HomeMy WebLinkAboutPR 19860: AMENDMENT NO. TWO (2) TO FY 2015-2016 INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CONTRACT No. 529-16-0003-00005
AMENDMENT No. 2
The TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (System Agency) and City
of Port Arthur ("Contractor"), who are collectively referred to herein as the "Parties," to that
certain Texas Home Visiting (THV) Contract effective September 1, 2015 and denominated
HHSC Contract No. 529-16-0003-00005 as amended, now desire to further amend the Contract.
WHEREAS,the Parties desire to revise the Scope of Work, Budget, Term and Conditions, add
Special Conditions and extend the term of the Contract to allow for successful completion of the
Project; and
WHEREAS, the System Agency has chosen to exercise its option to amend the contract in
accordance with Article 7 of Exhibit C "Uniform Contract Terms and Conditions,Version 1.5" of
the Original Contract;
Now,THEREFORE,the Parties hereby amend and modify the Contract as follows:
1. SECTION 2.07 of the Contract,TERM OF THE AGREEMENT,is hereby deleted in its entirety
and replaced with the following:
"The Contract is effective September 1, 2015 and terminates on August 31, 2020 unless
renewed, extended, or terminated pursuant to the terms and conditions of the contract."
2. SECTION 2.08 of the Contract, KEY STAFF, is hereby deleted in its entirety.
3. SECTION 2.09(B)of the Contract, DELIVERY OF NOTICE, is hereby deleted in its entirety
and replaced with the following:
"Any notice under this Agreement will be sufficient if delivered to the following persons
or their successors."
1. Communications that are routine and administrative in nature should be sent to
the Program and Contract Managers.
2. Legal notices should be sent to the following:
DFPS
Texas Department of Family and Protective Services
Prevention and Early Intervention Division
2535 Ridgepoint Drive, Suite 100
Austin, Texas 78754
Attention: Sasha Rasco
Email: sasha.rasco@dfps.state.tx.us
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3.1.17 1
Contractor(Grantee)
City of Port Arthur
449 Austin Ave.
Port Arthur,TX 77641
Attention: Karla Quigley
Email: karla.quigIev@portarthurtx.gov
4. SECTION 4.01 of the Contract,TOTAL COST is hereby is hereby deleted in its entirety and
replaced with the following:
"DFPS will pay the Contractor up to$2,903,165.00 for the entire procurement period and
the total amount is broken down by fiscal year, where each fiscal year has a maximum
amount to be reimbursed as follows:
FY 2016 not to exceed$580,633.00(September 1, 2015-August 31, 2016)
FY 2017 not to exceed$580,633.00(September 1,2016-August 31, 2017)
FY 2018 not to exceed$580,633.00(September 1, 2017-August 31,2018)
FY 2019 not to exceed$580,633.00(September 1, 2018-August 31,2019)
FY 2020 not to exceed$580,633.00 (September 1, 2019-August 31,2020)
Payments to the contractor will be made from available funds for services rendered in
accordance with the terms of this Contract upon receipt of a proper and verified statement
and after deduction any known previous overpayment made by the Department. For the
purposes of this contract, The City of Port Arthur, is considered a recipient of state grant
funds.
5. The "Project Work Plan" is incorporated into the contract by reference and may be
revised as described in Attachment C-1 to this Amendment.
6. EXHIBIT H"PERFORMANCE MEASURES"of the Contract is hereby deleted in its entirety
and replaced with ATTACHMENT A-1 "PERFORMANCE MEASURES"to this Amendment.
ATTACHMENT A-1 "PERFORMANCE MEASURES" in conjunction with EXHIBIT B
"CONTRACTOR'S PROPOSAL AND AGREED MODIFICATIONS" of the original agreement
are considered the "STATEMENT OF WORK".
7. EXHIBIT I "CONTRACT BUDGET" of the Contract, is hereby deleted in its entirety and
replaced with ATTACHMENT B-1 "BUDGET" to this Amendment.
8. ATTACHMENT C-1 "DFPS SPECIAL CONDITIONS" is attached and incorporated to this
Amendment.
9. EXHIBIT C "UNIFORM CONTRACT TERMS AND CONDITIONS, VERSION 1.5" of the
Contract, is hereby deleted in its entirety and replaced with ATTACHMENT D-1 "HHSC
TERMS AND CONDITIONS-GRANT VER.2.14" to this Amendment.
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3.1.17 2
10. ATTACHMENT A "DATA USE AGREEMENT, VER. 8.3 to the EXHIBIT C UNIFORM
CONTRACT TERMS AND CONDITIONS remains in effect.
11. This Amendment No. 2 shall be effective as of the date last signed below.
12. Except as amended and modified by this Amendment No. 2, all terms and conditions of
the Contract, as amended, shall remain in full force and effect.
13. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE FOR AMENDMENT No.2
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CONTRACT No.529-16-0003-00005
TEXAS DEPARTMENT OF FAMILY AND City of Port Arthur
PROTECTIVE SERVICES
By: By:
H.L. Hank Whitman BRIAN MCDOUGAL
DFPS Commissioner or Designee CITY MANAGER
Date of Execution: Date of Execution:
THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE
CONTRACT:
ATTACHMENT A-1-PERFORMANCE MEASURES
ATTACHMENT B-1-BUDGET
ATTACHMENT C-1-DFPS SPECIAL CONDITIONS
ATTACHMENT D-1-HHSC TERMS AND CONDITIONS-GRANTEE VER.2.14
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3.1.17 4
THV PROGRAM - DFPS/PEI
RFP#: 529-16-0003
Contract No. 529-16-0003-00005
ATTACHMENT A-1
PERFORMANCE MEASURES
City of Port Arthur
Texas Home Visiting (THV)
Nurse-Family Partnership
These performance measures assess operational components and indicate compliance with
services required under the Texas Home Visiting Program.These measures were selected as critical
elements in progress towards positive program outcomes.
OUTPUT MEASURES
CONTRACTOR shall meet all of the following outputs once program implementation has begun:
Output#1: The expected number of families served annually.
Indicator: The number of unduplicated families served in the 12-month budget period by all program
models under which CONTRACTOR operates.
Target: 100
Data Source: THV database and/or program model databases.
Methodology: Count of the number of unduplicated mothers served by NFP or families served by other
program models under which CONTRACTOR operates that received a minimum of one home visit
during the 12-month budget period.
OUTPUT#2: Staff members are trained to deliver the evidence-based model.
Indicator: The percentage of staff that are trained in the evidence-based model within the timeframes
required by the evidence-based models.
Target: 100%.
Data Source: Monthly reports.
Methodology: Total number of staff who are trained according to model requirements and timelines
divided by the total number of staff providing services under this Agreement. Multiply by 100 and state
as a percentage.
OUTPUT#3: Program will maintain family capacity throughout the contract term.
Indicator: The number of families served at any given point compared to the number of funded slots
(Output#1).
Target: 100%with an allowable variance of 15%.
Data Source: THV database and/or program model databases.
Methodology: Total number of families served at each point in time divided by the total number of
families that are funded under the Agreement. Multiply by 100 and state as a percentage.
OUTPUT#4: Families will remain engaged in the program for a minimum of one year.
THV PROGRAM - DFPS/PEI
RFP#: 529-16-0003
Contract No. 529-16-0003-00005
ATTACHMENT A-1
Indicator:The percentage of families that leave the program prior to receiving 10 or 12-months of
services(as applicable),and have not completed the program or aged out.
Target: 50%
Data Source:THV database and/or program model databases.
Methodology:Number of families who left the program prior to completing 10 or 12 months of services
(as applicable based on program model)who have not completed the program,divided by the total
number of families who have an enrollment date greater than 10 or 12 months in the past(as applicable
based on model).Multiply by 100 and state as a percentage.
OUTPUT#5: If applicable,CONTRACTOR will lead or participate in a local early childhood
coalition.
Indicator: The number of coalition activities that include appropriate cross-sector partners.
Target: 8
Data Source: Quarterly reports.
Methodology: Count of the number of coalition meetings or engagement activities that include
appropriate cross-sector partners. Cross-sector partners will be established in partnership with THV.
OUTPUT#6: If applicable,the Early Development Instrument(EDI)will be used to identify
community needs.
Indicator: The number of children by school in targeted neighborhoods that are assessed using the Early
Development Instrument(EDI).
Target:Number equal to 70%of children in two targeted neighborhoods assessed.
Data Source: Reports prepared by the University of California Los Angeles.
Methodology: Count of the number of children by school in each targeted neighborhood that are assessed
using the EDI.
OUTCOME MEASURES
CONTRACTOR shall meet two or more of the following outcome measures once program
implementation has begun:
OUTCOME#1:Women will breastfeed for at least six months postpartum.
Indicator: Children receiving any breast milk at six months postpartum.
Target: 15%
Data Source:THV data collection system and/or program model databases.
Methodology:Number of children receiving any breast milk at six months postpartum divided by the
total number of children six months postpartum.Multiply by 100 and state as a percentage.
OUTCOME#2: Children will attend recommended well-child visits.
Indicator: Percentage of children enrolled in home visiting who received the last recommended well-
child visit based on the American Academy of Pediatrics(AAP)schedule.
Target: 80%
Data Sources: THV data collection system and/or program model databases.
THV PROGRAM - DFPS/PEI
RFP#: 529-16-0003
Contract No. 529-16-0003-00005
ATTACHMENT A-1
Methodology:Number of children that received the last recommended well-child visit divided by the
total number of children enrolled. Multiply by 100 and state as a percentage.
OUTCOME#3:Babies will be born at full term.
Indicator: Percentage of babies in the program that are born full term(after 37 weeks).
Target: 87%
Data Sources: THV data collection system and/or program model databases.
Methodology: The number of babies in the program born full term(after 37 weeks)divided by the total
number of babies born. Multiply by 100 and state as a percentage.
OUTCOME#4: Primary caregiver(s)and/or family members will read,tell stories,or sing songs
daily to or with their child(ren).
Indicator: Percentage of primary caregivers and/or family members reading,telling stories,or singing to
or with their child(ren)daily at six months post enrollment or post birth.
Target: 80%
Data Sources: THV data collection system and/or program model databases.
Methodology: The number of primary caregivers and/or family members reading,telling stories,or
singing to or with their child(ren)daily at six months post enrollment or post birth divided by the total
number of primary caregivers who have been enrolled at least six months or post birth. Multiply by 100
and state as a percentage.
OUTCOME#5: Parent-child interaction will improve.
Indicator: Percentage of primary caregivers who show an increased parent-child interaction score on the
Parenting Interactions with Children: Checklist of Observations Linked to Outcomes(PICCOLO)from
enrollment to 12-months post enrollment,or the end of the program year for HIPPY.
Target: 80%
Data Sources: THV data collection system and/or program model databases.
Methodology: Subtract the overall score at enrollment from the overall score taken at 12-months post
enrollment(or at the end of the program year for HIPPY)for each individual to get the measure of
improvement.Count any individual with a measure of improvement greater than zero and divide by the
total number of individuals assessed at 12-months post enrollment(or at the end of the program year for
HIPPY).Multiply by 100 and state as a percentage.
OUTCOME#6:Primary caregiver(s)will exit the program working and/or attending an
educational program.
Indicator: Percentage of primary caregivers exiting the program working and/or attending an educational
program.
Target: 60%
Data Sources: THV data collection system and/or program model databases.
Methodology:Number of primary caregivers who exit the program working and/or attending an
educational program divided by the number of primary caregivers exiting the program.Multiply by 100
and state as a percentage.
THV PROGRAM - DFPS/PEI
RFP#: 529-16-0003
Contract No. 529-16-0003-00005
ATTACHMENT B-1
BUDGET
City of Port Arthur
Texas Home Visiting (THV)
BUDGET SUMMARY FORM
12 Month Budget(09/01/2017 to 08/31/2018)
Supported by Form 2030 PEI Budget Workbook
Texas Department of Family and Protective Services Form
2030
May31.2017
Budget for Purchase of Service Contracts
Contractor: City of Port Arthur
Contract# 529-16-0003-00005
SUMMARY Funding 9/01/2017 to 08/31/2018
Period:
PAC# 38500
Program: THV
Original Approved 2030
(A.)
Reimbursable
Cost Categories
(I A)Personnel-Salaries $350,253.00
(1B)Personnel-Fringe Benefits-by $0.00
Employee
(1C)Personnel-Fringe Benefits-by Type $172,337.00
(2) Travel $19,635.00
(3) Supplies and Controlled Assets $24,925.00
(4) Capital Equipment(greater than$5K) $0.00
(5) Other Costs $13,483.00
(6) Contractual $0.00
Direct Costs Total $580,633.00
Indirect Costs Total $0.00
TOTAL $580,633.00
Contract#: 529-16-0045-00001 ATTACHMENT C-1
Procurement#: 529-16-0003
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::y DFPS Special Conditions
I. Payments. Grantee must seek payment or adjustment to payments in accordance
with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This
subpart establishes a two-year (eight quarter) time limit for a State to claim Federal
financial participation in expenditures under State plans approved under Title IV-E
and Temporary Assistance for Needy Families (TANF). Unless stipulated otherwise
in the Contract, any bill or amended bill, which is submitted to DFPS later than seven
quarters after the end of the quarter of the expense, will not be processed unless
DFPS determines that submission for payment of the bill to the federal government
can be executed in a proper and timely fashion.
II. Reporting Abuse, Neglect, or Exploitation. Grantee will promptly report any
suspected case of abuse, neglect, or exploitation to the appropriate authority as
required by the Texas Family Code, Chapter 261.
III. Testimony in Proceedings. Grantee will require its employees to testify in judicial
and administrative proceedings at the request of DFPS. To the extent possible,
Grantee will also assist DFPS in locating past employees, agents, volunteers,
consultants, or subcontractors when DFPS requires past employees, agents,
volunteers, consultants, or subcontractors to appear and testify in accordance with
this subsection.
IV. Removal of Access. Grantee will immediately remove access capabilities to any
DFPS automated/internet-based application(s) or immediately notify DFPS that
access to such applications needs to be terminated for an employee, subcontractor,
or volunteer whose employment, subcontract, or volunteer term with Grantee has
ended for any reason.
V. Cultural Competence. Grantee will make reasonable efforts to provide services
that meet the individual needs of the client. Grantee will develop and maintain a
cultural competence plan that effectively provides services to people of various
cultures, races, ethnic backgrounds, and religions in a manner that recognizes and
affirms their worth, protects and preserves their dignity, and ensures equity of
service delivery. Grantee will take into consideration the intellectual functioning,
literacy, level of education, and comprehension ability of each client in order to
ensure that all information is presented in a way that meets the individual needs of
each client. Grantee will provide services in the client's primary language, whether
provided directly by Grantee or through a translator.
VI. Subcontracting. In addition to the subcontracting requirements listed in the
Solicitation Document and HHSC Uniform Terms and Conditions, Grantee must also
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comply with the requirements of this Section. Grantee will be responsible to DFPS
for any subcontractor's performance under this Contract. Subcontractors providing
services under the Contract will meet the same requirements and level of experience
as required of Grantee. No subcontract under the Contract will relieve Grantee of
responsibility for ensuring the requested services are provided. If Grantee uses a
subcontractor for any or all of the work required, the following conditions will apply:
(A)Grantee planning to subcontract all or a portion of the work to be
performed will identify the proposed subcontractors.
(B)Subcontracting will be solely at Grantee's expense.
(C)DFPS retains the right to check subcontractor's background and
approve or reject the use of submitted subcontractors.
(D)Grantee will be the sole contact for DFPS and Grantee will list a
designated point of contact for all Department inquiries.
(E)Subcontracts. Grantee will include a term in all proposed subcontracts
that incorporates this Contract by reference and binds subcontractor to
all the requirements, terms, and conditions of this Contract related to
the service being provided by the subcontractor, as well as explicitly
hold that this Contract controls in the event of any conflict with
subcontract. DFPS approval of Grantee's use of any subcontractor is
conditioned upon the extent that any subcontract does not conflict with
any requirements of the Contract between DFPS and Grantee.
(F)Payment to Subcontractors. Pursuant to Chapter 2251 of the Texas
Government Code, Grantee will make any payments owed to
subcontractors within ten (10) calendar days of Grantee's receipt of
funds from DFPS.
VII. DFPS Background Check Policy. Grantee will submit criminal abuse and neglect
history information for background checks electronically through the DFPS
Automated Background Check System (ABCS) according to the instructions in the
user guide located at:
http://www.dfps.state.tx.us/documents/PCS/ABCSUserGuideFY09.pdf.
(A) Disclosure and Release. Grantee will disclose and release, or cause
its employees, subcontractors, and volunteers with direct client contact
and/or access to client records to disclose and release, any allegation
made against that employee, subcontractor, or volunteer alleging the
commission of:
1) an act of abuse, neglect, or exploitation of children, the elderly,
or persons with disabilities;
2) criminal history or any current criminal indictment (for felonies)
or information (for misdemeanors) involving an offense under
the Texas Penal Code against:
3) the person;
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4) the family;
5) public order or decency;
6) public health, safety, or morals; or
7) property;
8) an offense under Chapter 481 of the Texas Health and Safety
Code (Texas Controlled Substances Act); or
9) any act or offense that can reasonably be associated with
potential risk of harm or loss to DFPS and/or its clients based
on the job duties or contractual role(s) of the person in question
at any time during the contract period.
(B) Method of Disclosure and Release. This disclosure and release is
required of all individuals who have, or will have, direct contact with
clients and/or access to client records, prior to such contact or access
and will be accomplished through the use of:
1) a criminal history background check;
2) a DFPS abuse and neglect history check; and
3) a signed disclosure and release by each person attesting to
this information, which will be maintained by Grantee, available
for review by DFPS, and renewed at intervals not to exceed 24
months while the Contract is in effect.
(C) Direct Contact with Clients. Grantee will prevent or promptly remove
any employee, subcontractor, or volunteer from direct client contact
and/or from access to client records who is alleged to have committed
any act listed in this Contract. If it is determined with certainty that the
person in question has not committed the acts or offenses alleged, that
person may again be assigned to direct client contact and/or access to
client records. However, the Grantee or subcontractor will notify DFPS
of its intent to do so no later than ten (10) business days and receive
Department approval prior to the reassignment. Grantee or
subcontractor must provide DFPS with further information concerning
the reasons for the reassignment upon the request of DFPS. If the
person in question is found to have committed any of the acts or
offenses listed in this Contract, that person will not be reassigned to
duties involving any direct contact with clients and/or access to client
records.
VIII.Limitation on Use of DFPS Seal and Name. Grantee may not use the DFPS seal
in any form or manner without the prior written approval of DFPS. Grantee also may
not use the name of DFPS to imply any endorsement, approval, or sponsorship of
Grantee's goods or services by DFPS.
IX. DFPS Confidential Information. Grantee will not release confidential DFPS
information to any party without the prior written approval of DFPS, including, but
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not limited to, records received or created by the Grantee that are identifiable to
children or clients referred by DFPS. Grantee will not use any information supplied
by DFPS except for the purposes that DFPS intends the information to be used. If
Grantee stores, collects, or maintains any data, Grantee will only use such data
internally for implementing this Contract.
(A)Grantee will establish a method to ensure the confidentiality of records
and other information relating to clients according to applicable federal
and state laws, rules, and regulations.
(B)Grantee will immediately notify DFPS of any unauthorized disclosure or
use of any confidential information.
(C)This section does not limit DFPS's right of access to client case records
or other information relating to clients served under this Contract. DFPS
will have an absolute right to access to and copies of such information,
upon request.
(D)If Grantee receives any request or demand for disclosure of confidential
information by oral questions, documents, subpoenas, civil investigative
demand, interrogatories, requests for information, or other similar legal
process, Grantee will provide DFPS with prompt notice of such request
(no later than two (2) business days) so that DFPS may determine
whether to seek an appropriate protective order and/or consent to
Grantee's disclosure of the requested records. This subsection does not
preclude the Grantee from asserting its own privileges or objections
against release of confidential information to a third-party based on
applicable law.
(E)The provisions of this section remain in full force and effect following
termination of cessation of the services performed under this Contract.
X. Notifications. Grantee will notify DFPS immediately of any significant change
affecting Grantee or this Contract, including, but not limited to, change of Grantee's
name or identity, ownership, control, governing board membership, key personnel,
any problem or potential problem associated with performance or services, or
payee identification number. Grantee will also provide DFPS with any
documentation or information related to a notification provided for under this
section. Grantee will also notify DFPS of any lawsuit brought against Grantee
related to the services provided for in this Contract. Unless otherwise noted in this
Contract, Grantee will provide all notices in writing to DFPS within ten (10) working
days.
XI. Authority of Department Staff. DFPS staff are not authorized to sign non-DFPS
forms unless those forms have received prior approval by DFPS. DFPS is not
bound by unauthorized staff actions in signing such forms.
XII. Complaint Reporting. Unless otherwise noted in this Contract, DFPS will contact
Grantee when a complaint is received, and advise the Grantee whether DFPS will
conduct an investigation or will coordinate with the Grantee for an investigation and
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a response. When DFPS requires the Grantee to conduct any part of the complaint
investigation, Grantee must respond in writing to DFPS with all information and
according to DFPS requirements and specified time frames. If Grantee is unwilling
or unable to provide any information within the time required, Grantee will provide a
written explanation for any information that Grantee does not submit, any applicable
date by which Grantee will provide the information, and the detailed reasons why
Grantee is unwilling or unable to provide such information.
XIII. Information Security Requirements. Grantee must comply with the following:
(A)The DFPS IT Security Policy located at:
http://www.dfps.state.tx.us/documents/PCS/Contractor Information Security.pdf
(B)Health and Human Services Enterprise Information Security Standards
and Guidelines
(C)Title 1, Texas Administrative Code, Sections 202.1 and 202.3-.28
(D)Texas Human Resources Code, Section 40.005
(E)Texas Business and Commerce Code, Subchapter B, Sections
521.051-.053
(F)Texas Family Code, Section 162.018
(G)Texas Family Code, Subchapter C, Sections 261.201-.203
(H)Texas Family Code, Section 264.408
(I) Texas Family Code, Section 264.511
(J) Texas Health and Safety Code, Section 85.115 and 40 TAC Section
1404
(K)Title 40, Texas Administrative Code, Subchapter B, Sections 700.201-
.209
(L) Texas Health and Safety Code, Chapter 181 and 1 TAC Sections
391.1-.2
(M)The Federal Information Security Management Act of 2002 (FISMA);
(N)Publication 1075 —Tax Information Security Guidelines for Federal,
State and Local Agencies;
(0)NIST Special Publication 800-53 Revision 3 — Recommended Security
Controls for Federal Information Systems and Organizations; and
(P)NIST Special Publication 800-47 — Security Guide for Interconnecting
Information Technology Systems.
(Q)In addition to the requirements expressly stated in this Section, Grantee
must comply with any other State or Federal law, regulation, or
administrative rule relating to the specific DFPS program area that
Grantee supports.
(R)Upon reasonable notice, Grantee must provide, and cause its
subcontractors and agents to provide, DFPS or its designee, prompt,
reasonable, and adequate access to any information security records,
books, documents, and papers that are directly pertinent to the
performance of the Contract including, but not limited to:
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1) Grantee information security policies;
2) Grantee information security procedures;
3) Grantee information security standards;
4) Grantee information security guidelines;
5) Grantee security plan in compliance with NIST Special
Publication 800-53 Revision 3;
6) Grantee security violation reports;
7) Grantee employee security acknowledgement agreements; and
8) Lists of Grantee's employees, subcontractors, and agents with
authorized access to DFPS confidential information.
(S)Items XIV(R)(1)-(8) above are subject to DFPS' review and approval.
Neither DFPS' review or approval, nor its failure to review or approve,
will relieve, waive, or satisfy any of Grantee's obligations under this
Agreement.
(T)Grantee will provide, and will cause its subcontractors and agents to
provide, to DFPS, upon reasonable notice, written certifications of
compliance with controls and provisions relating to information security,
including but not limited, those related to confidential data transfers and
the handling and disposal of Personally Identifiable Information (PII).
Acceptable forms of written compliance may be, but are not limited to:
1) Statement on Auditing Standards No.70, Service Organizations
(SAS-70) Report;
2) General Security Controls Audit;
3) Application Controls Audit;
4) Vulnerability Assessment; and
5) Network/Systems Penetration Test.
XIV. Unilateral Amendments. DFPS reserves the right to amend the Contract
through execution of a unilateral amendment signed by the DFPS Contract Manager
and provided to the Grantee with ten (10) days notice prior to execution of the
amendment under the following circumstances:
(A) to correct an obvious clerical error in this Contract;
(B) to change the Contract number;
(C) to incorporate new or revised federal or state laws, regulations, rules,
or policies;
(D) to comply with a court order or judgment;
(E) to update service level descriptions or daily rates;
(F) to change the name of the Grantee in order to reflect the Grantee's
name as recorded by the Texas Secretary of State or as required by
law;
(G) to change the designated DFPS mailing address for this Contract;
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(H) to change the designated Grantee mailing address for this Contract;
or
(I) to change the recorded license number of any license needed under
this Contract in order to reflect the current number as issued by the
licensing authority.
XV. Additional Remedy. In addition to the contract management remedies reserved in
the HHSC Uniform Terms and Conditions, DFPS, based on information from
monitoring or other verifiable sources, expressly reserves the right to remove any
subcontractor or employee of the Grantee from the provision of services under this
contract.
XVI. Transition after Termination. At the end of the contract term or other contract
termination or cancellation, Grantee will in good faith and in reasonable
cooperation with DFPS, aid in the transition to any new arrangement or provider of
services. The respective accrued interests or obligations incurred to date of
termination must also be equitably settled. Upon termination or expiration of this
Contract, DFPS will work with Grantee to transfer all services as efficiently as
possible with the goal to have all necessary services transferred by the effective
date of the expiration or termination of the Contract. However, in the event that a
transfer of all necessary services is not possible, Grantee will continue to provide
necessary services in accordance with all terms and conditions of this Contract
until all necessary client services are completely transferred.
XVII.DFPS Required Certifications. The certifications enumerated below represent
material facts upon which DFPS relies when accepting a bid for this solicitation. If
DFPS later determines that Potential Grantee knowingly rendered an erroneous
certification, DFPS may pursue all available remedies in accordance with Texas
and U.S. law. Grantee further agrees that it will provide immediate written notice to
DFPS if at any time Grantee learns that any of the certifications provided for below
were erroneous when submitted or have since become erroneous by reason of
changed circumstances. If the Grantee cannot certify the accuracy of all the
statements contained in this section, Grantee must provide written notice to DFPS
detailing which of the below statements it cannot certify and why. Grantee
acknowledges its continuing obligation to comply with the requirements of the
following certifications contained in its Proposal, and will immediately notify DFPS
of any changes in circumstances affecting these certifications:
(A) Federal Certification Regarding Lobbying. Federal law places
restrictions on the use of federal funds in regard to lobbying. The
Grantee certifies, to the best of its knowledge and belief, that:
1) In accordance with 31 U.S.C. §1352, no federal appropriated
funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee
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of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
2) If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the
undersigned will complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying, in accordance with its
instructions.
3) The Grantee will require that the language of this certification
be included in the award documents for subcontracts and that
all subcontractors will certify and disclose accordingly.
(B) Drug-Free Workplace Certification. Grantee certifies that it will or will
continue to provide a drug-free workplace by:
1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees
for violation of such prohibition;
2) Establishing an ongoing drug-free awareness program to
inform employees about-
3) The dangers of drug abuse in the workplace;
4) The grantee's policy of maintaining a drug-free workplace;
5) Any available drug counseling, rehabilitation, and employee
assistance programs; and
6) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
7) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement;
8) Notifying the employee in the statement that, as a condition of
employment under the grant, the employee will-
9) Abide by the terms of the statement; and
8
10) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
11) Notifying the agency in writing, within ten calendar days after
receiving notice from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the
convicted employee was working, unless the federal agency
has designated a central point for the receipt of such notices.
Notice will include the identification number(s) of each affected
grant;
12) Taking one of the following actions, within 30 calendar days of
receiving notice, with respect to any employee who is so
convicted-
13) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
14) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local health, law enforcement,
or other appropriate agency;
15) Making a good faith effort to continue to maintain a drug-free
workplace.
9
* Prevention and Early Intervention (PEI) Special
J•;
•A Conditions
I. Statement of Work vs. Project Work Plan. The Statement of Work is the formal
document incorporated into the contract. The Project Work Plan documents how the
Grantee will achieve the performance measures outlined in the contract. Changes to
the Statement of Work require an amendment and Project Work Plans may be
changed with written approval from PEI and the grantee.
II. Statement of Work Changes. A Grantee cannot make any changes to the
Statement of Work without a formal contract amendment.
An amendment is required to change any terms outlined in the contract including but
not limited to:
• Points of contact listed in the contract
• Performance measures (outputs/outcomes)
• Service areas outlined in the contract
• Target populations
• Addition or deletion of Primary Services required by the contract
• Addition or deletion of Ancillary services required by the contract
• Subcontractors identified in the contract
• Budget transfers that exceed the 20% threshold
• Any increase or decrease of the total budget
• Any extension of the contract end date
III. Project Work Plan Changes. Any post-award contract changes to the Project Work
Plan must not alter the Statement of the contract from that for which the contract
was originally procured. The procurement and contract documents serve as the
primary guide in establishing whether or not a change to the Project Work Plan is
allowable.
PEI may allow or make limited modifications to the Project Work Plan to meet
unanticipated needs at any point during the life of the contract. Either the Grantee or
PEI may identify the need for such a change.
A Post-award Project Work Plan change requires a documented request 15 days
prior to the anticipated change and prior written approval.
A change to the Project Work Plan may include:
10
• Point of contacts listed only in the Project Work Plan
• Service Delivery locations or hours
• Service areas as long as the change is consistent with the original
Statement of the procurement and resulting contract, e.g. add or subtract
zip codes within a county (when applicable)
• Policies or procedures used to provide services including:
a. Intake process
b. Determining client eligibility
c. Plan or process for retaining clients in the program
d. Case documentation
e. Linking participants with other social service providers when
necessary
f. Case closure or termination of services to clients
g. Referrals to subcontractors
• Policies, procedures and strategies used to ensure services are not
denied or delayed when respondent's agency is at maximum capacity
• Staffing plan (provided change meets minimum contract requirements)
• Staff training plan
• Processes concerning contract administration
• Processes concerning subcontract administration
• Budget transfers under the 20% threshold
• Addition of a budget line item that does not change the overall amount of
the budget
• Cost per client
IV. Supplemental Bills. A supplemental bill will be accepted monthly for costs not
included on the main monthly bill during previous months or if additional costs
exceed $2500.
V. Program Forms and Social Security Numbers. Grantee is required to complete all
fields of program forms in their entirety, including any social security number fields.
If a client refuses to provide their social security number, Grantee must document
refusal in the case file. The expectation is that Grantees make a good faith effort to
obtain social security numbers and other information listed on the program form.
Items with an asterisk on program forms are required fields in the database;
however, the expectation is that the form is completed thoroughly.
Primary caregivers must sign program forms giving consent for services prior to the
provision of services.
VI. Contractual Obligations. A grantee's acceptance of funds directly under the
contract or indirectly through a subcontract acts as acceptance of the authority of the
state, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. In accordance with the legislative audit
committee, DFPS can request any documentation, at any time, to be sent to DFPS
to a location DFPS chooses. Examples of documentation that may be requested
includes, but is not limited to, client files in their entirety (progress notes, action
plans, registration forms, protective factor surveys, sign in sheets, monthly tracking
forms, referral information, etc.), invoices that support monthly billings, a contractor's
full general ledger, etc.
12
.; ECTf
�C/ , A7
%.; + , DFPS Cost Reimbursement Supplement
XXIV. Cost Reimbursement Contract.
(A) Basis for Payment. DFPS is not obligated to pay unauthorized costs or to pay
more than Contractor's allowable and actually incurred costs consistent with
federal and state regulations. Contractor is responsible for submitting bills in an
accurate and timely manner for each service period and for notifying DFPS of a
need to expedite payment. DFPS will make reasonable efforts to process all bills
received in an accurate and timely manner, but does not warrant immediate
payment.
(B) Regulation Compliance. Contractor will remain in compliance with 45 CFR
Part 74 as applicable, Office of Management and Budget (OMB) Circulars A-
133, A-110, A- 21, A-87, and A-122 as applicable, the Uniform Grant
Management Standards (UGMS) as applicable, and 40 Texas Administrative
Code (TAC) §§732.240-256 as applicable. The reimbursement made to
Contractor will not exceed Contractor's actual costs to provide the services
under this Contract and Contractor's actual costs, both direct and indirect, must
be allowable, reasonable, and allocable.
(C) Physical Property. Contractor will assume responsibility for the protection of
all physical property and equipment purchased under this Contract.
Contractor must furnish DFPS with a written, factual report of the theft of, or
damage to, any equipment purchased under this contract, including
circumstances concerning the loss. In addition, in the event of any theft,
vandalism, or other offense against the properties, Contractor will notify
appropriate local law enforcement authorities.
(D) Equipment. Equipment is any article of tangible nonexpendable personal
property having a useful life of more than one year and an acquisition cost that
equals or exceeds the lesser of: the capitalization level established by the
contractor for financial statement purposes or $5,000. Contractor will follow the
provisions of Title 45 Code of Federal Regulations (CFR) Part 74 regarding
disposition of any equipment purchased under this Contract with funds allocated
to Contractor or its subcontractor. Contractor will not give any security interest,
lien, or otherwise encumber any item of equipment purchased with contract
funds. Contractor will permanently identify all equipment purchased under this
contract by appropriate tags or labels affixed to the equipment. Contractor will
maintain a current inventory of equipment that is available to DFPS at all times
upon request. Cost reimbursement contractors must also follow the following
guidelines when contracting with DFPS.
13
1) Cost reimbursement contractors must add certain types of equipment
items that are classified as "controlled assets" as designated in the
Comptroller's State Property Accounting (SPA) Process User's Guide,
available on the Internet, to their inventory. Contractors should review the
SPA guide periodically for the most current list.
2)All cost reimbursement contractors must follow the American Hospital
Association's (AHA) "Estimated Useful Lives of Depreciable Hospital
Assets" for equipment disposition purposes, except when federal or
statutory requirements supersede.
3) Contractors must request DFPS approval before disposing of equipment
or controlled assets prior to the end of the useful life for that item.
4)Any change to the equipment category in a cost reimbursement budget
will require prior approval from DFPS.
XXV. Minimum Insurance Standards.
(A) Contractor will provide insurance for direct delivery of services 48 hours prior
to contract signing. Contractor will obtain and furnish proof of the following
bonding and insurance coverage within forty-eight (48) hours of the award of
the Contract or at such other time as specified by DFPS. The required
coverages are:
1) Dishonesty bonding under a commercial crime policy or business
services bonding, at a ten thousand dollar($10,000.00) minimum;
and
2) Commercial General Liability Coverage at a three hundred thousand
dollar($300,000) minimum for each occurrence limit, and six hundred
thousand dollar($600,000) minimum aggregate limit. DFPS will be
provided with ample written notice of policy or bond cancellation or
material change in the policy or bond.
3) Contractor must provide and furnish evidence of professional
liability insurance with the minimum limits of$300,000.00 per
occurrence and $600,000.00 aggregate.
(B) The Contractor will purchase coverage with insurance companies or
carriers rated for financial purposes "B" or higher whose policies cover
risks located in the State of Texas. All bonds, policies, and coverage will
be maintained during the entire term of contract.
(C) All required insurance policies will include an endorsement stating that
DFPS will be given thirty (30) calendar days written notice of policy or
bond cancellation or a material change in the policy or bond.
14
ATTACHMENT D-1
HHSC Uniform Terms and Conditions Version 2.14
Published and Effective: March 1, 2017
Responsible Office: Chief Counsel
•
•• �/ `1 ••
111411 TE XAS
•: . 4j. .• Health and Human Services
•. •..,*..
Health and Human Services Commission
HHSC Uniform Terms and Conditions - Grant
Version 2.14
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4
1.01 Definitions 4
1.02 Interpretive Provisions 5
ARTICLE II Payment Methods and Restrictions 6
2.01 Payment Methods 6
2.02 Final Billing Submission 6
2.03 Financial Status Reports (FSRs) 7
2.04 Debt to State and Corporate Status 7
2.05 Application of Payment Due 7
2.06 Use of Funds 7
2.07 Use for Match Prohibited 7
2.08 Program Income 7
2.09 Nonsupplanting 8
ARTICLE III. STATE AND FEDERAL FUNDING 8
3.01 Funding 8
3.02 No debt Against the State 8
3.03 Debt to State 8
3.04 Recapture of Funds 8
ARTICLE IV Allowable Costs and Audit Requirements 9
4.01 Allowable Costs. 9
4.02 Independent Single or Program-Specific Audit 10
4.03 Submission of Audit 10
Article V AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 10
5.01 General Affirmations 10
5.02 Federal Assurances 10
5.03 Federal Certifications 10
ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11
6.01 Ownership 11
6.02 Intellectual Property 11
ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE 11
7.01 Books and Records 11
7.02 Access to records, books, and documents 11
Grantee Uniform Terms and Conditions
Page 2 of 19
v.3.1.17
7.03 Response/compliance with audit or inspection findings 12
7.04 SAO Audit 12
7.05 Confidentiality 12
7.06 Public Information Act 12
ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 12
8.01 Contract Management 12
8.02 Termination for Convenience 13
8.03 Termination for Cause 13
8.04 Equitable Settlement 13
ARTICLE IX MISCELLANEOUS PROVISIONS 13
9.01 Amendment 13
9.02 Insurance 13
9.03 Legal Obligations 14
9.04 Permitting and Licensure 14
9.05 Indemnity 14
9.06 Assignments 15
9.07 Relationship of the Parties 15
9.08 Technical Guidance Letters 15
9.09 Governing Law and Venue 16
9.11 Survivability 16
9.12 Force Majeure 16
9.13 No Waiver of Provisions 16
9.14 Publicity 16
9.15 Prohibition on Non-compete Restrictions 17
9.16 No Waiver of Sovereign Immunity 17
9.17 Entire Contract and Modification 17
9.18 Counterparts 17
9.19 Proper Authority 17
9.20 Employment Verification 17
9.21 Civil Rights 17
Grantee Uniform Terms and Conditions
Page 3 of 19
v.3.1.17
ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS
1.01 Definitions
As used in this Contract, unless the context clearly indicates otherwise, the following terms and
conditions have the meanings assigned below:
"Amendment" means a written agreement, signed by the parties hereto, which documents
changes to the Contract other than those permitted by Work Orders or Technical Guidance
Letters, as herein defined.
"Attachment" means documents, terms, conditions, or additional information physically added
to this Contract following the Signature Document or included by reference, as if physically,
within the body of this Contract.
"Contract" means the Signature Document, these Uniform Terms and Conditions, along with any
Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the
System Agency, to be incorporated by reference herein for all purposes if issued.
"Deliverable" means the work product(s) required to be submitted to the System Agency
including all reports and project documentation.
"Effective Date" means the date agreed to by the Parties as the date on which the Contract takes
effect.
"System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by
HHSC under authority granted under State law and the officers, employees, and designees of
those agencies. These agencies include: the Department of Aging and Disability Services, the
Department of Family and Protective Services, and the Department of State Health Services.
"Federal Fiscal Year" means the period beginning October 1 and ending September 30 each
year, which is the annual accounting period for the United States government.
"GAAP" means Generally Accepted Accounting Principles.
"GASB" means the Governmental Accounting Standards Board.
"Grantee" means the Party receiving funds under this Contract, if any. May also be referred to as
"Contractor" in certain attachments.
"Health and Human Services Commission" or "HHSC" means the administrative agency
established under Chapter 531, Texas Government Code or its designee.
"HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas
Government Code.
"Intellectual Property" means inventions and business processes, whether or not patentable;
works of authorship; trade secrets; trademarks; service marks; industrial designs; and creations
Grantee Uniform Terms and Conditions
Page 4 of 19
v.31.17
that are subject to potential legal protection incorporated in any Deliverable and first created or
developed by Grantee, Grantee's contractor or a subcontractor in performing the Project.
"Mentor Protégé" means the Comptroller of Public Accounts' leadership program found at:
http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/.
"Parties"means the System Agency and Grantee, collectively.
"Party"means either the System Agency or Grantee, individually.
"Program" means the statutorily authorized activities of the System Agency under which this
Contract has been awarded.
"Project"means specific activities of the Grantee that are supported by funds provided under this
Contract.
"Public Information Act"or"PIA"means Chapter 552 of the Texas Government Code.
"Statement of Work" means the description of activities performed in completing the Project, as
specified in the Contract and as may be amended.
"Signature Document" means the document executed by both Parties that specifically sets forth
all of the documents that constitute the Contract.
"Solicitation or "RFA" means the document issued by the System Agency under which
applications for Program funds were requested, which is incorporated herein by reference for all
purposes in its entirety, including all Amendments and Attachments.
"Solicitation Response" or "Application" means Grantee's full and complete response to the
Solicitation, which is incorporated herein by reference for all purposes in its entirety, including
any Attachments and addenda.
"State Fiscal Year" means the period beginning September 1 and ending August 31 each year,
which is the annual accounting period for the State of Texas.
"State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5,
Subchapter C, Section 5.22,relative to travel reimbursements under this Contract, if any.
"Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of
the requirements of the Contract, issued by the System Agency to the Grantee.
1.02 Interpretive Provisions
a. The meanings of defined terms are equally applicable to the singular and plural forms of the
defined terms.
b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a
whole and not to any particular provision, section, Attachment, or schedule of this Contract
unless otherwise specified.
c. The term "including" is not limiting and means "including without limitation" and, unless
otherwise expressly provided in this Contract, (i) references to contracts (including this
Contract) and other contractual instruments shall be deemed to include all subsequent
Grantee Uniform Terms and Conditions
Page 5 of 19
v.3.1.17
Amendments and other modifications thereto, but only to the extent that such Amendments
and other modifications are not prohibited by the terms of this Contract, and(ii)references to
any statute or regulation are to be construed as including all statutory and regulatory
provisions consolidating, amending, replacing, supplementing, or interpreting the statute or
regulation.
d. Any references to "sections," "appendices," or "attachments" are references to sections,
appendices, or attachments of the Contract.
e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the
Contract are references to these documents as amended, modified, or supplemented from
time to time during the term of the Contract.
f. The captions and headings of this Contract are for convenience of reference only and do not
affect the interpretation of this Contract.
g. All Attachments within this Contract, including those incorporated by reference, and any
Amendments are considered part of the terms of this Contract.
h. This Contract may use several different limitations, regulations, or policies to regulate the
same or similar matters. All such limitations, regulations, and policies are cumulative and
each will be performed in accordance with its terms.
i. Unless otherwise expressly provided, reference to any action of the System Agency or by the
System Agency by way of consent, approval, or waiver will be deemed modified by the
phrase "in its sole discretion."
j. Time is of the essence in this Contract.
ARTICLE II PAYMENT METHODS AND RESTRICTIONS
2.01 Payment Methods
Except as otherwise provided by the provisions of the Contract, the payment method will be one
or more of the following:
a. cost reimbursement. This payment method is based on an approved budget and submission
of a request for reimbursement of expenses Grantee has incurred at the time of the request;
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 and acceptable submission of all
required documentation, forms and/or reports; or
c. advance payment. This payment method is based on disbursal of the minimum necessary
funds to carry out the Program or Project where the Grantee has implemented appropriate
safeguards. This payment method will only be utilized in accordance with governing law
and at the sole discretion of the System Agency.
Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise
specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly
by the last business day of the month following the month in which expenses were incurred or
services provided. Grantee shall maintain all documentation that substantiates invoices and make
the documentation available to the System Agency upon request.
2.02 Final Billing Submission
Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or
payment request as a fmal close-out invoice not later than forty-five(45) calendar days following
Grantee Uniform Terms and Conditions
Page 6 of 19
v.3.1.17
the end of the term of the Contract. Reimbursement or payment requests received in the System
Agency's offices more than forty-five (45) calendar days following the termination of the
Contract may not be paid.
2.03 Financial Status Reports (FSRs)
Except as otherwise provided in these General Provisions or in the terms of any Program
Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets,
Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month
following the end of each quarter of the Program Attachment term for System Agency review
and financial assessment. Grantee shall submit the final FSR no later than forty-five (45)
calendar days following the end of the applicable term.
2.04 Debt to State and Corporate Status
Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State
Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason,
including a tax delinquency. Grantee, 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.). If tax payments become delinquent during the Contract term, all or part of the payments
under this Contract may be withheld until Grantee's delinquent tax is paid in full.
2.05 Application of Payment Due
Grantee agrees that any payments due under this Contract will be applied towards any debt of
Grantee, including but not limited to delinquent taxes and child support that is owed to the State
of Texas.
2.06 Use of Funds
Grantee shall expend funds provided under this Contract only for the provision of approved
services and for reasonable and allowable expenses directly related to those services.
2.07 Use for Match Prohibited
Grantee shall not use funds provided under this Contract for matching purposes in securing other
funding without the written approval of the System Agency.
2.08 Program Income
Income directly generated from funds provided under this Contract or earned only as a result of
such funds is Program Income. Unless otherwise required under the Program, Grantee shall use
the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to
further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall
identify and report this income in accordance with the Contract, applicable law, and any
programmatic guidance. Grantee shall expend Program Income during the Contract term and
may not carry Program Income forward to any succeeding term. Grantee shall refund program
income to the System Agency if the Program Income is not expended in the term in which it is
earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency
in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes
and under the conditions specified in this Contract.
Grantee Uniform Terms and Conditions
Page 7 of 19
v.3.1.17
2.09 Nonsupplanting
Grantee shall not use funds from this Contract to replace or substitute for existing funding from
other but shall use funds from this Contract to supplement existing state or local funds currently
available. Grantee shall make a good faith effort to maintain its current level of support.
Grantee 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 III. STATE AND FEDERAL FUNDING
3.01 Funding
This Contract is contingent upon the availability of sufficient and adequate funds. If funds
become unavailable through lack of appropriations, budget cuts, transfer of funds between
programs or agencies, amendment of the Texas General Appropriations Act, agency
consolidation, or any other disruptions of current funding for this Contract, the System Agency
may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to
immediate cancellation or termination, without penalty to the System Agency, if sufficient and
adequate funds are not available. Grantee will have no right of action against the System Agency
if the System Agency cannot perform its obligations under this Contract as a result of lack of
funding for any activities or functions contained within the scope of this Contract. In the event of
cancellation or termination under this Section, the System Agency will not be required to give
notice and will not be liable for any damages or losses caused or associated with such
termination or cancellation.
3.02 No debt Against the State
The Contract will not be construed as creating any debt by or on behalf of the State of Texas.
3.03 Debt to State
If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment,
the Grantee acknowledges the System Agency's payments under the Contract will be applied
toward eliminating the debt or delinquency. This requirement specifically applies to any debt or
delinquency,regardless of when it arises.
3.04 Recapture of Funds
The System Agency may withhold all or part of any payments to Grantee to offset overpayments
made to the Grantee. Overpayments as used in this Section include payments (i) made by the
System Agency that exceed the maximum allowable rates; (ii)that are not allowed under applicable
laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Contract, including any
unapproved expenditures. Grantee understands and agrees that it will be liable to the System
Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received
under this Contract. Grantee further understands and agrees that reimbursement of such
disallowed costs will be paid by Grantee from funds which were not provided or otherwise made
available to Grantee under this Contract.
Grantee Uniform Terms and Conditions
Page 8 of 19
v.3.1.17
ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS
4.01 Allowable Costs.
System Agency will reimburse the allowable costs incurred in performing the Project that are
sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and
within the applicable term to be eligible for reimbursement under this Contract. The System
Agency will determine whether costs submitted by Grantee are allowable and eligible for
reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible
costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the
System Agency within thirty (30) calendar days of the date of this written notice. The System
Agency may withhold all or part of any payments to Grantee to offset reimbursement for any
unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if
financial status report(s) required under the Financial Status Reports section are not submitted by
the due date(s). The System Agency may take repayment (recoup) from funds available under
this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost
principles, audit requirements, and administrative requirements include-
Applicable Entity Applicable Cost Audit Administrative
Principles Requirements Requirements
State, Local and 2 CFR, Part 225 2 CFR Part 200, 2 CFR Part 200 and
Tribal Governments Subpart F and UGMS
UGMS
Educational 2 CFR, Part 220 2 CFR Part 200, 2 CFR Part 200 and
Institutions Subpart F and UGMS
UGMS
Non-Profit 2 CFR, Part 230 2 CFR Part 200, 2 CFR Part 200 and
Organizations Subpart F and UGMS
UGMS
For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and
Organization other Contract Cost Subpart F and UGMS
than a hospital and an Principles UGMS
organization named in Procedures, or
OMB Circular A-122 uniform cost
(2 CFR Part, 230) as accounting
not subject to that standards that
circular. comply with cost
principles
acceptable to the
federal or state
awarding agency
Grantee Uniform Terms and Conditions
Page 9 of 19
v.3.1.17
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.
4.02 Independent Single or Program-Specific Audit
If Grantee,within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED
FIFTY THOUSAND DOLLARS ($750,000)in federal funds awarded, Grantee shall have a
single audit or program-specific audit in accordance with 2 CFR 200. The $750,000 federal
threshold amount includes federal funds passed through by way of state agency awards. If
Grantee, within Grantee's fiscal year, expends a total amount of at least$750,000 in state funds
awarded, Grantee must have a single audit or program-specific audit in accordance with UGMS,
State of Texas Single Audit Circular. The audit must be conducted by an independent certified
public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and
UGMS. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure
thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for
their program-specific audits. HHSC Single Audit Services will notify Grantee to complete the
Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination
Form within thirty(30)calendar days after notification by HHSC Single Audit Services to do so,
Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with
this Contract. Each Grantee that is required to obtain a single audit must competitively re-
procure single audit services once every six years. Grantee shall procure audit services in
compliance with this section, state procurement procedures, as well as with the provisions of
UGMS.
4.03 Submission of Audit
Due the earlier of 30 days after receipt of the independent certified public accountant's report or
nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the
Single Audit or Program-Specific Audit to the System Agency as directed in this Contract and
another copy to: single_audit_report@hhsc.state.tx.us
ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS
5.01 General Affirmations
Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under
the Signature Document, the General Affirmations have been reviewed and that Grantee is in
compliance with each of the requirements reflected therein.
5.02 Federal Assurances
Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract
under the Signature Document, the Federal Assurances have been reviewed and that Grantee is
in compliance with each of the requirements reflected therein.
5.03 Federal Certifications
Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract
under the Signature Document, that the Federal Certifications have been reviewed, and that
Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee
certifies that it is in compliance with all applicable federal laws, rules, or regulations, as they
may pertain to this Contract.
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ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY
6.01 Ownership
The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title,
and interest in all Deliverables.
6.02 Intellectual Property
a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to,
their respective pre-existing Intellectual Property. A license to either Party's pre-existing
Intellectual Property must be agreed to under this or another contract.
b. Grantee grants to the System Agency and the State of Texas a royalty-free, paid up,
worldwide,perpetual, non-exclusive, non-transferable license to use any Intellectual Property
invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of
the Project. Grantee will require its contractors to grant such a license under its contracts.
ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE
7.01 Books and Records
Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete
records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the
United States Government, and their authorized representatives sufficient information to
determine compliance with the terms and conditions of this Contract and all state and federal
rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will
maintain legible copies of this Contract and all related documents for a minimum of seven (7)
years after the termination of the contract period or seven (7) years after the completion of any
litigation or dispute involving the Contract,whichever is later.
7.02 Access to records,books, and documents
In addition to any right of access arising by operation of law, Grantee and any of Grantee's
affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of
its duly authorized representatives, as well as duly authorized federal, state or local authorities,
unrestricted access to and the right to examine any site where business is conducted or Services
are performed, and all records, which includes but is not limited to financial, client and patient
records, books, papers or documents related to this Contract. If the Contract includes federal
funds, federal agencies that will have a right of access to records as described in this section
include: the federal agency providing the funds, the Comptroller General of the United States,
the General Accounting Office, the Office of the Inspector General, and any of their authorized
representatives. In addition, agencies of the State of Texas that will have a right of access to
records as described in this section include: the System Agency, HHSC, HHSC's contracted
examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor
agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the
System Agency or any duly authorized authority, for the purpose of investigation or hearing,
Grantee will produce original documents related to this Contract. The System Agency and any
duly authorized authority will have the right to audit billings both before and after payment, and
all documentation that substantiates the billings. Grantee will include this provision concerning
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the right of access to, and examination of, sites and information related to this Contract in any
Subcontract it awards.
7.03 Response/compliance with audit or inspection findings
a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections
necessary to address any finding of noncompliance with any law, regulation, audit
requirement, or generally accepted accounting principle, or any other deficiency identified in
any audit, review, or inspection of the Contract and the goods or services provided
hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense.
Whether Grantee's action corrects the noncompliance will be solely the decision of the
System Agency.
b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions
of Grantee's and its Subcontractors' internal audit reports relating to the Services and
Deliverables provided to the State under the Contract.
7.04 SAO Audit
Grantee understands that acceptance of funds directly under the Contract or indirectly through a
Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office
(SAO), or any successor agency, to conduct an audit or investigation in connection with those
funds. Under the direction of the legislative audit committee, an entity that is the subject of an
audit or investigation by the SAO must provide the SAO with access to any information the SAO
considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO
or its successor in the conduct of the audit or investigation, including providing all records
requested. Grantee will ensure that this clause concerning the authority to audit funds received
indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any
Subcontract it awards.
7.05 Confidentiality
Any specific confidentiality agreement between the Parties takes precedent over the terms of this
section. To the extent permitted by law, Grantee agrees to keep all information confidential, in
whatever form produced, prepared, observed, or received by Grantee. The provisions of this
section remain in full force and effect following termination or cessation of the services
performed under this Contract.
7.06 Public Information Act
Information related to the performance of this Contract may be subject to the PIA and will be
withheld from public disclosure or released only in accordance therewith. Grantee must make all
information not otherwise excepted from disclosure under the PIA available in portable
document file(".pdf') format or any other format agreed between the Parties.
ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION
8.01 Contract Management
To ensure full performance of the Contract and compliance with applicable law, the System
Agency may take actions including:
a. Suspending all or part of the Contract;
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b. Requiring the Grantee to take specific corrective actions in order to remain in compliance
with term of the Contract;
c. Recouping payments made to the Grantee found to be in error;
d. Suspending, limiting, or placing conditions on the continued performance of the Project;
e. Imposing any other remedies authorized under this Contract; and
f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law,
regulation,or rule.
8.02 Termination for Convenience
The System Agency may terminate the Contract at any time when, in its sole discretion, the
System Agency determines that termination is in the best interests of the State of Texas. The
termination will be effective on the date specified in HHSC's notice of termination.
8.03 Termination for Cause
Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System
Agency may terminate the Contract, in whole or in part,upon either of the following conditions:
a. Material Breach
The System Agency will have the right to terminate the Contract in whole or in part if the
System Agency determines, at its sole discretion, that Grantee has materially breached the
Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction and such violation prevents or substantially impairs performance of
Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's
Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS)
will also constitute a material breach of the Contract.
b. Failure to Maintain Financial Viability
The System Agency may terminate the Contract if, in its sole discretion, the System Agency has
a good faith belief that Grantee no longer maintains the financial viability required to complete
the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract.
8.04 Equitable Settlement
Any early termination under this Article will be subject to the equitable settlement of the
respective interests of the Parties up to the date of termination.
ARTICLE IX MISCELLANEOUS PROVISIONS
9.01 Amendment
The Contract may only be amended by an Amendment executed by both Parties.
9.02 Insurance
Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of
this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and
potential liabilities thereunder with financially sound and reputable insurers licensed by the
Texas Department of Insurance, in the type and amount customarily carried within the industry
as determined by the System Agency. Grantee will provide evidence of insurance as required
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under this Contract, including a schedule of coverage or underwriter's schedules establishing to
the satisfaction of the System Agency the nature and extent of coverage granted by each such
policy, upon request by the System Agency. In the event that any policy is determined by the
System Agency to be deficient to comply with the terms of this Contract, Grantee will secure
such additional policies or coverage as the System Agency may reasonably request or that are
required by law or regulation. If coverage expires during the term of this Contract, Grantee must
produce renewal certificates for each type of coverage.
These and all other insurance requirements under the Contract apply to both Grantee and its
Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all
requirements.
9.03 Legal Obligations
Grantee will comply with all applicable federal, state, and local laws, ordinances, and
regulations, including all federal and state accessibility laws relating to direct and indirect use of
information and communication technology. Grantee will be deemed to have knowledge of all
applicable laws and regulations and be deemed to understand them. In addition to any other act
or omission that may constitute a material breach of the Contract, failure to comply with this
Section may also be a material breach of the Contract.
9.04 Permitting and Licensure
At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract
any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification
or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide
the goods or Services required by this Contract. Grantee will be responsible for payment of all
taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be
responsible for payment of any such government obligations not paid by its contactors or
subcontractors during performance of this Contract.
9.05 Indemnity
To THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM
AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS,
SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS'
FEES AND COURT COSTS ARISING OUT OF,OR CONNECTED WITH,OR RESULTING FROM:
a. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR
OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF
GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN
THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;OR
b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION,
STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE,
SUBCONTRACTOR,OR SUPPLIER OF GRANTEE,OR ANY THIRD PARTY UNDER THE CONTROL
OR SUPERVISION OF GRANTEE,IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;
OR
C. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION
AGAINST GRANTEE,ITS OFFICERS,OR ITS AGENTS;OR
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d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY
THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER
INTELLECTUAL PROPERTY RIGHTS.
GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL.
THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE
TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR
LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR
ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS
CONTRACT.
9.06 Assignments
Grantee may not assign all or any portion of its rights under, interests in, or duties required under
this Contract without prior written consent of the System Agency, which may be withheld or
granted at the sole discretion of the System Agency. Except where otherwise agreed in writing
by the System Agency, assignment will not release Grantee from its obligations under the
Contract.
Grantee understands and agrees the System Agency may in one or more transactions assign,
pledge, or transfer the Contract. This assignment will only be made to another State agency or a
non-state agency that is contracted to perform agency support.
9.07 Relationship of the Parties
Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract,
will have the sole right to supervise, manage, operate, control, and direct performance of the
details incident to its duties under this Contract. Nothing contained in this Contract will be
deemed or construed to create a partnership or joint venture, to create relationships of an
employer-employee or principal-agent, or to otherwise create for the System Agency any
liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or
any other Party.
Grantee will be solely responsible for, and the System Agency will have no obligation with
respect to:
a. Payment of Grantee's employees for all Services performed;
b. Ensuring each of its employees, agents, or Subcontractors who provide Services or
Deliverables under the Contract are properly licensed, certified, or have proper permits to
perform any activity related to the Work;
c. Withholding of income taxes,FICA,or any other taxes or fees;
d. Industrial or workers' compensation insurance coverage;
e. Participation in any group insurance plans available to employees of the State of Texas;
f. Participation or contributions by the State to the State Employees Retirement System;
g. Accumulation of vacation leave or sick leave; or
h. Unemployment compensation coverage provided by the State.
9.08 Technical Guidance Letters
In the sole discretion of the System Agency, and in conformance with federal and state law, the
System Agency may issue instructions, clarifications, or interpretations as may be required
during Work performance in the form of a Technical Guidance Letter. A TGL must be in
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writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any
TGL issued by the System Agency will be incorporated into the Contract by reference herein for
all purposes when it is issued.
9.09 Governing Law and Venue
This Contract and the rights and obligations of the Parties hereto will be governed by, and
construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions.
Venue of any suit brought under this Contract will be in a court of competent jurisdiction in
Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably
waives any objection, including any objection to personal jurisdiction or the laying of venue or
based on the grounds of forum non conveniens, which it may now or hereafter have to the
bringing of any action or proceeding in such jurisdiction in respect of this Contract or any
document related hereto.
9.10 Severability
If any provision contained in this Contract is held to be unenforceable by a court of law or
equity, this Contract will be construed as if such provision did not exist and the non-
enforceability of such provision will not be held to render any other provision or provisions of
this Contract unenforceable.
9.11 Survivability
Termination or expiration of this Contract or a Contract for any reason will not release either
party from any liabilities or obligations in this Contract that the parties have expressly agreed
will survive any such termination or expiration, remain to be performed, or by their nature would
be intended to be applicable following any such termination or expiration, including maintaining
confidentiality of information and records retention.
9.12 Force Majeure
Except with respect to the obligation of payments under this Contract, if either of the Parties,
after a good faith effort, is prevented from complying with any express or implied covenant of
this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order,
rule, or regulation of governmental authority; or similar events that are beyond the control of the
affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the
affected Party's obligation to comply with such covenant will be suspended, and the affected
Party will not be liable for damages for failure to comply with such covenant. In any such event,
the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure
event in writing and, if possible, such notice will set forth the extent and duration thereof.
9.13 No Waiver of Provisions
Neither failure to enforce any provision of this Contract nor payment for services provided under
it constitute waiver of any provision of the Contract.
9.14 Publicity
Except as provided in the paragraph below, Grantee must not use the name of, or directly or
indirectly refer to, the System Agency, the State of Texas, or any other State agency in any
media release, public announcement, or public disclosure relating to the Contract or its subject
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matter, including in any promotional or marketing materials, customer lists, or business
presentations.
Grantee may publish, at its sole expense, results of Grantee performance under the Contract with
the System Agency's prior review and approval, which the System Agency may exercise at its
sole discretion. Any publication (written, visual, or sound) will acknowledge the support
received from the System Agency and any Federal agency, as appropriate.
9.15 Prohibition on Non-compete Restrictions
Grantee will not require any employees or Subcontractors to agree to any conditions, such as
non-compete clauses or other contractual arrangements that would limit or restrict such persons
or entities from employment or contracting with the State of Texas.
9.16 No Waiver of Sovereign Immunity
Nothing in the Contract will be construed as a waiver of sovereign immunity by the System
Agency.
9.17 Entire Contract and Modification
The Contract constitutes the entire agreement of the Parties and is intended as a complete and
exclusive statement of the promises, representations, negotiations, discussions, and other
agreements that may have been made in connection with the subject matter hereof. Any
additional or conflicting terms in any future document incorporated into the Contract will be
harmonized with this Contract to the extent possible by the System Agency.
9.18 Counterparts
This Contract may be executed in any number of counterparts, each of which will be an original,
and all such counterparts will together constitute but one and the same Contract.
9.19 Proper Authority
Each Party hereto represents and warrants that the person executing this Contract on its behalf
has full power and authority to enter into this Contract. Any Services or Work performed by
Grantee before this Contract is effective or after it ceases to be effective are performed at the sole
risk of Grantee with respect to compensation.
9.20 Employment Verification
Grantee will confirm the eligibility of all persons employed during the contract term to perform
duties within Texas and all persons, including subcontractors, assigned by the contractor to
perform work pursuant to the Contract.
9.21 Civil Rights
a. Grantee agrees to comply with state and federal anti-discrimination laws, including:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
5. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
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7. The System Agency's administrative rules, as set forth in the Texas Administrative Code,
to the extent applicable to this Agreement.
Grantee agrees to comply with all amendments to the above-referenced laws, and all
requirements imposed by the regulations issued pursuant to these laws. These laws provide in
part that no persons in the United States may, on the grounds of race, color, national origin,
sex, age, disability, political beliefs, or religion, be excluded from participation in or denied
any aid, care, service or other benefits provided by Federal or State funding, or otherwise be
subjected to discrimination.
b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing
regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting
and implementing policies and procedures that exclude or have the effect of excluding or
limiting the participation of clients in its programs, benefits, or activities on the basis of
national origin. State and federal civil rights laws require contractors to provide alternative
methods for ensuring access to services for applicants and recipients who cannot express
themselves fluently in English. Grantee 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.
c. Grantee agrees to post applicable civil rights posters in areas open to the public informing
clients of their civil rights and including contact information for the HHS Civil Rights Office.
The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov/system-support-
services/civil-rights/publications
d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at
45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that
participates in programs funded by direct fmancial assistance from the United States
Department of Agriculture or the United States Department of Health and Human Services
shall not discriminate against a program beneficiary or prospective program beneficiary on
the basis of religion or religious belief.
e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the
Grantee's civil rights policies and procedures.
f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received
relating to its performance under this Agreement. This notice must be delivered no more than
ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section
must be directed to:
HHSC Civil Rights Office
701 W. 51st Street,Mail Code W206
Austin,Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512)438-4313
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TTY Toll Free: (877)432-7232
Fax: (512)438-5885.
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