DEPARTIVTENT OF STATE HEALTH SERVICES

This contract. number 2A09-029373 (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
TEXAS A & M UNIVERSITY (Contractor), a Covernment Entity. (collectively, the Parties).

l. Purnose 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 Pavment Method(s). The total amount of this Conrract
is $75.000.00. and the payment method(s) shall be as specified in the Program Atrachments.

3. Fundine Obliqation. This Contract is contingent upon the continued availability of funding.
lf 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 tenninate funding under this Contract.

4. Term of the Contract. This Contract begins on 0910112008 and ends on 08131/2009. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment, and a renewal, if any, must be in writing and signed by Contractor. 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. Authoritv. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.

6. Documents Formins Contract. The Contract consists of the tbllowing:

a. Core Contract (this document)

b. Program Attachments:
2009-029373-00 I Survey - Treatment

c. General Provisions (Vendor)

d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits - not applicable

Any changes made to the Contract, whether by edit or attachment, do not tbrm part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
 -1

7 Conflicting Terms. In the event of contlicting 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 ro the
Solicitation Document, if any.

8. Pavee. The Parties agree that the following payee is entitled to receive paymenr for services
rendered by Contractor or goods received under this Contract:

Name: TEXAS A&M UNIVERSITY

Address: RESEARCH SERVICES, 1260 TAMU
COLLEGE STATION, TX 7 7 843. 1260
Vendor Identification Number: 1746000531 l00B

9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, beiween them
with respect to the subject matter of this Contract, other than asset forth in this Contract.

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 authorityio
execute
this Contract on behalf of the named party.

DEPARTMENT ATEIHEALTH SERVICES

By:
Signature of Authorized Official
,*0-5'!"#
/)-- I Tat Decerrber 9 2008
Date Date

Bob Burnette, C.P.M., CTPM

Charlene Mlller
A.qsl.qfant V{ce Prec{donr
Printed Name and Title

Director, Client Services Contracting Unit 1260 TAMU

Address

I IOO WEST 49TH STREET College Statlon, TX 77g43-1260

AUSTIN, TEXAS 78']56 City, State, Zip

(512\ 458-7470 (979) 862-64s0

Telephone Number

Bob. Burnette @dshs.state. tx. us awardsGtamu. edu

E-mail Address fbr Ott'icial Correspondence
 CONTRACT NO.2009-029373
PROCRAM ATTACHMENT NO. OOI
PURCHASE ORDER NO. 0000342567

CONTRACTOR: TEXAS A & M UNIVERSITY

DSHS PROCRAM: Survey - Treatment (SA/SUR)

TERM: 09/01/2008 THRU: 08/31/2009

SECTION I. STATEMENT OF WORK:

A. PURPOSE:
Contracror, under the direction of the DSHS Program project manager, shall administer the Texas School
Survey of Substance Use, a school survey of drug and alcohol use among Texas elementary (grades 4-6) and
secondary (grades 7-12) students (Survey). Contractor shall conduct the Survey through independent school
districs.

B, GENERAL REQUIREMENTS:
Contractor shall conduct the following activities:
l. Administer and coordinate the Survey, including recruiting the school districts and schools; mailing the
survey forms and related materials to the school districts and schoolst collecting the completed survey
forms; managing, validating and analyzing survey data collected; and producing final reports for
schools and school districts that have participated in the Survey.
2. Upon receipt of the completed surveys from the individual school districts, process the data in the same
manner Contractor has employed in prior years of conducting the Survey project. Contractor shall code
the returned materials by district and by campus, cut the materials to a form conducive to the optical
scan process, and scan the materials. Contractor shall employ careful record-keeping and random
checks to ensure that all materials nre properly handled and processed.
3. Provide technical support to DSHS and testing for possible modifications of protocols for future
statewide surveys. Contractor shall complete the testing by June 2009. The DSHS Program project
manager must approve all modified survey instruments prior to use by Contractor.
4. Update the Survey database with data from school surveys from both the statewide sarnple and district
only surveys, which shall include all districts in which surveys were conducted in 2007-2008 and 2008-
2009, whether in the data sample or district only surveys. Contractor shall complete the 2007-2008
database update by February 28,2OO9 and the 2008-2009 database update by August 31,2A)9.
5. Subrnit all district level reports in writing to school districts participating in the 2008-2fi)9 Survey.
Contractor shall prepare, bind, and mail executive summaries/graphics reports to all participating
school districts by August 3l, 2009, Contractor shall make these materials available to DSHS, or those
authorized by DSHS, upon request. It is expressly agreed that DSHS has a right to obtain only
statistical results and summaries from the Survey and shall have no right or responsibility to obtain raw
data collected by Contractor for the Survey for any reason.
6. Contractor shall submit a quarterly progress report of the Survey by November 30, 2008, February 28,
2009, May 3 I, 2009, and August 3 I, 2009 respectively, to DSHS's Contract Manager assigned to this
Program Attachment via email. The quarterly report shall briefly address the on-going status and
progress of the Survey and summarize Survey activities as well as any meetings and conference calls
that occurred during the quarter. As appropriate, Contractor shall also document in the quarterly reports
that the deliverables have bee n completed.

PROCRAM ATTACHMENT - Page SUR I

 SECTTON II. CONTRACT DELIVERABLES:

Deliverables Estirnated Delivery Date Amou

l. Written Progress Reports Quarterly
2. Districts Recruited and Survey Administration (2008-1009) I0/01/08 $20,000
3. Survey Database Update (2007-2008) 02t28t09 $ r0,000
4. Data Scanned and Processed (2008-2009) 06/0t/09 $20,m0
5. Final District Reports Mailed to Districts (2008-2009) 08/3 l/09 $15,m0
6. Survey Database Update (2008-2009) 08/3 l/09 $ r 0,000
Total $75,000

SECTION III. PROCRAM SERVICE AREA:

Contractor shall deliver services or activities to participants in the following counties:

Starewide

SECTION IV. ELIGIBLE POPULATION:

Elementary and secondary school students in grades 4-12 in Texas.

SECTION V. SOLICITATION DOCUMENT

N/A

SECTION VI. RENEWALS

DSHS has the option, in its sole discretion, to renew this Program Attachment, and a renewal, if any, must be in
writing and signed by Contractor.

SECTION VII. PAYMENT METHOD:

Deliverables (fi xed price)

SECTION VIII. BILLINC INSTRUCTIONS:

Contractor shall submit an invoice upon completion of each deliverable to the DSHS Invoice Coordinator as
follows:

Texas Department of State Health Services

Substance Abuse Contracts Management Unit (MC2058)
Attn: Substance Abuse Invoice Coordinator
909 West 45th Street, Bldg. 4
Austin, TX 78751
P.O. Box 12668
Austin, TX 78711-2668
Fax: (51?)206-5782

SECTION IX. FUNDINC:,

Program Amount: $75,000.00

PROGRAM ATTACHMENT - Page SUR 2

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Match Required: $0.00

Program Income: $0.00

Total: $75.000.00

SECTION X. SPECIAL PROVISIONS:

General Provisions (Core/Vendor 2009):

Article I compliance and Reporting, section 1.04 Applicable contracts [,aw and
Venue for Disputes, is revised to delete "Travis County, Texas" and insen "Brazos County, Texas."

Article IX Notice Requirements, section 9.07 Criminal Activity and Disciplinary

Action, is revised to add the following to the end of the second sentence: "anrJ if any such
activity, action or circumstance is related to or affects this Contract."

ARTICLE X Assurances and Certifications, Section 10.03 Authorization, is revised to change.,an6 that a
resolution, motion, or sirnilar action has been duly adopted or
passed as an official act ofthe Contractor's governing body, authorizing the binding of
the organization under this contract including all understandings and uisuran.es
contained in this contract, and directing and authorizing" to "and that any required
action necessary to bind Contractor under this Contract has occurred, which directs and authorizes"

ARTICLE XI General Business operations of contractor, Section l l.0l

Responsibilities Concerning Governlng Board, is revised to delete "and its governing
Board," immediately after the t'irst word, "contractoi'and to change ..contractor's
governing board" to "Contractor."

ARTICLE XII General Terms, Section 12.05(e) lntellectual property, the first sentence is revised to read as
follows:
"lfthe results of the contract performance are subject to copyright law, the Contractor cannot publish
the results
without prior review and approval of DSHS, which will not be unreasonably withhelcl."

ARTICLE XII General Terms, Section 12.14, Amendment, the fbllowing sentence is added to the end of the
section:
"Notwithstanding any other provision in this section. DSHS will nority Contracror at least ten
days in advance
of any unilateral change to the amounr of funcls rjue under this Contract."

ARTICLE XII General Terms, Section

12.17 Immunity Not Waived, is revisecl to read is follows;
..THE
PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT
IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT
OR CONTRACTOR OR THE STATE OF TEXAS OF ANY IMMUNITIES FRON{
SUIT OR FROM LIABILITY THAT DEPARTMENT OR CONTRACTOR OR THE
STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.''

PROCRAM ATTACHMENT - Page SUR 3

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ARTICLE XII General Terms is amended to acld Section 12,21Force Majeure, as follows:
"Neither party will be liable for any failure or ctelay in pertbrrning
all or some of its obligations, as applicable,
under this contract if such tbilure or delay is clue to any cause beyond
the reasonable control gf such party,
including, but not limited to, extraordinarily severe weather. strikes, natural
disasters, fire, civil disturbance,
epidemic, war' court order' or acts ol God. The existence of such causes
of delay or failure will extend the
period ofperform&nce in the exercise ofreasonable diligence until
after the causes otdelay or failure have been
resolvedand,ifapplicable,foranyreasonableperiodoftimethereafterrequiredtoresumeperformance.
A
Pany, within a period of time reasonable under the circunrstances, nlust
iniorm the other in'writiigI with proof
of receipt. of the existence of a force majeure event or otherwise waive this
right as a def'ense.,,

XIII Breach of contract and Remcdies for Non.compliance, section 1J.02

Article
General Remedies and Sanctions, is revised as fbllows;

l3'02'b). add after the last sentence' "while the Contract is suspended. Contractor
is not required to continue to
perform the portion of the Contract that is suspended."

l3'02'd)' revise "consistent.with Derfornnnce expectations described in this

Contract', to ..consistent with
performance requirernents described in this Contract;.'

13.02.g), delete the word "disputed"

13.02(i), is revised to delete "and barred from participating in future contracting

opportunities with the State of Texas."

13.02(l), is deleted in irs enrirety.

Article XVII Closeout and Contract Reconciliation, Section 17.02 Administrative

Offset, is revised to read as tbllows:
"The Department shall have the right to administratively
offset amounts owed by
contractor under this contract against billings under thi.s contract."

PROCRAM ATTACHMENT - page SUR 4