......................................................................... 25
ARTICLE XIII GENERAL TERMS
........................................................................................... 25
Section 13.01 Assignment ............
Section 13.02 ..............................................................................................25
Lobbying ...................
Section 13.03 ..........................................................................................25
Conflict of Interest
Section 13.04 ............................................................................................. 26
Transactions Between Related Parties
Section 13.05 ............................................................. 26
Intellectual Pro
ert
Section 13.06 p
y ..........................................................................................27
Other Intangible Property ........
Section 13.07 ......................................................................... 28
Severabilit
and Ambi
it
Section 13.08 y
gu
y ............................................................................... 28
Legal Notice
Section 13.09 ........................................................................................................ 28
Successors
Section 13.10 ........................................................................................................... 28
Headings
Section 13.11 .............................................................................................................. 28
Parties ..
Section 13.12 ..............................................................................................
.................. 28
Survivability of Terms .
Section 13.13 ...................................................................................... 28
Direct Operation .......
Section 13.14 .......................................................................................... 28
Customer Service Information
Section 13.15 .......................................................................... 28
Amendment
Section 13.16 ......................................................................................................... 29
Contractor's Notification of Change to Certain Contract P
i
i
Section 13.17 rov
s
ons.......... 29
Contractor's Request for Revision of Certain Contract P
i
i
Section 13.18 rov
s
ons .............. 29
Immunity Not Waived
Section 13.19 .......................................................................................30
Hold Harmless and Indemnification
Section 13.20 ................. ....... 30
........................................
Waiver ....
Section 13.21 ......................................................................
....................................... 30
Electronic and Information Resources Accessibilit
St
d
d
y
an
ar
s .................... 30
Section 13.22 Force Majeure
....................................................................................................31
General Provisions (Core Subreci
ient) 2010 with TOC 617
p
09 ~
Section 13.23 Interim Contracts ....... 31
........................................................................................
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE..
.............................................................................................................................. 32
Section 14.01 Actions Constituting Breach of Contract ......................................................... 32
Section 14.02 General Remedies and Sanctions .. 32
Section 14.03 ....................................................................
Notice of Remedies or Sanction
Section 14.04 s .......................................................................
Emergenc
Action 34
y
.............................................................................................. 34
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT .................................................... 35
Section 15.01 Breach of Contract Claim ..... 35
Section 15
02 ............................................................................
Notice
.
Section 15
03 ...................................................................................................................
Sole Remed 35
. y ........................................................................................................ 35
Section 15.04 Condition Precedent to Suit ...... 35
Section 15
05 ........................................................................
Performance N
t S
d
d
. o
uspen
e
............................................................................. 35
ARTICLE XVI TERMINATION
................................................................................................ 35
Section 16.01 Expiration of Contract or Program Attachment(s) ........................................ 35
Section 16.02 Effect of Termination 36
Section 16.03 .........................................................................................
Acts Not Constituting Termination
Section 16.04 ..................................................................
Termination Without Cause 36
Section 16.05 .............................................................................
Termination For Cause 36
Section 16.06 .....................................................................................
Notice of Termination 37
........................................................................................ 38
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS ........................38
Section 17.01 Void Contracts .................................................................................................... 38
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract .............. 38
Section 17.03 Appeals Rights .................................................................................................... 38
ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION ............................... 38
Section 18.01 Cessation of Services At Closeout .
. 39
Section 18.02 .
..................................................................
Administrative Offset
Section 18.03 .........................................................................................
Deadline for Closeout 39
Section 18.04 .........................................................................................
Payment of Refunds 39
Section 18.05 ...........................................................................................
Disallowances and Adjustments 39
Section 18.06 ........................................................................
Contract Reconciliation 39
..................................................................................... 39
General Provisions (Core Subrecipient) ?010 with TOC 61709
Fiscal Year 2010 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall
require its subcontractor(s) to comply, with the requirements of the Department's rules of general
applicability and other applicable state and federal statutes, regulations, rules, and executive
orders, as such statutes, regulations, rules, and executive orders currently exist and as they may
be lawfully amended. The Department rules are located in the Texas Administrative Code, Title
25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements
beyond those required by applicable statutes, regulations, rules or executive orders, the terms of
this Contract shall control. Contractor further agrees that, upon notification from DSHS,
Contractor shall comply with the terms of any contract provisions DSHS is required to include in
its contracts under legislation effective at the time of the effective date of this Contract or during
the term of this Contract.
Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified
in these General Provisions or the Program Attachment(s), Contractor shall comply with the
requirements, eligibility conditions, assurances, certifications and program requirements of the
Solicitation Document, if any, (including any revised or additional terms agreed to in writing by
Contractor and DSHS prior to execution of this Conn~act) for the duration of this Contract or any
subsequent renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any misrepresentation contained in
the Contractor's response to the Solicitation Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting
requirements established by the Department and shall provide any other information requested
by the Department in the format required by DSHS. Failure to submit a required report or
additional requested information by the due date specified in the Program Attachment(s) or upon
request constitutes a breach of contract, may result in delayed payment and/or the imposition of
sanctions and remedies, and, if appropriate, emergency action: and may adversely affect
evaluation of Contractor's future contracting opportunities with the Department.
Section 1.04 Client Financial Eligibility. Where applicable, Contractor shall use financial
eligibility criteria, financial assessment procedures and standazds developed by the Department
to determine client eligibility.
Section LOS Applicable Contracts Law and Venue for Disputes. Regarding all issues
related to contract formation, performance, interpretation, and any issues that may arise in any
dispute between the Parties, this Contract shall be governed by, and construed in accordance
with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any
suit shall be Travis County, Texas.
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where
applicable, federal statutes and regulations, including federal grant requirements applicable to
funding sources, shall apply to this Contract. Contractor agrees to comply with applicable laws,
executive orders, regulations and policies as well as Office of Management and Budget (OMB)
Circulars, the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code
General Provisions (Core Subrecipient) 2010
Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal
circulars and incorporated in UGMS by the Governor's Budget, Planning and Policy Division.
UGMA and UGMS can be located through web links on the DSHS website at
htro://www dshs' state tx us/contracts/links short. Contractor also shall comply with all
applicable federal and state assurances contained in UGMS, Part III, State Unifotm
Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable,
Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health
and Human Services Grants Policy Statement, both of which may be located through weblinks
on the DSHS website at htto://www.dshsstate.tx us/contracts/links shim. For contracts funded
by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105.
Section ].07 Statutes and Standards of General Applicability. It is Contractor's
responsibility to review and comply with all applicable statutes, rules, regulations, executive
orders and policies. To the extent applicable to Contractor, Contractor agrees to comply with the
following:
a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent
amendments) that collectively prohibit discrimination on [he basis of race, color, national
origin, limited English proficiency, sex, sexual orientation (where applicable),
disabilities, age, substance abuse, political belief or religion: ])Title VI of the Civil
Rights Act of 1964, 42 USC §§ 2000d et seq.; 2) Title IX of the Education Amendments
of 1972, 20 USC §§ ]681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act
of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC §§
12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6)
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970, 42 USC § 290dd (b)(I); 7) 45 CFR Parts 8Q 84, 86 and 91; 8) U.S.
Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code
Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order
13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for
religious organizations; and 12) DSHS Policy AA-5018, Non-discrimination Policy for
DSHS Programs;
b) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug
abuse;
c) Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR Part
2, relating to confidentiality of alcohol and drug abuse patient records;
d) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to
nondiscrimination in housing;
e) Immigration Reform and Control Act of 1986, 8 USC § 1324a, regazding employment
verification;
f) Pro-Children Act of 1994, 20 USC §§ 6081-6084, regarding the non-use of all tobacco
products;
g) National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (PL
93-348 and PL 103-43), regarding human subjects involved in research;
h) Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7321-26, which limits the political
activity of employees whose employment is funded with federal funds;
General Provisions (Core Subrecipient) 2010
i) Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel
Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and
maximum hours;
j) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons
with disabilities;
k) Texas Workers' Compensation Act, Tex. Lab. Code, Chapters 401-406 and 28 Tex.
Admin. Code Part 2, regarding compensation for employees' injuries;
I) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding
the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood Borne
Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding
safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the
treatment of laboratory animals;
o) environmental standards pursuant to the following: I) Institution of environmental quality
control measures under the National Environmental Policy Act of 1969, 42 USC §§
4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and
Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant
to Executive Order 1 1738 (40 CFR Part 32), "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, 42 Fed.
Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive
Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase
requirements of Section l02(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);
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)
Federal Water Pollution Control Act, 33 USC § 1251 et seq.; 7) Protection of
underground sources of drinking water under [he Safe Drinking Water Act of t 974, 42
USC §§ 300f-300j; 8) Protection of endangered species under the Endangered Species
Act of 1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10) Wild
and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain
rivers system; and 1 I) Lead-Based Paint Poisoning Prevention Act (42 USC §§ 4801 et
seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation;
p) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel
merit systems for programs specified in Appendix A of the federal Office of Program
Management's Standards for a Merit System of Personnel Administration (5 CFR Part
900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose
property is acquired as a result of Federal or federally-assisted programs;
r) Davis-Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and
18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-
333), regarding labor standards for federally-assisted construction subagreements;
s) National Historic Preservation Act of 1966, § 106 (16 USC § 470), Executive Order
11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1
General Provisions (Core Subrecipient) 2010
et seq.) regarding historic property to the extent necessary to assist DSHS in complying
with the Acts;
t) financial and compliance audits in accordance with Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-
Profi[ Organizations;" and
u) requirements of any other applicable state and federal statutes, executive orders,
regulations, rules and policies.
If this Contract is funded by a grant or cooperative agreement, additional state or federal
requirements found in the Notice of Grant Award are imposed on Contractor and incorporated
herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award
from the Division Contract Management Unit assigned to the Program Attachment.
Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts.
Certain sections or portions of sections of these General Provisions shall not apply to Contractors
that are State agencies or units of local govemment; and certain additional provisions shall apply
to such Contractors.
a) The following sections or portions of sections of these General Provisions shall not apply
to interagency or interlocal contracts:
1) Hold Harmless and Indemnification, Section 13.19;
2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete
the word "employees" in the fourth sentence; the remainder of the section applies);
3) Insurance, Section 12.03;
4) Liability Coverage, Section 12.05;
5) Fidelity Bond, Section 12.04;
6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall
comply with HUB requirements of other statutes and rules specifically applicable to
that entity);
7) Debt to State and Corporate Status, Section 3.01;
8) Application of Payment Due, Section 3.02; and
9) Article XV Claims against the Deparhnent (This Article is inapplicable to interagency
contracts only).
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with
the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771;
2) The Parties hereby certify that (I) the services specified are necessary and essential
for the activities that are properly within the statutory functions and programs of the
affected agencies of State government; (2) the proposed arrangements serve the
interest of efficient and economical administration of the State government; and (3)
the services, supplies or materials contracted for are not required by Section 21 of
Article 16 of the Constitution of the State of Texas to be supplied under contract
given to the lowest responsible bidder; and
3) DSHS certifies that it has the authority to enter into this Contract granted in Tex.
Health & Safety Cade Chapter 1001, and Contractor certifies that it has specific
statutory authority to enter into and perform this Contract.
c) The following additional provisions shall apply to interlocal contracts:
General Provisions (Core Subrecipient) 2010 4
1) This Contract is entered into pursuant to the authority granted and in compliance with
the provisions of the lnterlocal Cooperation Act, Tex. Gov. Code Chapter 791;
2) Payments made by DSHS to Contractor shall be from current revenues available to
DSHS; and
3) Each Pariy rept'esents that it has been authorized to enter into this Contract.
d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request
for Revision to Certain Contract Provisions section), when signed by a duly authorized
representative of Contractor, shall be effective as of the effective date specified by the
Department, whether that date is prior' to or after the date of any ratification by
Contractor's governing body.
Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide
the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all
Contractor's civil rights policies and procedures. Contractor must notify HHSC's Office of Civil
Rights of any civil rights complaints received relating to performance under this Contract no
more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed
[o -
HHSC Civil Rights Office
701 W. 51st St., Mail Code W206
Austin, Texas 78751
Toll-free phone (888) 388-6332
Phone (512) 438-4313
TTY Toll-free (877) 432-7232
Fax (512) 438-5885
Section 1.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor
shall obtain and maintain all applicable licenses, certifications, permits, registrations and
approvals to conduct its business and to perform the services under this Contract. Any
revocation, surrender, expiration, non-renewal, inactivation or suspension of any such license,
certification, permit, registration or approval shall constitute grounds for termination of this
Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its
employees, staff and volunteers maintain in active status all licenses, certifications, permits.
registrations and approvals required to perform their duties under this Contract and shall prohibit
any person who does not hold a current, active required license, certification, permit, registration
or approval from performing services under this Contract.
General Provisions (Core Snbrecipient) 2010
ARTICLE II SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall
ensure that all persons, who are housed in Department-licensed and/or -funded residential
facilities and who are twenty-two (22) years of age or younger, have access to educational
services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education
agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later
than the third calendar day after the date a person who istwenty-two (22) years of age or
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. hi the event of a local, state, or federal emergency, including
natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by
the Governor, or as a federal disaster by the appropriate federal official, Contractor may be
called upon to assist DSHS in providing services, as appropriate, in the following areas:
community evacuation; health and medical assistance; assessment of health and medical needs;
health surveillance; medical care personnel; health and medical equipment and supplies; patient
evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety;
worker health and safety; mental health and substance abuse; public health information; vector
control and veterinary services; and victim identification and mortuary services. Disaster
services shall be carried out in the manner most responsive to the needs of the emergency, be
cost-effective, and be least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or through
contracts with subcontractors, [he treatment of a minor shall be provided only if informed
consent to treatment is obtained pursuant to Tex. Fam. Code, Chapter 32, relating to consent to
treatment of a child by anon-parent or child or pursuant to other state law. If requirements of
federal law relating to consent directly conflict with Tex. Fam. Code, Chapter 32, federal law
shall supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its
subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance
with written procedures and using protocol approved by the Contractor's medical director and
utilizing equipment that complies with the equipment standards as required by the Department.
Procedures of telemedicine service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated physician
responsible for medical leadership;
b) contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by
telemedicine at the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and federal
laws;
e) use by credentialed licensed providers providing clinical care within the scope of their
licenses;
f) demonstrated competency in the operations of the system by all staff members who are
involved in the operation of the system and provision of the services prior to initiating the
protocol;
General Provisions (Core Subrecipient) 2010
g) priority in scheduling the system for clinical care of individuals;
h) quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that ensures
timely access to accurate information between the two sites.
Telemedicine Medical Services does not include chemical dependency treatment services
provided by electronic means under Rule § 448.91 l .
Section 2.05 Fees for Personal Health Services. Contractor may develop a system and
schedule of fees for personal health services in accordance with the provisions of Tex. Health &
Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other
applicable laws or grant requirements. The amount of a fee shall not exceed the actual cost of
providing the services. No patient may be denied a service due to inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. If medications are funded under this
Contract, Contractor shall make needed medications available to clients at the lowest possible
prices and use the most cost effective medications purchasing arrangement possible.
Section 2.07 Services and Information for Persons with Limited English Proficiency.
Contractor agrees to take reasonable steps to provide services and information both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to programs,
benefits, and activities. Contractor shall identify and document on the client records the primary
language/dialect of a client who has limited English proficiency and the need for translation or
interpretation services and shall not require a client to provide or pay for the services of a
translator or interpreter. Contractor shall make every effoR to avoid use of any persons under the
age of eighteen (18) or any family member or friend of the client as an interpreter for essential
communications with a client with limited English proficiency unless the client has requested
that person and the use of such a person would not compromise the effectiveness of services or
violate the client's confidentiality and the client is advised that a free interpreter is available.
ARTICLE III FUNDING
Section 3.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055, the
Depanmen[ will not approve and the State Comptroller will not issue payment to Contractor if
Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a
corporation, certifies by execution of this Contract that it is current and will remain current in its
payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise
taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further
certifies that it is and will remain in good standing with the Secretary of State's office. A false
statement regarding franchise tax or corporate status is a material breach of this Contract. If
franchise tax payments become delinquent during the Contract term, all or part of the payments
under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full.
General Provisions (Core Subrecipient) 2010
Section 3.02 Application of Payment Due. Contractor agrees that any payments due under
this Contract will be applied towards any debt of Contractor, including but not limited to
delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department funds only for
the provision of approved services and for reasonable and allowable expenses directly related to
those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided through this
Contract shall not be used for matching purposes in securing other funding unless directed or
approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from Department funds
through a project or activity performed under' a Program Attachment and/or eazned only as a
result of a Program Attachment during the term of the Program Attachment aze considered
program income. Unless otherwise required under the terms of the grant funding this Contract,
the addition alternative, as provided in UGMS § _?5(g)(2), for the use of program income shall
be used by Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same Program Attachment
project in which it was generated. Contractor shall identify and report this income in accordance
with the Compliance and Reporting Article of these General Provisions and the provisions of the
Program Attachment(s). Contractor shall expend program income during the Program
Attachment term and may not carry forward to any succeeding term. Program income not
expended in the term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and
reporting program income, and in utilizing it for the purposes and conditions set forth in this
Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract
to replace or substitute existing funding from other sources that also supports the activities that
are the subject of this Contract) but rather shall use funds from this Contract to supplement
existing state or local funds currently available for a particular activity. Contractor shall make a
good faith effort to maintain its current level of support. Contractor may be required to submit
documentation substantiating that a reduction in state or local funding, if any, resulted for
reasons other than receipt or expected receipt of funding under this Contract.
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS
Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the
Program Attachment(s), the payment method for each program shall be one of the following
methods:
a) cost reimbursement. This payment method is based on an approved budget in the
Program Attachment(s) and acceptable submission of a request for reimbursement; or
b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified
rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program
Attachment(s) and acceptable submission of all required documentation, forms and/or
reports.
General Provisions (Core Subrecipient) 2010
Section 4.02 Billing Submission. Contractors shall bill the Depaztment in accordance with the
Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified
in the Program Attachment(s) w' permitted under the Third Party Payors section of this Article,
Contractor shall submit requests for reimbursement or payment monthly within thirty (30)
calendar days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the Department,
Contractor shall submit a reimbursement or payment request as a final close-out bill not later
than sixty (60) calendar days following the end of the term of the Program Attachment for goods
received and services rendered during the term. If necessary to meet this deadline, Contractor
may submit reimbursement or payment requests by facsimile transmission. Reimbursement or
payment requests received in DSHS's offices more than sixty (60) calendaz days following the
end of the applicable term will not be paid. Consideration of requests for an exception will be
made on a case-by-case basis, subject to the availability of funding, and only for an extenuating
circumstance, such as, a catastrophic even[, natural disaster, or criminal activity that substantially
interferes with normal business operations, or causes damage or destruction of a place of
business and/or records. A written statement describing the extenuating circumstance and the
last request for reimbursement must be submitted for review and approval to the DSHS
Accounting Section.
Section 4.04 Working Capital Advance. If allowed under this Contract, a single one-time
working capital advance per term of [he Program Attachment may be granted at the
Department's discretion. Contractor must submit documentation to the Division Contract
Management Unit assigned to the Program Attachment to justify the need for a working capital
advance. The working capital advance must be liquidated as directed by the Department. The
requirements for the documentation justifying the need for an advance and the directions for
liquidating the advance are found in the Contractor's Financial Procedures Manual located at
httn://www.dshs state tx us/contrlcts~
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided in these
General Provisions or in the terms of the Program Attachment(s), for contracts with categorical
budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the thirtieth calendar
day of the month following the end of each quarter of the Program Attachment term for
Department review and financial assessment. The final FSR must be submitted not later than
sixty (60) days following the end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity who has the
legal responsibility for paying for all or part of the services provided, including commercial
health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding
sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill
the Department for services eligible for reimbursement from third party payors. Contractor shall
(a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing
approved services authorized under this Contract that may be covered by those programs, and
bill those -programs for the covered services; (b) provide assistance to individuals to enroll in
such programs when the screening process indicates possible eligibility for such programs; (c)
allow clients that are otherwise eligible for Department services, but cannot pay a deductible
required by a third party payor, to receive services up to the amount of the deductible and to bill
General Provisions (Core Subrecipient) 2010
the Department for the deductible; (d) not bill the Department for any services eligible for third
party reimbursement until all appeals to third party payors have been exhausted, in which case
the 30-day requirement in the Billing Submission section will be extended until all such appeals
have been exhausted; (e) maintain appropriate documentation from the third puty payor
reflecting attempts to obtain reimbursetnent (f) bill all third party payors for services provided
under this Contract before submitting any request for reimbursement to Department; and (g)
provide third party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this
Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a
signed Contract and will not exceed the total amount of authorized funds under this Contract.
Contractor is entitled to payment or reimbursement only if the service, work, and/or product has
been authorized by the Department and performed or provided pursuant to this Contract. If those
conditions are met, Department will make payment in accordance with the Texas prompt
payment law (Tex. Gov. Code Chapter 2251). Contractor must comply with Tex. Gov. Code
Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices
by the Department shall not constitute acceptance or approval of Contractor's performance, and
all invoices and Contractor's performance are subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of any payments
to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or
overpayments that Contractor has not refwrded to Department, or if financial status report(s)
required by the Department are not submitted by the date(s) due. Department may take
repayment (recoup) from funds available under this Contract in amounts necessary to fulfill
Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse
program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on
such funds before requesting cash payments including any advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Persona]
Health Services section or under 25 Tex. Admin. Code § 444.413, Contractor shall accept
reimbursement or payment from DSHS as payment in full for services or goods provided to
clients or participants, and Contractor shall not seek additional reimbursement or payment for
services or goods from clients or participants or charge a fee or make a profit with respect to the
Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that
are incurred in conducting an assistance program.
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
Section 6.01 Allowable Costs. For services satisfactorily performed, and sufficiently
documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs.
Contractor must have incurred a cost prior to claiming reimbursement and within the applicable
term to be eligible for reimbursement under this Contract. DSHS shall determine whether costs
General Provisions (Core Subrecipient) 2010 10
submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds
to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and
Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this
written notice. DSHS may withhold all or part of any payments to Contractor to offset
reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to
DSHS, or if financial status report(s) required under the Financial Status Reports section are not
submitted by the date(s) due. DSHS may take repayment (recoup) from funds available under
this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost
principles, audit requirements, and administrative requirements include-
Applicable Entity Applicable Cost Audit Administrative
Princi les R uirements Re uirements
State, Local and OMB Circular OMB Circular UGMS, OMB
Tribal Governments A-87 A-133 and UGMS Circular A-102, and
applicable Federal
awarding agency
common rule
Educational OMB Circular OMB Circular OMB Circular A-I 10
Institutions A-21; and UGMS, A-133 and applicable Federal
as applicable awarding agency
common rule; and
UGMS, as a licable
Non-Profit OMB Circular ONIB Circular UGMS; OMB
Organizations A-122 A-133 and UGMS Circular A-110 and
applicable Federal
awarding agency
common rule
For-profit 48 CFR Part 3I, OMB Circular A- UGMS and applicable
Organization other Contract Cost 133 and UGMS Federal awarding
than a hospital and an Principles agency common rule
organization named in Procedures, or
OMB Circular A-122 uniform cost
as not subject to that accounting
circular. standards that
comply with cost
principles
acceptable to the
federal or state
awardin a enc
A chart of applicable Federal awarding agency common rules is located through a weblink on the
DSHS website at hthr//www.dshsstate.tx us/contracts/links shtm. OMB Circulars will be
applied with the modifications prescribed by UGMS with effect given to whichever provision
imposes the more stringent requirement in the event of a conflict.
General Provisions (Core Subrecipient) 2010 11
Section 6.02 Independent Single or Program-Specific Audit. If Contractor within
Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded,
Contractor must have a single audit orprogram-specific audit in accordance with the Office of
Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984; P L 98-502, 98
Slat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 1 ]0 Stat. 1396. The
$500,000 federal threshold amount includes federal funds passed through by way of state agency
awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000
in state funds awarded, Contractor must have a single audit or program-specific audit in
accordance with UGMS, State of Texas Single Audit Circular. The HHSC Office of Inspector
General (OIG) will notify the Contractor to complete the Single Audit Determination
Registration Form. If Contractor fails to complete the Single Audit Determination Form within
thirty (30) calendaz days after notification by OIG to do so, Contractor shall be subject to DSHS
sanctions and remedies for non-compliance with this Contract. The audit shall be conducted by
an independent certified public accountant and in accordance with applicable OMB Circulars,
Government Auditing Standards, and Uniform Grant Management Standards (UGMS) located
through a web link on the DSHS website at_httn://www.dshs state.tx us/contracts/licks shrm.
Contractor shall procure audit services in comphance wrth this secoon, state procurement
procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state
governmental entity, shall competitively re-procure independent single audit services at least
every five (5) years. Incumbent audit firms may participate in the re-procurement process;
however, Contractor shall not procure services of the same audit firm for more than ten (10)
consecutive years and shall require that the audit firm limit the amount of time the lead or
coordinating audit partner (having primazy responsibility for the audit) conducts the independent
audit to a maximum of five (5) years within aten-year period. Contractor may request, in
writing to the DSHS Contract Oversight and Support Section, an exception from lead partner
rotation for years six (6) through ten (l0) of a ten-year period if the audit firm has only one lead
partner. If the request is approved, Contractor must require [he audit firm to provide certification
annually for years six through ten that the audit firm has no more than one partner and must
require the audit firm to contract with an independent audit firm to perform a second partner
review of the single or program-specific audit work performed for the Contractor. Procurement
of audit services must comply with the procurement standards of 45 CFR Part 74 or 92, as
applicable, including obtaining competition and making positive efforts to use small, minority-
owned, and women-owned business enterprises.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit
reports required by the Independent Single or Program-Specific Audit section, Contractor shall
submit one copy to the Department's Contract Oversight and Support Section, and one copy to
[he Texas Health and Human Services Commission (HHSC), Office of Inspector General (OIG),
at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
P.O. Box 149347
Austin, Texas 78714-9347
Texas Health and Human Services Commission
General Provisions (Core Subrecipient) 2010 12
Office of Inspector General
Compliance/Audit, Mail Code 1326
P.O. Box 85200
Austin, Texas 78708-5200
If Contractor fails to submit the audit report as required by the Independent Single or Program-
Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report,
Contractor shall be subject to DSHS sanctions and remedies for non-compliance with [his
Contract.
ARTICLE VII CONFIDENTIALITY
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and
confidentiality of information and records received during or related to the performance of this
Contract, including patient and client records that contain protected health information (PHI),
and any other information that discloses confidential personal information or identifies any client
served by DSHS, in accordance with applicable federal and state laws, rules and regulations,
including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health
Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters l2,
47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 6l 1, and 773; and Tex. Occ.
Code Chapters 56 and l59 and all applicable Rules.
Section 7.02 Department Access to PHI and Other Confidential Information. Contractor
shall cooperate with Department to allow Department to request, collect and receive PHI and
other confidential information under this Contract, without the consent of the individual to whom
the PHI relates, for funding, payment and administration of the grant program, and for purposes
permitted under applicable state and federal confidentiality and privacy laws.
Section 7.03 Exchange of Client-Identifying Information. Except as prohibited by other
law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with
45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414,
Subchapter A or other applicable laws or rules. Contractor shall disclose information described
in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency
described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless
Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164
or other applicable law.
Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and
client records in compliance with state and federal law relating to security and retention of
medical or mental health and substance abuse patient and client records. Department may
require Contractor to transfer original or copies of patient and client records to Department,
without the consent or authorization of the patient or client, upon termination of this Contract or
a Program Attachment to this Contract, as applicable, or if the care and treatment of the
individual patient or client is transferred to another entity. Prior to providing services funded
under this Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer copies of patient or client records to another entity funded by DSHS
General Provisions (Core Subrecipient) 2010 13
upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if
care or treatment is transfen~ed to another DSHS-funded contractor.
Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care,
services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS
(human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace
Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and
Contractor shall educate employees and clients concerning HIV and its related conditions,
including AIDS, in accordance with the Tex. Health & Safety Code § 85.112-114. A link to the
Model Workplace Guidelines can be found at
httn://www dshs.s[ate.tx u5/hivstd/policy/policieti vhnn~
ARTICLE VIII RECORDS RETENTION
Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and
federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all
other records, including financial records that are generated or collected by Contractor under the
provisions of this Contract, for a period of four (4) years after the termination of this Contract. If
services are funded through Medicaid, the federal retention period, if more than four (4) years,
shall apply. Contractor shall retain all records pertaining to this Contract that are the subject of
litigation or an audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention schedules
established in this section. Contractor shall retain medical records in accordance with Tex.
Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and
regulations governing medical information. Contractor shall ensure that this provision
concerning records retention is included in any subcontract it awards. If Contractor ceases
business operations, it shall ensure that records relating to this Contract are securely stored and
are accessible by the Department upon Department's request for at least four (4) years from the
date Contractor ceases business or from the date this Contract terminates, whichever is sooner.
Contractor shall provide the name and address of the party responsible for storage of records to
the Division Contract Management Unit assigned to the Program Attachment.
ARTICLE IX ACCESS AND INSPECTION
Section 9.01 Access. In addition to any right of access arising by operation of law, Contractor,
and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the
Department or any of its duly authorized representatives, as well as duly authorized federal, state
or local authorities, including the Comptroller General of the United States, OIG, and the State
Auditor's Office (SAO), unrestricted access to and the right to examine any site where business
is conducted or client services are performed, and all records (including client and patient
records, if any, and Contractor personnel records and governing body personnel records), books,
papers or documents related to this Contract; and the right to interview members of Contractor's
governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's
business and client services. If deemed necessary by the Department or the OIG, for the purpose
of investigation or hearing, Contractor shall produce original documents related to this Contract.
Further, Contractor shall ensure that information collected, assembled or maintained by the
Contractor relative to this Contract is available to the Department for the Department to respond
General Provisions (Core Subrecipient) 2010 14
to requests that it receives under the Public Information Act. The Department and HHSC will
have the right to audit billings both before and after payment, and all documentation that
substantiates the billings. Payments will not foreclose the right of Department and HHSC to
recover excessive or illegal payments. Contractor shall ensure that this provision concerning the
right of access to, and examination of, sites and_information related to this Contract is included in
any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books,
papers, documents, or recordings related to this Contract available for inspection, audit, or
reproduction during normal business hours to any authorized representative of the SAO. The
Contractor understands that the acceptance of funds under this Contract acts as acceptance of the
authority of the SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The Contractor further agrees to cooperate fully with the SAO or its successor
in the conduct of the audit or investigation, including providing all records requested, and
providing access to any information the SAO considers relevant to the investigation or audit.
Contractor shall ensure that this provision concerning the authority to audit funds will apply to
funds received indirectly by subcontractors through the Contractor, and the requirement to
cooperate, is included in any subcontract it awards.
Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC
upon examination of Contractor's records or during an inspection of Contractor's site(s) will be
conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a
resolution to the deficiency in a site inspection, program review or management or financial
audit to the satisfaction of DSHS or, if directed by DSHS, a plan of con-ective action to resolve
the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate
resolution of the findings may result in contract remedies or sanctions under the Breach of
Contract and Remedies for Non-Compliance Article of these General Provisions.
ARTICLE X NOTICE REQUIREMENTS
Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and
substance abuse contractors and contractors for the following public health programs: HIV/STD;
Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and
WIC Nutrition Services. Contractor shall make a good faith effort to comply with child abuse
reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations
of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and
Reporting Policy for Contractors/Providers and train all staff on reporting requirements.
Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department
located at www.dshs state tx us/childabusereportine. Contractor shall retain reporting
documentation on site and make it available for inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities,
Contractor shall report to the Division Contract Management Unit assigned to the Program
Attachment significant incidents involving substantial disruption of Contractor's program
operation, or affecting or potentially affecting the health, safety or welfare of Department-funded
clients or participants within seventy-two (72) hours of discovery.
General Provisions (Core Subrecipient) 2010 15
Section 10.03 Litigation. Contractor shall notify the Division Contract Management Unit
assigned to the Program Attachment of litigation related to or affecting this Contract and to
which Contractor is a party within seven (7) calendar days of becoming aware of such a
proceeding. This includes, but is not limited to an action, suit or proceeding before any court or
governmental body, including environmental and civil rights matters, professional liability, and
employee litigation. I~TOtification shall include the names of the parties, nature of the litigation
and remedy sought, including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment if Contractor has had a contract
suspended or terminated for cause by any local, state or federal department or agency or
nonprofit entity within three (3) working days of the suspension or termination. Such
notification shall include the reason for such action; the name and contact information of the
local, state or federal department or agency or entity; the date of the contract; and the contract or
case reference number. If the Contractor, as an organization, has surrendered its license or has
had its license suspended or revoked by any local, state or federal department or agency or non-
profit entity, it shall disclose this information within three (3) working days of [he surrender,
suspension or revocation to the Division Contract Management Unit assigned to the Program
Attachment by submitting cone-page description that includes the reason(s) for such action; the
name and contact information of the local, state or federal department or agency or entity; the
date of the license action; and a license or case reference number.
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract Management
Unit assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding
unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission
(TWC) within three (3) working days of the date of determination that Contractor is insolvent or
incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC.
Contractor shall notify in writing the Division Contract Management Unit assigned to the
Program Attachment of its plan to seek bankruptcy protection within three (3) working days of
such action by the Contractor's governing body.
Section 10.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the
Division Contract Management Unit assigned to the Program Attachment, any knowledge of
debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or
violation of financial laws, rules, policies, and procedures related to performance under this
Contract. Contractor shall make such report no later than three (3) working days from the date
that the Contractor has knowledge or reason to believe such activity has taken place.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person
who has an ownership or controlling interest in the organization or who is an agent or managing
employee of the organization has been placed on community supervision, received deferred
adjudication, is presently indicted for or has been convicted of a criminal offence related [o any
financial matter, federal or state program or felony sex crime. Contractor shall notify in writing
the Division Contract Management Unit assigned to the Program Attachment if it has reason to
believe Contractor, or a person with ownership or controlling interest in the organization or who
is an agent or managing employee of the organization, an employee or volunteer of Contractor,
or a subcontractor has engaged in any activity that would constitute a criminal offense equal to or
General Provisions (Core Subrecipient) 2010 16
greater than a Class A misdemeanor of if such activity would reasonably constitute grounds for
disciplinary action by a state or federal regulatory authority, or has been placed on community
supervision, received deferred adjudication, or been indicted for or convicted of a criminal
offense relating to involvement in any financial matter, federal or state program or felony sex
crime. Contractor shall make the reports required by this section no later than three (3) working
days fi'om the date that the Contractor has knowledge or reason to believe such activity has taken
place. Contractor shall ensure that any person who engaged, or was alleged to have engaged, in
an activity subject to reporting under this section is prohibited from performing direct client
services or from having direct contact with clients, unless otherwise directed by DSHS.
Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who
reports a violation of, or cooperates with an investigation regarding, any applicable law, rule,
regulation or standard to the Department, another state agency, or any federal, state or local law
enforcement of5cial.
Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all
notices requited under these General Provisions.
ARTICLE XI ASSURANCES AND CERTIFICATIONS
Section 11.01 Certification. Contractor certifies by execution of this Contract to Che following:
a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or
state assistance programs;
b) neither it, nor its principals, are presently debarred, suspended, proposed for debazment,
declared ineligible, or excluded from participation in this transaction by any federal or
state department or agency;
c) it has not knowingly failed to pay a single substantial debt or a number of outstanding
debts to a federal or state agency;
d) it is no[ subject to an outstanding judgment in a suit against Contractor for collection of
the balance of a debt:
e) it is in good standing with all state and/or federal agencies that have a contracting or
regulatory relationship with Contractor;
f) that no person who has an ownership or controlling interest in Contractor or who is an
agent or managing employee of Contractor has been convicted of a criminal offense
related to involvement in any program established under Medicaze, Medicaid, or a federal
block grant;
g) neither it, nor its principals have within the three-year period preceding this Contract, has
been convicted of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or performing a
private or public (federal, state or local) transaction or contract under a private or public
transaction, violation of federal or state antitrust statutes (including those proscribing
price-fixing between competitors, allocation of customers between competitors and bid-
rigging), or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or false claims, tax evasion, obstruction
of justice, receiving stolen property or any other offense indicating a lack of business
integrity or business honesty that seriously and directly affects the present responsibility
General Provisions (Core Subrecipient) 2010 l7
of Contactor or its principals;
h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged
by a governmental entity (federal, state or local) with the commission of any of the
offenses enumerated in subsection g) of this section; and
i) neither it, nor its principals within athree-year period preceding this Contract has had one
or more public transaction (federal, state or local) terminated for cause or default.
Contractor shall include the certifications in this Article, without modification (except as
required to make applicable to the subcontractor), in all subcontracts and solicitations for
subcontracts. Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit assigned to
the Program Attachment. 1f Contractor's status with respect to the items certified in this Article
changes during the term of this Contract, Contractor shall immediately notify the Division
Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a
child support obligor who is more than thirty (30) calendar days delinquent in paying child
support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or
owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive
payments from state funds under a contract to provide property, materials, or services or receive
a state-funded grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the payments specified
in this Contact, and acknowledges that this Contract may be terminated and payment may be
withheld if this certification is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority to contract
for the services described in this Contract and that a resolution, motion or similar action has been
duly adopted or passed as an official act of the Contractor's governing body, authorizing the
binding of the organization under this Contract including all understandings and assurances
contained in this Contact, and directing and authorizing the person identified as the authorized
representative of the Contractor to act in connection with this Contract and to provide such
additional information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered
to give, nor intends to give at any time hereafter, any economic opportunity, present or future
employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary
value to a DSHS or HHSC official or employee in connection with this Contract.
Section l 1.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code §
2155.004 and federal law, Contractor is ineligible to receive this Contact if this Contract
includes financial participation by a person who received compensation from DSHS to
participate in developing, drafting or preparing the specifications, requirements, statement(s) of
work or Solicitation Document on which this Contract is based. Contractor certifies that neither
Contractor, nor its employees, nor anyone acting for the Contractor has received compensation
from DSHS for participation in the development, drafting or preparation of specifications,
requirements or statement(s) of work for this Contract or in the Solicitation Document on which
this Contract is based; (b) pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is
ineligible to receive this Contract, if the Contractor or any person who would have financial
General Provisions (Core Subrecipient) 2010 18
participation in this Contract has been convicted of violating federal law, or been assessed a
federal civil or administrative penalty, in connection with a contract awarded by the federal
government for relief, recovery or reconsa'uction efforts as a result of Hurricanes Rita or Katrina
or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the
individual or business entity named in this Contract is not ineligible to receive the specified
Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this
Contract may be terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Pursuant to LS USC § 1, et seq. and Tex. Bus. & Comm. Code §
I S.OI, et seq. Contractor certifies that neither Contractor, nor anyone acting for the Contractor
has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or
indirectly regarding a bid with any competitor or any other person engaged in Contractor's line
of business for the purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and
complete the work under this Contract within the applicable time frame prescribed in this
Contract.
ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR
Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and
Employees. Contractor and its governing body shall bear full responsibility for the integrity of
the fiscal and programmatic management of the organization. This provision applies to all
organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue
Service Code as not-for-profit organizations. Each member of Contractor's governing body shall
be accountable for all funds and materials received from Department The responsibility of
Contractor's governing body shall also include accountability for compliance with Department.
Rules, policies, procedures, and applicable federal and state laws and regulations; and correction
of fiscal and program deficiencies identified through self-evaluation and Department's
monitoring processes. Further, Contractor's governing body shall ensure separation of powers,
duties, and functions of governing body members and staff. Staff members, including the
executive director, shall not serve as voting members of the Contractor's governing body. No
member of Contractor's governing body, or officer or employee of Contractor shall vote for,
confirm or act to influence the employment, compensation or change in status of any person
related within the second degree of affinity or the third degree of consanguinity (as defined in
Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any
employee authorized to employ or supervise such person. This prohibition does not prohibit the
continued employment of a person who has been continuously employed for a period of two (2)
years prior to the election, appointment or employment of the officer, employee, or governing
body member related to such person in the prohibited degree. These restrictions shall also apply
to the governing body, officers and employees of Contractor's subcontractors. Ignorance of any
Contract provisions or other requirements contained or refereed to in this Contract shall not
constitute a defense or basis for waiving or appealing such provisions or requirements.
Section 12.02 Management and Control Systems. Contractor shall comply with all the
requirements of the Department's Contractor's Financial Procedures Manual, and any of its
General Provisions (Core Subrecipient) 2010 19
subsequent amendments, which is available at the Department's web site:
http://www.dshs.state.tx.us/contracts. Contractor shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. Contractor
shall develop, implement, and maintain financial management and control systems that meet or
exceed the requirements of UGMS and adhere to procedures detailed in Department's
Contractor's Financial Procedures Manual. Those requirements shall include, at a minimum, the
following:
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 [hat include accurate accounting records that are
accessible and identify the source and application of funds provided under each Program
Attachment of this Contract, and original source documentation substantiating that costs
are specifically and solely allocable to the Program Attachment and are traceable from
the transaction to the general ledger; and
c) effective internal and budgetary controls; comparison of actual costs to budget;
determination of reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection policies; and a
mechanism capable of billing and making reasonable efforts to collect from clients and
third parties.
Section 12.03 Insurance. Contractor shall maintain insurance or other means of repairing or
replacing assets purchased with Department funds. Contractor shall repair or replace with
comparable equipment any such equipment not covered by insurance that is lost, stolen,
damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen,
damaged or destroyed, Contractor shall notify the Division Contract Management Unit assigned
to the Program Attachment to obtain instructions whether to submit and pursue an insurance
claim. Contractor shall use any insurance proceeds to repair the equipment or replace the
equipment with comparable equipment or remit the insurance proceeds to DSHS.
Section 12.04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity
bond or insurance coverage equal to the amount of funding provided under this Contract up to
$100,000 that covers each employee of Contractor handling funds under this Contract, including
person(s) authorizing payment of such funds. The fidelity bond or insurance shall provide for
indemnification of losses occasioned by (1) any fraudulent or dishonest act or acts committed by
any of Contractor's employees, either individually or in concert with others, and/or (2) failure of
Contractor 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. The bond or
insurance acquired under this section must include coverage for third party property and include
DSHS as a loss payee or equivalent designation. Contractor shall notify, and obtain prior
approval from, the DSHS Contract Oversight and Support Section before settling a claim on the
fidelity bond or insurance.
Section 12.05 Liability Coverage. For the benefit of DSHS, Contractor shall also maintain
liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer
liability coverage" or similar coverage for all persons in management or governing positions
within Contractor's organization or with management or governing authority over Contractor's
General Provisions (Core Subrecipient) 2010 20
organization (collectively "responsible persons"). Contractor shall ensure that the policy
includes Property of Others coverage with respect to funds and other property of the State related
to this Contract, and includes DSHS as a Toss payee on the policy. Contractor must maintain
copies of liability policies on site for inspection by DSHS and shall submit copies of policies to
DSHS upon request. This section applies to entities that are organized as non-profit corporations
under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas
Business Corporations Act; and any other legal entity. Contractor shall maintain liability
insurance coverage in an amount not less than the total value of this Contract and that is
sufficient to protect the interests of Department in the event an actionable act or omission by a
responsible person damages Department's interests. Contractor shall notify, and obtain prior
approval from, the DSHS Contract Oversight and Support Section before settling a claim on the
insurance.
Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall
not use any of the funds provided by this Contract to pay the premium portion of overtime.
Contractor 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
employee's normal rate of pay for hours worked in excess of normal working hours. Funds
provided under this Contract may be used to pay the premium portion of overtime only under the
following conditions: l) with the prior approval of DSHS; 2) temporarily, in the case of an
emergency or an occasional operational bottleneck; 3) when employees are performing indirect
functions, such as administration, maintenance, or accounting; 4) in performance of tests,
laboratory procedures, or similar operations that are continuous in nature and cannot reasonably
be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result.
Section 12.07 Program Site. All Contractors shall ensure that the location where services are
provided is in compliance with all applicable local, state and federal zoning, building, health,
fire, and safety standards.
Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the
format provided in the Department's Contractor's Financial Procedures Manual to the
Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347,
Austin, Texas 78714-9347, no later than the 60`h calendar day after the effective date of the
Contract, except under the circumstance where a Contractor has a current Cost Allocation Plan
on file with the Department. Contractor shall implement and follow the applicable Cost
Allocation Plan. If Contractor's plan is the same as in the previous year, by signing this
Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same
as that submitted to DSHS for the previous year. In the event that the Cost Allocation Plan
changes during the Contract term, Contractor must submit a new Cost Allocation Plan to the
Contract Oversight and Support Section within thirty (30) calendar days after the effective date
of the change. Cost Allocation Plan must comply with the guidelines provided in the
Department's Contractor's Financial Procedures Manual located at
httu://www.dshs.state.tx. us/contracts.
Section 12.09 Reporting for Unit Rate and Fee-For-Service Contracts. Contractor shall
submit reports concerning unit rate and fee-for-service contracts to the Department in accordance
General Provisions (Core Subrecipient) 2010 21
with the requirements stated in the Department's Contractor's Financial Procedures Manual
located at hitp://www.dshsstate tx.us/contracts•
Section 12.10 Historically Underutilized Businesses (HUBS). If Contractor was not required to
submit a HUB subcontracting plan and if subcontracting is permitted under this Program
Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with
HUBS in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.14 et
seq. Contractors may obtain a list of HUBS at
http://www window state tx us/procurement/proms/hub. If Contractor has filed a HUB
subcontracting plan, [he plan is incorporated by reference in this Contract If Contractor desires
to make a change in the plan, Contractor must obtain prior approval from the Department's HUB
Coordinator of the revised plan before proposed changes will be effective under this Contract.
Contractor agrees to make a good faith effort to subcontract with HUBS during the performance
of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator
by the ISth day of each month for the prior month's activity, if there was any such activity, in
accordance with 34 Tex. Admin. Code § 20.16(c).
Section 12.1 l Buy Texas. Contractor shall purchase products and materials produced in Texas
when the products and materials are available at a price and time comparable to products and
materia]s produced outside of Texas as required by Tex. Gov. Code § 2155.4441.
Section 12.12 Contracts with Subrecipient Subcontractors. Contractor may enter into
contracts with Subrecipient subcontractors unless restricted or otherwise prohibited in a specific
Program Attachment(s). Prior to entering into an agreement equaling or exceeding $100,000,
Contractor shall obtain written approval from DSHS. Contracts with subcontractors shall be in
writing and include the following:
a) name and address of all parties;
b) a detailed description of the services to be provided;
c) measurable method and rate of payment and total amount of contract;
d) clearly defined and executable termination clause;
e) beginning and ending dates that coincide with the dates of the applicable Program
Attachment(s) or that cover a term within the beginning and ending dates of the
applicable Program Attachment(s);
f) access to inspect the work and the premises on which any work is performed, in
accordance with the Access and Inspection Article in these General Provisions; and
g) a copy of these General Provisions and a copy of the Statement of Work and any other
provisions in the Program Attachment(s) applicable to the subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall
monitor subcontractors for both financial and programmatic performance and shall maintain
pertinent records that must be available for inspection by DSHS. Contractor shall ensure that
subcontractors are fully aware of the requirements placed upon them by state/federal statutes,
rules, and regulations and under this Contract. Contractor shall not contract with a
subcontractor, at any tier, that is debarred or suspended or excluded from or ineligible for
participation in federal assistance programs.
General Provisions (Core Subrecipient) 2010 22
Section 12.13 Status of Subcontractors. Contractor shall include in all its contracts with
subcontractors, the certifications stated in the Assurances and Certifications Article of these
General Provisions. Contractor shall also require all subcontractors [o certify that they are not
delinquent on any repayment agreements; have not had a required license or certification
revoked; and have not had a contract terminated by the Department. Contractors shall further
require that subcontractors certify that they have not voluntarily surrendered within the past three
(3) years any license issued by the Department.
Section 12.14 Incorporation of Terms. Contractor shall ensure that all written agreements
with subrecipient subcontractors incorporate the terms of this Contract, and provide that the
subcontractor is subject to audit by DSHS, HHSC and the SAO.
Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor
shall direct and be responsible for the performance of its employees, subcontractors, joint
venture participants or agents. Contractor is not an agent or employee of the Department or the
State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor
acknowledges that its employees, subcontractors, joint venture participants or agents will no[ be
eligible for unemployment compensation from the Department or the State of Texas.
Section 12.16 Authority to Bind. The person or persons signing this Contract on behalf of
Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant
and guarantee that they have been duly authorized by Contractor to execute this Contract for
Contractor and to validly and legally bind Contractor to all of its terms.
Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is
solely responsible for filing all required state and federal tax forms and making all tax payments.
In the event that the Department discovers that Contractor has failed to remain current on a
liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract,
including immediate termination at the Department's discretion. In the event of Contract
termination under this section, the Department will not enter into a contract with Contractor for
three (3) years from the date of termination.
Section 12.18 Notice of Organizational Change. Contractor shall submit written notice to the
Division Contract Management Unit assigned to the Program Attachment within ten (]0)
business days of any change to the following: Contractor's name; contact information; key
personnel, officer, director or partner; organizational structure; legal standing; or authority to do
business in Texas. A change in Contractor's name requires an amendment to this Contract in
accordance with the Amendments section of these General Provisions.
Section 12.19 Quality Management. Contractor shall comply with quality management
requirements as directed by the Department.
Section 12.20 Equipment (Including Controlled Assets) Purchases. Equipment means an
article of nonexpendable, tangible personal property having a useful lifetime of more than one
year and an acquisition cost of $5,000 or more, and "controlled assets." Controlled assets
include firearms regardless of the acquisition cost, and the following assets with an acquisition
cost of $500 or more: desktop and laptop computers, non-potYable printers and copiers,
General Provisions (Core subrecipient) 2010 23
emergency management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement payment
method shall inventory all equipment. If the purchase of equipment is approved in writing by the
Department, Contractor is required to initiate the pw'chase of that equipment in the first quarter
of the Contract or Program Attachment term, as applicable. Failure to initiate the purchase of
equipment may result in loss of availability of funds for the purchase of equipment. Requests to
purchase previously approved equipment after the first quarter of the Program Attachment must
be submitted to the Division Contract Management Unit assigned to the Program Attachment.
Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the
services under this Contract including medical supplies, drugs, janitorial supplies, office
supplies, patient educational supplies, software, and any items of tangible personal property
other than those defined as equipment above.
Section 12.22 Changes to Equipment List. All items of equipment purchased with funds
under this Contract shall be itemized in Contractor's equipment list as finally approved by the
Department in the executed Contract. Any changes to the approved equipment list in the
executed Contract must be approved in writing by Department prior to the purchase of
equipment. Contractor shall submit to the Division Contract Management Unit assigned to the
Program Attachment, a written description including complete product specifications and need
justification prior to purchasing any item of unapproved equipment. If approved, Department
will acknowledge its approval by means of a written amendment or by written acceptance of
Contractor's Contract Revision Request, as appropriate.
Section 12.23 Equipment Inventory and Protection of Assets. Contractor shall maintain an
inventory of equipment and submit an annual cumulative report to the Department's Contract
Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347,
no later than October 15'h of each year. The report is located on the DSHS website at
htto://www.dshs state tx us/contracts/forms shtm. Contractor shall administer a program of
muntenance, repair, and protection of assets under this Contract so as to assure their full
availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this Contract,
Contractor shall use the proceeds to repair or replace those assets.
Section 12.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department
property, equipment, and supplies in possession of Contractor from [he bankruptcy, and title
shall revert to Department. If directed by DSHS, Contractor shall return all such property,
equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a
specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor
must sever Department property, equipment, and supplies in possession of the subcontractor
from the bankruptcy, and title reverts to Department, who may require that the property,
equipment and supplies be returned to DSHS.
Section 12.25 Title to Property. At the conclusion of the contractual relationship between the
Department and the Contractor, for any reason, title to any remaining equipment and supplies
purchased with funds under this Contract reverts to Department. Title may be transferred to any
Genera] Provisions (Core Subrecipient) 2010 24
other party designated by Department. The Department may, at its option and to the extent
allowed bylaw, transfer the reversionary interest to such property to Contractor.
Section 12.26 Property Acquisitions. Department funds may not be used to purchase buildings
or real property. Any costs related to the initial acquisition of the buildings or real property are
not allowable.
Section 12.27 Disposition of Property. Contractor shall follow the procedures in the American
Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in
disposing, at any time during or after the Contract term, of equipment purchased with the
Department funds, except when federal or state statutory requirements supersedes or when the
equipment requires licensure or registration by the state, or when the acquisition price of the
equipment is equal to or greater than $5,000. All other equipment not listed in the AHA
reference (other than equipment that requires licensure or registration or [hat has an acquisition
cost equal to or greater than $5,000) shall be controlled by the requirements of UGMS. If, prior
to the end of the useful life, any item of equipment is no longer needed to perform services under
this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had
an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval
and instructions in writing from the Division Contract Management Unit assigned to the Program
Attachment. After an item reaches the end of its useful life, Contractor must ensure that
disposition of any equipment is in accordance with Generally Accepted Accounting Principles,
and any applicable federal guidance.
Section 12.28 Closeout of Equipment. At the end of the term of a Program Attachment that
has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment
is otherwise terminated, Contractor shall submit to the Division Contract Management Unit
assigned to the Program Attachment, an inventory of equipment purchased with Department
funds and request disposition instructions for such equipment. All equipment purchased with
Department funds shall be secured by the Contractor at the time of Closeout or termination of the
Program Attachment and shall be disposed of according to the Department's disposition
instructions, which may include return of the equipment to DSHS or transfer of possession to
another DSHS contractor, at the Contractor's expense.
Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment
method shall not encumber equipment purchased with Department funds without prior written
approval from the Department.
ARTICLE XIII GENERAL TERMS
Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or
in part, in this Contract, or in any equipment purchased with funds from this Contract, without
the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with Tex. Gov Code § 556.0055, which
prohibits contractors who receive state funds from using those funds to pay lobbying expenses.
Further, Contractor shall not use funds paid under this Contract to pay any person for influencing
or attempting to influence an officer or employee of any federal or state agency, a member of
General Provisions (Core Subrecipient) 2010 25
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any contract or the extension, continuation, renewal,
amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this
Contract exceeds $100,000 of federal funds, Contractor shall file with the Division Contract
Management Unit assigned to the Program Attachment a declaration containing the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf
of Contractor in connection with this Contract, a certification that none of the funds provided by
Department have been or will be used for payment to lobbyists, mid disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file
the declaration, certification, and disclosure at the time of application for this Contract; upon
execution of this Contract unless Contractor previously filed a declaration, certification, or
disclosure form in connection with the award; and at the end of each calendar quarter in which
there occurs any event that materially affects the accuracy of the information contained in any
declaration, certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and disclosure with
the Division Contract Management Unit assigned to the Program Attachment. Contractor shall
also comply, as applicable, with the lobbying restrictions and requirements in OMB Circulars A-
122 Attachment B paragraph 25; A-87 Attachment B section 27; A-110 section_.27 and A-21
paragraphs 17 and 24. Contractor shall include this provision in any subcontracts.
Section 13.03 Conflict of Interest. Contractor represents to the Department that it does not
have nor shall it knowingly acquire any financial or other interest that would conflict in any
manner with the performance of its obligations under this Contract. Potential conflicts of interest
include, but are not limited to, an existing or potential business or personal relationship between
Contractor, its principal (or a member of the principal's immediate family), or any affiliate or
subcontractor and Department or HHSC, their commissioners, officers or employees, or any
other entity or person involved in any way in any project that is the subject of this Contract.
Contractor shall establish safeguards to prohibit employees from using their positions for a
purpose [hat constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain.
Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to
DSHS any transactions between Contractor and a related party that is part of the work that the
Department is purchasing under this Contract before entering into the transaction or immediately
upon discovery. Contractor shall submit to the Division Contract Management Unit assigned to
the Program Attachment the name, address and telephone number of the related party, how the
party is related to the Contractor and the work the related party will perform under this Contract.
A related party is a person or entity related to the Contractor by blood or marriage, common
ownership or any association that permits either to significantly influence or direct the actions or
policies of the other. The Contractor, for purposes of reporting transactions between related
parties, includes the entity contracting with the Department under this Contract as well as the
chief executive officer, chief financial officer and program director of the Contractor. Contractor
shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply
any additional information requested by the Department, regarding a transaction between related
parties, needed to enable the Department to determine the appropriateness of the transaction
pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR
part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS.
General Provisions (Core Subrecipient) 2010 26
Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to
protect intellectual property developed as a result of this Contract.
a) "Intellectual property" means created property that may be protected under copyright,
patent, or [rademark/service mark law.
b) For purposes of this Contract intellectual property prepared for DSHS use, or a work
specially ordered or commissioned through a contract for DSHS use is "work made for
hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the
extent that title and interest to any such work may not, by operation of law, vest in DSHS
or such work may not be considered a work made for hire, Contractor irrevocably assigns
the rights, title and interest therein to DSHS. DSHS shall have the right [o obtain and
hold in its name any and all patents, copyright, registrations or other such protections as
may be appropriate to the subject matter, and any extensions and renewals thereof.
Contractor must give DSHS and the State of Texas, as well as any person designated by
DSHS and the State of Texas, all assistance required to perfect the rights defined herein
without charge or expense beyond those amounts payable to Contractor for goods
provided or services rendered under this Contract.
c) If federal funds are used to finance activities supported by this Contract that result in the
production of intellectual property, [he 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
intellectual property developed under this Contract, including any subcontract; and (2)
any rights of copyright to which a Contractor purchases ownership with contract funds.
Contractor 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 a encv)" or "The project
described was supported by grant number from --
(federal awarding a ency)" and "Its contents are solely the responsibility of [he authors
and do not necessarily represent the official views of the (federal awardino agencv)."
d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves aroyalty-free, nonexclusive, worldwide and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for DSHS, public health, and
state governmental noncommercial purposes (1) the copyright, trademark, service mark,
and/or patent on an invention, discovery, or improvement to any process, machine,
manufacture, or composition of matter; products; technology; scientific information;
trade secrets; and computer software, in any work developed under a grant, subgrant, or
contract under a grant or subgrant; and (2)
any rights of copyright, service or trade marks or patents to which a grantee, subgrantee
or a Contractor purchases ownership with contract funds.
e) If the results of the contract performance are subject to copyright law, the Contractor
cannot publish those results without prior review and approval of DSHS. Contractor shall
submit requests for review and approval to the Division Contract Management Unit
assigned to the Program Attachment.
General Provisions (Core Subrecipient) 2010 ~~
Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship
between Department and the Contractor, for any reason, Department shall have the sole
ownership rights and interest in all non-copyrightable intangible property that was developed,
produced or obtained by Contractor as a specific requirement under this Contract or under any
grant that funds this Contract, such as domain names, URLs, etc. Contractor shall cooperate
with Department and perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and interest in
such property. This provision shall survive the termination or expiration of this Contract.
Section 13.07 Severability and Ambiguity. 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. The Parties
represent and agree that the language contained in this Contract is to be construed as jointly
drafted, proposed and accepted.
Section 13.08 Lega! Notice. Any notice required or permitted to be given by the provisions of
this Contract shall be deemed to have been received by a Party on the third business day after the
date on which it was mailed to the Party at the address specified by the Party to the other Party in
writing or, if sent by certified mail, on the date of receipt.
Section 13.09 Successors. This Contract shall be binding upon the Parties and their successors
and assignees, except as expressly provided in this Contract.
Section 13.]0 Headings. The articles and section headings used in this Contract are for
convenience of reference only and shall not be construed in any way to define, limit or describe
the scope or intent of any provisions.
Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar
with transactions of the kind reflected by the contract documents, and are capable of
understanding the terminology and meaning of their terms and conditions and of obtaining
independent legal advice pertaining to this Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program
Attachment 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 (c) by their nature would be intended to be
applicable following any such termination or expiration.
Section 13.13 Direct Operation. At the Department's discretion, the Department may
temporarily assume operations of a Contractor's program or programs funded under this Contract
when the continued operation of the program by Contractor puts at risk the health or safety of
clients and/or participants served by the Contractor.
Section 13.14 Customer Service Information. If requested, Contractor shall supply such
information as required by the Department to comply with the provisions of Tex. Gov. Code
Chapter 21 14 regarding Customer Service surveys.
Genera] Provisions (Core Subrecipient) 2010
28
Section 13.15 Amendment. Pasties agree that the Department may unilaterally reduce funds
pursuant to the terms of this Contract without the written agreement of Contractor. All other
amendments to this Contract must be in writing and agreed to by both Parties, except as
otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions
section or the Contractor's Request for Revision to Certain Contract Provisions section of this
Article. Contractor's request for certain budget revisions or other amendments must be
submitted in writing, including ajustification for the request, to the Division Contract
Management Unit assigned to the Program Attachment; and if a budget revision or amendment is
requested during the last quarter of the Contract or Program Attachment term, as applicable,
Contractor's written justification must include a reason for the delay in making the request.
Revision or other amendment requests may be granted at the discretion of DSHS. Except as
otherwise provided in this Article, Contractor shall not perform or produce, and DSHS shall not
pay for the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in compliance with
this section; and DSHS may not waive any term, covenant, or condition of this Contract unless
by amendment or otherwise in compliance with this Article.
Section ]3.16 Contractor's Notification of Change to Certain Contract Provisions. The
following changes may be made to this Contract without a written amendment or the
Department's prior approval:
a) contractor's contact person and contact information;
b) contact information for key personnel, as stated in Contractor's response to the
Solicitation Document, if any;
c) cumulative budget line item transfers that exceed ] 0% among direct cost categories, other
than the equipment category, of cost reimbursement contract Program Attachments o_f
less than 8100 000, provided that the tota] budget amount is unchanged;
d) minor corrections or clarifications to the Contract language that in no way alter the scope
of work, objectives or performance measures; and
e) a change in the Contractor's share of the budget concerning non-DSHS funding other
than program income and match, regardless of the amount of the change, provided that in
changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten (10) calendar days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated in this section.
The notification may be by letter, fax or email. Cumulative budge[ line item transfers of ]0% or
less among direct cost categories, other than equipment, of cost reimbursement contracts of any
amount do not require written amendment or prior approval or notification.
Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A
Contractor's Revision Request is an alternative method for amending certain specified provisions
of this Contract that is initiated by the Contractor, but must be approved by DSHS. The
following amendments to this Contract may be made through a Contractor's Revision Request,
rather than through the amendment process described in the Amendment section of this Article:
a) cumulative budget line item transfers among direct cost categories, other than the
equipment category, that exceed 10% of Program Attachments of $100 000 or mnre
provided that the total budget amount is unchanged;
General Provisions (Core Subrecipient) 2010
29
b) line item transfer to other categories of funds for direct payment to trainees for training
allowances;
c) change in clinic hours or location;
d) change in equipment list substituting an item of equipment equivalent to an item of
equipment on the approved budget, (For example, purchase of XYZ brand computer
instead of approved ABC brand computer with essentially identical features as the XYZ
computer);
e) changes in the equipment category of a previously approved equipment budget (other
than acquisition of additional equipment, which requires an amendment to this Contract);
f) changes specified in applicable OMB Circular cost principles as requiring prior approval,
regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums,
membership fees); and
g) changes to community sites, independent school districts or schools, in substance abuse
Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall obtain a
Contract Revision Request form from the DSHS website and complete the form as directed by
the Department. Two copies of the completed form must be signed by Contractor's
representative who is authorized to sign contracts on behalf of Contractor, and both original,
signed forms must be submitted to the Division Contract Management Unit assigned to the
Program Attachment. Any approved revision will not be effective unless signed by the DSHS
Director of the Client Services Contracting Unit. A separate Contractor Revision Request is
required for each Program Attachment to be revised. Circumstances of a requested contract
revision may indicate the need for an amendment described in the Amendment section of this
Article rather than a contract revision amendment under this section.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO
PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A
WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM
SUITOR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY
HAVE BY OPERATION OF LAW.
Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor,
agrees to hold Department, the State of Texas, individual state employees and officers, and the
federal government harmless and to indemnify them from any and all liability, suits, claims,
losses, damages and judgments, and to pay al] costs, fees, and damages to the extent that such
costs, fees, and damages arise from performance or nonperformance of Contractor, its
employees, subcontractors, joint venture participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain
of any action, non-action or default under this Contract shall not constitute a waiver of either
Party's rights under this Contract.
Section 13.21 Electronic and Information Resources Accessibility Standards. As required
by f Tex. Admin. Code Chapter 213, as a state agency, DSHS must procure products that
comply with the State of Texas Accessibility requirements for Electronic and Information
Resources specified in I Tex. Admin. Code Chapter 2l3 when such products are available in the
General Provisions (Core Subrecipient) 2010
30
commercial marketplace or when such products are developed in response to a procurement
solicitation. If performance under this Contract includes the development, modification or
maintenance of a website or other electronic and information resources for DSHS or for the
public on behalf of DSHS, Contractor shall provide the Department of Information Resources
(DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing
compliance with the State of Texas Accessibility requirements (based on the federal standards
established under Sectiar 508 of the Rehabilitation Act), or indicate that the producdservice
accessibility information is available from the General Services Administration "Buy Accessible
Wizard" (httn://www buv accessible ov ). Contractors not listed with the "Buy Accessible
Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the
same accessibility criteria in substantively the same format. Additional information regarding
the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at
httm://www Section508 eon/.
Section 13.22 Force Majeure. Neither Party will be liable for any failure or delay in
performing all or some of its obligations, as applicable, under this Contract if such failure or
delay is due to any cause beyond the reasonable control of such Party, including, but not litnited
to, extraordinazily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war,
court order, or acts of God. The existence of any such cause of delay or failure will extend the
period of performance in the exercise of reasonable diligence until after the cause of [he delay or
failure has been removed and, if applicable, for any reasonable period of time [hereafter required
to resume performance. A Party, within a period of time reasonable under the circumstances,
must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable,
must submit written notice with proof of receipt, of the existence of a farce majeure event or
otherwise waive the right as a defense to non-performance.
Section 13.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program
Attachments shall automatically continue as an "Interim Contract" beyond the expiration date of
the term of the Contract or Program Attachment(s), as applicable, under the following
circumstances: (1) on or shortly prior to the expiration date of the Contract or Program
Attachment, there is a state of disaster declared by the Governor that affects the ability or
resources of the DSHS contract or program staff managing the Contract to complete in a timely
manner the extension, renewal, or other standard contract process for the Contract or Program
Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim
Contract is appropriate under the circumstances. DSHS shall notify Contractor promptly in
writing if such a determination is made. The notice will specify whether DSHS is extending the
Contract or Program Attachment for additional time for Contractor to perform or complete the
previously contracted goods and services (with no new or additional funding) or is purchasing
additional goods and services as described in the Program Attachment for the term of the Interim
Contract, or both. The notice will include billing instructions and detailed information on how
DSHS will fund the goods or services to be procured during the Interim Contract term. The
Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless
the Parties agree to a shorter period of time.
General Provisions (Core Subrecipient) 2010
31
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-
COMPLIANCE
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute
breach of contract include, but are not limited to, the following:
a) failure to properly provide the services and/or goods purchased under this Contract;
b) failure to comply with any provision of this Contract, including failure to comply with all
applicable statutes, rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the Department or agreed order
issued by the Department;
e) failure by Contractor to provide a full accounting of funds expended under this Contract;
f) discovery of a material misrepresentation in any aspect of Contractor's application or
response to the Solicitation Document;
g) any misrepresentation in the assurances and certifications in the Contractor's application
or response to the Solicitation Document or in this Contract; or
h) Contractor is on or is added to the Excluded Parties List System (EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for
both programmatic and financial compliance. The remedies set forth below are available to the
Department against Contractor and any entity that subcontracts with Contractor for provision of
services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of
sanctions to Department for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more remedies or sanctions for each item of
noncompliance and will determine sanctions on a case-by-case basis. Contractor is responsible
for complying with all of the terms of this Contract. The listing of or use of one or more of the
remedies or sanctions listed below does not relieve Contractor of any obligations under this
Contract. A state or federal statute, rule or 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. If the Contractor breaches this
Contract by failing to comply with one or more of the terms of this Contract, including but not
limited to compliance with applicable statutes, rules or regulations, the Department may take one
or more of the actions listed below:
a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific
program type. In the case of termination, the Department will inform Contractor of the
termination no less than thirty (30) calendar days before the effective date of the
termination in a notice of termination, except for circumstances that require immediate
termination as described in the Emergency Action section of this Article. The notice of
termination will state the effective date of the termination, the reasons for the
termination, and, if applicable, alert the Contractor of the opportunity to request a hearing
on the termination pursuant to Tex. Gov. Code Chapter 2105 regazding administration of
Block Grants. The Contractor agrees that it shall not make any claim for payment or
reimbursement for services provided from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the context, either (1)
the temporary withdrawal of Contractor's authority to obligate funds pending corrective
action by Contractor or its subcontractor(s) or pending a decision to terminate or amend
General Provisions (Core Subrecipient) 2010 32
this Contract, or (2) an action taken by the Department to immediately exclude a person
from participating in contract transactions for a period of time, pending completion of an
investigation and such legal or debarment proceedings as may ensue. Contractor may not
bill DSHS for services performed during suspension, and Contractor's costs resulting
from obligations incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts with Contractor;
d) reduce the funding amount for failure to 1) provide goods and services as described in
this Contract or consistent with Contract performance expectations, 2) achieve or
maintain the proposed level of service, 3) expend funds appropriately and at a rate that
will make full use of the award, or 4) achieve local match, if required;
e) disallow costs and credit for matching funds, if any, for all or part of the activities or
action not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash payments means the
temporary withholding of a working capita] advance, if applicable, or reimbursements or
payments to Contractor for proper charges or obligations incurred, pending resolution of
issues of noncompliance with conditions of this Contract or indebtedness to the United
States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of cash payment means
that Department retains funds billed by Contractor for (1) unallowable, undocumented,
disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with
Contract provisions; or (3) indebtedness to [he United States or to the State of Texas;
h) declare this Contract void upon the Department's determination that this Contract was
obtained fraudulently or upon the Department's determination that this Contract was
illegal or invalid from this Contract's inception and demand repayment of any funds paid
under this Contract;
i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or
any other state bid list, and barred from participating in future contracting opportunities
with the State of Texas;
j) delay execution of a new contract or contract renewal with Contractor while other
imposed or proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will be placed on
accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance must be resoh~ed or substantial improvement shown by Contractor.
Accelerated monitoring means more frequent or more extensive monitoring will be
performed by Department than would routinely be accomplished;
1) require Contractor to obtain technical or managerial assistance;
m) establish additional prior approvals for expenditure of funds by Contractor;
n) require additional or more detailed, financial and/or programmatic reports to be submitted
by Contractor;
o) demand repayment from Contractor when it is verified that the Contractor has been
overpaid, e.g., because of disallowed costs, payments not supported by proper
documentation, improper billing or accounting practices, or failure to comply with
Contract terms;
p) pursue a claim for damages as a result of breach of contract;
General Provisions (Core Subrecipient) 2010 33
q) require Contractor to prohibit any employee of Contractor from performing under this
Contract or having direct contact with DSHS-funded clients or participants, or require
removal of any officer or governing body member, if the employee, officer or member of
the governing body has been indicted or convicted of the misuse of state or federal funds,
fraud or illegal acts that are in contraindication to continued obligations under this
Contract, as reasonably determined by DSHS;
r) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, or
any penalty (if the penalty is permitted by statute) imposed by DSHS, and take repayment
from funds available under this Contract in amounts necessary to fulfill Contractor's
payment or repayment obligations;
s) reduce the Contract term;
t) recoup improper payments when it is verified that the Contractor has been overpaid, e.g.,
because of disallowed costs, payments not supported by proper documentation, improper
billing or accounting practices or failure to comply with Contract terms;
u) assess liquidated damages; or
v) impose other remedies or penalties permitted by statute.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in
writing when a remedy or sanction is imposed (with the exception of accelerated monitoring,
which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for
imposing them, the corrective actions, if any, that must be taken before the actions will be
removed and the time allowed for completing the corrective actions, and the method, if any, of
requesting reconsideration of the remedies and sanctions imposed. Other than in the case of
repayment or recoupment, Contractor is required to file, within fifteen (I S) calendar days of
receipt of notice, a written response to Department acknowledging receipt of such notice. If
requested by the Department, the written response shall state how Contractor shall correct the
noncompliance (corrective action plan) or demonstrate in writing that the findings on which the
remedies or sanction(s) are based aze either invalid or do not warrant the remedies or sanction(s).
If Department determines that a remedy or sanction is warranted, unless the remedy or sanction
is subject to review under a federal or state statute, regulation, rule, or guideline, Department's
decision is final. Department shall provide written notice to Contractor of Department's
decision. If required by the Department, Contractor shall submit a corrective action plan for
DSHS approval and take corrective action as stated in the approved corrective action plan. If
DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor
for repayment. If full repayment is not received within the time limit stated in the demand letter,
and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise
due to Contractor under this Contract.
Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or
suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny
future contract awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An "emergency" is defined
as the following:
a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the
public or client health, welfare or safety. The direct adverse impact may be
programmatic or financial and may include failing to provide services, providing
inadequate services, providing unnecessary services, or utilizing resources so that the
General Provisions (Core Subrecipient) 2010 34
public or clients do not receive the benefits contemplated by the scope of work or
performance measwes; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be determined by
Department on a case-by-case basis and will be based upon the nature of the noncompliance or
conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT
Section 15.01 Breach of Contract Claim. The process for- a breach of contract claim against
the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department
Rules §§ 1.431-1.447 shall be used by DSHS and Connractor to attempt to resolve any breach of
contract claim against DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot
resolve in the ordinary course of business shall be submitted to the negotiation process provided
in Tex. Gov Code Chapter 2260, subchapter' B. To initiate the process, Contractor shall submit
written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice
shall specifically state that the provisions of Chapter 226Q subchapter B, are being invoked. A
copy of the notice shall also be given to all other representatives of DSHS and Contractor.
Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex.
Gov. Code Chapter 2260, subchapter C.
Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter
2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and
all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under
this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case process
provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking
consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither
the execution of this Contract by DSHS nor any other conduct of any representative of DSHS
relating to this Contract shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the
pendency of a claim constitutes grounds for the suspension of performance by Contractor, in
whole or in part.
ARTICLE XVI TERMINATION
Section 16.01 Expiration of Contract or Program Attachment(s). Except as provided in the
Survivability of Terms section of the General Terms Article. Contractor's service obligations set
forth in each Program Attachment shall end upon the expiration date of that Program Attachment
unless extended or renewed by written amendment. Prior to completion of the term of all
General Provisions (Core Subrecipient) 2010 35
Program Attachments, all or a part of this Contract may be terminated with or without cause as
set forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's
authority to obligate previously awarded funds before that authority would otherwise expire or
the voluntary relinquishment by Contractor of the authority to obligate previously awarded
funds. Contractor's costs resulting from obligations incurred by Contractor after termination of
an award are not allowable unless expressly authorized by [he notice of termination. Upon
termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate
with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities
under [his Contract or Program Attachment, as applicable, to DSHS or other entity designated by
DSHS. Upon termination of all or part of this Contract, Department and Contractor will be
discharged from any further obligation created under the applicable terms of this Contract or the
Program Attachment, as applicable, except for the equitable settlement of the respective accrued
interests or obligations incurred prior to termination and for Contractor's duty to cooperate with
DSHS, and except as provided in the Survivability of Terms section of the General Terms
Article. Termination does not. however constitute a waiver of anv remedies for breach of this
Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of
mformahon shall survive this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not include the
Department's (1) withdrawal of funds awarded on the basis of the Contractor's underestimate of
the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the
expiration of the term of a program attachment; (3) refusal to extend a program attachment or
award additional funds to make a competing or noncompeting continuation, renewal, extension,
or supplemental award; (4) non-renewal of a contract or program attachment at Department's
sole discretion; or (5) voiding of a contract upon determination that the award was obtained
fraudulently, or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at
least thirty (30) calendar days prior written notice to the other Party, except that if
Contractor seeks to terminate a Contract or Program Attachment that involves residential
client services, Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client services are not
disrupted.
b) The Parties may terminate this Contract or a Program Attachment by mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment with at least thirty (30)
calendar days prior written notice to the other Party in the event funds become
unavailable through lack of appropriations, budget cuts, transfer of funds between
programs or health and human services agencies, amendments to the Appropriations Act,
health and human services consolidations, or any disruption of current appropriated
funding for this Contract or Program Attachment.
d) Department may terminate this Contract or a Program Attachment immediately when, in
the sole determination of Department, termination is in the best interest of the State of
Texas.
General Provisions (Core Subrecipient) 2010 36
Section 16.05 Termination For Cause. Either Party may terminate for material breach of this
Contract with at least thirty (30) calendar days written notice to the other Party. Department may
terminate this Contract, in whole or in part, for breach of contract or for any other conduct that
jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to
Contractor. Such conduct may include one or more of the following:
a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any
public authority having jurisdiction;
b) Contractor fails to communicate with Department or fails to allow its employees or those
of its subcontractor to communicate with Department as necessary for the performance or
oversight of this Contract;
c) Contractor breaches a standard of confidentiality with respect to the services provided
under this Contract;
d) Department determines that Contractor is without sufficient personnel or resources to
perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill
any of its requirements under this Contract or exercise adequate control over expenditures
or assets;
e) Department determines that Contractor, its agent or another representative offered or
gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC
for the purpose of obtaining a contract or favorable treatment;
f) Department determines that this Contract includes financial participation by a person who
received compensation from DSHS to participate in developing, drafting or preparing the
specifications, requirements or statement(s) of work or Solicitation Document on which
this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department
determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code
§§ 2155.006 or 2261.053 related to certain disaster response contracts;
g) Contractor appears to be financially unstable. Indicators of financial instability may
include one or more of the following:
1) Contractor fails to make payments;
2) Contractor makes an assignment for the benefit of its creditors;
3) Contractor admits in writing its inability to pay its debts generally as they become
due;
4) ifjudgment for the payment of money in excess of $50,000 (that is not covered by
insurance) is rendered by any court or governmental body against Contractor, and
Contractor does not (a) discharge [he judgment or (b) provide for its dischazge in
accordance with its terms, or (c) procure a stay of execution within thirty (30)
calendar days from the date of entry of the judgment, and within the thirty (30)-day
period or a longer period during which execution of the judgment has been stayed,
appeal from the judgment and cause the execution to be stayed during such appeal
while providing such reserves for the judgment as may be required under generally
accepted accounting principles;
5) a writ or warrant of attachment or any similar process is issued by any court against
all or any material portion of the property of Contractor, and such writ or wan~ant of
attachment or any similar process is not released or bonded within thirty (30) calendaz
days after its entry;
6) Contractor is adjudicated bankrupt or insolvent;
General Provisions (Core Subrecipient) 2010 37
7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any
provision of any bankruptcy, 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;
8) any property or portion of the property of Contractor is sequestered by court order
and the order remains in effect for more than thirty (30) calendar days after
Contractor obtains knowledge thereof;
9) a petition is filed against Contractor under any state reorganization, arrangement,
insolvency, readjustment of debt, dissolution, receivership or liquidation law of any
jurisdiction, whether now or hereafter in effect, and such petition is not dismissed
within thirty (30) calendar days;
l0) Contractor consents to the appointment of a receiver, trustee, or liquidator of
Contractor or of all or any part of its property;
h) Contractor's management system does not meet the UGMS management standards; or
i) Any required license, certification, permit, registration or approval required to conduct
Contractor's business or to perform services under this Contract is revoked, is
surrendered, expires, is not renewed, is inactivated or is suspended.
Section 16.06 Notice of Termination. 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, Department and Contractor shall attempt to resolve any issues related to the
anticipated termination in good faith during the notice period.
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS
Section 17.01 Void Contracts. Department may hold this Contract void upon determination
that the award was obtained fraudulently or was otherwise illegal or invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A
Contractor who has been a party to a contract with DSHS that has been found to be void,
suspended, or terminated for cause is not eligible for expansion of current contracts, if any, or
new contracts or renewals until the Department has determined that Contractor has satisfactorily
resolved the issues underlying the suspension or termination. Additionally, if this Contract is
found to be void, any amount paid is subject to repayment.
Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice
from the Department of termination of a contract with DSHS funded by block grant funds,
Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001.
ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION
General Provisions (Core Subrecipient) 2010 38
Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program
Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its
own terms. Contractor shall cease services under this Contract or Program Attachment; and shall
cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as
necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS
or other entity designated by DSHS. Upon receiving notice of Contract or Program Attachment
termination or non-renewal, the Contractor agrees to immediately begin to effect an orderly and
safe transition of recipients of services to alternative service providers, as needed. Contractor
also agrees to completely cease providing services under this Contract or Program Attachment
by the date specified in the termination or non-renewal notice. Contractor shall not bill DSHS
for services performed after termination or expiration of this Contract or Program Attachment, or
incur any additional expenses once this Contract or Program Attachment is terminated or has
expired. Upon tetmination, expiration or non-renewal of this Contract or a Program Attachment,
Contractor shall immediately initiate Closeout activities described in this Article.
Section 18.02 Administrative Offset. The Department shall have the right to administratively
offset amounts owed by Contractor against billings.
Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and
other Closeout reports required under this Contract within sixty (60) calendar days after the
Contract or Program Attachment end date. Unless otherwise provided under [he Final Billing
Submission section of the Payment Methods and Restrictions Article, the Department is not
liable for any claims [hat are not received within sixty (60) calendar days after the Contract or
Program Attachment end date.
Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount
to which the Contractor is finally determined to be entitled under the terms of this Contract
constitute a debt to the Department and will result in a refund due. Contractor shall pay any
amount due within the time period established by the Department.
Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program
Attachment does not affect the Department's right to disallow costs and recover funds on the
basis of a later audit or other review or the Contractor's obligation to return any funds due as a
result of later refunds, corrections, or other transactions.
Section 18.06 Contract Reconciliation. If Contractor is required to annually reconcile multi-
year contracts, Contractor, within sixty (60) calendar days after the end of each year of this
Contract, shall submit to the Division Contract Management Unit assigned to the Program
Attachment all financial and reconciliation reports required by Department in forms as
determined by Department. Required reconciliation forms and reports may include the
following: Cash Match Participation Form, In-kind Match Participation Form, Program Income
Report, Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, and
Reconciliation Refund Remittance Form. Any additional forms or reports required by
Department will be posted on the DSHS website prior to the reconciliation period. Unless
otherwise directed by Department, all forms and reports must be submitted in hard copies, with
original signatures if required, to DSHS by the due date.
General Provisions (Core Subrecipient) 2010 39
DOCUMENT NO. 2009-031813-
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000352597
CONTRACTOR: PORT ARTHUR CITY HEALTH DEPARTMENT
DSHS PROGRAM: CPS-BIOTERRORISM PREPAREDNESS
TERM: OS/01/2009 THRU:07/31/2010
SECTION I. STATEMENT OF WORK:
Contractor shall perform activities in support of the Centers for Disease Control and
Prevention (CDC) Budget Period 10 Cooperative Agreement Work Plan for Public
Health Emergency Preparedness (Funding Opportunity AA154) designed to upgrade and
integrate state and local public health jurisdictions' preparedness for and response to
bioterrorism, outbreaks of infectious disease, and other public health threats and
emergencies.
CONTRACTOR shall continue to address the following CDC Public Health Emergency
Preparedness (PHEP) Goals:
• Goal 1 -Prevent: Increase the use and development of interventions known to
prevent human illness from chemical, biological, radiological agents, and
naturally occurring health threats.
• Goal 2 -Prevent: Decrease the time needed to classify health events as
terrorism or naturally occurring in partnership with other agencies.
• Goal 3 -Detect/Report: Decrease the time needed to detect and report chemical,
biological, radiological agents in tissue, food, or environmental samples that
cause threats to the public's health.
• Goal 4 - Detect/Report: Improve the timeliness and accuracy of information
regarding threats to the public's health as reported by clinicians and through
electronic early event detection in real time to those who need to know.
• Goal 5 -Investigate: Decrease the time to identify causes, risk factors, and
appropriate interventions for those affected by threats to the public's health.
• Goal 6 -Control: Decrease the time needed to provide countermeasures and
health guidance to those affected by threats to the public's health.
• Goal 7 -Recover: Decrease the time needed to restore health services and
environmental safety to pre-event levels.
• Goal 8 - Recover: Increase the long-term follow-up provided to those affected
by threats to the public's health.
• Goal 9 -Improve: Decrease the time needed to implement recommendations
from after-action reports following threats to the public's health.
ATTACHMENT-Page 1
CONTRACTOR will support the following Department of State Health Services (DSHS)
Health and Medical Priority Projects for FFY09:
• Countermeasure Distribution
o Contractor shall document the following evidence-based benchmarks
and objective standards:
• Demonstrate capability to dispense material during a public health
emergency to include:
• Obtain a minimum score of 80 on the Strategic National
Stockpile (SNS) Technical Assistance Report (TAR) by
completing required plans, procedures, memorandums of
agreement for resources needed, and rosters of staff and/or
volunteers for response.
• Conduct at least two (2) Points of Dispensing (POD) drills
and submit corresponding documentation by July 31, 2010.
These drills will include staff call down and at least one (I )
of the following: site activation, facility set-up, dispensing,
and/or modeling of throughput
o Identify priority group members within the jurisdictional population for
pandemic influenza countermeasure distribution.
o If required to participate in the Countermeasure Response Administration
(CRA) 2009 Pandemic Influenza Vaccine Administration Exercise,
provide required documentation regarding 2009 seasonal influenza mass
vaccination clinics.
• Disease Surveillance
o Improve disease surveillance by assisting hospital and reference
laboratories processing of electronic messages to increase the number of
laboratory observations in the National Electronic Disease Surveillance
System (NEDSS)
• Tactical Communications
o Improve local public health capabilities in redundant communication
methods including use of mobile radio communications that are
interactive with local and regional emergency first responders.
o Developing communication caches within Health Service Regions that
can be used at a location that has suffered a significant emergency event.
• All Hazards Planning
o Assist if needed in completing the Medical Special Needs appendix to
Annex H of the State of Texas Emergency Management Plan
• Workforce Training
o Facilitate competency based educational activities.
DSHS encourages partnership and cooperation within and between jurisdictions in the
State of Texas related to preparedness activities. Partnership opportunities may include,
but are not limited to, planning activities, exercises, training and response to events or
emergencies.
ATTACHMENT- Page 2
Contractor shall comply with all applicable federal and state laws, rules, and regulations
including, but not limited to, the following:
• Public Law 107-188, Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;
• Public Law 109-417, Pandemic and All Hazards Preparedness Act of 2006, and
• Chapter 81, Texas Health and Safety Code.
Contractor shall comply with all applicable regulations, standards and guidelines in effect
on the beginning date of this Program Attachment.
This is an interlocal agreement under Chapter 791 of the Government Code.
Through this Program Attachment DSHS and Contractor are furnishing a service related
to homeland security and under the authority of Texas Government Code § 421.062,
neither agency is responsible for any civil liability that may arise from furnishing any
service under this Program Attachment.
The following documents are incorporated by reference and made a part of this Program
Attachment:
• Budget Period 10 funding for continuation of the Public Health Emergency
Preparedness (PHEP) Cooperative Agreement guidance (dated September 21,
2007);
• CDCs Local Emergency Preparedness and Response Inventory;
• Project Period Public Health Emergency Preparedness Work Plan for Local Health
Departments (FY2007-FY2010), attached as Exhibit A;
• Contractor's SFY10 Applicant Information and Budget Detail for SFY10 base
cooperative agreement; and
• Preparedness Program Guidances) as provided by DSHS.
Contractor shall coordinate activities and response plans within the jurisdiction, with the
state, regional, and other local jurisdictions, among local agencies, and with hospitals and
major health care entities, jurisdictional Metropolitan Medical Response Systems, and
Councils of Government.
If Contractor agrees to perform public health preparedness services for another county in
exchange for all or a portion of the other county's funding allocation, Contractor shall
submit to DSHS a signed Memorandum of Agreement (MOA) between Contractor and
the other county with the first (1st) Quarterly report. The MOA shall outline services,
timelines, deliverables and the amount of funds agreed upon by both parties.
Contractor shall notify DSHS in advance of Contractor's plans to participate in or
conduct local exercises, in a format specified by DSHS. Contractor shall participate in
statev`~ide exercises planned by DSHS as needed to assess the capacity of Contractor to
respond to bioterrorism, other outbreaks of infectious disease, and other public health
threats and emergencies. Contractor shall prepare after-action reports, documenting and
ATTACHMENT -Page 3
correcting any identified gaps or weaknesses in preparedness plans identified during
exercises, in a format specified by DSHS.
Contractor shall cooperate with DSHS to coordinate all planning, training and exercises
performed under this Program Attachment with the State of Texas, Governor's Division
of Emergency Management of the State of Texas, or other points of contact at the
discretion of the division, to ensure consistency and coordination of requirements at the
local level and eliminate duplication of effort between the various domestic preparedness
funding sources in the state.
Contractor shall participate in the Texas Disease Reporting Program described in Chapter
81, Texas Health and Safety Code by:
• Educating, training and providing technical assistance to local providers and
hospitals on Texas reportable disease requirements;
• Monitoring participation by local providers and hospitals in appropriately
reporting notifiable conditions;
• Conducting disease surveillance and reporting notifiable conditions to the
appropriate DSHS regional office;
• Coordinating with DSHS regional Epidemiology Response Team members to
build an effective statewide system for rapid detection of unusual outbreaks of
illness through notifiable disease and syndromic or other enhanced surveillance;
and
• Reporting immediately all illness resulting from bioterrorism, and chemical and
radiological emergencies or other unusual events and data aberrations as
compared to background surveillance data to DSHS regional office or to DSHS
by calling 512-458-7219, 512-458-7228, 512-789-9033, or 512-826-7638.
Contractor shall coordinate all risk communication activities with DSHS
Communications Unit by using DSHS's core messages posted on DSHS's website, and
submitting copies of draft risk communication materials to DSHS for coordination prior
to dissemination.
In the event of a public health emergency involving a portion of the state, Contractor
shall mobilize and dispatch staff or equipment that were purchased with funds from this
cooperative agreement and that are not performing critical duties in the jurisdiction
served to the affected area of the state upon receipt of a written request from DSHS.
Contractor shall inform DSHS in writing if it shall not continue performance under this
Program Attachment within thirty (30) days of receipt of an amended standard(s) or
guideline(s). DSHS may terminate the Program Attachment immediately or within a
reasonable period of time as determined by DSHS.
Contractor shall develop, implement, and maintain a timekeeping system for accurately
documenting staff time and salary expenditures for all staff funded through this Program
Attachment, including partial FTEs and temporary staff.
ATTACHMENT -Page 4