HomeMy WebLinkAboutPR 20208: TEXAS DEPARTMENT OF STATE HEALTH SERVICES, HEALTHY TEXAS BABIES COALITION GRANT is.....dotha
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INTEROFFICE MEMORANDUM
Date: April 10, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Judith A. Smith, RN, BSN, Director of Health Services 93
RE: Authorization to approve the Contract between the Texas Department of State
Health Services and the City of Port Arthur for a Healthy Babies Community
Coalition Initiative Grant.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City of Port
Arthur Health Department to receive funding in the amount of$174,375.00 over a three year
period in order to ensure that our community has a decrease in infant mortality.
Background: The Healthy Texas Babies initiative was developed to help Texas communities
decrease infant mortality using evidence-based interventions. It involves community
stakeholders, healthcare providers, and insurance companies. A reduction in infant mortality
will improve the health of Texas babies and mothers and has the potential to save millions of
dollars in healthcare costs. Jefferson County has been recognized as a high risk area for infant
mortality. The goal is to reduce disparities in poor birth outcomes and maternal and infant
mortality among Texans using participatory models of programming.
The City of Port Arthur Health Department will utilize the local partnerships that we have
already and we will establish a coalition to set up goals to help this community reduce the rate
of infant deaths. The goal is also reduce preterm births in our community by 8% over a two
year period.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
City of - 4
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www.PortArthurTx.gov
Budget 1 mpact: Total payments received from this contract will be $174,375.00 over the two
year period. For year one the funding amount is $39,375.00, for years two and three,
$67,500.00 through August 31, 2020. These funds will cover operation of the program;
salaries, fringe, travel and supplies.
Recommendation:
It is recommended that City Council approve P.R. No. 20208 between the Texas Department
of State Health Services and the City of Port Arthur for a Texas Health Babies Community
Coalition grant.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 *409.983.8101 * FAX 409.982.6743
P. R. No. 20208
04/10/2018-js
RESOLUTION NO.
A RESOLUTION APPROVING THE CONTRACT
AMENDMENT BETWEEN TEXAS DEPARTMENT OF
STATE HEALTH SERVICES AND THE CITY OF PORT
ARTHUR FOR A HEALTHY TEXAS BABIES COALITION
GRANT FOR A TOTAL NOT TO EXCEED $174,375
THROUGH AUGUST 31,2020 (NO MATCH REQUIRED)
WHEREAS, the Healthy Texas Babies Initiative was developed to help Texas
communities decrease infant mortality using evidence-based intervention. This initiative
involves community stakeholders,healthcare providers, and insurance companies; and,
WHEREAS, a reduction in infant mortality will improve the health of the Texas
babies and mothers and has the potential to save millions of dollars in healthcare costs;
and,
WHEREAS, Jefferson County has been recognized as a high infant mortality
county and these grant funds will help to reduce disparities in poor birth outcomes and
maternal and infant mortality.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That,the facts and opinions are true and correct.
Section 2. That, the City Council of the City of Port Arthur hereby approves
the contract amendment between the City of Port Arthur and the Department of State
Health Services for the Public Health Preparedness Program.
Section 3. That, the City Council deems it is in the best interest of the City to
approve and authorize the City Manager and the Director of the City's Health
Department to execute the contract amendment between the Department of State Health
P. R. No. 20208
04/10/2018-js
Services and the City of Port Arthur, TX in substantially the same form as attached hereto
as Exhibit "A".
Section 4. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of April, 2018 A.D.,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following Vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor, Derrick Freeman
ATTEST:
Sherri Bellard, City Secretary
APPROVE 1 AS TO FORM:
\i; _
Val Tizeno, 'ity • t . ey
P. R. No. 20208
04/10/2018-js
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
19uAi/ litgal ,Qiv jsi1
J ith A. Smith, RN, BSN
Director of Health Services
APPROVED AS TO AVAILABILITY OF FUNDS:
/A
Andrew Vasquez, DireYtor of Finance
EXHIBIT "A"
DocuSign Envelope ID:86D62393-F265-4F3F-B62D-174044CDDBD4
SIGNATURE PAGE FOR
SYSTEM AGENCY CONTRACT No.HHS000094000001
DEPARTMENT OF STATE HEALTH SERVICES GRANTEE
Manda Hall, M.D. Name:
Associate Commissioner Title:
Community Health Improvement
Date of execution: Date of execution:
THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No.HHS000094000001 ARE
HEREBY INCORPORATED BY REFERENCE:
ATTACHMENT A—STATEMENT OF WORK
ATTACHMENT B--BUDGET
ATTACHMENT C--UNIFORM TERMS AND CONDITIONS
ATTACHMENT D—SUPPLEMENTAL&SPECIAL CONDITIONS
ATTACHMENT E--FFATA
ATTACHMENT F--FEDERAL ASSURANCES AND CERTIFICATIONS
ATTACHMENTS FOLLOW
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System Agency Contract No.14HS000094000001
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ATTACHMENT A
STATEMENT OF WORK
GRANTEE RESPONSIBILITIES
Grantee will:
A. Coordinate the Healthy Texas Babies Community Coalitions (HTBCC) initiative and
collaborate with community partners and stakeholders to strengthen local capacity and
community partnerships in Jefferson County, and to improve birth outcomes and reduce
disparities in infant mortality rates towards achievement of Healthy People 2020 goals.
B. Conduct a needs assessment of the local community. The needs assessment will include:
1. Target population demographics, geographic, socio-economic data, fetal, maternal
and infant health and mortality data,racial/ethnic disparities,and community health
status information;
2. Rapid assessment of relevant community perinatal knowledge, attitudes and
practices;
3. Gaps, barriers and strengths of local health services and provider characteristics;
4. Perinatal periods of risk analysis;
5. Ongoing data gathering and analysis in support of SOW activities.
C. Carry out an appraisal of community and HTBCC stakeholders, members and partners
which includes assessment of:
1. Organizational capacity of partners;
2. Levels of commitment;
3. Operational strengths and potential areas of contribution to HTBCC goals;
4. Opportunities for engagement of new and non-traditional partners;
5. Current locally implemented strategies and interventions relevant to infant
mortality;
6. Ongoing community appraisal and analysis in support of SOW activities.
D. Utilize data analysis, needs assessment information and community stakeholder appraisal
to develop and refine a HTBCC strategic action plan which identifies and justifies:
1. Locally appropriate evidence based, evidence informed infant mortality and
disparity reduction interventions for implementation;
2. SMART objectives for proposed interventions;
3. Roles and responsibilities for HTBCC members and partners;
4. Resources needed and resources to be leveraged for strategic plan implementation;
5. Evaluation and sustainability measures and milestones to be employed;
6. Needs for technical assistance and subject matter expertise support.
E. Carry out and oversee implementation activities of the HTBCC strategic action plan by:
1. Coordinating activities and achievement of milestones with partners, stakeholders,
System Agency and community members;
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System Agency Contract No.HHS00009400000 I
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2. Establishing and tracking process and outcomes measures;
3. Reporting on activities,progress towards milestones,and challenges as established
by System Agency;
4. Utilizing rapid cycle quality improvement for systems change;
5. Activating HTBCC members and stakeholders in implementation efforts to
mobilize community involvement and collective impact.
F. Work with System Agency and other HTB contractors to participate in and support local
capacity and commitment building activities by:
1. Coordinating periodic HTBCC meetings to provide a forum to discuss data and
infant mortality strategies;
2. Obtaining input and feedback from stakeholders as part of the planning
implementation and evaluation of the HTBCC strategic plan;
3. Coordinating HTBCC stakeholder participation in webinars, trainings,
collaborative learning forums and events;
4. Strengthening and expanding community partnerships by recruiting and engaging
members; developing and defining member roles; expanding and strengthening
coordination and collaboration among partners; and
5. Providing information to and dissemination channels for documentation of best
practices, success stories, HTBCC dashboards, news from the field and other
relevant updates and events.
G. Submit to System Agency the following documents or reports in the formats requested by
System Agency:
1. A Work Plan due within 30 days of Contract execution that outlines implementation
of the Contractor's approach to comply with this Contract. System Agency must
provide written approval of the Work Plan prior to implementation.
2. Quarterly programmatic reports and implementation of strategies submitted to
cdsb@dshs.texas.gov and titlev@dshs.texas.gov by the below dates:
i. September 1 -November 30 Due December 31
ii. December 1 —February 28 Due March 31
iii. March 1-May 31 Due June 30
iv. June 1-August 31 Due September 30
3. Quarterly Financial Status Reports (FSR) to be submitted to
invoices@dshs.texas.gov and to cdsb@dshs.texas.gov by the below dates:
i. September 1 -November 30 Due December 31
ii. December 1 —February 28 Due March 31
iii. March 1-May 31 Due June 30
iv. June 1-August 31 Due October 15
4. Annual report to update System Agency on assessments,activities carried out,
and intervention impact using guidelines and deadlines set forth by System
Agency.
H. PERFORMANCE MEASURES
The System Agency will monitor the Grantee's performance of the requirements in
Attachment A and compliance with the Contract's terms and conditions.
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IILINVOICE AND PAYMENT
A. Grantee will request monthly payments using the State of Texas Purchase Voucher(Form
B-13) http://www.dshs.texas.gov/grants/forms.shtm. Voucher and any supporting
documentation will be mailed or submitted by fax or electronic mail to the address/number
below. Grantee shall electronically submit a final close-out voucher not later than forty-
five (45) days following the end of the applicable Contract term(s) for costs encumbered
on or before the last day of the Contract term. Vouchers received more than forty-five(45)
days following the end of the applicable Contract term will not be paid.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
FAX: (512)458-7442
EMAIL: invoices iidshs.texas.gov
And:
Contract Development and Support Branch (CDSB)
DSHS Performance Management Unit
cdsb@dshs.texas.gov
B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in
Attachment B of this Contract.
Remainder of Page Intentionally Left Blank.
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System Agency Contract No.HHS000094000001
DocuSign Envelope ID:86D62393-F265-4F3F-B62D-174044CDDBD4
ATTACHMENT B
BUDGET
Budget Categories FY 2018 FY 2019 FY2020 Total Budget
Budget Budget Budget Summary
Summary Summary Summary
Personnel $ 0.00 $ 0.00 $ 0.00 $ 0.00
Fringe Benefits $ 0.00 $ 0.00 $ 0.00 $ 0.00
Travel $ 2,110.00 $ 3,410.00 $ 3,410.00 $ 8,930.00
Equipment $ 0.00 $ 0.00 $ 0.00 $ 0.00
Supplies $ 600.00 $ 1,325.00 $ 1,325.00 $ 3,250.00
Contractual $26,100.00 $52,200.00 $52,200.00 $130,500.00
Other $10,565.00 $10,565.00 $10,565.00 $ 31,695.00
Sum of Direct Costs $39,375.00 $67,500.00 $67,500.00 $174,375.00
Indirect Costs * $ 0.00 $ 0.00 $ 0.00 $ 0.00
Sum of Total Direct Costs $39,375.00 $67,500.00 $67,500.00 $174,375.00
and Indirect Costs
TOTAL $39,375.00 $67,500.00 $67,500.00 $174,375.00
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System Agency Contract No.HHS00009400000 I
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HHSC Untorm Terms and Conditions Version 2.15
Published and Effective:September 1,2017
Responsible Office:Chief Counsel
W.fa
TEXAS
: I
Health and Human Services
Health and Human Services Commission
HHSC Uniform Terms and Conditions - Grant
Version 215
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TABLE OF CONTENTS
ARTICLE L 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 IH.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
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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
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ARTICLE L 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.
"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
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 Protege" means the Comptroller of Public Accounts' leadership program found at:
http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/.
Grantee Uniform Terms and Conditions
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"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.
"Proiect"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.
"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:HHSC and the Department of State Health Services.
"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
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
Grantee Uniform Terms and Conditions
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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 H 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
the end of the term of the Contract. Reimbursement or payment requests received in the System
Grantee Uniform Terms and Conditions
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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 food 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(gx2),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
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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 IlL 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
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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 tha4 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
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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 INTELLECTUAI,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 fmancial,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 ANI)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,riles,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 last System(EPLS)
will also constitute a material breach of the Contract.
b. Failure to Maintain Finandal 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 LIABILrrIES,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 he 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 retentibn.
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
cm 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:httn://hhscx.hhsc.texas.gov/system-suoport-
services/civil-rielrts/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 financial 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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