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HomeMy WebLinkAboutPR 20975: TO AMEND THE CONTRACT WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PRIMARY HEALTH CARE PROGRAM AND THE CITY OF PORT ARTHUR Enern City of City 410/ % ort rthu^�� Texas Date: July 23, 2019 To: Rebecca Underhill, Interim City Manager From: Judith A. Smith,RN, BSN, Director of Health RE: Approval To Amend The Contract Between the Department of Health and Human Services Primary Health Care Program and the City of Port Arthur NO CASH MATCH Nature of the Request: This is a request to amend the contract ID # 2016-048585-002 with Texas Department of Health and Human Services Commission to increase the total amount of the contract to $326,900, with $62,300 being allocated toward the contract period of September 1, 2019 through August 31, 2020. This Primary Health Care contract provides preventive health services, including immunizations, diagnosis and treatment of acute illnesses, health education, and diagnostic tests including lab and x-rays for eligible participants at or below 150% of the current federal poverty guidelines. Analysis, Considerations: The contract period starts 09/01/2019 and ends 08/31/2020 and provides for salaries and fringe benefits for one full-time eligibility/billing clerk, office supplies and travel expenses. Recommendations: It is recommended that the City Council approve P.R. No. 20975 for the FY 2019-2020 contract between the Department of Health and Human Services Primary Health Care Program and the City of Port Arthur program to provide primary and preventive health care services. Budget Considerations: The total budget is $326,900. The breakdown for this grant includes, FY 2016 receiving $70,000, FY 2017 receiving $70,000, FY 2018 receiving $62,300, FY 2019 receiving $62,300 and the proposal for FY 2020 is $62,300. This is to cover the cost to operate the Primary Health Care clinic. "REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P.O.BOX 1089•PORT ARTHUR,TX 77641-1089.409/983-8101•FAX 409/982-6743 P.R. No. 20975 07/23/2019 js RESOLUTION NO. A RESOLUTION APPROVING THE AMENDMENT OF THE FY 2016 CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PRIMARY HEALTH CARE PROGRAM, INCREASING THE AMOUNT NOT TO EXCEED TO $326,900, OF WHICH $62,300 IS ALLOCATED TOWARD THE CONTRACT PERIOD SEPTEMBER 1, 2019 THROUGH AUGUST 31,2020. NO CASH MATCH REQUIRED. WHEREAS, this program provide preventive health services including immunizations, diagnosis and treatment of acute illnesses, family planning, health education, and diagnostic tests including lab and x-rays for eligible participants at or below 150% of the current federal poverty guidelines: and, WHEREAS, the FY 2016 Primary Health Care original contract was approved by council on September 15, 2015, Resolution No. 15-334 for funding for FY 2016; and, WHEREAS, this contract was amended and approved by council on June 20, 2017 per Resolution No. 17-160 for the contract period September 1, 2017 to August 31, 2019; and WHEREAS, this amendment is needed to the original FY 2016 contract increasing the total contract to an amount not to exceed $326,900, of which $62,300 is being allocated toward the contract period of September 1,2019 through August 31, 2020. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That,the facts and opinions in the preamble are true and correct. P.R.No. 20975 07/23/2019-j s 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 Health and Human Services Commission. Section 3. That, the City Council deems it is in the best interest of the City to approve and authorize the City Manager to execute the contract amendment between the Department of Health and Human Services Commission and the City of Port Arthur for Primary Health Care Services, as delineated in Exhibit "A." Section 4. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of July, 2019 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: "Thurman Bartie. Mayor ATTEST: Sherri Bellard, City Secretary P.R. No. 20975 07/23/2019-j s APPROVED AS TO FORM: 04 6C412(.1 Val f• Cit ttorney APPROVED FOR ADMINISTRATION: altak jegebk Rebecca Underhill, Interim City Manager Ju Smith, RN, BSN, Director of Health APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel, Inte Director of Finance EXHIBIT "A" DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No.2016-048585-002 AMENDMENT No.4 UNDER THE PRIMARY HEALTH CARE GRANT PROGRAM The HEALTH AND HUMAN SERVICES COMMISSION ("System Agency") and CITY OF PORT ARTHUR ("Contractor"), who are collectively referred to herein as the "Parties" to that certain Primary Health Care Contract effective September 1, 2015 and denominated HHSC Contract No. 2016-048585-002 ("Contract"),now want to amend the Contract. WHEREAS,the Parties want to,amongst other things,exercise the final year of renewal options in the Contract; add funds for Fiscal Year (FY) 2020 as further specified herein; revise the Statement of Work; and add the FY 2020 renewal forms to the Contract; and WHEREAS,the revisions will result in an addition of($62300.00)in state funds to be allocated as further specified herein. NOW,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. Section III of the Signature Document (Duration) is hereby amended by adding the following: The Contract is renewed for an additional one-year term (the "Renewal Term"). The Renewal Term begins on September 1, 2019 and ends on August 31, 2020, unless terminated in accordance with the terms and conditions of the Contract. 2. Section IV of the Signature Document (Budget) is hereby deleted in its entirety and replaced with the following: The total amount of this Contract will not exceed($326,900.00)in state grant funds to be allocated as follows: Fiscal Year(FY) Total State Funding FY 2016 (September 1, 2015 through August 31,2016) $ 70,000.00 FY 2017 (September 1, 2016 through August 31,2017) $ 70,000.00 FY 2018 (September 1,2017 through August 31,2018) $ 62,300.00 FY 2019 (September 1,2018 through August 31, 2019) $ 62,300.00 FY 2020(September 1,2019 through August 31, 2020) $ 62,300.00 All expenditures under the Contract will be in accordance with ATTACHMENT D,FY2020 BUDGET DOCUMENTS. All payments shall be made on a cost reimbursement basis. v.1.3 4.30.19 1 DocuSign Envelope ID C09140A3-76B4-4220-875B-D5CAEOAE2B82 3. Section V of the Signature Document(Notice to Proceed) is hereby deleted in its entirety and replaced with the following: V. Notice to Proceed Funding for this Contract is dependent on State Appropriations.No FY 2020 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee. This Notice to Proceed may include an Amended or Ratified Budget which will be incorporated into this Contract by a subsequent Amendment, as necessary. 4. Section VI of the Signature Document (Reporting Requirements) is hereby deleted in its entirety and replaced with the following: VI. Reporting Requirements Grantee shall submit monthly, quarterly, and annual programmatic reports and/or financial vouchers/reports as required in Attachment A-1 -Revised Statement of Work and the PHC Policy Manual, as amended. Other data and/or reports deemed necessary by System Agency may be required,upon reasonable notice to Grantee. 5. Section VII of the Signature Document(Contract Representatives)is hereby deleted in its entirety and replaced with the following: VII. Contract Representatives The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Health and Human Services Commission 4900 North Lamar Blvd. Austin,Texas, 78751 Attention: Marissa Acosta,Certified Texas Contract Manager Grantee City of Port Arthur 2600 Cedar Ave. Port Arthur,TX 78040 Attention: Rosario Cabello,Interim Co-City Manager 6. Indirect Cost Rate: The Grantee's acknowledged or approved Indirect Cost Rate(ICR) is contained within ATTACHMENT D,FY2020 BUDGET DOCUMENTS and either the ICR Acknowledgement Letter, ICR Acknowledgement Letter—Ten Percent De Minimis, or the ICR Agreement Letter is attached to this Contract and incorporated as ATTACHMENT E,INDIRECT COST RATE LETTER. v.1.3 4.30.19 2 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 If an Indirect Cost Rate Letter is required but it is not issued at the time of Contract execution,the Parties agree to amend the Contract to include the Indirect Cost Rate Letter as ATTACHMENT E and revise when the Indirect Cost Rate Letter is issued. 7. Attachment A of the Signature Document (Statement of Work) is hereby deleted in its entirety and replaced with the following attachment: Attachment A-1 Revised Statement of Work 8. Attachment B - Special Conditions, is hereby deleted in its entirety and replaced with the updated Attachment B-Special Conditions Version,which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 9. This Amendment shall be effective as of September 1, 2019. 10. Except as amended and modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 11. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS v.1.3 4.30.19 3 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 SIGNATURE PAGE FOR AMENDMENT No.4 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No.2016-048585-002 HEALTH AND HUMAN SERVICES CITY OF PORT ARTHUR COMMISSION Lindsay Rodgers ViaD a F. _4, e}}a Re is - V n cue r h .. 11 Associate Commissioner Title: Interim Co-City Manager Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1—REVISED STATEMENT OF WORK ATTACHENT B—SPECIAL CONDITIONS ATTACHMENT C-FY 2020 RENEWAL FORMS ATTACHMENT D-FY 2020 BUDGET DOCUMENTS • ATTACHMENT E-INDIRECT COST RATE LETTER,IF APPLICABLE v.1.3 4.30.19 4 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 ATTACHMENT A-1 STATEMENT OF WORK GRANTEE RESPONSIBILITIES Grantee will: A. Provide comprehensive preventive and primary health care (PHC) services to Texas residents with a gross family income at or below 200 percent of the federal poverty level (FPL). Grantee shall provide the following priority services: diagnosis and treatment, emergency medical services, family planning services, preventive health services, including immunizations, health education, and laboratory, x-ray, nuclear medicine, or other appropriate diagnostic services. In addition to priority services, Grantee may provide the following optional PHC services: nutrition services, health screening, home health care, dental care, transportation, prescription drugs, environmental health,podiatry, and social services. B. Provide services in accordance with this Contract, as amended, and the following documents which are incorporated herein by reference and made a part of this Contract: 1. Attachment C --Grantee's FY 2020 Renewal Forms; 2. HHSC Primary Health Care Program Policy Manual located at https://hhs.texas.gov/doing-business-hhs/provider-portals/health-services- providers/primary-health-care-services-program, as amended; and 3. Department of State Health Services Standards for Public Health Clinic Services, as amended; C. Screen all individuals considered for the PHC program to determine eligibility using a System Agency-approved screening process in accordance with the PHC Policy Manual, as amended. Grantee may not alter System Agency eligibility forms or use another eligibility form unless it is submitted to and approved by System Agency. For an individual to receive PHC services,three(3)criteria shall be met: 1. Texas resident; 2. Gross family income at or below 200% of the adopted Federal Poverty Level (FPL); and 3. Not eligible for other non-HHSC programs/benefits providing the same services. D. Provide information and supporting documentation as requested by System Agency to conduct desk reviews to verify accurate reporting/billing for the PHC Program. Failure to submit requested information in a timely manner may result in sanctions as authorized by the contract. If Grantee's desk review results in a finding of misappropriation of System Agency PHC co-payment (co-pay) policy, Grantee shall reimburse clients. E. Notify System Agency in writing within thirty (30) days of the vacancy of a position funded under this Contract. Grantee's contract award may be subject to a decrease equal to the salary savings(salary and benefits)realized as a result of the vacancy. DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 ATTACHMENT A-1 STATEMENT OF WORK F. Provide the following routine reports to System Agency in compliance with the dates and conditions specified below: Report Title Submission Frequency Due Date PHC 225 Report Monthly The last business day of the month Form following service. Staff Training Plan Annually—within 45 days October 15 of the beginning of the contract year Grantee's Co-pay One time(beginning of September 30th Policy and Fee contract year) Schedule Purchase Voucher Monthly The last business day of the month (Form 4116) following service. Financial Status Quarterly Report(FSR) Q 1: September 1 —Nov 30 Q 1: December 31 Q2: December 1 —February Q2: March 31 28/29 Q3: June 30 Q3: March 1 —May 31 Q4: October 15 Q4: June 1 —August 31 PHC 325 Annual Annually-within sixty October 30 Report (60)days after the end of the contract term 1. PHC Form 225 (the Monthly Report): shall be sent to HDS.ADS@hhsc.state.tx.us and PHCReports@hhsc.state.tx.us by the last business day of the month following the month of service. Grantee shall provide requested data according to specified criteria (e.g., age, gender,number of unduplicated clients, etc.) as detailed in PHC report Form 225. Vouchers (Form 4116) will not be paid until the corresponding monthly PHC Report Form 225 is received and approved. 2. PHC 325 Annual Report: Grantee shall provide an annual program report to System Agency no later than sixty(60)days after the end of the contract year.Grantee shall provide requested data according to specified criteria (e.g., age, gender, race, ethnicity, number of unduplicated clients, etc.) as detailed in PHC annual report Form 325. Grantee shall email the report to the PHC mailbox PHCReports@hhsc.state.tx.us. DocuSign Envelope ID: C09140A3-7684-4220-875B-D5CAEOAE2B82 ATTACHMENT A-1 STATEMENT OF WORK 3. Financial Status Report (FSR): Grantee shall submit quarterly FSRs to the Health and Developmental Services, Office of Primary and Specialty Health, Contract Management Branch by the last business day of the month following the end of each quarter during the Contract term.Vouchers(Form 4116)for the corresponding month will not be processed until the quarterly FSR is received, reviewed, and approved by System Agency. Grantee shall submit the final FSR no later than forty-five(45)days following the end of the applicable term. The final Voucher of the fiscal year will not be processed for payment until the final FSR is received, reviewed, and approved by System Agency. Failure to submit required reports in a timely manner may result in sanctions according to provisions of this Contract. Voucher will not be paid until the corresponding monthly report is received/approved. G. Maintain data and management information systems that are compatible with accurate reporting of contract performance. H. Make reasonable efforts to investigate and apply for all other sources of third party funding available to, or identified by, the patient before submitting System Agency Program claims for allowable costs. I. Implement policies and procedures for charging, billing, and collecting fees for individual client services provided.These policies and procedures shall be reviewed by Grantee's policy board or advisory committee. J. Comply with the following guidelines regarding co-pays, as applicable. Grantee may assess a co-pay from clients who receive services under this Contract, in accordance with the PHC policy manual, as amended. Grantee may not deny a service due to inability to pay. If Grantee charges client co-pay, Grantee shall adhere to the PHC fee schedule in the PHC Policy Manual. Grantee shall submit the entity's FY 2020 PHC client co-pay policy and fee schedules to the PHC mailbox (PHCReports@,hhsc.state.tx.us) for review and approval by September 30 of each Contract year. The Grantee shall waive the fee if a client self-declares an inability to pay.No client shall be denied services based on an inability to pay. K. Report client co-pays as program income on the monthly Purchase Voucher Form 4116 and the quarterly Financial Status Report(FSR or Form 269a). See Appendices in the System Agency PHC Policy and Procedure Manual, as amended, for the System Agency client co-pay fee schedule.This section shall not be construed to apply to funds raised by Grantee from fund-raising activities or donations. Fund raising includes membership drives or special events used to raise program funds. Donations include monies donated to the program by individuals and private groups, such as churches or other organizations. L. Contractor shall include funds in the Travel budget category for a minimum of two(2) staff members to attend up to two (2) trainings for two (2) days; to be held in Austin, DocuSign Envelope ID:C09140A3-7684-4220-8758-D5CAEOAE2B82 ATTACHMENT A-1 STATEMENT OF WORK Dallas/Fort Worth, Houston or San Antonio in the fall, spring or summer of fiscal year 2020. M. Allow System Agency to conduct on-site quality assurance reviews as deemed necessary by System Agency. Unsatisfactory review fmdings may result in implementation of contract actions up to and including termination of the Contract. N. Notify the System Agency Health and Developmental Services, Office of Specialty Health Care Services, Contract Management Branch of any clinic site information changes,e.g.,changes in contact person,hours of operation,address,National Provider Identification (NPI) number, Texas Provider Identification (TPI) number, and the closure, relocation, and/or opening of clinic site(s). O. Initiate the purchase of all equipment approved in writing by System Agency by the last business day of May in each Contract year. P. Comply with all applicable federal and state laws, rules, regulations, standards and guidelines, as amended. II. PERFORMANCE MEASURES A. The following performance measures will be used to assess, in part, Grantee's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of this Contract: • For FY 2020, Grantee shall provide services to a minimum of 356 unduplicated clients at an average cost per client of$175.00 for clients who live or receive services in the following county: Jefferson. B. System Agency will monitor Grantee's performance measure activity. If the number of unduplicated clients served is less than that projected in Grantee's final approved Application, Grantee's funding award may be subject to a decrease for the remainder of the Contract year. 111. BILLING INSTRUCTIONS A. Grantee shall submit requests for reimbursement of allowable PHC costs on a Purchase Voucher (Form 4116) monthly by the last business day of the following of the month in which the costs were incurred. Grantee shall submit a reimbursement request as a final purchase voucher no later than forty-five (45) days following the end of the applicable Contract year for costs encumbered on or before the last day of the Contract year. Reimbursement requests received in System Agency offices more than forty-five (45) calendar days following the end of the applicable Contract year will not be paid. B. Grantee shall email Form 4116 to the email address provide on the form. DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 ATTACHMENT A-1 STATEMENT OF WORK C. Grantee shall submit Form 4116 each month for actual program expenditures,even if there are zero expenditures or if the contract budget limit has been reached. Contractor may be asked to submit additional documentation to verify expenditures. D. Accept reimbursement or payment from System Agency and any applicable fees from clients for clinical services as payment in full for services or goods provided to clients. Grantee shall not seek additional reimbursement or payment for services or goods from clients other than applicable fees for clinical health services. E. System Agency shall distribute funds to maximize the delivery of authorized services to eligible clients. System Agency will monitor Grantee's billing activity. Grantee may be subject to contract amount decreases if Grantee's billing activity is less than projected. F. Funds made available in the Contract year shall be used only for services performed during the same Contract year. Funds that are not expended for services during that Contract year cannot be used for services in any other period. Remainder of Page Intentionally Left Blank. DocuSign Envelope ID:C09140A3-76B4-4220-8758-D5CAEOAE2B82 Attachment B - Special Conditions DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 i Crow igloo I I.1 TE )(As . ,„ I ita v E \' 4 4,‘ : Health and Human Services Se il Health and Human Services Commission Special Conditions Version 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 Contents Article I. Special Definitions 1 Article II. General Provisions 2 Section 2.01 Other System Agencies Participation in the Contract 2 Section 2.02 Most Favored Customer 2 Section 2.03 Cooperation with HHSC Vendors 3 Section 2.04 Renegotiation and Reprocurement Rights 3 Article III. Contractors Personnel and Subcontractors 3 Section 3.01 Qualifications 3 Section 3.02 Conduct and Removal Article IV. Performance 4 Section 4.01 Measurement 4 Article V. Amendments and Modifications 4 Section 5.01 Formal Procedure 4 Section 5.02 Minor Administrative Changes 4 Article VI. Payment 4 Section 6.01 Enhanced Payment Procedures 4 Article VII. Confidentiality 5 Section 7.01 Consultant Disclosure 5 Section 7.02 Confidential System Information 5 Article VIII. Disputes and Remedies 6 Section 8.01 Agreement of the Parties 6 Section 8.02 Operational Remedies 6 Section 8.03 Equitable Remedies 7 Section 8.04 Continuing Duty to Perform 7 Article IX. Damages 7 Section 9.01 Availability and Assessment 7 Section 9.02 Specific Items of Liability 7 Article X. Turnover 8 Section 10.01 Turnover Plan 8 Section 10.02 Turnover Assistance 8 Article XI. Additional License and Ownership Provisions 8 Section 11.01 HHSC Additional Rights 8 Section 11.02 Third Party Software 8 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 Section 11.03 Software and Ownership Rights 9 Article XII. Uniform ICT Accessibility Clause 9 Section 12.01 Applicability 9 Section 12.02 Definitions 9 Section 12.03 Accessibility Requirements 10 Section 12.04 Evaluation, Testing and Monitoring 10 Section 12.05 Representations and Warranties 11 Section 12.06 Remedies 11 Article XIII. Miscellaneous Provisions 11 Section 13.01 Conflicts of Interest 11 Section 13.02 Flow Down Provisions 12 Section 13.03 Manufacturer's Warranties 12 Article XIV. DSHS Legacy Provisions 12 Section 14.01 Notice of Criminal Activity and Disciplinary Actions 12 Section 14.02 Notice of IRS or TWC Insolvency 13 Section 14.03 Education to Persons in Residential Facilities 13 Section 14.04 Disaster Services 13 Section 14.05 Consent by Non-Parent or Other State Law to Medical Care of a Minor 14 Section 14.06 Telemedicine/Telepsychiatry Medical Services 14 Section 14.07 Services and Information for Persons with Limited English Proficiency 14 Section 14.08 Third Party Payors 14 Section 14.09 HIV/AIDS Model Workplace Guidelines 15 Section 14.10 Medical Records Retention 15 Section 14.11 Notice of a License Action 15 Section 14.12 Interim Extension Amendment 15 Section 14.13 Child Abuse Reporting Requirement 16 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 HHSC SPECIAL CONDITIONS The terms and conditions of these Special Conditions are incorporated into and made a part of the Contract. Capitalized items used in these Special Conditions and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions—Vendor-Version 2.14 Article I. SPECIAL DEFINITIONS "Conflict of Interest"means a set of facts or circumstances,a relationship,or other situation under which Contractor, a Subcontractor, or individual has past, present, or currently planned personal or financial activities or interests that either directly or indirectly: (1) impairs or diminishes the Contractor's, or Subcontractor's ability to render impartial or objective assistance or advice to the HHSC; or(2) provides the Contractor or Subcontractor an unfair competitive advantage in future HHSC procurements. "Contractor Agents"means Contractor's representatives,employees,officers, Subcontractors,as well as their employees,contractors, officers,and agents. "Custom Software"means Software developed as a Deliverable or in connection with the Agreement. "Data Use Agreement"means the agreement incorporated into the Contract to facilitate creation,receipt, maintenance,use,disclosure or access to Confidential Information. "Item of Noncompliance" means Contractor's acts or omissions that: (1) violate a provision of the Contract; (2) fail to ensure adequate performance of the Work; (3)represent a failure of Contractor to be responsive to a request of HHSC relating to the Work under the Contract. "Minor Administrative Change"refers to a change to the Contract that does not increase the fees or term and done in accordance with Section 5.02 of these Special Conditions. "Confidential System Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Contractor; or that Contractor may create,receive,maintain,use,disclose or have access to on behalf of HHSC or through performance of the Work,which is not designated as Confidential Information in aData Use Agreement. "State"means the State of Texas and,unless otherwise indicated or appropriate,will be interpreted to mean HHSC and other agencies of the State of Texas that may participate in the administration of HHSC Programs; provided,however,that no provision will be interpreted to include any entity other than HHSC as the contracting agency. "Software"means all operating system and applications software used or created by Contractor to perform the Work under the Contract. "Third Party Software" refers to software programs or plug-ins developed by companies or individuals other than Contractor which are used in performance of the Work. It does not include items which are ancillary to the performance of the Work, such as internal systems of Contractor which were deployed by Contractor prior to the Contract and not procured to perform the Work. Page 1 of 16 V 1.2 9.1.17 DocuSign Envelope ID.C09140A3-76B4-4220-875B-D5CAEOAE2B82 "Turnover" means the effort necessary to enable HHSC, or its designee, to effectively close out the Contract and move the Work to another vendor or to perform the Work by itself. "Turnover Plan" means the written plan developed by Contractor, approved by HHSC, and to be employed when the Work described in the Contract transfers to HHSC,or its designee,from the Contractor. "UTC"means HHSC's Uniform Terms and Conditions-Vendor—Version 2.15 Article II. GENERAL PROVISIONS 2.01 Other System Agencies Participation in the Contract In addition to providing the Work specified for HHSC,Contractor agrees to allow other System Agencies the option to participate in the Contract under the same terms and conditions. Each System Agency that elects to obtain Work under this section will issue a purchase or Work order to Contractor,referring to,and incorporating by reference,the terms and conditions specified in the Contract. System Agencies have no authority to modify the terms of the Contract. However, additional System Agency terms and conditions that do not conflict with the Contract, and are acceptable to the Contractor, may be added in a purchase or Work order and given effect. No additional term or condition added in a purchase or Work order issued by a System Agency can conflict with or diminish a term or condition of the Contract. In the event of a conflict between a System Agency's purchase or Work order and the Contract, the Contract terms control. 2.02 Most Favored Customer Contractor agrees that if during the term of the Contract, Contractor enters into any agreement with any other governmental customer, or any non-affiliated commercial customer by which it agrees to provide equivalent services at lower prices, or additional services at comparable prices, Contractor will notify HHSC within(10)business days from the date Contractor executes any such agreement. Contractor agrees, at HHSC's option,to amend the Contract to accord equivalent advantage to HHSC. Page 2 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 2.03 Cooperation with HHSC Vendors At HHSC's request, Contractor will allow parties interested in responding to other HHSC solicitations to have reasonable access during normal business hours to the Work, software, systems documentation, and site visits to the Contractor's facilities. Contractor may elect to have such parties inspecting the Work, facilities, software or systems documentation to agree to use the information so obtained only in the State of Texas and only for the purpose of responding to the relevant HHSC solicitation. 2.04 Renegotiation and Reprocurement Rights Notwithstanding anything in the Contract to the contrary, HHSC may at any time during the term of the Contract exercise the option to notify Contractor that HHSC has elected to renegotiate certain terms of the Contract. Upon Contractor's receipt of any notice under this section,Contractor and HHSC will undertake good faith negotiations of the subject terms of the Contract. HHSC may at any time issue solicitation instruments to other potential contractors for performance of any portion of the Work covered by the Contract, including services similar or comparable to the Work, performed by Contractor under the Contract. If HHSC elects to procure the Work, or any portion thereof, from another vendor in accordance with this section,HHSC will have the termination rights set forth in the UTC. Article III. CONTRACTORS PERSONNEL AND SUBCONTRACTORS 3.01 Qualifications Contractor agrees to maintain the organizational and administrative capacity and capabilities proposed in its response to the Solicitation, as modified, to carry out all duties and responsibilities under the Contract. Contractor Agents assigned to perform the duties and responsibilities under the Contract must be and remain properly trained and qualified for the functions they are to perform. Notwithstanding the transfer or turnover of personnel, Contractor remains obligated to perform all duties and responsibilities under the Contract without degradation and in strict accordance with the terms of the Contract. 3.02 Conduct and Removal While performing the Work under the Contract, Contractor Agents must comply with applicable Contract terms, State and federal rules,regulations,HHSC's policies, and HHSC's requests regarding personal and professional conduct;and otherwise conduct themselves in a businesslike and professional manner. If HHSC determines in good faith that a particular Contractor Agent is not conducting himself or herself in accordance with the terms of the Contract, HHSC may provide Contractor with notice and documentation regarding its concerns. Upon receipt of such notice,Contractor must promptly investigate the matter and, at HHSC's election, take appropriate action that may include removing the Contractor Agent from performing any Work under the Contract and replacing the Contractor Agent with a similarly qualified individual acceptable to HHSC as soon as reasonably practicable or as otherwise agreed to by HHSC. Page 3 of 16 V 1.2 9.1.17 DocuSign Envelope ID:009140A3-76B4-4220-875B-D5CAEOAE2B82 Article IV. PERFORMANCE 4.01 Measurement Satisfactory performance of the Contract,unless otherwise specified in the Contract,will be measured by: (a) Compliance with Contract requirements, including all representations and warranties; (b) Compliance with the Work requested in the Solicitation and Work proposed by Contractor in its response to the Solicitation and approved by HHSC; (c) Delivery of Work in accordance with the service levels proposed by Contractor in the Solicitation Response as accepted by HHSC; (d) Results of audits, inspections,or quality checks performed by the HHSC or its designee; (e) Timeliness,completeness,and accuracy of Work;and (f) Achievement of specific performance measures and incentives as applicable. Article V. AMENDMENTS AND MODIFICATIONS 5.01 Formal Procedure No different or additional Work or contractual obligations will be authorized or performed unless contemplated within the Scope of Work and memorialized in an amendment or modification of the Contract that is executed in compliance with this Article. No waiver of any term, covenant, or condition of the Contract will be valid unless executed in compliance with this Article. Contractor will not be entitled to payment for Work that is not authorized by a properly executed Contract amendment or modification, or through the express written authorization of HHSC. Any changes to the Contract that results in a change to either the term, fees, or significantly impacting the obligations of the parties to the Contract must be effectuated by a formal Amendment to the Contract. Such Amendment must be signed by the appropriate and duly authorized representative of each party in order to have any effect. 5.02 Minor Administrative Changes HHSC's designee, referred to as the Contract Manager, Project Sponsor, or other equivalent, in the Contract,is authorized to provide written approval of mutually agreed upon Minor Administrative Changes to the Work or the Contract that do not increase the fees or term. Changes that increase the fees or term must be accomplished through the formal amendment procedure,as set forth in Section 5.01 of these Special Conditions. Upon approval of a Minor Administrative Change,HHSC and Contractor will maintain written notice that the change has been accepted in their Contract files. Article VI. PAYMENT 6.01 Enhanced Payment Procedures Page 4 of 16 V 1.2 9.1.17 DocuSign Envelope ID:009140A3-76B4-4220-875B-D5CAEOAE2B82 HHSC will be relieved of its obligation to make any payments to Contractor until such time as any and all set-off amounts have been credited to HHSC. If HHSC disputes payment of all or any portion of an invoice from Contractor,HHSC will notify the Contractor of the dispute and both Parties will attempt in good faith to resolve the dispute in accordance with these Special Conditions. HHSC will not be required to pay any disputed portion of a Contractor invoice unless, and until, the dispute is resolved. Notwithstanding any such dispute, Contractor will continue to perform the Work in compliance with the terms of the Contract pending resolution of such dispute so long as all undisputed amounts continue to be paid to Contractor. Article VII. CONFIDENTIALITY 7.01 Consultant Disclosure Contractor agrees that any consultant reports received by HHSC in connection with the Contract may be distributed by HHSC,in its discretion,to any other state agency and the Texas legislature. Any distribution may include posting on HHSC's website or the website of a standing committee of the Texas Legislature. 7.02 Confidential System Information HHSC prohibits the unauthorized disclosure of Other Confidential Information. Contractor and all Contractor Agents will not disclose or use any Other Confidential Information in any manner except as is necessary for the Work or the proper discharge of obligations and securing of rights under the Contract. Contractor will have a system in effect to protect Other Confidential Information. Any disclosure or transfer of Other Confidential Information by Contractor, including information requested to do so by HHSC,will be in accordance with the Contract. If Contractor receives a request for Other Confidential Information, Contractor will immediately notify HHSC of the request, and will make reasonable efforts to protect the Other Confidential Information from disclosure until further instructed by the HHSC. Contractor will notify HHSC promptly of any unauthorized possession,use,knowledge,or attempt thereof, of any Other Confidential Information by any person or entity that may become known to Contractor. Contractor will furnish to HHSC all known details of the unauthorized possession, use, or knowledge, or attempt thereof,and use reasonable efforts to assist HHSC in investigating or preventing the reoccurrence of any unauthorized possession, use, or knowledge,or attempt thereof,of Other Confidential Information. HHSC will have the right to recover from Contractor all damages and liabilities caused by or arising from Contractor or Contractor Agents' failure to protect HHSC's Confidential Information as required by this section. IN COORDINATION WITH THE INDEMNITY PROVISIONS CONTAINED IN THE UTC, Contractor WILL INDEMNIFY AND HOLD HARMLESS HHSC FROM ALL DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND COSTS) CAUSED BY OR ARISING FROM Contractor OR Contractor AGENTS FAILURE TO PROTECT OTHER CONFIDENTIAL INFORMATION. Contractor WILL FULFILL THIS PROVISION WITH COUNSEL APPROVED BY HHSC. Page 5 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 Article VIII. DISPUTES AND REMEDIES 8.01 Agreement of the Parties The Parties agree that the interests of fairness,efficiency,and good business practices are best served when the Parties employ all reasonable and informal means to resolve any dispute under the Contract before resorting to formal dispute resolution processes otherwise provided in the Contract. The Parties will use all reasonable and informal means of resolving disputes prior to invoking a remedy provided elsewhere in the Contract, unless HHSC immediately terminates the Contract in accordance with the terms and conditions of the Contract. Any dispute,that in the judgment of any Party to the Agreement,may materially affect the performance of any Party will be reduced to writing and delivered to the other Party within 10 business days after the dispute arises. The Parties must then negotiate in good faith and use every reasonable effort to resolve the dispute at the managerial or executive levels prior to initiating formal proceedings pursuant to the UTC and Texas Government Code §2260, unless a Party has reasonably determined that a negotiated resolution is not possible and has so notified the other Party. The resolution of any dispute disposed of by agreement between the Parties will be reduced to writing and delivered to all Parties within 10 business days of such resolution. 8.02 Operational Remedies The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each Item of Noncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not,limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval,to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s)of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (g) Accelerated or additional monitoring; (h) Withholding of payments; and (i) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's prior substandard performance, relieve Contractor of its duty to comply with performance standards,or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach. Page 6 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 8.03 Equitable Remedies Contractor acknowledges that if,Contractor breaches,attempts,or threatens to breach,any obligation under the Contract,the State will be irreparably harmed. In such a circumstance,the State may proceed directly to court notwithstanding any other provision of the Contract. If a court of competent jurisdiction finds that Contractor breached, attempted, or threatened to breach any such obligations, Contractor will not oppose the entry of an order compelling performance by Contractor and restraining it from any further breaches, attempts,or threats of breach without a further finding of irreparable injury or other conditions to injunctive relief. 8.04 Continuing Duty to Perform Neither the occurrence of an event constituting an alleged breach of contract, the pending status of any claim for breach of contract,nor the application of an operational remedy, is grounds for the suspension of performance, in whole or in part, by Contractor of the Work or any duty or obligation with respect to the Contract. Article IX. DAMAGES 9.01 Availability and Assessment HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor's failure to comply with any of the terms of the Contract. In some cases,the actual damage to HHSC as a result of Contractor's failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract,liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor;or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion,HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Contractor is received by the HHSC. 9.02 Specific Items of Liability Contractor bears all risk of loss or damage due to defects in the Work, unfitness or obsolescence of the Work,or the negligence or intentional misconduct of Contractor or Contractor Agents. Contractor will ship all equipment and Software purchased and Third Party Software licensed under the Contract, freight prepaid,FOB HHSC's destination. The method of shipment will be consistent with the nature of the items shipped and applicable hazards of transportation to such items. Regardless of FOB point,Contractor bears all risks of loss, damage, or destruction of the Work, in whole or in part, under the Contract that occurs prior to acceptance by HHSC. After acceptance by HHSC, the risk of loss or damage will be borne by HHSC; however, Contractor remains liable for loss or damage attributable to Contractor's fault or negligence. Contractor will protect HHSC's real and personal property from damage arising from Contractor or Contractor Agents performance of the Contract,and Contractor will be responsible for any loss,destruction, or damage to HHSC's property that results from or is caused by Contractor or Contractor Agents' negligent Page 7 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 or wrongful acts or omissions. Upon the loss of, destruction of, or damage to any property of HHSC, Contractor will notify HHSC thereof and, subject to direction from HHSC or its designee, will take all reasonable steps to protect that property from further damage. Contractor agrees, and will require Contractor Agents,to observe safety measures and proper operating procedures at HHSC sites at all times. Contractor will immediately report to the HHSC any special defect or an unsafe condition it encounters or otherwise learns about. IN COORDINATION WITH THE INDEMNITY PROVISIONS CONTAINED IN THE UTC, Contractor WILL BE SOLELY RESPONSIBLE FOR ALL COSTS INCURRED THAT ARE ASSOCIATED WITH INDEMNIFYING THE STATE OF TEXAS OR HHSC WITH RESPECT TO INTELLECTUAL, REAL AND PERSONAL PROPERTY. ADDITIONALLY,HHSC RESERVES THE RIGHT TO APPROVE COUNSEL SELECTED BY Contractor TO DEFEND HHSC OR THE STATE OF TEXAS AS REQUIRED UNDER THIS SECTION. Article X. TURNOVER 10.01 Turnover Plan HHSC may require Contractor to develop a Turnover Plan at any time during the term of the Contract in HHSC's sole discretion. Contractor must submit the Turnover Nan to HHSC for review and approval. The Turnover Plan must describes Contractor's policies and procedures that will ensure: (a) The least disruption in the delivery the Work during Turnover to HHSC or its designee;and (b) Full cooperation with HHSC or its designee in transferring the Work and the obligations of the Contract. 10.02 Turnover Assistance Contractor will provide any assistance and actions reasonably necessary to enable HHSC or its designee to effectively close out the Contract and transfer the Work and the obligations of the Contract to another vendor or to perform the Work by itself. Contractor agrees that this obligation survives the termination, regardless of whether for cause or convenience,or the expiration of the Contract and remains in effect until completed to the satisfaction of HHSC. Article XI. ADDITIONAL LICENSE AND OWNERSHIP PROVISIONS 11.01 HHSC Additional Rights HHSC will have ownership and unlimited rights to use, disclose, duplicate, or publish all information and data developed, derived, documented, or furnished by Contractor under or resulting from the Contract. Such data will include all results,technical information,and materials developed for or obtained by HHSC from Contractor in the performance of the Work. If applicable, Contractor will reproduce and include HHSC's copyright,proprietary notice,or any product identifications provided by Contractor. 11.02 Third Party Software Page 8of16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-8758-D5CAEOAE2B82 Contractor grants HHSC a non-exclusive,perpetual, license for HHSC to use Third Party Software and its associated documentation for its internal business purposes. HHSC will be entitled to use Third Party Software on the equipment or any replacement equipment used by HHSC,and with any replacement Third Party Software chosen by HHSC,without additional expense. Terms in any licenses for Third Party Software will be consistent with the requirements of this section. Prior to utilizing any Third Party Software product not identified in the Solicitation Response, Contractor will provide HHSC copies of the license agreement from the licensor of the Third Party Software to allow HHSC to, in its discretion, object to the license agreement that must, at a minimum, provide HHSC with necessary rights consistent with the short and long-term goals of the Contract. Contractor will assign to HHSC all licenses for the Third Party Software as necessary to carry out the intent of this section. Contractor will,during the Contract,maintain any and all Third Party Software at their most current version or no more than one version back from the most current version. However, Contractor will not maintain any Third Party Software versions,including one version back, if notified by HHSC that any such version would prevent HHSC from using any functions, in whole or in part, of HHSC systems or would cause deficiencies in HHSC systems. 11.03 Software and Ownership Rights In accordance with 45 C.F.R. Part 95.617, all appropriate federal agencies will have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use for government purposes all Work, materials, Custom Software and modifications thereof, source code, associated documentation designed, developed, or installed with Federal Financial Participation under the Contract, including but not limited to those materials covered by copyright. Article XII.UNIFORM ICT ACCESSIBILITY CLAUSE 12.01 Applicability This Section applies to the procurement or development of Information and Communication Technology (ICT) for HHSC, or any changes to HHSC's ICT. This Section also applies if the Contract requires Contractor to perform a service or supply a goods that include ICT that:(i)HHSC employees are required or permitted to access; or(ii) members of the publis are required or permitted to access. This Section does not apply to incidental uses of ICT in the performance of a contract,unless the parties agree that the ICT will become property of the state or will be used by HHSC's Client/Recipeint after completion of the Contract. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies,provided they result in substantially equivalent or greater access to and use of a product/service. 12.02 Definitions The legacy term `Electronic and Information Resources" (EIR) and the term "Information and Communication Technology"(ICT) are considered equivalent in meaning for the purpose of applicability of HHSC Uniform Terms and Conditions, policies, accessibility checklists, style guides, contract specifications, and other contract management documents. To the extent that any other of the following definitions conflict with definitions elsewhere in this Contract, the following definitions are applicable to this Section only. Page 9 of 16 V 1.2 9.1.17 DocuSign Envelope ID C09140A3-76B4-4220-875B-D5CAEOAE2B82 1. "Accessibility Standards" refers to the Information and Communication Technology Accessibility Standards and the Web Accessibility Standards/Specifications under the Web Content Accessibility Guidelines version 2.0 Level AA,(WCAG 2.0). 2. "Information and Communication Technology (ICT)" is any information technology, equipment, or interconnected system or subsystem of equipment for which the principal function is the creation, conversion, duplication, automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, reception, or broadcast of data or information. Examples of ICT are electronic content, telecommunications products, computers and ancillary equipment, software, information kiosks and transaction machines, videos, IT services, and multifunction office machines which copy, scan,and fax documents. 3. "Information and Communication Technology Accessibility Standards" refers to the accessibility standards for information and communication technology contained in the Web Content Accessibility Guidelines version 2.0 Level AA. 4. "Web Accessibility Standards/Specifications" refers to the web standards contained in WCAG 2.0 Level AA. 5. "Products"means information resources technologies that are,or are related to, ICT. 6. "Service"means the act of delivering information or performing a task for employees,clients, or members of the public through a method of access or delivery that uses ICT. 12.03 Accessibility Requirements Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, HHSC must procure Products or Services that comply with the Accessibility Standards when such Products or Services are available in the commercial marketplace or when such Products or Services are developed in response to a procurement solicitation. Accordingly, Contractor must provide ICT and associated Product and/or Service documentation and technical support that comply with the Accessibility Standards. 12.04 Evaluation,Testing and Monitoring 1. HHSC may review,test, evaluate and monitor Contractor's Products, Services and associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. 1. Neither(1)the review,testing(including acceptance testing),evaluation or monitoring of any Product or Service,nor(2)the absence of such review, testing, evaluation or monitoring,will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. Page 10 of 16 V 1.2 9.1.17 DocuSign Envelope ID C09140A3-76B4-4220-875B-D5CAEOAE2B82 2. Contractor agrees to cooperate fully and provide HHSC and its representatives timely access to Products, Services,documentation,and other items and information needed to conduct such review,evaluation,testing and monitoring. 12.05 Representations and Warranties 1. Contractor represents and warrants that:(i)as of the effective date of the contract,the Products, Services and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the contract, unless and to the extent the Parties otherwise expressly agree in writing; and(ii)if the Products will be in the custody of the state or an HHS agency's client or recipient after the contract expiration or termination,the Products will continue to comply with such Accessibility Standards after the expiration or termination of the contract term, unless HHSC and/or Client/Recipient,as applicable uses the Products in a manner that renders it noncompliant. 2. In the event Contractor should have known,becomes aware,or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards,Contractor represents and warrants that it will,in a timely manner and at no cost to HI-ISC, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, repair, replacement, and upgrading of the Product, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which HHSC relies in awarding this contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the contract and will remain in full force and effect throughout the useful life of the Product. 12.06 Remedies 1. Pursuant to Texas Government Code Sec. 2054.465, neither Contractor nor any other person has cause of action against HHSC for a claim of a failure to comply with Texas Government Code Chapter 2054, Subchapter M,and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties,Contractor will be liable for direct and consequential damages and any other remedies to which HHSC may be entitled. This remedy is cumulative of any and all other remedies to which HHSC may be entitled under this contract and other applicable law. Article XIII. MISCELLANEOUS PROVISIONS 13.01 Conflicts of Interest Page 11 of 16 V 1.2 9.1.17 DocuSign Envelope ID C09140A3-76B4-4220-875B-D5CAEOAE2B82 Contractor warrants to the best of its knowledge and belief,except to the extent already disclosed to HHSC, there are no facts or circumstances that could give rise to a Conflict of Interest and further that Contractor or Contractor Agents have no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with their performance under the Contract. Contractor will,and require Contractor Agents, to establish safeguards to prohibit Contract Agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational Conflict of Interest, or for personal gain. Contractor and Contractor Agents will operate with complete independence and objectivity without actual,potential or apparent Conflict of Interest with respect to the activities conducted under the Contract. Contractor agrees that, if after Contractor's execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to HHSC. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HI-ISC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by HHSC's decision. If HHSC determines that Contractor was aware of a Conflict of Interest and did not disclose the conflict to HHSC,such nondisclosure will be considered a material breach of the Contract. Furthermore,such breach may be submitted to the Office of the Attorney General,Texas Ethics Commission, or appropriate State or federal law enforcement officials for further action. 13.02 Flow Down Provisions Contractor must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of Work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract. 13.03 Manufacturer's Warranties Contractor assigns to HHSC all of the manufacturers' warranties and indemnities relating to the Work, including without limitation, Third Party Software, to the extent Contractor is permitted by the manufacturers to make such assignments to HHSC. Article XIV. DSHS LEGACY PROVISIONS 14.01 Notice of Criminal Activity and Disciplinary Actions (a) Contractor shall immediately report in writing to their contract manager when Contractor has knowledge or any reason to believe that they or any person with ownership or controlling interest Page 12 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 in the organization/business,or their agent,employee, subcontractor or volunteer that is providing services under this Contract has: Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority;or Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter,federal or state program or felony sex crime. (b) Contractor shall not permit any person who engaged,or was alleged to have engaged,in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. 14.02 Notice of IRS or TWC Insolvency Contractor shall notify in writing their assigned contract manager their insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission within five days of the date of becoming aware of such. 14.03 Education to Persons in Residential Facilities Contractor shall ensure that all persons, who are housed in System Agency licensed or funded residential facilities and are 22 years of age or younger, have access to educational services as required by Texas Education Code §29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility 14.04 Disaster Services In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist the System Agency in providing the following services: (a) Community evacuation; (b) Health and medical assistance; (c) Assessment of health and medical needs; (d) Health surveillance; (e) Medical care personnel; (f) Health and medical equipment and supplies; (g) Patient evacuation; (h) In-hospital care and hospital facility status; (i) Food,drug and medical device safety; (j) Worker health and safety; (k) Mental health and substance abuse; (1) Public health information; (m)Vector control and veterinary services; and (n) Victim identification and mortuary services. Page 13 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 14.05 Consent by Non-Parent or Other State Law to Medical Care of a Minor Unless a federal law applies, before a Contractor or its subcontractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. 14.06 Telemedicine/Telepsychiatry Medical Services If Contractor or its subcontractor uses telemedicine/telepsychiatry, these services shall be in accordance with the Contractor's written procedures. Contractor must use a protocol approved by Contractor's medical director and equipment that complies with the System Agency equipment standards, if applicable. Contractor's procedures for providing telemedicine service must include the following requirements: (a) Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; (b) Contraindication considerations for telemedicine use; (c) Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; (d) Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; (e) Use by credentialed licensed providers providing clinical care within the scope of their licenses; (f) Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; (g) Priority in scheduling the system for clinical care of individuals; (h) Quality oversight and monitoring of satisfaction of the individuals served;and (i) Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule §448.911. 14.07 Services and Information for Persons with Limited English Proficiency (a) Contractor shall take reasonable steps to provide services and information both orally and in writing,in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. (b) Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. (c) Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. 14.08 Third Party Payors Page 14 of 16 V 1.2 9.1.17 DocuSign Envelope ID C09140A3-76B4-4220-875B-D5CAEOAE2B82 Except as provided in this Contract, Contractor shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided,including commercial health or liability insurance carriers,Medicaid,or other federal,state,local and private funding sources. As applicable,the Contractor shall: (a) Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; (b) Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor,to receive services up to the amount of the deductible and to bill the System Agency for the deductible; (d) Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; (e) Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency;and (g) Provide third party billing functions at no cost to the client. 14.09 HIV/AIDS Model Workplace Guidelines Contractor shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions,including AIDS,in accordance with the Texas.Health&Safety Code §§ 85.112-114. 14.10 Medical Records Retention Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes. rules and regulations governing medical information. 14.11 Notice of a License Action Contractor shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: (a) Reason for such action; (b) Name and contact information of the local, state or federal department or agency or entity; (c) Date of the license action; and (d) License or case reference number. 14.12 Interim Extension Amendment (a) Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be Page 15 of 16 V 1.2 9.1.17 DocuSign Envelope ID.C09140A3-76B4-4220-875B-D5CAEOAE2B82 extended as provided under this Section. (b) The System Agency shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor;or 2. To ensure that services are provided to clients without interruption. (c) The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. (d) Contractor will provide and invoice for services in the same manner that is stated in the Contract. (e) An interim extension under Section(b)(1)above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. (f) An interim extension under Section(b)(2)above shall be a one-time extension for a period of time determined by the System Agency. 14.13 Child Abuse Reporting Requirement (a) Contractors shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. (b) Contractor shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. (c) Contractor shall use the System Agency's Child Abuse Reporting Form located at www.System Agency.state.tx.us/childabusereporting as required by the System Agency. Contractor shall retain reporting documentation on site and make it available for inspection by the System Agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 16 of 16 V 1.2 9.1.17 DocuSign Envelope ID:C09140A3-7664-4220-875B-D5CAEOAE2B82 Attachment C - FY 2020 Renewal Forms DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 i I V Office of Primary and Specialty Health Y f .t Primary Health Care Contractor Renewal for Financial Assistance :'�; ...a: Health and Human Services FORM A: FACE PAGE This form requests basic information about the respondent and project,including the signature of the authorized representative. The face page is the cover page of the proposal and must be completed in its entirety. ESPONDENT INFORMATION •)LEGAL BUSINESS NAME:City of Port Arthur r)MAILING Address Information(include mailing address,street,city,county,state and zip code): Check If address change D 449 Austin Avenue, Port Arthur, Texas 77640 c)PAYEE Name and Mailing Address(if different from above): Check if address change ❑ Same as above Federal Tax ID No.(9 digit),State of Texas Comptroller Vendor ID No.(14 digit)or Social Security Number(9 digit): 17460018850011 'The respondent odvsawdeddes,understands and agrees that the respondent's choke to use a social security number as the vendor identification umber for the earruact,may result in the social security member being made public via state open records requests. -)Medicaid Provider Number: 13335 ; 40 9 OR Date Medicaid Application Submitted&TMHP Ticket N: )DUNS Number:137134909 LLYPE OF ENTITY(check all that appy n City I Nonprofit Organization` Individual County For Profit Organization* FQHC «r Other Political Subdivision HUB Certified State Controlled Institution of Higher Learning i State Agency tt Community-Based Organization Hospital rml Indian Tribe ... Minority Organization Private f Faith Based(Nonprofit Org) Other(specify): 1� 'If incorporated,provide 10-digit charter number assigned by Secretary of State' :)PROPOSED BUDGET AND PERIOD: $62,300 !start Date: September 1,2019d Date: August 31,2020 1COUNTIES SERVED BY PROJECT:See attached list.Include completed Form A-1 behind Form A:Face Page. 0)PHC PROJECT CONTACT PERSON ame:Judith A. Smith, RN, BSN Phone:409-983-8832 ax:409-983-1530 Email:judith.smith@portarthurtx.gOv 11)FINANCIAL OFFICER ane:Kandi Daniel frhone:409-983-8174 Fax:409-984-5463 mail:kandi.daniel@portarthurtx.gov he facts affirmed by me in this proposal are truthful and I warrant the respondent is In compliance with the assurances and certifications contained n HHSC Assurances and Certifications.I understand the truthfulness of the facts affirmed herein and the continuing compliance with these equirements are conditions precedent to the award of a contract.This document has been duly authorized by the governing body of the respondent nd I(the person signing below)am authorized to represent the respondent. •2)AUTHORIZED REPRESENTATIVE Check If change 0 13)SIGNATURE OF AUTHORIZED REPRESENTATIVE ame: Judith A. Smith, RN, BSN q,atithek 4 .,if `tie`Director of Health Phone:409-983-8896 ea 05/13/2019 DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 • Office of Primary and Specialty Health TEXAS v : Primary Health Care Contractor Renewal for Financial Assistance v Health and Human :J-S. t: Services INSTRUCTIONS FOR FORM A-1: FACE PAGE This form provides basic information about the respondent and the proposed project with the Texas Health and Human Services Commission (HHSC), including the signature of the authorized representative. It is the cover page of the proposal and is required to be completed.Signature affirms the facts contained in the respondent's response are truthful and the respondent is in compliance with the assurances and certifications contained in HHSC Assurances and Certifications and acknowledges that continued compliance is a condition for the award of a contract.Please follow the instructions below to complete the face page form and return with the respondent's proposal. 1. LEGAL BUSINESS NAME-Enter the legal business name of the respondent. 2. MAILING ADDRESS INFORMATION - Enter the respondent's complete physical address and mailing address, city, county, state, and zip code. 3. PAYEE NAME AND MAILING ADDRESS-Payee—Entity involved in a contractual relationship with respondent to receive payment for services rendered by respondent and to maintain the accounting records for the contract; i.e.,fiscal agent. Enter the PAYEE's name and mailing address if PAYEE is different from the respondent.The PAYEE is the corporation, entity or vendor who will be receiving payments. 4. FEDERAL TAX ID/STATE OF TEXAS COMPTROLLER VENDOR ID/SOCIAL SECURITY NUMBER -Enter the Federal Tax Identification Number(9-digit)or the Vendor Identification Number assigned by the Texas State Comptroller(14-digit). *The respondent acknowledges, understands and agrees the respondent's choice to use a social security number as the vendor identification number for the contract may result in the social security number being made public via state open records requests. 5. MEDICAID PROVIDER NUMBER OR DATE MEDICAID APPLICATION SUBMITTED—Enter the Medicaid provider number used by the organization to bill Medicaid. If organization does not have a Medicaid number, enter the date an application was submitted to obtain a Medicaid number and TMPH Ticket#. Attach a copy of the TMHP Ticket receipt. Medicaid enrollment is required for eligibility for this procurement. 6. DUNS—Enter the identification number of respondent organization. If respondent organization does not have a DUNS number, one can be requested at: http://fedgov.dnb.com/webform 7. TYPE OF ENTITY-The type of entity is defined by the Secretary of State and/or the Texas State Comptroller. Check all appropriate boxes that apply. *HUB is defined as a corporation,sole proprietorship,or joint venture formed for the purpose of making a profit in which at least 51%of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (economically disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American,Asian Pacific American, Native American, and Women.The HUB must be certified by the Comptroller's Texas Procurement and Support Services or another entity. MINORITY ORGANIZATION is defined as an organization in which the Board of Directors is made up of 50% racial or ethnic minority members. If a 1 DocuSign Envelope ID:C09140A3-7664-4220-875B-D5CAEOAE2B82 Non-Profit Corporation or For-Profit Corporation, provide the 10-digit charter number assigned by the Secretary of State. 8. PROPOSED BUDGET AND PERIOD- Enter the budget amount and budget period for this renewal. 9. COUNTIES SERVED BY PROJECT—On line 9,write "See attached list." From the list on Form A-1: Texas Counties and Regions,check the counties where medical services will be provided for proposed PHC Project and for which funds are requested. Include with proposal behind Form A: Face Page. 10. PHC PROJECT CONTACT PERSON - Enter the name, phone,fax, and e-mail address of the person responsible for the proposed PHC project. 11. FINANCIAL OFFICER- Enter the name, phone,fax, and e-mail address of the person responsible for the financial aspects of the proposed project. 12. AUTHORIZED REPRESENTATIVE- Enter the name,title, phone, and e-mail address of the person authorized to represent the respondent. Check the"Check if change" box if the authorized representative is different from previous submission to HHSC/DSHS. 13. SIGNATURE OF AUTHORIZED REPRESENTATIVE—The person authorized to represent the respondent must sign in this blank. 14. DATE-Enter the date the authorized representative signed this form. 2 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 FORM A-1: TEXAS COUNTIES AND REGIONS LIST (in alphabetical order) Legal Business Name of Respondent: COUNTIES SERVED BY PROJECT-Item 9 of Form A:Face Page:Check 0 counties to be served and include behind Form A:Face Page. Counties El R Counties 0 R Counties El R Counties Ell R Counties El R -A- Crosby 0 01 Hays 0 07 Martin 0 09 Schleicher 0 09 Anderson 0 04 Culberson 0 10 Hemphill 0 01 Mason 0 09 Scurry 0 02 Andrews 0 09 -D- Henderson 0 04 Matagorda 0 06 Shackelford 0 02 Angelina 0 05 Dallam 0 01 Hidalgo 0 11 Maverick 0 08 Shelby 0 05 Aransas 0 11 Dallas 0 03 Hill 0 07 McCulloch 0 09 Sherman 0 01 Archer 0 02 Dawson 0 09 Hockley 0 01 McLennan 0 07 Smith 0 04 Armstrong 0 01 Deaf 0 01 Hood 0 03 McMullen 0 11 Somervell 0 03 Smith Atascosa 0 08 Delta 0 04 Hopkins 0 04 Medina 0 08 Starr 0 11 Austin 0 06 Denton ❑ 03 Houston 0 05 Menard 0 09 Stephens 0 02 -B- DeWitt 0 08 Howard 0 09 Midland 0 09 Sterling 0 09 Bailey 0 01 Dickens 0 01 Hudspeth 0 10 Milam 0 07 Stonewall 0 02 Bandera ❑ 08 Dimwit ❑ 08 Hunt 0 03 Mills 0 07 Sutton 0 09 Bastrop 0 07 Donley 0 01 Hutchinson 0 01 Mitchell 0 02 Swisher 0 01 Baylor 0 02 Duval 0 11 -I- Montague 0 02 -T- Bee 0 11 -E- bion ❑ 09 Montgomery 0 06 Tarrant 0 03 Bell 0 07 Eastland 0 02 -J- Moore 0 01 Taylor 0 02 Bexar 0 08 Ector 0 09 Jack 0 02 Morris 0 04 Terrell 0 09 Blanco 0 07 Edwards 0 08 Jackson 0 08 Motley 0 01 Terry 0 01 Borden 0 09 Ellis 0 03 Jasper 0 05 -N- Throckmorton 0 02 Bosque 0 07 El Paso 0 10 Jeff Davis 0 10 Nacogdoches 0 05 Titus 0 04 Bowie 0 04 Erath 0 03 Jefferson lit 05 Navarro 0 03 Tom Green 0 09 Brazoria 0 06 -F- Jim Hogg 0 11 Newton 0 05 Travis 0 07 Brazos 0 07 Falls 0 07 Jim Wells 0 11 Nolan 0 02 Trinity 0 05 Brewster 0 10 Fannin 0 03 Johnson 0 03 Nueces 0 11 Tyler 0 05 Briscoe 0 01 Fayette 0 07 Jones 0 02 -0- -U- Brooks 0 11 Fisher 0 02 -K- Ochiltree 0 01 Upshur 0 04 Brown 0 02 Floyd 0 01 Kames 0 08 Oldham 0 01 Upton 0 09 Burleson 0 07 Foard 0 02 Kaufman 0 03 Orange 0 05 Uvalde 0 08 Bumet 0 07 Fort Bend 0 06 Kendall 0 08 -P- -V- -C- Franklin 0 04 Kenedy 0 11 Palo Pinto 0 03 Val Verde 0 08 Caldwell 0 07 Freestone 0 07 Kent 0 02 Panola 0 04 Van Zandt 0 04 Calhoun 0 08 Frio 0 08 Kerr 0 08 Parker 0 03 Victoria 0 08 Callahan 0 02 -G- Kimble 0 09 Parmer 0 01 -W- Cameron 0 11 Gaines 0 09 King 0 01 Pecos 0 09 Walker 0 06 Camp 0 04 Galveston 0 06 Kinney 0 08 Polk 0 05 Waller 0 06 Carson 0 01 Garza 0 01 Kleberg 0 11 Potter 0 01 Ward 0 09 Cass El 04 Gillespie 0 08 Knox 0 02 Presidio 0 10 Washington 0 07 Castro 0 01 Glasscock 0 09 -L- -R- Webb 0 11 Chambers 0 06 Goliad 0 08 Lamar 0 04 Rains 0 04 Wharton 0 06 Cherokee 0 04 Gonzales 0 08 Lamb 0 01 Randall 0 01 Wheeler 0 01 Childress 0 01 Gray 0 01 Lampasas 0 07 Reagan 0 09 Wichita 0 02 Clay 0 02 Grayson 0 03 La Salle 0 08 Real 0 08 Wilbarger 0 02 Cochran 0 01 Gregg 0 04 Lavaca 0 08 Red River 0 04 Willacy 0 11 Coke 0 09 Grimes 0 07 Lee 0 07 Reeves 0 09 Williamson 0 07 Coleman 0 02 Guadalupe 0 08 Leon 0 07 Refugio 0 11 Wilson 0 08 Collin 0 03 -H- Liberty 0 06 Roberts 0 01 Winkler 0 09 Collingsworth 0 01 Hale 0 01 Limestone 0 07 Robertson 0 07 Wise 0 03 Colorado 0 06 Hall 0 01 Lipscomb 0 01 Rockwall 0 03 Wood 0 04 Coma! 0 08 Hamilton 0 07 Live Oak 0 11 Runnels 0 02 -Y- Comanche 0 02 Hansford 0 01 Llano 0 07 Rusk 0 04 Yoakum 0 01 Concho 0 09 Hardeman 0 02 Loving 0 09 -s- Young ❑ 02 Cooke ❑ 03 Hardin 0 05 Lubbock 0 01 Sabine ❑ 05 -Z- Coryell ❑ 07 Harris 0 06 Lynn ❑ 01 San ❑ 05 Zapata ❑ 11 Augustine Cottle 0 02 Harrison ❑ 04 -M- San Jacinto 0 05 Zavala 0 08 Crane ❑ 09 Hartley 0 01 Madison 0 07 San Patriclo 0 11 Crockett 0 09 Haskell 0 02 Marion 0 04 San Saba 0 07 DocuSign Envelope ID:C09140A3-7684-4220-875B-D5CAEOAE2B82 Office of Primary and Specialty Health TEXAS Primary Health Care Contractor Renewal for Financial Assistance 4 I:1 Health and Human • t'=' Services FORM B: CONTACT PERSON INFORMATION Legal Business City of Port Arthur Name of Respondent: This form provides information about the appropriate contacts in the respondent's organization in addition to those on FORM A: FACE PAGE. Complete all information for all contacts within your agency. Mark N/A if a contact does not apply to your agency. *All phone numbers should be a direct line to the designated individual. *If any of the following information changes during the term of the contract, please send written notification to the Contract Manager in the Contract Management Unit. *Please ensure that all information is complete and accurate. * Name Judith A. Smith Mailing Address(street,city,county,state&zip) Title Director of Health Services 449 Austin Avenue Phone 409-983-8832 Ext: Port Arthur, TX, 77640 Fax 409-983-1530 Jefferson County Email judith.smith@portarthurtx.gov Name Latasha Mayon, RN, BSN Mailing Address(street, city,county,state&zip) Title Assistant Director of Health 449 Austin Avenue Phone 409-983-8862 Ext: Port Arthur, TX, 77640 Fax 409-984-9093 Jefferson County Email latasha.mayon@portarthurtx.gov Name Rosaland Shelton Mailing Address(street,city,county,state&zip) Title Eligibility Worker 449 Austin Avenue Phone 409-983-8896 Ext. Port Arthur, TX, 77640 Fax 409-983-1530 Jefferson County Email rosaland.shelton@portarthurtx.gov Name Erika Flores Mailing Address(street,city,county,state&zip) Title Administrative Aide 449 Austin Avenue Phone 409-983-8864 Ext. Port Arthur, TX, 77640 Fax 409-983-5012 Jefferson County Email erika.flores@portarthurtx.gov Name Mailing Address(street, city,county, state&zip) Title Phone Ext. Fax Email DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 �-� ' TEXAS Office of Primary and Specialty Health ildiPrimary Health Care Contractor Renewal for Financial Assistance iV Health and Human •:,�i !:1 Services • ... • FORM E: PERFORMANCE MEASURES Legal Business City of Port Arthur Name of Respondent: Respondent must include the performance measure in the proposal. The proposed target levels of performance may be negotiated and agreed upon by respondent and HHSC. In the event a contract is awarded, respondent agrees that this performance measure will be used to assess, in part, the respondent's effectiveness in providing the primary health care services described.The performance measure is included in the contractor's statement(s) of work, and HHSC expects that by the end of the contract period the contractor will have met it. Reimbursement for PHC Services The PHC Program will use a categorical cost reimbursement method.This is a payment mechanism by which contractors are reimbursed for allowable costs incurred up to the total award amount specified in the cost reimbursement contract. Incurred costs must be related to program activities and based on an approved eight-category line-item categorical budget. Instructions: Complete Tables #1 and #2 below. The statewide average PHC cost per client for clinical services is estimated to be $180. The projected total number of unduplicated PHC clients to whom the agency will provide services should be based on the total funding amount requested (must be the same amount as on the Face Page: Form A, line #10) and the average cost per client. *If contractor's average cost per client exceeds the statewide average PHC cost per client of$180, contractor must provide an explanation/justification below. NOTE: The total amount of PHC funding requested (Table 2) must be the same dollar amount as the total amount of PHC funding requested on Form A: Face Page, line #10. Total number of unduplicated clients = The estimated total number of unduplicated HHSC PHC clients to whom the agency will provide primary health care services. Table 1: PHC Clients TOTAL number of Unduplicated HHSC PHC Clients to be provided services with 356 HHSC PHC funds: J V Table 2: PHC Funds TOTAL PHC Funding Amount Requested -(This includes ALL unduplicated PHC $ Clients to be served in Table 1) 62,300 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 Primary Health Care Contractor Renewal for Financial Assistance FORM E: FY20 PERFORMANCE MEASURES - Page 2 Contractor must include the performance measures for FY20 budget. The proposed target levels of performance may be negotiated and agreed upon by the contractor and HHSC. In the event a contract is awarded, respondent agrees that this performance measure will be used to assess, in part, the contractor's effectiveness in providing Primary Health Care (PHC) services described.The performance measure is included in the contractor's statement(s) of work, and HHSC expects that by the end of the contract period the contractor will have met it. Instructions: Using the information below, calculate cost per client and complete each table. PHC performance measures are the estimated total number of unduplicated PHC clients to whom the respondent will provide services at the proposed HHSC funded clinic sites.This total should be a reasonable estimate of the number of unduplicated clients the respondent can serve, based on the average cost per client. These performance measures will be included in the PHC contract. For FY20, estimate the average cost per epilepsy client based on projected services. If the respondent has not determined an average cost per client for the proposed project,the statewide average of$180 may be used. If respondent's cost per client exceeds $180 per client, respondent must provide an explanation and justification (below) for the cost. Calculate total number of unduplicated clients to whom the respondent will provide services during the contract period with HHSC funds and multiply by the average cost per client to determine the total dollar amount. The total amount of PHC funding must be the same dollar amount as the total amount of PHC funding on Form A: Face Page, line#8 and line#9. FY 2020 Budget Total Number of Unduplicated PHC Clients/Average Cost per Client/Total Amount #Clients x Average Cost per Client= Total#Unduplicated HHSC Clients Average Cost per Client Total Amount 356 $ 175.00 $ 62,300 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 vL� `'� TEXAS Office of Primary and Specialty Health Primary Health Care Contractor Renewal for Financial Assistance %J aV Health and Human �. Services INSTRUCTIONS FOR FORM I: Primary Health Care Clinic Sites Instructions:Complete a separate clinic site form for each existing or proposed clinic site for which FY18 and FY19 HHSC PHC funds are requested and number sites consecutively. Indicate source of funding for each clinic on form. Information provided on clinic site forms is used to update HHSC websites and public databases;therefore,each clinic form must contain current and accurate information. Legal Name of Respondent Respondent's legal name. Clinic Site#_of Example: Clinic Site#1 of 5 for the first clinic site out of five clinic sites, Clinic Site#2 of 5 for the second clinic site of five, etc. CLINIC SITE INFORMATION: Clinic Name to Appear on Name of the clinic as it will appear on the HHSC website locator. (The name Website Locator should be recognizable to clients.) Service Area List only the counties that will be served by that specific clinic site, and NOT all counties served by the entire project. Note:Counties served by all clinics must match counties checked on Form A-1:Texas Counties and Regions List. Clinic Contact Person Name of contact person for that clinic site. Phone Phone number for the clinic. Location of Site Clinic location (e.g.,Texas Medical Center/Smith Tower) Fax Fax number for the clinic. Street Address Physical address of clinic. (Do Not enter a P.O. Box.) City/County/Zip Code City, county and zip code of clinic. HSR Health Service Region where clinic is located. Pharmacy License# Current pharmacy license number for the clinic(if applicable);or N/A for Not Applicable. TPI# Texas Provider Identifier#for the clinic, or date application submitted.The TPI# for each clinic site should be unique. NPI# National Provider Identifier#for the clinic, or date application submitted. Subcontractor Site For each clinic site, indicate whether that particular site is subcontracted by the respondent to another entity for the provision of services. CLINIC HOURS AND SERVICES: Hours of Operation List the operating hours of each clinic site for each day of the week broken into morning(e.g., 8:00 a.m.—Noon), afternoon (e.g. 12:01 p.m.—5:00 p.m.), and evening hours (e.g., 5:01 p.m.—8:00 p.m.). Indicate days of the week when the clinic is closed (e.g. Tuesday—closed). Services Provided/Clinic Type List the type of services provided or type of clinic for each day of the week. For example, Monday=child health clinic, Wednesday= dental clinic, etc. # Monthly Clinics List the total number of clinics each month by the day of the week, e.g., Monday=4 clinics per month;Tuesday=0 clinics per month, etc. Total#Clinics Per Month List the total number of clinics held per month per clinic site (e.g., Clinic Site 1= 16, Clinic Site 2 =20,etc.) Important:Any changes in clinic information must be reported in writing to the appropriate HHSC Contract Manager in a timely manner. Programmatic or operational changes must be made in accordance with requirements outlined in the contract. DocuSign Envelope ID:C09140A3-7664-4220-875B-D5CAEOAE2B82 /e/ • TEXAS Office of Primary and Specialty Health v Primary Health Care Contractor Renewal for Financial Assistance 4 If Health and Human •..�. Services FORM I: Primary Health Care Clinic Sites Legal Business Name Cityof Port Arthur of Contractor: Clinic Site# of Instructions: CLINIC SITE INFORMATION: Complete this form for EACH clinic site that will provide PHC services September 15t for FY20. Information provided in the below table will be displayed in the HHSC Clinic Locator. Please ensure that all information is accurate. * Clinic Name City of Port Arthur Street Address Suite 449 Austin Avenue City County Zip Code HSR: Port Arthur Jefferson 77640 Clinic APPOINTMENT Phone No.: 409-983-8896 Clinic PRIMARY Phone No.: 409-983-8878 Service Area (Counties to be served Jefferson by this clinic site): Contact Person: Rosaland Shelton Pharmacy License No.: Class: TPI#: NPI#: Subcontractor Site: Mobile Site: Yes n No Q✓ Yes No ✓❑ CLINIC HOURS DAY HOURS OF OPERATION #MONTHLY CLINICS Morning Afternoon Evening(after 5 p.m.) From To From To From To MONDAY 8:00 a.m. 12:00 p.m. 1:00 p.m. 5:00 p.m. 4 TUESDAY 8:00 a.m. 12:00 p.m. 1:00 p.m 5:00 p.m. 4 WEDNESDAY 8:00 a.m. 12:00 p.m. 1:00 p.m 5:00 p.m. 4 THURSDAY 8:00 a.m. 12:00 p.m. 1:00 p.m 5:00 p.m. 4 FRIDAY 8:00 a.m. 12:00 p.m. 1:00 p.m 5:00 p.m. 4 SATURDAY 0 SUNDAY 0 TOTAL HRS/MONTH TOTAL O CLINICS/MONTH DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 '•� TEXAS Office of Primary and Specialty Health t'+1 Primary Health Care Contractor Renewal for Financial Assistance �` t Health and Human . �' ' Services FORM J: FY20 Primary Health Care Program Certification This certification pertains to the following Primary Health Care (PHC) Program Applicant: Applicant Name: City of Port Arthur Federal Tax ID No.: NPI No.: 1746001885001 Applicant's Primary Billing Address: 449 Austin Avenue Telephone No.: 409-983-8896 Applicant's Primary Physical Address: 449 Austin Avenue DEFINITIONS For the purposes of this certification,the following terms are defined as follows: The term "Affiliate" means: An individual or entity that has a legal relationship with another entity,which relationship is created or governed by at least one written instrument that demonstrates: 1. common ownership, management, or control; a franchise; or 2. the granting or extension of a license or other agreement that authorizes the Affiliate to use the other entity's brand name,trademark, service mark, or other registered identification mark. The "written instruments" referenced above may include a certificate of formation, a franchise agreement,standards of affiliation, bylaws, articles of incorporation, or a license, but do not include agreements related to a physician's participation in a physician group practice, such as a hospital group agreement,staffing agreement, management agreement, or collaborative practice agreement. The term "Promote" means advancing, furthering, advocating,or popularizing Elective Abortion by,for example: 1. taking affirmative action to secure Elective Abortion services for a Primary Health Care Program Client (such as making an appointment,obtaining consent for the Elective Abortion,arranging for transportation, negotiating a reduction in an Elective Abortion provider fee, or arranging or scheduling an Elective Abortion procedure); however,the term does not include providing upon the patient's request neutral,factual information and nondirective counseling, including the name, address,telephone number, and other relevant information about a provider; 2. furnishing or displaying to a Primary Health Care Program Client information that publicizes or advertises an Elective Abortion service or provider; or 3. using, displaying, or operating under a brand name,trademark, service mark, or registered identification mark of an organization that performs or Promotes Elective Abortions. FY20 PHC Contractor Renewal Form J—Page 1 DocuSign Envelope ID:C09140A3-76B4-4220-8758-D5CAEOAE2B82 1%� ��� TEXAS Office of Primary and Specialty Health v Primary Health Care Contractor Renewal for Financial Assistance v ,'v `�, Health and Human � Services FORM J: FY20 Primary Health Care Program Certification My name is Judith A. Smith . I am the provider or, if the provider is an organization, I am the provider's Director of Health (title or position). I am of sound mind, capable of making this certification,and I am personally acquainted with the facts stated here. If I am representing an organizational provider, I am authorized to make this certification on the provider's behalf. Throughout the remainder of this document,the word "1"will represent the individual provider that is completing this form or the organizational provider on whose behalf the form is being completed. If this form is being completed on behalf of an organizational provider,the word "I" is inclusive of the organization, owners,officers, employees,and volunteers, or any combination of these. I understand that the Texas Legislature has specified that Primary Health Care Program funds may not be used to pay the direct or Indirect Costs of abortion procedures provided by HHSC contractors, or distributed to individuals or entities that perform Elective Abortion procedures or that contract with or provide funds to individuals or entities for the performance of Elective Abortion procedures. Accordingly, consistent with the legislative requirement found under Article II, Rider 63 (relating to the Primary Health Care Program) of the General Appropriations Act(H.B. 1, 84th Legislature, Regular Session, 2015, art. II, at I1-63). I understand that I am not qualified to participate in the PHC program or to bill the program for services if I, or any my organization's subcontractors, perform or promote elective abortions or if I, or any my organization's subcontractors, are an affiliate of an entity that performs or promotes elective abortions. By checking the boxes under each statement below, I affirm that each of the following statements is true. I understand that my failure to mark each of the statements will be regarded as my representation that the statement is false: 1) I do not, nor do any of my organization's subcontractors, perform or Promote Elective Abortions outside the scope of the Primary Health Care Program. I affirm that this statement is true and correct. FY20 PHC Contractor Renewal Form J—Page 2 DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 2) I am not, nor are any of my organization's subcontractors, an Affiliate,as defined on p. 2 of this document, of an entity that performs or Promotes Elective Abortions. Furthermore, my organization,and any of my organization's subcontractors,are legally separate entities from entities that perform or Promote Elective Abortions. O I affirm that this statement is true and correct. 3) In offering or performing a Primary Health Care Program service, I do not, nor do any of my organization's subcontractors, perform or Promote Elective Abortions within the scope of the Primary Health Care Program. 0 I affirm that this statement is true and correct. 4) In offering or performing a Primary Health Care Program service, I,as well as my organization's subcontractors, maintain physical and financial separation between any Primary Health Care Program activities and any Elective Abortion-performing or abortion- promoting activity, in particular: a. All Primary Health Care Program services are physically separated from any Elective Abortion activities; no matter what entity is responsible for the activities; b. The governing board or other body that controls me,or any of my organization's subcontractors,does not have any board members who are also members of the governing board of an entity that performs or Promotes Elective Abortions; c. None of the funds that I, or any of my organization's subcontractors, receive for performing Primary Health Care Program services are used to directly or indirectly support the performance or promotion of Elective Abortions by an Affiliate,and my, and any of my organization's subcontractors', accounting records can confirm this; d. My organization does not, nor do any of my organization's subcontractors,transfer any funds,through gift or payment,to an entity that performs or Promotes Elective Abortions. My organization and my organization's subcontractors do not share expenses or costs(including overhead, rent, phone, equipment,or utilities)with an entity that performs or Promotes Elective Abortions; e. I do not, nor do any of my organization's subcontractors, display any signs or materials that Promote Elective Abortion at any locations or in any public electronic communications. f. Any employee employed by my organization,or any my organization's subcontractors, is not also employed by an entity that performs or Promotes Elective Abortions. O I affirm that this statement is true and correct. FY20 PHC Contractor Renewal Form J—Page 3 DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 5) I do not, nor do any of my organization's subcontractors, use, display, or operate under a brand name,trademark,service mark,or registered identification mark of an organization that performs or Promotes Elective Abortions. I affirm that this statement is true and correct. 6) I cannot affirm that the statements 1-5 above are"true and correct," but I do affirm all of the following: I do not perform Elective Abortions; none of the funds that I, or any of my organization's subcontractors, receive (or will receive)for performing Primary Health Care Program services are (or will be) used to directly or indirectly support the performance of Elective Abortions, and my accounting records can confirm this; my organization does not, nor do any of my organization's subcontractors,transfer any Primary Health Care Program funds,through gift or payment,to an entity for the performance of Elective Abortions; and I comply with all of the requirements of(H.B. 1,84th Legislature, Regular Session, 2015, art. II,at 11-63), if applicable. O I affirm that this statement is true and correct. In addition, I understand and acknowledge that: 1) If I fail to complete and submit this certification, I will be disqualified from the Primary Health Care Program and the Texas Health and Human Services Commission (HHSC) (henceforth, "HHSC")will deny any claims I submit for Primary Health Care Program services. 2) If, after I submit this signed certification, I,or any my organization's subcontractors, perform or agree to perform, or Promote Elective Abortions, I will notify HHSC at least 30 calendar days before such action is taken. If I fail to notify HHSC as required, I will be disqualified from the HHSC Program and HHSC will deny any claims I submit for Primary Health Care Program services. 3) If,while participating in the Primary Health Care Program, I, or any of my organization's subcontractors, perform or Promote an Elective Abortion, I will be disqualified from the Primary Health Care Program, and HHSC will deny any claims I submit for Primary Health Care Program services. 4) If I submit this certification and agree to its terms, but HHSC determines that I am in fact ineligible to participate in the Primary Health Care Program, HHSC may place a payment hold on claims submitted by me or my organization for Primary Health Care Program services until HHSC can make a final determination regarding my eligibility. 5) If HHSC determines that I am ineligible to receive funds under the Primary Health Care Program: a. HHSC may recoup Primary Health Care Program funds paid on claims that I have incurred since the date the provider became ineligible; FY20 PHC Contractor Renewal Form.)—Page 4 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 b. HHSC will deny all Primary Health Care Program claims that I have submitted since the date of ineligibility;and c. I will remain ineligible to participate in the Primary Health Care Program until i comply with the provisions of this certification form. If I knowingly make a false statement or misrepresentation on this certification,HHSC may consider me to have committed fraud or tampered with a government record under the laws of Texas,and I may be excluded from participation in the HHSC Program. If statements 1—5 are,or alternatively statement 6 is,marked"true,"the effective dates of your certification are as follows:(The effective date of the Certification spans from the contract start date through the end of the contract/project year.) Effective Date of Certification:09/01/2019 through 08/31/2020. Note:Each Applicant must complete a new certification form for each contract renewal and provide it to HHSC prior to execution of a Primary Health Care Program contract.The certification form will be provided to Applicants and/or contractors as a part of the contracting packet. if,after certification,you can no longer affirm that any of statements 1—5 are,or alternatively 6 is, true,you must request an immediate termination of your Primary Health Care Program certification. Signature 4GV,� , ��Gi�t�7CJ uidu Print ame ;Judith A. Smith, RN, BSN I True I Date !Director of Health 105/13/2019 FY20 PHC Contractor Renewal Form.1—Page 5 DocuSign Envelope ID:C09140A3-7684-4220-875B-D5CAEOAE2B82 Attachment D - FY 2020 Budget Documents DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 FORM F:BUDGET SUMMARY(REQUIRED) Legal Name of Respondent: CITY OF PORT ARTHUR Total Primary Health HHSC Share Patient Co-Pays Budget Categories Care Budget Categorical Award To Be Collected (1) (2) (3) A. Personnel $35,736 $35,736 B. Fringe Benefits $10,817 $10,817 $0 C. Travel $639 $639 $0 D. Equipment $0 $0 $0 E. Supplies $0 $0 $0 F. Contractual $15,108 $15,108 G. Other $0 $0 $0 H. Total Direct Costs $62,300 $62,300 $0 I. Indirect Costs $0 Total(Sum of H and I $62,300 $62,300 $0 NOTE: The"Total Budget"amount for each Budget Category will have to be entered manually among columns 2 and 3. Enter amounts in whole dollars. After amounts have been entered for each funding source,verify that the"Distribution Total"below equals the respective amount under the"Total Budget"from column (1). Budget Distribution Budget Budget Distribution Budget Catetory Total Total Category Total Total Check Totals For: Personnel $35,736 $35,736 Fringe Benefits $10,8171 $10,817 Travel $639 $639 Equipment $0 $0 Supplies $0 $0 Contractual $15,108 $15,108 Other $0 $0 Indirect Costs $0 $0 TOTAL FOR: 'Distribution Totals $62,3001BudgetTotal $62,300 Revised:11/18/2009 DocuSign Envelope ID.C09140A3-76B4-4220-875B-DSCAEOAE2B82 FORM F-1:PERSONNEL Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR PERSONNEL Certification or Total Average Number Salary/Wages Functional Title+Code Vacant License(Enter NA if Monthly of Requested for E=Existing or P=Proposed Y/N Justification FTE's not required) Salary/Wage Months Project Eligibility Billing Clerk(E) N Responsible for the Reports and Billing 1 N/A $2,978.00 12 $35,736 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL FROM PERSONNEL SUPPLEMENTAL BUDGET SHEETS $0 ISalaryWage Total $35,736 FRINGE BENEFITS Itemize the elements of fringe benefits in the space below: FICA 7.65, INSURANCE 22%, WORKER'S COMP 0.15%,TMRS.32%, TERMINATING PAY.15% Fringe Benefit Rate% 30.27% Fringe Benefits Total $10,817 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-875B-DSCAEDAE2B82 FORM F-2:TRAVEL Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR Conference/Workshop Travel Costs Description of Number of Conference/Workshop Justification Location Travel Costs City/State Days/Employees 2 Days,1 night Mileage for for 1 Airfare DSHS PHC Eligibility Training To Receive PHC updates Austin employee. Meals $88 Includes car Lodging $300 Other Costs $135 rental and gas Total $523 Mileage Airfare Meals Lodging Other Costs Total Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total $0 TOTAL FROM TRAVEL SUPPLEMENTAL CONFERENCE/WORKSHOP BUDGET SHEETS $0 Total for Conference/Workshop Travel $523 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-DSCAEOAE2B82 Other/Local Travel Costs I Number of Mileage Justification Miles Mileage Reimbursement Rate Cost Other Costs Total (a) (b) (a)+(b) PHC Program outreach 200 $0.580 $116 $116 $0 $0 $0 $0 $0 SO $0 $0 $0 $0 $0 $0 TOTAL FROM TRAVEL SUPPLEMENTAL OTHER/LOCAL TRAVEL COSTS BUDGET SHEETS $0 Total for Other/Local Travel $116 Other/Local Travel Costs: $116 Conference/Workshop Travel Costs: $523 Total Travel Costs: $639 Indicate Policy Used: Respondent's Travel Policy State of Texas Travel Policy Revised:7/6/2009 DocuS:gn Envelope ID:C09140A3-7684-4220-8758-D5CAEOAE2B82 FORM F-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR Itemize,describe,and justify below. Equipment is tangible nonexpendable personal property costing$5,000 or more and a useful life of more than one year. Approved equipment must be purchased within 90 days of contract start date. Number Cost Per Description of Item Purpose&Justification of Units Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL FROM EQUIPMENT SUPPLEMENTAL BUDGET SHEETS $0 Total Amount Requested for Equipment: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7664-4220-875B-D5CAEOAE2B82 FORM F-4:SUPPLIES Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR Itemize and describe each supply item and provide an estimated quantity and cost if applicable. Provide a justification for each supply item. Costs may be categorized by each general type-office,computer,medical,educational,etc. Supplies can be consumable-paper,drugs,etc.,OR controlled assets costing$500 or more but less than$5,000-computers,printers,phones,medical and lab equipment,etc. Description of Item [If applicable,provide estimated quantity and cost(i.e.a of boxes&cost/box)] Purpose&Justification Total Cost TOTAL FROM SUPPLIES SUPPLEMENTAL BUDGET SHEETS $0 Total Amount Requested for Supplies: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-8758-D5CAEOAE2B82 FORM F-5:CONTRACTUAL Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR List contracts for medical services related to the scope of work that is to be provided by a third party. If a third party is not yet identified,describe the service to be contracted and show contractors as"To Be Named." Justification for any contract that delegates$100,000 or more of the scope of the project in the respondent's funding request,must be attached behind this form. METHOD OF RATE OF PAYMENT q of Months, PAYMENT 0.e., CONTRACTOR NAME DESCRIPTION OF SERVICES Justification (i.e.,Monthly, Hours,Units, TOTAL (Agency or Individual) (Scope of Work) Y hourly rate,unit Hourly,Unit, etc. rate,lump sum Lump Sum) amount) Lab Services for PHC clients Provides lab tests outside the scope Lab Corp of the city's lab. Monthly 12 $1,259.00 $15,108 $0 $0 $0 $0 $0 $0 $0 TOTAL FROM CONTRACTUAL SUPPLEMENTAL BUDGET SHEETS $0 Total Amount Requested for CONTRACTUAL: $15,108 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 FORM F-6:OTHER Budget Category Detail Form Legal Name of Respondent: CITY OF PORT ARTHUR Description of Item [If applicable,include quantity and cost/quantity(i.e.d of units&cost per unit)] Purpose&Justification Total Cost TOTAL FROM OTHER SUPPLEMENTAL BUDGET SHEETS SO Total Amount Requested for Other: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7664-4220-8758-D5CAEOAE2B82 SUPPLEMENTAL FORMS INSTRUCTIONS The budget templates (two per budget category)that follow are intended to supplement cost reimbursement budgets when there are too many items to fit on the primary budget template. Applicants that have utilized all the lines on the primary budget template must use the supplemental templates to list detail information for the respective budget category. For example, after all the lines on the primary budget template for Personnel (tab labled Form F- 1 Personnel) have been used,go to the supplemental template labled "Form F- la Personnel Supp" and if all the lines are used on this template,go to the next template labled "Form F- lb Personnel". The amounts on each supplemental template will automatically total and the total from both templates will automatically be inserted on the last line of the primary budget template. Form F-1 Personnel Supplemental Form F-2 Travel Supplemental Form F-3 Equipment Supplemental Form F-4 Supplies Supplemental Form F-5 Contractual Supplemental Form F-6 Other Supplemental Revised: 7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-875B-D5CAEOAE2B82 FORM F-1:PERSONNEL Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR PERSONNEL Certification or Total Average Number Salary/Wages Functional Title+Code Vacant License(Enter NA if Monthly of Requested for E=Existing or P=Proposed Y/N Justification FTE's not required) Salary/Wage Months Project $0 $0 $0 $0 So So So So So $o So So $o $o SalaryWage Total so Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-DSCAEOAE2B82 FORM F-1:PERSONNEL Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR PERSONNEL Certification or Total Average Number Salary/Wages Functional Title+Code Vacant License(Enter NA if Monthly of Requested for E=Existing or P=Proposed Y/N Justification FTE's not required) Salary/Wage Months Project $0 $0 $o so s0 $o $o $o So $o $o $o $o $o SalaryWage Total $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3 7684-4220-875&DSCAEOAE2B82 FORM F-2:TRAVEL Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR Conference/Workshop Travel Costs Description of Location Number of: Conference/Workshop Justification (City,State) Days/Employees Travel Costs Mileage Airfare Meals Lodging Other Costs Total SO Mileage Airfare Meals Lodging Other Costs Total SO Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total SO Mileage Airfare Meals Lodging Other Costs Total $0 Total for Conference/Workshop Travel $0 Other/Local Travel Costs I Number of I I Mileage I I Revised:7/6/2609 DocuSign Envelope ID:C09140A3-76B4-4220-875B-DSCAEOAE2B82 Justification Miles Mileage Reimbursement Rate I Cost I Other Costs I Total (a) (b) (a)+(b) $0 $0 $0 $0 $o So $0 $0 $0 $0 $o $o $0 $0 $0 $0 $0 $0 Total for Other/Local Travel $0 Other/Local Travel Costs: $0 Conference/Workshop Travel Costs: $0 Total Travel Costs: $0 Revised:7/6/2009 DaceSign Envelope ID:C09140A5-7684-4220-875B-DSCAEOAE2B82 FORM F-2:TRAVEL Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR Conference/Workshop Travel Costs Description of Location Number of: Conference/Workshop Justification (City,State) Days/Employees Travel Costs Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total $0 Mileage Airfare Meals Lodging Other Costs Total $0 Total for Conference/Workshop Travel $0 Other/Local Travel Costs I Number of I I Mileage I I Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7664-4220-875B-D5CAEOAE2B82 Justification MilesMileage Reimbursement Rate Cost Other Costs Total l (a) (b) (a)+(b) SO So SO $0 So $O So $o So So So $o So $o So $o So So Total for Other/Local Travel 50 Other/Local Travel Costs: $0 Conference/Workshop Travel Costs: $0 Total Travel Costs: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-8758-D5CAEOAE2B82 FORM F-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form (Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR Itemize,describe,and justify below. Equipment is tangible nonexpendable personal property costing$5,000 or more and a useful life of more than one year. Approved equipment must be purchased within 90 days of contract start date. Number Cost Per Description of Item Purpose&Justification of Units Unit Total $0 So So So So $0 $0 $0 $0 So $0 $0 $0 $0 $0 $o $0 $0 Total Amount Requested for Equipment: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-875B-DSCAEOAE2B82 FORM F-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form(Supplemental) Legal Name of Respondent: Itemize,describe,and justify below. Equipment is tangible nonexpendable personal property costing$5,000 or more and a useful life of more than one year. Approved equipment must be purchased within 90 days of contract start date. Number Cost Per Description of Item Purpose&Justification of Units Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Amount Requested for Equipment: $0 Revised:7/6/2009 DocuS,gn Envelope ID.C09140A3-7664-4220-8758-D5CAEOAE2B82 FORM F-4: SUPPLIES Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR Itemize and describe each supply item and provide an estimated quantity and cost if applicable. Provide a justification for each supply item. Costs may be categorized by each general type-office,computer,medical,educational,etc. Supplies can be consumable-paper,drugs,etc.,OR controlled assets costing$500 or more but less than$5,000-computers,printers,phones,medical and lab equipment,etc. Description of Item [I'applicable,provide estimated quantity and cost(i.e.#of boxes&cost/box)] Purpose&Justification Total Cost Total Amount Requested for Supplies: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-DSCAEOAE2B82 FORM F-4:SUPPLIES Budget Category Detail Form (Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR Itemize and describe each supply item and provide an estimated quantity and cost if applicable. Provide a justification for each supply item. Costs may be categorized by each general type-office,computer,medical,educational,etc. Supplies can be consumable-paper,drugs,etc.,OR controlled assets costing$500 or more but less than$5,000-computers,printers,phones,medical and lab equipment,etc. Description of Item [If applicable,provide estimated quantity and cost(i.e.#of boxes&cost/boxf Purpose&Justification Total Cost Total Amount Requested for Supplies: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 FORM F-5: CONTRACTUAL Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR List contracts for medical services related to the scope of work that is to be provided by a third party. If a third party is not yet identified,describe the service to be contracted and show contractors as"To Be Named." Justification for any contract that delegates$100,000 or more of the scope of the project in the respondent's funding request,must be attached behind this form. RATE OF CONTRACTOR NAME DESCRIPTION OF SERVICES METHOD OF JJ of Months, PAYMENT (Agency or Individual) (Scope of Work) Justification PAYMENT (i.e. Hours,Units, (i.e.hourly rate, TOTAL Monthly,Hourly, etc. unit rate,lump Unit,Lump Sum) sum amount) $0 $0 $0 $0 $0 • $0 $0 $0 $o $o Total Amount Requested for CONTRACTUAL: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-8758-D5CAEOAE2B82 FORM F-5: CONTRACTUAL Budget Category Detail Form (Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR List contracts for medical services related to the scope of work that is to be provided by a third party. If a third party is not yet identified,describe the service to be contracted and show contractors as"To Be Named." Justification for any contract that delegates$100,000 or more of the scope of the project in the respondent's funding request,must be attached behind this form. RATE OF CONTRACTOR NAME DESCRIPTION OF SERVICES METHOD OF #of Months, PAYMENT or Individual) Justification PAYMENT (i.e. Hours,Units, (Le.hourly rate, TOTAL (Agency (Scope of Work) Monthly,Hourly, etc. unit rate,lump Unit,Lump Sum) sum amount) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Amount Requested for CONTRACTUAL: $0 Revised:7/612009 DocuSign Envelope ID:C09140A3-76B4-4220-8758-D5CAEOAE2B82 FORM F-6:OTHER Budget Category Detail Form(Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR vescl ipsion or item [If applicable,include quantity and cost/quantity(i.e.N of units& cost/unit)] Purpose&Justification Total Cost Total Amount Requested for Other: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-7684-4220-875B-D5CAEOAE2B82 FORM F-6:OTHER Budget Category Detail Form (Supplemental) Legal Name of Respondent: CITY OF PORT ARTHUR 1.1e5Lrrpuutt or nem Of applicable,include quantity and cost/quantity(i.e.a of units& cost/unit)] Purpose&Justification Total Cost Total Amount Requested for Other: $0 Revised:7/6/2009 DocuSign Envelope ID:C09140A3-76B4-4220-875B-D5CAEOAE2B82 FORM F-7 Indirect Costs Legal Name of Respondent: CITY OF PORT ARTHUR Total amount of indirect costs allocable to the project: Amount: Indirect costs are based on(mark the statement that is applicable): The respondent's most recent indirect cost rate approved by a federal RATE: cognizant agency or state single audit coordinating agency. Expired rate BASE: agreements are not acceptable. Attach a copy of the rate agreement to this form(Form I-7 Indirect) Applies only to governmental entities.The respondent's current central RATE: service cost rate or indirect cost rate based on a rate proposal prepared in TYPE: accordance with OMB Circular A-87. Attach a copy of Certification of Cost BASE: Allocation Plan or Certification of Indirect Costs. Note:Governmental units with only a Central Service Cost Rate must also - include the indirect cost of the governmental units department(i.e.HHSC). In this case indirect costs will be comprised of central service costs(determined by applying the rate)and the indirect costs of the governmental department. The allocation of indirect costs must be addressed in Part V-Indirect Cost Allocation of the Cost Allocation Plan that is submitted to HHSC. A cost allocation plan. A cost allocation plan as specified in the DSHS Contractor's Financial Procedures Manual(CFPM),Appendix A must be X submitted to HHSC within 60 days of the contract start date. The CFPM is available on the following Internet web link: http://www.dshs.state.tx.us/contracts/ GO TO PAGE 2(below) Revised:7/6/2009 DocuSign Envelope ID.C09140A3-7684-4220-8758-DSCAEOAE2B82 Page 2, FORM F-7 Indirect Costs tf using an central service or indirect cost rate,identify the types of costs that are included(being allocated)in the rate: Organizations that do not use an indirect cost rate and governmental entities with only a central service rate must Identify the types of costs that will be allocated as indirect costs and the methodology used to allocate these costs in the space provided below. The costs/methodology must also be disclosed In Part V-Indirect Cost Allocation of the Cost Allocation Plan that is submitted to DSHS. Identify the types of costs that are being allocated as indirect costs,the allocation methodology,and the allocation base: Revised:7/6/2009 Dom •sEcuitUo Certificate Of Completion Envelope Id:C09140A376B44220875BD5CAE0AE2B82 Status:Sent Subject:Amending$326,900; 2016-048585-002;City of Port Arthur A-4;MSS/HDIS/HDS/OPSH Primary Health Care Source Envelope: Document Pages: 76 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.13 Record Tracking Status:Original Holder:Texas Health and Human Services Location: DocuSign 7/23/2019 12:56:21 PM Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Rebecca Underhill Sent:7/23/2019 1:01:26 PM rebecca.underhill@portarthurtx.gov Interim City Manager Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lindsay Rodgers Lindsay.Rodgers@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sherry Mojica COPIED Sent:7/23/2019 1:01:25 PM sherry.mojica@hhsc.state.tx.us Contract Coordinator Texas Health and Human Services Commission Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Meisha Scott Sent:7/23/2019 1:01:25 PM Meisha.Scott@hhsc.state.tx.us COPIED Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Marissa Acosta COPIED Sent:7/23/2019 1:01:25 PM marissa.acosta05@hhsc.state.tx.us Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Judith Smith Sent:7/23/2019 1:01:26 PM judith.smith@portarthurtx.gov COPIED Viewed: 7/23/2019 2:22:07 PM Director of Health Services City of Port Arthur Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/23/2019 1:01:26 PM Payment Events Status Timestamps