HomeMy WebLinkAboutPR 24089: APPROVAL OF THE NEW FY 2026, HEALTH AND HUMAN SERVICES FOR THE WIC PROGRAM Cite of
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www.PortArthurTx.gov
Date: December 18, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM, City Manager
From: Judith A. Smith,RN, BSN, Director of Health Services
RE: Approval of the new FY 2026 through FY 2030 (October 1, 2025 through
September 30, 2030) Contract between the City of Port Arthur and Health and
Human Services for the WIC program for a total amount not to exceed
$9,008,026.00. No City Match is required.
Introduction:
The WIC program provides supplemental food vouchers and nutrition education to enhance
good health care at no cost to low-income pregnant and postpartum women,infants,and children
identified to be at nutritional risk. The Health and Human Services Commission desires to
provide funding in an amount not to exceed $9,008,026.00 for fiscal years 2026 through 2030,
effective October 1, 2025, and terminating on September 30, 2030.
Background:
This grant covers (10) full time employees, (1)part time employee, and(3) part time temporary
employees.
Recommendation:
It is recommended that the City Council approve P.R.No. 24089,a contract between the City of
Port Arthur and the Health and Human Services Commission, for a total amount not to exceed
$9,008,026.00 to fund the WIC Program. The contract is effective October 1, 2025, through
September 30, 2030, covering fiscal years 2026 through 2030.
Budget Impact:
These funds will cover operational expenses of the program; salaries,fringe,travel and supplies.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. 24089
12/18/24- CP
RESOLUTION NO.
A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND THE HEALTH AND HUMAN SERVICES
COMMISSION, WIC DIVISION, TO PROVIDE FUNDS FOR FISCAL
YEARS 2026 THROUGH 2030 (OCTOBER 1, 2025, THROUGH
SEPTEMBER 30, 2030), IN AN AMOUNT NOT TO EXCEED
$9,008,026.00,WITH NO CITY MATCH REQUIRED.
WHEREAS, the contract between the City of Port Arthur and the Department of State
Health Services, will provide financial assistance to the Port Arthur City Health Department to
supplement the delivery of public health services; and,
WHEREAS, WIC Participation provides for supplemental food instruments, nutrition
education and counseling to enhance good health care at no cost to low-income pregnant and
postpartum women, infants and children identified to be at nutritional risk. The grant award is
based on monthly client participation.
WHEREAS, The Health and Human Services Commission desires to provide funding in
an amount not to exceed $9,008,026.00 for fiscal years 2026 through 2030, effective October 1,
2025, and terminating on September 30, 2030.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
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 between the City of Port Arthur and Health and Human Services providing the funding
in an amount not to exceed $9,008,026.00 for fiscal years 2026 through 2030, effective October
1, 2025, and terminating on September 30, 2030.
P.R. 24089
12/18/24- CP
Section 3. That, the City Council deems it is in the best interest of the City to approve
and authorize the City Manager to execute the contract between the Health and Human Services
Commission and the City of Port Arthur, Texas, to continue the Women, Infants and Children
(WIC)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 ,
2025 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
Vote: AYES:
Mayor: ,
Councilmembers: ,
,
,
NOES: •
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
P.R. 24089
12/18/24- CP
APPROVED AS TO FORM:
Roxann Pais Controneo, City Attorney
APPROVE % ' : • P M I IS j• TION:
AtiAAW dam c�rn
Ron Burterity 1�4ger , CPM Ju h Smith, R.N. BSN,Director of Health
P.R. 24089
12/18/24- CP
EXHIBIT "A"
Docusign Envelope ID:551 D8F84-88E9-49D7-999C-B34B3D638621
SIGNATURE DOCUMENT FOR
HEALTH AND HUMAN SERVICES COMMISSION GRANT AGREEMENT
CONTRACT No.HHS001503400019
UNDER THE
WOMEN,INFANTS,AND CHILDREN'S NUTRITION GRANT PROGRAM
The parties to this agreement("Grant Agreement" or"Contract") are Health and Human Services
Commission"HHSC" ("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 to provide funding for the Women, Infants and
Children's Nutrition Program(the "Grant Agreement").
II. LEGAL AUTHORITY
This Grant Agreement is entered into pursuant to 42 U.S.C. § 1786, 7 CFR Part 246, and Chapter
32 of the Texas Health & Safety Code.
III. DURATION
This Grant Agreement is effective on October 1, 2025 and terminates on September 30, 2030,
unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract.
Notwithstanding the limitation in the preceding sentence and with at least 30 calendar days'
advance written notice to Grantee, at the end of the initial term or any renewal period, System
Agency, at its sole discretion, may extend this Grant Agreement as necessary to ensure continuity
of service, for purposes of transition, or as otherwise determined by System Agency to serve the
best interest of the State for up to 3 months, in one-month intervals, at the then-current contract
rate or rates (if applicable) as modified during the term of the Grant Agreement.
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.
V. BUDGET AND INDIRECT COST RATE
HHSC will issue an annual funding letter("Notice of Award")to Grantee by July 1 setting the
award amount for the corresponding grant fiscal year(October 1 through September 30). HHSC
will notify Grantee of any changes to annual funding amounts by issuing a revised Notice of
Award.
Contract No.HHS001503400019
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Grantee acknowledges and understands awards under this Contract are subject to federal funding
to HHSC to facilitate the WIC program.
All expenditures under the Grant Agreement will be in accordance with ATTACHMENT A,
STATEMENT OF WORK.
Indirect Cost Rate: The Grantee's acknowledged or approved Indirect Cost Rate (ICR) and the
[ICR Acknowledgement Letter/ICR Acknowledgement Letter—Ten Percent De Minimis/ICR
Agreement Letter] is incorporated into this contract by reference. Grantee must have an approved
or acknowledged indirect cost rate in order to recover indirect costs.
If the System Agency approves or acknowledges an updated indirect cost rate, the Grant
Agreement will incorporate the new rate,together with the new indirect cost rate letter, into this
contract by reference and the budget will be revised accordingly.
VI. CONTRACT REPRESENTATIVES
The following will act as the representative authorized to administer activities under this Grant
Agreement on behalf of their respective Party.
System Agency
Noemi Hernandez, Contract Manager Grantee
Health and Human Services Commission Ronald Burton, City Manager
4616 West Howard Lane, Suite 275,Mail City of Port Arthur
Code 4554 444 4th St.
Austin, TX 78728 Port Arthur, TX 77640
noemi.hernandez2@hhs.texas.gov Ron.burton@portarthurtx.gov
VII. 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
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
Contract No.HHS001503400019
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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.
VIII. FEDERAL AWARD INFORMATION
Grantee's Unique Entity Identifier is: EMVNEFYW2KN4
Federal funding under this Grant Agreement is a subaward under the following federal
award(s):
A. Assistance Listings Title and Number:
• Name —Number: Special Supplemental Nutrition Program for Women, Infants &
Children(FOOD, ADMIN and PEER) 10-557
• Name—Number: Supplemental Nutrition Assistance Program 10-561
B. Federal Award Period: October 1, 2025 to September 30, 2026
C. Name of Federal Awarding Agency: United States Department of Agriculture (USDA) -
Food and Nutrition Service (FNS)
D. Federal Award Project Description: WIC Local Agency Services
E. Awarding Official Contact Information: FNS Southwest Regional Office
Food and Nutrition Service
1100 Commerce Street Room 522
Dallas, TX 75242-9980
(214)290-9810
IX.CONTRACT DOCUMENTS
The following documents are incorporated by reference and made a part of this Grant
Agreement for all purposes. 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.
o ATTACHMENT A: STATEMENT OF WORK;
o ATTACHMENT B: HHS UNIFORM TERMS AND CONDITIONS—GRANT
VERSION 3.5(SEPTEMBER 2024);
o ATTACHMENT C: HHS CONTRACT AFFIRMATIONS V.2.5(NOVEMBER
2024);
o ATTACHMENT D:FEDERAL ASSURANCES;
Contract No.HHS001503400019
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o ATTACHMENT E:CERTIFICATION REGARDING LOBBYING;
o ATTACHMENT F:FFATA CERTIFICATION FORM;and
o ATTACHMENT G:DATA USE AGREEMENT(OCTOBER 2019).
X. 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 IMMEDIATELY FOLLOWS.
Contract No.HHS001503400019
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SIGNATURE PAGE FOR SYSTEM AGENCY GRANT AGREEMENT
CONTRACT No.HHS001503400019
SYSTEM AGENCY GRANTEE
Signature Signature
Printed Name: Crystal Starkey Printed Name: Ronald Burton
Title: Deputy Executive Commissioner Title: City Manager
Date of Signature: Date of Signature:
Contract No.HHS001503400019
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ATTACHMENT A
STATEMENT OF WORK
I. GRANTEE RESPONSIBILITIES
Grantee will:
1.1 Perform professional, administrative and clerical services necessary to determine
eligibility, provide food benefits, and provide appropriate nutrition education and
counseling to qualified women, infants and children in a specified geographic area.
Grantee shall ensure adequate staff coverage and uninterrupted delivery of services.
Services shall be performed according to the statutes,rules,policies, and directives
of the Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC) and/or as directed by the United States Department of Agriculture (USDA)
as referenced in this Contract. During the term of this Contract, the USDA may
issue regulations, instructions, policies and/or directives, which may be
incorporated into the current System Agency WIC Program Policy and Procedures
Manual and program rules.
1.2 Determine eligibility of applicants through assessment of their categorical criteria,
income, residence and nutritional status, and provide nutrition education and
counseling to eligible participants.
1.3 Review the immunization records of WIC Program applicants/participants to
ensure that immunizations are current. Make appropriate referrals to health care
providers for necessary immunizations according to WIC Program policy.
1.4 Determine participants' access to health care, medical care and other human
services, and make appropriate referrals. Grantee shall have a system in place to
provide participants with appropriate health services or make appropriate referrals
to health care providers under written agreements that ensure confidentiality of
participants' personal information.
1.5 Issue pre-numbered WIC Electronic Benefit Transfer (EBT) cards furnished by
System Agency to qualified participants who shall use such EBT cards to obtain
specified food items from approved participating vendors; maintain complete
accountability and security of all WIC EBT cards. Grantee shall be held financially
responsible for all unaccounted WIC EBT cards and/or for the redeemed value of
those issued to ineligible participants. In addition,Grantee shall be held financially
liable for issuance of infant formula benefits that are not authorized or prescribed
according to the System Agency WIC Policy and Procedures Manual.
1.6 Provide WIC services in locations in accordance with the System Agency WIC
Program's policies.
1.7 Appoint a Grantee WIC Director/Supervisor.
1.8 Offer services during extended hours of operation outside the traditional times of
8:00 a.m.to 5:00p.m.,Monday through Friday, or on Saturday or Sunday according
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STATEMENT OF WORK
to the Grantee's System Agency-approved Annual Plan of Operations or
Certification of Local Agency (LA) Hours of Operation Form, which are
incorporated by reference and made a part of this Contract.
1.9 Assist System Agency or USDA in the collection of data that will identify benefits
of this nutrition intervention program and furnish financial, health, nutrition
education and any other special reports in a timely manner as required by System
Agency's WIC Program policies and procedures for the compilation of such data.
1.10 Become and maintain designation as a Mother-Friendly Worksite in accordance
with 25 Tex. Admin. Code§ 31.1.
1.11 Implement or expand Grantee Breastfeeding Peer Counseling program to provide
training and salary of peer counselors who assist pregnant and breastfeeding WIC
program participants in normal breastfeeding situations. Provide clients with
afterhours peer counseling services. Funding for this activity will be contingent on
availability and written approval by System Agency.
1.12 Stock System Agency provided manual pumps, single-user electric breast pumps
and multi-user electric breast pumps, collection kits, and purchase additional sized
flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to
eligible WIC participants. System Agency reserves the right to withhold payment
and/or implement other contractual remedies if Grantee fails to accurately complete
and submit online breast pump receiving reports within three (3) business days of
receiving a System Agency breast pump delivery as documented in the current WIC
policy and procedure manual.
1.13 Implement or expand Grantee's use of a Registered Dietitian(RD)who is registered
with the Commission on Dietetic Registration to provide services for Grantee that
includes, but not limited to: high-risk individual counseling, developing and
conducting nutrition education classes taught in-person, online, or in a self-paced
manner, consultation regarding the appropriate issuance of special formulas,
nutrition publications and visual aids for on the job use,implementing staff training,
assisting with the Annual Nutrition Education and Breastfeeding plan,and planning
and assisting with special projects.
1.14 Train Local Agency staff The term"Local Agency" is defined at 7 CFR § 246.2.
1.15 Conduct outreach to potential participants and community partners and implement
strategies to retain existing participants in accordance with Grantee's outreach and
retention plan.
1.16 Complete surveys as requested.
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1.17 Provide all WIC local agency employees providing services to WIC clients, a
computer that has access to the WIC Management Information System (MIS)
system and meets requirements set by the Texas WIC program.
1.18 Coordinate with System Agency to visit the physical address of a proposed grocery
store outlet and determine if a store exists at the specified location and confirm the
signage closely matches the indicated store name, if signage is present. Grantee
shall send System Agency an email correspondence indicating findings on a form
provided by System Agency, within five (5)business days of receipt of the form.
1.19 Review, research, and resolve client records identified by the MIS Dual detection
process as a potential "duplicate record". System Agency reserves the right to
withhold payment and/or implement other contractual remedies if Grantee fails to
accurately resolve all possible dual participation at the time of certification.
1.20 Ensure requirements are met in accordance with the Contract Terms and Conditions
and in the frequency designated by the System Agency. A quarter is October
through December, January through March, April through June and July through
September,unless otherwise stated.
1.21 Implement special projects according to System Agency-approved plan related to
nutrition education, outreach or breastfeeding. Funding for special projects is
contingent upon availability and approval in writing by System Agency of the
Grantee's plan for the special project.
1.22 If selected by System Agency, provide meals to WIC participants as part of the
WIC Summer Meals Program in collaboration with the Texas Department of
Agriculture (TDA) as follows:
A. Implement WIC Summer Meals Program according to System Agency-
approved plan.
B. Submit meals served data to Contracting Entity (CE), a designated TDA
contractor, in a frequency and format designated by the CE.
C. Submit requested updates and/or reports to System Agency in a frequency and
format designated by System Agency.
1.23 Implement lactation services for WIC program participants who have breastfeeding
problems that are beyond the scope of practice of Grantee's WIC staff and/or peer
counselors using International Board-Certified Lactation Consultants (IBCLC) or
the most qualified equivalent. Lactation services may also include Local Agency
staff training and the provision of lactation equipment. System Agency will provide
written approval of Grantee's plan to use lactation funding.
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ATTACHMENT A
STATEMENT OF WORK
1.24 If selected by System Agency, serve as:
A. A Lactation Support Center for WIC program mothers with breastfeeding
problems as outlined by System Agency;
B. A Lactation Support Center that provides the opportunity for WIC local agency
staff and other health care providers to receive training and clinical experience
working with breastfeeding mothers; and
C. A statewide Lactation Support Center for health care providers to utilize for
information and assistance when working with pregnant and breastfeeding
women. To serve as the Lactation Support Center Grantee must:
1. Provide counseling services (to include in-person, phone, and teleconsults)
to breastfeeding mothers at Grantee's location every fiscal year.
2. Ensure at least 40 students (i.e., WIC staff, dietetic interns, residents,
nurses) complete the Clinical Lactation Practicum or other breastfeeding
training.
3. Provide community education and track outreach activities to promote and
support breastfeeding and the use of the Lactation Support Center in the
community.
4. Submit quarterly activity reports within thirty (30) calendar days after the
end of each quarter of this Contract, in a format designated by System
Agency. Activity reports will include Grantee's activities to meet
requirements stated within this section.
5. If selected, oversee the lactation support hotline. Oversight includes:
a. Designate an employee(s) or sub-contractor, who is trained to support
breastfeeding,to answer the hotline during designated hours within their
scope of practice and provide appropriate referrals if outside the scope
of practice or as needed.
b. Provide information to families and health care providers on
breastfeeding management and appropriate referrals and resources, or
assistance on finding local IBCLC services in their area.
c. Report the available data on the monthly number of calls received
through the Texas Lactation Support hotline.
1.25 Ensure adequate staff coverage and uninterrupted delivery of WIC services if any
member of Grantee's staff is approved in writing by System Agency to participate
in the System Agency's dietetic Internship program. This internship will consist of
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no less than 1,000 hours of supervised learning experiences in a variety of nutrition
related facilities. Grantee is responsible for:
A. Designating a WIC Nutritionist, preferably a registered dietitian, to be the
Community Nutrition WIC Preceptor and oversee and evaluate intern's
performance for the Community Nutrition (CN)/WIC portion of the System
Agency dietetic internship.
B. The Community Nutrition WIC Preceptor to ensure that the dietetic interns
meet all requirements, standards and required supervised practice hours for the
CN Supervised Practice as outlined by the System Agency's WIC Program.
C. Ensuring that the intern is not used for regular WIC duties during the internship
period.
D. Collecting pay-back monies from intern in the event that the intern does not
fulfill dietetic internship local agency contract requirements. Monies must be
returned to System Agency.
1.26 If selected by System Agency, implement or expand the Supplemental Nutrition
Assistance Program-Education (SNAP-Ed)projects. SNAP-Ed projects will focus
on obesity prevention, nutrition education or breastfeeding-friendly community
initiatives, or peer counselor services for SNAP-Ed and WIC eligible populations
within the community.
If selected, grantee shall appoint a project coordinator to oversee the
implementation and evaluation of each initiative; participate in activities as
requested by System Agency, including but not limited to,reports including budget
status and evaluation results, collaboration on articles, participation in sharing
sessions; follow the SNAP-Ed guidance related to allowable costs for approved
SNAP-Ed projects; collect data and submit all requested reports in a frequency and
format designated by SNAP-Ed and System Agency for review and approval.
1.27 If selected by System Agency, implement or expand the Improving Participant
Experience (IPE) initiative and strategies to improve the client experience and
alleviate client "pain points," thus improving the quality of services and client
satisfaction. This may include clinic improvements, repairs or renovations.
A. Grantee shall submit proposed initiatives required reports, and documents in a
frequency and format designated by System Agency for review and approval.
B. Grantee shall appoint a project coordinator to oversee the implementation and
evaluation of each initiative.
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C. Grantee shall participate in activities as requested by System Agency,including
but not limited to, submitting mid-year and end of year reports, quarterly
webinars, and participating in sharing sessions.
D. Grantee shall spend funds related to clinic improvements on items that meet the
Texas WIC Design Guidelines and Catalog and request approval from the
System Agency for other items or projects if they are outside of the WIC
branding guidelines and the Texas WIC Design Guidelines and Catalog
regardless of cost.
1.28 If selected by System Agency, assist other local agencies with the following:
A. purchasing supplies and/or equipment for other WIC local agencies,
B. provide services to assist other WIC local agencies with certifications,
scheduling appointments, issuance of benefits and processing applicants
within federal timeframes;
C. Assist local agencies in utilization of clinic space and clinic flow including:
1. Consultation with local agency regarding placement of equipment and
clinic reconfiguration to enhance clinic flow.
2. Visits to local agency sites to ensure that changes are successfully
implemented and to advise and make recommendations as needed.
D. Assist with mentoring new directors on WIC implementation and policy and
procedures related to the WIC program.
E. Additional duties not listed but deemed necessary by either the local agency or
System Agency;
F. Submit reports to System Agency in a format and frequency designated by
System Agency documenting services provided to local agencies and local
agency clinic efficiency.
1.29 If selected by System Agency, provide WIC outreach utilizing a subcontracted
entity for a designated area of the state.
Subcontracted WIC program outreach services to include:
A. Conduct outreach to potentially eligible persons about the benefits of the WIC
Program, including nutrition education, breastfeeding support and
supplemental foods;
B. Provide WIC application and appointment assistance, including assistance with
the online WIC portal or mobile application;
C. Promote WIC services at community events and through local media;
D. Track and report case outcome determination; including persons referred to
WIC who subsequently participate in the WIC program; and
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E. Provide WIC clients and applicants with appointment reminders.
Administrative requirements include:
A. Require at a minimum, one (1) in-person training per federal fiscal year(FFY)
for all subrecipient subcontractor staff providing WIC program services
outreach. Grantee will submit to System Agency training content for review
and approval upon request.
B. Provide System Agency with Grantee and Grantee subcontractor activity
reports in the frequency and format designated by System Agency.
C. Grantee shall maintain and provide to System Agency upon request, written
policies and procedures for monitoring subrecipient subcontractors for both
financial and programmatic performance.
D. Grantee shall submit to System Agency upon request, results of ongoing
monitoring and corrective actions in a format and frequency designated by
System Agency.
E. Grantee shall ensure a signed Data Use Agreement is signed for every contract
term and that all client and potential client identifying information forwarded
to the subrecipient subcontractor is used only for the purposes stated in this
section.
1.30 If selected by System Agency, serve as a Training and Conference center for the
Texas WIC program and the United States Department of Agriculture (USDA)
staff.
A. In addition to training implemented by Grantee, the Training and Conference
Center shall be used as a central site for conducting routine training by System
Agency.
B. Training center staff may be requested to develop specific courses as designated
by the System Agency.
C. Training center staff must be made available to conduct trainings when needed.
D. Training center staff may be required to travel to other agencies/sites to conduct
trainings at the System Agency's request.
E. Grantee shall submit proposed courses, initiatives and required reports in a
frequency and format designated by System Agency for review and approval.
F. The Training and Conference Center will also be available for video
conferencing as needed by System Agency, USDA, and WIC local agencies.
1.31 Notify the assigned contract manager to this Contract in writing of any change in
the Grantee's Contact Persons or Key Personnel within ten(10)business days. This
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will be documented and tracked using controlled correspondence with the HHSC
contract manager per Section 1.35.
1.32 Notify the assigned contract manager to this Contract in writing of any significant
incidents involving substantial disruption of Grantee's program operation or
affecting or potentially affecting the health,safety or welfare of the System Agency
funded clients or participants within three(3)calendar days of discovery in addition
to notifying the appropriate authorities.
1.33 Comply with the Contract's Terms and Conditions and the System Agency WIC
Program's property management policy.
1.34 Require that all Grantee Agents must comply with applicable Contract terms, State
and federal rules, regulations, HHSC's policies, and HHSC's requests regarding
personal and professional conduct; and otherwise conduct themselves in a
businesslike and professional manner while performing the Project.
If HHSC determines in good faith that a particular Grantee Agent is not conducting
himself or herself in accordance with the terms of the Contract,HHSC may provide
Grantee with notice and documentation regarding its concerns. Upon receipt of
such notice,Grantee must promptly investigate the matter and,at HHSC's election,
take appropriate action that may include removing the Grantee Agent from
performing the Project.
1.35 HHSC and the Grantee may formally document requests for decisions and/or
information, and the subsequent response to those requests, using controlled
correspondence,unless an alternate communication procedure is documented in the
WIC policy and procedures. To be effective, each controlled correspondence
document must be signed by both HHSC contract manager (or designee) and the
Grantee contract manager (or designee) identified in the Contract. An electronic
signature is acceptable. Controlled correspondence documents will be maintained
by both HHSC and Grantee in on-going logs and must become part of the normal
status reporting process.
1.36 Notify System Agency in writing at least ninety (90) calendar days before the
intended effective date of any change in legal entity status, such as ownership or
control, name change, legal status with the Texas Secretary of State, or State
Comptroller's Texas Identification Number. This will be documented and tracked
using controlled correspondence with the HHSC contract manager per Section 1.35.
1.37 Notify System Agency in writing within ten (10) calendar days of any change in
administrator or director; and within seven (7) business days of any change in the
contact telephone number designated in the Contract. This will be documented and
tracked using controlled correspondence with the HHSC contract manager per
Section 1.35.
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ATTACHMENT A
STATEMENT OF WORK
1.38 Notify their assigned contract manager in writing within one(1)business day when
Grantee has knowledge or any reason to believe that they or their agent, employee,
subcontractor or volunteer that is working in a financial role under this Contract has
been placed on community supervision, received deferred adjudication, or been
indicted for or convicted of a criminal offense relating to involvement in any
financial matter, federal or state program crime.
1.39 Notify in writing their assigned contract manager their insolvency, incapacity or
outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas
Workforce Commission within five(5)business days of the date of becoming aware
of such.
1.40 Ensure compliance with insurance coverage as written in the Contract's Terms and
Conditions and in this Attachment A, to include:
A. Insurance for governmental entities shall align to Texas Government Code
Chapter 2259, as it relates to self-insurance.
B. Grantee shall secure professional liability insurance on an occurrence basis
with a limit of not less than $1 million per occurrence or wrongful act and$1
million yearly aggregate for qualified professional services provided under
this Contract. Policy shall be endorsed with a waiver of subrogation in favor
of System Agency. This insurance shall not be canceled, materially changed,
or nonrenewed except after thirty (30) days written notice has been given to
System Agency. Coverage shall be written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and
rated A or better by A.M. Best Company or similar rating company or
otherwise acceptable to System Agency.
C. Additionally, unless employed by System Agency, Grantee or their agent,
employee, subcontractor or volunteer will not be allowed to operate System
Agency vehicles. Grantee or their agent,employee,subcontractor or volunteer
may operate their own vehicles in performance of their duties provided they
present proof of personal auto insurance and a valid driver's license. It is
understood that Grantees or their agents, employees, subcontractors or
volunteers are required to carry their own auto insurance at all times. Grantee
and all their agents, employees, subcontractors or volunteers shall hold
System Agency harmless from any liability resulting from operation of
personal vehicles.
1.41 Ensure adequate hardware, software and ongoing information technology (IT)
support necessary to maintain the Grantee's operations and activities.
II. DELIVERABLES
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ATTACHMENT A
STATEMENT OF WORK
2.1 Grantee must develop an annual Nutrition Education and Breastfeeding Plan,
including an Outreach and Retention Plan, in accordance with HHS WIC Program
Policy and Procedures Manual and initially submit to the System Agency in the
format designated by System Agency for review and approval. Grantee must
incorporate System Agency requested revisions, as applicable, by the date agreed
upon by the System Agency and Grantee. The System Agency shall have the option
to withhold reimbursement and/or implement other contractual remedies if the
required revisions to the Nutrition Education and Breastfeeding Plan are not
submitted by the final due date designated by the System Agency.
2.2 Grantee must submit a complete and accurate Financial Status Report (FSR) as a
final close-out FSR in the format designated by System Agency no later than sixty
(60)calendar days following the end of the corresponding fiscal year in accordance
with HHS WIC Program Policy and Procedures Manual. The System Agency shall
have the option to withhold reimbursement and/or implement other contractual
remedies if the final FSR is not submitted by November 29,or the date agreed upon
by the System Agency and Grantee.
III. PERFORMANCE MEASURES
The System Agency will monitor the Grantee's performance of the requirements in this
Attachment A and compliance with the Contract's terms and conditions. System Agency
will email the Grantee a notification when performance measure is not met and request an
action plan on how the Grantee will meet the performance measure for the next quarter.
The action plan must be reviewed and accepted by the System Agency.
The following performance measures will be used to assess,in part,Grantee's effectiveness
in providing the services described in the Contract, without waiving the enforceability of
any of the other terms of the Contract.
3.1 Grantee must:
A. Ensure an average of less than 5% of families who participate in the WIC
Program as food benefit recipients will refuse nutrition education classes at the
time of food benefit issuance, per quarter. The System Agency will access and
analyze performance measure data. The families nutrition education refusal
percentage is the number of families refusing nutrition education divided by the
number of families eligible to receive nutrition education.
B. Ensure an average of 20% of all pregnant women who enter the WIC Program
shall be certified as eligible during the period of the first trimester of their
pregnancy, per quarter. The System Agency will access and analyze
performance measure data. The certified first trimester percentage is the
number of pregnant women certified in the first trimester divided by the total
number of pregnant women certified.
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ATTACHMENT A
STATEMENT OF WORK
C. Ensure an average of 80% of clients enrolled in the WIC Program, excluding
dual participants, transfer locked and/or migrant clients, shall participate as
food benefit recipients each month (breastfeeding infants are also included in
the client count), per quarter. The System Agency will access and analyze
performance measure data. The active participant percentage is the number of
participating clients issued benefits where monthly participation status reason
is `Active' excluding dual participants, transfer locked and migrants, divided
by the number of eligible participants (enrolled) excluding dual participants,
transfer locked and migrants; and
D. Ensure an average customer satisfaction percentage of no more than 10%below
the statewide average,per quarter. The System Agency will access and analyze
performance measure data. The statewide customer satisfaction percentage is
an aggregate of all Grantee customer service satisfaction scores. Ten percent of
the statewide average is subtracted from the total statewide average giving the
Grantee the minimal acceptable customer satisfaction score. The System
Agency may use additional customer satisfaction comparisons to continually
improve the service in Texas.
IV. INVOICE AND PAYMENT
4.1 System Agency will send Grantee an annual funding letter ("Notice of Award")
setting the award amount for the corresponding fiscal year. Annual and funding
adjustment Notices of Award will be incorporated into this Contract by reference.
4.2 Grantee will request monthly reimbursements by e-mail to HHSC WIC Program
Services Unit at WICInvoices@hhs.texas.gov by the last business day of the
following month.
4.3 Grantee will submit a separate invoice for reimbursement of actual allowable costs
associated with each project as indicated on the Notice of Award funding letter.
A. Grantee will indicate separately on the face of the invoice,the costs associated
with administration,nutrition education,and breastfeeding, and/or in the format
designated by System Agency.
B. Grantee awarded SNAP-Ed Program funding will indicate separately on the
face of the invoice the expense by cost categories as instructed when awarded
the SNAP-Ed funding.
4.4 Grantee will submit FSR quarterly reports by e-mail for each project as indicated
on the Notice of Award funding letter to HHS WIC Program Services Unit at
WICInvoices@hhs.texas.gov by the last business day of the month following the
end of each quarter of the Contract term for review and financial assessment.
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ATTACHMENT A
STATEMENT OF WORK
4.5 Grantee will be paid in accordance with the terms of this Contract.
4.6 All payments made by System Agency to Grantee under this Contract will be
reimbursements subject to the following requirements, conditions and stipulations:
A. All categories of costs billed to System Agency and allocation of such costs,
shall be in accordance with the Plan to Allocate Direct Costs(PADC)submitted
by Grantee and accepted by the System Agency. This document is incorporated
in the Contract by reference.
B. System Agency will reimburse Grantee up to the earned allowable amount for
administrative costs necessary to fulfill program objectives such as determining
eligibility,providing appropriate nutrition education and counseling,providing
breastfeeding promotion and support, issuing benefits via the WIC EBT cards,
making participant referrals, vendor evaluation, outreach, and start-up costs.
C. Administrative funding is based on the Grantee's participant rate and/or a base
rate as established by System Agency.
D. Grantee will be allowed the option of receiving cash advances in accordance
with current System Agency's WIC program policy and procedures.
E. Grantee must liquidate all encumbrances and invoice for all costs associated
with the FFY within sixty(60) calendar days of the last day of the FFY.
F. Grantee shall utilize not less than 19% of total expenditures directly related to
nutrition education and counseling. Nutrition education and counseling
expenditures shall be supported by documentation of participant attendance
within the WIC Program.
G. System Agency will provide annually to Grantee an amount of funds that shall
be spent for breastfeeding promotion. The allocation of breastfeeding funds to
Grantee will be based on Grantee's proportional share of the statewide
combined total of pregnant and breastfeeding participants as reported on the
System Agency MIS known as the Texas Integrated Network(TXIN).
H. System Agency reserves the right to withhold payment or implement other
contractual remedies when evidence exists that nutrition education and/or
breastfeeding promotion is not being provided or not adequate, or Grantee is
not complying with the provisions of USDA and/or System Agency directives.
I. System Agency may provide extended hours funding to Grantee for participants
who are provided WIC services outside the normal traditional hours to the
extent that federal funding is available.
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ATTACHMENT A
STATEMENT OF WORK
J. To the extent that one time federal funding is available, System Agency may
allocate additional funding to Grantee to be used exclusively for one time staff
merits. Grantee will maintain authority for the distribution of merit funds and
request reimbursement for spent funds consistent with the award letter
requirements. Grantee must utilize the additional funding following the
specified System Agency methodology.
4.7 Grantee will submit a reimbursement or payment request as a final close-out
invoice not later than sixty(60) calendar days following the end of the
corresponding fiscal year. Reimbursement or payment requests received after the
deadline may not be paid.
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Health and Human Services (HHS)
Uniform Terms and Conditions - Grant
Version 3.5
Published and Effective — September 2024
Responsible Office: Chief Counsel
HHS Uniform Terms and Conditions—Grant v 3.5
Effective September 2024
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Docusign Envelope ID:551D8F84-88E9-49D7-999C-B34B3D638621
ABOUT THIS DOCUMENT
In this document,Grantees(also referred to in this document as subrecipients or contractors)will find
requirements and conditions applicable to grant funds administered and passed through by both the Texas Health
and Human Services Commission(HHSC)and the Department of State Health Services(DSHS). These
requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any
funding award by HHSC or DSHS.
The terms and conditions in this document are in addition to all requirements listed in the RFA, if any,under
which applications for this grant award are accepted, as well as all applicable federal and state laws and
regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200,
Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;
requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas
Comptroller of Public Accounts' agency rules;the Texas Grant Management Standards(TxGMS)developed by
the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation, or other
instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to
add requirements,terms,or conditions.
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TABLE OF CONTENTS
ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 6
1.1 DEFINITIONS 6
1.2 INTERPRETIVE PROVISIONS 7
ARTICLE II. PAYMENT PROVISIONS 8
2.1 PROMPT PAYMENT 8
2.2 TAXES 8
2.3 ANCILLARY AND TRAVEL EXPENSES 8
2.4 BILLING 9
2.5 USE OF FUNDS 9
2.6 USE FOR MATCH PROHIBITED 9
2.7 PROGRAM INCOME 9
2.8 NONSUPPLANTING 9
2.9 INDIRECT COST RATES 9
ARTICLE III. STATE AND FEDERAL FUNDING 10
3.1 EXCESS OBLIGATIONS PROHIBITED 10
3.2 No DEBT AGAINST THE STATE 10
3.3 DEBTS AND DELINQUENCIES 10
3.4 REFUNDS AND OVERPAYMENTS 10
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 10
4.1 ALLOWABLE COSTS 10
4.2 AUDITS AND FINANCIAL STATEMENTS 11
4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS 12
ARTICLE V. WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 12
5.1 WARRANTY 12
5.2 GENERAL AFFIRMATIONS 12
5.3 FEDERAL ASSURANCES 12
5.4 FEDERAL CERTIFICATIONS 12
5.5 STATE ASSURANCES 13
ARTICLE VI. INTELLECTUAL PROPERTY 13
6.1 OWNERSHIP OF WORK PRODUCT 13
6.2 GRANTEE'S PRE-EXISTING WORKS 13
6.3 THIRD PARTY IP 14
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6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS 14
6.5 DELIVERY UPON TERMINATION OR EXPIRATION 14
6.6 SURVIVAL 14
6.7 SYSTEM AGENCY DATA 14
ARTICLE VII. PROPERTY 15
7.1 USE OF STATE PROPERTY 15
7.2 DAMAGE TO STATE PROPERTY 15
7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT 16
7.4 EQUIPMENT AND PROPERTY 16
ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY 16
8.1 RECORD MAINTENANCE AND RETENTION 16
8.2 AGENCY'S RIGHT TO AUDIT 16
8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS 17
8.4 STATE AUDITOR'S RIGHT TO AUDIT 17
8.5 CONFIDENTIALITY 18
ARTICLE IX. GRANT REMEDIES,TERMINATION AND PROHIBITED ACTIVITIES 18
9.1 REMEDIES 18
9.2 TERMINATION FOR CONVENIENCE 18
9.3 TERMINATION FOR CAUSE 19
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS 19
9.5 INHERENTLY RELIGIOUS ACTIVITIES 19
9.6 POLITICAL ACTIVITIES 19
ARTICLE X. INDEMNITY 20
10.1 GENERAL INDEMNITY 20
10.2 INTELLECTUAL PROPERTY 20
10.3 ADDITIONAL INDEMNITY PROVISIONS 21
ARTICLE XI. GENERAL PROVISIONS 21
11.1 AMENDMENTS 21
11.2 No QUANTITY GUARANTEES 21
11.3 CHILD ABUSE REPORTING REQUIREMENTS 21
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE
POLICY MINIMUM STANDARDS 21
11.5 INSURANCE AND BONDS 22
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11.6 LIMITATION ON AUTHORITY 22
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS 23
11.8 SUBCONTRACTORS 23
11.9 PERMITTING AND LICENSURE 23
11.10 INDEPENDENT CONTRACTOR 23
11.11 GOVERNING LAW AND VENUE 23
11.12 SEVERABILITY 24
11.13 SURVIVABILITY 24
11.14 FORCE MAJEURE 24
11.15 NO IMPLIED WAIVER OF PROVISIONS 24
11.16 FUNDING DISCLAIMERS AND LABELING 24
11.17 MEDIA RELEASES 25
11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS 25
11.19 SOVEREIGN IMMUNITY 25
11.20 ENTIRE CONTRACT AND MODIFICATION 25
11.21 COUNTERPARTS 25
11.22 PROPER AUTHORITY 26
11.23 E-VERIFY PROGRAM 26
11.24 CIVIL RIGHTS 26
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS 27
11.26 DISCLOSURE OF LITIGATION 27
11.27 NO THIRD PARTY BENEFICIARIES 27
11.28 BINDING EFFECT 27
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ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS
1.1 DEFINITIONS
As used in this Grant Agreement, unless a different definition is specified, or the context
clearly indicates otherwise,the following terms and conditions have the meanings assigned
below:
"Amendment"means a written agreement, signed by the Parties, which documents
changes to the Grant Agreement.
"Contract"or"Grant Agreement"means the agreement entered into by the Parties,
including the Signature Document,these Uniform Terms and Conditions,along with any
attachments and amendments that may be issued by the System Agency.
"Deliverables"means the goods, services, and work product, including all reports and
project documentation, required to be provided by Grantee to the System Agency.
"DSHS"means the Department of State Health Services.
"Effective Date"means the date on which the Grant Agreement takes effect.
"Federal Fiscal Year"means the period beginning October 1 and ending September 30
each year, which is the annual accounting period for the United States government.
"GAAP"means Generally Accepted Accounting Principles.
"GASB"means the Governmental Accounting Standards Board.
"Grantee"means the Party receiving funds under this Grant Agreement. May also be
referred to as "subrecipient"or"contractor" in this document.
"HHSC"means the Texas Health and Human Services Commission.
"Health and Human Services" or"HHS"includes HHSC and DSHS.
"Intellectual Property Rights"means the worldwide proprietary rights or interests,
including patent, copyright, trade secret, and trademark rights, as such right may be
evidenced by or embodied in:
i. any idea, design, concept,personality right,method,process, technique,
apparatus, invention, discovery, or improvement;
ii. any work of authorship, including any compilation, computer code, website or
web page design, literary work, pictorial work, or graphic work;
iii. any trademark, service mark, trade dress, trade name, branding, or other indicia
of source or origin;
iv. domain name registrations; and
v. any other proprietary or similar rights. The Intellectual Property Rights of a Party
include all worldwide proprietary rights or interests that the Party may have
acquired by assignment,by exclusive license, or by license with the right to grant
sublicenses.
"Parties"means the System Agency and Grantee, collectively.
"Party"means either the System Agency or Grantee, individually.
"Project"means specific activities of the Grantee that are supported by funds provided
under this Grant Agreement.
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"Signature Document"means the document executed by all Parties for this Grant
Agreement.
"Solicitation" "Funding Announcement"or"Request for Applications (RFA)"means
the document(including all exhibits, attachments, and published addenda), issued by the
System Agency under which applications for grant funds were requested,which is
incorporated by reference in the Grant Agreement for all purposes in its entirety.
"Solicitation Response" or"Application"means Grantee's full and complete Solicitation
response (including any attachments and addenda),which is incorporated by reference in
the Grant Agreement for all purposes in its entirety.
"State Fiscal Year"means the period beginning September 1 and ending August 31 each
year, which is the annual accounting period for the State of Texas.
"State of Texas Textravel"means the Texas Comptroller of Public Accounts' website
relative to travel reimbursements under this Contract, if any.
"Statement of Work"means the description of activities Grantee must perform to complete
the Project, as specified in the Grant Agreement, and as may be amended.
"System Agency"means HHSC or DSHS,as applicable.
"Work Product"means any and all works, including work papers, notes,materials,
approaches, designs, specifications, systems, innovations, improvements, inventions,
software,programs, source code, documentation, training materials, audio or audiovisual
recordings, methodologies, concepts, studies, reports, whether finished or unfinished,
and whether or not included in the deliverables, that are developed,produced, generated
or provided by Grantee in connection with Grantee's performance of its duties under the
Grant Agreement or through use of any funding provided under this Grant Agreement.
"Texas Grant Management Standards"or"TxGMS"means uniform grant and contract
administration procedures, developed under the authority of Chapter 783 of the
Texas Government Code, to promote the efficient use of public funds in local
government and in programs requiring cooperation among local, state, and federal
agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise
provided by applicable law or directed by System Agency. Additionally, except as
otherwise provided by applicable law, in the event of a conflict between TxGMS and
applicable federal or state law, federal law prevails over state law and state law prevails
over TxGMS.
1.2 INTERPRETIVE PROVISIONS
A. The meanings of defined terms include the singular and plural forms.
B. The words "hereof,""herein,""hereunder," and similar words refer to this Grant
Agreement as a whole and not to any particular provision, section, attachment, or
schedule of this Grant Agreement unless otherwise specified.
C. The term"including"is not limiting and means "including without limitation"and,
unless otherwise expressly provided in this Grant Agreement, (i)references to contracts
(including this Grant Agreement) and other contractual instruments shall be deemed to
include all subsequent Amendments and other modifications,but only to the extent that
such Amendments and other modifications are not prohibited by the terms of this Grant
Agreement, and(ii)references to any statute or regulation are to be construed as
including all statutory and regulatory provisions consolidating, amending, replacing,
supplementing, or interpreting the statute or regulation.
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D. Any references to agreements, contracts, statutes, or administrative rules or regulations
in the Grant Agreement are references to these documents as amended, modified, or
supplemented during the term of the Grant Agreement.
E. The captions and headings of this Grant Agreement are for convenience of reference
only and do not affect the interpretation of this Grant Agreement.
F. All attachments, including those incorporated by reference, and any Amendments are
considered part of the terms of this Grant Agreement.
G. This Grant Agreement may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and policies are
cumulative.
H. Unless otherwise expressly provided, reference to any action of the System Agency or
by the System Agency by way of consent, approval, or waiver will be deemed modified
by the phrase "in its sole discretion."
I. Time is of the essence in this Grant Agreement.
J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's
designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other
error. If Grantee fails to notify the System Agency designated contact of any ambiguity,
conflict, discrepancy, omission, or other error in the Grant Agreement prior to Grantee's
execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s).
No grantee will be entitled to additional reimbursement, relief, or time by reason of any
ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or
its later correction.
ARTICLE II. PAYMENT PROVISIONS
2.1 PROMPT PAYMENT
Payment shall be made in accordance with Chapter 2251 of the Texas Government Code,
commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas
Government Code shall govern remittance of payment and remedies for late payment and
non-payment.
2.2 TAXES
Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from
the Grant Agreement, including,but not limited to, any federal, State, or local income, sales
or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes
resulting from the Grant Agreement.
2.3 ANCILLARY AND TRAVEL EXPENSES
A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by
the Grantee in connection with its provision of the services or deliverables will be
reimbursed by the System Agency. Ancillary expenses include,but are not limited to,
costs associated with transportation, delivery, and insurance for each deliverable.
B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel
expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in
accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can
currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/
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2.4 BILLING
Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in
accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement,
Grantee shall submit requests for reimbursement or payment monthly by the last business
day of the month following the month in which expenses were incurred or services provided.
Grantee shall maintain all documentation that substantiates invoices and make the
documentation available to the System Agency upon request.
2.5 USE OF FUNDS
Grantee shall expend funds under this Grant Agreement only for approved services and for
reasonable and allowable expenses directly related to those services.
2.6 USE FOR MATCH PROHIBITED
Grantee shall not use funds provided under this Grant Agreement for matching purposes in
securing other funding without the written approval of the System Agency.
2.7 PROGRAM INCOME
Program income refers to gross income directly generated by a supporting activity during
the period of performance. Unless otherwise required under the Grant Agreement, Grantee
shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall
spend the Program Income on the Project. Grantee shall identify and report Program Income
in accordance with the Grant Agreement, applicable law, and any programmatic guidance.
Grantee shall expend Program Income during the Grant Agreement term, when earned, and
may not carry Program Income forward to any succeeding term. Grantee shall refund
Program Income to the System Agency if the Program Income is not expended in the term in
which it is earned. The System Agency may base future funding levels, in part, upon
Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and
in using Program Income for the purposes and under the conditions specified in this Grant
Agreement.
2.8 NONSUPPLANTING
Grant funds must be used to supplement existing, new or corresponding programming and
related activities. Grant funds may not be used to supplant(replace) existing funds that have
been appropriated, allocated, or disbursed for the same purpose. System Agency may
conduct Grant monitoring or audits may be conducted to review, among other things,
Grantee's compliance with this provision.
2.9 LVDIRECT COST RATES
The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for
all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost
rates will be determined in accordance with applicable law including,but not limited to, 2
CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in
accordance with applicable law including,but not limited to, TxGMS. Grantees funded with
blended federal and state funding will be subject to both state and federal requirements when
determining indirect costs. In the event of a conflict between TxGMS and applicable federal
law or regulation,the provisions of federal law or regulation will apply. Grantee will provide
any necessary financial documents to determine the indirect cost rate in accordance with the
Uniform Grant Guidance (UGG) and TxGMS.
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ARTICLE III. STATE AND FEDERAL FUNDING
3.1 EXCESS OBLIGATIONS PROHIBITED
This Grant Agreement is subject to termination or cancellation, without penalty to System
Agency, either in whole or in part, subject to the availability and actual receipt by System
Agency of state or federal funds. System Agency is a state agency whose authority and
appropriations are subject to actions of the Texas Legislature. If System Agency becomes
subject to a legislative change,revocation of statutory authority, or lack of appropriated
funds that would render either System Agency's or Grantee's delivery or performance under
the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or
cancelled and be deemed null and void. In the event of a termination or cancellation under
this Section, System Agency will not be liable to Grantee for any damages that are caused or
associated with such termination or cancellation, and System Agency will not be required to
give prior notice. Additionally, System Agency will not be liable to Grantee for any
remaining unpaid funds under this Grant Agreement at time of termination.
3.2 NO DEBT AGAINST THE STATE
This Grant Agreement will not be construed as creating any debt by or on behalf of the State
of Texas.
3.3 DEBTS AND DELINQUENCIES
Grantee agrees that any payments due under the Grant Agreement shall be directly applied
towards eliminating any debt or delinquency it has to the State of Texas including,but not
limited to, delinquent taxes, delinquent student loan payments, and delinquent child support
during the entirety of the Grant Agreement term.
3.4 REFUNDS AND OVERPAYMENTS
A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to
Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or
if any required financial status report(s)is not submitted by the due date(s); or(ii)require
Grantee to promptly refund or credit-within thirty(30) calendar days of written notice—
to System Agency any funds erroneously paid by System Agency which are not expressly
authorized under the Grant Agreement.
B. "Overpayments" as used in this Section include payments (i)made by the System
Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable
laws,rules,or regulations;or(iii) that are otherwise inconsistent with this Grant
Agreement,including any unapproved expenditures. Grantee understands and agrees that
it shall be liable to the System Agency for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this Grant Agreement. Grantee further
understands and agrees that reimbursement of such disallowed costs shall be paid by
Grantee from funds which were not provided or otherwise made available to Grantee
under this Grant Agreement.
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS
4.1 ALLOWABLE COSTS
A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant
Management Standards (TxGMS) and applicable state and federal rules and laws. This
Grant Agreement is subject to all applicable requirements of TxGMS, including the
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criteria for Allowable Costs. Additional federal requirements apply if this Grant
Agreement is funded, in whole or in part, with federal funds.
B. System Agency will reimburse Grantee for actual,allowable, and allocable costs incurred
by Grantee in performing the Project,provided the costs 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 Grant Agreement. At its sole
discretion, the System Agency will determine whether costs submitted by Grantee are
allowable and eligible for reimbursement. The System Agency may take repayment
(recoup) from remaining funds available under this Grant Agreement in amounts
necessary to fulfill Grantee's repayment obligations. Grantee and all payments received
by Grantee under this Grant Agreement are subject to applicable cost principles, audit
requirements, and administrative requirements including applicable provisions under 2
CFR 200, 48 CFR Part 31, and TxGMS.
C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect
given to whichever provision imposes the more stringent requirement in the event of a
conflict.
4.2 AUDITS AND FINANCIAL STATEMENTS
A. Audits
i. Grantee understands and agrees that Grantee is subject to any and all applicable audit
requirements found in state or federal law or regulation or added by this Grant
Agreement.
ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit
Determination Form. If Grantee fails to complete the form within thirty (30) calendar
days after receipt of notice, Grantee may be subject to sanctions and remedies for
non-compliance.
iii. If Grantee,within Grantee's fiscal year, expends federal funds awarded of at least
$750,000 for audit periods beginning before October 1, 2024 (beginning on or after
October 1, 2024, at least $1,000,000), Grantee shall have a single audit or program-
specific audit in accordance with 2 CFR 200. The federal threshold amount includes
federal funds passed through by way of state agency awards.
iv. If Grantee, within Grantee's fiscal year, expends at least$750,000 in state funds
awarded or other amount specified in the TxGMS, Grantee shall have a single audit
or program-specific audit in accordance with TxGMS. The audit must be conducted
by an independent certified public accountant and in accordance with 2 CFR 200,
Government Auditing Standards, and TxGMS.
v. For-profit Grantees whose expenditures meet or exceed the federal or state
expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or
TxGMS, as applicable, for their program-specific audits.
vi. Each Grantee required to obtain a single audit must competitively re-procure single
audit services once every six years. Grantee shall procure audit services in
compliance with this section, state procurement procedures, as well as with
applicable provisions of 2 CFR 200 and TxGMS.
B. Financial Statements.
Each Grantee that does not meet the expenditure threshold for a single audit or program-
specific audit, must provide financial statements for the audit period.
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4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS
A. Audits.
Due the earlier of 30 days after receipt of the independent certified public accountant's
report or nine months after the end of the fiscal year, Grantee shall submit one electronic
copy of the single audit or program-specific audit to the System Agency via:
i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or,
ii. Email to: single audit report(&,,hhsc.state.tx.us.
B. Financial Statements.
Due no later than nine months after the Grantee's fiscal year-end, Grantees not required
to submit an audit, shall submit one electronic copy of their financial statements via:
i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or,
ii. Email to: single audit report(a,hhsc.state.tx.us.
ARTICLE V. WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS
5.1 WARRANTY
Grantee warrants that all work under this Grant Agreement shall be completed in a manner
consistent with standards under the terms of this Grant Agreement, in the applicable trade,
profession, or industry; shall conform to or exceed the specifications set forth in the Grant
Agreement;and all deliverables shall be fit for ordinary use,of good quality,and with no
material defects. If System Agency, in its sole discretion, determines Grantee has failed to
complete work timely or to perform satisfactorily under conditions required by this Grant
Agreement, the System Agency may require Grantee, at its sole expense, to:
i. Repair or replace all defective or damaged work;
ii. Refund any payment Grantee received from System Agency for all defective or
damaged work and, in conjunction therewith, require Grantee to accept the return of
such work; and,
iii. Take necessary action to ensure that Grantee's future performance and work conform
to the Grant Agreement requirements.
5.2 GENERAL AFFIRMATIONS
Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement,
the Grantee has reviewed the affirmations and that Grantee is in compliance with all
requirements.
5.3 FEDERAL ASSURANCES
Grantee further certifies that, to the extent federal assurances are incorporated into the Grant
Agreement,the Grantee has reviewed the federal assurances and that Grantee is in
compliance with all requirements.
5.4 FEDERAL CERTIFICATIONS
Grantee further certifies that, to the extent federal certifications are incorporated into the
Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in
compliance with all requirements. In addition, Grantee certifies that it is in compliance with
all applicable federal laws,rules,and regulations, as they may pertain to this Grant Agreement.
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5.5 STATE ASSURANCES
Except to the extent of any conflict under applicable law or requirements or guidelines of
any federal awarding agency from which funding for this Grant Agreement originated, the
Grantee must comply with the applicable state assurances included within the TxGMS
which are incorporated here by reference.
ARTICLE VI. INTELLECTUAL PROPERTY
6.1 OWNERSHIP OF WORK PRODUCT
A. All right,title, and interest in the Work Product, including all Intellectual Property
Rights therein,is exclusively owned by System Agency. Grantee and Grantee's
employees will have no rights in or ownership of the Work Product or any other property
of System Agency.
B. Any and all Work Product that is copyrightable under United States copyright law is
deemed to be "work made for hire" owned by System Agency, as provided by Title 17
of the United States Code. To the extent that Work Product does not qualify as a"work
made for hire"under applicable federal law, Grantee hereby irrevocably assigns and
transfers to System Agency, its successors and assigns, the entire right,title, and interest
in and to the Work Product, including any and all Intellectual Property Rights
embodied therein or associated therewith, and in and to all works based upon, derived
from, or incorporating the Work Product, and in and to all income,royalties, damages,
claims and payments now or hereafter due or payable with respect thereto, and in and to
all causes of action, either in law or in equity for past,present or future infringement
based on the copyrights,and in and to all rights corresponding to the foregoing.
C. Grantee agrees to execute all papers and to perform such other acts as System Agency
may deem necessary to secure for System Agency or its designee the rights herein
assigned.
D. In the event that Grantee has any rights in and to the Work Product that cannot be
assigned to System Agency, Grantee hereby grants to System Agency an exclusive,
worldwide, royalty-free, transferable, irrevocable, and perpetual license,with the right to
sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform
and publicly display, make,have made,use, sell and offer for sale the Work Product and
any products developed by practicing such rights.
E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that
are incorporated in the Work Product by Grantee. Grantee shall provide System Agency
access during normal business hours to all Grantee materials,premises, and computer
files containing the Work Product.
6.2 GRANTEE'S PRE-EXISTING WORKS
A. To the extent that Grantee incorporates into the Work Product any works of Grantee that
were created by Grantee or that Grantee acquired rights in prior to the Effective Date of
this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership
of such Incorporated Pre-existing Works.
B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive,
royalty-free,transferable,worldwide right and license,with the right to sublicense, to
use, reproduce,modify, copy, create derivative works of,publish,publicly perform and
display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in
any medium, with or without the associated Work Product.
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C. Grantee represents, warrants, and covenants to System Agency that Grantee has all
necessary right and authority to grant the foregoing license in the Incorporated Pre-
existing Works to System Agency.
6.3 THIRD PARTY IP
A. To the extent that any Third Party IP is included or incorporated in the Work Product by
Grantee,Grantee hereby grants to System Agency,or shall obtain from the applicable
third party for System Agency's benefit, the irrevocable,perpetual, non-exclusive,
worldwide, royalty-free right and license, for System Agency's internal business or
governmental purposes only, to use, reproduce, display,perform, distribute copies of,
and prepare derivative works based upon such Third Party IP and any derivative works
thereof embodied in or delivered to System Agency in conjunction with the Work
Product, and to authorize others to do any or all of the foregoing.
B. Grantee shall obtain System Agency's advance written approval prior to incorporating
any Third Party IP into the Work Product, and Grantee shall notify System Agency on
delivery of the Work Product if such materials include any Third Party IP.
C. Grantee shall provide System Agency all supporting documentation demonstrating
Grantee's compliance with this Section 6.3,including without limitation documentation
indicating a third party's written approval for Grantee to use any Third Party IP that may
be incorporated in the Work Product.
6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS
Grantee shall have written, binding agreements with its employees and subcontractors that
include provisions sufficient to give effect to and enable Grantee's compliance with
Grantee's obligations under this Article VI, Intellectual Property.
6.5 DELIVERY UPON TERMINATION OR EXPIRATION
No later than the first calendar day after the termination or expiration of the Grant Agreement
or upon System Agency's request,Grantee shall deliver to System Agency all completed,or
partially completed, Work Product, including any Incorporated Pre-existing Works, and any
and all versions thereof. Grantee's failure to timely deliver such Work Product is a material
breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any
documentation or other products or results of Grantee's activities under the Grant Agreement
without the prior written consent of System Agency.
6.6 SURVIVAL
The provisions and obligations of this Article survive any termination or expiration of the
Grant Agreement.
6.7 SYSTEM AGENCY DATA
A. As between the Parties, all data and information acquired, accessed, or made available to
Grantee by, through, or on behalf of System Agency or System Agency contractors,
including all electronic data generated,processed, transmitted, or stored by Grantee in
the course of providing data processing services in connection with Grantee's
performance hereunder(the"System Agency Data"),is owned solely by System Agency.
B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of,
copy,disclose,or process the System Agency Data except as required for Grantee to
fulfill its obligations under the Grant Agreement or as authorized in advance in writing
by System Agency.
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C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from
permitting any third party to use, System Agency Data for marketing, research, or other
non-governmental or commercial purposes, without the prior written consent of System
Agency.
D. Grantee shall make System Agency Data available to System Agency, including to
System Agency's designated vendors, as directed in writing by System Agency. The
foregoing shall be at no cost to System Agency.
E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect,
and/or transmit the System Agency Data shall not excuse Grantee's performance of its
obligations hereunder.
ARTICLE VII. PROPERTY
7.1 USE OF STATE PROPERTY
A. Grantee is prohibited from using State Property for any purpose other than performing
Services authorized under the Grant Agreement.
B. State Property includes,but is not limited to, System Agency's office space,
identification badges, System Agency information technology equipment and networks
(e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data
storage devices, any System Agency-issued software, and the System Agency Virtual
Private Network (VPN client)), and any other resources of System Agency.
C. Grantee shall not remove State Property from the continental United States. In addition,
Grantee may not use any computing device to access System Agency's network or e-
mail while outside of the continental United States.
D. Grantee shall not perform any maintenance services on State Property unless the Grant
Agreement expressly authorizes such Services.
E. During the time that State Property is in the possession of Grantee, Grantee shall be
responsible for:
i. all repair and replacement charges incurred by State Agency that are associated with
loss of State Property or damage beyond normal wear and tear, and
ii. all charges attributable to Grantee's use of State Property that exceeds the Grant
Agreement scope. Grantee shall fully reimburse such charges to System Agency
within ten(10) calendar days of Grantee's receipt of System Agency's notice of
amount due. Use of State Property for a purpose not authorized by the Grant
Agreement shall constitute breach of contract and may result in termination of the
Grant Agreement and the pursuit of other remedies available to System Agency
under contract, at law, or in equity.
7.2 DAMAGE TO STATE PROPERTY
A. In the event of loss,destruction,or damage to any System Agency or State of Texas
owned, leased, or occupied property or equipment by Grantee or Grantee's employees,
agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the
State of Texas for the full cost of repair, reconstruction, or replacement of the lost,
destroyed, or damaged property.
B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or
property within one (1)business day. Grantee shall reimburse System Agency and the
State of Texas for such property damage within ten(10)calendar days after Grantee's
receipt of System Agency's notice of amount due.
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7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT
In the event the Grant Agreement is terminated for any reason or expires, State Property
remains the property of the System Agency and must be returned to the System Agency by
the earlier of the end date of the Grant Agreement or upon System Agency's request.
7.4 EQUIPMENT AND PROPERTY
All equipment and property acquired by Grantee, with funds awarded under this Grant
Agreement, are subject to all applicable laws and governing authority including,but not
limited to, applicable provisions of 2 CFR 200 and TxGMS. System Agency funds must not
be used to purchase buildings or real property without prior written approval from System
Agency. Any costs related to the initial acquisition of the buildings or real property are not
allowable without written pre-approval.
ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY
8.1 RECORD MAINTENANCE AND RETENTION
A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records necessary to fully disclose to the System Agency,the Texas State
Auditor's Office, the United States Government, and their authorized representatives all
information required to determine compliance with the terms and conditions of this Grant
Agreement and all state and federal rules, regulations, and statutes. Grantee shall ensure
these same requirements are included in all subcontracts.
B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records
relating to the performance of the Grant Agreement, including supporting fiscal
documents adequate to ensure that claims for grant funds are in accordance with
applicable State of Texas requirements. These records shall be maintained and retained
by the Grantee for a minimum of seven(7)years after the Grant Agreement expiration
date or seven(7)years after all audits, claims, litigation, or disputes involving the Grant
Agreement are resolved, whichever is later. Grantee shall ensure these same
requirements are included in all subcontracts.
8.2 AGENCY'S RIGHT TO AUDIT
A. Grantee shall make available at reasonable times and upon reasonable notice, and for
reasonable periods, work papers,reports,books,records, supporting documents kept
current by Grantee pertaining to the Grant Agreement for purposes of inspecting,
monitoring, auditing, or evaluating by System Agency and the State of Texas. Grantee
shall ensure these same requirements are included in all subcontracts.
B. In addition to any right of access arising by operation of law, Grantee and any of
Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System
Agency or any of its duly authorized representatives, as well as duly authorized federal,
state or local authorities, unrestricted access to and the right to examine any site where
business is conducted or services are performed, and all records, which includes but is
not limited to financial, client and patient records,books, papers or documents related to
this Grant Agreement. Grantee shall permit the System Agency or any of its duly
authorized federal, state, or local authorities unrestricted access to and the right to
examine all external contracts and or pricing models or methodologies related to the
Grant Agreement. Grantee shall ensure these same requirements are included in all
subcontracts. If the Grant Agreement includes federal funds, federal agencies that shall
have a right of access to records as described in this section include: the federal agency
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providing the funds, the Comptroller General of the United States, the General
Accounting Office, the Office of the Inspector General, and any of their authorized
representatives. In addition, agencies of the State of Texas that shall have a right of
access to records as described in this section include: the System Agency, HHS's
contracted examiners, the State Auditor's Office, the Office of the Texas Attorney
General, and any successor agencies. Each of these entities may be a duly authorized
authority.
C. If deemed necessary by the System Agency or any duly authorized authority, for the
purpose of oversight, including,but not limited to, reviews, inspections, audits and
investigations, Grantee shall produce original documents related to this Grant
Agreement.
D. The System Agency and any duly authorized authority shall have the right to audit
billings both before and after payment, and all documentation that substantiates the
billings and payments related to the Grant Agreement, including those related to a
Subcontractor.
E. Grantee shall include the System Agency's and any of its duly authorized
representatives', as well as duly authorized federal, state, or local authorities,
unrestricted right of access to, and examination of, sites and information related to this
Grant Agreement in any Subcontract it awards.
8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS
A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections
necessary to address any finding of noncompliance with any law, regulation, audit
requirement, or generally accepted accounting principle, or any other deficiency
identified in any audit, review, inspection or investigation of the Grant Agreement and
the services and Deliverables provided. Any such correction will be at Grantee's or its
Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall
be solely the decision of the System Agency.
B. As part of the services, Grantee must provide to HHS upon request a copy of those
portions of Grantee's and its Subcontractors'internal audit reports relating to the services
and Deliverables provided to the State under the Grant Agreement.
C. Grantee shall include the requirement to provide to System Agency(and any of its duly
authorized federal, state, or local authorities) internal audit reports related to this Grant
Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall
enforce this requirement against its Subcontractor. Further, Grantee shall include in any
Subcontract it awards a requirement that all Subcontractor Subcontracts must also
include these provisions.
8.4 STATE AUDITOR'S RIGHT TO AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the Grant Agreement or indirectly through a subcontract under the Grant
Agreement. The acceptance of funds directly under the Grant Agreement or indirectly
through a subcontract under the Grant Agreement acts as acceptance of the authority of the
state auditor,under the direction of the legislative audit committee,to conduct an audit or
investigation in connection with those funds.Under the direction of the legislative audit
committee, an entity that is the subject of an audit or investigation by the state auditor must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit. Grantee shall ensure the authority to audit funds received
indirectly by subcontractors through the contract and the requirement to cooperate is
included in any subcontract it awards.
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8.5 CONFIDENTIALITY
Grantee shall maintain as confidential and shall not disclose to third parties without System
Agency's prior written consent, any System Agency information including but not limited to
System Agency's business activities,practices, systems, conditions and services. This
Article VIII will survive termination or expiration of this Grant Agreement. Further,the
obligations of Grantee under this Article VIII will survive termination or expiration of this
Grant Agreement. This requirement must be included in all subcontracts awarded by
Grantee.
ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES
9.1 REMEDIES
A To ensure Grantee's full performance of the Grant Agreement and compliance with
applicable law, System Agency reserves the right to hold Grantee accountable for breach
of contract or substandard performance and may take remedial or corrective actions,
including,but not limited to the following:
i. temporarily withholding cash disbursements or reimbursements pending correction of
the deficiency;
ii. disallowing or denying use of funds for the activity or action deemed not to be in
compliance;
iii. disallowing claims for reimbursement that may require a partial or whole return of
previous payments or reimbursements;
iv. suspending all or part of the Grant Agreement;
v. requiring the Grantee to take specific actions in order to remain in compliance with
the Grant Agreement;
vi. recouping payments made by the System Agency to the Grantee found to be in error;
vii. suspending, limiting, or placing conditions on the Grantee's continued performance
of the Project;
viii. prohibiting the Grantee from receiving additional funds for other grant programs
administered by the System Agency until satisfactory compliance resolution is
obtained;
ix. withholding release of new grant agreements; and
x. imposing any other remedies, sanctions or penalties authorized under this Grant
Agreement or permitted by federal or state statute, law,regulation or rule.
B. Unless expressly authorized by System Agency, Grantee may not be entitled to
reimbursement for expenses incurred while the Grant Agreement is suspended.
C. No action taken by System Agency in exercising remedies or imposing sanctions will
constitute or operate as a waiver of any other rights or remedies available to System
Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by
System Agency in exercising remedies or imposing sanctions will constitute or operate
as an acceptance,waiver, or cure of Grantee's breach. Unless expressly authorized by
System Agency, Grantee may not be entitled to reimbursement for expenses incurred
while the Grant Agreement is suspended or after termination.
9.2 TERMINATION FOR CONVENIENCE
The System Agency may terminate the Grant Agreement, in whole or in part, at any time
when, in its sole discretion, the System Agency determines that termination is in the best
interests of the State of Texas. The termination will be effective on the date specified in the
System Agency's notice of termination.
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9.3 TERMINATION FOR CAUSE
A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the
System Agency may terminate the Grant Agreement, in whole or in part,upon either of
the following conditions:
i. Material Breach
The System Agency may terminate the Grant Agreement, in whole or in part, if the
System Agency determines, in its sole discretion, that Grantee has materially
breached the Grant Agreement or has failed to adhere to any laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction, whether or
not such violation prevents or substantially impairs performance of Grantee's duties
under the Grant Agreement. Grantee's misrepresentation in any aspect including,
but not limited to, of Grantee's Solicitation Application, if any, or Grantee's
addition to the SAM exclusion list(identification in SAM as an excluded entity)
may also constitute a material breach of the Grant Agreement.
ii. Failure to Maintain Financial Viability
The System Agency may terminate the Grant Agreement if the System Agency, in
its sole discretion, determines that Grantee no longer maintains the financial
viability required to complete the services and deliverables, or otherwise fully
perform its responsibilities under the Grant Agreement.
B. System Agency will specify the effective date of such termination in the notice to
Grantee. If no effective date is specified, the Grant Agreement will terminate on the
date of the notification.
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS
If the System Agency terminates the Grant Agreement for cause,the Grantee shall be
responsible to the System Agency for all costs incurred by the System Agency and the State
of Texas to replace the Grantee. These costs include,but are not limited to, the costs of
procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's
failure to perform any work in accordance with the terms of the Grant Agreement.
9.5 INHERENTLY RELIGIOUS ACTIVITIES
Grantee may not use grant funding to engage in inherently religious activities, such as
proselytizing, scripture study, or worship. Grantees may engage in inherently religious
activities; however, these activities must be separate in time or location from the grant-
funded program. Moreover, grantees must not compel program beneficiaries to participate in
inherently religious activities. These requirements apply to all grantees, not just faith-based
organizations.
9.6 POLITICAL ACTIVITIES
Grant funds cannot be used for the following activities:
A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using
grant funds directly or indirectly for political purposes, including lobbying, advocating
for legislation, campaigning for, endorsing, contributing to, or otherwise supporting
political candidates or parties, and voter registration campaigns. Grantees may use
private, or non-System Agency money or contributions for political purposes but may
not charge to, or be reimbursed from, System Agency contracts or grants for the costs of
such activities.
B. Grant-funded employees may not use official authority or influence to achieve any
political purpose and grant funds cannot be used for the salary,benefits, or any other
compensation of an elected official.
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C. Grant funds may not be used to employ, in any capacity, a person who is required by
Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant
funds cannot be used to pay membership dues to an organization that partially or wholly
pays the salary of a person who is required by Chapter 305 of the Texas Government
Code to register as a lobbyist.
D. As applicable, Grantee will comply with 31 USC § 1352,relating to the limitation on use
of appropriated funds to influence certain Federal contracting and financial transactions.
ARTICLE X. INDEMNITY
10.1 GENERAL INDEMNITY
A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS,
AGENTS,EMPLOYEES,REPRESENTATIVES,CONTRACTORS,
ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,
ACTIONS,CLAIMS,DEMANDS,OR SUITS,AND ALL RELATED COSTS,
ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING
FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS,
EMPLOYEES,SUBCONTRACTORS, ORDER FULFILLERS,OR SUPPLIERS
OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE
GRANT AGREEMENT.
B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE
CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD
HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR
LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS
OF THE SYSTEM AGENCY OR ITS EMPLOYEES.
C. FOR THE AVOIDANCE OF DOUBT, SYSTEM AGENCY SHALL NOT
INDEMNIFY GRANTEE OR ANY OTHER ENTITY UNDER THE GRANT
AGREEMENT.
10.2 INTELLECTUAL PROPERTY
GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE
SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY
AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS,OR
INFRINGEMENT OF ANY PATENT,TRADEMARK,COPYRIGHT,TRADE
SECRET,OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER
INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN
CONNECTION WITH OR ARISING FROM:
i. THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT;
1. ANY DELIVERABLE,WORK PRODUCT,CONFIGURED SERVICE OR
OTHER SERVICE PROVIDED HEREUNDER; AND/OR
M. SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF
ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO
SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM
AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE
UNDER THE GRANT AGREEMENT.
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10.3 ADDITIONAL INDEMNITY PROVISIONS
A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM.
GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE,
INCLUDING ATTORNEYS' FEES.
B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE
OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING
THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL.
C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF
TEXAS FOR ANY CLAIMS,DAMAGES,COSTS,EXPENSES OR OTHER
AMOUNTS,INCLUDING,BUT NOT LIMITED TO,ATTORNEYS' FEES AND
COURT COSTS,ARISING FROM ANY SUCH CLAIM.IF THE SYSTEM
AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS
INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS
REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL,
SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE
COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF
SYSTEM AGENCY'S COUNSEL.
ARTICLE XI. GENERAL PROVISIONS
11.1 AMENDMENTS
Except as otherwise expressly provided,the Grant Agreement may only be amended by a
written Amendment executed by both Parties.
11.2 No QUANTITY GUARANTEES
The System Agency makes no guarantee of volume or usage of work under this Grant
Agreement. All work requested may be on an irregular and as needed basis throughout the
Grant Agreement term.
11.3 CHILD ABUSE REPORTING REQUIREMENTS
A. Grantees shall comply with child abuse and neglect reporting requirements in Texas
Family Code Chapter 261. This section is in addition to and does not supersede any
other legal obligation of the Grantee to report child abuse.
B. Grantee shall use the Texas Abuse Hotline Website located at
https://www.txabusehotline.org/Login/Default.aspx as required by the System
Agency. Grantee shall retain reporting documentation on site and make it available for
inspection by the System Agency.
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY
MINIMUM STANDARDS
A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that
meets or exceeds all of the following minimum standards of:
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i. Prohibiting the use of all forms of tobacco products, including but not limited to
cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes,
smokeless tobacco, snuff and chewing tobacco;
ii. Designating the property to which this Policy applies as a"designated area,"which
must at least comprise all buildings and structures where activities funded under this
Grant Agreement are taking place, as well as Grantee owned, leased, or controlled
sidewalks, parking lots, walkways, and attached parking structures immediately
adjacent to this designated area;
iii. Applying to all employees and visitors in this designated area; and
iv. Providing for or referring its employees to tobacco use cessation services.
B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the
System Agency.
11.5 INSURANCE AND BONDS
Unless otherwise specified in this Contract,Grantee shall acquire and maintain, for the
duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this
Contract and potential liabilities thereunder with financially sound and reputable insurers
licensed by the Texas Department of Insurance, in the type and amount customarily carried
within the industry as determined by the System Agency. Grantee shall provide evidence of
insurance as required under this Contract,including a schedule of coverage or underwriter's
schedules establishing to the satisfaction of the System Agency the nature and extent of
coverage granted by each such policy,upon request by the System Agency. In the event that
any policy is determined by the System Agency to be deficient to comply with the terms of
this Contract, Grantee shall secure such additional policies or coverage as the System
Agency may reasonably request or that are required by law or regulation. If coverage expires
during the term of this Contract,Grantee must produce renewal certificates for each type of
coverage. In addition,if required by System Agency, Grantee must obtain and have on file a
blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant
funds, including applicable matching funds. The fidelity bond must cover the entirety of the
grant term and any subsequent renewals. The failure of Grantee to comply with these
requirements may subject Grantee to remedial or corrective actions detailed in section 10.1,
General Indemnity, above.
These and all other insurance requirements under the Grant apply to both Grantee and its
Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance
with all requirements.
11.6 LIMITATION ON AUTHORITY
A. Grantee shall not have any authority to act for or on behalf of the System Agency or the
State of Texas except as expressly provided for in the Grant Agreement; no other
authority,power, or use is granted or implied. Grantee may not incur any debt, obligation,
expense, or liability of any kind on behalf of System Agency or the State of Texas.
B. Grantee may not rely upon implied authority and is not granted authority under the Grant
Agreement to:
i. Make public policy on behalf of the System Agency;
ii. Promulgate, amend, or disregard administrative regulations or program policy
decisions made by State and federal agencies responsible for administration of a
System Agency program; or
iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas
Legislature on behalf of the System Agency regarding System Agency programs or
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the Grant Agreement. However, upon System Agency request and with reasonable
notice from System Agency to the Grantee, the Grantee shall assist the System
Agency in communications and negotiations regarding the Work under the Grant
Agreement with state and federal governments.
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS
Grantee shall comply with all laws,regulations, requirements, and guidelines applicable to a
Grantee providing services and products required by the Grant Agreement to the State of
Texas, as these laws,regulations,requirements,and guidelines currently exist and as amended
throughout the term of the Grant Agreement.Notwithstanding Section 11.1,Amendments,
above,System Agency reserves the right,in its sole discretion,to unilaterally amend the Grant
Agreement to incorporate any modifications necessary for System Agency's compliance, as
an agency of the State of Texas,with all applicable state and federal laws, regulations,
requirements and guidelines.
11.8 SUBCONTRACTORS
Grantee may not subcontract any or all of the Work and/or obligations under the Grant
Agreement without prior written approval of the System Agency. Subcontracts, if any,
entered into by the Grantee shall be in writing and be subject to the requirements of the
Grant Agreement. Should Grantee subcontract any of the services required in the Grant
Agreement, Grantee expressly understands and acknowledges System Agency is in no
manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve
Grantee of the responsibility for ensuring that the services performed under all subcontracts
are rendered in compliance with the Grant Agreement.
11.9 PERMITTING AND LICENSURE
At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant
Agreement any state, county, city, or federal license, authorization, insurance,waiver,
permit, qualification or certification required by statute, ordinance, law, or regulation to be
held by Grantee to provide the goods or services required by this Grant Agreement. Grantee
shall be responsible for payment of all taxes, assessments, fees,premiums,permits, and
licenses required by law. Grantee shall be responsible for payment of any such government
obligations not paid by its Subcontractors during performance of this Grant Agreement.
11.10 INDEPENDENT CONTRACTOR
Grantee and Grantee's employees,representatives, agents, Subcontractors, suppliers, and
third-party service providers shall serve as independent contractors in providing the services
under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and
neither may make any commitments on the other party's behalf. The Grantee is not a
"governmental body" solely by virtue of this Grant Agreement or receipt of grant funds
under this Grant Agreement. Grantee shall have no claim against System Agency for
vacation pay, sick leave, retirement benefits, social security,worker's compensation, health
or disability benefits,unemployment insurance benefits, or employee benefits of any kind.
The Grant Agreement shall not create any joint venture,partnership, agency, or employment
relationship between Grantee and System Agency.
11.11 GOVERNING LAW AND VENUE
The Grant Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, without regard to the conflicts of law provisions. The venue of any suit
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arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis
County, Texas,unless the specific venue is otherwise identified in a statute which directly
names or otherwise identifies its applicability to the System Agency.
11.12 SEVERABILITY
If any provision contained in this Grant Agreement is held to be unenforceable by a court of
law or equity, such construction will not affect the legality, validity, or enforceability of any
other provision or provisions of this Grant Agreement. It is the intent and agreement of the
Parties this Grant Agreement shall be deemed amended by modifying such provision to the
extent necessary to render it valid, legal and enforceable while preserving its intent or, if
such modification is not possible,by substituting another provision that is valid,legal and
enforceable and that achieves the same objective. All other provisions of this Grant
Agreement will continue in full force and effect.
11.13 SURVIVABILITY
Expiration or termination of the Grant Agreement for any reason does not release Grantee
from any liability or obligation set forth in the Grant Agreement that is expressly stated to
survive any such expiration or termination,that by its nature would be intended to be
applicable following any such expiration or termination, or that is necessary to fulfill the
essential purpose of the Grant Agreement, including without limitation the provisions
regarding return of grant funds, audit requirements, records retention,public information,
warranty, indemnification, confidentiality, and rights and remedies upon termination.
11.14 FORCE MAJEURE
Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of
performance, of any requirement included in the Grant Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until
after the causes of delay or failure have been removed provided the non-performing party
exercises all reasonable due diligence to perform. Force majeure is defined as acts of God,
war, fires, explosions,hurricanes, floods, failure of transportation, or other causes that are
beyond the reasonable control of either party and that by exercise of due foresight such party
could not reasonably have been expected to avoid, and which, by the exercise of all
reasonable due diligence, such party is unable to overcome.
11.15 NO IMPLIED WAIVER OF PROVISIONS
The failure of the System Agency to object to or to take affirmative action with respect to
any conduct of the Grantee which is in violation or breach of the terms of the Grant
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation or breach.
11.16 FUNDING DISCLAIMERS AND LABELING
A. Grantee shall not use System Agency's name or refer to System Agency directly or
indirectly in any media appearance,public service announcement, or disclosure relating
to this Grant Agreement including any promotional material without first obtaining
written consent from System Agency. The foregoing prohibition includes, without
limitation, the placement of banners,pop-up ads, or other advertisements promoting
Grantee's or a third party's products, services,workshops, trainings, or other commercial
offerings on any website portal or internet-based service or software application hosted
or managed by Grantee. This does not limit the Grantee's responsibility to comply with
obligations related to the Texas Public Information Act or Texas Open Meetings Act.
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B. In general,no publication(including websites, reports, projects, etc.) may convey
System Agency's recognition or endorsement of the Grantee's project without prior
written approval from System Agency. Publications funded in part or wholly by HHS
grant funding must include a statement that"HHS and neither any of its components
operate, control, are responsible for, or necessarily endorse, this publication(including,
without limitation, its content, technical infrastructure, and policies, and any services or
tools provided)" at HHS's request.
11.17 MEDIA RELEASES
A. Grantee shall not use System Agency's name, logo, or other likeness in any press
release, marketing material or other announcement without System Agency's prior
written approval. System Agency does not endorse any vendor,commodity,or service.
Grantee is not authorized to make or participate in any media releases or public
announcements pertaining to this Grant Agreement or the Services to which they relate
without System Agency's prior written consent, and then only in accordance with
explicit written instruction from System Agency.
B. Grantee may publish, at its sole expense,results of Grantee performance under the Grant
Agreement with the System Agency's prior review and approval,which the System
Agency may exercise at its sole discretion. Any publication (written, visual, or sound)
will acknowledge the support received from the System Agency and any Federal agency,
as appropriate.
11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS
Grantee shall not require any employees or Subcontractors to agree to any conditions, such
as non-compete clauses or other contractual arrangements, that would limit or restrict such
persons or entities from employment or contracting with the State of Texas.
11.19 SOVEREIGN IMMUNITY
Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or
the State's sovereign immunity.This Grant Agreement shall not constitute or be construed as
a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the
System Agency or the State of Texas. The failure to enforce,or any delay in the enforcement,
of any privileges, rights, defenses, remedies, or immunities available to the System Agency
or the State of Texas under the Grant Agreement or under applicable law shall not constitute
a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a
basis for estoppel. System Agency does not waive any privileges,rights, defenses, or
immunities available to System Agency by entering into the Grant Agreement or by its
conduct prior to or subsequent to entering into the Grant Agreement.
11.20 ENTIRE CONTRACT AND MODIFICATION
The Grant Agreement constitutes the entire agreement of the Parties and is intended as a
complete and exclusive statement of the promises,representations,negotiations,discussions,
and other agreements that may have been made in connection with the subject matter hereof.
Any additional or conflicting terms in any future document incorporated into the Grant
Agreement will be harmonized with this Grant Agreement to the extent possible.
11.21 COUNTERPARTS
This Grant Agreement may be executed in any number of counterparts, each of which will
be an original, and all such counterparts will together constitute but one and the same Grant
Agreement.
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11.22 PROPER AUTHORITY
Each Party represents and warrants that the person executing this Grant Agreement on its
behalf has full power and authority to enter into this Grant Agreement.
11.23 E-VERIFY PROGRAM
Grantee certifies that it utilizes and will continue to utilize the U.S. Department of
Homeland Security's E-Verify system to determine the eligibility of:
A. all persons employed to perform duties within Texas during the term of the Grant
Agreement; and
B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant
to the Grant Agreement within the United States of America.
11.24 CIVIL RIGHTS
A. Grantee agrees to comply with state and federal anti-discrimination laws, including:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
vii. The System Agency's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Grant Agreement.
B. Grantee agrees to comply with all amendments to the above-referenced laws, and all
requirements imposed by the regulations issued pursuant to these laws. These laws
provide in part that no persons in the United States may, on the grounds of race, color,
national origin, sex, age, disability,political beliefs, or religion,be excluded from
participation in or denied any aid, care, service or other benefits provided by Federal or
State funding, or otherwise be subjected to discrimination.
C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its
implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a
contractor from adopting and implementing policies and procedures that exclude or have
the effect of excluding or limiting the participation of clients in its programs,benefits, or
activities on the basis of national origin. State and federal civil rights laws require
contractors to provide alternative methods for ensuring access to services for applicants
and recipients who cannot express themselves fluently in English. Grantee agrees to take
reasonable steps to provide services and information,both orally and in writing, in
appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to
programs,benefits, and activities.
D. Grantee agrees to post applicable civil rights posters in areas open to the public
informing clients of their civil rights and including contact information for the HHS
Civil Rights Office. The posters are available on the HHS website at:
hops://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil-rights posters
E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations
at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that
participates in programs funded by direct financial assistance from the United States
Department of Agriculture or the United States Department of Health and Human
Services shall not discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief.
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F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the
Grantee's civil rights policies and procedures.
G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination
received relating to its performance under this Grant Agreement. This notice must be
delivered no more than ten(10) calendar days after receipt of a complaint. Notice
provided pursuant to this section must be directed to:
HHSC Civil Rights Office
701 W. 51st Street, Mail CodeW206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512)438-4313
Fax: (512)438-5885
Email: HHSCivilRightsOffice@hhsc.state.tx.us
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS
Grantee shall conform to HHS standards for data management as described by the policies
of the HHS Office of Data, Analytics, and Performance. These include, but are not limited
to, standards for documentation and communication of data models, metadata, and other
data definition methods that are required by HHS for ongoing data governance, strategic
portfolio analysis, interoperability planning, and valuation of HHS System data assets.
11.26 DISCLOSURE OF LITIGATION
A. The Grantee must disclose in writing to the contract manager assigned to this Grant
Agreement any material civil or criminal litigation or indictment either threatened or
pending involving the Grantee. "Threatened litigation" as used herein shall include
governmental investigations and civil investigative demands. "Litigation" as used herein
shall include administrative enforcement actions brought by governmental agencies. The
Grantee must also disclose any material litigation threatened or pending involving
Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material"
refers,but is not limited,to any action or pending action that a reasonable person
knowledgeable in the applicable industry would consider relevant to the Work under the
Grant Agreement or any development such a person would want to be aware of in order
to stay fully apprised of the total mix of information relevant to the Work, together with
any litigation threatened or pending that may result in a substantial change in the
Grantee's financial condition.
B. This is a continuing disclosure requirement; any litigation commencing after Grant
Agreement Award must be disclosed in a written statement to the assigned contract
manager within seven calendar days of its occurrence.
11.27 No THIRD PARTY BENEFICIARIES
The Grant Agreement is made solely and specifically among and for the benefit of the
Parties named herein and their respective successors and assigns, and no other person shall
have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on
account of the Grant Agreement as a third-party beneficiary or otherwise.
11.28 BINDING EFFECT
The Grant Agreement shall inure to the benefit of,be binding upon, and be enforceable
against each Party and their respective permitted successors, assigns,transferees, and
delegates.
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HEALTH AND HUMAN SERVICES
Contract Number HHS001503400019
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.
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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/
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All reports made to the OIG must be made through one of the following avenues:
• 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. Gender Transitioning and Gender Reassignment Procedures and Treatments for
Certain Children—Prohibited Use of Public Money; Prohibited State Health Plan
Reimbursement.
Contractor understands, acknowledges, and agrees that,pursuant to Section 161.704 of
the Texas Health and Safety Code (eff. Sept. 1, 2023),public money may not directly or
indirectly be used, granted, paid, or distributed to any health care provider, medical
school, hospital,physician, or any other entity, organization, or individual that provides
or facilitates the provision of a procedure or treatment to a child that is prohibited under
Section 161.702 of the Texas Health and Safety Code. Contractor also understands,
acknowledges, and agrees that, pursuant to Section 161.705 of the Texas Health and
Safety Code (eff. Sept. 1, 2023), HHSC may not provide Medicaid reimbursement and
the child health plan program established under Chapter 62 may not provide
reimbursement to a physician or health care provider for provision of a procedure or
treatment to a child that is prohibited under Section 161.702 of the Texas Health and
Safety Code. Contractor certifies that it is not ineligible to contract with System Agency
under the terms of Chapter 161, Subchapter X, of the Texas Health and Safety Code.
40. 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.
41. 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.
42. COVID-19 Vaccinations
Contractor understands, acknowledges, and agrees that,pursuant to Article II of the
General Appropriations Act,none of the General Revenue Funds appropriated to the
Department of State Health Services (DSHS)may be used for the purpose of promoting
or advertising COVID-19 vaccinations in the 2024-25 biennium. It is also the intent of
the legislature that to the extent allowed by federal law, any federal funds allocated to
DSHS shall be expended for activities other than promoting or advertising COVID-19
vaccinations. 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.
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43. Entities that Boycott Energy Companies
In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S., pursuant to Section
2274.002 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023,
88th Leg., R.S.) 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 (eff. Sept. 1, 2023,
Section 2276.002,pursuant to House Bill 4595,Acts 2023, 88th Leg., R.S.) 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.
44. 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.
45. 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.
46. 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.
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47. 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) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House
Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms
that it possesses the necessary occupational licenses and experience.
48. 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.
49. Foreign-Owned Companies in Connection with Critical Infrastructure
If Texas Government Code, Section 2274.0102(a)(1) (eff. Sept. 1, 2023, Section
2275.0102(a)(1),pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.)(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 (eff. Sept. 1, 2023, Section 2275.0102,pursuant to House Bill 4595, Acts
2023, 88th Leg., R.S.), 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 (eff. Sept. 1,
2023, Section 2275.0103,pursuant to House Bill 4595, Acts 2023, 88th Leg.,
R.S.), or(2)headquartered in any of those countries.
50. 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 117.002 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 117.001 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
access to or control of critical infrastructure, as defined by Section 117.001 of the Texas
Business & Commerce Code, in this state.
51. 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.
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52. 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.
53. Pursuant to Executive Order GA-48, relating to hardening of state government, issued
November 19, 2024, Contractor certifies it is not and, if applicable, any of its holding
companies or subsidiaries is not:
a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA);
or
b. Listed in Section 1260H of the 2021 NDAA; or
c. Owned by the government of a country on the U.S. Department of Commerce's
foreign adversaries list under 15 C.F.R. § 791.4; or
d. Controlled by any governing or regulatory body located in a country on the U.S.
Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.
54. 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.
55. 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.
56. 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.
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57. Equal Employment Opportunity
Contractor represents and warrants its compliance with all applicable duly enacted state
and federal laws governing equal employment opportunities.
58. 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).
59. 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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OMB Number:4040-0007
Expiration Date: 02/28/2025
ASSURANCES -NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U.
of project cost)to ensure proper planning, management S.C. §§6101-6107),which prohibits discrimination on
and completion of the project described in this the basis of age; (e)the Drug Abuse Office and
application. Treatment Act of 1972(P.L.92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and
of the United States and, if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation
through any authorized representative,access to and Act of 1970 (P.L. 91-616),as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h)Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i)any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the
requirements of Titles II and III of the Uniform
1970(42 U.S.C. §§4728 4763)relating to prescribed
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
Policies Act of 1970(P.L.91-646)which provide for
one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or
Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or
Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs.These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination.These include but are not limited to: purchases.
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)
which prohibits discrimination on the basis of race, color 8. Will comply,as applicable,with provisions of the
or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328)
4 Amendments of 1972,as amended (20 U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole
the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds.
4
Previous Edition Usable Standard Form 424B(Rev.7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
Docusign Envelope ID:551 D8F84-88E9-49D7-999C-B34B3D638621
9, Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Act of 1966,as amended (16 U.S.C.§470),EO 11593
Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties),and
333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974(16 U.S.C.§§469a-1 et seq.).
10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of
requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and
Protection Act of 1973(P.L.93-234)which requires related activities supported by this award of assistance.
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of 15• Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is$10,000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et
seq.)pertaining to the care, handling,and treatment of
11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or
prescribed pursuant to the following: (a)institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(EO)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 et seq.)which
facilities pursuant to EO 11738; (c)protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures.
floodplains in accordance with EO 11988;(e)assurance of 17. Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133,
Act of 1972(16 U.S.C.§§1451 et seq.); (f)conformity of "Audits of States, Local Governments,and Non-Profit
Federal actions to State(Clean Air)Implementation Plans Organizations."
under Section 176(c)of the Clean Air Act of 1955, as
amended(42 U.S.C.§§7401 et seq.);(g)protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws,executive orders, regulations,and policies
Drinking Water Act of 1974,as amended(P.L.93-523); governing this program.
and,(h)protection of endangered species under the
Endangered Species Act of 1973,as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000,as
amended (22 U.S.C.7104)which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe
1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2)Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in
effect or(3)Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 424E(Rev.7-97)Back
I
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the
entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an
officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into.Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,to the best of his or her knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352,title 31, U.S.Code.Any person who fails to file the
required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000
for each such failure.
*APPLICANT'S ORGANIZATION
*PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: *First Name: Middle Name:
*Last Name: Suffix:
*Title:
*SIGNATURE: `DATE:
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TEXAS Form 8040-A
August 2022-E
ri Health and Human Federal FundingAccountabilityand Transparency Act(FFATA)
� •
�':•` Services P Y ( )
Certification Form
The certifications enumerated below represent material facts upon which HHSC relies when reporting information to the federal government
required under federal law. If HHSC later determines that the contractor knowingly rendered an erroneous certification, HHSC may pursue all
available remedies in accordance with Texas and U.S. laws.The signer further agrees that they will provide immediate written notice to HHSC
if at any time they learn that any of the certifications provided for below were erroneous when submitted or have since become erroneous by
reason of changed circumstances. Note: If the signer cannot certify all of the statements contained in this section,they must provide written
notice to HHSC detailing which of the below statements they cannot certify and why.
Did your organization have a gross income,from all sources,of less than $300,000 in your previous tax year?
Q Yes—Skip questions A, B and C and continue to section D. 0 No—Answer questions A and B.
A. Certification Regarding Percent of Annual Gross from Federal Awards
Did your organization receive 80%or more of its annual gross revenue from federal awards during the preceding fiscal year?
Q Yes Q No—Skip question C.
B. Certification Regarding Amount of Annual Gross from Federal Awards
Did your organization receive$25 million or more in annual gross revenues from federal awards in the preceding fiscal year?
Q Yes 0 No—Skip question C.
If your answer is Yes to both questions A and B,you must answer question C.
If your answer is No to either question A or B, skip question C and continue to section D.
C. Certification Regarding Public Access to Compensation Information
Does the public have access to information about the highly compensated officers/senior executives in your business or organization (including
parent organization,all branches and all affiliates worldwide)through periodic reports filed under Section 13(a)or 15(d)of the Securities
Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or Section 6104 of the Internal Revenue Code of 1986?
Q Yes 0 No—Provide the names and total compensation of the top five highly compensated officers/senior executives.
Name of Officer or Senior Executive Total Compensation
1.
2.
3.
4.
5.
D. Signatures
As the duly authorized representative(signer)of the contractor, I hereby certify that the statements made by me in this certification form are
true, complete and correct to the best of my knowledge.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Legal Name of Contractor Unique Entity Identifier
Applicable HHSC Contract No.(s):
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DATA USE AGREEMENT
BETWEEN THE
TEXAS HEALTH AND HUMAN SERVICES SYSTEM
AND
CONTRACTOR
This Data Use Agreement("DUA")is effective as of the date of the Base Contract into which it is
incorporated("Effective Date"),by and between the Texas Health and Human Services System,which
includes the Texas Health and Human Services Commission and the Department of State Health Services
("HHS")and Contractor(the "Base Contract").
ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE
The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or
transmission of Confidential Information with Contractor,and describe Contractor's rights and obligations
with respect to the Confidential Information and the limited purposes for which the Contractor may create,
receive,maintain,use,disclose or have access to Confidential Information. This DUA also describes HHS's
remedies in the event of Contractor's noncompliance with its obligations under this DUA. This DUA
applies to both HHS business_associates, as "business associate" is defined in the Health Insurance
Portability and Accountability Act(HIPAA), and contractors who are not business associates,who create,
receive,maintain,use, disclose or have access to Confidential Information on behalf of HHS, its programs
or clients as described in the Base Contract. As a best practice,HHS requires its contractors to comply with
the terms of this DUA to safeguard all types of Confidential Information.
As of the Effective Date of this DUA,if any provision of the Base Contract conflicts with this DUA,
this DUA controls.
ARTICLE 2. DEFINITIONS
For the purposes of this DUA,capitalized,underlined terms have the following meanings:
"Authorized Purpose"means the specific purpose or purposes described in the Base Contract for
Contractor to fulfill its obligations under the Base Contract,or any other purpose expressly authorized by
HHS in writing in advance.
"Authorized User"means a person:
(1) Who is authorized to create, receive, maintain, have access to, process, view, handle,
examine, interpret,or analyze Confidential Information pursuant to this DUA;
(2) For whom Contractor warrants and represents has a demonstrable need to create,receive,
maintain,use,disclose or have access to the Confidential Information; and
(3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to
the Confidential Information as required by this DUA.
"Breach" means an impermissible use or disclosure of electronic or non-electronic sensitive personal
information by an unauthorized person or for an unauthorized purpose that compromises the security or
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privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm,theft
of financial information, identity theft,or medical identity theft.Any acquisition,access,use,disclosure or
loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach
unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the
Confidential Information has been compromised.
"Confidential Information"means any communication or record(whether oral,written,electronically
stored or transmitted,or in any other form)provided to or made available to Contractor or that Contractor
may create,receive,maintain,use,disclose or have access to on behalf of HHS that consists of or
includes any or all of the following:
(1) Education records as defined in the Family Educational Rights and Privacy Act,20 U.S.C.
§1232g; 34 C.F.R. Part 99
(2) Federal Tax Information as defined in Internal Revenue Code§6103 and Internal Revenue
Service Publication 1075;
(3) Personal Identifying Information(NI) as defined in Texas Business and Commerce Code,
Chapter 521;
(4) Protected Health Information (PHI) in any form including without limitation, Electronic
Protected Health Information or Unsecured Protected Health Information as defined in 45
C.F.R. §160.103;
(5) Sensitive Personal Information(SPI) as defined in Texas Business and Commerce Code,
Chapter 521;
(6) Social Security Administration Data, including, without limitation, Medicaid information
means disclosures of information made by the Social Security Administration or the
Centers for Medicare and Medicaid Services from a federal system of records for
administration of federally funded benefit programs under the Social Security Act, 42
U.S.C., Chapter 7;
(7) All privileged work product;
(8) All information designated as confidential under the constitution and laws of the State of
Texas and of the United States, including the Texas Health & Safety Code and the Texas
Public Information Act,Texas Government Code, Chapter 552.
"Destroy","Destruction",for Confidential Information,means:
(1) Paper, film, or other hard copy media have been shredded or destroyed such that the
Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specifically
excluded as a means of data destruction.
(2) Electronic media have been cleared, purged, or destroyed consistent with NIST Special
Publication 800-88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be
retrieved.
"Discover, Discovery" means the first day on which a Breach becomes known to Contractor, or, by
exercising reasonable diligence would have been known to Contractor.
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"Legally Authorized Representative" of an individual, including as provided in 45 CFR 435.923
(authorized representative);45 CFR 164.502(g)(1)(personal representative);Tex.Occ.Code§ 151.002(6);
Tex.H.&S.Code§166.164(medical power of attorney);and Texas Estates Code§22.031 (representative).
"Required by Law" means a mandate contained in law that compels an entity to use or disclose
Confidential Information that is enforceable in a court of law, including court orders, warrants, subpoenas
or investigative demands.
"Subcontractor" means a person who contracts with a prime contractor to work,to supply commodities,
or to contribute toward completing work for a governmental entity.
"Workforce"means employees,volunteers,trainees or other persons whose performance of work is under
the direct control of a party,whether or not they are paid by that party.
ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION
Section 3.01 Obligations of Contractor
Contractor agrees that:
(A) With respect to PHI,Contractor shall:
(1) Make PHI available in a designated record set if requested by HHS,if Contractor maintains
PHI in a designated record set,as defined in HIPAA.
(2) Provide to HHS data aggregation services related to the healthcare operations Contractor
performs for HHS pursuant to the Base Contract, if requested by HHS, if Contractor provides data
aggregation services as defined in HIPAA.
(3) Provide access to PHI to an individual who is requesting his or her own PHI or such
individual's Legally Authorized Representative,in compliance with the requirements of HIPAA.
(4) Make PHI available to HHS for amendment,and incorporate any amendments to PHI that
HHS directs,in compliance with HIPAA.
(5) Document and make available to HHS, an accounting of disclosures in compliance with
the requirements of HIPAA.
(6) If Contractor receives a request for access, amendment or accounting of PHI by any
individual, promptly forward the request to HHS or, if forwarding the request would violate HIPAA,
promptly notify HHS of the request and of Contractor's response. HHS will respond to all such requests,
unless Contractor is Required by Law to respond or HHS has given prior written consent for Contractor to
respond to and account for all such requests.
(B) With respect to ALL Confidential Information,Contractor shall:
(1) Exercise reasonable care and no less than the same degree of care Contractor uses to protect
its own confidential, proprietary and trade secret information to prevent Confidential Information from
being used in a manner that is not expressly an Authorized Purpose or as Required by Law. Contractor will
access, create, maintain, receive, use, disclose, transmit or Destroy Confidential Information in a secure
fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such
information or unauthorized uses.
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(2) Establish, implement and maintain appropriate procedural, administrative, physical and
technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the
Confidential Information, in accordance with applicable laws or regulations relating to Confidential
Information, to prevent any unauthorized use or disclosure of Confidential Information as long as
Contractor has such Confidential Information in its actual or constructive possession.
(3) Implement,update as necessary,and document privacy,security and Breach notice policies
and procedures and an incident response plan to address a Breach,to comply with the privacy,security and
breach notice requirements of this DUA prior to conducting work under the Base Contract. Contractor shall
produce,within three business days of a request by HHS,copies of its policies and procedures and records
relating to the use or disclosure of Confidential Information.
(4) Obtain HHS's prior written consent to disclose or allow access to any portion of the
Confidential Information to any person, other than Authorized Users, Workforce or Subcontractors of
Contractor who have completed training in confidentiality,privacy,security and the importance of promptly
reporting any Breach to Contractor's management and as permitted in Section 3.01(A)(3),above.Contractor
shall produce evidence of completed training to HHS upon request. HHS, at its election, may assist
Contractor in training and education on specific or unique HHS processes, systems and/or requirements.
All of Contractor's Authorized Users,Workforce and Subcontractors with access to a state computer system
or database will complete a cybersecurity training program certified under Texas Government Code Section
2054.519 by the Texas Department of Information Resources.
(5) Establish, implement and maintain appropriate sanctions against any member of its
Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law.
Contractor shall maintain evidence of sanctions and produce it to HHS upon request.
(6) Obtain prior written approval of HHS, to disclose or provide access to any Confidential
Information on the basis that such act is Required by Law,so that HHS may have the opportunity to object
to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access,
Contractor shall refrain from disclosing or providing access to the Confidential Information until HHS has
exhausted all alternatives for relief.
(7) Certify that its Authorized Users each have a demonstrated need to know and have access
to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose
and that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the
Confidential Information contained in this DUA. Contractor and its Subcontractors shall maintain at all
times an updated,complete,accurate list of Authorized Users and supply it to HHS upon request.
(8) Provide,and shall cause its Subcontractors and agents to provide,to HHS periodic written
confirmation of compliance with controls and the terms and conditions of this DUA.
(9) Return to HHS or Destroy,at HHS's election and at Contractor's expense,all Confidential
Information received from HHS or created or maintained by Contractor or any of Contractor's agents or
Subcontractors on HHS's behalf upon the termination or expiration of this DUA,if reasonably feasible and
permitted by law. Contractor shall certify in writing to HHS that all such Confidential Information has
been Destroyed or returned to HHS,and that Contractor and its agents and Subcontractors have retained no
copies thereof. Notwithstanding the foregoing,Contractor acknowledges and agrees that it may not Destroy
any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold
notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is
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impermissible by law, Contractor shall immediately notify HHS of the reasons such return or Destruction
is not feasible and agree to extend the protections of this DUA to the Confidential Information for as long
as Contractor maintains such Confidential Information.
(10) Complete and return with the Base Contract to HHS,attached as Attachment 2 to this DUA,
the HHS Security and Privacy Initial Inquiry (SPI) at https://hhs.texas.gov/laws-
regulations/forms/miscellaneous/hhs-information-security-privacy-initial-inquiry-spi. The SPI identifies
basic privacy and security controls with which Contractor must comply to protect Confidential Information.
Contractor shall comply with periodic security controls compliance assessment and monitoring by HHS as
required by state and federal law,based on the type of Confidential Information Contractor creates,receives,
maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's
security controls shall be based on the National Institute of Standards and Technology (NIST) Special
Publication 800-53. Contractor shall update its security controls assessment whenever there are significant
changes in security controls for HHS Confidential Information and shall provide the updated document to
HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring
requirements.
(11) Comply with the HHS Acceptable Use Policy(AUP)and require each Subcontractor and
Workforce member who has direct access to HHS Information Resources,as defined in the AUP,to execute
an HHS Acceptable Use Agreement.
(12) Only conduct secure transmissions of Confidential Information whether in paper, oral or
electronic form. A secure transmission of electronic Confidential Information in motion includes secure
File Transfer Protocol(SFTP)or encryption at an appropriate level as required by rule,regulation or law.
Confidential Information at rest requires encryption unless there is adequate administrative,technical,and
physical security as required by rule,regulation or law. All electronic data transfer and communications of
Confidential Information shall be through secure systems. Contractor shall provide proof of system,media
or device security and/or encryption to HHS no later than 48 hours after HHS's written request in response
to a compliance investigation, audit, or the Discovery of a Breach. HHS may also request production of
proof of security at other times as necessary to satisfy state and federal monitoring requirements.
Deidentification of Confidential Information in accordance with HIPAA de-identification standards is
deemed secure.
(13) Designate and identify a person or persons, as Privacy Official and Information Security
Official,each of whom is authorized to act on behalf of Contractor and is responsible for the development
and implementation of the privacy and security requirements in this DUA. Contractor shall provide name
and current address,phone number and e-mail address for such designated officials to HHS upon execution
of this DUA and prior to any change. Upon written notice from HHS, Contractor shall promptly remove
and replace such official(s)if such official(s)is not performing the required functions.
(14) Make available to HHS any information HHS requires to fulfill HHS's obligations to
provide access to,or copies of,Confidential Information in accordance with applicable laws,regulations or
demands of a regulatory authority relating to Confidential Information. Contractor shall provide such
information in a time and manner reasonably agreed upon or as designated by the applicable law or
regulatory authority.
(15) Comply with the following laws and standards if applicable to the type of Confidential
Information and Contractor's Authorized Purpose:
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• Title 1,Part 10,Chapter 202, Subchapter B,Texas Administrative Code;
• The Privacy Act of 1974;
• OMB Memorandum 17-12;
• The Federal Information Security Management Act of 2002 (FISMA);
• The Health Insurance Portability and Accountability Act of 1996(HIPAA);
• Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State
and Local Agencies;
• National Institute of Standards and Technology(NIST) Special Publication 800-66 Revision 1
— An Introductory Resource Guide for Implementing the Health Insurance Portability and
Accountability Act(HIPAA) Security Rule;
• NIST Special Publications 800-53 and 800-53A—Recommended Security Controls for Federal
Information Systems and Organizations,as currently revised;
• NIST Special Publication 800-47 — Security Guide for Interconnecting Information
Technology Systems;
• NIST Special Publication 800-88, Guidelines for Media Sanitization;
• NIST Special Publication 800-111,Guide to Storage of Encryption Technologies for End User
Devices containing PHI;
• Family Educational Rights and Privacy Act
• Texas Business and Commerce Code Chapter 521
• Any other State or Federal law,regulation, or administrative rule relating to the specific HHS
program area that Contractor supports on behalf of HHS.
(16) Be permitted to use or disclose Confidential Information for the proper management and
administration of Contractor or to carry out Contractor's legal responsibilities,except as otherwise
limited by this DUA,the Base Contract,or law applicable to the Confidential Information,if:
(a) Disclosure is Required by Law;
(b) Contractor obtains reasonable assurances from the person to whom the information is
disclosed that the person shall:
1. Maintain the confidentiality of the Confidential Information in accordance with
this DUA;
2. Use or further disclose the information only as Required by Law or for the
Authorized Purpose for which it was disclosed to the person; and
3. Notify Contractor in accordance with Section 4.01 of a Breach of Confidential
Information that the person Discovers or should have Discovered with the exercise of
reasonable diligence.
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(C) With respect to ALL Confidential Information,Contractor shall NOT:
(1) Attempt to re-identify or further identify Confidential Information that has been
deidentified or attempt to contact any persons whose records are contained in the Confidential Information,
except for an Authorized Purpose,without express written authorization from HHS.
(2) Engage in prohibited marketing or sale of Confidential Information.
(3) Permit,or enter into any agreement with a Subcontractor to,create,receive,maintain,use,
disclose,have access to or transmit Confidential Information, on behalf of HHS without requiring
that Subcontractor first execute either the Form Subcontractor Agreement, Attachment 1, or
Contractor's own Subcontractor agreement that ensures that the Subcontractor shall comply with
the same safeguards and restrictions contained in this DUA for Confidential Information.
Contractor is directly responsible for its Subcontractors' compliance with,and enforcement of,this
DUA.
ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS
Section 4.01. Cooperation and Financial Responsibility.
(A) Contractor shall, at Contractor's expense, cooperate fully with I-HS in investigating,
mitigating to the extent practicable, and issuing notifications as directed by HHS, for any Breach of
Confidential Information.
(B) Contractor shall make Confidential Information in Contractor's possession available
pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach.
(C) Contractor's obligation begins at the Discovery of a Breach and continues as long as related
activity continues,until all effects of the Breach are mitigated to HHS's satisfaction(the"incident response
period").
Section 4.02. Initial Breach Notice.
For federal information obtained from a federal system of records,including Federal Tax Information and
Social Security Administration Data (which includes Medicaid and other governmental benefit program
Confidential Information), Contractor shall notify HHS of the Breach within the first consecutive clock
hour of Discovery. The Base Contract shall specify whether Confidential Information is obtained from a
federal system of records. For all other types of Confidential Information Contractor shall notify HI-IS of
the Breach not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in
writing. Contractor shall initially report to HHS's Privacy and Security Officers via email at:
privacy@HHSC.state.tx.us and to the HHS division responsible for the Base Contract.
Contractor shall report all information reasonably available to Contractor about the Breach.
Contractor shall provide contact information to HHS for Contractor's single point of contact who will
communicate with HHS both on and off business hours during the incident response period.
Section 4.03 Third Business Day Notice: No later than 5 p.m. on the third business day after Discovery,
or a time within which Discovery reasonably should have been made by Contractor of a Breach of
Confidential Information, Contractor shall provide written notification to HHS of all reasonably available
information about the Breach,and Contractor's investigation,including,to the extent known to Contractor:
a. The date the Breach occurred;
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b. The date of Contractor's and,if applicable, Subcontractor's Discovery;
c. A brief description of the Breach, including how it occurred and who is responsible (or
hypotheses, if not yet determined);
d. A brief description of Contractor's investigation and the status of the investigation;
e. A description of the types and amount of Confidential Information involved;
f. Identification of and number of all individuals reasonably believed to be affected, including
first and last name of the individual and if applicable,the Legally authorized representative,last
known address, age,telephone number, and email address if it is a preferred contact method;
g. Contractor's initial risk assessment of the Breach demonstrating whether individual or other
notices are required by applicable law or this DUA for HHS approval, including an analysis of
whether there is a low probability of compromise of the Confidential Information or whether any
legal exceptions to notification apply;
h. Contractor's recommendation for HHS's approval as to the steps individuals and/or Contractor
on behalf of individuals, should take to protect the individuals from potential harm, including
Contractor's provision of notifications, credit protection, claims monitoring, and any specific
protections for a Legally Authorized Representative to take on behalf of an individual with
special capacity or circumstances;
i. The steps Contractor has taken to mitigate the harm or potential harm caused(including without
limitation the provision of sufficient resources to mitigate);
j. The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence
of a similar Breach;
k. Identify, describe or estimate of the persons,Workforce, Subcontractor, or individuals and any
law enforcement that may be involved in the Breach;
1. A reasonable schedule for Contractor to provide regular updates regarding response to the
Breach, but no less than every three (3) business days, or as otherwise directed by HHS in
writing,including information about risk estimations,reporting,notification,if any,mitigation,
corrective action, root cause analysis and when such activities are expected to be completed;
and
m. Any reasonably available,pertinent information, documents or reports related to a Breach that
HHS requests following Discovery.
Section 4.04. Investigation,Response and Mitigation.
(A) Contractor shall immediately conduct a full and complete investigation, respond to the
Breach,commit necessary and appropriate staff and resources to expeditiously respond,and report
as required to HHS for incident response purposes and for purposes of HHS's compliance with
report and notification requirements,to the satisfaction of HHS.
(B) Contractor shall complete or participate in a risk assessment as directed by HHS following
a Breach, and provide the final assessment, corrective actions and mitigations to HHS for review
and approval.
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(C) Contractor shall fully cooperate with HHS to respond to inquiries and/or proceedings by
state and federal authorities,persons and/or individuals about the Breach.
(D) Contractor shall fully cooperate with HHS's efforts to seek appropriate injunctive relief or
otherwise prevent or curtail such Breach, or to recover or protect any Confidential Information,
including complying with reasonable corrective action or measures, as specified by HHS in a
Corrective Action Plan if directed by HHS under the Base Contract.
Section 4.05. Breach Notification to Individuals and Reporting to Authorities.
(A) HHS may direct Contractor to provide Breach notification to individuals, regulators or
third-parties,as specified by HHS following a Breach.
(B) Contractor must comply with all applicable legal and regulatory requirements in the time,
manner and content of any notification to individuals, regulators or third-parties, or any notice
required by other state or federal authorities,including without limitation,notifications required by
Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. Notice letters will be in
Contractor's name and on Contractor's letterhead, unless otherwise directed by HHS, and will
contain contact information, including the name and title of Contractor's representative, an email
address and a toll-free telephone number,for the individual to obtain additional information.
(C) Contractor shall provide HHS with draft notifications for HHS approval prior to
distribution and copies of distributed and approved communications.
(D) Contractor shall have the burden of demonstrating to the satisfaction of HHS that any
required notification was timely made. If there are delays outside of Contractor's control,
Contractor shall provide written documentation to HHS of the reasons for the delay.
(E) If HHS directs Contractor to provide notifications, HHS shall, in the time and manner
reasonably requested by Contractor,cooperate and assist with Contractor's information requests in
order to make such notifications.
ARTICLE 5. GENERAL PROVISIONS
Section 5.01 Ownership of Confidential Information
Contractor acknowledges and agrees that the Confidential Information is and shall remain the property of
HHS. Contractor agrees it acquires no title or rights to the Confidential Information.
Section 5.02 HHS Commitment and Obligations
HHS will not request Contractor to create,maintain,transmit,use or disclose PHI in any manner that would
not be permissible under applicable law if done by HHS.
Section 5.03 HHS Right to Inspection
At any time upon reasonable notice to Contractor, or if HHS determines that Contractor has violated this
DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and
records of Contractor to monitor compliance with this DUA. For purposes of this subsection, HHS's
agent(s) include, without limitation, the HHS Office of the Inspector General, the Office of the Attorney
General of Texas,the State Auditor's Office,outside consultants, legal counsel or other designee.
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Section 5.04 Term; Termination of DUA; Survival
This DUA will be effective on the date on which Contractor executes the Base Contract and will terminate
upon termination of the Base Contract and as set forth herein. If the Base Contract is extended,this DUA
is extended to run concurrent with the Base Contract.
(A) If HHS determines that Contractor has violated a material term of this DUA;HHS may in its
sole discretion:
(1) Exercise any of its rights including but not limited to reports, access and inspection under
this DUA and/or the Base Contract; or
(2) Require Contractor to submit to a corrective action plan, including a plan for monitoring
and plan for reporting as HHS may determine necessary to maintain compliance with this DUA; or
(3) Provide Contractor with a reasonable period to cure the violation as determined by HHS;
or
(4) Terminate the DUA and Base Contract immediately and seek relief in a court of competent
jurisdiction in Travis County,Texas.
Before exercising any of these options, HHS will provide written notice to Contractor describing the
violation and the action it intends to take.
(B) If neither termination nor cure is feasible,HHS shall report the violation to the applicable regulatory
authorities.
(C) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination
of this DUA until all the Confidential Information is Destroyed or returned to HHS,as required by this
DUA.
Section 5.05 Injunctive Relief
(A) Contractor acknowledges and agrees that HHS may suffer irreparable injury if Contractor
or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential
Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information.
(B) Contractor further agrees that monetary damages may be inadequate to compensate HHS
for Contractor's or its Subcontractor's failure to comply. Accordingly,Contractor agrees that HHS will, in
addition to any other remedies available to it at law or in equity,be entitled to seek injunctive relief without
posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this
DUA.
Section 5.06 Indemnification
To the extent permitted by the Texas Constitution,laws and rules,and without waiving any immunities
or defenses available to CONTRACTOR as a governmental entity, Contractor shall indemnify,defend and
hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents
(including other state agencies acting on behalf of HHS)or other members of HHS' Workforce(each of the
foregoing hereinafter referred to as"Indemnified Party")against all actual and direct losses suffered by the
Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA
or from any acts or omissions related to this DUA by Contractor or its employees, directors, officers,
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Subcontractors,or agents or other members of Contractor's Workforce. The duty to indemnify,defend and
hold harmless is independent of the duty to insure. Upon demand,Contractor shall reimburse HHS for any
and all losses,liabilities,lost profits,fines,penalties,costs or expenses(including costs of required notices,
investigation,and mitigation of a Breach,fines or penalties imposed on an Indemnified Party by a regulatory
authority, and reasonable attorneys' fees)which may be imposed upon any Indemnified Party to the extent
caused by and which results from the Contractor's failure to meet any of its obligations under this DUA.
Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the
expiration or termination of this DUA.
Section 5.07 Insurance
(A)As a governmental entity,CONTRACTOR either maintains commercial insurance or self-
insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this
DUA. CONTRACTOR will either require that the policy name HHS as an additional insured or assign
any payments from the insurer related to CONTRACTOR's liability arising under this DUA directly to
HHS. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy
CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve
CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain
insurance.
(B) Contractor shall provide HHS with written proof that required insurance coverage is in
effect,at the request of HHS.
Section 5.08 Entirety of the Contract
This DUA is incorporated by reference into the Base Contract and, together with the Base Contract,
constitutes the entire agreement between the parties. No change,waiver,or discharge of obligations arising
under those documents will be valid unless in writing and executed by the party against whom such change,
waiver,or discharge is sought to be enforced.
Section 5.09 Automatic Amendment and Interpretation
Upon the effective date of any amendment or issuance of additional regulations to any law applicable to
Confidential Information,this DUA will automatically be amended so that the obligations imposed on HHS
and/or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be
resolved in favor of a meaning that permits HHS and Contractor to comply with laws applicable to
Confidential Information.
Section 5.10 Notices; Requests for Approval
All notices and requests for approval related to this DUA must be directed to the HHS Chief Privacy Officer
at privacyChhsc.state.tx.us.
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ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM
HHS CONTRACT NUMBER
The DUA between HHS and Contractor establishes the permitted and required uses and
disclosures of Confidential Information by Contractor.
Contractor has subcontracted with (Subcontractor)
for performance of duties on behalf of CONTRACTOR which are subject to the DUA.
Subcontractor acknowledges,understands and agrees to be bound by the same terms and
conditions applicable to Contractor under the DUA,incorporated by reference in this
Agreement,with respect to HHS Confidential Information. Contractor and Subcontractor agree
that HHS is a third-party beneficiary to applicable provisions of the subcontract.
HHS has the right,but not the obligation,to review or approve the terms and conditions of the
subcontract by virtue of this Subcontractor Agreement Form.
Contractor and Subcontractor assure HHS that any Breach as defined by the DUA that
Subcontractor Discovers shall be reported to HHS by Contractor in the time,manner and content
required by the DUA.
If Contractor knows or should have known in the exercise of reasonable diligence of a pattern
of activity or practice by Subcontractor that constitutes a material breach or violation of the
DUA or the Subcontractor's obligations, Contractor shall:
1. Take reasonable steps to cure the violation or end the violation, as applicable;
2. If the steps are unsuccessful,terminate the contract or arrangement with Subcontractor,
if feasible;
3. Notify HHS immediately upon Discovery of the pattern of activity or practice of
Subcontractor that constitutes a material breach or violation of the DUA and keep HHS
reasonably and regularly informed about steps Contractor is taking to cure or end the
violation or terminate Subcontractor's contract or arrangement.
This Subcontractor Agreement Form is executed by the parties in their capacities
indicated below.
CONTRACTOR SUBCONTRACTOR
4
BY: BY:
NAME: NAME:
TITLE: TITLE:
DATE ,202 . DATE:
HHS Data Use Agreement v. 8.5
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Attachment 2-
Security and Privacy Initial Inquiry
[Attach Completed SPI Here]
docusign
Certificate Of Completion
Envelope Id:551 D8F84-88E9-49D7-999C-B34B3D638621 Status:Sent
Subject:New$9,008,026.00;HHS001503400019;City of Port Arthur;CPSO/FHS/EFND/WIC
Procurement Number:
Source Envelope:
Document Pages:119 Signatures:0 Envelope Originator:
Certificate Pages:2 Initials:0 Texas Health and Human Services Commission
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Envelopeld Stamping:Enabled Austin,TX 78756
Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us
IP Address: 168.60.146.176
Record Tracking
Status:Original Holder:Texas Health and Human Services Location:DocuSign
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PCS_DocuSign@hhsc.state.tx.us
Security Appliance Status:Connected Pool:FedRamp
Storage Appliance Status:Connected Pool:Texas Health and Human Services Location:DocuSign
Commission
Signer Events Signature Timestamp
Noemi Hemandez Completed Sent:12/2/2024 1:33:15 PM
noemi.hemandez2@hhs.texas.gov Viewed: 12/13/2024 9:12:25 AM
Security Level:Email,Account Authentication Signed:12/13/2024 9:16:00 AM
(None) Using IP Address: 167.137.1.17
Electronic Record and Signature Disclosure:
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Ron Burton Sent:11/24/2024 1:00:38 PM
ron.burton@portarthurtx.gov Resent: 12/13/2024 9:16:04 AM
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(None)
Electronic Record and Signature Disclosure:
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Crystal Starkey
crystal.starkey@hhs.texas.gov
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
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In Person Signer Events Signature Timestamp
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Carbon Copy Events Status Timestamp
Leigh MacLean COPIED Sent: 11/24/2024 1:00:37 PM
leigh.maclean@hhs.texas.gov
Director
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(None)
Electronic Record and Signature Disclosure:
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Melissa Gonzales COPIED
Sent: 11/24/2024 1:00:37 PM
Melissa.Gonzales@hhs.texas.gov
Contract Administration Manager
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Noemi Hemandez COPIED Sent: 11/24/2024 1:00:36 PM
noemi.hernandez2@hhs.texas.gov
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Christina Patteson T Sent:11/24/2024 1:00:38 PM
Christina.patteson@portarthurtx.gov COPIED+E D Viewed: 11/25/2024 7:46:15 AM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
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