HomeMy WebLinkAboutPR 22474: EXTENSION TO THE PUBLIC HEALTH PREPAREDNESS GRANT City of
U 1-r r t htctla
Texas
Date: March 28, 2022
To: Ron Burton, City Manager
From: Judith A. Smith,RN, BSN, Director of Health Services
RE: Approval for Extension to the Public Health Preparedness Grant adding grant
funds for FY 2023. This Grant requires a 10%match of$10,351.00
Nature of the Request: The Department of State Health Services provides funding to local
health departments so each facility can perform activities that plans and prepares for natural and
man-made disasters. The City of Port Arthur Health Department has received this funding since
2011. The Department provides services which includes community preparedness, community
recovery, emergency public information, information sharing, fatality management, etc.
Staff Analysis, Considerations: This grant covers the salary and fringe for one (1)
epidemiologist who provides surveillance and case reporting.
Recommendations: It is recommended that the City Council approve P.R.No. 22474, approving
the contract amendment between the City of Port Arthur and the Department of State Health
Services for the FY 2023 grant.
Budget Considerations: The amendment adds $103,507.00 for FY 2023 with a 10% match of
$10,351.00. The total amount for the Contract for the six years is not to exceed $674,978.00
"REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"P.O.BOX 1089•PORT ARTHUR, 7X 7764I-1089-
409/983-8101.FAX 409/982-6743
P. R. No. 22474
03/28/2022-js
RESOLUTION NO.
A RESOLUTION APPROVING THE FY 2023 CONTRACT
AMENDMENT BETWEEN THE CITY OF PORT ARTHUR
AND THE DEPARTMENT OF STATE HEALTH SERVICES
FOR THE PUBLIC HEALTH EMERGENCY
PREPAREDNESS PROGRAM BY ADDING $103,507.00 IN
FEDERAL FUNDING WITH A 10% CITY MATCH OF
$10,351.00 AND EXTENDING THE CONTRACT TO END
JUNE 30,2023
WHEREAS, the contract between the City of Port Arthur and the Department of
State Health Services provides financial assistance to the Port Arthur City Health
Department to supplement the delivery of public health services including responding to
bioterrorism, outbreaks of infectious disease, and other public health threats and
emergencies in accordance with an established set of public health preparedness
capabilities; and,
WHEREAS, pursuant to Resolution No. 17-067, Council approved the FY 2017-
2018 contract, and pursuant to Resolution No. 18-137, Council approved FY 2018-2019
contract, and pursuant to Resolution No. 19-177, Council approved FY 2019-2020
contract, and pursuant to Resolution No. 20-081, the Council approved FY 2020-2021,
and pursuant to Resolution No.21-142,the Council approved the FY 2021-2022,now the
Department of State Health Services desires to amend the contract to add $103,507.00 to
cover contract period July 1, 2022 through June 30, 2023, and with a 10% city match of
$10,351.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That,the facts and opinions are true and correct.
P. R. No. 22474
03/28/2022-js
Section 2. That, the City Council of the City of Port Arthur hereby approves
the contract amendment between the City of Port Arthur and the Department of State
Health Services for the Public Health Preparedness Program.
Section 3. That, the City Council deems it is in the best interest of the City to
approve and authorize the City Manager and the Director of the City's Health
Department to execute the contract amendment between the Department of State Health
Services and the City of Port Arthur,TX in substantially the same form as attached hereto
as Exhibit"A".
Section 4. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED,AND APPROVED, this day of April, 2022 A.D.,
at a Regular Meeting of the City Council of the City of Port Arthur. Texas by the
following Vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor, Thurman Bartie
ATTEST:
Sherri Bellard, City Secretary
P. R.No. 22474
03/28/2022-js
APPROVED AS TO g-ILL2Ltee
Val Tizeno ity Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Udik
hiaL
Judir A. Smith, RN, BSN
Director of Health Services
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel Interim Finance Director
EXHIBIT "A"
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
DEPARTMENT OF STATE HEALTH SERVICES
CONTRACT No. 537-18-0120-00001
AMENDMENT No. 6
RENEWAL
The DEPARTMENT OF STATE HEALTH SERVICES ("System
ARTHUR("Grantee"), each a"Party" and collectively the "Parties" to that certain Public
Emergency Preparedness ("PHEP") contract effective July 1, 2017, and denominated as System -
Agency Contract No. 537-18-0120-00001 (the "Contract"), as amended, now desire to further
amend the Contract.
WHEREAS, the Parties desire to amend the Contract;
WHEREAS, the Parties desire to extend the term of the Contract in accordance with ARTICLE III,
DURATION,of the Contract Signature Document;
WHEREAS,the Parties desire to add funds to the Contract for the period from July 1,2022,through
June 30, 2023 ("Fiscal Year 2023" or"FY2023");
WHEREAS, the Parties desire to modify the Notice to Proceed provision of the Contract;
WHEREAS, the Parties desire to revise the Statement of Work and the Uniform Terms and
Conditions to the Contract;
WHEREAS, the Parties desire to incorporate ATTACHMENT F.6, FFATA CERTIFICATION FORM,
into the Contract;
WHEREAS, the Parties desire to incorporate ATTACHMENT G, FY23 INDIVIDUAL WORK PLAN,
into the Contract; and
WHEREAS, the Parties desire to revise ARTICLE VI,LEGAL NOTICES, of the Contract Signature
Document.
Now THEREFORE,the Parties hereby modify the Contract as follows:
1. ARTICLE III,DURATION, of the Contract Signature Document is amended to reflect a revised
termination date of June 30, 2023.
2. ARTICLE IV, BUDGET, of the Contract Signature Document is amended to add$103,507.00 in
to the Contract with the Grantee providing a total of$10,351.00 in match funds
for FY2023. The total not-to-exceed amount of the Contract is therefore increased to
$674,978.00, of which $613,616.00 represents federal funding and $61,362.00 represents
match. All expenditures under the Contract will be in accordance with the revised budget set
forth herein. Funds provided in support of one Contract activity may only be used for that
activity and may not be comingled with other funds provided under this Contract.
System Agency Contract No.537-18-0120-00001
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
3. ARTICLE VI, LEGAL NOTICES, of the Contract Signature Document is amended to replace
System Agency information with the following:
SYSTEM AGENCY
Health and Human Services Commission
Attn: Office of Chief Counsel
4601 W. Guadalupe Street, Mail Code 1100
Austin, Texas 78751
with a copy to:
Department of State Health Services
Attention: General Counsel
1100 W. 49th Street, Mail Code 1919
Austin, TX 78756
4. ARTICLE VIII,NOTICE TO PROCEED, of the Contract Signature Document is hereby deleted
in its entirety and replaced with the following:
VIII.NOTICE TO PROCEED
Funding for this Contract is dependent on the award of the applicable federal grant. No
FY2023 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. Notwithstanding the preceding, at the discretion of the System Agency,
Grantee may be eligible to receive reimbursement for eligible expenses incurred during the
period of performance as defined by 2 CFR §200.309.
System Agency Contract No.537-18-0120-00001
DocuSign Envelope ID: 15E443B0-EDD2-4906-6870-A39659C96510
5. ATTACHMENT B,BUDGET, is hereby amended by deleting the budget table in its entirety and
replacing it with the following:
FY18 Budget FY19 Budget FY20 Budget FY21 Budget FY22 Budget FY23 Budget Total
Budget Summary Summary Summary Summary Summary Summary Budget
Categories (7/1/17- (7/1/18- (7/1/19- (7/1/20- (7/1/21- (7/1/22-
6/30/18) 6/30/19) 6/30/20) 6/30/21) 6/30/22) 6/30/23) Summary
Personnel $66,984.00 $69,384.00 $70,800.00 $74,376.00 $70,081.00 $70,400.00 $422,025.00
Fringe $32,085.00 $30,912.00 $29,496.00 $29,131.00 $30,836.00 $31,997.00 $184,457.00
Benefits
Travel $0.00 $0.00 $0.00 $0.00 $370.00 $0.00 $370.00
Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Supplies $1,227.00 $0.00 $1,300.00 $0.00 $600.00 $90.00 $3,217.00
Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $907.00 $0.00 $1,620.00 $1,020.00 $3,547.00
Sum of
DSHS $100,296.00 $100,296.00 $102,503.00 $103,507.00 $103,507.00 $103,507.00 $613,616.00
Direct Costs
Indirect $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Costs
Sum of
DSHS
Direct Costs $100,296.00 S100,296.00 $102,503.00 $103,507.00 $103,507.00 $103,507.00 $613,616.00
and Indirect
Costs
Plus,
Required $10,030.00 $10,029.00 $10,250.00 $10,351.00 $10,351.00 $10,351.00 $61,362.00
Match(Cash
or In-Kind)
Total
Contract $110,326.00 $110,325.00 $112,753.00 $113,858.00 $113,858.00 $113,858.00 $674,978.00
Amount
The Parties agree that Grantee shall provide total matching funds in the amount of$61,362.00.
As identified in this Contract and used herein,the term"Fiscal Year"or"FY"means the period
from July 1 to June 306' of the following year, and does not identify a State or Federal Fiscal
Year period,e.g."Fiscal Year 2023"or"FY2023"means the period from July 1,2022,through
June 30, 2023.
6. ATTACHMENT A.7, FY2023 STATEMENT OF WORK, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
7. ATTACHMENT C, HHSC UNIFORM TERMS AND CONDITIONS, is deleted and replaced in its
entirety with ATTACHMENT C,HHS UNIFORM TERMS AND CONDITIONS-GRANT,VERSION
3.0.
8. ATTACHMENT F.6, FFATA CERTIFICATION FORM, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
System Agency Contract No.537-18-0120-00001
DocuSign Envelope ID:15E443B0-EDD2-4906-6870-A39659C96510
9. ATTACHMENT G, FY23 INDIVIDUAL WORK PLAN, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
10. This Amendment shall be effective on July 1, 2022.
11. Except as amended by this Amendment,all terms and conditions of the Contract, as previously
amended, shall remain in effect.
12. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
System Agency Contract No.537-18-0120-00001
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
SIGNATURE PAGE FOR AMENDMENT NO. 6
SYSTEM AGENCY CONTRACT No.537-18-0120-00001
DEPARTMENT OF STATE HEALTH SERVICES CITY OF PORT ARTHUR
By: By:
Name: Name:
Title: Title:
Date of Signature: Date of Signature:
THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THIS
CONTRACT:
ATTACHMENT A.7- FY2023 STATEMENT OF WORK
ATTACHMENT C - HHS UNIFORM TERMS AND CONDITIONS—GRANT,VERSION 3.0
ATTACHMENT F.6- FFATA CERTIFICATION FORM
ATTACHMENT G - FY23 INDIVIDUAL WORK PLAN
System Agency Contract No.537-18-0120-00001
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
For the period from July 1, 2022, through June 30, 2023 only:
I. GRANTEE RESPONSIBILITIES
Grantee will:
A. Perform activities in support of the Public Health Emergency Preparedness ("PHEP")
Cooperative Agreement from the Centers for Disease Control and Prevention ("CDC") to
advance public health preparedness.
B. Perform the activities required under this Contract in the following county/ies: Jefferson.
C. Provide System Agency with situational awareness data generated through interoperable
networks of electronic data systems.
D. Address the following public health emergency preparedness capabilities:
1. Capability 1 — Community preparedness is the ability of communities to prepare for,
withstand, and recover from public health incidents in both the short- and long-term.
2. Capability 2—Community recovery is the ability of communities to identify critical assets,
facilities, and other services within public health, emergency management, health care,
human services,mental/behavioral health, and environmental health sectors that can guide
and prioritize recovery operations.
3. Capability 3 — Emergency operations coordination is the ability to coordinate with
emergency management and to direct and support an incident or event with public health
or health care implications by establishing a standardized, scalable system of oversight,
organization, and supervision that is consistent with jurisdictional standards and practices
and the National Incident Management System("NIMS").
4. Capability 4 — Emergency public information and warning is the ability to develop,
coordinate, and disseminate information, alerts, warnings, and notifications to the public
and incident management personnel.
5. Capability 5 —Fatality management is the ability to coordinate
and agencies to provide fatality management services to ensure the proper recovery and
preservation of remains; identification of the deceased; determination of cause and manner
of death;release of remains to an authorized individual;and provision of mental/behavioral
____;t .1_d. :'.:: .:'.c also may include supporting activities for the
identification, collection, documentation, retrieval, and transportation of human remains,
personal effects, and evidence to the examination location or incident morgue.
6. Capability 6 — Information sharing is the ability to conduct multijurisdictional and
multidisciplinary exchange of health-related information and situational awareness data
System Agency Contract No. 537-18-0120-00001
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DocuSign Envelope ID:15E443B0-EDD2-4906-B870-A39659C96510
ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
among federal, state, local, tribal, and territorial levels of government and the private
sector. This capability includes the routine sharing of information as well as issuing of
public health alerts to all levels of government and the private sector in preparation for and
in response to events or incidents of public health significance.
7. Capability 7 — Mass care is the ability of public health agencies to coordinate with and
support partner agencies to address, within a congregate location (excluding shelter-in-
care, mental/behavioral health, and human
services needs of those impacted by an incident. This capability includes coordinating
ongoing surveillance and public health assessments to ensure that health needs continue to
be met as the incident evolves.
8. Capability 8 — Medical countermeasure dispc►aJY:; a:w
provide medical countermeasures to targeted population(s)to prevent,mitigate,or treat the
adverse health effects of a public health incident, according to public health guidelines.
This capability focuses on dispensing and administering medical countermeasures, such as
::.:.zize3, antiviral drugs, antibiotics, and antitoxins.
9. Capability 9 — Medical materiel management and distribution is the ability to acquire,
manage,transport, and track medical materiel during a public health incident or event and
the ability to recover and account for unused medical materiel, such as pharmaceuticals,
vaccines, gloves, masks, ventilators, or medical equipment after aYY iuVYd;Y.•
10. Capability 10 — Medical surge is the ability to provide adequate medical evaluation and
care during events that exceed the limits of the normal medical infrastructure of an affected
community. It encompasses the ability of the health care system to endure a hazard impact,
maintain or rapidly recover operations that were compromised, and support the delivery of
medical care and associated public health services, including disease surveillance,
epidemiological inquiry, laboratory diagnostic services, and environmental health
assessments.
11. Capability 11 —Nonpharmaceutical interventions are actions that people and communities
can take to help slow the spread of illness or reduce the adverse impact of public health
emergencies. This capability focuses on communities, community partners, and
stakeholders recommending and implementing nonpharmaceutical interventions in
response to the needs of an incident,event,or threat.Nonpharmaceutical interventions may
include isolation; quarantine; restrictions on movement and travel advisories or warnings;
social distancing; external decontamination; hygiene; and precautionary protective
behaviors.
12. Capability 12 — Public health laboratory testing is the ability to implement and pc c�u
methods to detect, characterize, and confirm public health threats. It also includes the
ability to report timely data,provide investigative support, and use partnerships to address
actual or potential exposure to threat agents in multiple matrices, including clinical
specimens and food, water, and other environmental samples. This capability supports
passive and active surveillance when preparing for, responding to, and recovering from
biological, chemical, and radiological (if a Radiological Laboratory Response Network is
System Agency Contract No. 537-18-0120-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
•
July 1,2022 through June 30,2023
established)public health threats and emergencies.
13. Capability 13 —Public health surveillance and epidemiological investigation is the ability
to create, maintain, support,and strengthen routine surveillance and detection systems and
epidemiological investigation processes.It also includes the ability to expand these systems
and processes in response to incidents of public health significance.
14. Capability 14—Responder safety and health is the ability to protect public health and other
emergency responders during pre-deployment, dcplo;,-.Lc:I:,
15. Capability 15 — Volunteer management is the ability to coordinate with emergency
management and partner agencies to identify, recruit, register, verify, train, and engage
volunteers to support the jurisdictional public health agency's preparedness,response, and
recovery activities during pre-deployment, deployment, and post-deployment.
E. Match funds awarded under this Contract with costs or third-party contributions that are not
paid by the federal government under another award, except where authorized by federal
statute to be used for cost-sharing or matching. The non-fed=t
provided directly or through donations from public or private entities and may be in cash or
in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that the
Grantee incurs in fulfilling the matching or cost-sharing requirement are subject to the same
requirements, including the cost principles, that are applicable to the use of federal funds,
including prior approval requirements and other rules for allowable costs as described in 45
CFR 74.23 and 45 CFR 92.24, as amended.
Grantee will provide matching funds in the amount of ten percent (10.%) of
amount as set forth in ATTACHMENT B,BUDGET. Cash match is defined as an expenditure of
cash by the Grantee on allowable costs of this Contract that are borne by the Grantee. In-kind
match is defined as the dollar value of non-cash contributions by a third party given in goods,
commodities,or services that are used in activities that benefit this Contract's project and that
are contributed by non-federal third parties without charge to the Grantee. The criteria for
match must:
1. Be an allowable cost under the applicable federal cost principle;
2. Be necessary and reasonable for the efficient accomplishment of project or program
objectives;
3. Be verifiable within the Grantee's (or subgrantee's)records;
4. Be documented, including methods and sources, in the approved budget (applies only
to cost reimbursement contracts);
5. Not be included as contributions toward any other federally-assisted project or program
(match can count only once);
6. Not be paid by the federal government under another award, except where authorized
by federal statute to be used for cost-sharing or match;
7. Conform to other provisions of governing circulars/statutes/regulations as applicable
System Agency Contract No. 537-18-0120-00001
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DocuSign Envelope ID:15E443B0-EDD2-4906-B870-A39659C96510
ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
for the Contract;
8. Be adequately documented;
9. Follow procedures for generally accepted accounting practices as well as meet audit
requirements; and
10. Value the in-kind contributions reported and be supported by documentation reflecting
the use of goods and/or services during the Contract term.
F. In the event of a local, state, or federal emergency, the Grantee has the authority to utilize
approximately five percent (5%) of the Grantee's staff's time supporting this Contract for
response efforts. System Agency will reimburse Grantee up to five percent of this Contract
funded by the CDC for personnel costs responding to an emergency event. Grantee will
the time spent on response efforts for auditing purposes.
Allowable activities also include participation in drills and exercises in the pre-event time
period. Grantee will notify the System Agency Contract Manager in writing when this
provision is implemented.
G. In the event of a public health emergency ir1 :.: : b:.Y _:_ r`': :t `-
staff or equipment purchased with funds from previous PIMP cooperative agreements,and not
currently performing critical duties in the jurisdiction served, to the affected area of the state
upon receipt of a written request from System Agency.
L vV�u••••i4V ua.u� %;�..i and iespouse plans within the jurisdiction with the state, regional, and
other local jurisdictions, among local agencies, and with hospitals and major health care
entities,jurisdictional Metropolitan Medical Response Systems, and Councils of Government.
I. Inform System Agency in writing if Grantee will not cont inn- w
within thirty (30) days of receipt of an amended standard(s) or guideline(s). System Agency
may terminate this Contract immediately or within a reasonable period of time as determined
by System Agency.
J. Develop,implement,and maintain a timekeeping system for accurately documenting staff time
and salary expenditures for all staff funded through this Contract, including partial full-time
employees and temporary staff.
K. Complete and submit programmatic reports as directed by System Agency in a :La:
by System Agency and as needed to satisfy information-sharing requirements set forth in Texas
Government Code,Sections 421.071 and 421.072(b)and(c),as amended.Grantee will provide
System Agency other reports, including financial reports, that System Agency determines
necessary to accomplish the objectives of this Contract and to monitor compliance.
L. Submit the Vulnerable Populations Plan that encompasses the Contract term to the System
System Agency Contract No. 537-18-0120-00001
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DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
Agency to the Department of State Health Services ("DSHS") Center for Health Emergency
Preparedness and Response ("CHEPR") within an established timeframe and submission
method designated by the Contractual Requirements Schedule. The Work Plan, referred to in
this Contract as ATTACHMENT G, WORK PLAN, was submitted to DSHS with the Budget
Packet. Any revisions to the Work Plan require written approval by DSHS.
M. Submit a current Integrated Preparedness Plan ("IPP"; formerly the Multi-Year Training and
Exercise Plan ["MYTEP"]), which must include at least four years of progressive exercise
planning, to the System Agency within an established timeframe and submission method
designated by the Contractual Requirements Schedule,using the template provide by Sysl%-:
Agency.
N. Submit at least one After Action Review/Improvement Plan ("AAR/IP"). All AAR/IPs must
be submitted to the System Agency within 60 calendar days, or 90 calendar days for Real
World Incident ("RWI"), of the completion of the exercise/response within an established
timeframe and submission method designated by the Contractual Requirements Schedule.
AAR/IPs must be completed in accordance with Notification and Reporting of Exercise Grant.
:1-e Expanded Operational Readiness Review ("ORR") to CDC and
upload supporting documentation to the System Agency via the DSHS CHEPR External
SharePoint site by April 1, 2023. Documentation is required within an established timeframe
designated by the Contractual Requirements Schedule.
P. Submit the End-of-Year Performance Report to the Systems ^g: _•__ �'_'_=__
timeframe and submission method designated by the Contractual Requirements Schedule.
Q. Designate a member of the PHEP program to attend two regional healthcare coalition meetings
during the Contract term, if meetings resume during the Contract term. Submit evidence of
attendance, within an established timeframe designated by the Contractual Requirements
Schedule.
R. Immediately notify System Agency in writing if Grantee is legally prohibited from providing
any report under this Contract.
S. Have plans, processes, and training in place to meet NIMS compliance requirements.
T. When using volunteers during the Contract term, the Grantee must designate a Texas Disaster
Volunteer Registry ("TDVR") State Emergency System for the Advanced Registration of
Volunteer Health Professionals ("ESAR-VHP") System Administrator,participate in required
administrator trainings, and utilize the system to identify volunteers.
System Agency Contract No. 537-18-0120-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
U. Grantee may not use funds for research, clinical care, fund-raising activities or lobbying,
construction or major renovations,reimbursement of pre-award costs,to supplant existing state
or federal funds for activities,payment or reimbursement of backfilling costs for staff,purchase
of vehicles of any kind,uniforms or furniture,or funding an award to another party or provider
who is ineligible.
V. None of the funds made available under this agreement may be used to promote or advocate
the legalization or practice of prostitution or sex trafficking.Nothing in the preceding sentence
shall be construed to preclude the provision to individuals of palliative care,treatment,or post-
exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities,
including test kits,condoms, and, when proven effective, microbicides.
W. Cooperate with System Agency to coordinate all planning, training and exercises performed
under this Contract with the Texas Division of Emergency Management ("TDEM"), or other
points of contact at the discretion of the Division for Regional and Local Health Operations,
to ensure consistency and coordination of requirements at the local level and eliminate
duplication of effort between the various domestic preparedness funding sources in the state.
X. Coordinate all risk communication activities with the System Agency Communications Unit by
using System Agency's core messages posted on the System Agency website and submitting
copies of draft risk communication materials to System Agency for coordination prior to
dissemination.
�'. :z t:t: the purchase of all equipment approved in writing by the System Agency in the first
quarter of the Contract term, as applicable. Failure to timely initiate the purchase of equipment
may result in the loss of availability of funds for the purchase of equipment. Requests to
purchase previously approved equipment after the first quarter in the Contract must be
submitted to the assigned System Agency Contract Manager.
Z. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property.
Grantee shall submit an annual cumulative report of the equipment and other property on HHS
!'.!•::�_�o__...J r_--�'-•�'�Pr:Tel ty Inventory Report to the assigned System Agency Contract
Manager by email not later than October 15 of each year. Controlled Assets include firearms,
regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or
more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and
similar devices), non-portable printers and copiers, emergency management equipment,
communication devices and systems,medical and laboratory equipment,and media equipment.
Controlled Assets are considered Supplies.
AA. ^r;,i i i of budget transfers by submission of a revised Categorical Budget
Form to the System Agency Contract Manager, highlighting the areas affected by the budget
System Agency Contract No. 537-18-0120-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
transfer.
Transferring funds between budget categories, other than the equipment and indirect cost
categories, is allowable, but cannot exceed 25% of the total Contract value during a Contract
budget period. If the budget transfer(s) exceeds 25% of the total Contract value, alone or
cumulatively, a formal Contract amendment is required.
After review, the System Agency Contract Manager shall provide notification of acceptance
to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the
Contract.
BB. Not use System Agency funds to purchase buildings or real property without prior written
approval from the System Agency. Any costs related to the initial acquisition of the buildings
or real property are not allowable without written pre-approval.
CC. At the expiration or termination of this Contract for any reason, title to any remaining
equipment and supplies purchased with funds under this Contract reverts to System Agency.
Title may be transferred to any other party designated by System Agency. The System Agency
tray ?.t its option and to the extent allowed by law, transfer the reversionary interest to such
property to Grantee.
DD. Comply with all applicable federal and state laws, rules, and regulations, as amended,
including, but not limited to, the following:
1. Public Law 109-417, Pandemic and All-Hazards Preparedness and Advancing
Innovation Act("PAHPAI");
2. Texas Health and Safety Code Chapter 81; and
3. Section 319C-1 of the Public Health Service (PHS) Act (47 USC § 247d-3a), as
amended.
EE. Comply with all applicable regulations, standards and guidelines in effect on the beginning
date of the term of this Contract.
FF. Submit other reports as required by System Agency. The initial reporting schedule for the
requirements is subject to change as System Agency and CDC may modify requirements and
due dates.
GG. Work with the Regional Health Care Coalition to develop comprehensive preparedness
strategies. Plans will be submitted to System Agency by the Health Care Coalition.
II. PERFORMANCE MEASURES
A. The System Agency will monitor the Grantee's performance of the requirements in this
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
Attachment and compliance with the Contract's terms and conditions.
B. Grantee will meet and report Performance Measures based on requirements that are developed
in coordination with System Agency for the Grantee's project as provided in Section I. Grantee
must also demonstrate adherence to PHEP reporting deadlines and the capability to receive,
stage,store,distribute,and dispense materiel during a public health emergency.Failure to meet
these requirements may result in withholding a portion of the current fiscal yea NM;' base
award.
C. System Agency will send a Contractual Requirements Schedule for reporting these
Performance Measures within thirty(30)days of this Amendment No. 6 effective date.
III. INVOICE AND PAYMENT
A. Grantee will request payment using the State of Texas Purchase Voucher(Form B-13)monthly
and acceptable supporting documentation for reimbursement of the required
services/deliverables. The Grantee will submit the Financial Status Report (FSR-269A).
Additionally,the Grantee will submit the Match Certification Form(B-13A), at the end of the
fourth quarter. Vouchers, supporting documentation, Financial Status Reports, and Match
Certification Forms should be mailed or emailed to the addresses below.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
FAX: (512)458-7442
EMAIL: invoices@dshs.texas.gov& CMSInvoices@dshs.texas.gov
B-13s and supporting documentation should be sent to: invoicesna dshs.texas.gov &
CMSInvoices@a,dshs.texas.gov & cc System Agency Contract Manager.
FSRs should be sent to: FSRGrants@a,dshs.texas.gov& CMSInvoices@a,dshs.texas.gov & cc
System Agency Contract Manager.
B. Grantee will be reimbursed on a monthly basis and in accordance with ATTACHMENT B,
BUDGET of the Contract.
C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the
event of financial shortfalls. System Agency will monitor Grantee's expenditures on a
quarterly basis. If expenditures are below that projected in Grantee's total Contract amount,
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1,2022 through June 30,2023
Grantee's budget may be subject to a decrease for the remainder of the Contract term. Vacant
positions existing after ninety(90) days may result in a decrease in funds.
D. Grantee may request a one-time working capital advance not to exceed twelve percent (12%)
of the total amount of the Contract funded by System Agency.All advances must be expended
by the end of the Contract term. Advances not expended by the end of the Contract term must
be refunded to System Agency. Grantee will repay all or part of advance funds at any time
during the Contract's term. Howcvcr, if it; :..:._'��� L= _�r__' ; :=
months of the Contract term, the Grantee must deduct at least one-third of the remaining
advance from each of the last three months' reimbursement requests. If the advance is not
repaid prior to the last three months of the Contract term, System Agency will reduce the
reimbursement request by one-third of the remaining balance of the advance.
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I k4; 0744 TExAs
:. 4 � : Health and Human Services
-•........
Health and Human Services (HHS)
Uniform Terms and Conditions - Grant
Version 3.0
Published and Effective — August 2021
Responsible Office: Chief Counsel
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
ABOUT THIS DOCUMENT
In this document, Grantees(also referred to in this document as subrecipients or contractors)will find
requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health
and Human Services Commission(HHSC)and the Department of State Health Services(DSHS). These
requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any
funding award by HHSC or DSHS.
The terms and conditions in this document are in addition to all requirements listed in the RFA, if any,under
which applications for this grant award are accepted, as well as all applicable federal and state laws and
hate laws and regulations may include,but are not limited to: 2 CFR Part 200,
,`. '--`.-=:;t.ative Requirements,Cost Principles, and Audit Requirements for Federal Awards;
requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas
Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title
34, Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant
Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding
Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS, in
its sole discretion,reserves the right to add requirements,terms,or conditions.
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TABLE OF CONTENTS
ARTICLE I.DEFINITIONS AM) INTERPRETIVE PROVISIONS 6
1.1 DEFINITIONS 6
1.2 INTERPRETIVE PROVISIONS 7
ARTICLE II. PAYMENT PROVISIONS 8
2.1 PROMPT PAYMENT 8
2.2 TAXES 8
2.3 ANCILLARY AND TRAVEL EXPENSES 9
2.4 BILLING 9
2.5 USE OF FUNDS 9
2.6 USE FOR MATCH PROHIBITED 9
2.7 PROGRAM INCOME 9
2.8 NONSUPPLANTING 9
2.9 INDIRECT COST RATES 10
ARTICLE III. STATE AND FEDERAL FUNDING 10
3.1 EXCESS OBLIGATIONS PROHIBITED 10
3.2 No DEBT AGAINST THE STATE 10
3.3 DEBTS AND DELINQUENCIES 10
3.4 REFUNDS AND OVERPAYMENTS 10
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 11
4.1 ALLOWABLE COSTS 11
4.2 AUDITS AND FINANCIAL STATEMENTS 11
4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS 12
ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND
CERTIFICATIONS 12
5.1 WARRANTY 12
5.2 GENERAL AFFIRMATIONS 13
5.3 FEDERAL ASSURANCES 13
5.4 FEDERAL CERTIFICATIONS 13
5.5 STATE ASSURANCES 13
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ARTICLE VI. INTELLECTUAL PROPERTY 13
6.1 OWNERSHIP OF WORK PRODUCT 13
6.2 GRANTEE'S PRE-EXISTING WORKS 14
6.3 THIRD PARTY IP 14
6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS 14
6.5 DELIVERY UPON TERMINATION OR EXPIRATION 14
6.6 SURVIVAL 15
6.7 SYSTEM AGENCY DATA 15
ARTICLE VII. PROPERTY 15
7.1 USE OF STATE PROPERTY 15
7.2 DAMAGE TO STATE PROPERTY 16
7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CNTD"r'T 16
7.4 EQUIPMENT AND PROPERTY 16
ARTICLE VIII. RECORD RETENTION, AUDIT,AND CONFIDENTIALITY 17
8.1 RECORD MAINTENANCE AND RETENTION 17
8.2 AGENCY'S RIGHT TO AUDIT 17
8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS 18
8.4 STATE AUDITOR'S RIGHT TO AUDIT 18
8.5 CONFIDENTIALITY 18
ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED
ACTIVITIES 18
9.1 REMEDIES 18
9.2 TERMINATION FOR CONVENIENCE 19
9.3 TERMINATION FOR CAUSE 19
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS 20
9.5 INHERENTLY RELIGIOUS ACTIVITIES 20
9.6 POLITICAL ACTIVITIES 20
ARTICLE X. INDEMNITY 21
10.1 GENERAL INDEMNITY 21
10.2 INTELLECTUAL PROPERTY 21
10.3 ADDITIONAL INDEMNITY PROVISIONS 21
ARTICLE XI. GENERAL PROVISIONS 22
11.1 AMENDMENTS 22
11.2 No QUANTITY GUARANTEES 22
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11.3 CHILD ABUSE REPORTING REQUIREMENTS 22
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE
POLICY MINIMUM STANDARDS 22
11.5 INSURANCE AND BONDS 23
11.6 LIMITATION ON AUTHORITY 23
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS 24
11.8 SUBCONTRACTORS 24
11.9 PERMITTING AND LICENSURE 24
11.10 INDEPENDENT CONTRACTOR 24
11.11 GOVERNING LAW AND VENUE 25
11.12 SEVERABILITY 25
11.13 SURVIVABILITY 25
11.14 FORCE MAJEURE 25
11.15 No IMPLIED WAIVER OF PROVISIONS 25
11.16 FUNDING DISCLAIMERS AND LABELING 25
11.17 MEDIA RELEASES 26
11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS 26
11.19 SOVEREIGN IMMUNITY 26
11.20 ENTIRE CONTRACT AND MODIFICATION 27
11.21 COUNTERPARTS 27
11.22 PROPER AUTHORITY 27
11.23 E-VERIFY PROGRAM 27
11.24 CIVIL RIGHTS 27
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS 28
11.26 DISCLOSURE OF LITIGATION 28
11.27 No THIRD PARTY BENEFICIARIES 29
11.28 BINDING EFFECT 29
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ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS
1.1 DEFINITIONS
As used in this Grant Agreement,unless a different definition is specified, or the context
clearly indicates otherwise,the following terms and conditions have the meanings assigned
below:
"Amendment"means a written agreement, signed by the Parties,which documents
changes to the Grant Agreement.
"Contract"or"Grant Agreement"means the agreement entered into by the Parties,
including the Signature Document,these Uniform Terms and Conditions,along with any
attachments and amendments that may be issued by the System Agency.
"Deliverables"means the goods, services, and work product, including all reports and
project documentation,required to be provided by Grantee to the System Agency.
"DSHS"means the Department of State Health Services.
"Effective Date"means the date on which the Grant Agreement takes effect.
"Federal Fiscal Year"means the period beginning October 1 and ending September 30
each year,which is the annual accounting period for the United States government.
"GAAP"means Generally Accepted Accounting Principles.
"GASB"means the Governmental Accounting Standards Board.
"Grantee"means the Party receiving funds under this Grant Agreement. May also be
referred to as "subrecipient"or"contractor" in this document.
"HHSC"means the Texas Health and Human Services Commission.
"Health and Human Services"or"HHS"includes HHSC and DSHS.
"Intellectual Property Rights"means the worldwide proprietary rights or interests,
including patent, copyright, trade secret, and trademark rights, as such right may be
evidenced by or embodied in:
i. any idea, design, concept,personality right,method, process, technique,
apparatus, invention, discovery, or improvement;
ii. any work of authorship, including any compilation, computer code, website or
web page design, literary work,pictorial work, or graphic work;
iii. any trademark, service mark, trade dress,trade name,branding, or other indicia
of source or origin;
iv. domain name registrations; and
v. any other proprietary or similar rights. The Intellectual Property Rights of a Party
include all worldwide proprietary rights or interests that the Party may have
acquired by assignment,by exclusive license,or by license with the right to grant
sublicenses.
"Parties"means the System Agency and Grantee, collectively.
"Party"means either the System Agency or Grantee, individually.
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"Project"means specific activities of the Grantee that are supported by funds provided
under this Grant Agreement.
"Signature Document"means the document executed by all Parties for this Grant
Agreement.
"Solicitation""Funding Announcement"or"Request for Applications (RFA)"means
the document(including all exhibits, attachments, and published addenda), issued by the
System Agency under which applications for grant funds were requested, which is
incorporated by reference in the Grant Agreement for all purposes in its entirety.
"Solicitation Response"or"Application"means Grantee's full and complete Solicitation
response(including any attachments and addenda), which is incorporated by reference in
the Grant Agreement for all purposes in its entirety.
"State Fiscal Year"means the period beginning September 1 and ending August 31 each
year,which is the annual accounting period for the State of Texas.
"State of Texas Textravel"means the Texas Comptroller of Public Accounts' state travel
rules, policies,and guidelines.
"Statement of Work"means the description of activities Grantee must perform to complete
the Project, as specified in the Grant Agreement and as may be amended.
"System Agency"means HHSC or DSHS,as applicable.
"Work Product"means any and all works, including work papers,notes,materials,
approaches,designs, specifications, systems, innovations, improvements, inventions,
software, programs, source code, documentation, training materials, audio or audiovisual
recordings,methodologies,concepts, studies,reports,whether finished or unfinished,
and whether or not included in the deliverables, that are developed,produced, generated
or provided by Grantee in connection with Grantee's performance of its duties under the
Grant Agreement or through use of any funding provided under this Grant Agreement.
"Texas Grant Management Standards"or"TxGMS"means uniform grant and contract
administration procedures, developed under the authority of Chapter 783 of the
Texas Government Code,to promote the efficient use of public funds in local
government and in programs requiring cooperation among local, state, and federal
agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise
provided by applicable law or directed by System Agency. Additionally, except as
otherwise provided by applicable law, in the event of a conflict between TxGMS and
applicable federal or state law, federal law prevails over state law and state law prevails
over TxGMS.
1.2 INTERPRETIVE PROVISIONS
A. The meanings of defined terms include the singular and plural forms.
B. The words "hereof,""herein," "hereunder,"and similar words refer to this Grant
Agreement as a whole and not to any particular provision, section, attachment, or
schedule of this Grant Agreement unless otherwise specified.
C. The term"including" is not limiting and means"including without limitation"and,
unless otherwise expressly provided in this Grant Agreement, (i)references to contracts
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(including this Grant Agreement) and other contractual instruments shall be deemed to
include all subsequent Amendments and other modifications,but only to the extent that
such Amendments and other modifications are not prohibited by the terms of this Grant
Agreement, and(ii)references to any statute or regulation are to be construed as
including all statutory and regulatory provisions consolidating, amending, replacing,
supplementing, or interpreting the statute or regulation.
D. Any references to agreements, contracts, statutes, or administrative rules or regulations
in the Grant Agreement are references to these documents as amended, modified, or
supplemented during the term of the Grant Agreement.
E. The captions and headings of this Grant Agreement are for convenience of reference
only and do not affect the interpretation of this Grant Agreement.
F. All attachments, including those incorporated by reference, and any Amendments are
considered part of the terms of this Grant Agreement.
G. This Grant Agreement may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and policies are
cumulative.
H. Unless otherwise expressly provided, reference to any action of the System Agency or
by the System Agency by way of consent, approval, or waiver will be deemed modified
by the phrase "in its sole discretion."
I. Time is of the essence in this Grant Agreement.
J. Prior to execution of the Grant Agreement, Grantee must notify System Agcn..;;'c
designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other
error. If Grantee fails to notify the System Agency designated contact of any ambiguity,
conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's
execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s).
No grantee will be entitled to additional reimbursement, relief, or time by reason of any
ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or
its later correction.
ARTICLE II. PAYMENT PROVISIONS
2.1 PROMPT PAYMENT
Payment shall be made in accordance with Chapter 2251 of the Texas Government Code,
commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas
Government Code shall govern remittance of payment and remedies for late payment and
non-payment.
2.2 TAXES
3rcntcc represents and warrants that it shall pay all taxes or similar amounts resulting from
the Grant Agreement, including,but not limited to, any federal, State, or local income, sales
or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes
resulting from the Grant Agreement.
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2.3 ANCILLARY AND TRAVEL EXPENSES
A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by
the Grantee in connection with its provision of the services or deliverables will be
reimbursed by the System Agency. Ancillary expenses include,but are not limited to,
costs associated with transportation, delivery, and insurance for each deliverable.
B. Except as otherwise provided in the Grant Agreement,when the reimbursement of travel
expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in
accordance with the rates set by the Texas Comptroller's Textravel guidelines,which can
currently be accessed at: https://fmx.cpa.texas.gov/finx/travel/textravel/.
2.4 BILLING
Unless otherwise provided in the Grant Agreement, Grantee shall bill the S;st'n b"- v
accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement,
Grantee shall submit requests for reimbursement or payment monthly by the last business
day of the month following the month in which expenses were incurred or services provided.
Grantee shall maintain all documentation that substantiates invoices and make the
documentation available to the System Agency upon request.
2.5 USE OF FUNDS
Grantee shall expend funds under this Grant Agreement only for approved services and for
reasonable and allowable expenses directly related to those services.
2.6 USE FOR MATCH PROHIBITED
Grantee shall not use funds provided under this Grant Agreement for matching purposes in
securing other funding without the written approval of the System Agency.
2.7 PROGRAM INCOME
Program income refers to gross income directly generated by a supporting activity during
the period of performance. Unless otherwise required under the Grant Agreement,r==.ec
shall use Program Income, as provided in TxGMS,to further the Project, and Grantee shall
spend the Program Income on the Project. Grantee shall identify and report Program Income
in accordance with the Grant Agreement, applicable law, and any programmatic guidance.
•
C ant Agreement term, when earned, and
may not carry Program Income forward to any succeeding term. Grantee shall refund
Program Income to the System Agency if the Program Income is not expended in the term in
which it is earned. The System Agency may base future funding levels, in part, upon
Grantee's proficiency in identifying,billing, collecting, and reporting Program Income, and
in using Program Income for the purposes and under the conditions specified in this Grant
Agreement.
2.8 NONSUPPLANTING
Grant funds must be used to supplement existing, new or corresponding programming and
related activities. Grant funds may not be used to supplant(replace) existing funds that have
been appropriated, allocated, or disbursed for the same purpose. System Agency may
conduct Grant monitoring or audits may be conducted to review, among other things,
Grantee's compliance with this provision.
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2.9 INDIRECT COST RATES
The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for
all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost
rates will be determined in accordance with applicable law including, but not limited to, 2
CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in
accordance with applicable law including, but not limited to, TxGMS. Grantees funded with
blended federal and state funding will be gt!t,;e'i
determining indirect costs. In the event of a conflict between TxGMS and a rr-
IL:r.b:_ s__..i
law or regulation, the provisions of federal law or regulation will apply._Grantee will provide
any necessary financial documents to determine the indirect cost rate in accordance with the
Uniform Grant Guidance (UGG) and TxGMS.
ARTICLE III. STATE AND FEDERAL FUNDING
3.1 EXCESS OBLIGATIONS PROHIBITED
This Grant Agreement is subject to termination or cancellation, without penalty to System
Agency, either in whole or in part, subject to the availability and actual receipt by System
Agency of state or federal funds. System Agency is a state agency whose authority and
appropriations are subject to actions of the Texas Legislature. If System Agency becomes
subject to a legislative change, revocation of statutory authority, or lack of appropriated
funds that would render either System Agency's or Grantcc's
the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or
cancelled and be deemed null and void. In the event of a termination or cancellation under
this Section, System Agency will not be liable to Grantee for any damages that are caused or
associated with such termination or cancellation, and System Agency will not be required to
give prior notice. Additionally, System Agency will not be liable to Grantee for any
remaining unpaid funds under this Grant Agreement at time of termination.
3.2 No DEBT AGAINST THE STATE
This Grant Agreement will not be construed as creating any debt by or on behalf of the State
of Texas.
3.3 DEBTS AND DELINQUENCIES
Grantee agrees that any payments due under the Grant Agreement shall be directly applied
towards eliminating any debt or delinquency it has to the State of Texas including,but not
limited to, delinquent taxes, delinquent student loan payments, and delinquent child support
during the entirety of the Grant Agreement term.
3.4 REFUNDS AND OVERPAYMENTS
A. At its sole discretion,the System Agency may(i)withhold all or part of any payments to
Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or
if any required fmancial status report(s)is not submitted by the due date(s); or(ii)require
C�rantee to promptly refund or credit-within thirty(30) calendar days of written notice—
to System Agency any funds erroneously paid by System Agency which are not cxprossly
authorized under the Grant Agreement.
B. "Overpayments" as used in this Section include payments(i)made by the System
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iv. If Grantee,within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) in state funds awarded,Grantee shall have a
single audit or program-specific audit in accordance with TxGMS. The audit must be
conducted by an independent certified public accountant and in accordance with 2
CFR 200, Government Auditing Standards, and TxGMS.
v. 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
TxGMS, as applicable, for their program-specific audits.
vi. Each Grantee required to obtain a single audit must competit •c! r`
audit services once every six years. Grantee shall procure audit services in
compliance with this section, state procurement procedures, as well as with
applicable provisions of 2 CFR 200 and TxGMS.
B. Financial Statements.
Each Grantee that does not meet the expenditure threshold for a single audit or program-
specific audit,must provide fmancial statements for the audit period.
4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS
A. Audits.
Due the earlier of 30 days after receipt of the independent certified public accountant's
report or nine months after the end of the fiscal year,Grantee shall submit one electronic
copy of the single audit or program-specific audit to the System Agency via:
i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or,
ii. Email to: single audit report@hhsc.state.tx.us.
B. Financial Statements.
Due no later than nine months after the Grantee's fiscal year-end, Grantees not required
to submit an audit, shall submit one electronic copy of their fmancial statements via:
i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or,
ii. Email to: single audit_reportRhhsc.state.tx.us.
ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND
CERTIFICATIONS
5.1 WARRANTY
Grantee warrants that all work under this Grant Agreement shall be completed in a manner
consistent with standards under the terms of this Grant Agreement, in the applicable trade,
profession, or industry; shall conform to or exceed the specifications set forth in the Grant
Agreement;and all deliverables shall be fit for ordinary use,of good quality,and with no
material defects. If System Agency, in its sole discretion, determi ics
complete work timely or to perform satisfactorily under conditions required by this Grant
Agreement, the System Agency may require Grantee, at its sole expense, to:
i. Repair or replace all defective or damaged work;
ii. Refund any payment Grantee received from System Agency for all defective or
damaged work and, in conjunction therewith,require Grantee to accept the return of
such work; and,
iii. Take necessary action to ensure that Grantee's future performance and work conform
to the Grant Agreement requirements.
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5.2 GENERAL AFFIRMATIONS
Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement,
the Grantee has reviewed the affirmations and that Grantee is in compliance with all
requirements.
5.3 FEDERAL ASSURANCES
Grantee further certifies that, to the extent federal assurances are incorporated into the Grant
Agreement, the Grantee has reviewed the federal assurances and that Grantee is in
compliance with all requirements.
5.4 FEDERAL CERTIFICATIONS
Grantee further certifies that, to the extent federal certifications are incorporated into the
Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in
compliance with all requirements. In addition, Grantee certifies that it is in compliance with
all applicable federal laws,rules, and regulations, as they may pertain to this Grant Agreement.
5.5 STATE ASSURANCES
Except to the extent of any conflict under applicable law or requirements or guidelines of
any federal awarding agency from which funding for this Grant Agreement originated, the
Grantee must comply with the applicable state assurances included within the TxGMS
which are incorporated here by reference.
ARTICLE VI. INTELLECTUAL PROPERTY
6.1 OWNERSHIP OF WORK PRODUCT
A. All right, title, and interest in the Work Product, including all Intellectual Property
Rights therein,is exclusively owned by System Agency. Grantee and Grantee's
employees will have no rights in or ownership of the Work Product or any other property
of System Agency.
B. Any and all Work Product that is copyrightable under United States copyright law is
deemed to be "work made for hire"owned by System Agency, as provided
of the United States Code. To the extent that Work Product does not qualify as a"work
made for hire" under applicable federal law, Grantee hereby irrevocably assigns and
transfers to System Agency, its successors and assigns, the entire right, title, and interest
_:' `' "'::1;»:�awct, including any and all Intellectual Property Rights
embodied therein or associated therewith, and in and to all works based upon, derived
from, or incorporating the Work Product, and in and to all income, royalties, damages,
claims and payments now or hereafter due or payable with respect thereto, and in and to
all causes of action either in law or in equity ' '� " ' ' '
based on the copyrights,and in and to all rights corresponding to the foregoing.
C. Grantee agrees to execute all papers and to perform such other acts as System Agency
may deem necessary to secure for System Agency or its designee the rights herein
assigned.
D. In the event that Grantee has any rights in and to the Work Product that cannot be
assigned to System Agency, Grantee hereby grants to System Agency an exclusive,
worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to
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sublicense,to reproduce, distribute, modify, create derivative works of, publicly perform
and publicly display, make,have made, use, sell and offer for sale the Work Product and
any products developed by practicing such rights.
E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that
are incorporated in the Work Product by Grantee. Grantee shall provide System Agency
access during normal business hours to all Grantee materials, premises, and computer
files containing the Work Product.
6.2 GRANTEE'S PRE-EXISTING WORKS
A. To the extent that Grantee incorporates into the Work Product any works of Grantee that
were created by Grantee or that Grantee acquired rights in prior to the Effective Date of
this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership
of such Incorporated Pre-existing Works.
B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive,
royalty-free,transferable,worldwide right and license, with the rim` `.:
use,reproduce, modify, copy, create derivative works of, publish,publicly perform and
display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in
any medium, with or without the associated Work Product.
C. Grantee represents,warrants, and covenants to System Agency that Grantee has all
necessary right and authority to grant the foregoing license in the Incorporated Pre-
existing Works to System Agency.
6.3 THIRD PARTY IP
A. To the extent that any Third Party IP is included or incorporated in the Work Product by
Grantee,Grantee hereby grants to System Agency,or shall obtain from the applicable
third party for System Agency's benefit,the irrevocable,perpetual,non-exclusive,
worldwide, royalty-free right and license, for System Agency's internal business or
governmental purposes only, to use,reproduce, display,perform, distribute copies of,
and prepare derivative works based upon such Third Party u
thereof embodied in or delivered to System Agency in conjunction with the Work
Product, and to authorize others to do any or all of the foregoing.
B. Grantee shall obtain System Agency's advance written approval prior to incorporating
any Third Party IP into the Work Product, and Grantee shall notify System Agency on
delivery of the Work Product if such materials include any Third Party IP.
C. Grantee shall provide System Agency all supporting documentation demonstrating
Grantee's compliance with this Section 6.3,including without limitation documentation
indicating a third party's written approval for Grantee to use any Third Party IP that may
be incorporated in the Work Product.
6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS
Grantee shall have written,binding agreements with its employees and subcontractors that
include provisions sufficient to give effect to and enable Grantee's compliance with
Grantee's obligations under this Article VI, Intellectual Property.
6.5 DELIVERY UPON TERMINATION OR EXPIRATION
No later than the first calendar day after the termination or expiration of the Grant Agreement
or upon System Agency's request,Grantee shall deliver to System Agency all completed,or
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partially completed, Work Product, including any Incorporated Pre-existing Works, and any
and all versions thereof. Grantee's failure to timely deliver such Work Product is a material
breach of the Grant Agreement.Grantee will not retain any copies of the Work Product or any
documentation or other products or results of Grantee's activities under the Grant Agreement
without the prior written consent of System Agency.
6.6 SURVIVAL
The provisions and obligations of this Article survive any termination or expiration of the
Grant Agreement.
6.7 SYSTEM AGENCY DATA
A. As between the Parties,all data and information acquired, accessed, or made available to
Grantee by, through, or on behalf of System Agency or System Agency contractors,
including all electronic data generated,processed, transmitted, or stored by Grantee in
the course of providing data processing services in connection with Grantee's
performance hereunder(the"System Agency Data"), is owned solely by System Agency.
B. Grantee has no right or license to use, analyze, aggregate, *r^ �-�` a_�_ �`_- �: cf
copy,disclose, or process the System Agency Data except as required for Grantee to
fulfill its obligations under the Grant Agreement or as authorized in advance in writing
by System Agency.
C. = ' ' ...1=bt Grantee is expressly prohibited from using, and from
permitting any third party to use, System Agency Data for marketing, research, or other
non-governmental or commercial purposes, without the prior written consent of System
Agency.
D. Grantee shall make System Agency Data available to System Agcncy, `:
System Agency's designated vendors, as directed in writing by System Agency. The
foregoing shall be at no cost to System Agency.
E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect,
and/or transmit the System Agency Data shall not excuse Grantee's performance of its
obligations hereunder.
ARTICLE VII. PROPERTY
7.1 USE OF STATE PROPERTY
A. Grantee is prohibited from using State Property for any purpose other than performing
Services authorized under the Grant Agreement.
B. State Property includes, but is not limited to, System Agency's office space,
identification badges, System Agency information technology equipment and networks
(e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data
storage devices, any System Agency-issued software, and the Sycte.r. _"_ac"' Isfirt _
Private Network(VPN client)), and any other resources of System Agency.
C. Grantee shall not remove State Property from the continental United States. In addition,
Grantee may not use any computing device to access System Agency's network or e-
mail while outside of the continental United States.
D. Grantee shall not perform any maintenance services on State Property unless the Grant
Agreement expressly authorizes such Services.
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E. During the time that State Property is in the possession of Grantee, Grantee shall be
responsible for:
i. all repair and replacement charges incurred by State Agency that are associated with
loss of State Property or damage beyond normal wear and tear,and
ii. all charges attributable to Grantee's use of State Property that exceeds the Grant
Agreement scope. Grantee shall fully reimburse such charges to System Agency
within ten(10) calendar days of Grantee's receipt of System Agency's notice of
amount due. Use of State Property for a purpose not authorized by the Grant
Agreement shall constitute breach of contract and may result in termination of the
Grant Agreement and the pursuit of other remedies available to System Agency
under contract, at law,or in equity.
7.2 DAMAGE TO STATE PROPERTY
A. In the event of loss,destruction,or damage to any System Agency or State of Texas
owned,leased, or occupied property or equipment by Grantee or Grantee's employees,
agents,Subcontractors,or suppliers,Grantee shall be liable to System Agency and the
State of Texas for the full cost of repair,reconstruction, or replacement of the lost,
destroyed,or damaged property.
2. C:W.;;,:,shall notify System Agency of the loss,destruction, or damage of equipment or
property within one(1)business day. Grantee shall reimburse System Agency and the
State of Texas for such property damage within ten(10)calendar days after Grantee's
receipt of System Agency's notice of amount due.
7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT
In the event the Grant Agreement is terminated for any reason or expires, State Property
remains the property of the System Agency and must be returned to the System Agency by
the earlier of the end date of the Grant Agreement or upon System Agency's request.
7.4 EQUIPMENT AND PROPERTY
A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased
with grant funds under this award is used solely for the purpose of this Grant or is
properly pro-rated for use under this Grant. Grantee must have control systems to
prevent loss,damage, or theft of property funded under this Grant. Grantee shall
maintain equipment management and inventory procedures for equipment, whether
acquired in part or whole with grant funds, until disposition occurs.
R When equipment acquired by Grantee under this Grant Agreement is no longer needed
for the original project or for other activities currently supported by System Agency, the
Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as
applicable. Upon termination of this Grant Agreement, use and disposal of equipment by
the Grantee shall conform with TxGMS requirements.
C Grantee shall initiate the purchase of all equipment approved in writing by the System
Agency in accordance with the schedule approved by System Agency, as applicable.
Failure to timely initiate the purchase of equipment may result in the loss of availability
of funds for the purchase of equipment. Requests to purchase previously approved
equipment after the first quarter in the Grant Agreement must be submitted to the
assigned System Agency contract manager.
D. Controlled Assets include firearms, regardless of the acquisition cost, and the following
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assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop
computers (including notebooks, tablets and similar devices), non-portable printers and
copiers, emergency management equipment, communication devices and systems,
medical and laboratory equipment, and media equipment. Controlled Assets are
considered supplies.
E System Agency funds must not be used to purchase buildings or real property without
prior written approval from System Agency. Any costs related to the initial acquisition
of the buildings or real property are not allowable without written pre-approval.
ARTICLE VIII. RECORD RETENTION, AUDIT, AND
CONFIDENTIALITY
8.1 RECORD MAINTENANCE AND RETENTION
A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records necessary to fully disclose to the System Agency, the Texas State
Auditor's Office, the United States Government, and their authorized representatives
sufficient information to determine compliance with the terms and conditions of this Grant
Agreement and all state and federal rules, regulations, and statutes.
B. Grantee shall maintain and retain legiblc copicz, :rt'..: C:�_: "_b_ _ :''_
relating to the performance of the Grant Agreement, including supporting fiscal
documents adequate to ensure that claims for grant funds are in accordance with
applicable State of Texas requirements. These records shall be maintained and retained
by the Grantee for a minimum of seven (7) years after the Grant Agreement expiration
date or seven (7) years after all audits, claims, litigation or disputes involving the Grant
Agreement are resolved, whichever is later.
8.2 AGENCY'S RIGHT TO AUDIT
A. Grantee shall make available at reasonable times and upon reasonable notice, and for
reasonable periods, work papers, reports,books, records, supporting documents kept
current by Grantee pertaining to the Grant Agreement for purposes of inspecting,
monitoring, auditing, or evaluating by System Agency and the State of Texas.
B. In addition to any right of access arising by operation of law, Grantee and any of
Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System
Agency or any of its duly authorized representatives, as well as duly authorized federal,
state or local authorities, unrestricted access to and the right to examine any site where
business is conducted or services are performed, and all records, which includes but is
not limited to financial, client and patient records, books, papers or documents related to
this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies
that shall have a right of access to records as described in this section include: the federal
agency providing the funds, the Comptroller General of the United States, the General
Accounting Office, the Office of the Inspector General, and any of their authorized
representatives. In addition, agencies of the State of Texas that shall have a right of
access to records as described in this section include: the System Agency, HHS's
contracted examiners, the State Auditor's Office, the Office of the Texas Attorney
General, and any successor agencies. Each of these entities may be a duly authorized
authority.
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C. If deemed necessary by the System Agency or any duly authorized authority, for the
purpose of investigation or hearing, Grantee shall produce original documents related to
this Grant Agreement.
D. The System Agency and any duly authorized authority shall have the right to audit
billings both before and after payment, and all documentation that substantiates the
billings.
E. Grantee shall include this provision concerning the right of access to, and examination
of, sites and information related to this Grant Agreement in any Subcontract it awards.
8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS
A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections
necessary to address any finding of noncompliance with any law, regulation, audit
requirement, or generally accepted accounting principle, or any other deficiency
identified in any audit,review, or inspection of the Grant Agreement and the services
and Deliverables provided.Any such correction will be at Grantee's or its
Subcontractor's sole expense. Whether Grantcc's act:;,:. ::,-
be solely the decision of the System Agency.
B. As part of the services, Grantee must provide to HHS upon request a copy of those
portions of Grantee's and its Subcontractors'internal audit reports relating to the services
and Deliverables provided to the State under the Grant Agreement.
8.4 STATE AUDITOR'S RIGHT TO AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the Grant Agreement or indirectly through a subcontract under the Grant
Agreement. The acceptance of funds directly under the Grant Agreement or indirectly
through a subcontract under the Grant Agreement acts as acceptance of the authority of the
state auditor,under the direction of the legislative audit committee,to conduct an audit or
izi v cstigation in connection with those funds.Under the direction of the legislative audit
committee,an entity that is the subject of an audit or investigation by the state auditor must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
8.5 CONFIDENTIALITY
Grantee shall maintain as confidential and shall not disclose to third parties without System
Agency's prior written consent,any System Agency information including but not limited to
System Agency's business activities,practices, systems, conditions and services. This
section will survive termination or expiration of this Grant Agreement. This requirement
must be included in all subcontracts awarded by Grantee.
ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED
ACTIVITIES
9.1 REMEDIES
A. To ensure Grantee's full performance of the Grant Agreement and compliance with
applicable law, System Agency reserves the right to hold Grantee accountable for breach
of contract or substandard performance and may take remedial or corrective actions,
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including,but not limited to the following:
i. temporarily withholding cash disbursements or reimbursements pending correction of
the deficiency;
i i. disallowing or denying use of funds for the activity or action deemed not to be in
compliance;
iii. disallowing claims for reimbursement that may require a partial or whole return of
previous payments or reimbursements;
iv. suspending all or part of the Grant Agreement;
v. requiring the Grantee to take specific actions in order to remain in compliance with
the Grant Agreement;
vi. recouping payments made by the System Agency to the Grantee found to be in error;
vii. suspending, limiting,or placing conditions on the Grantee's continued performance
of the Project;
viii. prohibiting the Grantee from receiving additional funds for other grant programs
administered by the System Agency until satisfactory compliance resolution is
obtained;
ix. withholding release of new grant agreements; and
x. imposing any other remedies, sanctions or penalties authorized under this Grant
Agreement or permitted by federal or state statute, law, regulation or rule.
R Unless expressly authorized by System Agency, Grantee may not be entitled to
reimbursement for expenses incurred while the Grant Agreement is suspended.
C No action taken by System Agency in exercising remedies or imposing sanctions will
constitute or operate as a waiver of any other rights or remedies available to System
Agency under the Grant Agreement or pursuant to law. Additionally,no action taken by
System Agency in exercising remedies or imposing sanctions will constitute or operate
as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by
System Agency, Grantee may not be entitled to reimbursement for expenses incurred
while the Grant Agreement is suspended or after termination.
9.2 TERMINATION FOR CONVENIENCE
The System Agency may terminate the Grant Agreement, in whole or in part, at any time
when, in its sole discretion,the System Agency determines that termination is in the best
interests of the State of Texas. The termination will be effective on the date specified in the
System Agency's notice of termination.
9.3 TERMINATION FOR CAUSE
A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law,the
System Agency may terminate the Grant Agreement,in whole or in part,upon either of
the following conditions:
i. Material Breach
The System Agency may terminate the Grant Agreement, in whole or in part, if
the System Agency determines, in its sole discretion,that Grantee has materially
breached the Grant Agreement or has failed to adhere to any laws, ordinances,
rules,regulations or orders of any public authority having jurisdiction,whether or
not such violation prevents or substantially impairs performance of Grantee's duties
under the Grant Agreement. Grantee's misrepresentation in any aspect including,
but not limited to, of Grantee's Solicitation Application, if any, or Grantee's
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addition to the SAM exclusion list(identification in SAM as an excluded entity)
may also constitute a material breach of the Grant Agreement.
ii. Failure to Maintain Financial Viability
The System Agency may terminate the Grant Agreement if the System Agency, in
its sole discretion, determines that Grantee no longer maintains the financial_
viability required to complete the services and deliverables, or otherwise fully
perform its responsibilities under the Grant Agreement.
B. System Agency will specify the effective date of such termination in the notice to
Grantee. If no effective date is specified, the Grant Agreement will terminate on the
date of the notification.
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS
If the System Agency terminates the Grant Agreement for cause, the Grantee shall be
responsible to the System Agency for all costs incurred by the System Agency 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 attributable to Grantee's
failure to perform any work in accordance with the terms of the Grant Agreement.
9.5 INHERENTLY RELIGIOUS ACTIVITIES
Grantee may not use grant funding to engage in inherently religious activities, such as
proselytizing, scripture study, or worship. Grantees may engage in inherently religious
activities; however,these activities must be separate in time or location from the grant-
funded program. Moreover, grantees must not compel program beneficiaries to participate in
inherently religious activities. These requirements apply to all grantees, not just faith-based
organizations.
9.6 POLITICAL ACTIVITIES
Grant funds cannot be used for the following activities:
A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using
grant funds directly or indirectly for political purposes, including lobbying, advocating
for legislation, campaigning for, endorsing, contributing to, or otherwise supporting
political candidates or parties, and voter registration campaigns. Grantees may use
private, or non-System Agency money or contributions for political purposes but may
not charge to, or be reimbursed from, System Agency contracts or grants for the costs of
such activities.
B. Grant-funded employees may not use official authority or influence to achieve any
political purpose and grant funds cannot be used for the salary,benefits, or any other
compensation of an elected official.
C. Grant funds may not be used to employ, in any capacity, a person who is required by
Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant
funds cannot be used to pay membership dues to an organization that partially or wholly
pays the salary of a person who is required by Chapter 305 of the Texas Government
Code to register as a lobbyist.
D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use
of appropriated funds to influence certain Federal contracting and financial transactions.
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ARTICLE X. INDEMNITY
10.1 GENERAL INDEMNITY
A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS,
AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS,
ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,
ACTIONS,CLAIMS, DEMANDS,OR SUITS,AND ALL RELATED COSTS,
AND EXPENSES ARISING OUT OF OR RESULTING
FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS,
EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS
OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
{'!i `XT'Ir "C'QT''EMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE
GRANT AGREEMENT.
B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE
CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD
HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR
LIABILITIES RESULTING FROM T!E Nlwr'T_Tr116FY. r.,►,r•rr '"" � 7f•�= `=T`7
OF THE SYSTEM AGENCY OR ITS EMPLOYEES.
C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other
entity under the Grant Agreement.
10.2 INTELLECTUAL PROPERTY
GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY
AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE
SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER
INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS, AND/OR IN
CONNECTION WITH OR ARISING FROM:
i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT;
ii. ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR
OTHER SERVICE PROVIDED HEREUNDER; AND/OR
iii SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF
ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO
rl['"'"T►i( .*-.rwT( T fiTANTEE OR OTHERWISE TO WHICH SYSTEM
AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE
UNDER THE GRANT AGREEMENT.
10.3 ADDITIONAL INDEMNITY PROVISIONS
A (;'R A NTVE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM.
GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE,
INCLUDING ATTORNEYS' FEES.
B. THE DEFENSE SHALL BE COQ'_"""T.'.'"""" ""''""" ""
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OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING
THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL.
C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF
TEXAS FOR ANY CLAIMS,DAMAGES, COSTS, EXPENSES OR OTHER
AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND
COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM
AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN TT '
INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS
REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL,
SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE
COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF
c`TSTEM AGENCY'S COUNSEL.
ARTICLE XI. GENERAL PROVISIONS
11.1 ANIENDMENTS
Except as otherwise expressly provided, the Grant Agreement may only be amended by a
written Amendment executed by both Parties.
11.2 No QUANTITY GUARANTEES
The System Agency makes no guarantee of volume or usage of work under this Grant
Agreement. All work requested may be on an irregular and as needed basis throughout the
Grant Agreement term.
11.3 CHILD ABUSE REPORTING REQUIREMENTS
A. Grantees 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 Grantee to report child abuse.
B. Grantee 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 Grantees/Providers and train all staff on reporting requirements.
C. Grantee shall use the Texas Abuse Hotline Website located at
https://www.txabusehotline.org/Login/Default.aspx as required by the System
Agency. Grantee shall retain reporting documentation on site and make it available for
inspection by the System Agency.
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY
MINIMUM STANDARDS
A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that
meets or exceeds all of the following minimum standards of:
i. Prohibiting the use of all forms of tobacco products, including but not limited to
cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes,
smokeless tobacco, snuff and chewing tobacco;
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ii. Designating the property to which this Policy applies as a "designated area,"which
must at least comprise all buildings and structures where activities funded under this
Grant Agreement are taking place, as well as Grantee owned, leased, or controlled
sidewalks,parking lots,walkways, and attached parking structures immediately
adjacent to this designated area;
iii. Applying to all employees and visitors in this designated area; and
iv. Providing for or referring its employees to tobacco use cessation services.
B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the
System Agency.
11.5 INSURANCE AND BONDS
Unless otherwise specified in this Contract,Grantee shall acquire and maintain, for the
duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this
Contract and potential liabilities thereunder with financially sound and reputable insurers
licensed by the Texas Department of Insurance, in the type and amount customarily carried
within the industry as determined by the System Agency. Grantee shall provide evidence of
insurance as required under this Contract, including a schedule of coverage or underwriter's
schedules establishing to the satisfaction of the System Agency the nature and extent of
coverage granted by each such policy, upon request by the System Agency. In the event that
any policy is determined by the System Agency to be deficient to comply with the terms of
this Contract, Grantee shall secure such additional policies or coverage as the System
Agency may reasonably request or that are required by law or regulation. If coverage expires
during the term of this Contract,Grantee must produce renewal certificates for each type of
coverage. In addition,if required by System Agency,Grantee must obtain and have on file a
blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant
funds, including applicable matching funds. The fidelity bond must cover the entirety of the
grant term and any subsequent renewals. The failure of Grantee to comply with these
requirements may subject Grantee to remedial or corrective actions detailed in section 10.1,
General Indemnity, above.
These and all other insurance requirements under the Grant apply to both Grantee and its
Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance
with all requirements.
11.6 LIMITATION ON AUTHORITY
A. Grantee shall not have any authority to act for or on behalf of the System Agency or the
State of Texas except as expressly provided for in the Grant Agreement; no other
authority, power, or use is granted or implied. Grantee may not incur any debt,
obligation, expense,or liability of any kind on behalf of System Agency or the State of
Texas.
B. Grantee may not rely upon implied authority and is not granted authority under the Grant
Agreement to:
i. Make public policy on behalf of the System Agency;
ii. Promulgate, amend,or disregard administrative regulations or program policy
decisions made by State and federal agencies responsible for administration of a
System Agency program; or
iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas
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Legislature on behalf of the System Agency regarding System Agency programs or
the Grant Agreement. However,upon System Agency request and with reasonable
notice from System Agency to the Grantee,the Grantee shall assist the System
Agency in communications and negotiations regarding the Work under the Grant
Agreement with state and federal governments.
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS
Grantee shall comply with all laws,regulations,requirements and guidelines applicable to a
Grantee providing services and products required by the Grant Agreement to the State of
Texas, as these laws,regulations,requirements and guidelines currently exist and as amended
throughout the term of the Grant Agreement.Notwithstanding Section 11.1,Amendments,
above, System Agency reserves the right,in its sole discretion,to unilaterally amend the Grant
Agreement to incorporate any modifications necessary for System Agency's compliance, as
an agency of the State of Texas, with all applicable state and federal laws, regulations,
requirements and guidelines.
11.8 SUBCONTRACTORS
Grantee may not subcontract any or all of the Work and/or obligations under the Grant
Agreement without prior written approval of the System Agency. Subcontracts, if any,
entered into by the Grantee shall be in writing and be subject to the requirements of the
Grant Agreement. Should Grantee subcontract any of the services required in the Grant
Agreement, Grantee expressly understands and acknowledges System Agency is in no
manner liable to any subcontractor(s)of Grantee. In no event shall this provision relieve
Grantee of the responsibility for ensuring that the services performed under all subcontracts
are rendered in compliance with the Grant Agreement.
11.9 PERMITTING AND LICENSURE
At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant
Agreement any state, county,city, or federal license, authorization, insurance, waiver,
permit, qualification or certification required by statute, ordinance, law, or regulation to be
held by Grantee to provide the goods or services required by this Grant Agreement. Grantee
shall be responsible for payment of all taxes, assessments, fees,premiums,permits, and
licenses required by law. Grantee shall be responsible for payment of any such government
obligations not paid by its Subcontractors during performance of this Grant Agreement.
11.10 INDEPENDENT CONTRACTOR
Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and
third-party service providers shall serve as independent contractors in providing the services
under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and
neither may make any commitments on the other parry's behalf. The Grantee is not a
"governmental body" solely by virtue of this Grant Agreement or receipt of grant funds
under this Grant Agreement. Grantee shall have no claim against System Agency for
vacation pay, sick leave, retirement benefits, social security, worker's compensation, health
or disability benefits, unemployment insurance benefits,or employee benefits of any kind.
The Grant Agreement shall not create any joint venture,partnership, agency, or employment
relationship between Grantee and System Agency.
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1 1.1 1 GOVERNING LAW AND VENUE
The Grant Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, without regard to the conflicts of law provisions. The venue of any suit
arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis
County, Texas,unless the specific venue is otherwise identified in a statute which directly
names or otherwise identifies its applicability to the System Agency.
11.12 SEVERABILITY
If any provision contained in this Grant Agreement is held to be unenforceable by a court of
law or equity, such construction will not affect the legality,validity, or enforceability of any
other provision or provisions of this Grant Agreement. It is the intent and agreement of the
Parties this Grant Agreement shall be deemed amended by modifying such provision to the
extent necessary to render it valid, legal and enforceable while preserving its intent or, if
such modification is not possible,by substituting another provision that is valid,legal and
enforceable and that achieves the same objective. All other provisions of this Grant
Agreement will continue in full force and effect.
11.13 SURVIVABILITY
Expiration or termination of the Grant Agreement for any reason does not release Grantee
from any liability or obligation set forth in the Grant Agreement that is expressly stated to
survive any such expiration or termination,that by its nature would be intended to be
applicable following any such expiration or termination, or that is necessary to fulfill the
essential purpose of the Grant Agreement, including without limitation the provisions
regarding return of grant funds, audit requirements, records retention,public information,
warranty, indemnification, confidentiality, and rights and remedies upon termination.
11.14 FORCE MAJEURE
Neither Grantee nor System Agency shall be liable to the other for any delay in,or failure of
performance, of any requirement included in the Grant Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until
after the causes of delay or failure have been removed provided the non-performing party
exercises all reasonable due diligence to perform. Force majeure is defined as acts of God,
war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are
beyond the reasonable control of either party and that by exercise of due foresight such party
could not reasonably have been expected to avoid, and which,by the exercise of all
reasonable due diligence, such party is unable to overcome.
11.15 NO IMPLIED WAIVER OF PROVISIONS
The failure of the System Agency to object to or to take affirmative action with respect to
any conduct of the Grantee which is in violation or breach of the terms of the Grant
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation or breach.
11.16 FUNDING DISCLAIMERS AND LABELING
A. Grantee shall not use System Agency's name or refer to System Agency directly or
indirectly in any media appearance,public service announcement, or disclosure relating
to this Grant Agreement including any promotional material without first obtaining
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written consent from System Agency. The foregoing prohibition includes, without
limitation, the placement of banners, pop-up ads, or other advertisements promoting
Grantee's or a third parry's products, services, workshops,trainings, or other commercial
offerings on any website portal or internet-based service or software application hosted
or managed by Grantee. This does not limit the Grantee's responsibility to comply with
obligations related to the Texas Public Information Act or Texas Open Meetings Act.
B. In general,no publication (including websites, reports,projects, etc.)may convey
System Agency's recognition or endorsement of the Grantee's project without prior
written approval from System Agency. Publications funded in part or wholly by HHS
grant funding must include a statement that"HHS and neither any of its components
operate, control, are responsible for, or necessarily endorse, this publication (including,
without limitation, its content, technical infrastructure, and policies, and any services or
tools provided)" at HHS's request.
11.17 MEDIA RELEASES
A. Grantee shall not use System Agency's name, logo, or other likeness in any press
release, marketing material or other announcement without System Agency's prior
written approval. System Agency does not endorse any vendor,commodity,or service.
Grantee is not authorized to make or participate in any media releases or public
announcements pertaining to this Grant Agreement or the Services to which they relate
without System Agency's prior written consent, and then only in accordance with
explicit written instruction from System Agency.
B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant
Agreement with the System Agency's prior review and approval, which the System
Agency may exercise at its sole discretion. Any publication(written, visual, or sound)
will acknowledge the support received from the System Agency and any Federal agency,
as appropriate.
11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS
Grantee shall not require any employees or Subcontractors to agree to any conditions, such
as non-compete clauses or other contractual arrangements, that would limit or restrict such
persons or entities from employment or contracting with the State of Texas.
11.19 SOVEREIGN IMMUNITY
Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or
the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as
a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the
System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement,
of any privileges,rights, defenses, remedies, or immunities available to the System Agency
or the State of Texas under the Grant Agreement or under applicable law shall not constitute
a waiver of such privileges,rights, defenses,remedies, or immunities or be considered as a
basis for estoppel. System Agency does not waive any privileges, rights, defenses, or
immunities available to System Agency by entering into the Grant Agreement or by its
conduct prior to or subsequent to entering into the Grant Agreement.
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11.20 ENTIRE CONTRACT AND MODIFICATION
The Grant Agreement constitutes the entire agreement of the Parties and is intended as a
complete and exclusive statement of the promises,representations,negotiations,discussions,
and other agreements that may have been made in connection with the subject matter hereof.
Any additional or conflicting terms in any future document incorporated into the Grant
Agreement will be harmonized with this Grant Agreement to the extent possible.
11.21 COUNTERPARTS
This Grant Agreement may be executed in any number of counterparts, each of which will
be an original, and all such counterparts will together constitute but one and the same Grant
Agreement.
11.22 PROPER AUTHORITY
Each Party represents and warrants that the person executing this Grant Agreement on its
behalf has full power and authority to enter into this Grant Agreement.
11.23 E-VEIUFY PROGRAM
Grantee certifies that it utilizes and will continue to utilize the U.S. Department of
Homeland Security's E-Verify system to determine the eligibility of:
A. all persons employed to perform duties within Texas during the term of the Grant
Agreement; and
B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant
to the Grant Agreement within the United States of America.
11.24 CIVIL RIGHTS
A. Grantee agrees to comply with state and federal anti-discrimination laws, including:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
vii. The System Agency's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Grant Agreement.
B. Grantee agrees to comply with all amendments to the above-referenced laws, and all
requirements imposed by the regulations issued pursuant to these laws. These laws
provide in part that no persons in the United States may, on the grounds of race, color,
national origin, sex, age, disability,political beliefs, or religion,be excluded from
participation in or denied any aid, care, service or other benefits provided by Federal or
State funding, or otherwise be subjected to discrimination.
C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its
implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a
contractor from adopting and implementing policies and procedures that exclude or have
the effect of excluding or limiting the participation of clients in its programs,benefits, or
activities on the basis of national origin. State and federal civil rights laws require
contractors to provide alternative methods for ensuring access to services for applicants
and recipients who cannot express themselves fluently in English. Grantee agrees to take
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reasonable steps to provide services and information, both orally and in writing, in
appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to
programs,benefits, and activities.
D. Grantee agrees to post applicable civil rights posters in areas open to the public
informing clients of their civil rights and including contact information for the HHS
Civil Rights Office. The posters are available on the HHS website at:
https://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil-rights-posters.
E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations
at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that
participates in programs funded by direct financial assistance from the United States
Department of Agriculture or the United States Department of Health and Human
Services shall not discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief.
F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the
Grantee's civil rights policies and procedures.
G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination
received relating to its performance under this Grant Agreement. This notice must be
delivered no more than ten (10) calendar days after receipt of a complaint. Notice
provided pursuant to this section must be directed to:
HHSC Civil Rights Office
701 W. 51st Street,Mail CodeW206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512)438-4313
Fax: (512)438-5885
Email: HHSCivilRightsOffice@hhsc.state.tx.us.
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS
Grantee shall conform to HHS standards for data management as described by the policies
of the HHS Chief Data and Analytics Officer. These include,but are not limited to,
standards for documentation and communication of data models, metadata, and other data
definition methods that are required by HHS for ongoing data governance, strategic portfolio
analysis, interoperability planning, and valuation of HHS System data assets.
11.26 DISCLOSURE OF LITIGATION
A. The Grantee must disclose in writing to the contract manager assigned to this Grant
Agreement any material civil or criminal litigation or indictment either threatened or
pending involving the Grantee. "Threatened litigation"as used herein shall include
governmental investigations and civil investigative demands. "Litigation"as used herein
shall include administrative enforcement actions brought by governmental agencies. The
Grantee must also disclose any material litigation threatened or pending involving
Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material"
refers,but is not limited,to any action or pending action that a reasonable person
knowledgeable in the applicable industry would consider relevant to the Work under the
Grant Agreement or any development such a person would want to be aware of in order
to stay fully apprised of the total mix of information relevant to the Work, together with
HHS Uniform Terms and Conditions—Grant v.3.0
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any litigation threatened or pending that may result in a substantial change in the
Grantee's financial condition.
B. This is a continuing disclosure requirement; any litigation commencing after Grant
Agreement Award must be disclosed in a written statement to the assigned contract
manager within seven calendar days of its occurrence.
11.27 NO THIRD PARTY BENEFICIARIES
The Grant Agreement is made solely and specifically among and for the benefit of the
Parties named herein and their respective successors and assigns, and no other person shall
have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on
account of the Grant Agreement as a third-party beneficiary or otherwise.
11.28 BINDING EFFECT
The Grant Agreement shall inure to the benefit of,be binding upon, and be enforceable
against each Party and their respective permitted successors, assigns,transferees, and
delegates.
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Attachment F.6
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
The certifications enumerated below represent material facts upon which DSHS relies when reporting
information to the federal government required under federal law. If the Department later determines
that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available
remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate
written notice to DSHS if at any time Signor learns that any of the certifications provided for below were
erroneous when submitted or have since become erroneous by reason of changed circumstances. If the
Signor cannot certify all of the statements contained in this section, Signor must provide written
notice to DSHS detailing which of the below statements it cannot certify and why.
Legal Name of Contractor: FFATA Contact#1 Name, Email and Phone Number:
Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number:
ZIP Code: 9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov
State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits
Printed Name of Authorized Representative Signature of Authorized Representative
Title of Authorized Representative Date
- 1 -
Department of State Health Services Form 4734—June 2013
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
Attachment F.6
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
As the duly authorized representative (Signor) of the Contractor, I hereby certify that
the statements made by me in this certification form are true, complete and correct to
the best of my knowledge.
Did your organization have a gross income, from all sources, of less than $300,000
in your previous tax yeaf1 Yes f l No
If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification.
If your answer is "No", answer questions "A" and "B".
A. Certification Regarding%of Annual Gross from Federal Awards.
Did your organization receive 80% or more of its annual gross revenue from federal
awards during the preceding fiscal year? Yes No
B. Certification Regarding Amount of Annual Gross from Federal Awards.
Did your organization receive $25 million or more in annual gross revenues from federal
awards in the preceding fiscal year? Yes No
If your answer is "Yes" to both question "A" and "B",you must answer question "C".
If your answer is "No" to either question "A" or "B", skip question "C" and finish the
certification.
C. Certification Regarding Public Access to Compensation Information.
Does the public have access to information about the compensation of the senior
executives in your business or organization (including parent organization, all branches,
and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986? I I Yes No
If your answer is "Yes"to this question,where can this information be accessed?
If your answer is "No" to this question, you must provide the names and total
compensation of the top five highly compensated officers below.
For example:
John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000;
Sally Tom:300000
Provide compensation information here:
- 2 -
Department of State Health Services Form 4734—June 2013
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
Attachment G
Individual Work Plan
Public Health Emergency Preparedness
Work Plan and Vulnerable Populations Plan Template
Budget Period (BP) 4- FY23
Term: 7/1/2022 - 6/30/2023
Due: January 25, 2022
Jurisdiction: City of Port Arthur/South Jefferson County
Report Completed by: Martha Simien MA MEd
Email: martha.simien@portarthurtx.gov
Phone: 409-983-8848
Instructions: This template should be used to outline the work plan for Budget Period
(BP) 4 - FY23 and provide a general summary of planned activities. Jurisdiction should:
• Select three (3) or more capabilities to work on in BP4- FY23.
• Develop the work plan by identifying jurisdictional needs within a capability,
assessing current resources, and developing a plan to address identified gaps.
Work Plan tasks and activities may be linked to the ongoing COVID-19 response.
• Carrying capabilities forward from previous budget periods: Capabilities for
BP4- FY23 may be the same as prior year selections. If the jurisdiction intends to
carry work forward from BP3 - FY22 to BP4 - FY23, please mark this on page 3.
• Changing capabilities: Capabilities can be changed during the budget period. If
there is a change to capabilities, please email a notification to the PHEP email
inbox (PHEP@dshs.texas.gov).
• Medical Countermeasures: If Capabilities 8 and/or 9 (medical countermeasures)
are selected, jurisdictions must select at least one (1) additional capability.
• Complete the Vulnerable Populations Planning Module.
Please email the completed jurisdictional work plan to the PHEP email inbox
(PHEP@dshs.texas.gov) by January 25, 2022.
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Public Health Emergency Preparedness
Work Plan Template
Work Plan Executive Summary:
Please provide a very brief overview of the jurisdiction's goals for BP4 - FY23.
This brief summary for BP4-FY-23; The City of Port Arthur Public Health Department will
be working with stakeholders, private medical providers, office of Emergency Managers,
hospitals, medical facilities, and industry partners to develop resources and response
mechanisms for two fields, specifically: COVID-19 vaccination and environmental
disaster and response. Furthermore, COVID response will include vaccinations, testing,
and patient education. COVID response is still on the forefront, but natural or man-made
disasters could strike or occur at any moment; as we enter into the FY-23, our response
activities may shift to meet demand for our operational objectives, our activities and
goals outlined for FY-23 are subject to change.
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Capabilities
FY22: Please mark the capabilities that were addressed during BP3- FY22 in the column
labeled FY22.
FY23: Please mark three (3) capabilities that will be addressed during BP4 - FY23 in the
column labeled FY23.
COVID-19 Carryover: Please mark if capabilities that will be carried over to FY23 due
to COVD-19 response activities in the column labeled COVID-19 Carryover.
CAPABILITY FY22 FY23 COVID-19
Carryover
Community Preparedness X X X
Community Recovery E
Emergency Operations Coordination X X X
Emergency Public Information and Warning 0 X �
Fatality Management 0 0 0
Information Sharing X X X
Mass Care
Medical Countermeasures Dispensing and Administration X X X
Medical Materiel Management and Distribution X ❑ X
Medical Surge 0
Nonpharmaceutical Intervention X X LI
Public Health Laboratory Testing
Public Health Surveillance and Epidemiological X X X
Investigation
Responder Safety and Health X 0 �
Volunteer Management X X X
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Capability
X Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
❑ Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
❑ Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of (Due to COVID-19); Community preparedness is one capability that Port
current relevant Arthur Public Health will continue to focus on annually due to the wide-
resources: array of emergencies, and or specific scenarios that can be worked on for
each FY. This FY the Port Arthur Health Department will be working with
our stakeholders, Office of Emergency Managers, private medical
providers, hospitals, free standing medical facilities, County clinics,
(SNCA)Sabine Neches Chief Association and industry partners to develop
resources and response mechanism. COVID-19 response is still on the
forefront, but natural or man-made disasters could strike at any
moment.
Identified Goal is to increase base funding for preparedness programs.
needs/gaps: Patient education campaign for vulnerable populations, which includes
home bound, homeless, non-English speaking and the Elderly
populations and their respective families
Objective(s): 1). Coordinate training and provide guidance to support community
involvement with public health efforts.
2). Strengthen community partnerships to support PHEP activities.
Outcome(s): 1) The Port Arthur Health Department will work with all community
Partners to continue to develop resources that will help facilitate
activities and events that will help the community be prepared for
natural and man-made disasters. Plans will be in place that will help
the department, be knowledgeable and prepared to activate response
plans.
2). Port Arthur Health Department will have a more comprehensive
stakeholder list for flow of information to ensure common operating
views which will help maintain the department from applicable parties.
Output(s): PAPH will have a more standard and comprehensive approach when
faced with real worldwide emergencies and disasters
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Supporting Activities
Activity Description Lead Assigned Contributing Consultant Estimated
Personnel Partners (if any) Date of
(if any) Completion
Mobil Strike Team for Vulnerable PHEP PAHD, COVID N/A 6/30/2023
population continue outreach and Vaccination
vaccination distribution. Strike Team
Lead
Environmental detection PHEP PAHD, N/A 6/30/2023
capabilities and resources to be (SNCA)Sabine
enhanced through continued Neches Chief
meetings with private/public Association,
industry partners and City
stakeholders. emergency
managers
Continued collaboration with PHEP PAHD The N/A 06/30/2023
community to increase Health
vaccinations Disparities
team
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
x Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
Capability 6: Information Sharing
❑ Capability 7: Mass Care
0 Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
Capability 11: Nonpharmaceutical Interventions
O Capability 12: Public Health Laboratory Testing
❑ Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
O Capability 15: Volunteer Management
Assessment of current The city of Port Arthur Health Department currently utilizes
relevant resources: established information sharing and dissemination channels;
i.e. (city website, city government television channel, local
television & radio outlets, blackboard connect (city and county
wide automated messaging system) and social media
platforms.
Identified needs/gaps: No insurmountable needs or gaps at this present time.
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Objective(s): The objective is to clearly share and disseminate pertinent
emergency all hazards information too and among community
stakeholders both public and private as well as its citizens.
Outcome(s): The outcome is established open and seamless lines of
communication for information sharing/dissemination.
Output(s): Clear precise messaging/information sharing for the community and
stakeholders.
Supporting Activities
Activity Description Lead Assigned Contributin Consult Estimated
Personnel g Partners ant Date of
(if any) (if any) Completio
n
Provide current and continuing messaging City PIO, City Local N/A 6/30/23
regarding covid-19 Emergency media
surveillance/countermeasures/prevention. Managers, City outlets
Health television,
Provide current and continuing messaging Official/Director radio and
regarding emergency/non-emergency print
communications via the cities automated call
out system and other existing local
communication channels.
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
X Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
O Capability 11: Nonpharmaceutical Interventions
O Capability 12: Public Health Laboratory Testing
O Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of The City of Port Arthur Public Health activated emergency operations for
current relevant all of FY22-23. Due to additional funding opportunities, PAHD was able to
resources: hire employees to solely focus on COVID -19 response. Should the need
for a booster be determined and/or positive cases continue to rise,
COVID emergency ops would reprise. The reason for selecting
Emergency Operations Coordination (EOC) this FY is similar to the
assessment seen in community preparedness. Port Arthur is vulnerable
to natural disasters. Managing emergencies presents unique challenges,
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as seen with the hurricanes and tropical storm and winter ice storm that
can occur. Should a disaster strike while COVID response activities are
still being carried out, PAHD will continue to be focused on preparing for
EOC activation to manage and sustain public health response
Identified COVID employee burnout, funding increase for PHEP.
needs/gaps:
Objective(s): 1) Emergency operations for COVID and natural/man-made disasters
but not limited to environmental detection as noted in community
preparedness.
2) The most feasible response is to develop incident response
strategies for threat and hazards
Outcome(s): 1) PHEP/Epi will work with community partners to increase case
reporting, vaccine rates in South Jefferson County with the
knowledge of potential threats/hazards that could arise and cause
further action of Emergency Operations Coordination (EOC).
2) Continued collaboration with all stakeholders to troubleshoot,
forecast, and exercise specific activities
Output(s): PAHD will have a more standard and comprehensive approach when
faced with real worldwide emergencies and disasters
Supporting Activities
Activity Description Lead Assigned Contributing Consultant Estirni_r_
Personnel Partners (if any) Date of
(if any) Completion
Utilize mobile COVID-19 PHEP PAHD, Strike N/A 6/30/23
vaccination strike team to Team Lead,
continue planning outreach, Hospitals
meetings to culminate in exercise,
community partners, and
educational materials for patients.
Continue covid-19 vaccinations
utilizing fixed vaccination clinic.
Continued collaboration with PHEP EPI/COVID N/A 6/30/23
community to increase COVID Staff, OEM's,
case investigation/contact tracing CountyOEM,
and COVID vaccinations in South
SNCA
Jefferson County.
The environmental detection PHEP COVID Staff, N/A 6/30/23
capabilities and resources to be City OEM's,
enhanced through continued County OEM,
meetings with jurisdictional SNCA
partners and stakeholders to
ensure continuity of response to
environmental threats and
hazards.
7 I Page
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
O Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
X Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
O Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of Local health department will continue disseminate information
current relevant regarding mask wearing, social distancing, hand washing and other
resources: non-pharmaceutical intervention strategies.
Identified Personnel and funding
needs/gaps:
Objective(s): 1. Continue to work with partners and subject matter experts to
implement non pharmaceutical interventions in the community to
mitigate the spread of COVID-19 variants and any new threat that
could arise during the response to COVID-19 including season
influenza and other communicable diseases
2. Continue to monitor, evaluate, update, change and discontinue
non pharmaceutical interventions where warranted in conjunction with
partners/stakeholders; Information sharing.
Outcome(s): Nonpharmaceutical interventions will be updated and communicated to
public to help protect the public health
Output(s):
Supporting Activities
Activity Description Lead Assigned Contributing Consultant Estimated
Personnel Partners (if any) Date of
(if any) Completion
Continue communication PHEP/ N/A June 2023
campaigns through PIO and EPI, Epi/COVID -
COVID strike teams to keep strike team
8I
DocuSign Envelope ID:15E443B0-EDD2-4906-B870-A39659C96510
community partners abreast of
latest guidelines and procedures
Ensure communication channel is PHEP/ Epi N/A June 2023
two-way, allowing for partners to
give feedback and allow for
flexibility with any additional
intervention or procedural change
when warranted by either the
CDC,DSHS and Region 65 S
Continue weekly meetings with PHEP/ Epi N/A June 2023
leadership to evaluate efficacy of
current nonpharmaceutical
intervention
Continue weekly and monthly PHEP/ Epi N/A June 2023
conference calls with DSHS,PHEP-
C and SETRAC for latest updates
on nonpharmaceutical
interventions
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
O Capability 6: Information Sharing
❑ Capability 7: Mass Care
❑ Capability 8: Medical Countermeasure Dispensing and Administration
O Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
O Capability 12: Public Health Laboratory Testing
X Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of Local health department will continue to utilize its existing covid-
current relevant 19/disease surveillance unit in conjunction with its current
resources: epidemiological case investigation capabilities. This unit is primarily
fully staffed and operates at around ninety percent capacity.
Identified Lack of personnel and more funding needed
needs/gaps:
Objective(s): Continue to conduct public health surveillance and epidemiological
investigations allowing for scaling of staff and measures as deemed by
Local Health Director and Authority, DSHS and Regional partners through
monitoring and analyzing the mitigation actions enacted to date. (ie,
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DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
data work, scaling staff, changing procedures)
Outcome(s): Decision makers will be better equipped to adjust response operations
where needed
Output(s):
Supporting Activities
Activity Description Lead Assigned Contributing Consultant Estimated
Personnel Partners (if any) Date of
(if any) Completion
Continue daily investigations and PHEP/ Epi June 2023
surveillance measures while
analyzing the need for scaling up
or down depending on testing,
reporting and variants.
Meet routinely with local health PHEP/ Epi June 2023
authority and leadership to
analyze trends in the community,
region, state and nation.
develop protocol of actionable PHEP/ Epi June 2023
levels that would warrant scaling
in staff/resources.
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
O Capability 3: Emergency Operations Coordination
O Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
O Capability 6: Information Sharing
❑ Capability 7: Mass Care
O Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
❑ Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
X Capability 15: Volunteer Management
Assessment of Since the onset of response activities to COVID-19, the total number of
current relevant volunteers has doubled. Volunteer engagement continues through
resources: utilization at vaccine outreach campaigns. The COVID vaccination strike
team was developed to provide vaccination to those unable to travel to
the COVID vaccine clinic. Current resources allowed the PAHD to hire
licensed nurses to operate and work the strike team. Volunteers assist
with providing necessary information about those who need having the
strike team provide vaccination services in the home.
101 Page
DocuSign Envelope ID: 15E443B0-EDD2-4906-B870-A39659C96510
Identified More Funding.
needs/gaps:
Objective(s): 1) Continue work with PAHD homebound initiative, COVID testing, and
vaccination programs for vulnerable populations
2) Continue monthly meetings and BLS Provider, trainings to inform and
retain volunteer Nurses, students (Lamar State College)
Outcome(s): 1) Measurable community involvement of volunteers. Continued
recruiting of volunteers.
Output(s): Retain volunteers
Supporting Activities
Activity Description Lead Assigned Contributing Consultant Estimated
Personnel Partners (if any) Date of
(if any) Completion
PAHD Strike -team Homebound PHEP; Strike N/A 6/30/23
Initiative Covid-19 Vaccination team Lead
Program
PAPHD Homebound COVID-19 PHEP; Strike PAHD N/A 6/30/23
Testing Program team Lead
Monthly Meetings/ Provider PHEP; Strike N/A 6/30/23
updates Trainings team Lead
11 I , q
DocuSign Envelope ID: 15E443130-EDD2-4906-B870-A39659C96510
Vulnerable Population Planning Module
1. Select all vulnerable population partners with whom you plan to work during
BP4- FY23
x Elderly
X Immunocompromised
X Non-English speakers
X Individuals who are homeless
0 Individuals with end stage renal disease
X Individuals with chronic health conditions
X Individuals with mental illness (es)
X Uninsured children
0 Immigrants/refugees
X Economically disadvantaged
El other, specify:
2. How will the jurisdiction involve this/these vulnerable population partner(s) in
preparedness activities/planning in the next year?
Continue to identify vulnerable population partners who will be involved
with the health Department's health disparities team and Mobile COVID-19
Vaccination Strike Team. The goals of this team are as follows:
1. Continue to build sustainable relationships in targeted populations
disproportionately impacted by COVID-19.
2. Develop and implement information sharing and learning opportunities
with partners in targeted communities.
3. Work with targeted populations to identify and document ideas on how
to increase vaccination rates in targeted communities.
4. Identify and target populations disproportionately impacted by COVID-19
Throughout this pandemic the Homebound Covid-19 Vaccination, initiative
and testing program is assigned to work with individuals that are
homebound, indigent, homeless, elderly, physically disabled and/or
12 1 Page
DocuSign Envelope ID:15E443B0-EDD2-4906-13870-A39659C96510
mentally challenged, economically disadvantaged and financially
independent.
3. How will these populations be engaged in upcoming 8P3 exercises?
PAHD is still actively responding to COVID-19 along with the increase spike of the
new variant Omicron and with the health disparities grant funds, the health
department continue to provide late vaccination clinic and host community town hall
meetings with local community leader to devise plans to make sure vulnerable
populations are fully educated on the importance of disaster preparedness, COVID
vaccinations and other health needs.
4. Please provide any additional comments, if applicable.
Due to so much uncertainty surrounding the COVID-19 response, these response
plans and community engagement goals are subject to change.
Through the Public Workforce grant funds, an additional nurse was hired temporarily
to assist in the immunization clinic and to help increase the workforce during the
pandemic. Forming the COVID task force team has helped us stay connected to the
vulnerable population.
13 1 Page
DocuSign
Certificate Of Completion
Envelope Id: 15E443B0EDD24906B870A39659C96510 Status:Sent
Subject:537-18-0120-00001,City of Port Arthur,A-6,CPS/Hazards
Source Envelope:
Document Pages:58 Signatures:0 Envelope Originator:
Certificate Pages:5 Initials:0 CMS Internal Routing Mailbox
AutoNav: Enabled 11493 Sunset Hills Road
Envelopeld Stamping:Enabled #100
Time Zone:(UTC-06:00)Central Time(US&Canada) Reston,VA 20190
CMS.InternalRouting@dshs.texas.gov
IP Address: 160.42.85.9
Record Tracking
Status:Original Holder:CMS Internal Routing Mailbox Location:DocuSign
3/22/2022 2:51:39 PM CMS.InternalRouting@dshs.texas.gov
Signer Events Signature Timestamp
Judith A.Smith, BSN,RN Sent:3/22/2022 3:05:04 PM
erika.flores@portarthurtx.gov
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Ron Burton,City Manager
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Jonah Wilczynski
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Electronic Record and Signature Disclosure:
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Patty Melchior
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David Gruber
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Judith A. Smith,BSN,RN COPIED Sent:3/22/2022 3:05:03 PM
judith.smith@portarthurtx.gov Viewed:3/22/2022 4:41:26 PM
Director of Health Services
City of Port Arthur
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 9/14/2020 7:10:18 PM
Parties agreed to: Ron Burton,City Manager, Jonah Wilczynski,Patty Melchior,David Gruber,Judith A.Smith,BSN, RN
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