HomeMy WebLinkAboutPR 23179: CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE HEALTH SERVICES, RLSS-LOCAL PUBLIC HEALTH SYSTEM. THERE IS NO CASH MATCH PJ 33fl9
City of
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Texas
Date: May 22, 2023
To: Ron Burton, City Manager
From: Judith A. Smith, RN,BSN, Director of Health Services
RE: Contract Approval between the City of Port Arthur and the Department of State Health
Services, RLSS-Local Public Health System. There is no Cash Match.
Nature of the Request: This contract renewal will allow the City's Health Department to
continue a broad range of essential public health services by improving and/or strengthening
local public health infrastructure through assessment, monitoring, and evaluation of essential
public health services. The total amount of the contract will not exceed $335,034.00 for two
years. The contract term is from September 1, 2023,through August 31, 2025.
Staff Analysis, Considerations: The grant partially funds 3 full-time employees. The
employees include the Disease Intervention Specialist, the Tuberculosis Nurse, and an
Administrative Clerk II.
Recommendations: The Health Department recommends the City Council's approval of P.R.
No.23179, FY 2024-2025, the two-year contract between the City of Port Arthur and the
Department of State Health Services, RLSS-Local Public Health System in the amount of
$335,034.00. The total allocation amount for FY 24 is $167,517.00 and the total amount for FY
25 is $167,517.00.
Budget Considerations: This grant will cover a portion of the salaries and fringe for 3 full-time
employees.
"REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.O.BOX 1089•PORT ARTHUR,IX 77641-1089.409/983-8101•FAX 409/982-6743
P.R.No. 23179
05/22/2023 js
RESOLUTION NO.
A RESOLUTION APPROVING FY 2024-2025 CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE
HEALTH SERVICES, RLSS-LOCAL PUBLIC HEALTH SERVICES IN
THE NOT TO EXCEED AMOUNT OF $335,034.00 FOR THE PERIOD
SEPTEMBER 1, 2023 THROUGH AUGUST 31, 2025. NO MATCH
REQUIRED.
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; and,
WHEREAS, this contract renewal will allow the City's Health Department to continue a
broad range of essential public health services by improving and/or strengthening local public
health infrastructure through assessment, monitoring and evaluation of essential public health
services with a total grant award of $335,034 for the period of September 1, 2023 through
August 31, 2025. The total allocation amount for FY 2024 (September 1, 2023 through August
31, 2024) is $167,517.00, and the total amount for FY 2025 (September 1, 2024 through August
31, 2025) is $167,517.00.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That,the facts and opinions in the preamble are true and correct.
Section 2. That, the City Council of the City of Port Arthur hereby approves the
contract renewal between the City of Port Arthur and the Department of State Health Services.
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
P.R.No. 23179
05/22/2023-js
execute the contract between the Department of State Health Services and the City of Port
Arthur, Texas,to continue this preventive health program as delineated in Exhibit"A".
Section 4. That, a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED, AND APPROVED, this day of June, 2023, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
4/ ,
Val Tizeno, Ci
P.R. No. 23179
05/22/2023-js
APPROVED FOR ADMINISTRATION:
uo A- drn�
Ron Burton, City Manager JuditlA. Smith, Director of Health Services
EXHIBIT "A"
DocuSign Envelope ID:AO7BAO6C-A2F0-4D46-8CF4-613A03594032
SIGNATURE DOCUMENT FOR
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
GRANT AGREEMENT
CONTRACT No.HHS001324900044
UNDER THE
REGIONAL AND LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SERVICES
GRANT PROGRAM
The parties to this agreement ("Grant Agreement" or "Contract") are The Department of State
Health Services ("DSHS" or "System Agency"), a pass-through entity, and City of Port Arthur
("Grantee"), having its principal office at 449 Austin Avenue Port Arthur, TX, 77640 (each a
"Party" and collectively the"Parties").
I. PURPOSE
The purpose of this Grant Agreement is for Grantee to provide local public health services to
improve or strengthen local public health within the State of Texas in State Fiscal Year(FY)2024
and FY 2025.
II. LEGAL AUTHORITY
This Grant Agreement is entered into and is authorized by and in compliance with the provisions
under the authority of the Texas Health and Safety Code Chapters 12 and 1001, as applicable.
III. DURATION
This Grant Agreement is effective on September 1, 2023, and expires on August 31, 2025, unless
sooner terminated pursuant to the terms and conditions of the Grant Agreement. This Grant
Agreement does not include renewals.
IV. STATEMENT OF WORK
The Statement of Work to which Grantee is bound is incorporated into and made a part of this
Grant Agreement for all purposes and included as ATTACHMENT A, FY2024/2025 STATEMENT
OF WORK.
V. BUDGET
The total amount of this Grant Agreement will not exceed$335,034.00. Grantee is not required to
provide matching funds.
The total not-to-exceed amount includes the following:
Total Federal Funds: $194,638.00
Total State Funds: $140,396.00
DSHS Grant Agreement,Contract#HHS001324900044
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The total allocation amount for FY2024 (September 1, 2023, through August 31, 2024) is
$167,517.00.
The total allocation amount for FY2025 (September 1, 2024, through August 31, 2025) is
$167,517.00.
All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B,
FY2024/2025 BUDGET.
VI. REPORTING REQUIREMENTS
Grantee shall submit the following reports:
REPORT FREQUENCY DUE DATE DSHS EMAIL ADDRESSES
TO SUBMIT REPORT
March 29,2024 Invoices@dshs.texas.gov;
Financial Status The last business day of the FSRGrants(&dshs.texas.gov;
Report(FSR)— month following the end of October 15,2024 copy to the System Agency
Biannual each second fiscal quarter
AND forty-five(45) representative identified in
calendar days following the March 31,2025 SECTION VII, CONTRACT
end of each fourth fiscal REPRESENTATIVES,of this Grant
October 15,2025 Agreement
quarter.
Invoices/Requests The last business day of the October 31,2023 Invoices@dshs.texas.gov;
for Reimbursement month following the month CMSInvoices@dshs.texas.gov;
—Monthly in which expenses were November 30,2023 copy to the System Agency
incurred. representative identified in
December 29,2023 SECTION VII,CONTRACT
REPRESENTATIVES,of this
January 31,2024 Grant Agreement
February 29,2024
March 29,2024
April 30,2024
May 31,2024
June 28,2024
July 31,2024
August 30,2024
DSHS Grant Agreement,Contract No.#HHS001324900044
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RIF
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September 30,2024
October 31,2024
November 29,2024
December 31,2024
January 31,2025
February 28,2025
March 31,2025
April30,2025
May 30,2025
June 30,2025
July 31,2025
August 29,2025
September 30,2025
DSHS Contractor's Once per State Fiscal Year. October 15,2023 FSOequip(a,dshs.texas.gov;
Property Inventory copy to the System Agency
Report(Form GC- October 15,2024 representative identified in
11)—Annual SECTION VII,CONTRACT
REPRESENTATIVES,of this
Grant Agreement
Performance Report The last calendar day of the December 31,2023 LocalPHTeam(cudshs.texas.gov;
—Quarterly month following the end of copy to the System Agency
each fiscal quarter. March 31,2024 representative identified in
SECTION VII,CONTRACT
NOTE:The final June 30,2024 REPRESENTATIVES,of this
performance report for each Grant Agreement
fiscal year is submitted with September 30,2024
the fourth quarter report for
each fiscal year.Therefore, December 31,2024
both the final performance
report and fourth quarter March 31,2025
report will be submitted on
September 30,2024,and June 30,2025
September 30,2025,
respectively. September 30,2025
DSHS Grant Agreement,Contract No.#HHS001324900044
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VII. CONTRACT REPRESENTATIVES
The following will act as the Contract representative ("Contract Representative") authorized to
administer activities under this Grant Agreement on behalf of their respective Party.
System Agency Grantee
Elma Medina Judith Smith, BSN, RN
Texas Department of State Health City of Port Arthur
Services 449 Austin Avenue
1100 W 49th Street, MC 1990 Port Arthur, TX,77640
Austin, Texas 78756 Judith.smithna,portarthurtx.gov
elma.medina@dshs.texas.gov
VIII. NOTICE REQUIREMENTS
A. All notices given by Grantee shall be in writing, include the Grant Agreement contract
number, comply with all terms and conditions of the Grant Agreement, and be delivered to
the System Agency's Contract Representative identified above.
B. Grantee shall send legal notices to System Agency at the address below and provide a copy
to the System Agency's Contract Representative:
Health and Human Services Commission
Attn: Office of Chief Counsel
4601 W. Guadalupe,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, Texas 78756
C. Notices given by System Agency to Grantee may be emailed, mailed, or sent by common
carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent
by mail shall be deemed delivered when deposited by the System Agency in the United States
mail, postage paid, certified, return receipt requested. Notices sent by common carrier shall
be deemed delivered when deposited by the System Agency with a common carrier,
overnight, signature required.
D. Notices given by Grantee to System Agency shall be deemed delivered when received by
System Agency.
E. Either Party may change its Contract Representative or Legal Notice contact by providing
written notice to the other Party.
DSHS Grant Agreement,Contract No.#I-IllS001324900044
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IX. FEDERAL AWARD INFORMATION
GRANTEE'S UNIQUE ENTITY IDENTIFIER IS: ZGJ2Q8HMAC63
Federal funding under this Grant Agreement is a subaward under the following federal
award.
Federal Award Identification Number(FAIN): NB010T009461
A. Assistance Listings Title, Number, and Dollar Amount: Centers for Disease Control and
Prevention (CDC), Preventive Health and Health Services Block Grant, 93.991,
$6,323,297.00.
B. Federal Award Date: August 16, 2023, and August 16,2024
C. Federal Award Period: October 1, 2022—September 30, 2024, and October 1, 2023 —
September 30, 2025
D. Name of Federal Awarding Agency: CDC
E. Federal Award Project Description: Preventive Health and Health Services Block Grant
F. Awarding Official Contact Information:
Ester Edward
Grants Management Officer
CDC Office of Grants Services, Branch 4
2929 Flowers Road
Atlanta, GA 30341
Telephone: 770-488-2852
Email: ece9@cdc.gov
G. Total Amount of Federal Funds Awarded to System Agency: $6,323,297.00
H. Amount of Funds Awarded to Grantee: $335,034.00
I. Identification of Whether the Award is for Research and Development: No
X. CONTRACT DOCUMENTS
The following documents are incorporated by reference and made a part of this Grant
Agreement for all purposes.
ATTACHMENT A— FY2024/2025 STATEMENT OF WORK
ATTACHMENT B— FY2024/2025 BUDGET
ATTACHMENT C— HHS CONTRACT AFFIRMATIONS, VERSION 2.2, EFFECTIVE MAY
2022
ATTACHMENT D— HHS UNIFORM TERMS AND CONDITIONS - GRANT, VERSION 3.2,
EFFECTIVE JULY 2022
ATTACHMENT E— HHS ADDITIONAL PROVISIONS—GRANT FUNDING,VERSION 1.0,
EFFECTIVE FEBRUARY 2021
ATTACHMENT F— HHS DATA USE AGREEMENT—TACCHO VERSION(LOCAL CITY
AND COUNTY ENTITIES),OCTOBER 23,2019
ATTACHMENT G— FEDERAL ASSURANCES—NON-CONSTRUCTION PROGRAMS
ATTACHMENT H— CERTIFICATION REGARDING LOBBYING
DSHS Grant Agreement,Contract No.#HHS001324900044
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ATTACHMENT I— FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
(FFATA)CERTIFICATION FORM
Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity
or inconsistency between or among any documents, all System Agency documents take
precedence over Grantee's documents and the Data Use Agreement takes precedence over all
other contract documents.
XI. SIGNATURE 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. Any services or work
performed by Grantee before this Grant Agreement is effective or after it ceases to be effective
are performed at the sole risk of Grantee.
SIGNATURE PAGE FOLLOWS
DSHS Grant Agreement,Contract No.#HHS001324900044
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SIGNATURE PAGE FOR DSHS GRANT AGREEMENT
CONTRACT No.HHS001324900044
DEPARTMENT OF STATE HEALTH CITY OF PORT ARTHUR
SERVICES
Signature Signature
Printed Name: Printed Name:
Title: Title:
Date of Execution: Date of Execution:
DSHS Grant Agreement,Contract No.#HHS001324900044
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Attachment A—FY2024/2025 Statement of Work
DSHS Contract No.HHS001324900044
ATTACHMENT A
FY2024/2025 STATEMENT OF WORK
I. GRANTEE RESPONSIBILITIES
Grantee will perform activities in support of the CDC Preventive Health and Health Services
Block Grant, as listed below.
A. Grantee shall perform the activities required under this Grant Agreement in the
following Texas county/counties: Jefferson County.
B. Grantee will comply with all applicable regulations, standards, and guidelines in effect
on the Effective Date of this Grant Agreement and as restated in subsequent
amendments, if applicable.
C. Grantee will work to improve or strengthen local public health infrastructure within the
State of Texas by:
1. Developing objective(s)to address a public health issue;
2. Utilizing resources provided through this Grant Agreement to conduct activities
and services that provide or support the delivery of essential public health
services;
3. Assessing, monitoring, and evaluating the essential public health activities and
services provided through this Grant Agreement; and
4. Developing strategies to improve the delivery of essential public health
service(s) to its identified service area(s).
D. Grantee will assess, monitor, and evaluate the essential public health activities in
accordance with the following standards:
1. National Public Health Performance Standards, approved by the CDC Healthy
People 2030 (Healthy People)related goals and objectives;
2. System Agency's programmatic grant guidance and performance standards
relative to this ATTACHMENT A,FY2024/2025 STATEMENT OF WORK; and
3. Federal, state or local laws or regulations governing the delivery of essential
public health services.
Other evaluation methods utilizing standards not listed in this section must be
preapproved in writing by System Agency.
E. Grantee shall implement its Project Service Delivery Plan ("PSDP"), as stated in its
FY2024/2025 Local Public Health Services Application. Grantee's PSDP in the
FY2024/2025 Local Public Health Services Application has been approved by System
Agency and is incorporated by reference and made part of this Grant Agreement as if
fully set forth herein.Any changes to the approved PSDP will require System Agency's
written approval.
Page 1 of 4
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Attachment A—FY2024/2025 Statement of Work
DSHS Contract No.HHS001324900044
F. Grantee shall submit quarterly performance reports, including a final performance
report each fiscal year, that describes progress toward achieving the objectives
contained in Grantee's approved PSDP. The quarterly performance reports must be
submitted to the following email addresses: (1)LocalPHTeam@dshs.texas.gov and(2)
the listed email address for the assigned System Agency Contract Representative
identified in SECTION VII,CONTRACT REPRESENTATIVES, of the Grant Agreement.
Grantee shall submit all quarterly performance reports by the last calendar day of the
month following the end of each fiscal quarter. The final performance report must be
submitted with each fourth quarter report. Failure to submit a required report by the due
date specified in this Grant Agreement constitutes breach of contract, may result in
delayed payment, and may adversely affect evaluation of Grantee's future contracting
opportunities with the department.
G. Grantee will maintain an inventory of the following: (1) equipment, (2) supplies
defined as"Controlled Assets"(see SECTION 7.4 OF ATTACHMENT D,HHS UNIFORM
TERMS AND CONDITIONS,-GRANT,VERSION 3.2,EFFECTIVE JULY 2022)and(3)real
property. Grantee will complete an annual cumulative report of the above stated items
on the form titled, "DSHS Contractor's Property Inventory Report (Form GC-11)."
Grantee will submit the Form GC-11,via email, to(1)FSOequip(a,dshs.texas.gov, and
(2) the assigned System Agency Contract Representative identified in SECTION VII,
CONTRACT REPRESENTATIVES, of the Grant Agreement. The Form GC-1 1 must be
submitted by no later than October 15th of each State Fiscal Year.
H. Grantee will submit Financial Status Reports ("FSRs") to System Agency, for review
and financial assessment biannually. The reporting periods are as follows:
1. September 1st through February 28th(or February 29th, if a leap year); and
2. March 1st through August 31st.
Specifically, Grantee will submit FSRs on the following timeline: (1) by no later than
the last business day of the month following the end of the second fiscal quarter and
(2)by no later than forty-five(45)calendar days following the end of each fourth fiscal
quarter.
The biannual FSRs are to be submitted, by the due dates identified above, to the
following email addresses:
1. Invoices(a dshs.texas.gov;
2. FSRGrants(a,dshs.texas.gov; and
3. The assigned System Agency Contract Representative identified in SECTION
VII,CONTRACT REPRESENTATIVES, of the Grant Agreement.
I. Grantee may not begin work or incur charges for FY2024 until System Agency issues
a written Notice to Proceed to Grantee, as funding for this Grant Agreement is
dependent on the award of both state (General Revenue) and federal grant funds.
System Agency's Notice to Proceed may include an amended or ratified budget which
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Attachment A—FY2024/2025 Statement of Work
DSHS Contract No.HHS001324900044
will be incorporated into this Grant Agreement 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.
J. Grantee shall provide notification of budget transfers by submitting a revised
Categorical Budget Form that highlights the areas affected by the budget transfer to the
assigned System Agency Contract Representative identified in SECTION VII,
CONTRACT REPRESENTATIVES, of the Grant Agreement. Grantee is advised as
follows:
1. Transferring funds between budget categories, other than the "Equipment" and
"Indirect Cost"categories, is allowable, but cannot exceed twenty-five percent
(25%) of the Grant Agreement value during each State Fiscal Year. If the
budget transfer(s) exceeds twenty-five percent (25%) of the total Grant
Agreement value in a State Fiscal Year, alone or cumulatively, a formal
amendment to the Grant Agreement is required; and
2. After review, the assigned System Agency Contract Representative identified
in SECTION VII,CONTRACT REPRESENTATIVES,of the Grant Agreement shall
provide notification of acceptance to Grantee via email, upon receipt of which,
the revised budget shall be incorporated into the Grant Agreement.
II. PERFORMANCE MEASURES
System Agency will monitor the Grantee's performance of the requirements in this
ATTACHMENT A, FY2024/2025 STATEMENT OF WORK, and compliance with the Grant
Agreement's terms and conditions.
III.INVOICE AND PAYMENT
A. Grantee will request payment using the State of Texas Purchase Voucher(Form B-13).The
Form B-13, and any supporting documentation, will be submitted by the last business day
of the month following the month in which expenses were incurred via electronic mail, fax,
or U.S. mail. DSHS prefers that the Form B-13, and any supporting documentation, be
submitted via electronic mail,but the other two methods are also acceptable.
Texas 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: invoicesadshs.texas.gov, CMSInvoices@,dshs.texas.gov, and the assigned System
Agency Contract Representative identified in Section VII,Contract Representatives,of the
Grant Agreement
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Attachment A—FY2024/2025 Statement of Work
DSHS Contract No.HHS001324900044
B. Upon providing acceptable supporting documentation for reimbursement of the required
services/deliverables, Grantee will be paid on a monthly basis and in accordance with
ATTACHMENT B,FY2024/2025 BUDGET, of this Grant Agreement.
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 Grant Agreement
amount, Grantee's budget may be subject to a decrease for the remainder of the term of the
Grant Agreement. Vacant positions existing after ninety(90) calendar days may result in
a decrease in funds.
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Attachment B—FY2024/2025 Budget
DSHS Contract No.HHS001324900044
ATTACHMENT B
FY2024/2025 BUDGET
Budget Categories FY2024 Budget FY2025 Budget 2 Year
Summary Summary Total Budget
(9/1/2023—8/31/2024) (9/1/2024—8/31/2025)
Personnel $142,631.00 $142,631.00 $285,262.00
Fringe Benefits $24,886.00 $24,886.00 $49,772.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00
Total Direct Costs $167,517.00 $167,517.00 $335,034.00
Indirect Costs $0.00 $0.00 $0.00
Subtotal of Total Direct Costs $167,517.00 $167,517.00 $335,034.00
and Indirect Costs
Less Match(Cash or In-Kind) $0.00 $0.00 $0.00
TOTAL $167,517.00 $167,517.00 $335,034.00
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HEALTH AND HUMAN SERVICES
Contract Number HHS001324900044
Attachment C CONTRACT AFFIRMATIONS
For purposes of these Contract Affirmations, HHS includes both the Health and Human Services
Commission(HHSC) and the Department of State Health Services (DSHS). System Agency
refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract
Affirmations apply to all Contractors and Grantees (referred to as "Contractor")regardless of
their business form(e.g., individual,partnership, corporation).
By entering into this Contract, Contractor affirms, without exception,understands, and agrees to
comply with the following items through the life of the Contract:
1. Contractor represents and warrants that these Contract Affirmations apply to Contractor
and all of Contractor's principals, officers, directors, shareholders,partners, owners,
agents, employees, subcontractors, independent contractors, and any other representatives
who may provide services under, who have a financial interest in, or otherwise are
interested in this Contract and any related Solicitation.
2. Complete and Accurate Information
Contractor represents and warrants that all statements and information provided to HHS
are current, complete, and accurate. This includes all statements and information in this
Contract and any related Solicitation Response.
3. Public Information Act
Contractor understands that HHS will comply with the Texas Public Information Act
(Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and
opinions of the Attorney General of the State of Texas. Information, documentation, and
other material prepared and submitted in connection with this Contract or any related
Solicitation may be subject to public disclosure pursuant to the Texas Public Information
Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is
required to make any information created or exchanged with the State pursuant to the
Contract, and not otherwise excepted from disclosure under the Texas Public Information
Act, available in a format that is accessible by the public at no additional charge to the
State.
4. Contracting Information Requirements
Contractor represents and warrants that it will comply with the requirements of Section
552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of
the Texas Government Code,the requirements of Subchapter J(Additional Provisions
Related to Contracting Information), Chapter 552 of the Government Code,may apply to
the Contract and the Contractor agrees that the Contract can be terminated if the
Contractor knowingly or intentionally fails to comply with a requirement of that
subchapter.
Health and Human Services
Contract Affirmations v.2.2
Effective May 2022
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5. Assignment
A. Contractor shall not assign its rights under the Contract or delegate the performance
of its duties under the Contract without prior written approval from System Agency.
Any attempted assignment in violation of this provision is void and without effect.
B. Contractor understands and agrees the System Agency may in one or more
transactions assign,pledge, or transfer the Contract. Upon receipt of System
Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with
System Agency in giving effect to such assignment,pledge, or transfer, at no cost to
System Agency or to the recipient entity.
6. Terms and Conditions
Contractor accepts the Solicitation terms and conditions unless specifically noted by
exceptions advanced in the form and manner directed in the Solicitation, if any, under
which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation,
as well as terms and conditions advanced by Contractor that differ in any manner from
HHS' terms and conditions, if any, are rejected unless expressly accepted by System
Agency in writing.
7. HHS Right to Use
Contractor agrees that HHS has the right to use, produce, and distribute copies of and to
disclose to HHS employees, agents, and contractors and other governmental entities all or
part of this Contract or any related Solicitation Response as HHS deems necessary to
complete the procurement process or comply with state or federal laws.
8. Release from Liability
Contractor generally releases from liability and waives all claims against any party
providing information about the Contractor at the request of System Agency.
9. Dealings with Public Servants
Contractor has not given, has not offered to give, and does not intend to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount,trip, favor, or service to a public servant in connection with this Contract or any
related Solicitation, or related Solicitation Response.
10. Financial Participation Prohibited
Under Section 2155.004, Texas Government Code (relating to financial participation in
preparing solicitations), Contractor certifies that the individual or business entity named
in this Contract and any related Solicitation Response is not ineligible to receive this
Contract and acknowledges that this Contract may be terminated and payment withheld if
this certification is inaccurate.
11. Prior Disaster Relief Contract Violation
Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to
convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other
disasters), the Contractor certifies that the individual or business entity named in this
Contract and any related Solicitation Response is not ineligible to receive this Contract
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and acknowledges that this Contract may be terminated and payment withheld if this
certification is inaccurate.
12. Child Support Obligation
Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor
certifies that the individual or business entity named in this Contract and any related
Solicitation Response is not ineligible to receive the specified payment and acknowledges
that the Contract may be terminated and payment may be withheld if this certification is
inaccurate. If the certification is shown to be false, Contractor may be liable for additional
costs and damages set out in 231.006(f).
13. Suspension and Debarment
Contractor certifies that it and its principals are not suspended or debarred from doing
business with the state or federal government as listed on the State of Texas Debarred
Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management(SAM)maintained by the General Services Administration. This
certification is made pursuant to the regulations implementing Executive Order 12549 and
Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant
regulations promulgated by the Department or Agency funding this project. This
provision shall be included in its entirety in Contractor's subcontracts, if any, if payment
in whole or in part is from federal funds.
14. Excluded Parties
Contractor certifies that it is not listed in the prohibited vendors list authorized by
Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons
Who Commit, Threaten to Commit, or Support Terrorism,"published by the United States
Department of the Treasury, Office of Foreign Assets Control.'
15. Foreign Terrorist Organizations
Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a
foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government
Code.
16. Executive Head of a State Agency
In accordance with Section 669.003 of the Texas Government Code, relating to
contracting with the executive head of a state agency, Contractor certifies that it is not(1)
the executive head of an HHS agency, (2) a person who at any time during the four years
before the date of this Contract was the executive head of an HHS agency, or(3)a person
who employs a current or former executive head of an HHS agency.
17. Human Trafficking Prohibition
Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the
individual or business entity named in this Contract is not ineligible to receive this
Contract and acknowledges that this Contract may be terminated and payment withheld if
this certification is inaccurate.
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18. Franchise Tax Status
Contractor represents and warrants that it is not currently delinquent in the payment of
any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.
19. Debts and Delinquencies
Contractor agrees that any payments due under this Contract shall be applied towards any
debt or delinquency that is owed to the State of Texas.
20. Lobbying Prohibition
Contractor represents and warrants that payments to Contractor and Contractor's receipt
of appropriated or other funds under this Contract or any related Solicitation are not
prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code
(relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying
expenses, or influence legislation).
21. Buy Texas
Contractor agrees to comply with Section 2155.4441 of the Texas Government Code,
requiring the purchase of products and materials produced in the State of Texas in
performing service contracts.
22. Disaster Recovery Plan
Contractor agrees that upon request of System Agency, Contractor shall provide copies of
its most recent business continuity and disaster recovery plans.
23. Computer Equipment Recycling Program
If this Contract is for the purchase or lease of computer equipment,then Contractor
certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and
Safety Code related to the Computer Equipment Recycling Program and the Texas
Commission on Environmental Quality rules in 30 TAC Chapter 328.
24. Television Equipment Recycling Program
If this Contract is for the purchase or lease of covered television equipment, then
Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas
Health and Safety Code related to the Television Equipment Recycling Program.
25. Cybersecurity Training
A. Contractor represents and warrants that it will comply with the requirements of
Section 2054.5192 of the Texas Government Code relating to cybersecurity training
and required verification of completion of the training program.
B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or
employees of Contractor have access to any state computer system or database,the
Contractor, Subcontractors, officers, and employees of Contractor shall complete
cybersecurity training pursuant to and in accordance with Government Code, Section
2054.5192.
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26. Restricted Employment for Certain State Personnel
Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government
Code, a former state officer or employee of a state agency who during the period of state
service or employment participated on behalf of a state agency in a procurement or
contract negotiation involving Contractor may not accept employment from Contractor
before the second anniversary of the date the Contract is signed or the procurement is
terminated or withdrawn.
27. No Conflicts of Interest
A. Contractor represents and warrants that it has no actual or potential conflicts of
interest in providing the requested goods or services to System Agency under this
Contract or any related Solicitation and that Contractor's provision of the requested
goods and/or services under this Contract and any related Solicitation will not
constitute an actual or potential conflict of interest or reasonably create an appearance
of impropriety.
B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is
made aware of a Conflict of Interest, Contractor will immediately and fully disclose
such interest in writing to System Agency. In addition, Contractor will promptly and
fully disclose any relationship that might be perceived or represented as a conflict
after its discovery by Contractor or by System Agency as a potential conflict. System
Agency reserves the right to make a final determination regarding the existence of
Conflicts of Interest, and Contractor agrees to abide by System Agency's decision.
28. Fraud,Waste, and Abuse
Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse.
Violations of law, agency policies, or standards of ethical conduct will be investigated,
and appropriate actions will be taken. Pursuant to Texas Government Code, Section
321.022, if the administrative head of a department or entity that is subject to audit by the
state auditor has reasonable cause to believe that money received from the state by the
department or entity or by a client or contractor of the department or entity may have
been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has
occurred in relation to the operation of the department or entity, the administrative head
shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO).
All employees or contractors who have reasonable cause to believe that fraud, waste, or
abuse has occurred(including misconduct by any HHS employee, Grantee officer, agent,
employee, or subcontractor that would constitute fraud, waste, or abuse) are required to
immediately report the questioned activity to the Health and Human Services
Commission's Office of Inspector General. Contractor agrees to comply with all
applicable laws, rules,regulations, and System Agency policies regarding fraud, waste,
and abuse including,but not limited to, HHS Circular C-027.
A report to the SAO must be made through one of the following avenues:
• SAO Toll Free Hotline: 1-800-TX-AUDIT
• SAO website: http://sao.fraud.state.tx.us/
All reports made to the OIG must be made through one of the following avenues:
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• OIG Toll Free Hotline 1-800-436-6184
• OIG Website: ReportTexasFraud.com
• Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us
• OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us.
• OIG Mailing Address: Office of Inspector General
Attn: Fraud Hotline
MC 1300
P.O. Box 85200
Austin,Texas 78708-5200
29. Antitrust
The undersigned affirms under penalty of perjury of the laws of the State of Texas that:
A. in connection with this Contract and any related Solicitation Response, neither I nor
any representative of the Contractor has violated any provision of the Texas Free
Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
B. in connection with this Contract and any related Solicitation Response, neither I nor
any representative of the Contractor has violated any federal antitrust law; and
C. neither I nor any representative of the Contractor has directly or indirectly
communicated any of the contents of this Contract and any related Solicitation
Response to a competitor of the Contractor or any other company, corporation, firm,
partnership or individual engaged in the same line of business as the Contractor.
30. Legal and Regulatory Actions
Contractor represents and warrants that it is not aware of and has received no notice of
any court or governmental agency proceeding, investigation, or other action pending or
threatened against Contractor or any of the individuals or entities included in numbered
paragraph 1 of these Contract Affirmations within the five (5)calendar years immediately
preceding execution of this Contract or the submission of any related Solicitation
Response that would or could impair Contractor's performance under this Contract,relate
to the contracted or similar goods or services, or otherwise be relevant to System
Agency's consideration of entering into this Contract. If Contractor is unable to make the
preceding representation and warranty, then Contractor instead represents and warrants
that it has provided to System Agency a complete, detailed disclosure of any such court
or governmental agency proceeding, investigation, or other action that would or could
impair Contractor's performance under this Contract,relate to the contracted or similar
goods or services, or otherwise be relevant to System Agency's consideration of entering
into this Contract. In addition, Contractor acknowledges this is a continuing disclosure
requirement. Contractor represents and warrants that Contractor shall notify System
Agency in writing within five (5)business days of any changes to the representations or
warranties in this clause and understands that failure to so timely update System Agency
shall constitute breach of contract and may result in immediate contract termination.
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31. No Felony Criminal Convictions
Contractor represents that neither Contractor nor any of its employees, agents, or
representatives, including any subcontractors and employees, agents, or representative of
such subcontractors, have been convicted of a felony criminal offense or that if such a
conviction has occurred Contractor has fully advised System Agency in writing of the
facts and circumstances surrounding the convictions.
32. Unfair Business Practices
Contractor represents and warrants that it has not been the subject of allegations of
Deceptive Trade Practices violations under Chapter 17 of the Texas Business and
Commerce Code, or allegations of any unfair business practice in any administrative
hearing or court suit and that Contractor has not been found to be liable for such practices
in such proceedings. Contractor certifies that it has no officers who have served as
officers of other entities who have been the subject of allegations of Deceptive Trade
Practices violations or allegations of any unfair business practices in an administrative
hearing or court suit and that such officers have not been found to be liable for such
practices in such proceedings.
33. Entities that Boycott Israel
Contractor represents and warrants that(1) it does not, and shall not for the duration of
the Contract,boycott Israel or(2) the verification required by Section 2271.002 of the
Texas Government Code does not apply to the Contract. If circumstances relevant to this
provision change during the course of the Contract, Contractor shall promptly notify
System Agency.
34. E-Verify
Contractor certifies that for contracts for services, Contractor shall utilize the U.S.
Department of Homeland Security's E-Verify system during the term of this Contract to
determine the eligibility of:
1. all persons employed by Contractor to perform duties within Texas; and
2. all persons, including subcontractors, assigned by Contractor to perform work
pursuant to this Contract within the United States of America.
35. Former Agency Employees—Certain Contracts
If this Contract is an employment contract, a professional services contract under Chapter
2254 of the Texas Government Code, or a consulting services contract under Chapter
2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas
Government Code, Contractor represents and warrants that neither Contractor nor any of
Contractor's employees including, but not limited to, those authorized to provide services
under the Contract,were former employees of an HHS Agency during the twelve (12)
month period immediately prior to the date of the execution of the Contract.
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36. Disclosure of Prior State Employment—Consulting Services
If this Contract is for consulting services,
A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor
providing consulting services who has been employed by, or employs an individual
who has been employed by, System Agency or another State of Texas agency at any
time during the two years preceding the submission of Contractor's offer to provide
services must disclose the following information in its offer to provide services.
Contractor hereby certifies that this information was provided and remains true,
correct, and complete:
1. Name of individual(s)(Contractor or employee(s));
2. Status;
3. The nature of the previous employment with HHSC or the other State of Texas
agency;
4. The date the employment was terminated and the reason for the termination; and
5. The annual rate of compensation for the employment at the time of its
termination.
B. If no information was provided in response to Section A above, Contractor certifies
that neither Contractor nor any individual employed by Contractor was employed by
System Agency or any other State of Texas agency at any time during the two years
preceding the submission of Contractor's offer to provide services.
37. Abortion Funding Limitation
Contractor understands, acknowledges, and agrees that, pursuant to Article IX of the
General Appropriations Act(the Act), to the extent allowed by federal and state law,
money appropriated by the Texas Legislature may not be distributed to any individual or
entity that, during the period for which funds are appropriated under the Act:
1. performs an abortion procedure that is not reimbursable under the state's Medicaid
program;
2. is commonly owned, managed, or controlled by an entity that performs an abortion
procedure that is not reimbursable under the state's Medicaid program; or
3. is a franchise or affiliate of an entity that performs an abortion procedure that is not
reimbursable under the state's Medicaid program.
The provision does not apply to a hospital licensed under Chapter 241, Health and Safety
Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor
represents and warrants that it is not ineligible, nor will it be ineligible during the term of
this Contract,to receive appropriated funding pursuant to Article IX.
38. Funding Eligibility
Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 (eff.
Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that
Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion
provider. Contractor certifies that it is not ineligible to contract with HHSC under the
terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code.
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39. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment(2 CFR 200.216)
Contractor certifies that the individual or business entity named in this Response or
Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR
200.216.
40. COVID-19 Vaccine Passports
Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that
it does not require its customers to provide any documentation certifying the customer's
COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to
receive service from the Contractor's business. Contractor acknowledges that such a
vaccine or recovery requirement would make Contractor ineligible for a state-funded
contract.
41. Entities that Boycott Energy Companies
In accordance with Senate Bill 13,Acts 2021, 87th Leg., R.S.,pursuant to Section
2274.002 of the Texas Government Code (relating to prohibition on contracts with
companies boycotting certain energy companies), Contractor represents and warrants
that: (1)it does not, and will not for the duration of the Contract,boycott energy
companies or(2)the verification required by Section 2274.002 of the Texas Government
Code does not apply to the Contract. If circumstances relevant to this provision change
during the course of the Contract, Contractor shall promptly notify System Agency.
42. Entities that Discriminate Against Firearm and Ammunition Industries
In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section
2274.002 of the Texas Government Code (relating to prohibition on contracts with
companies that discriminate against firearm and ammunition industries), Contractor
verifies that: (1) it does not, and will not for the duration of the Contract,have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association or(2)the verification required by Section 2274.002 of the Texas Government
Code does not apply to the Contract. If circumstances relevant to this provision change
during the course of the Contract, Contractor shall promptly notify System Agency.
43. Security Controls for State Agency Data
In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S., pursuant to Texas
Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees
that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit,
use, or store data for System Agency, Contractor is required to meet the security controls
the System Agency determines are proportionate with System Agency's risk under the
Contract based on the sensitivity of System Agency's data and that Contractor must
periodically provide to System Agency evidence that Contractor meets the security
controls required under the Contract.
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44. Cloud Computing State Risk and Authorization Management Program (TX-RAMP)
In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas
Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if
providing cloud computing services for System Agency, Contractor must comply with
the requirements of the state risk and authorization management program and that System
Agency may not enter or renew a contract with Contractor to purchase cloud computing
services for the agency that are subject to the state risk and authorization management
program unless Contractor demonstrates compliance with program requirements. If
providing cloud computing services for System Agency that are subject to the state risk
and authorization management program, Contractor certifies it will maintain program
compliance and certification throughout the term of the Contract.
45. Office of Inspector General Investigative Findings Expert Review
In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it
possesses the necessary occupational licenses and experience.
46. Contract for Professional Services of Physicians,Optometrists, and Registered
Nurses
In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it
possesses the necessary occupational licenses and experience.
47. Foreign-Owned Companies in Connection with Critical Infrastructure
If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts
with certain foreign-owned companies in connection with critical infrastructure) is
applicable to this Contract,pursuant to Government Code Section 2274.0102, Contractor
certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent
company, is: (1) majority owned or controlled by citizens or governmental entities of
China, Iran,North Korea, Russia, or any other country designated by the Governor under
Government Code Section 2274.0103, or(2)headquartered in any of those countries.
48. Critical Infrastructure Subcontracts
For purposes of this Paragraph, the designated countries are China, Iran,North Korea,
Russia, and any countries lawfully designated by the Governor as a threat to critical
infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code,
Contractor shall not enter into a subcontract that will provide direct or remote access to or
control of critical infrastructure, as defined by Section 113.001 of the Texas Business and
Commerce Code, in this state, other than access specifically allowed for product warranty
and support purposes to any subcontractor unless (i)neither the subcontractor nor its
parent company, nor any affiliate of the subcontractor or its parent company, is majority
owned or controlled by citizens or governmental entities of a designated country; and(ii)
neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or
its parent company, is headquartered in a designated country. Contractor will notify the
System Agency before entering into any subcontract that will provide direct or remote
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access to or control of critical infrastructure, as defined by Section 113.001 of the Texas
Business & Commerce Code, in this state.
49. Enforcement of Certain Federal Firearms Laws Prohibited
In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not
ineligible to receive state grant funds pursuant to Texas Government Code, Section
2.103.
50. Prohibition on Abortions
Contractor understands, acknowledges, and agrees that, pursuant to Article II of the
General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs
(including marketing, overhead, rent,phones, and utilities) of abortion procedures
provided by contractors of HHSC; and(2)no funds appropriated for Medicaid Family
Planning, Healthy Texas Women Program, or the Family Planning Program shall be
distributed to individuals or entities that perform elective abortion procedures or that
contract with or provide funds to individuals or entities for the performance of elective
abortion procedures. Contractor represents and warrants that it is not ineligible,nor will it
be ineligible during the term of this Contract, to receive appropriated funding pursuant to
Article II.
51. False Representation
Contractor understands, acknowledges, and agrees that any false representation or any
failure to comply with a representation, warranty, or certification made by Contractor is
subject to all civil and criminal consequences provided at law or in equity including, but
not limited to, immediate termination of this Contract.
52. False Statements
Contractor represents and warrants that all statements and information prepared and
submitted by Contractor in this Contract and any related Solicitation Response are
current, complete, true, and accurate. Contractor acknowledges any false statement or
material misrepresentation made by Contractor during the performance of this Contract
or any related Solicitation is a material breach of contract and may void this Contract.
Further, Contractor understands, acknowledges, and agrees that any false representation
or any failure to comply with a representation, warranty, or certification made by
Contractor is subject to all civil and criminal consequences provided at law or in equity
including,but not limited to, immediate termination of this Contract.
53. Permits and License
Contractor represents and warrants that it will comply with all applicable laws and
maintain all permits and licenses required by applicable city, county, state, and federal
rules,regulations, statutes, codes, and other laws that pertain to this Contract.
54. Equal Employment Opportunity
Contractor represents and warrants its compliance with all applicable duly enacted state
and federal laws governing equal employment opportunities.
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55. Federal Occupational Safety and Health Law
Contractor represents and warrants that all articles and services shall meet or exceed the
safety standards established and promulgated under the Federal Occupational Safety and
Health Act of 1970, as amended(29 U.S.C. Chapter 15).
56. Signature Authority
Contractor represents and warrants that the individual signing this Contract Affirmations
document is authorized to sign on behalf of Contractor and to bind the Contractor.
Signature Page Follows
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Authorized representative on behalf of Contractor must complete and sign the following:
Legal Name of Contractor
Assumed Business Name of Contractor,if applicable(d/b/a or `doing business as')
Texas County(s) for Assumed Business Name(d/b/a or `doing business as')
Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed
Name Certificate(s), if any, for each Texas County Where Assumed Name Certificate(s)has
been filed.
Signature of Authorized Representative Date Signed
Printed Name of Authorized Representative Title of Authorized Representative
First, Middle Name or Initial, and Last Name
Physical Street Address City, State,Zip Code
Mailing Address, if different City, State, Zip Code
Phone Number Fax Number
Email Address DUNS Number
Federal Employer Identification Number Texas Identification Number(TIN)
Texas Franchise Tax Number Texas Secretary of State Filing
Number
SAM.gov Unique Entity Identifier(UEI)
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