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INTEROFFICE MEMORANDUM
Date: May 4, 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Judith A. Smith, RN, BSN, Director of Health Services
RE: P.R. No. 21386 Authorization to amend the 2016-2020 Contract between the
Texas Department of Family and Protective Services and the City of Port
Arthur to which will modify the grant to change the terms, the agreement
elements, scope of services and deliverables, the total cost, statement of work
and updates the terms and conditions.
Introduction: The intent of this Agenda Item is to seek the City Council's approval for the
City Manager to enter into amending the contract between the Texas Department of Family
and Protective Services (DFPS) and the City of Port Arthur for the Nurse Family Partnership
Program, P.R. No. 21386. The 2016-2020 Contract Amendment was approved by council
March 29, 2018 per Resolution No. 18-132, and now the state wishes to amend the contract to
modify the grant and to extend the contract period to August 31, 2021.
Background: The Nurse Family Partnership Program provides educational, health, guidance,
and other resources for low-income, Medicaid eligible, first-time pregnant women during
pregnancy, and during the first two years of their infant's life through visits by highly trained
registered nurses. This Program serves 125 families.
Budget Impact: The total budget is not to exceed $3,913,754.00
Recommendation: It is recommended that City Council approve P.R. No. 21386 amending
the contract with Texas Department of Family and Protective Services for the Nurse-Family
Partnership Program as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 21386
05/04/2020
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT 5 (BILATERAL
AMENDMENT) TO MODIFY CONTRACT #529-16000300005
BETWEEN THE TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES (DFPS) AND THE CITY OF PORT
ARTHUR FOR THE NURSE-FAMILY PARTNERSHIP
SERVICES. THIS AMENDMENT MODIFIES THE AGREEMENT
ELEMENTS, TERMS OF AMENDMENT AND SERVICE
DELIVERY. THE CONTRACT EXTENDS TO AUGUST 31, 2021
AND WILL NOT EXCEED $3,913,754.00
WHEREAS, the State of Texas, by and through the Texas Department of Family
and Protective Services (DFPS) awarded grant funds to eligible entities to support the
establishment and operation of local Nurse-Family Partnership (NFP) programs to
provide educational, health, guidance, and other resources for low-income, first-time
pregnant women during pregnancy, and during the first two years of their infant's life
through visits by highly trained registered nurses; and,
WHEREAS, pursuant to Resolution No. 15-332, Council approved the FY2015-
2016 contract between DFPS and the City of Port Arthur for the NFP program with a
contract period ending in August 31, 2016; and,
WHEREAS, pursuant to Resolution No. 16-247, Council approved Amendment
No. 1, extending the contract period to August 31, 2017; and,
WHEREAS, pursuant to Resolution No. 17-204, council approved the
amendment extending the contract period to August 31, 2020; and,
WHEREAS, Texas Department of Family and Protective Services is now
amending the contract to increase the total funds from $3,225,632.00 to $3,913,754.00
for the contract period September 1, 2015 through August 31, 2021.
P.R. No. 21386
05/04/2020
WHEREAS, the Texas Department of Family and Protective Services (DFPS)
will award grant funds for approximately 90% of the total annual base budget for the
Nurse-Family Partnership grant and the City is expected to contribute the remaining 10%
from local match funds.
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.
Section 2. That, the City Council of the City of Port Arthur hereby authorizes
increasing the award amount between Texas Department of Family and Protective
Services (DFPS) and the City of Port Arthur for the Nurse-Family Partnership Program
for the total amount of$3,913,754.00 as delineated in Exhibit "A".
Section 3. 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 May, 2020 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:
P.R. No. 21386
05/04/2020
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
/61}/i7/7. ez77-L. („,
Val Tizeno, C-4 Attorney
APPROVED FOR ADMINISTRATION:
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Ron Burton, City Manager Jugith Smith, RN, BSN,
Director of Health Services
APPROVED FOR AVAILABILITY OF FUNDS:
Kandy Daniel, Interim Finance Director
(10% Local Match Funds)
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TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT
This Bilateral Amendment No. 05 (Bilateral Amendment) modifies Contract #529-
16000300005 (Contract) and is entered into by the Texas Department of Family
and Protective Services (DFPS) and City of Port Arthur (Contractor) for Texas
Nurse-Family Partnership (TNFP) services.
I. PURPOSE.
As permitted by Section 9.01 of Attachment D-1 HHSC Terms and Conditions-
Grant ver.2.14, this Amendment modifies the Agreement Elements, Term of
the Amendment, Scope of Service and Deliverables, Total Cost, Statement of
Work, Budget, and updates the terms and conditions.
II. CONTRACT MODIFICATIONS.
A. Section 2.06 Agreement Elements. This Amendment modifies the
original Contract by deleting section 2.06 in its entirety and replacing it
with the following:
The Agreement between the Parties consists of some or all of the
following documents. In the event of any conflict or contradiction
between or among these Agreement elements, the documents shall
control in the order of precedence listed below from highest to lowest:
1. The Base or Master Contract as may be modified by Amendments;
2. The Uniform Terms and Conditions along with any Exhibits or
Attachments as modified by Amendments;
3. Any other documents that have been identified as part of this
Contract which shall include the Contractor's Project Work Plan;
and
4. The Request for Proposals No. 529-16-0003.
B. Section 2.07 Term of the Agreement. This Amendment modifies the
original Contract, as previously amended by Amendment 2, by deleting
section 2.07 in its entirety and replacing it with the following:
1. This Agreement is effective September 1, 2015 and ends on
August 31, 2021 and can be renewed, extended or terminated as
provided for in this Agreement.
2. The Parties may extend the Term of the Agreement by written
amendment to the Agreement for one-year or two-year extensions
for up to a maximum total of six years, or as necessary to
complete the mission of this Agreement.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT PAGE 1
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IV. SIGNATORIES.
By signing this Amendment, the Parties certify that they have the requisite
authority to bind their respective Party to this Amendment.
DFPS City of Port Arthur
LIST OF ATTACHMENTS:
ATTACHMENT A-1: STATEMENT OF WORK
ATTACHMENT B-2: BUDGET
ATTACHMENT C-2: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS
ATTACHMENT D-2: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
SUPPLEMENTAL AND SPECIAL CONDITIONS
ATTACHMENT E- REQUEST FOR PROPOSAL 529-16-0003
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT PAGE 3
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C. Section 3.01 Scope of the Services and Deliverables of the original
Contract, is deleted in its entirety and replaced with the following:
The Services and Deliverables that the Contractor is required to provide
under this Agreement are described in the following items:
1. Attachment A-1 (Statement of Work) incorporated into this
Amendment;
2. The Contractor's Project Work Plan incorporated by reference into this
Agreement; and
3. Attachment E (Request for Proposals No. 529-16-0003) incorporated
by reference into this Agreement.
D. Section 4.01 Total Cost of the Agreement, as previously amended by
Amendment 4, is deleted in its entirety and replaced with the following:
The total amount of this Contract will not exceed $3,913,754.00. All
expenditures under this Contract will be in accordance with Attachment B-
2 (Budget).
E. Attachment A-1 (Statement of Work) attached to this Amendment
replaces Exhibit B (Contractor's Proposal and Agreed Modifications) from
the original Contract and Attachment A-1 (Performance Measures) from
Amendment 3 in their entirety.
F. Attachment B-2 (Budget) attached to this Amendment replaces
Attachment B-1 (Budget) of Amendment 3 in its entirety.
G. Attachment C-2 (Texas Department of Family and Protective
Services Grant Uniform Terms and Conditions) attached to this
Amendment replaces Attachment C-1 (DFPS Special Conditions) of
Amendment 2 in its entirety.
H. Attachment D-2 (Texas Department of Family and Protective
Services Grant Supplemental and Special Conditions) attached to
this Amendment replaces Attachment D-1 (HHSC Terms and Conditions -
Grantee ver. 2.14) of Amendment 2 in its entirety.
I. Attachment E (Request for Proposal 529-16-0003) attached to this
Amendment replaces Exhibit A (Request for Proposals) of the original
Contract. The Request for Proposal 529-16-0003 did not change; this only
changes the link to the source documents.
J. Unless otherwise modified by this Bilateral Amendment or any prior
Bilateral or Unilateral Amendments, all other terms in the Contract will
remain in full force and effect.
III. EFFECTIVE DATE.
This Bilateral Amendment is effective May 1, 2020.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT PAGE 2
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ATTACHMENT A-1
STATEMENT OF WORK
This Statement of Work (SOW) provides an executive level summary of the Grantee's service delivery
program. core services, other contracted work, primary service area, performance measures, and
additional contract requirements.Any edits to this SOW require a formal contract amendment.
TEXAS NURSE-FAMILY PARTNERSHIP
CONTRACT INFORMATION
Grantee Name: City of Port Arthur Contract Term: 9/01/2015-8/31/2021
Contract Number: 529-16000300005 Agency ID: 24736820
CORE DIRECT SERVICES
Briefly list the core services that will be provided and which agencies will be providing these services (if
applicable).
Include only services funded by PEI under this contract.
Agency Providing Service Service Type Program Curriculum/Model
to be used (if applicable)
City of Port Arthur Home Visiting Nurse-Family Partnership
COALITION WORK
See Project Work Plan.
OTHER CONTRACTED WORK
See Project Work Plan.
PRIMARY SERVICE AREA
List primary counties served under this contract. Note: Additional counties may be served in accordance
to the RFP; these counties will be listed in the Project Work Plan.
Jefferson, Orange, Hardin, Chambers
ELIGIBLE POPULATION
Home visiting services must be made available on a voluntary basis and at no cost to pregnant women
who are first-time mothers, pregnant 28 weeks or less, meet program-specified income requirements,
and live in the eligible geographic areas through the time that the child reaches two years of age.
Annual Grantee Outputs & Outcomes
OUTPUTS TARGET
Grantee will meet all of the following outputs measures.
Output#1: 125
The expected number of families served annually. _
Output#2: 100%
Staff members are trained to deliver the evidence-based model.
Output#3: 100%
Program will maintain family capacity throughout the contract term.
Output#4: 50%
Families will remain engaged in the program for a minimum of one year.
Output#5: Demonstrated regular
Grantee will lead or participate in a local early childhood coalition. coordination or participation
through quarterly reporting.
OUTCOMES TARGET
Grantee will meet two or more of the following outcome measures.
Outcome#1: 15%
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ATTACHMENT A-1
Women will breastfeed for at least six months postpartum.
Outcome#2:
Children will attend recommended well child visits. 80%
Outcome#3:
Babies will be born at full term. 87%
Outcome#4:
Primary caregiver(s) and/or family members will read, tell stories, or sing 80%
songs daily to or with their child(ren).
Outcome#5:
Parent-child interaction will improve. 800/0
Outcome#6:
Primary caregiver(s)will exit the program working and/or attending an 60%
educational program.
REPORTING REQUIREMENTS
1. Grantee will submit a monthly expenditure report using the format provided by DFPS for
allowable expenses that includes an invoice and a scanned purchase voucher with an original
signature.
2. Grantee will work with DFPS during that last month of the fiscal year to submit accurate year-end
expenditures as soon as possible.
3. Grantee will submit a Quarterly Report using the template and guidance provided by DFPS.
4. Grantee will report additional data elements as required by DFPS.
OTHER REQUIREMENTS
Grantee will implement the evidence-based home visiting program model(s) outlined in its approved
budget according to the national model elements and requirements for each program model. Curricula,
assessments, screening tools, data collection and home visit guidelines required by the program
model(s) must be used.
Grantee must complete ongoing trainings or meetings that are required by PEI and the specified program
model(s).
Grantee must use the data collection system required by DFPS. All required data must be entered
directly into the applicable system and the Grantee must perform a quality check to ensure all data
required by DFPS is included and the data is accurate. This quality check must include timely review and
response to DFPS-generated quality assurance reports. Data must be entered each month according to
the program model(s) requirements and DFPS's guidance.
Grantee will take all appropriate steps to maintain client confidentiality and obtain any necessary written
client consents for data analysis or disclosure of protected health information, in accordance with
applicable federal and state laws, including, but not limited to, authorizations, data use agreements, and
business agreements as necessary.
In order to ensure client health and safety, Grantee must follow DFPS requirements regarding criminal
background checks and records maintenance.
Grantee will monitor subcontractors according to PEI guidance and requirement to ensure that
subcontractors are adhering to contract requirements as they relate to this Agreement.
Grantee must provide flexible schedules to Home Visitors and Supervisors to allow for evening and
weekend work to accommodate clients' schedules.
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ATTACHMENT A-1
Grantee's staff vacancies must be filled within three months.
Grantee is required to participate in PEI-required evaluation activities administered through
PEI research and evaluation and any contracted partners (if applicable).
Grantee is prohibited from engaging in research on program staff and/or client population without prior
written authorization from PEI and the program model(s).
Grantee is prohibited from using the DFPS name, logo or insignia on forms or other materials related to
PEI-funded services. This includes forms (e.g. consent forms) and materials that are distributed to the
Grantee's clients.
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ATTACHMENT B-2
BUDGET
BAYLOR COLLEGE OF MEDICINE
TEXAS NURSE-FAMILY PARTNERSHIP
A. Contract Total Value
The contract total value, as referenced in Section 4.01 Total Cost,
includes both the annual budget amounts and the potential Quality
Incentive Project (QIP) payments. This amount is the projected
potential value. Actual budget amounts must be confirmed through
the Notice of Award process as referenced in Section D of this
attachment.
B. Annual Budget
DFPS will pay the Grantee an annual amount not to exceed the total
agreed upon amount in the Grantee's Notice of Award.
C. Quality Initiative Project (QIP)
1. As outlined in Attachment D-2 Texas Department of Family
and Protective Services Grant Supplemental and Special
Conditions Section II. I, the Grantee may qualify for
additional payments.
2. QIP payments, if approved, will not exceed 25% of the Grantee's
annual budget.
D. Notice of Award
As stated in Attachment D-2 Texas Department of Family and
Protective Services Grant Supplemental and Special
Conditions Section II. J, DFPS may modify the annual award
amount at any time during the contract by issuing a Notice of
Award to the Grantee.
E. Form 2030 PEI Budget Expenditure Workbook
This award is supported by Form 2030 PEI Budget Expenditure
Workbook which is updated annually and modified throughout the
fiscal year to reflect expenditures and any changes to the budget.
F. Invoice and Payment
1. Payments are on a monthly cost-reimbursement basis in
response to an invoice and purchase voucher.
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2. Grantee will submit an invoice and purchase voucher on a
monthly basis, no later than the last day of the month following
that in which the expenditure occurred. If the last day falls on a
weekend or holiday, the documents are due the next business
day.
3. Grantee shall submit a final close-out invoice not later than
forty-five (45) calendar days following the end of the term of the
Contract. Reimbursement requests received more than forty-five
(45) calendars following the termination of the Contract may not
be paid.
4. PEI will pay Grantee from available funds for services rendered
in accordance with the terms of this Contract upon receipt of a
proper and verified statement and after deduction of any known
previous overpayment made by DFPS.
G. GRANT INFORMATION.
1. Federal Funding Information:
Federal Awarding Agency: U.S Department of Health and Human
Services, CFDA Name and Number:
Temporary Assistance for Needy Families (TANF);
CFDA 93.558
For the duration of the contract, the most recent award letter
will be available at the following URL:
https://www.dfps.state.tx.us/Doing Business/NoA/default.asp
2. State Funding Information:
Procurement Name: Texas Nurse-Family Partnership
Procurement Number: 529-16-0003
3. For the purposes of this Contract, City of Port Arthur, (DUNS No.
137134909) is considered a sub-recipient and is funded all or in
part by the U.S Department of Health and Human Services of the
Temporary Assistance for Needy Families (TANF); CFDA 93.558.
The exact amount of state and/or federal funding is determined
at the end of the fiscal year. DFPS will notify the Grantee in
writing the exact amount of federal and/or state monies used to
fund the Contract upon written request from the Grantee.
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ATTACHMENT C-2
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS
SECTION I
FUNDING AVAILABILITY & FINANCIAL
A. FUNDING AVAILABILITY.
1. This Contract is contingent upon the continued availability of funding. If
funds become unavailable through the lack of appropriations, legislative or
executive budget cuts, amendment of the Appropriations Act, state agency
consolidation or any other disruptions of current appropriations, DFPS will
reduce or terminate this Contract.
2. DFPS is prohibited from incurring obligations in excess of amounts lawfully
appropriated by the Texas Legislature over the course of a biennium.
B. PROMPT PAYMENT.
DFPS will pay Grantee according to the Prompt Payment Act, Texas Government
Code Chapter 2251, unless the terms of a federal contract, grant, regulation, or
statute prevent the DFPS from making a timely payment with federal funds.
C. TRAVEL EXPENSES.
Travel expenses authorized by this Contract will be reimbursed according to the
rates set by the State of Texas TexTravel (or its successor) program.
Furthermore, DFPS reserves the right to reimburse at a rate equal to the rate
DFPS employees receive even if the rates set by the State of Texas TexTravel
are higher.
D. NO DEBT AGAINST THE STATE.
For Grantees that are not governmental entities, this Contract will not be
construed as creating any debt by or on behalf of the State of Texas.
E. DEBT TO STATE.
If a law prohibits the Texas Comptroller of Public Accounts from making a
payment, the Grantee acknowledges that DFPS' payments under the Contract
will be applied toward eliminating the Grantee's debt or delinquency, regardless
of when it arises.
F. RECAPTURE OF FUNDS.
Grantee agrees that:
1. DFPS will withhold all or part of any payments to Grantee to offset
overpayments made to Grantee. Overpayments, as used in this Section,
include payments made by DFPS that exceed the maximum allowable rates,
not allowed under applicable laws, rules, or regulations or that are otherwise
inconsistent with this Contract, including any unapproved expenditures;
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS PAGE 1
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2. It will return to DFPS any amounts paid that are disallowed pursuant to
financial and compliance audit(s) of funds received under this Contract; and
3. Reimbursement of such disallowed costs will be paid by Grantee from funds
which were not provided or otherwise made available to Grantee under this
Contract or from a source of federal funds derived from programs
administered by DFPS or the State of Texas.
G. FINANCIAL REMEDIES.
In addition to any other remedy under law, DFPS reserves the right to
implement financial remedies based on monitoring or audit findings related to
violations of this Contract's requirements including recovery of all actual
damages DFPS accrues as a result of a Grantee's noncompliance. As applicable
to this Contract, additional financial remedies or liquidated damages may be
provided for in this Contract's Supplemental and Special Conditions.
H. ALLOWABLE COSTS.
DFPS will reimburse the allowable costs incurred in performing the Contract that
are sufficiently documented. Grantee must have incurred a cost prior to
claiming reimbursement and within the applicable term to be eligible for
reimbursement under this Contract. DFPS will determine whether costs
submitted by Grantee are allowable and eligible for reimbursement. If DFPS has
paid funds to Grantee for unallowable or ineligible costs, DFPS will notify
Grantee in writing, and Grantee shall return the funds to DFPS within 30
calendar days of the date of this written notice. DFPS will withhold all or part of
any payments to Grantee to offset reimbursement for any unallowable or
ineligible expenditure that Grantee has not refunded to DFPS, or if financial
status report(s) required under the Financial Status Reports section are not
submitted by the due date(s). DFPS will take repayment (recoup) from funds
available under this Contract in amounts necessary to fulfill Grantee's
repayment obligations. Applicable cost principles, audit requirements, and
administrative requirements include the following chart. Furthermore, OMB
Circulars will be applied with the modifications prescribed by UGMS with effect
given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Applicable Applicable Audit Administrative
Entity Cost Principles Requirements Requirements
State, Local and 2 CFR, Part 225 2 CFR Part 200, 2 CFR Part 200
Tribal Subpart F and and UGMS
Governments UGMS
Educational 2 CFR, Part 220 2 CFR Part 200, 2 CFR Part 200
Institutions Subpart F and and UGMS
UGMS
Non-Profit 2 CFR, Part 230 2 CFR Part 200, 2 CFR Part 200
Organizations Subpart F and and UGMS
UGMS
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS PAGE 2
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Applicable Applicable Audit Administrative
Entity Cost Principles Requirements Requirements
For-profit 48 CFR, Part 31 2 CFR Part 200, 2 CFR Part 200
Organization other Contract Cost Subpart F and and UGMS
than a hospital Principles Procedures, UGMS
or uniform cost
accounting standards
that comply with cost
principles acceptable
to the federal or state
awarding agency
I. INDEPENDENT SINGLE OR PROGRAM-SPECIFIC AUDIT.
If Grantee, within Grantee's fiscal year, expends a total amount of at least
$750,000 in federal funds awarded, Grantee shall have a single audit or
program-specific audit in accordance with 2 CFR 200. The $750,000 federal
threshold amount includes federal funds passed through by way of state agency
awards. If Grantee, within Grantee's fiscal year, expends a total amount of at
least $750,000 in state funds awarded, Grantee must have a single audit or
program-specific audit in accordance with UGMS, State of Texas Single Audit
Circular. The audit must be conducted by an independent certified public
accountant and in accordance with 2 CFR 200, Government Auditing Standards,
and UGMS. For-profit Grantees whose expenditures meet or exceed the federal
or state expenditure thresholds stated above shall follow the guidelines in 2 CFR
200 or UGMS, as applicable, for their program-specific audits. HHSC Single Audit
Services will notify Grantee to complete the Single Audit Determination Form. If
Grantee fails to complete the Single Audit Determination Form within 30
calendar days after notification by HHSC Single Audit Services to do so then,
Grantee shall be subject to the DFPS sanctions and remedies for non-compliance
with this Contract. Each Grantee that is required to obtain a single audit must
competitively re-procure single audit services once every six years. Grantee
shall procure audit services in compliance with this section, state procurement
procedures, as well as, with the provisions of UGMS.
J. SUBMISSION OF AUDIT.
Within 30 days after receipt of the independent certified public accountant's
report or nine months after the end of the fiscal year, Grantee shall submit
electronically, one copy of the Single Audit or Program-Specific Audit to the
DFPS as directed in this Contract and another copy
to: single audit report@hhsc.state.tx.us.
K. INSURANCE.
For Grantees that are not governmental entities, the following applies.
1. Unless otherwise specified in this Contract, its' Supplemental and Special
Conditions or the solicitation that this Contract resulted from, Grantee will
acquire and maintain, for the duration of this Contract, insurance coverage
necessary to ensure proper fulfillment of this Contract and potential liabilities
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS _ PAGE 3
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thereunder with financially sound and reputable insurers licensed by the
Texas Department of Insurance, in the type and amount customarily carried
within the industry or as determined by DFPS.
2. Grantee will provide evidence of insurance upon request by DFPS.
3. In the event that any policy is determined by DFPS to be deficient and does
not comply with the terms of this Contract, Grantee will secure such
additional coverage as required by DFPS, law or regulation.
4. If coverage expires during the term of this Contract, Grantee must produce
renewal certificates for each type of coverage.
L. NONSUPPLANTING.
Grantee shall not use funds from this Contract to replace or substitute for
existing funding from other sources but shall use funds from this Contract to
supplement existing state or local funds currently available. Grantee shall make
a good faith effort to maintain its current level of support. Grantee will be
required to submit documentation substantiating that a reduction in state or
local funding, if any, resulted for reasons other than receipt or expected receipt
of funding under this Contract.
SECTION II
RECORDS — ACCESS, AUDIT & RETENTION
A. RECORDS RETENTION AND ACCESS.
1. Grantee will keep and maintain, as applicable, accurate and complete records
necessary to determine compliance with this Contract and applicable laws.
2. Grantee will provide access to its records to DFPS, the Texas State Auditor's
Office (SAO), the Federal Government, and their authorized representatives.
3. Unless otherwise specified in this Contract, Grantee will maintain legible
copies of this Contract and all related documentation for a minimum of seven
years after the termination of this Contract or seven years after the
completion of any litigation or dispute involving the Contract, whichever is
longer.
4. THE GRANTEE WILL NOT DISPOSE OF RECORDS BEFORE PROVIDING
THE DFPS CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO
DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM
THE DFPS CONTRACT MANAGER.
B. SAO AUDIT.
1. Grantee understands that acceptance of funds under this Contract or through
a subcontract acts as acceptance of the authority of the SAO or any
successor agency, to conduct an audit or investigation in connection with
those funds.
2. Under the direction of the Legislative Audit Committee, an entity that is the
subject of an SAO audit or investigation must provide the SAO access to any
information that is considered relevant.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS PAGE 4
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3. Grantee agrees to cooperate fully with the SAO, or its successor, in the
conduct of the audit or investigation, including providing all records
requested.
4. Grantee will ensure that this clause, concerning the authority to audit funds
received indirectly by subgrantees related to this Contract and the
requirement to cooperate, is included in any subcontracts it awards.
C. COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS.
1. Grantee will implement all corrections necessary to address any finding of
noncompliance with any law, regulation, audit requirement, accounting
principle, or deficiency identified in any audit, review, or inspection of this
Contract.
2. Any such correction will be at Grantee or its subgrantee's sole expense.
3. Whether Grantee's action corrects the noncompliance will be solely the
decision of DFPS.
4. Grantee must provide, at DFPS' request, a copy of those portions of
Grantee's and its subgrantees' internal audit reports relating to this Contract.
D. CONFIDENTIAL INFORMATION.
1. Grantee agrees to only use DFPS confidential information for the purpose of
this Contract and comply with all applicable state and federal laws when it
receives and stores DFPS confidential information, including, but not limited
to, the following enumerated. This includes any communication or record
regardless of form or format provided or made available through any means
and includes records or information that identifies DFPS children or clients.
a. Section 106 of the Child Abuse Prevention and Treatment Act (CAPTA),
codified at 42 U.S.C. 5106a;
b. Section 471 of Title IV-E of the Social Security Act, codified at 42 U.S.C.
671(a)(8), and related federal rules at 45 CFR 1355.30 & 45 CFR
205.50;
c. Social Security Administration Data, including, without limitation,
Medicaid information (The Social Security Act, 42 U.S.C. Chapter 7);
d. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g;
34 CFR Part 99;
e. Protected Health Information, including Electronic Protected Health
Information or Unsecured Protected Health Information under the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C.
Chapter 7, Subchapter XI, Part C; 45 CFR Parts 160 and 164;
f. Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C.
§290dd-27 42 CFR Part 2;
g. Federal Tax Information, Internal Revenue Code, Title 26 of the United
States Code including IRS Publication 1075;
h. The Privacy Act of 1974, as amended by the Computer Matching and
Privacy Protection Act of 1988, 5 U.S.C. §552a;
i. Personal Identifying Information defined by Texas Business and
Commerce Code Chapter 521, and OMB Memorandum 07-16,
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Safeguarding Against and Responding to the Breach of Personally
Identifiable Information;
j. Texas Family Code §261.201 and related provisions in Chapters 261 and
• 264;
k. Texas Health and Safety Code §81.046 and Chapters 181 and 611;
I. Texas Human Resources Code §12.003, §40.005, and Chapter 48;
m. Texas Public Information Act, Texas Government Code Chapter 552;
n. 19 Texas Administrative Code Chapter 702 Subchapter F (Child
Protective Services), and Chapter 705 Subchapter M (Adult Protective
Services); and
o. Criminal History Record Information guidelines in the FBI's Criminal
Justice Information Services (CJIS) Security Policy.
2. Grantee will notify DFPS immediately, but not later than 24 hours, after
Grantee discovers any possible or actual unauthorized disclosure or breach of
DFPS confidential information. Grantee will also fully cooperate with DFPS in
investigating, mitigating and issuing notifications for an unauthorized
disclosure or breach as directed by DFPS.
3. Grantee will only disclose information according to applicable law and will
notify DFPS as required by the applicable law, when it makes a disclosure.
4. In the event the Grantee receives a request or demand for confidential
information or records in connection with any discovery, investigative, civil,
criminal or other similar legal process, before the Grantee can release, they
will provide DFPS with written notice of this request or demand within two
business days of receiving it. DFPS will provide prompt notice to the Grantee
whether they have no objection to the release or they plan to seek a
protective order to prevent the release.
E. PUBLIC INFORMATION ACT.
1. Information related to this Contract will be subject to the Public Information
Act (PIA) found at Texas Government Code Chapter 552 and withheld from
public disclosure or released only in accordance with the PIA.
2. In accordance with Section 2252.907 of the Texas Government Code, the
Grantee is required to make any information created or exchanged with DFPS
pursuant to the Contract, and not otherwise excepted from disclosure under
the Texas Public Information Act, available in a format that is accessible by
the public at no additional charge to DFPS.
SECTION III
OWNERSHIP & INTELLECTUAL PROPERTY
A. OWNERSHIP.
DFPS owns all work produced by Grantee under this Contract.
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B. INTELLECTUAL PROPERTY.
1. To the extent any services, deliverables or work performed by Grantee
results in the creation of intellectual property, all right, title, and interest in
and to such intellectual property, will vest in DFPS upon creation and will be
deemed to be a "work made for hire," and made in the course of the services
rendered pursuant to this Contract.
2. To the extent that title to any such intellectual property will not by law vest
in DFPS, or such intellectual property will not be considered a "work made for
hire," Grantee hereby irrevocably assigns all rights, title, and interest therein
to DFPS.
3. Grantee must give DFPS and the State of Texas, as well as, any person
designated by DFPS or the State of Texas, all assistance required to perfect
the rights defined in this Section, without any additional charge or expense
beyond the stated amount payable to Grantee authorized under this
Contract.
SECTION IV
NOTICE
A. NOTICE OF LEGAL MATTER OR LITIGATION.
Grantee will notify their assigned DFPS Contract Manager of any litigation or
legal matter related to or affecting this Contract within seven calendar days of
Grantee becoming aware of the litigation or legal matter.
B. NOTICE OF CHANGE IN CONTACT PERSON OR KEY PERSONNEL OR
MATTERS IMPACTING CONTRACT.
The Grantee will notify their assigned DFPS Contract Manager within ten days of
any change to the Grantee's Contact Person or Key Personnel in the Contract or
any matter impacting the Contract, which includes but is not limited to changes
to Grantee's name or identity, ownership, control, governing board membership,
any problem or potential problem associated with its performance or services, or
payee identification number.
C. COMPLAINT REPORTING.
Unless otherwise noted in this Contract, DFPS will contact the Grantee when it
receives a complaint about the Grantee and advise the Grantee whether DFPS
will conduct an investigation or will coordinate with the Grantee for an
investigation. When DFPS requires the Grantee to conduct any part of the
complaint investigation, Grantee must respond in writing to DFPS with all
information and according to DFPS's requirements and specified time frames.
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SECTION V
AMENDMENT
A. BILATERAL AMENDMENT.
Except as provided for in the Unilateral Amendment section below, this Contract
can only be changed by a Bilateral Amendment executed by both Parties.
B. UNILATERAL AMENDMENT.
A Unilateral Amendment will be issued by DFPS and it will be effective on the
date that is specified in the Unilateral Amendment. DFPS has sole discretion as
to whether a change to the Contract cannot be a Unilateral. DFPS will issue a
Unilateral Amendment to:
1. Correct an obvious clerical error;
2. Modify a Contract Number or Agency ID Number;
3. Incorporate new or revised state or federal laws, regulations, rules or
policies;
4. Comply with a court order or judgment;
5. Update service level description or daily rates;
6. Update Grantee's name as recorded by the Secretary of State, as required by
law or as authorized by DFPS;
7. Change either Party's Contract Manager or contact information;
8. Change any recorded license number based on information obtained from the
agency or entity issuing the license; and
9. For Open Enrollments only, add or delete a geographic service area, service
delivery location, or service type, as long as it is part of a current Open
Enrollment.
SECTION VI
TERMINATION
A. TERMINATION FOR CONVENIENCE.
DFPS will terminate the Contract, in whole or in part, at any time when, in its
sole discretion, DFPS determines that termination is in the best interests of the
State of Texas. The termination will be effective on the date specified in DFPS'
notice of termination.
B. TERMINATION FOR CAUSE.
1. If the Grantee fails to provide the services or goods required by this Contract
or fails to comply with any terms or conditions of it, DFPS will terminate the
Contract in whole or part.
2. In addition to any other remedy allowed by law, Grantee will be responsible
to DFPS for all costs incurred by DFPS and the State of Texas to replace the
Grantee. These costs include, but are not limited to, the costs of procuring a
substitute Grantee and the cost of any claim or litigation that is reasonably
attributable to Grantee's failure to provide services or goods.
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C. EQUITABLE SETTLEMENT.
Any early termination under this Contract will be subject to the equitable
settlement of the respective interests of the Parties up to the date of
termination.
SECTION VII
GENERAL PROVISIONS
A. GOVERNING LAW AND VENUE.
This Contract and the rights and obligations of the Parties will be governed by
and construed according to the laws of the State of Texas, exclusive of any
conflicts of law provisions. Venue for any suit brought under this Contract will be
in a court of competent jurisdiction in Travis County, Texas unless otherwise
elected by DFPS. Grantee irrevocably waives any objection, including any
objection to personal jurisdiction or the laying of venue or based on the grounds
of forum non conveniens, which it will now or hereafter have to the bringing of
any action or proceeding in such jurisdiction with respect to this Contract.
B. INDEMNITY.
THE FOLLOWING APPLIES TO GRANTEES THAT ARE NOT GOVERNMENTAL
ENTITIES.
1. GRANTEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF
TEXAS AND ITS OFFICERS AND EMPLOYEES, AND DFPS AND ITS OFFICERS
AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS,
DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING
ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF OR RESULTING
FROM:
a. GRANTEE'S PERFORMANCE UNDER THE CONTRACT, INCLUDING ANY
NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT,
EMPLOYEE, SUBGRANTEE, OR SUPPLIER OF THE GRANTEE, OR ANY
THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE GRANTEE,
IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;
b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE,
GOVERNMENTAL REGULATION, STANDARD OR RULE OF CONTRACT BY
THE GRANTEE OR ANY AGENT, EMPLOYEE, SUBGRANTEE, OR SUPPLIER
OF THE GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR
SUPERVISION OF THE GRANTEE, IN THE EXECUTION OR PERFORMANCE
OF THIS CONTRACT;
c. EMPLOYMENT OR ALLEGED EMPLOYMENT DISCRIMINATION, INCLUDING
CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS
AGENTS; OR
d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES
ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT,
PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS.
2. NOTHING IN THIS CONTRACT WILL BE CONSTRUED AS A WAIVER OF DFPS'
SOVEREIGN IMMUNITY.
3. IF DFPS IS A NAMED DEFENDANT IN ANY SUIT INVOLVING THIS CONTRACT,
THE DEFENSE WILL BE COORDINATED BY THE GRANTEE WITH THE OFFICE
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OF THE TEXAS ATTORNEY GENERAL. GRANTEE MAY NOT AGREE TO ANY
SETTLEMENT REGARDING SUITS INVOLVING THIS CONTRACT IF DFPS IS A
NAMED DEFENDANT WITHOUT FIRST OBTAINING THE CONCURRENCE OF
THE TEXAS ATTORNEY GENERAL.
C. BACKGROUND HISTORY CHECKS AND RIGHT OF REMOVAL.
1. Before providing direct services, having direct client contact and/or access to
client records, the Grantee will submit information necessary for DFPS to
conduct background checks on its employees, subgrantees or volunteers
according to DFPS Background Checks Handbook under the applicable policy
section
at http://www.dfps.state.tx.us/handbooks/Background Checks/default.asp,
including any required disclosures. Furthermore, before the employee,
subgrantees or volunteer can provide direct services, have direct contact or
access client records, the Grantee must receive notice from DFPS that the
background check has been approved.
2. If while providing direct services, having direct client contact and/or access
to client records, the Grantee becomes aware of any new arrest or
investigation of abuse or neglect conducted by any federal, state or local
agency or board of an employee, subgrantees or volunteer, then the Grantee
will notify DFPS within ten business days of them becoming aware of it. DFPS
will determine if and when the employee, subgrantee or volunteer can have
direct contact with clients.
D. ASSIGNMENTS.
Grantee will not assign all or any portion of its rights under, interests in, or
duties required under this Contract without prior written consent of DFPS. Any
attempted assignment in violation of this Section is void and without effect.
This section will not prohibit collateral assignment of payments for the purpose
of secured lending arrangements in the ordinary course of business.
Grantee agrees that DFPS may, in one or more transactions, assign, pledge, or
transfer this Contract.
E. SEVERABILITY.
If any provision contained in this Contract is held to be unenforceable by a court
of law or equity, this Contract will be construed as if such provision did not exist
and the non-enforceability of such provision will not be held to render any other
provisions of this Contract unenforceable.
F. SURVIVABILITY.
Termination or expiration of this Contract will not release either party from any
liabilities or obligations that the Parties have expressly agreed will survive any
such termination or expiration, remain to be performed, or by their nature would
be intended to be applicable following any such termination or expiration,
including maintaining confidentiality of information and records retention.
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G. FORCE MAJEURE.
Except with respect to the obligation of payments under this Contract, if either
of the Parties, after a good faith effort, is prevented from complying with any
express or implied covenant of this Contract by reason of war; terrorism;
rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of any
governmental authority; or similar events that are beyond the control of the
affected Party (collectively referred to as a "Force Majeure"), then, while so
prevented, the affected Party's obligation to comply with such covenant will be
suspended, and the affected Party will not be liable for damages for failure to
comply with such covenant. In any such event, the Party claiming Force
Majeure will promptly notify the other Party of the Force Majeure event in
writing of the reason for such delay, estimated duration of the delay, and the
steps taken to minimize the delay.
H. AUTHORITY OF DFPS STAFF.
DFPS staff are not authorized to sign non-DFPS forms, unless those forms have
received prior approval by DFPS. DFPS is not bound to the terms of any forms
signed by unauthorized staff.
I. DISPUTE RESOLUTION.
For Grantees that are not governmental entities, the Parties will use the dispute
resolution process in Texas Government Code Chapter 2260 to resolve any
dispute that arising under this Contract. Grantee's Notice of Claim of Breach of
Contract is delivered to their assigned DFPS Contract Manager in their Contract
and to the DFPS Office of General Counsel at the address listed below, by hand,
certified mail return receipt requested, or other verifiable delivery service, and is
effective on date received.
Office of General Counsel
Physical Address
701 W. 51st Street
Austin, TX 78751
Mailing Address
P.O. Box 149030
Austin, TX 78714-9030
Mail Code: E611
J. WAIVER.
DFPS' failure to enforce any provision of this Contract or its payment for
services or goods provided under this Contract, will not constitute a waiver of
any provision of the Contract.
K. CIVIL RIGHTS.
1. Grantee agrees to comply with state and federal anti-discrimination laws,
including:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
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b. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
c. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
d. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
e. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
f. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
g. DFPS's administrative rules, as set forth in the Texas Administrative Code,
to the extent applicable to this Contract.
2. Grantee agrees to comply with all amendments to these laws, and all
requirements imposed by the regulations issued pursuant to these laws.
These laws provide in part that no persons in the United States will, on the
grounds of race, color, national origin, sex, age, disability, political beliefs, or
religion, be excluded from participation in or denied any service or other
benefit provided by federal or state funding or otherwise be subjected to
discrimination.
3. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its
implementing regulations found at 45 CFR Part 80 or 7 CFR Part 15,
prohibiting a Grantee from adopting and implementing policies and
procedures that exclude or have the effect of excluding or limiting the
participation of clients in its programs, benefits, or activities on the basis of
national origin. Civil rights laws require Grantees to provide alternative
methods for ensuring access to services for applicants and recipients who
cannot express themselves fluently in English. Grantee agrees to take
reasonable steps to provide services and information, both orally and in
writing and electronically, in appropriate languages other than English to
ensure that persons with limited English proficiency are effectively informed
and can have meaningful access to government funded programs, benefits,
and activities.
4. Grantee agrees to post applicable civil rights posters in areas open to the
public informing clients of their civil rights and including contact information
for the HHSC Civil Rights Office. The posters are available on the HHSC
website at: http://hhscx.hhsc.texas.gov/system-support-services/civil-
rights/publications.
5. Grantee agrees to comply with Executive Orders 13279 and 13559, and their
implementing regulations at 45 CFR Part 87 or 7 CFR Part 16. These provide
in part that any organization that participates in programs funded by direct
financial assistance from the United States Department of Agriculture or the
United States Department of Health and Human Services will not discriminate
against a program beneficiary or prospective program beneficiary on the
basis of religion or religious belief. Grantee must provide written notice to
beneficiaries of these rights.
6. Upon request, Grantee will provide Texas Health and Human Services
Commission (HHSC) Civil Rights Office with copies of the Grantee's civil
rights policies and procedures.
7. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints
received relating to its performance under this Contract. This notice must be
delivered no more than ten calendar days after receipt of a complaint. This
notice must be directed to:
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HHSC Civil Rights Office
701 W. 51st Street, Mail Code W206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 438-4313
TTY Toll Free: (877) 432-7232
Fax: (512) 438-5885
L. PERMIT AND LICENSE.
Grantee will be responsible at their expense for obtaining all permits and
licenses required by city, county, state or federal rules, regulations or laws
necessary or required for the Grantee to provide services or goods under this
Contract.
M. WARRANTY.
Grantee warrants that all services, deliverables and work done under this
Contract will be completed in a manner consistent with generally accepted
standards in the applicable trade, profession, or industry and conform to or
exceed the specifications set forth in the Contract and be fit for ordinary use, of
good quality, and contain no material defects.
N. E-VERIFY/EMPLOYEE ELIGIBILITY.
By entering into this Contract, Grantee certifies and ensures that it utilizes and
will continue to utilize, for the term of this Contract, the U.S. Department of
Homeland Security's e-Verify system to determine the eligibility of all persons
employed during the Contract term to perform duties within Texas and all
persons (including subgrantees) assigned by the Grantee to perform services,
deliverables and work pursuant to the Contract.
O. REPORT OF WASTE, FRAUD OR ABUSE.
Grantees who suspect fraud, waste or abuse (including employee misconduct
that would constitute fraud, waste, or abuse) are required to immediately
contact both the Texas HHSC Office of the Inspector General at 1-800-436-6184
and the Texas State Auditor's Office
at https://sao.fraud.texas.gov/ReportFraud/.
P. CULTURAL COMPETENCE.
1. Grantee will make reasonable efforts to provide services that meet each
client's individual needs and takes into consideration the intellectual
functioning, literacy, level of education and comprehension ability of each
client in order to ensure that all information is presented in a way that meets
each client's individual needs.
2. Grantee will provide services in the client's primary language either directly
by Grantee or by a DFPS approved translator.
3. Grantee will have a cultural competence mission statement, core values or
other similar guidance that provides how the Grantee will effectively provide
these services to clients of various cultures, races, ethnic backgrounds and
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religions in a manner that recognizes and affirms the client's worth, protects
and preserves the client's dignity and ensures equity of service delivery.
Q. PUBLICITY.
Grantee must not use the name of, or directly or indirectly refer to, DFPS, the
State of Texas, or any other state agency in any media release, public
announcement, or public disclosure relating to the Contract or its subject
matter, including in any promotional or marketing materials, customer lists, or
business presentations.
Grantee will publish, at its sole expense, results of Grantee performance under
the Contract with DFPS's prior review and written approval, which DFPS will
withhold at its sole discretion. Grantee will acknowledge the support received in
all format types (written, visual and audio) from DFPS and the Federal Agency
as applicable.
R. LIMITATION OF DFPS NAME, SEAL OR LOGO.
1. Grantee will not use the DFPS name, seal or logo in any form or manner
without the prior written approval of DFPS.
2. Grantee will not use the DFPS name, seal or logo to imply any endorsement,
approval, or sponsorship of Grantee's goods or services by DFPS.
S. SUBCONTRACTING AND SUBAWARDING.
As applicable under the Contract, Grantee will comply with the following.
1. Grantee will be responsible to DFPS for any subcontractor's and subgrantee's
performance under this Contract. Subcontractors and subgrantees providing
services under the Contract will meet the same requirements and level of
experience as required of Grantee.
2. No subcontract or subaward under the Contract will relieve Grantee of
responsibility for ensuring the requested services are provided.
3. Grantee cannot subcontract or subaward case management services without
DFPS prior written permission.
4. Grantees planning to subcontract or subaward all, or a portion, of the work to
be performed will identify the proposed subcontractors and subgrantees.
5. Subcontracting and subawarding will be solely at grantee's expense.
6. DFPS retains the right to check subcontractor's and subgrantee's background
and approve or reject the use of submitted subcontractors and subgrantees.
7. Grantee will be the sole contact for DFPS and Grantee will list a designated
point of contact for all DFPS inquiries.
8. Grantee will include a term in all subcontracts and subawards that
incorporates this Contract by reference and binds subcontractors and
subgrantees to all the requirements, terms, and conditions of this Contract
related to the service being provided by the subcontractor and subgrantee,
as well as, explicitly hold that this Contract controls in the event of any
conflict with subcontract. DFPS approval of Grantee's use of any
subcontractor and subgrantee is conditioned upon the extent that any
subcontract and subaward does not conflict with any requirements of the
Contract between DFPS and Grantee.
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9. Payments to subcontractors and subgrantees will be made pursuant to the
Prompt Payment Act, Texas Government Code Chapter §2251, unless the
terms of a federal contract, grant, regulation, or statute prevent DFPS from
making a timely payment to the Grantee with federal funds.
T. CYBERSECURITY TRAINING.
If applicable to this Contract, and as directed by DFPS, the Grantee will comply
with Texas Government Code Section §2054.5192 and complete this Section's
Cybersecurity Training requirements. Grantee must submit verification of
completion and compliance with this Section to DFPS.
SECTION VIII
CERTIFICATIONS & AFFIRMATIONS
As applicable to this Contract, Grantee certifies and affirms that by entering into
this Contract that these certifications and affirmations apply to Grantee, and all of
Grantee's principals, officers, directors, shareholders, partners, owners, agents,
employees, subgrantees, independent contractors, and any other representatives
who will provide services under, who have a financial interest in, or otherwise have
an interest in this Contract.
A. Grantee has not given, offered to give, and does not intend to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with this
Contract.
B. Under Texas Government Code §2155.004 (regarding the prohibition of certain
financial participation by persons) and §2155.006 and §2261.053 (both relating
to ability to receive this Contract, and convictions or penalties regarding
Hurricane Rita, Hurricane Katrina or other disasters), Grantee acknowledges that
it is not ineligible to receive this Contract and that this Contract will be
terminated and payment withheld if this certification is found to be inaccurate.
C. Under Texas Family Code §231.006 (relating to delinquent child support),
Grantee acknowledges that it is not ineligible to receive the specified grant,
loan, or payment and acknowledges that this Contract will be terminated and
payment will be withheld if this certification is found to be inaccurate.
D. Grantee is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency under the regulations implementing
Executive Order 12549 and Executive Order 12689, Debarment and Suspension,
2 CFR Part 376, and any relevant regulations promulgated by the department or
agency funding this project. Grantee agrees that this provision will be included
in its entirety in Grantee's subcontracts if payment in whole or in part is from
federal funds. Furthermore, Grantee acknowledges that it has not been
subjected to suspension, debarment, or similar ineligibility determined by any
state or local governmental entity.
E. Grantee is not listed on the federal government's terrorism watch list described
in Executive Order 13224. Entities ineligible for federal procurement are listed
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at httDs://www.sam.gav/portal/public/SAM/. This Contract will be terminated
and payment withheld if this certification is inaccurate. This provision will be
included in its entirety in Grantee's subcontracts if payment in whole or in part is
from federal funds.
F. Under Texas Government Code §669.003 (relating to contracting with the
executive head of a state agency), Grantee acknowledges that it is not the
executive head of DFPS, was not at any time during the past four years the
executive head of DFPS and does not employ a current or former executive head
of DFPS.
G. Grantee acknowledges that it is not currently delinquent in the payment of any
franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171.
H. Payments to Grantee and Grantee's receipt of appropriated or other funds under
this Contract are not prohibited by Texas Government Code §556.005,
§556.0055 or §556.008 (relating to use of appropriated money or state funds to
employ or pay lobbyists, lobbying expenses, or influence legislation).
I. If this Contract is for services, the Grantee will comply with Texas Government
Code §2155.4441 for the purchase of products and materials produced in the
State of Texas. However, this §2155.4441 is not applicable to Contracts or
Agreements with federal funding that further prohibits the use of geographic
preferences.
3. Grantee has not violated state or federal antitrust laws and has not
communicated its bid for this Contract directly or indirectly to any competitor or
any other person engaged in such line of business. Grantee hereby assigns to
DFPS any claims for overcharges associated with this Contract under 15 U.S.C.
§1, et seq., and Texas Business and Commerce Code §15.01, et seq.
K. If the Grantee is a "Company" under Texas Government Code §808.001, at the
time of executing this Contract, the Grantee is verifying that it is not boycotting
Israel and will not boycott Israel during the term of this Contract.
L. Under Texas Government Code §2155.0061, Grantee certifies that it is not
ineligible to receive this contract and acknowledges that this contract may be
terminated and payment withheld if it is found that during the five-year period
preceding the date of this Contract, that the Grantee has been convicted of any
offense related to the direct support or promotion of human trafficking.
M. Under Texas Government Code §2252.152, the Grantee warrants that it is not
engaged in business with Iran, Sudan, or a foreign terrorist organization.
N. The requirements of Texas Government Code Subchapter J may apply to this
Contract and the Grantee agrees that this Contract can be terminated if the
Grantee knowingly or intentionally fails to comply with a requirement of this
Subchapter.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT UNIFORM TERMS AND CONDITIONS PAGE 16
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ATTACHMENT D-2
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS
SECTION I
SUPPLEMENTAL CONDITIONS
The following Supplemental Conditions modify the DFPS Grant Uniform Terms and
Conditions.
A. Section I., B., PROMPT PAYMENT is deleted in its entirety.
B. Section I., C., TRAVEL EXPENSES is amended to add the following:
Travel must always be billed at the current approved General Service
Administration (GSA) rate in effect for the service date on the invoice.
Rates may be found at: https://www.gsa.gov/travel-resources.
Mileage rates may be found at: http://www.gsa.gov/mileage.
C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is
deleted in its entirety and replaced with the following:
1. Grantee will not use the DFPS name, seal or logo in any form or
manner.
2. Grantee will not use the DFPS name, seal or logo to imply any
endorsement, approval, or sponsorship of Grantee's goods or
services by DFPS.
SECTION II
SPECIAL CONDITIONS
In addition to the DFPS Uniform Terms and Conditions, the Grantee agrees to
comply with the following DFPS Grant Special Conditions.
A. REPORTING ABUSE, NEGLECT, OR EXPLOITATION.
Grantee will report any suspected case of abuse, neglect, or exploitation to the
appropriate authority as required by the Texas Family Code Chapter 261.
B. REMEDIES.
In addition to any other remedy provided under this Contract or state or federal
law, DFPS may impose the following.
DFPS reserves the right to implement the following remedies to ensure contract
compliance or to address contract violations. DFPS may require the Grantee to
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 1
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take specific corrective actions in order to maintain compliance with applicable
federal or state regulations and the terms and conditions of this Contract. The
Grantee's failure to comply with the specific corrective actions from DFPS may
be grounds for DFPS to suspend or terminate the Contract, in whole or in part.
1. Technical Assistance. DFPS may provide informal support, guidance,
clarification, and other forms of technical assistance via phone, email, and fax in
order to resolve contract or performance compliance issues. Grantee will
document all such instances of technical assistance by DFPS in writing, including
any implementation work.
2. Technical Resolution. DFPS and Grantee may enter into a joint technical
process. Both parties will hold face to face meetings or scan calls where both
parties will identify issues, barriers, potential solutions, and implementation
strategies to fix noncompliance and performance issues. DFPS will document
these sessions and provide Grantee with a final technical guidance document for
implementation.
3. Letter of Concern (LOC). A LOC is a tool to assist Grantees in meeting
contract requirements. A LOC serves as a formal notification of an observed
deviation from contract performance, Project Work Plan or other requirements.
If there are still observed deviations three months after issuance of a LOC, PEI
may then begin a Corrective Action Plan (CAP). A LOC may be issued in the
following circumstances:
a. Outputs are not met for two (2) consecutive months.
b. A core program (as determined by DFPS) component is not delivered for
one (1) quarter.
c. Identified reoccurring or ongoing issues that impact program performance
for two (2) months.
d. Required data is late, incomplete or missing in PIERS for two (2)
consecutive months.
e. Monthly billing is late, incomplete or missing for two (2) consecutive
months.
4. Corrective Action Plan (CAP). DFPS will provide the Grantee with a CAP
that identifies areas of noncompliance, poor performance, or other deficiencies.
Grantee must respond in writing within the timeframes required in the CAP,
address each identified defect, and provide an appropriately thorough response
to DFPS for review and approval. After DFPS approves a CAP, it will be
incorporated into the Contract by this reference. Upon receipt of DFPS approval,
the Grantee must implement and maintain compliance with the requirements of
the CAP. Failure to appropriately implement or maintain compliance with the
CAP will serve as grounds for the exercise of any additional remedies under this
Contract. A CAP may be issued in the following circumstances:
a. A core program (as determined by DFPS) component is not delivered for
two (2) quarters.
b. Outputs are not met for four (4) consecutive months.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
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c. Identified reoccurring or ongoing issues that impact program performance
for four (4) months.
d. Required data is late, incomplete or missing in PIERS for four (4)
consecutive months.
e. Monthly billing is late, incomplete or missing for four (4) consecutive
month.
5. Financial Remedies for Actual Damages. DFPS reserves the right to
implement fiscal remedies based on monitoring or audit findings of violations of
Contract requirements; including recovery for any and all actual damages DFPS
accrues as a result Grantee's noncompliance with this Contract.
6. Restriction of Staff. DFPS reserves the right to require Grantee to remove
any employee, volunteer, or agent of the Grantee or any subgrantee from the
provision of services under this Contract or to prohibit any employee, volunteer,
or agent of the Grantee or any subgrantee from having direct contract with
DFPS referred clients or client records.
C. INFORMATION SECURITY REQUIREMENTS.
Grantee must comply with:
http://www.dfps.state.tx.us/Doing Business/documents/Contractor Data and
System Security Requirements.pdf and agrees to periodically check for any
updates made to this document and comply with any updates made to these
requirements.
D. REMOVAL OF ACCESS. Grantee will immediately remove access capabilities
to any DFPS automated/internet-based application(s), or immediately notify
DFPS that access to such applications needs to be terminated for an employee,
subcontractor, subgrantee, or volunteer whose employment, subcontract,
subaward or volunteer term with Grantee has ended for any reason.
E. TESTIMONY IN PROCEEDINGS. Grantee will require its employees to testify
in judicial and administrative proceedings at the request, of DFPS. To the extent
possible, Grantee will also assist DFPS in locating past employees, agents,
volunteers, consultants, contractors or subgrantee when DFPS requires past
employees, agents, volunteers, consultants, contractors or subgrantees to
appear and testify in accordance with this subsection.
F. NOTIFICATIONS. Grantee will notify the DFPS immediately of any significant
change affecting Grantee or this Contract, including, but not limited to, change
of Grantee's name or identity, ownership, control, governing board membership,
key personnel, any problem or potential problem associated with performance or
services, or payee identification number. Grantee will also provide DFPS with
any documentation or information related to a notification provided for under
this section. Grantee will also notify DFPS of any lawsuit brought against
Grantee related to the services provided for in this Contract. Unless otherwise
noted in this Contract, Grantee will provide all notices in writing to the DFPS
within ten (10) working days.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 3
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G. TRANSITION AFTER TERMINATION. At the end of the contract term or other
contract termination or cancellation, Grantee will in good faith and in reasonable
cooperation with the DFPS, aid in the transition to any new arrangement or
provider of services. The respective accrued interests or obligations incurred to
date of termination must also be equitably settled. Upon termination or
expiration of this contract, DFPS will work with Grantee to transfer all services
as efficiently as possible with the goal to have all necessary services transferred
by the effective date of the expiration or termination of the Contract. However,
in the event that a transfer of all necessary services is not possible, Grantee will
continue to provide necessary services in accordance with all terms and
conditions of this Contract until all necessary client services are completely
transferred.
H. STATEMENT OF WORK VS. PROJECT WORK PLAN. The Statement of Work is
the formal document incorporated into the contract. The Project Work Plan
documents how the Grantee will achieve the performance measures outlined in
the Contract. Changes to the Statement of Work require an amendment and
Project Work Plans may be changed with written approval from PEI and the
Grantee.
1. Statement of Work Changes. Grantee cannot make any changes to the
Statement of Work without a formal contract amendment. An amendment is
required to change any terms outlined in the contract including but not
limited to:
a. Performance measures (outputs/outcomes)
b. Service areas outlined in the contract
c. Target populations
d. Addition or deletion of Primary Services outlined in the Statement of
Work
e. Addition or deletion of Ancillary services outlined in the Statement of
Work
f. Any extension of the contract end date
2. Project Work Plan (PWP) Changes.
a. Any post-award contract changes to the PWP must not alter the
Statement of Work for the contract without a contract amendment. The
procurement and contract documents serve as the primary guide in
establishing whether or not a change to the PWP is allowable.
b. PEI may allow or make limited modifications to the PWP to meet
unanticipated needs at any point during the life of the contract. Either the
Grantee or PEI may identify the need for such a change.
c. A Project Work Plan change requires prior written approval from PEI.
d. A change to the Project Work Plan may include:
i. Point of contacts
ii. Service Delivery locations or hours
iii. Service areas as long as the change is consistent with the
original Statement of the procurement and resulting
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
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contract, e.g. add or subtract zip codes within a county
(when applicable)
iv. Policies or procedures used to provide services including:
v. Intake process
vi. Determining client eligibility
vii. Plan or process for retaining clients in the program
viii. Case documentation
ix. Linking participants with other social service providers when
necessary
x. Case closure or termination of services to clients
xi. Referrals to subawardees
xii. Policies, procedures and strategies used to ensure services
are not denied or delayed when respondent's agency is at
maximum capacity
xiii. Staffing plan (provided change meets minimum contract
requirements)
xiv. Staff training plan
xv. Processes concerning contract administration
xvi. Processes concerning subaward administration
xvii. Cost per client
xviii. Subawardees (subcontractors)
I. QUALITY INCENTIVE PROJECT (QIP)
1. Deliverables.
a. PEI will define a set of deliverables within each strategy of PEI
programs to ensure the Grantee provides quality services.
b. PEI will inform the Grantee of the specific deliverable details and
metrics for measuring via Notice of Award at the beginning of each
State of Texas fiscal year and periodically throughout the contract
lifecycle if PEI modifies the deliverables.
c. PEI will track QIP deliverables are tracked through the Prevention Early
Intervention Reporting System (PEIRS) throughout each year of the
contract.
2. Quality Incentive Project Payments
a. PEI may award QIP payments to high performing grantees for
achieving deliverables if unspent appropriated funding is identified and
approved for disbursement.
b. Grantee will receive notice of these disbursements via a Notice of
Award.
c. Each fiscal year, Grantee may earn a maximum of 25% of their annual
budget.
J. NOTICE OF AWARD. PEI may use a Notice of Award to announce, modify or
clarify the annual grant budget, performance measures, Quality Initiative Project
(QIP) terms or other contract or grant requirements.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 5
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K. PROGRAM FORMS AND SOCIAL SECURITY NUMBERS. Grantee is required
to complete all fields of program forms in their entirety, including any social
security number fields. If a client refuses to provide their social security number,
Grantee must document refusal in the case file. The expectation is that Grantees
make a good faith effort to obtain social security numbers and other information
listed on the program form. Items with an asterisk on program forms are
required fields in the database; however, the expectation is that the form is
completed thoroughly. Primary caregivers must sign program forms giving
consent for services prior to the provision of services.
L. CONTRACTUAL OBLIGATIONS. A Grantee's acceptance of funds directly under
the contract or indirectly through a subaward acts as acceptance of the authority
of the state, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. In accordance with the
legislative audit committee, DFPS can request any documentation, at any time,
to be sent to DFPS to a location DFPS chooses. Examples of documentation that
may be requested includes, but is not limited to, client files in their entirety
(progress notes, action plans, registration forms, protective factor surveys, sign
in sheets, monthly tracking forms, referral information, etc.), invoices that
support monthly billings, a grantee's full general ledger, etc.
M. COST REIMBURSEMENT CONTRACT.
1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to
pay more than Grantee's allowable and actually incurred costs consistent
with 45 CFR 75, Subpart E. Grantee is responsible for submitting bills in an
accurate and timely manner for each service period and for notifying DFPS of
a need to expedite payment. DFPS will make reasonable efforts to process all
bills received in an accurate and timely manner, but does not warrant
immediate payment.
2. Regulation Compliance. Grantee will remain in compliance with 45 CFR
Part 75, Subpart E. The reimbursement made to Grantee will not exceed
Grantee's actual costs to provide the services under this Contract and
Grantee's actual costs, both direct and indirect, must be allowable,
reasonable, and allocable.
3. Physical Property. Grantee will assume responsibility for the protection of
all physical property and equipment purchased under this Contract. Grantee
must furnish DFPS with a written, factual report of the theft of, or damage
to, any equipment purchased under this contract, including circumstances
concerning the loss. In addition, in the event of any theft, vandalism, or
other offense against the properties, Grantee will notify appropriate local law
enforcement authorities.
4. Equipment. Equipment is any article of tangible nonexpendable personal
property having a useful life of more than one year and an acquisition cost
that equals or exceeds the lesser of: the capitalization level established by
the Grantee for financial statement purposes or $5,000. Grantee will follow
the provisions of 45 CFR 75.320 regarding disposition of any equipment
purchased under this Contract with funds allocated to Grantee or its sub-
awardee. Grantee will not give any security interest, lien, or otherwise
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
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encumber any item of equipment purchased with contract funds. Grantee will
permanently identify all equipment purchased under this contract by
appropriate tags or labels affixed to the equipment. Grantee will maintain a
current inventory of equipment that is available to DFPS at all times upon
request. Cost reimbursement Grantees must also follow the following
guidelines when contracting with DFPS.
a. Cost reimbursement grantee must add certain types of equipment items
that are classified as "controlled assets" as designated in the
Comptroller's State Property Accounting (SPA) Process User's Guide,
available on the Internet, to their inventory. Grantees should review the
SPA guide periodically for the most current list.
b. All cost reimbursement grantees must follow the American Hospital
Association's (AHA) "Estimated Useful Lives of Depreciable Hospital
Assets" for equipment disposition purposes, except when federal or
statutory requirements supersede.
c. Grantee must request DFPS approval before disposing of equipment or
controlled assets prior to the end of the useful life for that item.
d. Any change to the equipment category in a cost reimbursement budget
will require prior approval from DFPS.
N. BUSINESS CONTINTUITY AND DISASTER RECOVERY PLANS. Upon
request from DFPS, Grantee will provide copies of its most recent business
continuity and disaster recovery plans.
O. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E
AND TAN F. As applicable, Grantees must seek payment or adjustment to
payments in accordance with the time limit specified in 45 Code of Federal
Regulations (CFR) 95.1 that provides a two-year (eight fiscal year quarters) time
limit for a State to claim Federal financial participation in expenditures under
State plans approved under Title IV-E and Temporary Assistance for Needy
Families (TANF). Any invoice or amended invoice that is submitted to DFPS later
than seven quarters after the end of the quarter of the expense, will not be
processed unless DFPS determines that submission for payment of the bill to the
federal government can be executed within the time limits provided in the CFR.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 7
DocuStgn Envelope ID:5A203B19-25B5-4484-AAF8-4E52D370EE8D
ATTACHMENT E
REQUEST FOR PROPOSALS
TEXAS NURSE-FAMILY PARTNERSHIP PROGRAM
Nurse-Family Partnership Request for Proposals, RFP No. 529-16-0003, including all
Addenda issued thereto, is incorporated by reference as Attachment E to this
Agreement.
THE RFP AND ADDENDA CAN BE VIEWED AT THIS LINK:
http://www.txsmartbuv.com/sp/529-16-0003
Docu .
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Certificate Of Completion
Envelope Id:5A203B1925B54484AAF84E52D370EE8D Status:Sent
Subject:Amending$3,913,754.00;529-16000300005;City of Port Arthur A-5;PEI
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