HomeMy WebLinkAboutPR 23785: HEALTH DEPT. CONTRACT AMENDMENT WITH THE DEPT. OF FAMILY AND PROTECTIVE SERVICES TO UPDATE THE CONTRACT '\
City of
nrt rtl: ur
Te.tas
Date: May 24, 2024
To: Ron Burton, City Manager
From: Judith A. Smith, RN, BSN, Director of Health Services Yi
RE: Approval to Amend the Contract to Update the Contract Grant Manager, DFPS
Grant Uniform Terms and Conditions, and DFPS Grant Supplemental and Special
Conditions.
Nature of the Request: Texas Department of Family and Protective Services has provided
grant funds to the health department's NFP Program since 2008. This is an Amendment to
update the Contract Grant Manager, DFPS Grant Uniform Terms and Conditions, and DFPS
Grant Supplemental and Special Conditions.
Staff Analysis, Considerations: The updates will not affect the staff.
Recommendations: It is recommended that the City Council approve P.R. No.23785, approving
the contract amendment between the City of Port Arthur and the Department of Family and
Protective Services to update the Contract.
Budget Considerations: The Contract updates will not affect the current budget.
"REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"P.O.BOX 1089•PORT ARTHUR,TX 77641-1089-
409N83-8101•FAX 409/982-6743
P.R.No. 23785
05/24/2024
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT 3 TO THE
CONTRACT BETWEEN THE TEXAS DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES (DFPS) AND THE CITY
OF PORT ARTHUR NURSE FAMILY PARTNERSHIP PROGRAM
TO UPDATE THE CONTRACT GRANT MANAGER, THE
UNIFORM TERMS AND CONDITIONS, AND THE GRANT
SUPPLEMENTAL AND SPECIAL CONDITIONS.
WHEREAS, the State of Texas, by and through the Texas Department of Family
and Protective Services (DFPS) awarded grant funds to eligible entities to support the
establishment and operation of local Nurse-Family Partnership (NFP) programs to
provide educational, health, guidance, and other resources for low-income, first-time
pregnant women during pregnancy, and during the first two years of their infant's life
through visits by highly trained registered nurses; and,
WHEREAS, the original contract was approved by Council on August 31, 2021,
pursuant to Res.No. 21-359; and,
WHEREAS, Texas Department of Family and Protective Services is now
amending the contract to update the Contract Grant Manager, DFPS Grant Uniform
Terms and Conditions, and the DFPS Grant Supplemental and Special Conditions.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That,the facts and opinions in the preamble are true and correct.
P.R.No. 23785
05/24/2024
Section 2. That, the City Council of the City of Port Arthur hereby authorizes
the amendment as stated in Exhibit A to be in effect for the Nurse Family Partnership
under the City of Port Arthur Health Department.
Section 3. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of June, 2024 A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
Vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
P.R. No. 23785
05/24/2024
APPROVED AS TO FORM:
QA/ Y
s
J Black, Interim City Attorney
APPROVED FOR AD STRATION:
Ron Burton, CPM Judi mith,RN,BSN,
City Manager Direc or of Health Services
DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963 N502 FORM-9077
OCTOBER 2022
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT AGREEMENT AMENDMENT
Grantee acknowledges the transfer, pursuant to applicable provisions of Senate Bill
24 of the 88th Legislature, of this Grant Agreement from the Texas Department of
Family and Protectives Services (DFPS) to the Texas Health and Human Services
Commission (HHSC). HHSC or DFPS will, as deemed necessary by HHSC or DFPS,
provide Grantee with any contract-related information changed or revised because
of the transfer. DFPS Prevention and Early Intervention division will be called Family
Support Services and will transfer to HHSC on September 1, 2024.
This Amendment No. 3 (Amendment) bilaterally modifies Contract No.
HHS000791900009 and is entered into by the Texas Department of Family and
Protective Services (DFPS) and City of Port Arthur (Grantee) for Texas Nurse-Family
Partnership (TNFP) Program services.
I. PURPOSE.
As provided for in Section V(A) of the DFPS Grant Uniform Terms and
Conditions, this Amendment updates the Contract (Grant) Manager, DFPS
Grant Uniform Terms and Conditions, and DFPS Grant Supplemental and
Special Conditions.
II. GRANT AGREEMENT MODIFICATIONS.
The Parties agree to the following:
A. Unless otherwise modified by this Amendment or any prior amendments,
this Grant Agreement will remain in full force and effect.
B. Section VII(A) (Contract (Grant) Manager) of this Grant Agreement is
deleted in its entirety and replaced with the following:
A. DFPS
Randy Brown
Contract (Grant) Manager
4900 N. Lamar Blvd., MC 2402
Austin, TX 78751
(512) 840-7858
peicontracting(&dfps.texas.gov
C. Section VIII (Attachments) of this Grant Agreement is modified by
deleting Attachment C (DFPS Grant Uniform Terms and Conditions) in its
entirety and replacing it with Attachment C-1 (DFPS Grant Uniform Terms
and Conditions), which is attached and incorporated as part of the Grant
Agreement.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT PAGE 1
DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963 N502 FORM 9077
OCTOBER 2022
D. Section VIII (Attachments) of this Grant Agreement is modified by
deleting Attachment D (DFPS Grant Supplemental and Special Conditions)
in its entirety and replacing it with Attachment D-1 (DFPS Grant
Supplemental and Special Conditions), which is attached and incorporated
as part of the Grant Agreement.
III. EFFECTIVE DATE.
This Amendment is effective on June 1, 2024.
IV. SIGNATORIES.
By signing this Amendment, the Parties certify that they have the requisite
authority to bind their respective Party to this Amendment.
DFPS GRANTEE
X X
NAME: Jennifer Sims NAME: Ron Burton
TITLE: Deputy Commissioner TITLE: City Manager
DATE: DATE:
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
BILATERAL CONTRACT AMENDMENT PAGE 2
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December 2023
ATTACHMENT C-1
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS
SECTION I
FUNDING AVAILABILITY AND FINANCIAL
A. FUNDING AVAILABILITY.
1. This Contract is contingent upon the continued availability of funding. If
funds become unavailable through the lack of appropriations, legislative
or executive budget cuts, amendment of the Appropriations Act, state
agency consolidation, or any other disruptions of current appropriations,
DFPS will reduce or terminate this Contract.
2. DFPS is prohibited from incurring obligations in excess of amounts lawfully
appropriated by the Texas Legislature over the course of a biennium.
B. TRAVEL EXPENSES.
Travel expenses authorized by this Contract will be reimbursed according to the
rates set by the State of Texas TexTravel (or its successor) program.
Furthermore, DFPS reserves the right to reimburse at a rate equal to the rate
DFPS employees receive even if the rates set by TexTravel are higher.
C. NO DEBT AGAINST THE STATE.
For Grantees that are not governmental entities, this Contract will not be
construed as creating any debt by or on behalf of the State of Texas.
D. DEBT TO STATE.
If a law prohibits the Texas Comptroller of Public Accounts from making a
payment, the Grantee acknowledges that DFPS's payments under the Contract
will be applied toward eliminating the Grantee's debt or delinquency, regardless
of when it arises.
E. RECAPTURE OF FUNDS.
Grantee agrees that:
1. DFPS will withhold all or part of any payments to Grantee to offset
overpayments made to Grantee. Overpayments, as used in this Section,
include payments made by DFPS that exceed the maximum allowable rates;
that are not allowed under applicable laws, rules, or regulations; or that are
otherwise inconsistent with this Contract, including any unapproved
expenditures.
2. It will return to DFPS any amounts paid that are disallowed pursuant to any
financial and compliance audit of funds received under this Contract; and
3. It will reimburse such disallowed costs from funds that were not provided
or otherwise made available to Grantee under this Contract or from a
source of federal funds derived from programs administered by DFPS or
the State of Texas.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 1
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ATTACHMENT C-1
F. FINANCIAL REMEDIES.
In addition to any other remedy under law, DFPS reserves the right to
implement financial remedies based on monitoring or audit findings related to
violations of this Contract's requirements including recovery of all actual
damages DFPS accrues as a result of a Grantee's noncompliance. As applicable
to this Contract, additional financial remedies or liquidated damages may be
provided for in this Contract's Supplemental and Special Conditions.
G. ALLOWABLE COSTS.
DFPS will reimburse the allowable costs incurred in performing the Contract that
are sufficiently documented. Grantee must have incurred a cost prior to
claiming reimbursement and within the applicable term to be eligible for
reimbursement under this Contract. DFPS will determine whether costs
submitted by Grantee are allowable and eligible for reimbursement. If DFPS has
paid funds to Grantee for unallowable or ineligible costs, DFPS will notify
Grantee in writing, and Grantee shall return the funds to DFPS within 30
calendar days of the date of this written notice. DFPS will withhold all or part of
any payments to Grantee to offset reimbursement for any unallowable or
ineligible expenditure that Grantee has not refunded to DFPS or if financial
status reports required under the Financial Status Reports section are not
submitted by the due dates. DFPS will take repayment (recoup) from funds
available under this Contract in amounts necessary to fulfill Grantee's
repayment obligations. Applicable cost principles, audit requirements, and
administrative requirements include the following chart. Furthermore, OMB
Circulars will be applied with the modifications prescribed by the Texas Grant
Management Standards (TxGMS) with effect given to whichever provision
imposes the more stringent requirement in the event of a conflict.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 2
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ATTACHMENT C-1
Applicable Applicable Audit Administrative
Entity Cost Requirements Requirements
Principles
State, Local 2 CFR, Part 225 2 CFR Part 200, 2 CFR Part 200
and Tribal Subpart F and and TxGMS
Governments TxGMS
Educational 2 CFR, Part 220 2 CFR Part 200, 2 CFR Part 200
Institutions Subpart F and and TxGMS
TxGMS
Non-profit 2 CFR, Part 230 2 CFR Part 200, 2 CFR Part 200
Organizations Subpart F and and TxGMS
TxGMS
For-profit 48 CFR, Part 31 2 CFR Part 200, 2 CFR Part
Organization other Contract Cost Subpart F and 200 and
than a hospital Principles TxGMS TxGMS
Procedures, or
uniform cost
accounting
standards that
comply with cost
principles
acceptable to the
federal or state
awarding agency
H. INDEPENDENT SINGLE OR PROGRAM-SPECIFIC AUDIT.
If Grantee, within Grantee's fiscal year, expends a total amount of at least
$750,000 in federal funds awarded, Grantee shall have a single audit or
program-specific audit in accordance with 2 CFR 200. The $750,000 federal
threshold amount includes federal funds passed through by way of state agency
awards. If Grantee, within Grantee's fiscal year, expends a total amount of at
least $750,000 in state funds awarded, Grantee must have a single audit or
program-specific audit in accordance with TxGMS, State of Texas Single Audit
Circular. The audit must be conducted by an independent certified public
accountant and in accordance with 2 CFR 200 Government Auditing Standards,
and TxGMS. 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. Texas Health and
Human Services Commission (HHSC) Single Audit Services will notify Grantee to
complete the Single Audit Determination Form. If Grantee fails to complete the
Single Audit Determination Form within 30 calendar days after notification by
HHSC Single Audit Services to do so, then Grantee shall be subject to the DFPS
sanctions and remedies for non-compliance with this Contract. Each Grantee that
is required to obtain a single audit must competitively re-procure single audit
services once every six years. Grantee shall procure audit services in compliance
with this section and state procurement procedures as well as with the provisions
of TxGMS.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 3
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ATTACHMENT C-1
I. SUBMISSION OF AUDIT.
Within 30 days after receipt of the independent certified public accountant's
report or nine months after the end of the fiscal year, Grantee shall submit
electronically one copy of the Single Audit or Program-Specific Audit to DFPS as
directed in this Contract and another copy to:
single audit report Phhsc.texas.gov.
3. INSURANCE.
For Grantees that are not governmental entities, the following apply:
1. Unless otherwise specified in this Contract, its Supplemental and Special
Conditions or the solicitation that this Contract resulted from, Grantee will
acquire and maintain, for the duration of this Contract, insurance coverage
necessary to ensure proper fulfillment of this Contract and potential liabilities
thereunder with financially sound and reputable insurers licensed by the
Texas Department of Insurance and in the type and amount customarily
carried within the industry or as determined by DFPS.
2. Grantee will provide evidence of insurance upon request by DFPS.
3. If any policy is determined by DFPS to be deficient and to not comply with
the terms of this Contract, Grantee will secure such additional coverage as
required by DFPS, law, or regulation.
4. If coverage expires during the term of this Contract, Grantee must produce
renewal certificates for each type of coverage.
K. NONSUPPLANTING.
Grantee shall not use funds from this Contract to replace or substitute for
existing funding from other sources but shall use funds from this Contract to
supplement existing state or local funds currently available. Grantee shall make
a good faith effort to maintain its current level of support. Grantee will be
required to submit documentation substantiating that a reduction in state or
local funding, if any, resulted for reasons other than receipt or expected receipt
of funding under this Contract.
SECTION II
RECORDS— ACCESS, AUDIT, AND RETENTION
A. RECORDS RETENTION AND ACCESS.
1. Grantee will keep and maintain accurate and complete records necessary to
determine compliance with this Contract and applicable laws.
2. Grantee will provide access to its records to DFPS, the Texas State Auditor's
Office (SAO), the federal government, and their authorized representatives.
3. Unless otherwise specified in this Contract, Grantee will maintain legible
copies of Subcontracts under this Contract and all related documentation for
a minimum of seven years after the termination of this Contract or seven
years after the completion of any litigation or dispute involving the Contract,
whichever is longer.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 4
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ATTACHMENT C-1
GRANTEE WILL NOT DISPOSE OF RECORDS BEFORE PROVIDING THE
DFPS CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO
DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM
THE DFPS CONTRACT MANAGER.
B. SAO AUDIT.
1. Grantee understands that acceptance of funds under this Contract or
through a Subcontract acts as acceptance of the authority of the SAO, or
any successor agency, to conduct an audit or investigation in connection
with those funds.
2. Under the direction of the Legislative Audit Committee, an entity that is the
subject of an SAO audit or investigation must provide the SAO access to any
information that is considered relevant.
3. Grantee agrees to cooperate fully with the SAO, or its successor, in the
conduct of the audit or investigation, including providing all records
requested.
4. Grantee will ensure that this clause concerning the authority to audit funds
received indirectly by Subgrantees related to this contract and the
requirement to cooperate is included in any subcontracts it awards.
C. COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS.
1. Grantee will implement all corrections necessary to address any finding of
noncompliance with any law, regulation, audit requirement, accounting
principle, or deficiency identified in any audit, review, or inspection of this
Contract.
2. Any such correction will be at Grantee or its Subgrantee's sole expense.
3. Whether Grantee's action corrects the noncompliance will be solely the
decision of DFPS.
4. Grantee must provide, at DFPS's request, a copy of those portions of
Grantee's and its Subgrantees' internal audit reports relating to this
Contract.
D. CONFIDENTIAL INFORMATION.
1. Grantee agrees to only use DFPS confidential information for the purpose of
this Contract and to comply with all applicable state and federal laws when
it receives and stores DFPS confidential information, including but not
limited to the following enumerated. This includes any communication or
record regardless of form or format provided or made available through any
means and includes records or information that identifies DFPS children or
clients:
a. Section 106 of the Child Abuse Prevention and Treatment Act, codified
at 42 U.S.C. 5106a;
b. Section 471 of Title IV-E of the Social Security Act, codified at 42
U.S.C. 671(a)(8), and related federal rules at 45 CFR 1355.30 and 45
CFR 205.50;
c. Social Security Administration data, including without limitation
Medicaid information (Social Security Act, 42 U.S.C. Chapter 7);
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 5
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ATTACHMENT C-1
d. Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 CFR
Part 99;
e. Protected health information, including electronic protected health
information or unsecured protected health information under the
Health Insurance Portability and Accountability Act of 1996 (HIPAA),
42 U.S.C. Chapter 7, Subchapter XI, Part C; 45 CFR Parts 160 and
164;
f. Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C.
§290dd-2, 42 CFR Part 2;
g. Federal Tax Information, Internal Revenue Code, Title 26 of the United
States Code including IRS Publication 1075;
h. The Privacy Act of 1974, as amended by the Computer Matching and
Privacy Protection Act of 1988, 5 U.S.C. §552a;
i. Personal identifying information defined by Texas Business and
Commerce Code Chapter 521, and OMB Memorandum 07-16,
j. Safeguarding Against and Responding to the Breach of Personally
Identifiable Information;
k. Texas Family Code §261.201 and related provisions in Chapters 261
and 264;
I. Texas Health and Safety Code §81.046 and Chapters 181 and 611;
m. Texas Human Resources Code §12.003, §40.005, and Chapter 48;
n. Texas Public Information Act, Texas Government Code Chapter 552;
o. 19 Texas Administrative Code Chapter 702 Subchapter F (Child
Protective Services) and Chapter 705 Subchapter M (Adult Protective
Services); and
p. Criminal History Record Information guidelines in the FBI's Criminal
Justice Information Services (CJIS) Security Policy.
2. Grantee will notify DFPS immediately, but not later than 24 hours, after
Grantee discovers any possible or actual unauthorized disclosure or breach
of DFPS confidential information. Grantee will also fully cooperate with DFPS
in investigating, mitigating, and issuing notifications for an unauthorized
disclosure or breach as directed by DFPS.
3. Grantee will only disclose information according to applicable law and will
notify DFPS as required by the applicable law when it makes a disclosure.
4. In the event the Grantee receives a request or demand for confidential
information or records in connection with any discovery, investigative, civil,
criminal, or other similar legal process, they will provide DFPS with written
notice of this request or demand within two business days of receiving it.
E. PUBLIC INFORMATION ACT.
1. Information related to this Contract will be subject to the Public Information
Act (PIA) found at Texas Government Code Chapter 552 and withheld from
public disclosure or released only in accordance with the PIA.
2. In accordance with Section 2252.907 of the Texas Government Code, the
Grantee is required to make any information created or exchanged with
DFPS pursuant to the Contract, and not otherwise excepted from disclosure
under the PIA, available in a format that is accessible by the public at no
additional charge to DFPS.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 6
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ATTACHMENT C-1
SECTION III
OWNERSHIP AND INTELLECTUAL PROPERTY
A. OWNERSHIP.
DFPS owns all work produced by Grantee under this Contract.
B. INTELLECTUAL PROPERTY.
1. To the extent any services, deliverables, or work performed by Grantee
results in the creation of intellectual property, all rights, title, and interest in
and to such intellectual property will vest in DFPS upon creation and will be
deemed to be a "work made for hire" and made in the course of the services
rendered pursuant to this Contract.
2. To the extent that title to any such intellectual property will not by law vest
in DFPS, or such intellectual property will not be considered a "work made for
hire," Grantee hereby irrevocably assigns all rights, title, and interest therein
to DFPS.
3. Grantee must give DFPS and the State of Texas, as well as any person
designated by DFPS or the State of Texas, all assistance required to perfect
the rights defined in this Section without any additional charge or expense
beyond the stated amount payable to Grantee authorized under this
Contract.
SECTION IV
NOTICE AND REPORTING
A. NOTICE OF LEGAL MATTER OR LITIGATION.
Grantee will notify their assigned DFPS Contract Manager of any litigation or
legal matter related to or affecting this Contract within seven calendar days of
Grantee becoming aware of the litigation or legal matter.
B. NOTICE OF CHANGE IN CONTACT PERSON OR KEY PERSONNEL OR
MATTERS IMPACTING CONTRACT.
Grantee will notify their assigned DFPS Contract Manager within 10 days of any
change to the Grantee's Contact Person or Key Personnel in the Contract or any
matter impacting the Contract, which includes but is not limited to changes to
Grantee's name or identity, ownership, control, or governing board membership,
any problem or potential problem associated with its performance or services, or
payee identification number.
C. COMPLAINT REPORTING.
Unless otherwise noted in this Contract, DFPS will contact the Grantee when it
receives a complaint about the Grantee and advise the Grantee whether DFPS
will conduct an investigation or will coordinate with the Grantee for an
investigation. When DFPS requires the Grantee to conduct any part of the
complaint investigation, Grantee must respond in writing to DFPS with all
information and according to DFPS's requirements and specified time frames.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
UNIFORM TERMS AND CONDITIONS PAGE 7
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D. REPORTING ABUSE, NEGLECT, OR EXPLOITATION.
In addition to any other reporting requirement, Grantee will report any
suspected case of abuse, neglect, or exploitation to the appropriate authority
as required by the Texas Family Code Chapter 261. All reports must be made
within 24 hours of the discovery of the suspected abuse, neglect, or
exploitation to DFPS Statewide Intake by either phone at 1-800-252-5400
or online at https://www.txabusehotline.org/Login/Default.aspx.
E. REPORTING CRIMINAL CONDUCT
In addition to any other reporting requirement, if the Grantee, DFPS, or their
employees become aware of either Grantee's, DFPS's or their employees' conduct
against a person receiving DFPS's services that could constitute a criminal offense,
they must report it to a local law enforcement agency no later than 48 hours after
becoming aware of such criminal conduct.
SECTION V
AMENDMENT
A. BILATERAL AMENDMENT.
Except as provided for in the Unilateral Amendment section below, this Contract
can only be changed by a Bilateral Amendment executed by both Parties.
B. UNILATERAL AMENDMENT.
A Unilateral Amendment will be effective on the date that is specified in it.
DFPS has sole discretion to issue a Unilateral Amendment to modify a
Contract's requirements, terms, or conditions as follows:
1. Correct an obvious clerical error;
2. Modify a Contract or Grant Number or Agency ID Number;
3. Incorporate new or revised state or federal laws, regulations, rules,
or policies;
4. Comply with a court order or judgment;
5. Update service-level description or daily rates;
6. Update Grantee's name as recorded by the Secretary of State, as required by
law, or as authorized by DFPS;
7. Change either Party's Contract or Grant Manager or contact information;
8. Change any recorded license number based on information obtained from the
agency or entity issuing the license; and
9. For Open Enrollments only, add or delete a geographic service area, service
delivery location, or service type as long as it is part of a current Open
Enrollment.
SECTION VI
TERMINATION
A. TERMINATION FOR CONVENIENCE.
DFPS will terminate the Contract, in whole or in part, at any time when in its
sole discretion, DFPS determines that termination is in the best interests of the
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
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State of Texas. The termination will be effective on the date specified in
DFPS's notice of termination.
B. TERMINATION FOR CAUSE.
1. If the Grantee fails to provide the services or goods required by this Contract
or fails to comply with any terms or conditions of it, DFPS will terminate the
Contract in whole or part.
2. In addition to any other remedy allowed by law, Grantee will be responsible
to DFPS for all costs incurred by DFPS and the State of Texas to replace the
Grantee. These costs include but are not limited to the costs of procuring a
substitute Grantee and the cost of any claim or litigation that is reasonably
attributable to Grantee's failure to provide services or goods.
C. EQUITABLE SETTLEMENT.
Any early termination under this Contract will be subject to the equitable
settlement of the respective interests of the Parties up to the date of
termination.
SECTION VII
GENERAL PROVISIONS
A. GOVERNING LAW AND VENUE.
This Contract and the rights and obligations of the Parties will be governed by
and construed according to the laws of the State of Texas, exclusive of any
conflicts of law provisions. Venue for any suit brought under this Contract will be
in a court of competent jurisdiction in Travis County, Texas, unless DFPS elects
otherwise. Grantee irrevocably waives any objection, including any objection to
personal jurisdiction or the laying of venue or based on the grounds of forum
non conveniens, which it will now or hereafter have to the bringing of any action
or proceeding in such jurisdiction with respect to this Contract.
B. INDEMNITY.
THE FOLLOWING APPLIES TO GRANTEES THAT ARE NOT GOVERNMENTAL
ENTITIES.
1. GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF
TEXAS AND ITS OFFICERS AND EMPLOYEES, AND DFPS AND ITS OFFICERS
AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS,
DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING
ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF OR RESULTING
FROM:
a. GRANTEE'S PERFORMANCE UNDER THE CONTRACT, INCLUDING ANY
NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT,
EMPLOYEE, SUBGRANTEE, OR SUPPLIER OF THE GRANTEE, OR ANY
THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE GRANTEE,
IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;
b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE,
GOVERNMENTAL REGULATION, STANDARD, OR RULE OF CONTRACT BY
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT
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THE GRANTEE OR ANY AGENT, EMPLOYEE, SUBGRANTEE, OR SUPPLIER
OF THE GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR
SUPERVISION OF THE GRANTEE, IN THE EXECUTION OR PERFORMANCE
OF THIS CONTRACT;
c. EMPLOYMENT OR ALLEGED EMPLOYMENT DISCRIMINATION, INCLUDING
CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS
AGENTS; OR
d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES
ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT,
PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS.
2. NOTHING IN THIS CONTRACT WILL BE CONSTRUED AS A WAIVER OF
DFPS'S SOVEREIGN IMMUNITY.
3. IF DFPS IS A NAMED DEFENDANT IN ANY SUIT INVOLVING THIS CONTRACT,
THE DEFENSE WILL BE COORDINATED BY THE GRANTEE WITH THE OFFICE
OF THE TEXAS ATTORNEY GENERAL. GRANTEE MAY NOT AGREE TO ANY
SETTLEMENT REGARDING SUITS INVOLVING THIS CONTRACT IF DFPS IS A
NAMED DEFENDANT WITHOUT FIRST OBTAINING THE CONCURRENCE OF
THE TEXAS ATTORNEY GENERAL.
C. BACKGROUND HISTORY CHECKS AND RIGHT OF REMOVAL.
1. Before providing direct services or having direct client contact, or access to
client records, the Grantee will submit information necessary for DFPS to
conduct background checks on its employees, Subgrantees, or volunteers
according to the DFPS Background Checks Handbook under the applicable
policy section at
http://www.dfps.texas.gov/handbooks/Background Checks/default.asp,
including any required disclosures. Furthermore, before the employee,
Subgrantee, or volunteer can provide direct services, have direct contact, or
access client records, the Grantee must receive notice from DFPS that the
background check has been approved.
2. If while providing direct services or having direct client contact or access to
client records, the Grantee becomes aware of any new arrest or investigation
of abuse or neglect conducted by any federal, state, or local agency or board
of an employee, Subgrantee, Subcontractor or volunteer, then the Grantee
will notify DFPS within 10 business days of becoming aware of it. DFPS will
determine if and when the employee, subgrantee, or volunteer can have
direct contact with clients.
D. ASSIGNMENTS.
Grantee will not assign all or any portion of its rights under, interests in, or
duties required under this Contract without prior written consent of DFPS. Any
attempted assignment in violation of this Section is void and without effect.
This Section will not prohibit collateral assignment of payments for the
purpose of secured lending arrangements in the ordinary course of business.
Grantee agrees that DFPS may, in one or more transactions, assign, pledge, or
transfer this Contract.
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E. SEVERABILITY.
If any provision contained in this Contract is held to be unenforceable by a court
of law or equity, this Contract will be construed as if such provision did not exist,
and the non-enforceability of such provision will not be held to render any other
provisions of this Contract unenforceable.
F. SURVIVABILITY.
Termination or expiration of this Contract will not release either Party from any
liabilities or obligations that the Parties have expressly agreed will survive any
such termination or expiration, that remain to be performed, or that by their
nature would be intended to be applicable following any such termination or
expiration, including maintaining confidentiality of information and retaining
records.
G. FORCE MAJEURE.
Except with respect to the obligation of payments under this Contract, if either
of the Parties after a good faith effort is prevented from complying with any
express or implied covenant of this Contract by reason of war, terrorism,
rebellion, riots, strikes, acts of God, any valid order, rule, or regulation of any
governmental authority, or similar events that are beyond the control of the
affected Party (collectively referred to as force majeure events), then while so
prevented, the affected Party's obligation to comply with such covenant will be
suspended, and the affected Party will not be liable for damages for failure to
comply with such covenant. In any such event, the Party claiming force
majeure will promptly notify the other Party of the force majeure event in
writing of the reason for such delay, estimated duration of the delay, and the
steps taken to minimize the delay.
H. AUTHORITY OF DFPS STAFF.
DFPS staff are not authorized to sign non-DFPS forms unless DFPS has given
prior approval to those forms. DFPS is not bound to the terms of any forms
signed by unauthorized staff.
I. DISPUTE RESOLUTION.
For Grantees that are not governmental entities, the Parties will use the dispute
resolution process in Texas Government Code Chapter 2260 to resolve any
dispute that arises under this Contract. Grantee's Notice of Claim of Breach of
Contract is delivered to their DFPS Contract Manager in their Contract and to the
DFPS Office of General Counsel at the address listed below, by hand, certified
mail return receipt requested, or other verifiable delivery service, and is
effective on date received.
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Office of General Counsel Physical Address
4900 N. Lamar Blvd.
Austin, TX 78751
Mailing Address
P.O. Box 149030
Austin, TX 78714-9030
Mail Code: E611
J. WAIVER.
DFPS's failure to enforce any provision of this Contract or its payment for
services or goods provided under this Contract will not constitute a waiver of
any provision of the Contract.
K. CIVIL RIGHTS.
1. Grantee agrees to comply with state and federal anti-discrimination laws,
including:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
b. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
c. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
d. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
e. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-
1688);
f. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
g. DFPS's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Contract.
2. Grantee agrees to comply with all amendments to these laws and all
requirements imposed by the regulations issued pursuant to these laws.
These laws provide in part that no persons in the United States will on the
grounds of race, color, national origin, sex, age, disability, political beliefs,
or religion be excluded from participation in or denied any service or other
benefit provided by federal or state funding or otherwise be subjected to
discrimination.
3. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964 and its
implementing regulations found at 45 CFR Part 80 or 7 CFR Part 15 that
prohibit a Grantee from adopting and implementing policies and procedures
that exclude or have the effect of excluding or limiting the participation of
clients in its programs, benefits, or activities on the basis of national origin.
Civil rights laws require Grantees to provide alternative methods for
ensuring access to services for applicants and recipients who cannot express
themselves fluently in English. Grantee agrees to take reasonable steps to
provide services and information, orally, in writing, and electronically, in
appropriate languages other than English to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access
to government-funded programs, benefits, and activities.
4. Grantee agrees to post applicable civil rights posters in areas open to the
public informing clients of their civil rights and including contact information
for the HHSC Civil Rights Office. The posters are available on the HHSC
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website at https://www.hhs.texas.gov/about/your-rights/civil-rights-
office/civil-rights-posters.
5. Grantee agrees to comply with Executive Orders 13279 and 13559 and their
implementing regulations at 45 CFR Part 87 or 7 CFR Part 16. These provide
in part that any organization that participates in programs funded by direct
financial assistance from the United States Department of Agriculture or the
United States Department of Health and Human Services will not
discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief. Grantee must provide
written notice to beneficiaries of these rights.
6. Upon request, Grantee will provide the HHSC Civil Rights Office with copies
of the Grantee's civil rights policies and procedures.
7. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints
received relating to its performance under this Contract. This notice must be
delivered no more than 10 calendar days after receipt of a complaint. This
notice must be directed to:
HHSC Civil Rights Office
North Austin Complex
4601 W. Guadalupe Street, Mail Code W206
Austin, TX 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 438-4313
TTY Toll Free: (877) 432-7232
Fax: (512) 438-5885
L. PERMIT AND LICENSE.
Grantee will be responsible at its expense for obtaining all permits and
licenses required by city, county, state or federal rules, regulations, or laws
necessary or required for the Grantee to provide services or goods under this
Contract.
M. WARRANTY.
Grantee warrants that all services, deliverables, and work done under this
Contract will be completed in a manner consistent with generally accepted
standards in the applicable trade, profession, or industry; conform to or exceed
the specifications set forth in the Contract; be fit for ordinary use and of good
quality; and contain no material defects.
N. E-VERIFY/EMPLOYEE ELIGIBILITY.
By entering into this Contract, Grantee certifies and ensures that it utilizes and
will continue to utilize, for the term of this Contract, the U.S. Department of
Homeland Security's e-Verify system to determine the eligibility of all persons
employed during the Contract term to perform duties within Texas and all
persons (including Subgrantees) the Grantee assigns to perform services,
deliverables, and work pursuant to the Contract.
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O. REPORT OF WASTE, FRAUD, OR ABUSE.
Grantees who suspect fraud, waste, or abuse (including employee misconduct
that would constitute fraud, waste, or abuse) are required to immediately
contact both the Texas HHSC Office of the Inspector General at 1-800-436-6184
and the Texas State Auditor's Office at
https://sao.fraud.texas.gov/ReportFraud/.
P. STANDARDS OF SERVICE DELIVERY.
1. Grantee will make reasonable efforts to provide services that take into
consideration the intellectual functioning, literacy, level of education, and
comprehension ability of each DFPS Child or Client in order to present
information in a way that meets their individual needs.
2. Grantee will provide services in the language that will best meet the Child or
Client's needs either directly by Grantee or a DFPS approved translator.
Q. PUBLICITY.
1. Unless prior written authorization is given by DFPS, Grantee must not use
the name of, or directly or indirectly refer to DFPS in any media release,
public announcement, or public disclosure relating to the Contract or its
subject matter, including in any promotional or marketing materials,
customer lists, or business presentations.
2. Grantee will publish, at its sole expense, results of Grantee performance
under the Contract with DFPS's prior review and written approval, which
DFPS will withhold at its sole discretion. Grantee will acknowledge the
support received in all format types (written, visual, and audio) from DFPS
and the Federal Agency, as applicable.
R. LIMITATION OF DFPS NAME, SEAL, OR LOGO.
1. Grantee will not use the DFPS name, seal, or logo in any form or manner
without the prior written approval of DFPS.
2. Grantee will not use the DFPS name, seal, or logo to imply any DFPS
endorsement, approval, or sponsorship of Grantee's goods or services.
S. SUBCONTRACTING AND SUBAWARDING.
As applicable under the Contract, Grantee will comply with the following:
1. Grantee will be responsible to DFPS for all Subcontractors' and Subgrantees'
performance under this Contract. Subcontractors and Subgrantees providing
services under the Contract will meet the same requirements and level of
experience as required of Grantee.
2. No Subcontract or Subaward under the Contract will relieve Grantee of
responsibility for ensuring the requested services are provided.
3. Grantee cannot subcontract or subaward case management services without
prior written DFPS permission.
4. Grantees planning to subcontract or subaward all or a portion of the work to
be performed will identify the proposed Subcontractors and Subgrantees.
5. Subcontracting and Subawarding will be solely at Grantee's expense.
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6. DFPS retains the right to check Subcontractors' and Subgrantees'
backgrounds and to approve or reject the use of submitted Subcontractors
and Subgrantees.
7. Grantee will be the sole contact for DFPS, and Grantee will list a designated
point of contact for all DFPS inquiries.
8. Grantee will include a term in all subcontracts and subawards that
incorporates this Contract by reference and binds Subcontractors and
Subgrantees to all the requirements, terms, and conditions of this Contract
related to the service being provided by the Subcontractor and Subgrantee
as well as explicitly hold that this Contract controls in the event of any
conflict with Subcontractor. DFPS approval of Grantee's use of any
Subcontractor and Subgrantee is conditioned upon the extent that any
subcontract and subaward does not conflict with any requirements of the
Contract between DFPS and Grantee.
T. INFORMATION SECURITY AND CYBERSECURITY TRAINING
REQUIREMENTS.
As applicable to this Contract, the Grantee must comply with DFPS's Data and
System Security Requirements at
http://www.dfps.texas.gov/Doing Business/documents/Contractor Data and Sys
tem Security Requirements.pdf and agrees to periodically check for, and comply
with, any updates made to this document.
U. REMOVAL OF ACCESS.
Grantee will immediately remove access capabilities to any DFPS
automated/internet-based applications, or immediately notify DFPS that access to
such applications needs to be terminated for any employee, Subcontractor,
Subawardee, or volunteer whose employment, subcontract, or volunteer term with
Grantee has ended for any reason.
V. BUSINESS CONTINUITY AND DISASTER RECOVERY PLANS.
Upon request from DFPS, Grantee will provide copies of its most recent business
continuity and disaster recovery plans.
W. UNIFORM ACCESSIBILITY REQUIREMENTS.
As applicable to this Contract, the Grantee must comply with DFPS's Uniform
Accessibility Requirements at
http://www.dfps.texas.gov/Doing Business/documents/DFPS-Uniform-
Accessibility-Requirements-Section508-WCAG2.0.pdf and agrees to periodically
check for, and comply with, any updated requirements made to this document.
X. MILITARY INFORMED CARE OR CULTURAL COMPETENCY TRAINING.
In accordance with Texas Government Code §434.352(e), if the Grantee is
awarded a grant from DFPS to provide mental health services to veterans or
veterans' families, the Grantee is required to:
1. Have a prior history of successful execution of a grant from DFPS;
2. Provide personnel who provide mental health services to veterans or
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veterans' families with military informed care or military cultural
competency training; or
3. Require personnel who provide mental health services to veterans or
veterans' families to complete military competency training provided by any
of the following:
a. Texas Veterans Commission;
b. HHSC;
c. Military Veteran Peer Network;
d. Substance Abuse and Mental Health Services Administration;
e. United States Department of Defense;
f. United States Department of Veterans Affairs; or
g. Nonprofit organization that is exempt from federal income taxation
under Section 501(a), Internal Revenue Code of 1986, by being listed
as an exempt entity under Section 501(c)(3) of that code, with
experience in providing training or technical assistance to entities
that provide mental health services to veterans or veterans' families.
SECTION VIII
CERTIFICATIONS AND AFFIRMATIONS
As applicable to this Contract, Grantee certifies and affirms by entering into this
Contract that these certifications and affirmations apply to Grantee and all of
Grantee's principals, officers, directors, shareholders, partners, owners, agents,
employees, Subgrantees, independent contractors, and any other representatives
who will provide services under or who have a financial or other interest in this
Contract.
A. Dealing with Public Servants. Grantee has not given or offered to give and
does not intend to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a
public servant in connection with this Contract.
B. Prior Disaster Relief Contract Violation. Under Texas Government Code
§2155.004 (regarding the prohibition of certain financial participation by
persons) and §2155.006 and §2261.053 (both relating to ability to receive this
Contract, and convictions or penalties regarding Hurricane Rita, Hurricane
Katrina, or other disasters), Grantee acknowledges that it is not ineligible to
receive this Contract and that this Contract will be terminated and payment
withheld if this certification is found to be inaccurate.
C. Child Support Affirmation Obligation. Under Texas Family Code
§231.006 (relating to delinquent child support), Grantee acknowledges that
it is not ineligible to receive the specified Grant, loan, or payment and
acknowledges that this Contract will be terminated and payment will be
withheld if this certification is found to be inaccurate.
D. Suspension and Debarment. Grantee is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency under the
regulations implementing Executive Order 12549 and Executive Order 12689, 2
CFR Part 376 Debarment and Suspension and any relevant regulations
promulgated by the department or agency funding this project. Grantee agrees
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that this provision will be included in its entirety in Grantee's subcontracts if
payment in whole or in part is from federal funds. Furthermore, Grantee
acknowledges that it has not been subjected to suspension, debarment, or
similar ineligibility determined by any state or local governmental entity.
E. Excluded Parties. Grantee is not listed on the federal government's terrorism
watch list described in Executive Order 13224. Entities ineligible for federal
procurement or award are listed at https://sam.gov/search/?index. This
Contract will be terminated, and payment withheld if this certification is
inaccurate. Grantee must include this provision in its entirety in Grantee's
Contracts, subawards, and subcontracts.
F. Executive Head of a State Agency Affirmation. Under Texas Government
Code §669.003 (relating to contracting with the executive head of a state
agency), Grantee acknowledges that it is not the executive head of DFPS, was
not at any time during the past four years the executive head of DFPS and does
not employ a current or former executive head of DFPS.
G. Franchise Tax Status. Grantee acknowledges that it is not currently
delinquent in the payment of any franchise taxes owed to the State of Texas
under Texas Tax Code Chapter 171.
H. Lobbying Prohibition. Payments to Grantee and Grantee's receipt of
appropriated or other funds under this Contract are not prohibited by Texas
Government Code §556.005, §556.0055, or §556.008 (relating to use of
appropriated money or state funds to employ or pay lobbyists, lobbying
expenses, or influence legislation).
I. Buy Texas Affirmation. If this Contract is for services, the Grantee will
comply with Texas Government Code §2155.4441 for the purchase of
products and materials produced in the State of Texas. However, this
§2155.4441 is not applicable to Contracts or Contracts with federal funding
that further prohibits the use of geographic preferences.
J. Antitrust Affirmation. Grantee has not violated state or federal antitrust
laws and has not communicated its bid for this Contract directly or indirectly
to any competitor or any other person engaged in such line of business.
Grantee hereby assigns to DFPS any claims for overcharges associated with
this Contract under 15 U.S.C.§1, et seq., and Texas Business and Commerce
Code §15.01, et seq.
K. Entities that Boycott Israel. If the Grantee is a "Company" under Texas
Government Code §808.001, at the time of executing this Contract, the Grantee
is certifying that it does not boycott Israel and will not boycott Israel during the
term of this Contract.
L. Human Trafficking Prohibition. Under Texas Government Code
§2155.0061, Grantee certifies that it is not ineligible to receive this Grant and
acknowledges that this Contract may be terminated, and payment withheld if it
is found that during the five-year period preceding the date of this Contract,
the Grantee was convicted of any offense related to the direct support or
promotion of human trafficking.
M. Foreign Terrorist Organizations. Under Texas Government Code
§2252.152, the Grantee warrants that it is not engaged in business with Iran,
Sudan, or a foreign terrorist organization.
N. Contracting Information Responsibilities. The requirements of Texas
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Government Code 552, Subchapter J may apply to this Contract, and the
Grantee agrees that this Contract can be terminated if the Grantee knowingly
or intentionally fails to comply with a requirement of this Subchapter.
O. COVID-19 Vaccine Documentation. Grantee represents and warrants that it
is in compliance with Section 161.0085(c) of the Texas Health and Safety Code
and is eligible pursuant to that section to receive a grant or enter into a
contract with DFPS payable with state funds.
P. Firearm and Ammunition Industries Discrimination Prohibition. For
Contracts entered into on or after September 1, 2021, if Grantee is a Company
under Texas Government Code § 2274.002 at the time of executing this
Contract, Grantee certifies that it is exempt under that section, or it does not
have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association and will not discriminate during the
term of the Contract against a firearm entity or firearm trade association.
Q. Abortion Provider and Affiliate Transactions Prohibited. Grantee certifies
that this Contract is not a taxpayer resource transaction prohibited by Texas
Government Code §2273.002 made by DFPS to the Grantee and Grantee's
Receipt of appropriated funds under this Contract are not prohibited by Article
IX, Section 6.24 of the General Appropriations Act.
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TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS
SECTION I
SUPPLEMENTAL CONDITIONS
The following Supplemental Conditions modify the DFPS Grant Uniform Terms and
Conditions.
A. The Parties agree to delete Section I., B., TRAVEL EXPENSES, of the DFPS
Grant Uniform Terms and Conditions in its entirety and replace it with the
following:
Travel must always be billed at the current approved General Service
Administration (GSA) rate in effect for the service date on the invoice. Rates
may be found at: https://www.gsa.qov/travel-resources. Mileage rates may be
found at: http://www.gsa.gov/mileage.
B. The Parties agree to delete Section IV., D., REPORTING ABUSE, NEGLECT,
OR EXPLOITATION, of the DFPS Grant Uniform Terms and Conditions in its
entirety and replace it with the following:
Grantee will report any suspected case of abuse, neglect, or exploitation to the
appropriate authority as required by the Texas Family Code Chapter 261.
C. The Parties agree to delete Section VII., C., BACKGROUND HISTORY CHECKS
AND RIGHT OF REMOVAL, of the DFPS Grant Uniform Terms and Conditions in
its entirety and replace it with the following:
1. Grantee must ensure completed background checks, as directed by PEI,
before Program Staff can complete any of the activities below:
a. Having direct contact with a Participant;
b. Accessing PEIRS; and
c. Accessing Participant records.
2. Grantee must complete background checks every two years for all Program
Staff members who complete any of the activities above.
D. The Parties agree to delete Section VII., R., LIMITATION OF DFPS NAME,
SEAL, OR LOGO, of the DFPS Grant Uniform Terms and Conditions in its
entirety and replace it with the following:
1. Grantee will not use the DFPS name, seal, or logo in any form or manner.
2. Grantee will not use the DFPS name, seal, or logo to imply any endorsement,
approval, or sponsorship of Grantee's goods or services by DFPS.
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SECTION II
SPECIAL CONDITIONS
In addition to the DFPS Grant Uniform Terms and Conditions, the Grantee agrees to
comply with the following DFPS Grant Special Conditions.
A. REMEDIES.
In addition to any other remedy provided under this Grant or state or federal
law, DFPS may impose the following:
DFPS reserves the right to implement the following remedies to ensure Grant
compliance or to address Grant violations. DFPS may require the Grantee to
take specific corrective actions to maintain compliance with applicable federal or
state regulations and the terms and conditions of this Grant. The Grantee's
failure to comply with the specific corrective actions from DFPS may be grounds
for DFPS to suspend or terminate the Grant, in whole or in part.
1. Technical Assistance. DFPS may provide informal support, guidance,
clarification, and other forms of technical assistance via phone, email, and
virtual meeting to resolve Grant or performance compliance issues. Grantee
will document all such instances of technical assistance by DFPS in writing,
including any implementation work.
2. Technical Resolution. DFPS and Grantee may enter a joint technical
process. Both Parties will hold face-to-face meetings, web meetings, or
phone calls where both Parties will identify issues, barriers, potential
solutions, and implementation strategies to fix noncompliance and
performance issues. DFPS will document these sessions and provide Grantee
with a final technical guidance document for implementation.
3. Letter of Concern (LOC). An LOC is a tool to assist Grantee in meeting
Grant Agreement performance, Project Work Plan, or other requirements by
serving as a formal notification of an observed deviation. An LOC may be
issued in the following circumstances:
a. Grantee does not deliver a core program component (as determined by
DFPS) for one quarter.
b. Grantee does not meet outputs for one quarter.
c. DFPS finds reoccurring or ongoing issues affecting program performance
for one quarter.
d. Required data is late, incomplete, or missing in the Prevention and Early
Intervention Reporting System (PEIRS) for one quarter.
e. Monthly billing is late, incomplete, or missing for one quarter.
f. Grant Agreement compliance issues arise throughout the fiscal year.
4. Corrective Action Plan (CAP). A CAP identifies areas of noncompliance,
poor performance, or other deficiencies. Grantee must respond in writing
within the time frames required in the CAP, address each identified defect,
and provide an appropriately thorough response to DFPS for review and
approval. After DFPS approves a CAP, it is incorporated into the Grant
Agreement by reference. On receipt of DFPS approval, Grantee must
implement and maintain compliance with the requirements of the CAP.
Failure to appropriately implement or maintain CAP compliance will serve as
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grounds for the exercise of any additional remedies under the Grant
Agreement. A CAP may be required in the following circumstances:
a. Grantee does not deliver a core program component (as determined by
DFPS) for two quarters.
b. Grantee does not meet outputs for two quarters.
c. DFPS finds reoccurring or ongoing issues affecting program performance
for two quarters.
d. Required data is late, incomplete, or missing in PEIRS for two quarters.
e. Monthly billing is late, incomplete, or missing for two quarters.
5. Suspension. DFPS may suspend or remove all or any part of the Grant.
6. Removal of Staff. DFPS reserves the right to require Grantee to remove
any employee, volunteer, or agent of Grantee, or any Subcontractor, or
Subawardee from the provision of services under this Grant, or to prohibit
any employee, volunteer, or agent of Grantee, or any Subcontractor, or
Subawardee from having direct contact with DFPS referred clients or client
records.
B. TESTIMONY IN PROCEEDINGS.
Grantee will require its employees to testify in judicial and administrative
proceedings at the request of DFPS. To the extent possible, Grantee will also
assist DFPS in locating past employees, agents, volunteers, consultants,
contractors, or subgrantees when DFPS requires past employees, agents,
volunteers, consultants, contractors, or subgrantees to appear and testify in
accordance with this subsection.
C. NOTIFICATIONS.
Grantee will notify DFPS immediately of any significant change affecting Grantee
or this Grant, including, but not limited to, change of Grantee's name or identity,
ownership, control, governing board membership, key personnel, any problem
or potential problem associated with performance or services, or payee
identification number. Grantee will also provide DFPS with any documentation or
information related to a notification provided for under this section. Grantee will
also notify DFPS of any lawsuit brought against Grantee related to the services
provided for in this Grant. Unless otherwise noted in this Grant, Grantee will
provide all notices in writing to DFPS within 10 business days.
D. TRANSITION AFTER TERMINATION.
At the end of the period of performance or other Grant termination or
cancellation, Grantee will, in good faith and in reasonable cooperation with
DFPS, aid in the transition to any new arrangement or provider of services. The
respective accrued interests or obligations incurred to date of termination must
also be equitably settled. Upon termination or expiration of this Grant, DFPS will
work with Grantee to transfer all services as efficiently as possible with the goal
to have all necessary services transferred by the effective date of the expiration
or termination of the Grant. However, if a transfer of all necessary services is
not possible, Grantee will continue to provide necessary services following all
terms and conditions of this Grant until all necessary participant services are
completely transferred.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 3
DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963
N502 FORM-5622G
September 2023
ATTACHMENT D-1
E. STATEMENT OF WORK VS. PROJECT WORK PLAN.
The Statement of Work is the formal document incorporated into the Grant. The
Project Work Plan documents how the Grantee will achieve the performance
measures outlined in the Grant. Changes to the Statement of Work require an
amendment. Project Work Plans may be changed with written approval from
DFPS and the Grantee.
1. Statement of Work (SOW) Changes. Grantee cannot make any changes
to the Statement of Work without a formal amendment. DFPS requires an
amendment to change any terms outlined in the Grant Agreement, including
but not limited to:
a. Performance measures (outputs and outcomes).
b. Primary service delivery area outlined in the Grant.
c. Target populations.
d. Addition or deletion of primary services outlined in the Statement of
Work.
e. Addition or deletion of ancillary services outlined in the Statement of
Work.
f. Any extension of the period of performance.
2. Project Work Plan (PWP) Changes.
a. Any post-award changes to the PWP must not alter the SOW for the Grant
without an amendment. The Request for Applications (RFA) and Grant
Agreement documents serve as the primary guide in determining
allowable changes to the PWP.
b. DFPS may allow or make limited modifications to the PWP to meet
unanticipated needs at any point during the period of performance. The
Grantee of DFPS may identify the need for such a change.
c. A change to the PWP requires prior written approval from DFPS.
d. A change to the PWP may include:
i. Points of contact.
ii. Service delivery locations or hours.
iii. Secondary Service Delivery Area if the change is consistent with the
RFA Requirements.
iv. Subawards.
v. Policies or procedures used to provide services, including:
1. Intake process.
2. Determining participant eligibility.
3. Plan or process for retaining participants in the program.
4. Case documentation.
5. Linking participants with other social service providers when
necessary.
6. Case closure or termination of services to participants.
7. Referrals to Subawardees.
8. Policies, procedures, and strategies used to ensure services are
not denied or delayed with Grantee is at maximum capacity.
9. Staffing plan (providing change meets the minimum Grant
requirements).
10. Staff training plan.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 4
DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963
N502 FORM-5622G
September 2023
ATTACHMENT D-1
11. Grant administration.
12. Subaward administration.
13. Cost per participant.
F. NOTICE OF AWARD.
DFPS may use a Notice of Award to announce, modify, or clarify the annual
Grant budget, source of funding, performance measures, or other Grant
requirements.
G. PROGRAM FORMS AND SOCIAL SECURITY NUMBERS.
Grantee is required to complete all fields of program forms in their entirety,
including any social security number fields. If a participant refuses to provide
their social security number, Grantee must document refusal in the case file.
The expectation is that Grantees make a good faith effort to obtain social
security numbers and other information listed on the program form. Items with
an asterisk on program forms are required fields in the database; however, the
expectation is that the form is completed thoroughly. Primary caregivers must
sign program forms giving consent for services prior to the provision of services.
H. GRANT OBLIGATIONS.
A Grantee's acceptance of funds directly under the Grant or indirectly through a
subaward acts as acceptance of the authority of the State, under the direction of
the legislative audit committee, to conduct an audit or investigation in
connection with those funds. In accordance with the legislative audit committee,
DFPS can request any documentation, at any time, to be sent to DFPS to a
location DFPS chooses. Examples of documentation that DFPS may request
include, but are not limited to:
1. Participant files in their entirety. This includes, but is not limited to:
a. Progress notes.
b. Action plans.
c. Registration forms.
d. Surveys.
e. Sign-in sheets.
f. Monthly tracking forms.
g. Referral information.
2. Invoices that support monthly billings.
3. Receipts that support monthly billings.
4. Grantee's full general ledger.
I. COST REIMBURSEMENT GRANT.
1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to
pay more than Grantee's allowable and incurred costs consistent with 45
Code of Federal Regulations (CFR) 75, Subpart E (Cost Principles). Grantee is
responsible for submitting invoices in an accurate and timely manner for
each service period and for notifying DFPS of a need to expedite payment.
DFPS will make reasonable efforts to process all bills received in an accurate
and timely manner but does not warrant immediate payment.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 5
DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963
N502 FORM-5622G
September 2023
ATTACHMENT D-1
2. Regulation Compliance. Grantee will remain in compliance with 45 CFR
Part 75, Subpart E. The reimbursements made to Grantee will not exceed
Grantee's actual costs to provide the services under this Grant, and Grantee's
actual costs, both direct and indirect, must be allowable, reasonable, and
allocable.
3. Physical Property. Grantee will assume responsibility for the protection of
all physical property and equipment purchased under this Grant. Grantee
must furnish DFPS with a written, factual report of the theft of or damage to
any equipment purchased under this Grant, including circumstances
concerning its loss. In addition, in the event of any theft, vandalism, or other
offense against the properties, Grantee will notify appropriate local law
enforcement authorities.
4. Equipment. Equipment is any article of tangible nonexpendable personal
property having a useful life of more than one year and an acquisition cost
that equals or exceeds the lesser of: the capitalization level established by
the Grantee for financial statement purposes or $5,000. Grantee will follow
the provisions of 45 CFR 75.320 regarding disposition of any equipment
purchased under this Grant with funds allocated to Grantee or its
Subawardee. Grantee will not give any security interest, lien, or otherwise
encumber any item of equipment purchased with Grant funds. Grantee will
permanently identify all equipment purchased under this Grant by
appropriate tags or labels affixed to the equipment. Grantee will maintain a
current inventory of equipment that is always available to DFPS upon
request. Cost reimbursement Grantees must also follow the following
guidelines when partnering with DFPS.
a. Cost reimbursement Grantee must add certain types of equipment items
that are classified as "controlled assets" as designated in the
Comptroller's State Property Accounting (SPA) Process User's Guide,
available on the internet, to their inventory. Grantees should review the
SPA guide periodically for the most current list.
b. All cost reimbursement Grantees must follow the American Hospital
Association's (AHA) "Estimated Useful Lives of Depreciable Hospital
Assets" for equipment disposition purposes, except when federal or
statutory requirements supersede.
c. Grantee must request approval from DFPS before disposing of equipment
or controlled assets prior to the end of the useful life for that item.
d. Any change to the equipment category in a cost reimbursement budget
will require prior approval from DFPS.
J. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E AND
TANF.
As applicable, Grantees must seek payment or adjustment to payments in
accordance with the time limit specified in 45 Code of Federal Regulations (CFR)
95.1 that provides a two-year (eight fiscal year quarters) time limit for a State
to claim Federal financial participation in expenditures under State plans
approved under Title IV-E and Temporary Assistance for Needy Families (TANF).
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
iGRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 6
' DocuSign Envelope ID:51AD9EC8-DB1C-4ECF-9C77-2C09A3BF4963
N502 FORM-5622G
September 2023
ATTACHMENT D-1
Any invoice or amended invoice that is submitted to DFPS later than seven
quarters after the end of the quarter of the expense, will not be processed
unless DFPS determines that submission for payment of the bill to the federal
government can be executed within the time limits provided in the CFR.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 7
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