HomeMy WebLinkAboutResolution - 2021-R0357 - Amendment No. 1 to Contract HHS000779500004 9.14.21Resolution No. 2021-R0357
Item No. 7.38
September 14, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the acts of the Mayor of the City of Lubbock in executing, on behalf of the City of
Lubbock, Amendment No. 1 to the Health and Human Services Commission (HHSC) Contract
No. HHS000779500004, under the Substance Use Disorder Treatment, to provide funding for
Treatment Adult - Specialize Female Services, by and between the City of Lubbock and the State
of Texas acting by and through HHSC, and related documents are hereby ratified in full. Said
Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebe ca Garza, City Secreta
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
September 14, 2021
DANIEL M. POPE, MAYOR
RES.HHSC Contract No. HHS000779500004 Amendment No.I Ratification
9.9.21
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
Resolution No. 2021-R0357
HEALTH AND HUMAN SERVICES COMMISSION
CONTRACT NO. HHS000779500004
AMENDMENT NO. 1
THE HEALTH AND HUMAN SERVICES COMMISSION ("System Agency") and CITY OF LUBBOCK
("Grantee"), collectively, the "Parties," to that certain Treatment for Females ("TRF") Contract,
effective August 1, 2020 and denominated HHSC Contract No. HHS000779500004 (the
"Contract"), now desire to amend the Contract.
WHEREAS, the Parties want to amend the Contract to allow for successful completion of
the Project;
WHEREAS, the Parties desire to incorporate ATTACHMENT H-1, FISCAL FEDERAL
FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM, to this Contract;
WHEREAS, the Parties desire to revise Attachments to the existing Contract;
WHEREAS, the Parties desire to add System Agency allocated funds to the Contract in the
amount of $583,521.00 for fiscal year from FY 2022 through FY 2025, thereby increasing the
not to exceed Total Contract Value to $3,495,847.00; and
WHEREAS, the Parties want to add System Agency allocated funds to the Contract in the
amount of $75,001.00 in COVID-19 funding per fiscal year FY 2022 and $40,384.00 for FY
2023, thereby increasing the not to exceed Total Contract Value.
The Parties therefore agree as follows:
1. ARTICLE III, DURATION, of the Contract Signature Page is amended to reflect a revised
termination date of August 31, 2025.
The revised termination date does not affect Parties' ability to renew, extend, modify, or
terminate pursuant to the terms and conditions of the Contract.
2. ARTICLE IV, BUDGET, of the Contract Signature Page is hereby amended to add System
Agency funds of $583,521.00 per Fiscal Year (FY) for FY2022 through FY2025 and
supplemental SABG COVID-19 funds of (1) $75,001.00 for FY 2022 and (2) $40,384.00 for
FY 2023, resulting in a new total contract value of $3,611,232.00.
a. The System Agency allocated share by State Fiscal Year is as follows:
a.FY 2022, September 1, 2021 through September 31, 2022: $658,522.00
b.FY 2023, September 1, 2022 through September 31, 2023: $623,905.00
c.FY 2024, September 1, 2023 through September 31, 2024: $583,521.00
d.FY 2025, September 1, 2024 through September 31, 2025: $583,521.00
System Agency Solicitation No. HHS0007795
System Agency Contract No. HHS000779500004
DocuSign Envelope ID BC835E31-97DB-44CD-9C90-5CA841257FCB
b. No additional match is required for SABG supplemental funds awarded as a result of
the COVID-19 Pandemic.
c. Total Contract Value of System Agency allocated funds including required match will not
exceed $3,786,024.00.
d. Any funds remaining by the end of the fiscal year will be forfeited and may not be carried
forward or rolled over to the following fiscal year.
3. The Parties amend the Contract Signature Page to add Article X, Texas Grant Management
Standards (TxGMS):
X. TEXAS GRANT MANAGEMENT STANDARDS (TxGMS)
The Texas Grant Management Standards (TxGMS), published by the Texas Comptroller,
replaces the Uniform Grant Management Standards (UGMS) and applies to grant agreements
that begin on or after January 1, 2022. Additionally, as provided in TxGMS, if a state awarding
agency adds funds to a grant that existed before March 1, 2021, TxGMS will apply to it from
that point forward, unless the state awarding agency specifically indicates that TxGMS will
not apply. Applicable references to UGMS in this Grant Agreement will be superseded by
TxGMS accordingly.
4. ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with
ATTACHMENT A, STATEMENT OF WORK (REVISED APRIL 2021).
5. ATTACHMENT B, PROGRAM SERVICES AND UNIT RATES is deleted and replaced in its entirety
with ATTACHMENT B, PROGRAM SERVICES & UNIT RATES (REVISED APRIL 2021).
6. ATTACHMENT E, SPECIAL CONDITIONS VERSION 1.2, is deleted and replaced in its entirety
with ATTACHMENT E, SPECIAL CONDITIONS, VERSION 1.3.
6. ATTACHMENT H-1, FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY
ACT (FFATA) FORM, is attached to and incorporated into this Contract.
7. This Amendment No. 1 shall be effective as of date of last signature.
8. Except as amended and modified by this Amendment No. 1, all terms and conditions of the
Contract, as amended, shall remain in full force and effect.
9. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
System Agency Solicitation No. HHS0007795
System Agency Contract No. HHS000779500004
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
SIGNATURE PAGE FOR AMENDMENT NO.1
HEALTH AND HUMAN SERVICES COMMISSION
CONTRACT NO. HHS000779500004
HEALTH AND HUMAN SERVICES CITY OF LUBBOCK
COMMISSION
Date of Execution:
Doeu3igned by:
BJ yF¢von:asccenc
Name: Daniel Pope
Title: Mayor
Date of Execution: September 8, 2021
THE FOLLOWING ATTACHMENTS ARE ATTACHED AND THEIR TERMS ARE HEREBY
INCORPORATED AS PART OF THE CONTRACT:
ATTACHMENT A STATEMENT OF WORK (REVISED APRIL 2021)
ATTACHMENT B PROGRAM SERVICES & UNIT RATES (REVISED APRIL 2021)
ATTACHMENT E SPECIAL CONDITIONS VERSION 1.3
ATTACHMENT H-1 FISCAL FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT (FFATA) FORM
System Agency Solicitation No. HHS0007795
System Agency Contract No. HHS000779500004
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
Grantee shall provide Substance Use Disorder Treatment Services for one (1) or more of the
following service types/levels of care listed in Section II below. The service types/levels of care
listed below are based on Texas Administrative Code (TAC) requirements, as referenced in the
Substance Use Disorder (SUD) Program Guide, located at the following link:
httlrs://hhs.texas. gov, doing_business-hhs/provider-portals/beliavioral-health-services-
roviders./substance-use-disorder-service-providers, and American Society of Addiction Medicine
(ASAM) criteria located at the following link: https://www.asam.org/asam-criteria/about,which is
a collection of objective guidelines that give clinicians a standardized approach to admission and
treatment planning.
SECTION II: TARGET POPULATION
A. TREATMENT FOR FEMALES (TRF)
Adult pregnant women and women with Dependent Children (including women whose
children are in custody of the State) who meet Client Eligibility for System Agency -funded
substance use disorder services as stated in the System Agency Substance Use Disorder
(SUD) Program Guide.
1. Outpatient Treatment Services
(ASAM Level 1 Outpatient Services)
2. Supportive Residential Treatment Services
(ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services)
3. Intensive Residential Treatment Services
(ASAM Level 3.5 Clinically Managed High -Intensity Residential Services)
4. Residential Detoxification Services
(ASAM Level 3.7 Medically Monitored Withdrawal Services)
5. Ambulatory Detoxification Services
(ASAM Level 2 Withdrawal Management)
B. TREATMENT FOR WOMEN AND CHLDREN
Adult pregnant women and women with Dependent Children (including women whose
children are in custody of the State) who meet Client Eligibility for System Agency -funded
substance use disorder services as stated in the System Agency SUD Program Guide.
Clients being admitted into Women and Children's treatment facilities must meet at least one
(1) of the following criteria:
1. Be in the third trimester of her pregnancy;
2. Have at least one (1) child physically residing overnight with her in the facility;
3. Have a referral by Department of Family and Protective Services (DFPS).
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Note: DFPS will not allow at least one (1) child to initially reside overnight but DFPS plans
to place the child in the facility within the first thirty (30) Service Days of treatment.
i. Women and Children's Intensive Residential Services
(ASAM Level 3.5 Clinically Managed High -Intensity Residential
Services)
ii. Women and Children's Supportive Residential Services
(ASAM Level 3.1 Clinically Managed Low -Intensity Residential
Services)
Grantee shall:
A. Administrative Requirements
1. Adhere to the most current SUD Program Guide.
2. Provide age -appropriate medical and psychological therapeutic services designed to
treat an individual's SUD and restore functions while promoting Recovery.
3. Adhere to Level of Care/Service Type licensure requirements.
4. Comply with all applicable TAC rules adopted by System Agency related to SUD
treatment.
5. Document all specified required activities and services in the Clinical Management
of Behavioral Health Services (CMBHS) system. Documents that require Client or
staff signature shall be maintained according to TAC requirements and made
available to System Agency for review upon request.
6. In addition to TAC and SUD Program Guide required Policies and Procedures,
Grantee shall develop and implement organizational policies and procedures for:
i. A marketing plan to engage local referral sources and provide information to
these sources regarding the availability of SUD treatment and the Client
Eligibility criteria for admissions;
ii. All marketing materials published shall include Priority Populations for
Treatment Programs admissions;
iii. Client Retention in services, including protocols for addressing Clients absent
from treatment and policies defining treatment non-compliance; and
iv. All policies and procedures shall be provided to System Agency upon
request.
7. Ensure that Program Directors participate in their specific Program and service type
conference calls as scheduled by System Agency. Program Directors shall participate unless
otherwise agreed to by System Agency in writing. Grantee executive management may
participate in the conference calls.
8. Actively attend and share representative knowledge about Grantee's system and
services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly
regional collaborative meetings.
9. Ensure compliance with Client Eligibility requirements to include: Texas residence
eligibility, Financial Eligibility and clinical eligibility as specified in SUD Program
Guide.
10. Document a Life Event Note in CMBHS upon active Client's delivery of newborn.
11. Grantee will develop a local agreement with DFPS local offices to address referral
process, coordination of services, and sharing of information as allowed per the
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consent and agreement form.
12. Adhere to Memorandum of Understanding requirements as stated in the SUD
Program Guide.
13. Maintain a list of community resources and document referrals when appropriate to
ensure that children of the client have access to services to address their needs and
support healthy development including primary pediatric care, early childhood
intervention services, and other therapeutic interventions that address the children's
development needs and any issues of abuse and neglect.
B. Service Delivery
Grantee shall:
1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD
Program Guide.
2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD
Program Guide.
3. Maintain a Waiting List to track all eligible individuals who have been screened but
cannot be admitted to SUD treatment immediately.
i. Grantee that has an individual identified as a federal and State priority
population on the waiting list shall confirm this in the Daily Capacity
Management Report.
ii. Grantee shall arrange for appropriate services in another treatment facility or
provide access to interim services as indicated within forty-eight (48) hours
when efforts to refer to other appropriate services are exhausted.
iii. Grantee shall offer directly or through referral interim services to waitlisted
individuals.
iv. Establish a wait list that includes priority populations and interim services
while awaiting admission to treatment services.
v. Develop a mechanism for maintaining contact with individuals awaiting
admission.
4. If unable to provide admissions to individuals within Priority Populations for
Treatment Programs according to SUD Program Guide:
i. Implement written procedures that address maintaining weekly contact with
individuals waiting for admissions as well as what referrals are made when a
Client cannot be admitted for services immediately.
ii. When Grantee cannot admit a Client, who is at risk for dangerous withdrawal,
Grantee shall ensure that an emergency medical care provider is notified.
iii. Coordinate with an alternate provider for immediate admission.
iv. Notify System Agency Program staff
(Substance_Use_Disorder(ii)hhs.texas.gov) so that assistance can be provided
that ensures immediate admission to other appropriate services and proper
coordination when appropriate.
v. Provide pre -admission service coordination to reduce barriers to treatment,
enhance motivation, stabilize life situations, and facilitate engagement in
treatment.
vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable
to individual as stated in the SUD Program Guide.
vii. When an individual is placed on the wait list, Grantee shall document interim
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services as referrals that provides applicable testing, counseling, and treatment
for Human Immunodeficiency Virus (HIV), Tuberculosis (TB) and sexually
transmitted infections (STIs).
C. Screening and Assessment
Grantee shall:
1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD
Program Guide Information, Rules, and Regulations regarding Screening and
Assessment.
2. When documenting a CMBHS Substance Use Disorder screening, Grantee shall
conduct the screening in a confidential, face-to-face interview unless there is
documented justification for an interview by phone.
3. Document Financial Eligibility in CMBHS as required in the SUD Program Guide.
4. Conduct and document a CMBHS SUD Initial Assessment with the Client to
determine the appropriate levels of care for SUD treatment. The CMBHS assessment
will identify the impact of substances on the physical, mental health, and other
identified issues including TB, Hepatitis B and C, STI, HIV.
i. If Client indicates risk for these communicable diseases, Grantee shall refer
the Client to the appropriate community resources for further testing and
counseling.
ii. If the Client is at risk for HIV, Grantee shall refer the Client to pre and post-
test counseling on HIV.
iii. If the Client is living with HIV, Grantee will refer the Client to the appropriate
community resources to complete the necessary referrals and health related
paperwork.
D. Treatment Planning, Implementation, and Review
Grantee shall:
1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD
Program Guide Information, Rules, and Regulations regarding Treatment Planning,
Implementation, and Review.
2. Collaborate actively with Clients and family, when appropriate, to develop and
implement an individualized, written treatment plan that identifies services and
support needed to address problems and needs identified in the assessment. The
treatment plan shall document the expected length of stay and treatment intensity.
Grantee shall use clinical judgment to assign a projected length of stay for each
individual Client.
3. Document referral and referral follow-up in CMBHS to the appropriate community
resources based on the individual need of the Client.
E. Discharge
Grantee shall:
1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD
Program Guide Information, Rules, and Regulations regarding Discharge.
2. Develop and implement an individualized discharge plan with the Client to assist in
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
sustaining Recovery.
Document in CMBHS the Client -specific information that supports the reason for
discharge listed on the discharge report. A QCC shall sign the discharge summary.
Appropriate referrals shall be made and documented in the Client record. A Client's
treatment is considered successfully completed if the following criteria are met:
i. Client has completed the clinically recommended number of treatment units
(either initially Projected or modified with clinical justification) as indicated in
CMBHS; and
ii. All problems on the treatment plan have been addressed. Grantee shall use the
treatment plan component of CMBHS to create a final and completed treatment
plan version.
Problems designated as "treat" or "case manage" status shall have all objectives
resolved prior to discharge:
iii. Problems that have been "referred" shall have associated documented referrals
in CMBHS;
iv. Problems with "deferred" status shall be re -assessed. Upon successful
discharge, all deferred problems shall be resolved, either through referral,
withdrawal, treatment, or case management with clinical justification reflected in
CMBHS through the Progress Note and Treatment Plan Review Components;
and
Withdraw problems shall have clinical justification reflected in CMBHS,
through the Progress Note and Treatment Plan Review Components.
F. Additional Service Requirements
Grantee shall:
1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD
Program Guide Information, Rules, and Regulations.
2. Deliver and provide access to services at times and locations that meet the needs of the
target population. Provide or arrange for transportation to all required services not
provided at Grantee's facility.
3. Accept referrals from the OSAR.
4. Provide evidenced -based education at minimum on the following topics:
i. TB; (ii) HIV;
ii. Hepatitis B and C;
iii. STIs/Diseases; and
iv. health risks of tobacco and nicotine product use.
5. Provide Case Management as needed with documentation in CMBHS, as Case
Management is essential to the ultimate success of the Client.
6. Ensure Client access to the full continuum of treatment services and shall provide
sufficient treatment intensity to achieve treatment plan goals.
7. Provide all services in a culturally, linguistically, non -threatening, respectful and
developmentally appropriate manner for Clients, families, and/or significant others.
8. Provide trauma -informed services that address the multiple and complex issues related
to violence, trauma, and substance use disorders.
9. Provide overdose prevention education to all Clients. Document overdose prevention
education in CMBHS.
10. Specific overdose prevention activities shall be conducted with Clients with opioid use
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
disorders and those Clients that use drugs intravenously. Grantee will directly provide
or refer to community support services for overdose prevention and reversal education
to all identified at risk Clients prior to discharge. Grantee will document all overdose
prevention and reversal education in CMBHS.
11. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation
treatment as follow:
i. Assess all Clients for tobacco use and Clients seeking to cut back or quit.
ii. If the Client indicates wanting assistance with cutting back or quitting, the Client
will be referred to appropriate tobacco cessation treatment.
12. Provide and document in CMBHS case management activities as indicated by
assessment and treatment plan.
13. Provide and document in CMBHS research -based education on the effects of
Alcohol, Tobacco, and Other Drugs (ATOD) on the fetus.
14. Utilize an evidenced -based, trauma -informed curriculum in the treatment of women
with substance use disorders.
15. Utilize System Agency as the payer of last resort if the Client has other/outside
funding available (i.e., wages, insurance, etc.).
1. All personnel shall receive the training and Supervision necessary to ensure
compliance with System Agency rules, provision of appropriate and individualized
treatment, and protection of Client's health, safety, and welfare.
2. Ensure that all direct care staff receive a copy of this Statement of Work and SUD
Program Guide.
3. Ensure that all direct care staff review all policies and procedures related to the
Program or organization on an annual basis.
4. Ensure compliance for Personnel Practices and Development with TAC and System
Agency SUD Program Guide requirements.
5. Within ninety (90) business days of hire and prior to service delivery, direct care
staff shall have specific documented training in the following:
i. Motivational Interviewing Techniques or Motivational Enhancement Therapy;
ii. Trauma -informed care;
iii. Cultural competency;
iv. Harm reduction trainings;
v. Health Insurance Portability and Accountability Act (HIPAA) and 42 Code of
Federal Regulations (CFR) Part 2 training;
vi. Alcohol, Tobacco and Other Drugs on the Developing Fetus;
vii. Child welfare education, and
viii. State of Texas co-occurring psychiatric and substance use disorder (COPSD)
training located at the following website: www.centralizedtraining.com.
6. Ensure all direct care staff complete annual education on HIPAA and 42 CFR Part 2
training.
7. Ensure all direct care staff complete a minimum often (10) hours of training each State
Fiscal Year in any of the following areas:
i. Motivational Interviewing Techniques;
ii. Cultural competencies;
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
iii. Reproductive health education;
iv. Risk and harm reduction strategies;
v. Trauma Informed Care;
vi. Substance exposed pregnancy (such as Fetal Alcohol Spectrum Disorder or
vii. Neonatal Abstinence Syndrome);
viii. Child welfare education; or
ix. Suicide prevention and intervention.
8. Individuals responsible for planning, directing, or supervising treatment services shall
be QCCs.
9. Contractor shall have a clinical Program Director known as a "Program Director" with at
least two (2) years of post-QCC licensure experience providing substance use disorder
treatment.
10. Substance Use Disorder counseling shall be provided by a QCC, or Chemical
Dependency Counselor Intern. Substance use disorder education and life skills training
shall be provided by counselors or individuals who have appropriate specialized
education and expertise. All counselor interns shall work under the direct Supervision
of a QCC.
11. Licensed Chemical Dependency Counselors shall recognize the limitations of their
licensee's ability and shall not provide services outside the licensee's scope of practice
of licensure or use techniques that exceed the person's license authorization or
professional competence.
12. Contractor shall train staff and develop a policy to ensure that information gathered
from Clients is conducted in a respectful, non -threatening, and culturally competent
manner.
13. Contractor shall adapt services and accommodate persons as appropriate to meet the
needs of special populations.
14. Contractor shall develop and implement a mechanism to ensure that all direct care staff
have the knowledge, skills, and abilities to provide services to women and children, as
they relate to the individual's job duties.
15. Contractor shall be able to demonstrate through documented training, credentials
and/or experience that all direct care staff are proficient in areas pertaining to the needs
of and provision of services to women and children.
A. OUTPATIENT TREATMENT
SERVICES (ASAM Level 1
Outpatient Services)
Grantee shall:
1. Adhere to TAC requirements and SUD Program Guide for outpatient treatment
Programs / services.
2. Provide and document in CMBHS one (1) hour of group or individual counseling
services for every six (6) hours of educational activities.
3. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge
from the outpatient treatment services.
4. When the assessment indicates placement in System Agency funded Women and
Children Intensive or Supportive Residential services but there are no available beds,
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Grantee shall provide coordinated interim care until a Women and Children Intensive
or Supportive Residential bed becomes available. A pregnant Client, if she chooses and
is appropriate for this service type, shall be transferred to Women and Children
Intensive and Supportive Residential services no later than the eighth month of
pregnancy in order to provide sufficient time to adjust to the changes prior to delivery
of her child.
5. As part of the education hours, Grantee will provide and document in CMBHS:
i. A minimum of one (1) hour per week (or one (1) hour per month for Clients
who have been transferred to outpatient after successfully completing a
residential level of care) of evidence -based parenting education anddocument
these services; and
iii. A minimum of six (6) hours (or two (2) hours for Clients who have been
transferred to outpatient after successfully completing a residential level of
care) of reproductive health education prior to discharge and document these
services.
6. Provide and document in CMBHS research -based education on the effects of ATOD on
the fetus.
B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES
(ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services)
Grantee shall:
1. Adhere to TAC and SUD Program Guide applicable to supportive services
requirements.
2. When the assessment indicates placement in System Agency -funded Women and
Children Intensive or Supportive Residential services but there are no available beds,
Contractor shall provide coordinated interim care until a Women and Children
Intensive or Supportive Residential bed becomes available. A pregnant Client, if she
chooses and is appropriate for this service type, shall be transferred to Women and
Children Intensive and Supportive Residential services no later than the eighth month
of pregnancy in order to provide sufficient time to adjust to the changes prior to
delivery of her child.
3. As part of education hours, Grantee will provide:
i. A minimum of one (1) hour per week of evidenced -based parenting education;
and
ii. A minimum of two (2) hours of reproductive health education within thirty
(30) Service Days of admission.
4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge
from the residential treatment services.
C. SUPPORTIVE RESIDENTIAL FOR WOMEN AND CHLDREN (ASAM
Level 3.1 Clinically Managed Low -Intensity Residential Services)
Grantee shall:
1. Adhere to TAC and SUD Program Guide applicable to supportive services
requirements.
2. In addition, adhere to TAC requirements applicable to Treatment Services for Women
and Children.
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3. As part of education hours, Grantee will provide and document in CMBHS:
i. A minimum of two (2) hours per week of evidence -based parenting education
and document these services;
ii. A minimum of six (6) hours of reproductive health education within thirty
(30) service days of admission and document these services; and
iii. At minimum, evidenced -based education on the effects of ATOD during
pregnancy.
4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge
from the residential treatment services.
D. INTENSIVE RESIDENTIAL TREATMENT SERVICES
(ASAM Level 3.5 Clinically Managed High -Intensity Residential Services)
Grantee shall:
1. Adhere to TAC and SUD Program Guide applicable to intensive services requirements.
2. When the assessment indicates placement in System Agency -funded Women and
Children Intensive or Supportive Residential services but there are no available beds,
Grantee shall provide coordinated interim care until a Women and Children Intensive
or Supportive Residential bed becomes available. A pregnant Client, if she chooses and
is appropriate for this service type, shall be transferred to Women and Children
Intensive and Supportive Residential services no later than the eighth month of
pregnancy in order to provide sufficient time to adjust to the changes prior to delivery
of her child.
3. As part of education hours, Grantee will provide and document in CMBHS:
i. A minimum of two (2) hours per week of evidenced -based parenting education;
and
ii. A minimum of six (6) hours of reproductive health education within thirty (30) Service Days
of admission.
4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the
residential treatment services.
E. INTENSIVE RESIDENTIAL FOR WOMEN AND CHILDREN
Grantee shall:
1. Adhere to TAC and SUD Program Guide applicable to intensive services
requirements.
2. Adhere to TAC requirements applicable to Treatment Services for Women and
Children.
3. As part of education hours, Grantee will provide:
i. A minimum of two (2) hours per week of evidence -based parenting education
and document these services; and
H. A minimum of six (6) hours of reproductive health education within thirty (30) Service Days of
admission and document these services.
F. RESIDENTIAL DETOXIFICATION / WITHDRAWAL MANAGEMENT
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(ASAM LEVEL 3.7 MEDICALLY MONITORED WITHDRAWAL
MANAGEMENT)
Grantee shall:
1. Adhere to TAC requirements for detoxification services.
2. Adhere to the SUD Program Guide for detoxification services.
3. Adhere to the following additional service delivery requirements:
i. Document in CMBHS a Withdrawal Management Intake Form.
ii. Document in CMBHS a discharge plan prior to discharge or
transfer.
iii. Document in CMBHS a discharge follow-up no more than ten (10)
calendar days after discharge from withdrawal management
services.
iv. Develop and Implement Policies, Procedures, and Medical
Protocols to ensure Client placement into the appropriate level of
withdrawal management services in accordance with national
guidelines, peer -reviewed literature, and best practices and have
available for System Agency review.
G. AMBULATORY WITHDRAWAL MANAGEMENT
(ASAM LEVEL 2 WITHDRAWAL MANAGEMENT)
Grantee shall:
1. Adhere to TAC requirements for detoxification services.
2. Adhere to the SUD Program Guide for detoxification services.
3. Adhere to the following additional service delivery requirements:
i. Document in CMBHS a Withdrawal Management Intake Form.
ii. Document in CMBHS a discharge plan prior to discharge or transfer.
iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar
days after discharge from withdrawal management services.
iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure
Client placement into the appropriate level of withdrawal management services
in accordance with national guidelines, peer -reviewed literature, and best
practices and have available for System Agency review.
4. Ambulatory detoxification shall not be a stand-alone service. Grantees shall ensure the Client is
simultaneously admitted to a substance use disorder treatment service while admitted to ambulatory
detoxification services.
1. Grantee shall submit required reports of monitoring activities to System Agency by the applicable
due date outlined below. The following reports must be submitted to System Agency to
GlobalScape EFT (https: Usftp. hhs.texas. gov I by the required due date and report name described
in Section VII: Submission Requirements. Performing Agency shall submit all documents listed
in the table displayed in this section by the Due Date stated.
2. Performing Agency will note that if the due date is on a weekend or holiday, the due date is the
following business day.
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
Performing Agency shall submit monthly invoices in Clinical Management for Behavioral Health
Services (CMBHS) by the 15th of the following month.
4. Performing Agency shall submit annual Contract Closeout documentation, this is required each
fiscal year, and a final contract closeout will be due October 15.
Performing Agency shall submit a CMBHS Security Attestation Form, the form shall be
submitted electronically on or before September 15a` and March 15th to the to the designated
folder in GlobalScape EFT.
6. Performing Agency will report the performance measures for the previous months activities in
CMBHS by the 15th of the current month.
7. Performing Agency's duty to submit documents will survive the termination or expiration of this
Contract.
SECTION VII: SUBMISSION REOUIREMENT
System Agency will monitor Performing Agency's performance of the requirements in Attachment A
and compliance with the Contract's terms and conditions.
Requirement
Deliverable
Due Date
Submission System
(Report Name)
Section VIII
Invoices in
Invoice for previous
CMBHS
CMBHS
month's activities on
the 15th of the current
month.
Section VIII
Closeout
Final closeout
GlobalScape
documents
documents due
October 15a` each
fiscal year.
Section VIII
CMBHS Security
September 15'' and
GlobalScape
Attestation Form
March 15t' annually
and list of
authorized users
SECTION VIII: CLINICAL MANAGEMENT FOR BEHAVIORAL HEALTH SERVICES (CMBHS)
SYSTEM MINIMUM REQUIREMENTS
Performing Agency Shall:
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
1. Designate a Security Administrator and a back-up Security Administrator. The Security
Administrator is required to implement and maintain a system for management of user accounts/user
roles to ensure that all the CMBHS user accounts are current.
2. Establish and maintain a security policy that ensures adequate system security and protection of
confidential information.
3. Notify the CMBHS Help -desk within ten (10) business days of any change to the designated Security
Administrator or the back-up Security Administrator.
4. Ensure that access to CMBHS is restricted to only authorized users. Performing Agency shall, within
24 hours, remove access to users who are no longer authorized to have access to secure data.
In addition to CMBHS Helpdesk notification, Performing Agency shall submit a signed CMBHS
Security Attestation Form and a list of Performing agency's employees, contracted laborers and
subPerforming Agency's authorized to have access to secure data. The CMBHS Security Attestation
Form shall be submitted electronically on or before the 151h day of September and March 151', to the
designated folder in Globalscape EFT.
Administrative Note to document any other activities (as needed).
6. Attend System Agency training on CMBHS documentation.
7. If the due date is on a weekend or holiday, the due date is the next business day.
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT B
PROGRAM SERVICES & UNIT RATES
(REVISED APRIL 2021)
Grantee Name: CITY OF LUBBOCK
Contract Number: HHS000779500004
A. Funding from The United States Health and Humans Services (HHS) and the Substance
Abuse and Mental Health Services Administration (SAMHSA) fund the System Agency
Substance Use Disorder project(s), which includes this Contract.
B. The Assisted Listing Number for the Substance Abuse Prevention and Treatment (SAPT)
Block Grant is 93.959.
1. Substance Abuse Prevention Treatment Block(SAPT) Grant, Assisted Listing Number 93.959 requires
a five percent match requirement.
2. State General Revenue
C. Funding
1. System Agency Share total reimbursements will not exceed $2,449,469.00 for the period from
September 1, 2021 through August 31, 2025. The System Agency allocated share by State Fiscal
Year is as follows:
a. FY 2022, September 1, 2021 through September 31, 2022: $658,522.00
b. FY 2023, September 1, 2022 through September 31, 2023: $623,905.00
c. FY 2024, September 1, 2023 through September 31, 2024: $583,521.00
d. FY 2025, September 1, 2024 through September 31, 2025: $583,521.00
2. For each Fiscal Year noted in Section C (1) (a-e), Grantee shall provide the match requirement of
$29,177.00, as detailed below:
a. FY 2022, September 1, 2021 through September 31, 2022: $687,699.00
b. FY 2023, September 1, 2022 through September 31, 2023: $653,082.00
c. FY 2024, September 1, 2023 through September 31, 2024: $612,698.00
d. FY 2025, September 1, 2024 through September 31, 2025: $612,698.00
3. The System Agency Share total reimbursements detailed in Section C (1) (a-e) include COVID-19
funding allocations for Fiscal Years 2022-23 as documented below:
a. Fiscal Year 2022, September 1, 2021 through September 31, 2022 - $75,001.00
b. Fiscal Year 2023, September 1, 2022 through March 14, 2023 - $ 40,384.00
4. Total Contract Value of System Agency allocated funds including required match will not exceed
$3,787,028.00
D. Grantee will submit claims to the System Agency through the Clinical Management for
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
Behavioral Health Services (CMBHS) system monthly.
E. Except as indicated by the CMBHS financial eligibility assessment, Grantee shall accept
reimbursement or payment from the System Agency as payment in full for services or goods
provided to Clients or participants, and Grantee shall not seek additional reimbursement or
payment for services or goods, to include benefits received from federal, state, or local sources,
from clients or participants.
F. Grantee may request revisions to the approved distribution of funds budgeted in the Service
Type/Capacity/Unit Rate Chart, by submitting a written request to the assigned Contract
Manager. Any change is considered a minor administrative change and does not require an
amendment. The System Agency shall provide a Technical Guidance Letter(TGL) if the revision is
approved; and the assigned Contract Manager will update CMBHS, as needed.
G. Any unexpended balance associated with any other System Agency Contract may not be
applied to this System Agency Contract.
H. System Agency funded capacity is defined as the stated number of clients that will be
concurrently served as determined by this Contract.
I. Clinic Numbers must be approved by the assigned Contract Manager before billing can occur.
Clinic Change Request Form is located at: https://hhs.texas.gov/doing-business-hhs,'nrovider-
portals/behavioral-health-services-providers/substance-use-disorder-service-providers.
J. Service Types with no associated amount will be paid from the preceding Service Type with
an associated Amount.
K. In accordance with the 866' legislative senate bill 1 HHSC Rider 64, substance abuse
treatment rates for services provided in July and August 2020 will be increased effective July
1, 2020. Grantee will be paid the service rates in effect prior to July 1, 2020 for the remainder
of FY 2020. Beginning September 1, 2020, System Agency will extract paid claim data for
services provided by Grantee during July and August 2020 and calculate the difference
between Grantee's payment (s) using the pre -July 1, 2020 service rates versus the amended
rates. System Agency will thereafter issue Grantee a final reconciliation payment for the
difference between the two service rates. Grantee's FY 2020 payment(s) shall not exceed the
total reimbursement amount stated in section C of this Attachment B.
L. The following Service Types, Capacity, and Unit Rates are approved and shall be delivered
through this Contract:
DocuSign Envelope ID. BC835E31-97DB-44CD-9C90-5CA841257FCB
SERVICE TYPE/CAPACITY/UNIT RATE CHART
FY2022
Service Type
Number
Served
Capacity
Unit
Rate
Amount
Adult Specialized Female Residential Intensive
75
6
$113.02
$255,001.00
Adult Specialized Female Residential Supportive
17
1
$82.67
$42,797.00
Adult Specialized Female Residential Detox
$234.41
Adult Specialized Female Ambulatory Detox
$88.95
Adult Specialized Female W/C Residential Intensive
26
3
$217.67
$250,000.00
Adult Spec Fern W/C Residential Wraparound
Services -LESS THAN 21
$54.41
Adult Spec Fern W/C Residential Wraparound
Services- 21 and OVER
$107.78
Adult Specialized Female W/C Residential Supportive
$185.22
Adult Specialized Female Outpatient Services
70
10
$110,724.00
Adult Spec Female Outpatient Group Counseling
$29.30
Adult Spec Female Outpatient Group Education
$17.79
Adult Spec Female Outpatient Individual
$80.57
SERVICE TYPE/CAPACITY/UNIT RATE CHART
FY2023
Service Type
Number
Served
Capacity
Unit
Rate
Amount
Adult Specialized Female Residential Intensive
65
5
$113.02
$220,384.00
Adult Specialized Female Residential Supportive
17
1
$82.67
$42,797.00
Adult Specialized Female Residential Detox
$234.41
Adult Specialized Female Ambulatory Detox
$88.95
Adult Specialized Female WIC Residential Intensive
26
3
$217.67
$250,000.00
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
Adult Spec Fern W/C Residential Wraparound
$54.41
Services -LESS THAN 21
Adult Spec Fern W/C Residential Wraparound
$107.78
Services- 21 and OVER
Adult Specialized Female W/C Residential Supportive
$185.22
Adult Specialized Female Outpatient Services
10
70
$110,724.00
$29.30
Adult Spec Female Outpatient Group Counseling
$17.79
Adult Spec Female Outpatient Group Education
$80.57
Adult Spec Female Outpatient Individual
SERVICE TYPE/CAPACITY/UNIT RATE CHART
FY2024 — FY2025
Service Type
Number
Served
Capacity
Unit
Rate
Amount
Adult Specialized Female Residential Intensive
53
4
$113.02
$180,000.00
Adult Specialized Female Residential Supportive
17
1
$82.67
$42,797.00
Adult Specialized Female Residential Detox
$234.41
Adult Specialized Female Ambulatory Detox
$88.95
Adult Specialized Female W/C Residential Intensive
26
3
$217.67
$250,000.00
Adult Spec Fern W/C Residential Wraparound
Services -LESS THAN 21
$54.41
Adult Spec Fern W/C Residential Wraparound
Services- 21 and OVER
$107.78
Adult Specialized Female W/C Residential Supportive
$185.22
Adult Specialized Female Outpatient Services
70
10
$110,724.00
Adult Spec Female Outpatient Group Counseling
$29.30
Adult Spec Female Outpatient Group Education
$17.79
Adult Spec Female Outpatient Individual
$80.57
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
TEXAS
Health and Human Services
Health and Human Services Commission
Special Conditions
Version 1.3
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ATTACHMENT E (REVISED AUGUST 2021)
TABLE OF CONTENTS
ARTICLEI -SPECIAL DEFINITIONS.........................................................................................................................................................................................................................................................3
ARTICLE11 - GRANTEES PERSONNELAND SUBCONTRACTORS.....................................................................................................................................................................................................4
:.01
Qualifications.........................................................................................................................................................................................................................4
2.02
Conduct and Removal...........................................................................................................................................................................................................4
2.03
Contracts with Subcontractors.............................................................................................................................................................................................4
2.04
Status of Subcontractors.......................................................................................................................................................................................................5
2.05
Incorporation of Terms in Subcontracts.............................................................................................................................................................................. 5
2.06
Notice of Legal Matter or Litigation.............................................................................................................................................................................. 6
2.07
Unilateral Amendment...................................................................................................................................................................................................6
ARTICLEIII - CONFIDENTIALITY............................................................................................................................................................................................................................................................6
3.01 Confidential System Information.........................................................................................................................................................................................6
ARTICLEIV -MISCELLANEOUS PROVISIONS......................................................................................................................................................................................................................................7
4.01
Minor Administrative Changes............................................................................................................................................................................................7
4.02
Conflicts of Interest...............................................................................................................................................................................................................7
4.03
Flow Down Provisions...........................................................................................................................................................................................................8
4.04
Disaster Declarations..............................................................................................................................................................8
ARTICLEV - DSHS LEGACY PROVISIONS.......................................................................................................................................................................................................................................9
5.01
Notice of a Contract Action..................................................................................................................................................................................................9
5.02
Notice of IRS or TWCInsolvency........................................................................................................................................................................................9
5.03
Notice of Criminal Activity and Disciplinary Actions.......................................................................................................................................................10
5.04
Child Abuse Reporting Requirement................................................................................................................................................................................10
5.05
Abuse, Neglect, Exploitation...............................................................................................................................................................................................10
5.06
Notification of Change of Contact Person or Key Personnel............................................................................................................................................10
5.07
Notification of Organization Change..................................................................................................................................................................................11
5.08
Significant Incidents............................................................................................................................................................................................................11
5.09
Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees.............................................................................................11
5.10
Direct Operations.................................................................................................................................................................................................................12
5.11
Interim Extension Amendment............................................................................................................................................................................................12
5.12
Medical Records Retention.................................................................................................................................................................................................12
5.13
Grantee's Certification of Meeting or Exceeding Tobacco -Free Workplace Policy Minimum Standards
.................................................................... 13
5.14
Electronic and Information Resources Accessibility and Security Standards.................................................................................................................
13
5.15
Equipment, Supplies and Property ....................................................................................................................................................................................15
5.16
Clinical Management for Behavioral Health Services (CMBHS) System........................................................................................................................
22
a.
Resources.............................................................................................................................................................................................................................22
b.
Security Administrator and Authorized Users..................................................................................................................................................................
22
C.
Security Violations and Accounts Updates........................................................................................................................................................................
23
d.
Electronic Transfer ofInformation....................................................................................................................................................................................
23
e.
Access...................................................................................................................................................................................................................................23
ECustomer
Support and Training........................................................................................................................................................................................
24
5.17
HIV/AIDS Model Workplace Guidelines.........................................................................................................................................................................
24
5.18
Medicaid Enrollment..........................................................................................................................................................................................................
24
5.19
Billing for Treatment and Payment Restrictions..............................................................................................................................................................
24
5.20
Persons on Probation or Parole..........................................................................................................................................................................................
24
5.21
Substance Abuse Block Grant (SABG) Requirements..................................................................................................................................................... 25
5.22
Match and Program Income................................................................................................................................................................................................25
5.23
Contract Reconciliation......................................................................................................................................................................................................26
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ATTACHMENT E (REVISED AUGUST 2021)
The terms and conditions of these Special Conditions are incorporated into and made a part of the
Contract. Capitalized items used in these Special Conditions and not otherwise defined have the
meanings assigned to them in HHSC Uniform Terms and Conditions - Grant, Version 2.16.1.
If any provision contained in this HHSC Special Conditions is in conflict with, or inconsistent with
the HHSC Uniform Terms and Conditions (UTC), the provision contained in the UTCs shall
prevail. If any provision contained in this HHSC Special Conditions is in conflict with, or
inconsistent with the Substance Use Disorder Utilization Management Guidelines (UM), the
provision contained in the UM shall prevail.
ARTICLE I - SPECIAL DEFINITIONS
"Conflict of Interest" means a set of facts or circumstances, a relationship, or other situation
under which Grantee, a Subcontractor, or individual has past, present, or currently planned
personal or financial activities or interests that either directly or indirectly: (1) impairs or
diminishes the Grantee's, or Subcontractor's ability to render impartial or objective assistance or
advice to the HHSC; or (2) provides the Grantee or Subcontractor an unfair competitive advantage
in future HHSC procurements.
"Grantee Agents" means Grantee's representatives, employees, officers, as well as any contractor
or subgrantee's employees, contractors, officers, principals and agents.
"Data Use Agreement" means the agreement incorporated into the Contract to facilitate creation,
receipt, maintenance, use, disclosure or access to Confidential Information.
"Item of Noncompliance" means Grantee's acts or omissions that: (1) violate a provision of the
Contract; (2) fail to ensure adequate performance of the Project; (3) represent a failure of Grantee
to be responsive to a request of HHSC relating to the Project under the Contract.
"Minor Administrative Change" refers to a change to the Contract that does not increase the
fees or term and done in accordance with Section 4.01 of these Special Conditions.
"Other Confidential System Information" means any communication or record (whether oral,
written, electronically stored or transmitted, or in any other form) provided to or made available to
Grantee; or that Grantee may create, receive, maintain, use, disclose or have access to on behalf of
HHSC or through performance of the Project, which is not designated as Confidential Information
in a Data Use Agreement.
"State" means the State of Texas and, unless otherwise indicated or appropriate, will be interpreted
to mean HHSC and other agencies of the State of Texas that may participate in the administration
of HHSC Programs; provided, however, that no provision will be interpreted to include any entity
other than HHSC as the contracting agency.
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ATTACHMENT E (REVISED AUGUST 2021)
"Software" means all operating system and applications software used or created by Grantee to
perform the work under the Contract.
"Third Party Software" refers to software programs or plug -ins developed by companies or
individuals other than Grantee which are used in performance of the Project. It does not include
items which are ancillary to the performance of the Project, such as internal systems of Grantee
which were deployed by Grantee prior to the Contract and not procured to perform the Project.
"UTC" means the HHSC Uniform Terms and Conditions - Grant, Version 2.16.1.
ARTICLE 11 - GRANTEES PERSONNEL AND SUBCONTRACTORS
2.01 Qualifications
Grantee agrees to maintain the organizational and administrative capacity and capabilities
to carry out all duties and responsibilities under the Contract. Grantee Agents assigned to
perform the duties and responsibilities under the Contract must be and remain properly
trained and qualified for the functions they are to perform. Notwithstanding the transferor
turnover of personnel, Grantee remains obligated to perform all duties and responsibilities
under the Contract without degradation and in strict accordance with the terms of the
Contract.
2.02 Conduct and Removal
While performing the Project, 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.
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.
Any person employed by Grantee shall, at the written request of HHSC, and within
HHSC's sole discretion, be removed immediately by Grantee from work relating to the
Contract.
2.03 Contracts with Subcontractors
a. Grantee may enter into contracts with subcontractors unless restricted or otherwise
prohibited in the Contract.
b. Grantees are prohibited from subcontracting with for -profit organizations under this
Contract.
c. Prior to entering into a subcontract agreement equaling or exceeding $100,000, Grantee will
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ATTACHMENT E (REVISED AUGUST 2021)
obtain written approval from the System Agency.
d. Grantee will obtain written approval from System Agency before modifying any
subcontract agreement to cause the agreement to exceed $100,000.
e. Grantee will establish written policies and procedures for competitive procurement and
monitoring of subcontracts and will develop a subcontracting monitoringplan.
f. Grantee shall monitor subcontractors for both financial and programmatic performance
and will maintain pertinent records.
g. Grantee shall submit quarterly monitoring reports to the System Agency in a format
determined by the System Agency.
h. Grantee shall ensure that subcontracts are fully aware of the requirements placed upon
them by state/federal statutes, rules, and regulations and by the provisions of this
Contract.
i. Grantee shall ensure all subcontracts, must be in writing and include the following:
1. Name and address of all parties and the subcontractor's Vendor Identification Number
(VIN) or Employee Identification Number (EIN);
2. Detailed description of the services to be provided;
3. Measurable method and rate of payment and total not -to -exceed amount of the contract;
4. Clearly defined and executable termination clause; and
5. Beginning and ending dates that coincide with the dates of the Contract.
j. Grantee shall ensure and be responsible for the performance of the subcontractor(s).
k. Grantee shall not contract with a subcontractor, at any tier, that is debarred, suspended, or
excluded from or ineligible for participation in federal assistance programs or if the
subcontractor would be otherwise ineligible to abide by the terms of this Contract.
2.04 Status of Subcontractors
Grantees will require that all subcontractors certify that they are/have:
a. In good standing with all state and federal funding and regulatory agencies;
b. Not currently debarred, suspended or otherwise excluded from participation in federal
grant programs;
c. Not delinquent on any repayment agreements;
d. Not had a required license or certification revoked;
e. Not ineligible under the terms of the Contract; and
f. Not had a System Agency contract terminated for cause.
2.05 Incorporation of Terms in Subcontracts
a. Grantee will include in all its contracts with subrecipient subcontractors and solicitations
for subrecipient subcontracts, without modification (except as required to make applicable
to the subcontract):
1. Statement of Work
2. Uniform Terms and Conditions
3. Special Conditions
4. Federal Assurances and Certifications
5. Non -Exclusive List of Applicable Laws
6. A provision granting to the System Agency, State Auditor's Office (SAO), Office of
Inspector General (OIG), and the Comptroller General of the United States, and any of
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ATTACHMENT E (REVISED AUGUST 2021)
their representatives, the right of access to inspect the work and the premises on which
any work is performed, and the right to audit the subcontractor.
b. Grantee will ensure that all written agreements with subcontractors incorporate the terms
of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities
under this Contract applicable to the services provided or activities conducted by a
subcontractor are passed down to that subcontractor.
c. No provision of this Contract creates privity of contract between the System Agency and
any subcontractor of Grantee.
2.06 Notice of Legal Matter or Litigation
Grantee will send notice to the Substance Use Disorder (SUD) email box,
SubstanceAbuse.ContractsLac hhsc.state.tx.us of any litigation or legal matter related to or
affecting this Contract within seven calendar days of becoming aware of the litigation or
legal matter.
2.07 Unilateral Amendment
The System Agency reserves the right to amend this Contract through execution of a
unilateral amendment signed by the contract manager for this Contract and provided to the
Grantee with ten days notice prior to execution of the amendment under the following
circumstances to:
a. To comply with a court order or judgment
b. Incorporate new or revised federal or state laws, regulations, rules or policies
c. Correct an obvious clerical error in this Contract;
d. Change the name of the Contractor in order to reflect the Contractor's name as
recorded by the Texas Secretary of State.
e. To correct the name, mailing address, or contact information for persons named in
the Contract;
f. To update service descriptions or rates (if applicable);
ARTICLE III - CONFIDENTIALITY
3.01 Confidential System Information
HHSC prohibits the unauthorized disclosure of Other Confidential Information. Grantee
and all Grantee Agents will not disclose or use any Other Confidential Information in any
manner except as is necessary for the Project or the proper discharge of obligations and
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ATTACHMENT E (REVISED AUGUST 2021)
securing of rights under the Contract. Grantee will have a system in effect to protect Other
Confidential Information. Any disclosure or transfer of Other Confidential Informationby
Grantee, including information requested to do so by HHSC, will be in accordance with
the Contract. If Grantee receives a request for Other Confidential Information, Grantee will
immediately notify HHSC of the request, and will make reasonable efforts to protect the
Other Confidential Information from disclosure until further instructed by the HHSC.
Grantee will notify HHSC promptly of any unauthorized possession, use, knowledge, or
attempt thereof, of any Other Confidential Information by any person or entity that may
become known to Grantee. Grantee will furnish to HHSC all known details of the
unauthorized possession, use, or knowledge, or attempt thereof, and use reasonable efforts
to assist HHSC in investigating or preventing the reoccurrence of any unauthorized
possession, use, or knowledge, or attempt thereof, of Other Confidential Information.
HHSC will have the right to recover from Grantee all damages and liabilities caused by or
arising from Grantee or Grantee Agents' failure to protect HHSC's Other Confidential
Information as required by this section.
IN COORDINATION WITH THE INDEMNITY PROVISIONS
CONTAINED IN THE UTC, GRANTEE WILL INDEMNIFY AND HOLD
HARMLESS HHSC FROM ALL DAMAGES, COSTS, LIABILITIES, AND
EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEYS' FEES AND COSTS) CAUSED BY OR ARISING FROM
GRANTEE OR GRANTEE AGENTS FAILURE TO PROTECT OTHER
CONFIDENTIAL INFORMATION. GRANTEE WILL FULFILL THIS
PROVISION WITH COUNSEL APPROVED BY HHSC.
ARTICLE IV - MISCELLANEOUS PROVISIONS
4.01 Minor Administrative Changes
System Agency is authorized to provide written approval of mutually agreed upon Minor
Administrative Changes to the Project or the Contract that do not increase the fees or term.
Upon approval of a Minor Administrative Change, HHSC and Grantee will maintain
written notice that the change has been accepted in their Contract files.
4.02 Conflicts of Interest
Grantee warrants to the best of its knowledge and belief, except to the extent already
disclosed to HHSC, there are no facts or circumstances that could give rise to a Conflict of
Interest and further that Grantee or Grantee Agents have no interest and will not acquire
any direct or indirect interest that would conflict in any manner or degree with their
performance under the Contract. Grantee will, and require Grantee Agents, to establish
safeguards to prohibit Contract Agents from using their positions for a purpose that
constitutes or presents the appearance of personal or Organizational Conflict of Interest, or
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ATTACHMENT E (REVISED AUGUST 2021)
for personal gain. Grantee and Grantee Agents will operate with complete independence
and objectivity without actual, potential or apparent Conflict of Interest with respect to the
activities conducted under the Contract.
Grantee agrees that, if after Grantee's execution of the Contract, Grantee discovers or is
made aware of a Conflict of Interest, Grantee will immediately and fully disclose such
interest in writing to HHSC. In addition, Grantee will promptly and fully disclose any
relationship that might be perceived or represented as a conflict after its discovery by
Grantee or by HHSC as a potential conflict. HHSC reserves the right to make a final
determination regarding the existence of Conflicts of Interest, and Grantee agrees to abide
by HHSC's decision.
If HHSC determines that Grantee was aware of a Conflict of Interest and did not disclose
the conflict to HHSC, such nondisclosure will be considered a material breach of the
Contract. Furthermore, such breach may be submitted to the Office of the Attorney
General, Texas
4.03 Flow Down Provisions
Grantee must include any applicable provisions of the Contract in all subcontracts based
on the scope and magnitude of work to be performed by such Subcontractor. Any necessary
terms will be modified appropriately to preserve the State's rights under the Contract.
4.04 Disaster Declarations
In the event of a local, state, or federal emergency, including natural, pandemics, man- made, criminal,
terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster
declared by the appropriate federal official, Grantee may be called upon to assist the System Agency in
providing the following services:
a. Expand, increase, or modify service delivery in impacted areas;
b. Community evacuation;
C. Health and medical assistance;
d. Assessment of health and medical needs;
e. Health surveillance;
f. Medical care personnel;
g. Health and medical equipment and supplies;
h. Patient evacuation;
i. In -hospital care and hospital facility status;
j. Food, drug and medical device safety;
k. Worker health and safety;
1. Mental health and substance abuse;
in. Public health information;
n. Vector control and veterinary services; and
o. Victim identification and mortuary services.
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Disaster related services may not commence, or expenditures incurred, until System Agency provides
Grantee with a written Notification to Proceed. The contract may be amended to incorporate additional
funds and performance or reporting requirements to support disaster services in the event services must
be expanded, increased, or modified.
ARTICLE V - LEGACY PROVISIONS
5.01 Notice of a Contract Action
Grantee will send notice to the Substance Use Disorder (SUD) email box,
SubstanceAbuse.Contracts hhsc.state.tx.us if Grantee has had any contract suspended or
terminated for cause by any local, state or federal department or agency or nonprofit entity
within five business days of becoming aware of the action and include the following:
a. Reason for such action;
b. Name and contact information of the local, state or federal department or agency or
entity;
c. Date of the contract;
d. Date of suspension or termination; and
e. Contract or case reference number.
5.02 Notice of IRS or TWC Insolvency
Grantee will send notice to the SUD email box,
SubstanceAbuse. Contracts � $hhsc.state.tx.us, of its insolvency, incapacity or outstanding
unpaid obligations of Grantee to the Internal Revenue Service (IRS), Texas Workforce
Commission (TWC), the State of Texas, or any agency or political subdivision of the State
of Texas within five days of the date of Grantee's becoming aware of such.
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5.03 Notice of Criminal Activity and Disciplinary Actions
a. Grantee shall immediately send notice to the SUD email box,
SubstanceAbuse.Contracts@hhsc. state. tx.us when the Grantee learns of or has any
reason to believe it or any person with ownership or controlling interest in the
organization/business, or their agent, employee, subcontractor or volunteer that is
providing services under this Contract has:
1. Engaged in any activity that could constitute a criminal offense equal to or greater
than a Class A misdemeanor or grounds for disciplinary action by a state or federal
regulatory authority; or
2. 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 or felony sex crime.
b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in
any activity subject to reporting under this section to perform direct client services or
have direct contact with clients, unless otherwise directed in writing by the System
Agency.
5.04 Child Abuse Reporting Requirement
Grantee shall:
a. 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. develop, implement and enforce a written policy that includes at a minimum the System
Agency's Child Abuse Screening, Documenting, and Reporting Policy for
Grantees/Providers and train all staff on reporting requirements.
c. use the System Agency Child Abuse Reporting Form located at
httnsaJwww.dfps.state.tx.us Contact_Us./report abuse.asp as required by the
System Agency.
d. retain reporting documentation on site and make it available for inspection bythe System
Agency.
5.05 Abuse, Neglect, Exploitation
Grantee shall;
a. take all steps necessary, to protect the health, safety and welfare of its clients and
participants.
b. develop and implement written policies and procedures for abuse, neglect and
exploitation.
c. notify appropriate authorities of any allegations of abuse, neglect, or exploitation as
required by 25 TAC § 448.703.
5.06 Grantee's Notification of Change of Contact Person or Key Personnel
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Within 10 business days, Grantee will submit notice to the SUD email box,
SubstanceAbuse.Contracts hhsc.state.tx.us and
Substance_ Use Disorder(@hhsc.state.tx.us of any change in the Grantee's Contact
Persons or Key Personnel.
5.07 Notice of Organizational Change
Grantee will submit notice to the SUD email box,
SubstanceAbuse. Contract�a)hhsc.state.tx.us and
Substance_ Use Disorder _ahhsc.state.tx.us within 10 business days of any change to
Grantee's name, contact information, organizational structure, such as merger,
acquisition, or change in form of business, legal standing, or authority to do business in
Texas.
5.08 Significant Incidents
In addition to notifying the appropriate authorities, Grantee will submit notice to the SUD
email box, SubstanceAbuse.ContractsCa),hhsc.state.tx.us and
Substance_ Use Disorder6a01isc.state.tx.us 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 calendar
days of discovery.
5.09 Responsibilities and Restrictions Concerning Governing Body, Officers and
Employees
Grantee and its governing bodyshall:
a. Bear full responsibility for the integrity of the fiscal and programmatic management of
the organization.
b. Be accountable for all funds and materials received from the System Agency. The
responsibility of Grantee's governing body will also include accountability for
compliance with the System Agency Rules, policies, procedures, and applicable federal
and state laws and regulations; and correction of fiscal and program deficiencies
identified through self -evaluation and the System Agency's monitoring processes.
c. Ensure separation of powers, duties, and functions of governing body members and staff.
No member of Grantee's governing body, or officer or employee of Grantee will vote
for, confirm or act to influence the employment, compensation or change in status of
any person related within the second degree of affinity or the third degree of
consanguinity (as defined in Texas Government Code Chapter 573) to the member of
the governing body or the officer or any employee authorized to employ or supervise
such person. This prohibition does not prohibit the continued employment of a person
who has been continuously employed for a period of two years prior to the election,
appointment or employment of the officer, employee, or governing body member
related to such person in the prohibited degree. These restrictions also apply to the
governing body, officers, and employees of Grantee's subcontractors.
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5.10 Direct Operation
System Agency may temporarily assume operations of a Grantee's program or programs
funded under this Contract when the continued operation of the program by Grantee puts
at risk, the health or safety of clients and/or participants served by Grantee.
5.11 Interim Extension Amendment
a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract
can be extended as provided under this Section.
b. The System Agency will provide written notice of interim extension amendment to the
Grantee under one of the following circumstances:
1. Continue provision of services in response to a disaster declared by the governor;
or
2. To ensure that services to clients continue without interruption.
c. The System Agency will provide written notice of the interim extension amendment
that specifies the reason and length of time for the extension.
d. Grantee will provide and invoice for services in the same manner as stated in the
Contract.
e. An interim extension under Section (b)(1) above will extend the term of the contract
not longer than 30 days after governor's disaster declaration is declared unless the
Parties agree to a shorter period of time.
f. An interim extension under Section (b)(2) above will be a one-time extension for time
determined by the System Agency.
5.12 Medical Records Retention
Grantee will:
a. Retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes,
rules and regulations governing medical information.
b. Retain and preserve records in accordance with applicable state and federal statutes,
rules and regulations.
c. Maintain all non -financial records that are generated or collected by Grantee under the
provisions of this Contract for a period of at least seven years after the termination of
this Contract.
d. Retain the records in accordance with the federal retention period, if the federal retention
period for services funded through Medicaid is more than seven years
e. Retain all records pertaining to this Contract that are the subject of litigation or an audit
until the litigation has ended or all questions pertaining to the audit areresolved.
f. Include this provision concerning records retention in any subcontract it awards.
g. Ensure that records relating to this Contract are securely stored and are accessible by the
System Agency upon System Agency's request for at least seven years from the date Grantee
ceases business or from the date this Contract terminates, whichever is sooner.
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h. Provide and update as necessary, the name and address of the party responsible for storage
of records to the SUD emailbox, SubstanceAbuse.Contracts(a hhsc.state.tx.us.
5.13 Grantee's Certification of Meeting or Exceeding Tobacco -Free Workplace Policy
Minimum Standards
Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that
meets or exceeds all of the following minimum standards of:
a. 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;
b. 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
Contract 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;
c. Applying to all employees and visitors in this designated area; and
d. Providing for or referring its employees to tobacco use cessation services.
If Grantee cannot meet these minimum standards, it must obtain a waiver from the System
Agency.
5.14 Electronic and Information Resources Accessibility and Security Standards
a. Applicability:
The following Electronic and Information Resources (EIR) requirements apply to the
Contract because the Grantee performs services that include EIR that the System
Agency's employees are required or permitted to access or members of the public are
required or permitted to access.
This Section does not apply to incidental uses of EIR in the performance of the
Agreement, unless the Parties agree that the EIR will become property of the State of
Texas or will be used by HHSC's clients or recipients after completion of the
Agreement.
Nothing in this section is intended to prescribe the use of particular designs or
technologies or to prevent the use of alternative technologies, provided they result in
substantially equivalent or greater access to and use of a Product.
b. Definitions:
"Accessibility Standards" means accessibility standards and specifications for Texas
agency and institution of higher education websites and EIR set forth in 1 TAC Chapter
206 and/or Chapter 213.
"Electronic and Information Resources" means information resources, including
information resources technologies, and any equipment or interconnected system of
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equipment that is used in the creation, conversion, duplication, or delivery of data or
information. The term includes telephones and other telecommunications products,
information kiosks, transaction machines, Internet websites, multimedia resources, and
office equipment, including copy machines and fax machines.
"Electronic and Information Resources Accessibility Standards" means the
accessibility standards for electronic and information resources contained in 1 Texas
Administrative Code Chapter 213.
"Product" means information resources technology that is, or is related to EIR.
"Web Site Accessibility Standards/Specifications" means standards contained in
Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex.
Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas
Department of Information Resources, the System Agency must procure Products and
services that comply with the Accessibility Standards when those Products are available
in the commercial marketplace or when those Products are developed in response to a
procurement solicitation. Accordingly, Grantee must provide electronic and
information resources and associated Product documentation and technical support that
comply with the Accessibility Standards.
c. Evaluation, Testing, and Monitoring
1. The System Agency may review, test, evaluate and monitor Grantee's Products and
services, as well as associated documentation and technical support for compliance
with the Accessibility Standards. Review, testing, evaluation and monitoring may
be conducted before and after the award of a contract. Testing and monitoring may
include user acceptance testing. Neither the review, testing (including acceptance
testing), evaluation or monitoring of any Product or service, nor the absence of
review, testing, evaluation or monitoring, will result in a waiver of the State's right
to contest the Grantee's assertion of compliance with the Accessibility Standards.
2. Grantee agrees to cooperate fully and provide the System Agency and its
representatives timely access to Products, records, and other items and information
needed to conduct such review, evaluation, testing, and monitoring.
d. Representations and Warranties
1. Grantee represents and warrants that:
i. As of the Effective Date of the Contract, the Products and associated
documentation and technical support comply with the Accessibility Standards
as they exist at the time of entering the Agreement, unless and to the extent the
Parties otherwise expressly agree in writing; and
ii. If the Products will be in the custodyof the state or a System Agency's client or
recipient after the Contract expiration or termination, the Products will continue
to comply with Accessibility Standards after the expiration or termination of the
Contract Term, unless the System Agency or its clients or recipients, as
applicable, use the Products in a manner that renders it noncompliant.
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In the event Grantee becomes aware, or is notified that the Product or service and
associated documentation and technical support do not comply with the
Accessibility Standards, Grantee represents and warrants that it will, in a timely
manner and at no cost to the System Agency, perform all necessary steps to satisfy
the Accessibility Standards, including remediation, replacement, and upgrading of
the Product or service, or providing a suitable substitute.
i. Grantee acknowledges and agrees that these representations and warranties are
essential inducements on which the System Agency relies in awarding this
Contract.
ii. Grantee's representations and warranties under this subsection will survive the
termination or expiration of the Contract and will remain in full force and effect
throughout the useful life of the Product.
e. Remedies
1. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has
cause of action against the System Agency for a claim of a failure to comply with
Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of
Information Resources.
2. In the event of a breach of Grantee's representations and warranties, Grantee will
be liable for direct, consequential, indirect, special, or liquidated damages and any
other remedies to which the System Agency may be entitled under this Contract and
other applicable law. This remedy is cumulative of any other remedies to which the
System Agency may be entitled under this Contract and other applicable law.
5.15 Equipment, Supplies and Property
a. Equipment.
Equipment is defined as tangible personal property having a useful lifetime of more
than one year and a per -unit acquisition cost that exceeds $5,000 or more.
Grantee will:
1. inventory all equipment and report the inventory on the Grantees Property Inventory
Form.
initiate the purchase of all equipment, approved in writing by the System Agency, in
the first quarter of the Contract or Contract term, as applicable. Failure to initiate
purchase of equipment may result in the loss of availability of funds for the purchase
of equipment. Requests to purchase previously approved equipment after the first
quarter in the Contract must be submitted to the SUD email box,
SubstanceAbuse.Contracts(a)hhsc.state.tx.us.
h. Equipment List.
1. All items of equipment to be purchased with funds under this Contract must be
itemized in Grantee's equipment list as finally approved by the System Agency in
the executed Contract.
The equipment list must include:
i. Description of the property;
ii. Serial number or other identification number;
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iii. Source of funding for the property (including the Federal Assistance Identification
Number);
iv. Who holds title,
v. Acquisition date and cost of the property;
vi. Percentage of Federal participation in the project costs for the Federal award under
which the property was acquired;
vii. Location use and condition of the property; and
viii.Any ultimate disposition data including the date of disposal and sale price of
property.
2. Any changes to the approved equipment list in this Contract must be approved in writing
by the System Agency prior to the purchase of equipment.
3. Grantee will submit to the assigned contract manager, a written description including
complete product specifications and need justification prior to purchasing any item of
unapproved equipment. If approved, the System Agency will acknowledge its approval
by means of a written amendment.
c. Supplies.
1. Supplies are defined as consumable items necessary to carry out the services under
this Contract including medical supplies, drugs, janitorial supplies, officesupplies,
patient educational supplies, software, and any items of tangible personal property
other than those defined as equipment above.
2. Tangible personal property includes controlled assets, including firearms,
regardless of the acquisition cost, and the following assets with an acquisition cost
of $500 or more, but less than $5,000, which includes desktop and laptop computers
(including notebooks, tablets and similar devices), non -portable printers and
copiers, emergency management equipment, communication devices and systems,
medical and laboratory equipment, and media equipment are also considered
Supplies.
3. Prior approval by the System Agency of the purchase of Controlled Assets is not
required, but such purchases must be reported on the Grantees Property Inventory
Form.
d. Property Inventory and Protection of Assets.
Grantee shall:
1. maintain an inventory of equipment, supplies defined as controlled assets, and
property described in this Contract and submit to the assigned contract manager,
upon request.
2. maintain, repair, and protect assets under this Contract to assure their full
availability and usefulness.
3. if Grantee is indemnified, reimbursed, or otherwise compensated for any loss of,
destruction of, or damage to the assets provided or obtained under this Contract,
use the proceeds to repair or replace those assets.
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e. Assets as Collateral Prohibited.
Grantees will not encumber equipment purchased with System Agency funds without
prior written approval from the System Agency.
f. Bankruptcy.
1. In the event of bankruptcy, Grantee will;
i. sever the System Agency property, equipment, and supplies in possession of
Grantee from the bankruptcy, and title must revert to the System Agency.
ii. when directed by the System Agency, return all such property, equipment and
supplies to the System Agency.
iii. ensure that its subcontracts, if any, contain a specific provision requiring that in
the event of the subcontractor's bankruptcy, the subcontractor must sever the
System Agency property, equipment, and supplies in possession of the
subcontractor from the bankruptcy, and title must revert to the System Agency,
who may require that the property, equipment and supplies be returned to the
System Agency.
g. Title to Property
At the expiration or termination of this Contact for any reason, title to any
remaining equipment and supplies purchased with funds under this Contract reverts
to System Agency. Title may be transferred to any other party designated by System
Agency. The System Agency may, at its option and to the extent allowed by law,
transfer the reversionary interest to such property to Grantee.
h. Disposition of Property
1. Grantee will follow the procedures in the American Hospital Association's (AHA)
"Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time
during or after the Contract term, of equipment purchased with the System Agency
funds, except when federal or state statutory requirements supersede or when the
equipment requires licensure or registration by the state, or when the acquisition
price of the equipment is equal to or greater than $5,000.
2. All other equipment not listed in the AHA reference (other than equipment that
requires licensure or registration or that has an acquisition cost equal to or greater
than $5,000) will be controlled by the requirements of UGMS.
3. If, prior to the end of the useful life, any item of equipment is no longer needed to
perform services under this Contract, or becomes inoperable, or if the equipment
requires licensure or registration or had an acquisition price equal to or greater than
$5,000, Grantee will request disposition approval and instructions in writing from
the contract manager assigned to this Contract.
4. After an item reaches the end of its useful life, Grantee will ensure that disposition
of any equipment is in accordance with Generally Accepted Accounting Principles,
and any applicable federal guidance.
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i. Closeout of Equipment
1. At the end of the term of a Contract that has no additional renewals or that will not
be renewed (Closeout), or when a Contract is otherwise terminated, Grantee will
submit to the SUD email box, SubstanceAbuse.Contracts(u7hhsc.state.tx.us an
inventory of equipment purchased with System Agency funds and request
disposition instructions for such equipment.
All equipment purchased with System Agency funds must be secured by Grantee
at the time of Closeout, or termination of this Contract, and must be disposed of
according to the System Agency's disposition instructions, which may include
return of the equipment to System Agency or transfer of possession to another
System Agency Grantee, at Grantee's expense.
j. Insurance.
In addition to the Insurance provision of the Uniform Terms and Conditions,
Grantee shall:
1. Maintain insurance or other means of repairing or replacing assets purchased with
System Agency funds.
2. Repair or replace with comparable equipment any such equipment not covered by
insurance that is lost, stolen, damaged or destroyed. If any insured equipment
purchased with System Agency funds is lost, stolen, damaged or destroyed.
3. Notify the contract manager assigned to this Contract within 5 business days of
learning of the loss, to obtain instructions whether to submit and pursue an
insurance claim.
4. Use any insurance proceeds to repair the equipment or replace the equipment with
comparable equipment or remit the insurance proceeds to System Agency.
k. Travel
The System Agency's travel policy will apply to all travel reimbursement if Grantee
does not have a formal Travel Policy. If Grantee has a formal Travel Policy,
Grantee shall:
1. Submit Grantee's formal travel policy to be approved by the assigned
contract manager.
2. Ensure travel policy specifies reimbursement limits for meals, lodging, and
the mileage rate.
3. Ensure all travel costs are reasonable and necessary.
4. Ensure all out-of-state travel is approved by the assigned contract manager prior
to travel.
5. Submit all out-of-state travel requests to the SUD email box,-
SubstanceAbuse.Contracts@hhsc.state.tx.us, at least, thirty 30 days prior to
travel.
L Management and Control Systems
Grantee will:
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1. Maintain an appropriate contract administration system to ensure that all terms,
conditions, and specifications are met during the term of the contract through the
completion of the closeout procedures.
2. Develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of Uniform Statewide Accounting System
(UGMS). Those requirements and procedures include, at a minimum, the
following:
i. Financial planning, including the development of budgets that adequately reflect
all functions and resources necessary to carry out authorized activities and the
adequate determination of costs;
ii. Financial management systems that include accurate accounting records that are
accessible and identify the source and application of funds provided under each
Contract of this Contract, and original source documentation substantiating that
costs are specifically and solely allocable to a Contract and its Contract and are
traceable from the transaction to the general ledger;
iii. Effective internal and budgetary controls;
iv. Comparison of actual costs to budget; determination of reasonableness,
allowableness, and allocability of costs;
v. Timely and appropriate audits and resolution of any findings;
vi. Billing and collection policies; and
vii. Mechanism capable of billing and making reasonable efforts to collect from
clients and third parties.
m. Property Acquisitions
System Agency funds must not be used to purchase buildings or real property. Any
costs related to the initial acquisition of the buildings or real property are not allowable.
n. Condition Precedent to Requesting Payment
Grantee will disburse program income, rebates, refunds, contract settlements, audit
recoveries, and interest earned on such funds before requesting cash payments
including any advance payments from the System Agency.
o. Overtime Compensation.
1. Except as provided in this section, Grantee will be responsible for any obligations
of premium overtime pay due employees. Premium overtime pay is defined as any
compensation paid to an individual in addition to the employee's normal rate of pay
for hours worked in excess of normal working hours.
2. Funds provided under this Contract may be used to pay the premium portion of
overtime only under the following conditions:
i. With the prior written approval of System Agency;
ii. Temporarily, in the case of an emergency or an occasional operational bottleneck;
iii. When employees are performing indirect functions, such as administration,
maintenance, or accounting;
iv. In performance of tests, laboratory procedures, or similar operations that are
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continuous in nature and cannot reasonably be interrupted or otherwise completed;
or
v. When lower overall cost to System Agency will result.
p. Fidelity Bond
For the benefit of System Agency, Grantee is required to carry a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up to
$100,000 that covers each employee of Grantee handling funds under this Contract,
including person(s) authorizing payment of such funds.
1. The fidelity bond or insurance must provide for indemnification of losses
occasioned by any fraudulent or dishonest act or acts committed by any of Grantee's
employees, either individually or in concert with others, and/or failure of Grantee
or any of its employees to perform faithfully his/her duties or to account properly
for all monies and property received by virtue of his/her position or employment.
The bond or insurance acquired under this section must include coverage for third
party property.
2. Grantee will notify, and obtain prior approval from, the System Agency Contract
Oversight and Support Section before settling a claim on the fidelity bond or
insurance.
q. Liability Coverage.
For the benefit of System Agency, Grantee will at all times maintain liability insurance
coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability
coverage" or similar coverage for all persons in management or governing positions
within Grantee's organization or with management or governing authority over
Grantee's organization (collectively "responsible persons").
Grantee will:
1. maintain copies of liability policies on site for inspection by System Agency and
will submit copies of policies to System Agency upon request.
2. maintain liability insurance coverage in an amount not less than the total value of
this Contract and that is sufficient to protect the interests of System Agency in the
event an actionable act or omission by a responsible person damages System
Agency's interests.
3. notify, and obtain prior approval from, the System Agency Contract Oversightand
Support Section before settling a claim on the insurance.
r. Quality Management.
Grantee shall:
1. Comply with quality management requirements as directed by the System Agency.
2. Develop and implement a Quality Management Plan (QMP) that conforms with 25
TAC § 448.504 and make the QMP available to System Agencyupon request. The
QMP must be developed no later than the end of the first quarter of the Contract
term.
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3. Update and revise the QMP each biennium or sooner, if necessary. Grantee's
governing body will review and approve the initial QMP, within the first quarter of
the Contract term, and each updated and revised QMP thereafter. The QMP must
describe Grantee's methods to measure, assess, and improve -
i. Implementation of evidence -based practices, programs and research -based
approaches to service delivery;
ii. Client/participant satisfaction with the services provided by Grantee;
iii. Service capacity and access to services;
iv. Client/participant continuum of care; and
v. Accuracy of data reported to the state.
4. Participate in continuous quality improvement (CQI) activities as defined and
scheduled by the state including, but not limited to data verification, performing
self -reviews; submitting self -review results and supporting documentation for the
state's desk reviews; and participating in the state's onsite or desk reviews.
5. Submit plan of improvement or corrective action plan and supporting
documentation as requested by System Agency.
6. Participate in and actively pursue CQI activities that support performance and
outcomes improvement.
7. Respond to consultation recommendations by System Agency, which may include,
but are not limited to the following:
i. Staff training;
ii. Self -monitoring activities guided by System Agency, including use of quality
management tools to self -identify compliance issues; and
iii. Monitoring of performance reports in the System Agency electronic clinical
management system.
s. Abuse, Neglect, Exploitation.
Grantee shall:
1. Take all steps necessary, to protect the health, safety and welfare of its clients and
participants.
2. Develop and implement written policies and procedures for abuse, neglect and
exploitation.
3. Notify appropriate authorities of any allegations of abuse, neglect, or exploitation
as required by 25 TAC § 448.703.
t. Persons on Probation or Parole.
Grantee will:
1. Develop and implement written policies and procedures that address the delivery of
services by employees, subcontractors, or volunteers on probation or parole.
2. Notify the contract manager assigned to the Contract immediately of any of its
employees, volunteers or subcontractors who are on parole or probation if the
employee, volunteer, or subcontractor provides or will provide direct client or
participant services or who has or may have direct contact with clients or
participants.
3. Maintain copies of all notices required under this section for System Agency
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review.
u. Personnel Requirements and Documentation.
Grantee shall:
1. Maintain current personnel documentation on each employee. All documents must
be factual and accurate. Health -related information must be stored separately with
restricted access as appropriate under Tex. Gov. Code §552.102. Training records
may be stored separately from the main personnel file but must be easily accessible
upon request. Required documentation includes the following, as applicable:
i. A copy of the current job description signed by the employee;
ii. Application or resume with documentation of required qualifications and
verification of required credentials;
iii. Verification of work experience;
iv. Annual performance evaluations;
v. Personnel data that includes date hired, rate of pay, and documentation of all
pay increases and bonuses;
vi. Documentation of appropriate screening and/or background checks, to include
probation or parole documentation;
vii. Signed documentation of initial and other required training; and
viii. Records of any disciplinary actions.
2. Document authentication must include signature, credentials when applicable, and
date. If the document relates to past activity, the date of the activity must also be
recorded. Documentation must be permanent and legible. When it is necessary to
correct a required document, the error must be marked through with a single line,
dated, and initialed by the writer.
5.16 Clinical Management for Behavioral Health Services (CMBHS) System
The CMBHS is the official record of documentation by System Agency.
Grantee shall:
1. Request access to CMBHS via the CMBHS Helpline at (866) 806-7806.
2. Use the CMBHS time frames specified by System Agency.
3. Use System Agency -specified functionality of the CMBHS in its entirety.
4. Submit all bills and reports to System Agency through the CMBHS,
unless otherwise instructed.
a. Resources
Grantee shall ensure that Grantee's employees have appropriate Internet access and an
adequate number of computers of sufficient capabilities to use the CMBHS.
Equipment purchased with System Agency funds must be inventoried, maintained in
working order, and secured.
b. Security Administrator and Authorized Users
Grantee shall:
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DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
1. Designate a Security Administrator and a back-up Security Administrator. The
Security Administrator is required to implement and maintain a system for
management of user accounts/user roles to ensure that all the CMBHS user
accounts are current.
2. Have a security policy that ensures adequate system security and protection
of confidential information.
3. Notify the CMBHS Help -desk within ten (10) business days of any change to
the designated Security Administrator or the back-up Security Administrator.
Grantee will:
i. Ensure that access to CMBHS is restricted to only currently authorized users.
ii. Within 24 hours, remove access to users who are no longer authorized to
have access to secure data in CMBHS.
iii. Maintain the CMBHS Authorized Users List which includes former and
current Grantee's employees, contracted labor, subcontractors or any other
users authorized to have access to secure data in CMBHS. The CMBHS
Authorized Users List shall document whose authority has been added and
terminated; and the date the authority was added and terminated.
4. Submit the CMBHS Security Attestation Form and the CMBHS Authorized
Users List as stated in Attachment A, to the following e-mail address:_.
SubstanceAbuse.Contracts(Z�hhsc.state.tx.us.
5. Continually maintain the current CMBHS Authorized Users List on file and
make available to System Agency upon request within five business days.
6. Immediately block access to CMBHS of any person who should no longer
have access to CMBHS, due to severance of employment with Grantee or
otherwise,
i. immediately modify access when there is a change in a user's job
responsibilities that affects the user's need for access to CMBHS,
ii. update records on a daily basis to reflect any changes in account status.
c. Security Violations and Accounts Updates.
Grantee will adhere to the Confidentiality Article requirements and HHS Data Usage
Agreement of this contract and immediately contact System Agency if a security
violation is detected, or if Grantee has any reason to suspect that the security or
integrity of the CMBHS data has been or may be compromised in any way.
d. Electronic Transfer of Information.
Grantee will establish and maintain adequate internal controls, security, and oversight
for the approval and electronic transfer of information regarding payments and
reporting requirements. Grantee certifies that the electronic payment requests and
reports transmitted will contain true, accurate, and complete information.
e. Access.
System Agency reserves the right to limit or deny access, to the CMBHS by Grantee,
at any time for any reason deemed appropriate by System Agency. Grantee access to
CMBHS will be placed in inactive status when theGrantee ceases to have an executed
contract with System Agency Mental Health and Substance Abuse Division.
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DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
f. Customer Support and Training.
System Agency will provide support for the CMBHS, including problem tracking and
problem resolution. System Agency will provide telephone numbers for Grantees to
obtain access to expert assistance for CMBHS-related problem resolution. System
Agency will provide initial CMBHS training. Grantee shall provide subsequent
ongoing end -user training.
5.17 HIV/AIDS Model Workplace Guidelines
Grantee shall:
a. Implement the System Agency's policies based on the Human Immunodeficiency
Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace
Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm,
State Agencies and State Grantees Policy No. 090.021.
b. Educate employees and clients concerning HIV and its related conditions, including
AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114.
5.18 Medicaid Enrollment
Treatment Grantees shall enroll as a provider with Texas Medicaid and Healthcare
Partnership (TMHP) and all Medicaid Managed Care organizations in Grantee's service
region within the first quarter of this procurement term and maintain through the
procurement term.
5.19 Billing for Treatment and Payment Restrictions
Grantees shall:
a. Bill for only one intensity of service and service type (either outpatient or
residential) per client per day
b. Not bill for an intensity of service and service type if another System Agency -
funded Treatment Grantee is providing and billing System Agency for another
intensity of service and service type.
c. The following are the exceptions to Item (b):
A client may receive the following services at the same time the client receives SUD
outpatient or residential treatment services:
a. Co-occurring psychiatric / substance use disorder services,
b. Ambulatory detoxification, or
c. Opioid substitution therapy services.
d. If two Grantees provide services to the same client under this exception, the
Grantees must coordinate services and both Grantees must document the service
coordination in CMBHS.
5.20 Persons on Probation or Parole.
Grantee shall;
a. Develop and implement written policies and procedures that address the delivery of
Page 24 of 27
DocuSign Envelope ID BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
services by employees, subcontractors, or volunteers on probation or parole.
b. Submit to the SUD email box, SubstanceAbuse.Contracts abhsc.state.tx.us. notice. of
any of its employees, volunteers or subcontractors who are on parole or probation if
the employee, volunteer, or subcontractor provides or will provide direct client or
participant services or who has or may have direct contact with clients or participants.
c. Maintain copies of all notices required under this section for System Agency review.
d. Ensure that any person who is on probation or parole is prohibited from
performing direct client/participant services or from having direct contact with
clients or participants until authorized by System Agency.
5.21 Substance Abuse Block Grant (SABG) Requirements
Grantee will comply with the requirements of the SABG, including the restrictions on
expenditure of grant funds, stated in 45 CFR § 96.135 and the Notice of Grant Award:
The State shall not expend the Block Grant on the following activities:
a. To provide inpatient hospital services, except as provided in paragraph (c) of this
section;
b. To make cash payments to intended recipients of health services;
c. To purchase or improve land, purchase, construct, or permanently improve (other
than minor remodeling) any building or other facility, or purchase major medical
equipment;
d To satisfy any requirement for the expenditure of non-Fcdcral funds as a condition for
the receipt of Federal funds;
e. To provide financial assistance to any entity other than a public or nonprofit private
entity; or
f. To provide individuals with hypodermic needles or syringes so that such individuals
may use illegal drugs, unless the Surgeon General of the Public Health Service
determines that a demonstration needle exchange program would be effective in
reducing drug abuse and the risk that the public will become infected with the
etiologic agent for AIDS.
5.22 Match and Program Income
Grantee shall:
a. Contribute match that is, at minimum, the percentage, stated on Attachment B, of Total
System Agency Share unless otherwise stated on Attachment B.
b. Report match on each Financial Status Report (FSR) or Quarterly Match Report,
including description, source, and dollar amount in the FSR comment section for the
non -System Agency funding and in -kind contributions for the program or as directed
by System Agency.
c. Adhere to the Program Income requirements in Uniform Grants Management Standards
(UGMS).
d. Not use program income as match without prior approval of the contract manager
assigned to the Contract.
e. If the match ratio requirement is not met by the beginning of the last three months of
Page 25 of 27
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
the term of the Contract, System Agency may withhold or reduce payments to satisfy
match insufficiency or demand a refund of the amount of the match insufficiency.
5.23 Contract Reconciliation
Grantee, within 45 calendar days after the end of each fiscal term year, will submit to the
System Agency email box, SubstanceAbuse.Contracts(_hhsc.state.tx.us, financial and
reconciliation reports required by System Agency in forms as determined by System
Agency.
5.24 Breach of Contract and Liquidated Damages
a. Contract Monitoring.
System Agency:
1. will monitor Grantee for programmatic and financial compliance with this
Contract and;
2. may impose liquidated damages for any breach of this Contract.
3. at its discretion, may place Grantee on accelerated monitoring, which entails more
frequent or more extensive monitoring than ordinarily conducted by System
Agency.
4. may allow the Grantee the opportunity to correct identified deficiencies prior to
imposing actions stated in this section.
b. Liquidated Damages.
Grantee agrees that noncompliance with the requirements specified in the Contract
causes damages to System Agency that are difficult to ascertain and quantify.
Grantee further agrees that System Agency may impose liquidated damages each
month for so long as the noncompliance continues. Failure to comply with any of the
Contract requirements, System Agency may impose liquidated damages of:
1. $500 for the first occurrence of noncompliance during a fiscal year;
2. $750 for the second occurrence of noncompliance with the same requirement
during the same fiscal year; and
3. $1,000 for the third and subsequent occurrence(s) of noncompliance with the
same requirement during the same fiscal year.
c. Grantee Repayment.
System Agency may withhold payments to Grantee to satisfy any recoupment or
liquidated damage imposed by System Agency under this Article. System Agency
may take repayment from funds available under this Contract, active or expired, or
any subsequent renewal, in amounts necessary to fulfill Grantee's repayment
obligations.
d. Notice of Liquidated Damages.
System Agency will formally notify Grantee in writing when liquidated damages action
is imposed, stating the nature of the action, the reasons for imposing, and the method of
appealing. Grantee must submit a written appeal, within 10 calendar days of receipt of
the notice, to the SUD email box, SubstanceAbuse.Contracts(a7hhsc.state. tx.us.
Page 26 of 27
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
ATTACHMENT E (REVISED AUGUST 2021)
A submitted appeal must;
1. include documented proof that Grantee submitted the information by the due date
or received an exemption from the assigned contract manager.
2. demonstrate the findings on which the Liquidated Damage is based are either
invalid or do not warrant the action(s).
If System Agency determines the liquidated damage is warranted, System Agency's
decision is final and the remedy or sanction shall be imposed.
Page 27 of 27
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
CERTIFICATION
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. Signor further agrees that it will provide immediate written notice
to HHSC if at any time Signor learns that any of the certifications provided for below were erroneous
when submitted or have since become erroneous by reason of changed circumstances. If the Signor
cannot certify all of the statements contained in this section, Signor must provide written notice to
Legal Name of Contractor:
FFATA Contact # 1 Name, Email and Phone Number:
City of Lubbock
Linda Cuellar
I-cuellar@mylubbock.us
806-775-3253
Primary Address of Contractor:
FFATA Contact #2 Name, Email and Phone Number:
314 Ave K
ZIP Code: 9-digits Required www.usps.com
Primary DUNS Number: 9-digits Required
http:Hwww.dnb.com/us/
1794
1-3 30
-
State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits
000 75 000 90
Printed Name of Authorized Representative
Signature of Authorized Representative
Docuftned by:
aniel Pope
vatta pe L
Title of Authorized Representative
3F037883155UOF.
Date
Mayor
reptember 8, 2021
-1-
DocuSign Envelope ID: BC835E31-97DB-44CD-9C90-5CA841257FCB
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
CERTIFICATION
As the duly authorized representative (Signor) of the Contractor, I hereby certifythat
the statements made by me in this certification form are true, complete and correct to
the best of my knowledge.
Did your organization have a gross income, from all sources, of less than $300,000 in
your previous tax year? ❑ Yes x❑ No
If your answer is "Yes," skip questions "A," '%," and "C" and finish the certification.
If your answer is "No," answer questions "A" and "B."
A. Certification Reeardine Percent W of Annual Gross from Federal Awards.
Did your organization receive 80% or more of its annual gross revenue from federal
awards during the preceding fiscal year? ❑ Yes ❑x No
B. Certification Regarding Amount of Annual Gross from Federal Awards.
Did your organization receive $25 million or more in annual gross revenues from federal
awards in the preceding fiscal year? ❑x Yes ❑ No
If your answer is "Yes" to both question "A" and "B," you must answer question T."
If your answer is "No" to either question "A" or "B," skip question "C" and finish the
certification.
C. Certification Regarding Public Access to Compensation Information.
Does the public have access to information about the 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.0 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of1986? ❑ Yes ❑ No
If your answer is "Yes" to this question, where can this information be accessed?
If your answer is "No" to this question, you must provide the names and total
compensation of the top five highly compensated officers below.
Provide compensation information here:
DocuSign
v f� t '3�� ! t.
Certificate Of Completion �, f: :r ��, N
Envelope Id: BC835E3197DB44CD9C905CA841257FCB Status: Sent
Subject: Amending $3,786,024.00; HHS000779500004; City of Lubbock A-1; HHSC MSS-IDD - SUDCMU
Source Envelope:
Document Pages: 56 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission
AutoNav: Enabled 1100 W. 49th St.
Envelopeld Stamping: Enabled Austin, TX 78756
Time Zone: (UTC-06:00) Central Time (US & Canada) PCS_DocuSign@hhsc.state.tx.us
IP Address: 167.137.1.16
Record Tracking
4 S3aua
Status: Original
8/19/2021 9:35:21 AM
Signer Events
Daniel Pope
dpope@mylubbock.us
Mayor
City of Lubbock
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sonja Gaines
Sonja. Gaines@hhs.texas.gov
SG
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
�Ycr w _ irr Asir: A iiEr;,idsariu� re vWs
Holder: Texas Health and Human Services
Location: DocuSign
Commission
PCS—DocuSign@hhsc.state.tx.us
Signature
Timestamp
-D—Sla"Idy. b
Sent: 8/19/2021 10:14:16 AM
fn
ValA Lt f6ft,
Resent: 8/23/2021 11:16:01 AM
L- 3FO3786315554OF
Viewed: 8/26/2021 3:49:25 PM
Signed: 9/8/2021 10:10:31 AM
Signature Adoption: Pre -selected Style
Using IP Address: 208.84.91.41
Sent: 9/8/2021 10:10:35 AM
In Person Signer Events �,S�gnafiiret7 A ";YaT�mestampn,`x,r'- jr,
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ElIntermedia DeliveryEvents Status �
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Certified Delivery Events y Status
Carbon Copy Eventss:sTIMM Status
HHSC SLID Contracts COPIED
SubstanceAbuse.Contracts@hhsc.state.tx.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Bryan Hunter CO PI E D
Bryan. H unter@hhs.texas.gov
Security Level: Email, Account Authentication
(None)
Timestamp
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t�
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Sent: 8/19/2021 10:14:15 AM
Viewed: 8/27/2021 10:08:30 AM
Sent: 8/19/2021 10:14:15 AM
Viewed: 8/27/2021 7:42:58 AM
Carbon Copy Events Status Timestamp
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Contract Developer COPIED Sent: 9/8/2021 10:10:35 AM
Jennifer. SilvaO I @hhs.texas-gov
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(None)
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CITY OF LUBBOCK
ATTEST:
DANIEL M. POPE, Mayor
ATTEST:
By: ad",
REB CCA GARZA, Cit Se retary
APPROVED S TO CONTENT:
By:
THERF
VWELLS, Director of Public Health
APPROVED AS TO FORM:
By:
Ary BRO ICE, Assistant City Attorney