HomeMy WebLinkAboutResolution - 2022-R0095 - DSHS Contract HHS001120300005 for STD HIV-DIS 2.22.22Resolution No. 2022-R0095
Item No. 7.18
February 22, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Department of State Health Services Contract No.
HHS001120300005 under the STD/HIV-DIS Prevention Services Grant Program, by and
between the City of Lubbock and the State of Texas' Department of State Health Services,
and all related documents. Said Contract 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 February 22, 2022
DANIEL M. POP , MAYOR
ATTEST:
Rebec a Garza, City Secr
APPROVED AS TO
APPROVED AS TO FORM:
RyaA t
e, Assistant City Attorney
RES.DSHS Contract No. HHS001120300005 STD-HIV-DIS Prevention
2.7.22
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154B3A9FF11F
Resolution No. 2022-R0095
TEXAS
�V Health and Human
Services
The Honorable Daniel Pope, Mayor
City of Lubbock
PO Box 2000
Lubbock, Texas 79457
Texas Department of State Health Services
John MimscedR, M.D.
Corntnisskw
Subject: Sexually Transmitted Disease/Human Immunodeficiency Virus
Disease Intervention Specialists (STD/HIV-DIS) Contract
Contract Number: HHS001120300005
Contract Amount: $196,484.00
Contract Term: March 1, 2022 through August 31, 2022
Dear Mayor Pope:
Enclosed is the STD/HIV-DIS contract between the Department of State Health
Services and City of Lubbock.
The purpose of this contract is to control and prevent the spread of Sexually
Transmitted Diseases (STDs), including Human Immunodeficiency
Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis.
With all possible renewals exercised, the total amount of the contract is
projected to be $1,611,169.00.
Please let me know if you have any questions or need additional information.
Sincerely,
Lillie Powell, CTCM
Contract Manager
(512) 776-2665
lillie. powelIOdshs.texas. gov
P.O. Boot 149347 - Austin,Texas 78714-9347 - Phone: 888-963-7111 - TTY: 800-735-2889 • www.dshs.tews.gov
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154B3A9FF11F
SIGNATURE DOCUMENT FOR
DEPARTMENT OF STATE HEALTH SERVICES
CONTRACT No. HHS001120300005
UNDER THE
STD/HIV-DIS PREVENTION SERVICES GRANT PROGRAM
I. PURPOSE
The DEPARTMENT OF STATE HEALTH SERVICES ("DSHS" or "System Agency"), a pass -
through entity, and CITY OF LUBBOCK ("Grantee"), each a "Party" and collectively the
"Parties," enter into the following grant contract to provide funding to control and prevent
the spread of Sexually Transmitted Diseases (STDs), including Human Immunodeficiency
Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis (the
"Contract").
II. LEGAL AUTHORITY
This Contract is authorized by and in compliance with the provisions of Section 318 of the
Public Health Service Act, 42 U.S.C. Section 247c, as amended, and Texas Health and
Safety Code Chapter 12.
III. DURATION
This Contract is effective on March 1, 2022, or the date of the last signature below,
whichever is later, and terminates on August 31, 2022, unless renewed, extended, or
terminated pursuant to the terms and conditions of the Contract. System Agency, at its sole
discretion, may extend this Contract for any period(s) of time, provided the Contract term,
including all extensions or renewals, does not exceed five years. Notwithstanding the
limitation in the preceding sentence, System Agency, at its sole discretion, also may extend
the Contract beyond five years as necessary to ensure continuity of service, for purposes
of transition, or as otherwise determined by System Agency to serve the best interest of the
State.
IV. BUDGET
The total amount of this Contract will not exceed $196,484.00. Grantee is not required to
provide matching funds. All expenditures under the Contract will be in accordance with
ATTACHMENT B, BUDGET.
The Grantee's acknowledged or approved Indirect Cost Rate (ICR) is contained within
ATTACHMENT B, BUDGET and either the ICR Acknowledgement Letter, ICR
Acknowledgement Letter — Ten Percent De Minimis, or the ICR Agreement Letter is
attached to this Contract and incorporated as ATTACHMENT I, INDIRECT COST RATE
LETTER.
DSHS Contract # HHS001120300005
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If an Indirect Cost Rate Letter is required but it is not issued at the time of Contract
execution, the Parties agree to amend the Contract to include the Indirect Cost Rate Letter
as ATTACHMENT I and revise ATTACHMENT B when the Indirect Cost Rate Letter is
issued.
If the System Agency, at its sole discretion, approves or acknowledges an updated indirect
cost rate, the new rate, together with the revised ICR Acknowledgement Letter, ICR
Acknowledgement Letter — Ten Percent De Minimis, or the ICR Agreement Letter, will be
included in the revised ATTACHMENT I and amended ATTACHMENT B.
V. CONTRACT REPRESENTATIVES
The following will act as the representative authorized to administer activities under this
Contract on behalf of its respective Party.
System Agency
Department of State Health Services
P.O. Box 149347, MC 1990
Austin, Texas 78714-9347
Attention: Lillie Powell
VI. LEGAL NOTICES
Grantee
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Attention: Katherine Wells
Any legal notice required under this Contract shall be deemed delivered when deposited by
the System Agency either in the United States mail, postage paid, certified, return receipt
requested; or with a common carrier, overnight, signature required, to the appropriate address
below:
System Agency
Health and Human Services Commission
Attn: Office of the Chief Counsel
4601 W. Guadalupe St., MC 1100
Austin, Texas 78751
lath copy to
Department of State Health Services
Attention: General Counsel
P.O. Box 149347, MC 1919
Austin, Texas 78714-9347
Grantee
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Attention: Katherine Wells
DSHS Contract # HHS001120300005
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VII. NOTICE REQUIREMENTS
Notice given by Grantee will be deemed effective when received by the System Agency.
Either Party may change its address for notices by providing written notice to the other Party.
All notices submitted to System Agency must:
A. include the Contract number;
B. be sent to the person(s) identified in the Contract; and,
C. comply with all terms and conditions of the Contract.
VIII. ADDITIONAL GRANT INFORMATION
System Agency Data Universal Numbering System (DUNS) Number: 807391511
Federal Award Identification Number (FAIN): NH25PS006293-03-04
Assistance Listing Name and Number: Preventative Health Services -Sexually Transmitted
Diseases Control Grants; 93.977
Federal Award Date: 06/21/2021
Federal Award Project Period through 12/31/2023
Name of Federal Awarding Agency: CDC Office of Financial Resources
Awarding Official Contact Information: Rhonda Burton
Email: bgr2(g.cdc.gov
SIGNATURE PAGE FOLLOWS
DSHS Contract # HHS001120300005
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DocuSign Envelope ID: 235C0946-4EC0-40A9-BEBC-392E1D331C2B
SIGNATURE PAGE FOR SYSTEM AGENCY
CONTRACT No. HHS001120300005
EP
DocuSigned blSYSTEM AGENCY GRANTEE
DoeuBgned by:
Kirk Cole 1AlAkt P�
04DD3FAAF59048D 3F037M15S540F
Signature
Kirk Cole
Printed Name:
Deputy Commissioner
Title:
February 25, 2022
Date of Execution:
Signature
Daniel Pope
Printed Name:
Mayor
Title:
February 24, 2022
Date of Execution:
THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO.
HHS001120300005 ARE INCORPORATED BY REFERENCE:
ATTACHMENT A:
STATEMENT OF WORK
ATTACHMENT B:
BUDGET
ATTACHMENT C:
HHS UNIFORM TERMS AND CONDITIONS — GRANT -
VERSION 3.0 AUGUST 2021
ATTACHMENT D:
HHS CONTRACT AFFIRMATIONS V. 2.0 AUGUST 2021
ATTACHMENT E:
HHS ADDITIONAL PROVISIONS V. 1.0 FEBRUARY 2021
ATTACHMENT F:
FEDERAL ASSURANCES AND CERTIFICATIONS
ATTACHMENT G:
HHS DATA USE AGREEMENT TACCHO VERSION (LOCAL
CITY AND COUNTY ENTITIES) OCTOBER 23, 2019
ATTACHMENT H:
FFATA FORM
ATTACHMENTS FOLLOW
DSHS Contract # HHS001120300005
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ATTACHMENT A
STATEMENT OF WORK
I. GRANTEE RESPONSIBILITIES
Grantee shall:
A. Conduct programs, as described herein, to control and prevent the spread of Sexually
Transmitted Diseases (STDs), including human immunodeficiency virus/acquired
immunodeficiency syndrome (HIV/AIDS) and viral hepatitis, in accordance with the
Centers for Disease Control and Prevention's (CDC) STD Program Operations
Guidelines, located at: http://www.cdc. ovg /std/pro rg, am/gl-2001.htm.
B. Perform the following six core activities:
1. Community and Individual Behavior Change Interventions;
2. Medical and Laboratory Services;
3. Partner Services;
4. Leadership and Program Management;
5. Surveillance and Data Management; and
6. Training and Professional Development.
C. Maintain written program procedures covering these six core activities. All procedures
shall be consistent with the requirements of this Contract.
D. Perform the activities required under this Contract in the service area designated in this
Contract. Service area will include the following county(ies): Lubbock.
E. Designate one of its staff to be a Local Responsible Party (LRP), who will be
responsible overall for ensuring the security of the confidential HIV/STD information
the Grantee maintains pursuant to this Contract.
F. Comply with all applicable federal and state policies, standards, and guidelines,
including those specified below. The following documents are incorporated into this
Contract by reference:
1. DSHS HIV and STD Program Operating Procedures and Standards (POPS),
located at: http://www.dshs.texas.gov/hivstd/pops/default.shtm;
2. DSHS TB/HIV/STD and Viral Hepatitis Unit Security Policies and Procedures,
located at: http://www.dshs.texas.gov/hivstd/policy/securily.shtm-,
.shtm;
3. CDC STD Program Operations Guidelines, located at:
http://www.cdc. ov�pro ream/al-2001.htm;
4. CDC STD Treatment. Guidelines, located at: http://www.cdc.gov/std/treatment/-,
and
5. DSHS HIV and STD Program Policy Reporting Suspected Abuse and Neglect of
Children, located at:
https://www.dshs.texas.gov/childabusereporting/default.shtm.
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G. Comply with all applicable federal and state regulations and statutes, as amended,
including, but not limited to:
1. Chapters 81 and 85 of Texas Health and Safety Code Note: See, for example,
Section 85.085 of the Texas Health and Safety Code [Physician Supervision of
Medical Care], which requires that a licensed physician supervise any medical
care or procedure provided under a testing program as required by law);
2. Chapter 94 of the Texas Health and Safety Code (relating to Education and
Prevention Programs for Hepatitis C);
3. Chapter 98 of the Texas Health and Safety Code (relating to the reporting of
Sexually Transmitted Diseases including Human Immunodeficiency Virus);
4. Title 25 Texas Administrative Code (TAC), Chapter 97; and
5. Texas Government Code Section 531.02161, as an update to provision of
services, where there is delivery of an in -person service, there must also be an
option of that service via telecommunications or through the use of information
technology.
H. Perform all activities in accordance with the terms of this Contract (including detailed
budget) and any subsequent DSHS Program instructions given to Grantee. Grantee
must receive written approval from DSHS before varying from applicable policies,
procedures, and protocols and must update its implementation documentation within
48 hours of making approved change(s).
I. DSHS reserves the right, where legal authority allows, to redirect funds in the event of
financial shortfalls. DSHS Program will monitor Grantee's expenditures on a quarterly
basis. If expenditures are below the total Contract amount, Grantee's budget may be
subject to a decrease for the remainder of the Contract term. Positions that remain
vacant for 90 days may subject the Contract to a decrease in funding.
II. PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, Grantee's effectiveness in
providing the services described in this Contract, without waiving the enforceability of any of the
other terms of the Contract.
Public Health Follow -Up (PHFU) Program Objectives
Grantee shall follow the requirements for each of the STD Program Objectives, in accordance with
the DSHS HIV/STD Program Operating Procedures and Standards (POPS), Chapter 9: Disease
Intervention S cialist Performance Standards, with special emphasis on outcomes excerpted
below. If the data submitted by Grantee (or otherwise obtained by DSHS) indicates the Grantee's
performance does not meet the standards stated in one or more of the objectives, DSHS may (at
its sole discretion) require additional measures be taken by the Grantee to improve performance.
Grantee must implement these measures according to a timetable mandated by DSHS. Grantee
shall:
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A. Syphilis Objectives
1. Ensure that all individuals newly diagnosed with early syphilis are interviewed
within three days of assignment. If data indicates less than 85% of individuals
newly diagnosed with early syphilis covered by the scope of this Contract are
interviewed as described, DSHS may (at its sole discretion) require additional
measures be taken by the Grantee to improve that percentage. Note: Early
syphilis is defined as all syphilis cases that are determined to be primary,
secondary, or early non-primary/non-secondary syphilis. See CDC definition at:
https://wwwn.cdc. gov/nndss/conditions/syphilis/case-definition/2018/.
2. Achieve a partner index of at least 2.0 for all interviews conducted on individuals
newly diagnosed with early syphilis. If data indicates less than a 2.0 partner index
for all interviews conducted for early syphilis by Disease Intervention Specialists
(DIS), DSHS may (at its sole discretion) require additional measures be taken by
the Grantee to improve that percentage.
3. Ensure that all partners initiated (partners obtained from the interview/case
management process with locating information as outlined by Chapter 9: Disease
Intervention Specialist Performance Standards to attempt notification on early
syphilis interviews) are notified of the disease exposure. If data indicates less
than .75 partner notification index for all initiated partners, DSHS may (at its sole
discretion) require additional measures be taken by the Grantee to improve that
percentage.
4. Ensure that all partners notified of syphilis exposure are tested and treated for
syphilis, including incubating syphilis (disease intervention index). If data
indicates less than 60% of notified partners are tested and treated as described,
DSHS may (at its sole discretion) require additional measures be taken by the
Grantee to improve that percentage.
5. Ensure that a treatment index of at least .75 is achieved for all interviews
conducted on individuals newly diagnosed with early syphilis. If data indicates
less than .75 treatment index, DSHS may (at its sole discretion) require additional
measures be taken by the Grantee to improve that percentage.
B. HIV Objectives
1. Ensure that all individuals newly diagnosed with HIV will be interviewed within
seven days in accordance with DSHS HIV/STD Program POPS, Chapter 9, at
https://www.dshs.texas.gov/hivstd/12ol2s/chap09.shtm. If data indicates less than
85% of individuals newly diagnosed with HIV are interviewed as described,
DSHS may (at its sole discretion) require additional measures be taken by the
Grantee to improve that percentage:
2. Ensure that all individuals interviewed who have been newly diagnosed with HIV
successfully complete their first HIV medical appointment. If data indicates less
than 90% of new HIV -positive clients interviewed successfully complete their
first HIV medical appointment, DSHS may (at its sole discretion) require
additional measures be taken. by the Grantee to improve that percentage.
3. Achieve a partner index of at least 2.0 for interviews conducted on individuals
newly diagnosed with HIV. If data indicates a partner index of less than 2.0 for
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individuals interviewed by DIS, DSHS may (at its sole discretion) require
additional measures be taken by the Grantee to improve that percentage.
4. Ensure that all partners initiated (partners obtained from the interview/case
management process with enough locating information to attempt notification)
on a new HIV interview are notified of the disease exposure. If data indicates
less than .75 partner notification index, DSHS may (at its sole discretion) require
additional measures be taken by the Grantee to improve that percentage.
5. Ensure that all partners notified for HIV exposure are tested for HIV. If data
indicates less than 60% of the notified partners are tested for HIV, DSHS may (at
its sole discretion) require additional measures be taken by the Grantee to improve
that. percentage.
6. Ensure that all persons receiving PHFU (initiated partners, those co -infected with
a bacterial STD, such as syphilis, gonorrhea, and/or chlamydia, and/or individuals
in the social -sexual network of an identified HIV genotype cluster) who have
been previously diagnosed with HIV and who have been out of care for more than
six months, are re-engaged to establish HIV medical services. The activities
taken to locate the person must be documented in the designated data system.
This includes confirmation that the client attended his/her HIV medical care
appointment. All the tasks described in this provision must be completed by a
Disease Intervention Specialist.
C. Other Objectives
1. Ensure that a complaint process is maintained and posted in the areas where
services are provided, in accordance with DSHS HIV/STD Program POPS,
Chapter 12, STI Clinical Standards at
https://www.dshs.texas.gov/hivstd/pops/chapi 2.shtm.
2. Maintain a staff retention policy.
3. Participate in targeted evaluation activities and other projects as required by
DSHS or CDC.
4. Ensure that the client survey is conducted at a minimum of two times per year for
a total of 30 days. The summary of the feedback must be available for review and
identified concerns must be addressed within 30 days of the feedback period.
5. Establish and maintain mutually agreed -upon formal written procedures with
local providers to ensure the provision of partner services in accordance with
DSHS HIV/STD Program POPS. The procedures must specify processes (e.g.,
communication) to facilitate timely partner elicitation by the local health
department following the delivery of HIV and syphilis positive test results to
clients by Grantee.
6. Establish and maintain mutually agreed -upon formal written procedures with
local agencies who provide services frequently needed by clients seeking
HIV/STD services from Grantee in accordance with DSHS HIV/STD Program
POPS. The procedures must specify processes (e.g., communication) to facilitate
timely partner elicitation by the local health department following the delivery of
HIV -positive test results to clients by Grantee, including but not limited to:
a. HIV testing and counseling;
b. STD clinical services;
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c. Partner services;
d. HIV medical and support services;
e. Substance abuse treatment services;
f. Harm reduction services; and
g. Mental health services.
At a minimum, such procedures should address conditions associated with
making and accepting client referrals. If Grantee provides all of the services listed
above in a specific geographic area, no such agreement is necessary for that area.
Grantee must maintain complete records of all referrals made. These procedures
must be finalized and in place within 30 days of the effective date of this Contract.
7. Ensure that performance of activities under this Contract is of a high quality and
consistent with all the requirements of this Contract, in order to meet DSHS high
performance expectations.
8. Conduct regular assessments of Grantee's performance, including compliance
with DSHS Program procedures, policies and guidance, contractual conditions,
attainment of performance measures, maintenance of adequate staff, and
submission of required data and narrative reports. Failure to comply with stated
requirements and contractual conditions may result in the immediate loss of
Contract funds at the discretion of DSHS.
9. Ensure that all staff operating under this Statement of Work are permitted to
provide HIV and/or syphilis screening(s) by collecting blood -based specimens,
in both field and clinical settings. Supplemental testing must be collected by
venipuncture immediately, on site, after a point -of -care preliminary positive test
result. Staff will offer and perform these tests unless the client refuses. HIV and
syphilis specimens may be submitted through the DSHS public health laboratory
or another laboratory designated by the Grantee and approved in advance by
DSHS.
10. Ensure that all staff operating under this Statement of Work are permitted to
deliver all HIV and/or STD results, including positive results, in both field and
clinical settings.
11. Ensure that all staff operating under this Statement of Work, when conducting
field work, are permitted to disclose the reason s/he is contacting them (e.g.,
exposure to someone who tested positive for HIV and wanted to ensure s/he had
the ability to be tested, positive test results were received from a provider,
laboratory, life insurance company, etc.).
12. Ensure that staff who operate under this Statement of Work deliver all positive
test results within the designated timeframes referenced in the DSHS HIV/STD
Program POPS. Staff will ensure the client understands the infection(s) s/he has
tested positive for, is offered appropriate treatment for his/her infection(s) and is
linked to other medical and social resources as appropriate (e.g., HIV testing and
counseling; Pre -Exposure Prophylaxis [PrEP]; Harm Reduction Services; STD
clinical services; partner services; HIV medical and support services; substance
abuse treatment services; and mental health services).
13. Staff operating under this Statement of Work may be identified to respond to
rapid response efforts to address and intervene in the transmission of reportable
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STDs, HIV and/or other infections staff received disease information training to
respond to as needed by DSHS or local programs.
D. The following STD clinical services shall be provided, consistent with the DSHS
HIV/STD Program POPS Chapter 12: STI Clinical Standards:
1. Grantee shall follow the requirements for examining, testing, and treating
individuals served in public STD clinics. If data indicates that less than 90% of
individuals served were examined, tested and/or treated for STD(s) as medically
appropriate within 24 hours of seeking services, DSHS may (at its sole discretion)
require additional measures be taken by the Grantee to improve that percentage.
2. Individuals seeking STD diagnostic and/or treatment services in public STD
clinics shall be medically managed according to Grantee written protocols in
compliance with DSHS HIV/STD Program POPS, and with CDC STD Treatment
Guidelines 2021 (as revised).
3. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment
services in public STD clinics will be referred for Pre -Exposure
Prophylaxis/Non-Occupational Post -Exposure Prophylaxis (PrEP/nPEP) services
if at increased risk for HIV but currently HIV negative. Individuals to be
prioritized for PrEP referrals include: Men who have Sex with Men (MSM) with
rectal GC and/or syphilis; individuals who have an HIV+ partner; individuals in
the social -sexual network of an identified HIV genotype cluster; and others at
increased risk for HIV who could benefit from PrEP..
4. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment
services in public STD clinics who have been previously diagnosed with HIV and
who have been out of care for more than six months, will be referred to a DIS or
other linkage worker to ensure they are re-engaged into HIV medical care.
5. Grantee shall explore mechanisms to expand testing and awareness of STDs via
home testing and home self -collection kits and self -collection.
6. Grantee shall explore mechanisms to use telemedicine/telehealth for individuals
seeking STD diagnostic and treatment services and/or PrEP/nPEP services.
III. TRAINING REQUIREMENTS
Due to the specialization and job knowledge required for effective STD control programs, the
following minimum training is required of personnel operating under this Contract. Compliance
will be monitored by DSHS Program staff. Grantee shall:
A. Authorize and require their staff to attend training, conferences, and meetings as
directed by DSHS Program.
1. Training Requirements for Disease Intervention Specialist staff (DIS) are as
follows:
a. The following DSHS HIV/STD Program POPS chapters must be read and
acknowledged:
i. Chapter 3: HIV/STI Partner Services and Seropositive Notification; and
ii. Chapter 9: Disease Intervention Specialists Performance Standards.
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b. The DSHS-approved Fundamentals of STD Intervention (FSTDI), including
all prerequisites, within six months of employment, must be completed
successfully.
c. The DSHS-approved Fundamentals of Testing and Navigation (FTN) or
equivalent must be completed successfully within six months of employment.
d. DIS must complete training successfully in, and demonstrate knowledge of,
the TB/HIV/STD Information System (THISIS).
e. DIS must be able to participate in the HIV Navigation in Texas (HNT) within
one year of employment.
f. DIS must successfully complete venipuncture training that has been approved
by the local health authority within 60 days of employment.
g. DIS must successfully complete training for all locally sanctioned testing
technologies used for specimen collection and processing.
h. DIS with more than one year of experience shall successfully complete
additional courses as required by DSHS.
2. Training Requirements for First -Line Supervisors staff (FLS) are as follows:
a. The following DSHS HIV/STD Program POPS chapters must be read and
acknowledged:
i. Chapter 10: First -Line Supervisors Performance Standards; and
ii. Chapter 11: Regional and Local Health Department HIV/STD Program
Manager Performance Standards, in addition to what is required of the
DIS.
b. FLS must successfully complete all training activities which are required for
DIS under this Contract, and also must take the next available Texas First -
Line Supervisor (TXFLS) training.
c. If new to the jurisdiction, FLS must participate in the HIV Navigation in
Texas within one year of employment.
d. FLS must attend and participate in the DSHS FLS Summit, as scheduled.
e. FLS must participate in the quarterly DSHS FLS calls.
f. FLS must attend and participate in any other required DSHS trainings, as
scheduled.
3. Training Requirements for Program Manager staff (PM) are as follows:
a. PM must read and demonstrate understanding of the following DSHS
HIV/STD Program POPS chapters: Chapter 11, Regional and Local Health
Department HIV/ Program Manager Performance Standards, in addition to
what is required of the FLS and DIS.
b. PM operating under this Contract must complete all training requirements
of DIS and FLS.
C. PM must participate in the DSHS Leadership Meeting, as scheduled.
d. PM must participate in the monthly DSHS Leadership calls.
4. Recommended trainings and topics for all program staff are as follows:
a. Health Insurance Portability and Accountability Act (HIPAA)
b. Ethics
c. Field Safety
d. Health Equities
e. Cultural Humility
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f. CPR/First Aid
g. Automated External Defibrillators (AED)
h. Defensive Driving
i. Approaches in Harm Reduction
j. Self -Defense
k. Non -Violent Crisis Intervention
1. Status Neutral Biomedical Approaches to HIV Prevention (Early
Intervention, PrEP, nPEP)
m. Motivational Interviewing
n. Technical Writing
o. Computer Skills
p. Linkage to Care
q. Gender and Sexual Diversity
r. HIV Care and Treatment
s. Human Trafficking
t. Substance Use
u. Mental Health
v. Case Notes Documentation
B. Notify DSHS of completed trainings in the semiannual reports referenced in the
Reporting Requirements section.
IV. CONFIDENTIALITY
Grantee shall:
A. Designate and identify a HIPAA Privacy Officer, who is authorized to act on behalf of
Grantee and is responsible for the development and implementation of the privacy and
security requirements of federal and state privacy laws.
B. Designate, from its staff, a Local Responsible Party (LRP) who has the overall
responsibility for ensuring the security of the TB/HIV/STD confidential information
maintained by Grantee as part of activities under this Contract. The LRP shall:
1. Ensure that appropriate policies/procedures are in place for handling confidential
information, for the release of confidential TB/HIV/STD data, and for the rapid
response to suspected breaches of protocol and/or confidentiality. These policies
and procedures must comply with DSHS policies and procedures, which Grantee
may choose to adopt those DSHS policies and procedures as its own.
2. Ensure that security policies are reviewed periodically for efficacy, and that the
Grantee monitors evolving technology (e.g., new methods hackers are using to
illegally access confidential data; new technologies for keeping confidential data
protected from hacking) on an ongoing basis to ensure the program's data remain
as secure as possible.
3. Approve any Grantee staff requiring access to TB/HIV/STD confidential
information. LRP will grant authorization to Grantee staff who have a work-
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related need (i.e., work under this Contract) to view TB/HIV/STD confidential
information.
4. Maintain a list of authorized Grantee staff persons who have been granted
permission to view and work with TB/HIV/STD confidential information.
5. Review the authorized user list 10 days from the effective date of this Contract to
ensure it is current.
6. Ensure that all Grantee staff with access to confidential information have a signed
copy of a confidentiality agreement on file; it must be updated once during the
term of this Contract.
7. Ensure that all Grantee staff with access to confidential information are trained
on TB/HIV/STD security policies and procedures before access to confidential
information is granted; this training will be renewed once during the term of this
Contract.
8. Ensure that all Grantee staff with access to confidential information are trained
on federal and state privacy laws and policies before access to confidential
information is granted; this training will be renewed once during the term of this
Contract.
9. Thoroughly and quickly investigate all suspected breaches of confidentiality in
consultation with the DSHS LRP to ensure compliance with the DSHS Program
policy, TB/HIV/STD and Viral Hepatitis Breach of Confidentiality Response
Policy, located at: http://www.dshs.texas.gov/hivstd/policy/securily.shtm.
.shtm.
10. Ensure that all required quarterly reports are submitted on time.
C. Ensure that its security procedures require that all of its computers and networks meet
DSHS security standards, as certified by DSHS IT staff.
D. Provide a list to DSHS of personnel with access to secured areas and of all identified
personnel who have received security training.
E. Provide a list to DSHS of personnel with access to all network drives where
confidential information is stored and of all identified personnel who have received
security training.
F. Ensure that requests for TB/HIV/STD system user account terminations are sent to
DSHS within one business day of the identification of need for account termination.
G. Transfer secure data electronically using the Public Health Information Network.
H. Maintain a visitors' log for individuals entering the secured areas; this must be
reviewed quarterly by the LRP.
I. Verify TB/HIV/STD system user passwords are changed at least every 90 days; this
must be verified by the LRP.
J. Ensure that portable devices used to store confidential data are approved by the LRP
and encrypted.
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K. Ensure that confidential data/documents are:
1. Maintained in a secured area;
2. Locked when not in use;
3. Not left in plain sight; and
4. Shredded before disposal.
V. HIV/STD RAPID RESPONSE PLAN
DSHS will review the proposed Rapid Response Plan and provide guidance to the Grantee.
Grantee shall:
A. Develop, update, and submit a local HIV/STD Rapid Response Plan, and submit this
by February 1 each year of the Contract to the designated DSHS staff. The plan shall
include how the program will:
1. Identify responsible parties for planned activities, including but not limited to:
a. response coordinator,
b. activity team lead,
c. collaborative lead, and
d. medical lead;
2. Identify increases in disease or outbreaks;
3. Increase active surveillance;
4. Examine outbreak characteristics;
5. Educate health care providers and the community of disease outbreak (e.g.,
including signs/symptoms, available resources, disease trends, reporting
requirements, testing algorithms, and testing/treatment options);
6. Inform media outlets, as appropriate;
7. Conduct targeted screening efforts including testing in correctional settings (as
appropriate);
8. Enhance partner services;
9. Expand clinical access and services (e.g., increase clinical hours or days of
services, employ rapid testing, enhance prophylactic treatment protocols); and
10. Adjust work hours for employees involved in the response (i.e., allow staff to
work alternate hours or extended hours during response).
B. Establish and maintain collaborative relationships with local businesses, community
clinics, and community -based organizations who serve populations most affected by
HIV or other STDs, as well as with appropriate local and institutional individuals and
groups (e.g., providers, hospitals, mental health and intellectually disabled facilities,
infection control nurses), in order to implement the local Rapid Response Plan.
C. Continue to enhance their current HIV/STD surveillance system, including, but not
limited to:
1. Improving reporting of providers and laboratories; and
2. Increasing the number of sites that report electronically.
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D. Make all directed revisions to the Rapid Response Plan and submit a revised version to
the DSHS designated program consultant by the directed deadline.
E. Notify local leadership and key stakeholders of the finalized plan and maintain a copy
within the Program.
F. Comply with the final, approved version of the Rapid Response Plan when an outbreak
is identified.
G. Identify program Disease Intervention Specialists to respond to local and statewide
rapid response activities when necessary. The identified staff must complete DSHS
identified trainings prior to assignment. At least one staff from the Program will be
assigned to review cases identified and linked to outbreaks and conduct quality
assurance verifying increases, decreases, and outbreaks. As directed by the DSHS
Rapid Response Team leader, staff will conduct disease intervention activities as
prescribed in the Grantee's final, approved Rapid Response Plan or statewide Cluster
Detection Response Plan.
VI. REPORTING REQUIREMENTS
Grantee shall submit the following reports, with the report content to be determined by
DSHS and agreed by the Parties:
REPORT NAME
FREQUENCY
PERIOD
PERIOD
DUE DATE
BEGIN
END
Annual Report
One -Time
03/01/2022
08/31/2022
09/30/2022
Local Responsible
One -Time
03/01/2022
08/31/2022
09/30/2022
Party (LRP) Report
Financial Status
Quarterly
03/01/2022
05/31/2022
06/30/2022
Report (FSR)
FSR
Quarterly
06/01/2022 1
08/31/2022
10/15/2022
VII. INVOICE AND PAYMENT
A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13),
located at http://www.texas.pov//grants/forms/bI3form.doc, and acceptable supporting
documentation for reimbursement of the required services/deliverables. Vouchers and
supporting documentation should be mailed or submitted by fax or electronic mail to
the addresses/number below.
Claims Processing Unit, MCI 940
Department of State Health Services
1100 West 49th Street
PO Box 149347
Austin, TX 78714-9347
Fax No.: (512) 776-7442
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Email invoices must be sent to the following addresses: invoicesgdshs.texas.gov and
crosinvoicesna.dshs.texas.gov.
DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of
financial shortfalls. DSHS Program will monitor Grantee's expenditures on a quarterly basis. If
expenditures are below the amount in Grantee's total Contract, Grantee's budget may be subject
to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90)
days may result in a decrease in funds.
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ATTACHMENT B
BUDGET
BUDGET March 1, 2022 —August 31, 2022
CATEGORIES
PERSONNEL $97,200.00
FRINGE BENEFITS $46,656.00
TRAVEL
EQUIPMENT
SUPPLIES
CONTRACTUAL
OTHER
TOTAL DIRECT
CHARGES
INDIRECT CHARGES
TOTAL
$2,575.00
$0.00
$18,682.00
$11,371.00
$20,000.00
$196,484.00
$0.00
$196,484.00
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ATTACHMENT C
TEXAS
Health and Human Services
Health and Human Services (HHS)
Uniform Terms and Conditions - Grant
Version 3.0
Published and Effective — August 2021
Responsible Office: Chief Counsel
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ABOUT THIS DOCUMENT
In this document, Grantees (also referred to in this document as subrecipients or contractors) will find
requirements and conditions applicable to grant funds administered and passed -through by both the Texas Health
and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). These
requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any
funding award by HHSC or DSHS.
The terms and conditions in this document are in addition to all requirements listed in the RFA, if any, under
which applications for this grant award are accepted, as well as all applicable federal and state laws and
regulations. Applicable federal and state laws and regulations may include, but are not limited to: 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas
Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title
34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code); the Texas Grant
Management Standards (TxGMS) developed by the Texas Comptroller of Public Accounts; and the Funding
Announcement, Solicitation, or other instrument/documentation under which HHS was awarded funds. HHS, in
its sole discretion, reserves the right to add requirements, terms, or conditions.
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TABLE OF CONTENTS
ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS ........................... 6
1.1
DEFINITIONS.........................................................................................................
6
1.2
INTERPRETIVE PROVISIONS..................................................................................
7
ARTICLE II. PAYMENT PROVISIONS ............................. ».......................................... 8
2.1
PROMPT PAYMENT................................................................................................
8
2.2
TAXES....................................................................................................................8
2.3
ANCILLARY AND TRAVEL EXPENSES...................................................................
9
2.4
BILLING.................................................................................................................9
2.5
USE OF FUNDS.......................................................................................................
9
2.6
USE FOR MATCH PROHIBITED..............................................................................
9
2.7
PROGRAM INCOME...............................................................................................
9
2.8
NONSUPPLANTING.................................................................................................9
2.9
INDIRECT COST RATES.......................................................................................
10
ARTICLE III. STATE AND FEDERAL FUNDING.....................................................10
3.1
EXCESS OBLIGATIONS PROHIBITED...................................................................
10
3.2
NO DEBT AGAINST THE STATE...........................................................................
10
3.3
DEBTS AND DELINQUENCIES..............................................................................
10
3.4
REFUNDS AND OVERPAYMENTS.........................................................................
10
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS ..................
it
4.1
ALLOWABLE COSTS............................................................................................
11
4.2
AUDITS AND FINANCIAL STATEMENTS...............................................................
11
4.3
SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS ....................................
12
ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND
CERTIFICATIONS.......................................... »...............................................................
12
5.1
WARRANTY.........................................................................................................
12
5.2
GENERAL AFFIRMATIONS...................................................................................
13
5.3
FEDERAL ASSURANCES.......................................................................................
13
5.4
FEDERAL CERTIFICATIONS................................................................................
13
5.5
STATE ASSURANCES............................................................................................
13
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ARTICLE VI. INTELLECTUAL PROPERTY.............................................................
13
6.1
OWNERSHIP OF WORK PRODUCT.......................................................................
13
6.2
GRANTEE'S PRE-EXISTING WORKS...................................................................
14
6.3
THIRD PARTY IP.................................................................................................
14
6.4
AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS ...............................
14
6.5
DELIVERY UPON TERMINATION OR EXPIRATION ..............................................
14
6.6
SURVIVAL............................................................................................................
15
6.7
SYSTEM AGENCY DATA......................................................................................
15
ARTICLE VII. PROPERTY............................................................................................15
7.1
USE OF STATE PROPERTY...................................................................................
15
7.2
DAMAGE TO STATE PROPERTY..........................................................................
16
7.3
PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT .......
16
7.4
EQUIPMENT AND PROPERTY...............................................................................
16
ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY .....
17
8.1
RECORD MAINTENANCE AND RETENTION.........................................................
17
8.2
AGENCY'S RIGHT TO AUDIT...............................................................................
17
8.3
RESPONSEXOMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ...................
18
8.4
STATE AUDITOR'S RIGHT TO AUDIT..................................................................
18
8.5
CONFIDENTIALITY..............................................................................................
18
ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED
ACTIVITIES.............................................................. »......................................................
18
9.1
REMEDIES............................................................................................................
18
9.2
TERMINATION FOR CONVENIENCE....................................................................
19
9.3
TERMINATION FOR CAUSE.................................................................................
19
9.4
GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS....
20
9.5
INHERENTLY RELIGIOUS ACTIVITIES................................................................
20
9.6
POLITICAL ACTIVITIES.......................................................................................
20
ARTICLE X. INDEMNITY..................................................................................I...........
21
10.1
GENERAL INDEMNITY.........................................................................................
21
10.2
INTELLECTUAL PROPERTY.................................................................................
21
10.3
ADDITIONAL INDEMNITY PROVISIONS...............................................................
21
ARTICLE XI. GENERAL PROVISIONS......................................................................
22
11.1
AMENDMENTS.....................................................................................................
22
11.2
NO QUANTITY GUARANTEES..............................................................................
22
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11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22
11.4 CERTIFICATION OF MEETING OR ERCEEDING TOBACCO -FREE WORKPLACE
POLICY MINIMUMSTANDARDS..........................................................................
22
11.5 INSURANCE AND BONDS......................................................................................
23
11.6 LIMITATION ON AUTHORITY..............................................................................
23
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS ............................................
24
11.8 SUBCONTRACTORS..............................................................................................24
11.9 PERMITTING AND LICENSURE............................................................................
24
11.10 INDEPENDENT CONTRACTOR.............................................................................
24
11.11 GOVERNING LAW AND VENUE...........................................................................
25
11.12 SEVERABILITY.....................................................................................................25
11.13 SURVIVABILITY...................................................................................................25
11.14 FORCE MA.IEURE................................................................................................
25
11.15 NO IMPLIED WAIVER OF PROVISIONS...............................................................
25
11.16 FUNDING DISCLAIMERS AND LABELING............................................................
25
11.17 MEDIA RELEASES...............................................................................................
26
11.18 PROHIBITION ON NON -COMPETE RESTRICTIONS .............................................
26
11.19 SOVEREIGN IMMUNITY.......................................................................................
26
11.20 ENTIRE CONTRACT AND MODIFICATION...........................................................
27
11.21 COUNTERPARTS..................................................................................................
27
11.22 PROPER AUTHORITY...........................................................................................
27
11.23 E-VERIFY PROGRAM ..........................................................................................27
11.24 CIVIL RIGHTS......................................................................................................
27
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS .................................
28
11.26 DISCLOSURE OF LITIGATION..............................................................................
28
11.27 NO THIRD PARTY BENEFICIARIES.....................................................................
29
11.28 BINDING EFFECT.................................................................................................
29
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ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS
1.1 DEFINrriom
As used in this Grant Agreement, unless a different definition is specified, or the context
clearly indicates otherwise, the following terms and conditions have the meanings assigned
below:
"Amendment" means a written agreement, signed by the Parties, which documents
changes to the Grant Agreement.
"Contract" or "Grant Agreement" means the agreement entered into by the Parties,
including the Signature Document, these Uniform Terms and Conditions, along with any
attachments and amendments that may be issued by the System Agency.
"Deliverables" means the goods, services, and work product, including all reports and
project documentation, required to be provided by Grantee to the System Agency.
"DSHS" means the Department of State Health Services.
"Effective Date" means the date on which the Grant Agreement takes effect.
"Federal Fiscal Year" means the period beginning October 1 and ending September 30
each year, which is the annual accounting period for the United States government.
"GAAP" means Generally Accepted Accounting Principles.
"GASB" means the Governmental Accounting Standards Board.
antee I means the Party receiving funds under this Grant Agreement. May also be
referred to as "subrecipient" or "contractor" in this document.
"HHSC" means the Texas Health and Human Services Commission.
"Health and Human Services" or "HHS" includes HHSC and DSHS.
"Intellectual Property Rights" means the worldwide proprietary rights or interests,
including patent, copyright, trade secret, and trademark rights, as such right may be
evidenced by or embodied in:
i. any idea, design, concept, personality right, method, process, technique,
apparatus, invention, discovery, or improvement;
ii. any work of authorship, including any compilation, computer code, website or
web page design, literary work, pictorial work, or graphic work;
iii. any trademark, service mark, trade dress, trade name, branding, or other indicia
of source or origin;
iv. domain name registrations; and
v. any other proprietary or similar rights. The Intellectual Property Rights of a Party
include all worldwide proprietary rights or interests that the Party may have
acquired by assignment, by exclusive license, or by license with the right to grant
sublicenses.
"Parties" means the System Agency and Grantee, collectively.
"Party" means either the System Agency or Grantee, individually.
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"Proiect 'means specific activities of the Grantee that are supported by funds provided
under this Grant Agreement.
"Signature Document" means the document executed by all Parties for this Grant
Agreement.
"Solicitation." "Funding Announcement" or "Request for Applications (RFA)" means
the document (including all exhibits, attachments, and published addenda), issued by the
System Agency under which applications for grant funds were requested, which is
incorporated by reference in the Grant Agreement for all purposes in its entirety.
"Solicitation Response" or "Application" means Grantee's full and complete Solicitation
response (including any attachments and addenda), which is incorporated by reference in
the Grant Agreement for all purposes in its entirety.
"State Fiscal Year" means the period beginning September 1 and ending August 31 each
year, which is the annual accounting period for the State of Texas.
"State of Texas Textravel" means the Texas Comptroller of Public Accounts' state travel
rules, policies, and guidelines.
"Statement of Work" means the description of activities Grantee must perform to complete
the Project, as specified in the Grant Agreement and as may be amended.
"System Agency" means HHSC or DSHS, as applicable.
"Work Product" means any and all works, including work papers, notes, materials,
approaches, designs, specifications, systems, innovations, improvements, inventions,
software, programs, source code, documentation, training materials, audio or audiovisual
recordings, methodologies, concepts, studies, reports, whether finished or unfmished,
and whether or not included in the deliverables, that are developed, produced, generated
or provided by Grantee in connection with Grantee's performance of its duties under the
Grant Agreement or through use of any fiinding provided under this Grant Agreement.
"Texas Grant Management Standards" or "TxGMS" means uniform grant and contract
administration procedures, developed under the authority of Chapter 783 of the
Texas Government Code, to promote the efficient use of public funds in local
government and in programs requiring cooperation among local, state, and federal
agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise
provided by applicable law or directed by System Agency. Additionally, except as
otherwise provided by applicable law, in the event of a conflict between TxGMS and
applicable federal or state law, federal law prevails over state law and state law prevails
over TxGMS.
1.2 INTERPRETIVE PROVISIONS
A. The meanings of defined terms include the singular and plural forms.
B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant
Agreement as a whole and not to any particular provision, section, attachment, or
schedule of this Grant Agreement unless otherwise specified.
C. The term "including" is not limiting and means "including without limitation" and,
unless otherwise expressly provided in this Grant Agreement, (i) references to contracts
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(including this Grant Agreement) and other contractual instruments shall be deemed to
include all subsequent Amendments and other modifications, but only to the extent that
such Amendments and other modifications are not prohibited by the terms of this Grant
Agreement, and (ii) references to any statute or regulation are to be construed as
including all statutory and regulatory provisions consolidating, amending, replacing,
supplementing, or interpreting the statute or regulation.
D. Any references to agreements, contracts, statutes, or administrative rules or regulations
in the Grant Agreement are references to these documents as amended, modified, or
supplemented during the tern of the Grant Agreement.
E. The captions and headings of this Grant Agreement are for convenience of reference
only and do not affect the interpretation of this Grant Agreement.
F. All attachments, including those incorporated by reference, and any Amendments are
considered part of the terns of this Grant Agreement.
G. This Grant Agreement may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and policies are
cumulative.
H. Unless otherwise expressly provided, reference to any action of the System Agency or
by the System Agency by way of consent, approval, or waiver will be deemed modified
by the phrase "in its sole discretion."
I. Time is of the essence in this Grant Agreement-
J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's
designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other
error. If Grantee fails to notify the System Agency designated contact of any ambiguity,
conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's
execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s).
No grantee will be entitled to additional reimbursement, relief, or time by reason of any
ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or
its later correction.
ARTICLE IL PAYMENT PROVISIONS
2.1 PROMPT PAYMENT
Payment shall be made in accordance with Chapter 2251 of the Texas Government Code,
commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas
Government Code shall govern remittance of payment and remedies for late payment and
non-payment.
2.2 TAXES
Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from
the Grant Agreement, including, but not limited to, any federal, State, or local income, sales
or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes
resulting from the Grant Agreement.
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2.3 ANCILLARY AND TRAVEL EXPENSES
A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by
the Grantee in connection with its provision of the services or deliverables will be
reimbursed by the System Agency. Ancillary expenses include, but are not limited to,
costs associated with transportation, delivery, and insurance for each deliverable.
B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel
expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in
accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can
currently be accessed at: ems: finx.cpa.texas.gov/fmxttravel/textravel/.
2.4 BILLING
Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in
accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement,
Grantee shall submit requests for reimbursement or payment monthly by the last business
day of the month following the month in which expenses were incurred or services provided.
Grantee shall maintain all documentation that substantiates invoices and make the
documentation available to the System Agency upon request.
2.5 USE OF FUNDS
Grantee shall expend funds under this Grant Agreement only for approved services and for
reasonable and allowable expenses directly related to those services.
2.6 USE FOR MATCH PROHIBITED
Grantee shall not use funds provided under this Grant Agreement for matching purposes
securing other funding without the written approval of the System Agency.
2.7 PROGRAM INCOME
Program income refers to gross income directly generated by a supporting activity during
the period of performance. Unless otherwise required under the Grant Agreement, Grantee
shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall
spend the Program Income on the Project. Grantee shall identify and report Program Income
in accordance with the Grant Agreement, applicable law, and any programmatic guidance.
Grantee shall expend Program Income during the Grant Agreement term, when earned, and
may not cant' Program Income forward to any succeeding term. Grantee shall refund
Program Income to the System Agency if the Program Income is not expended in the term in
which it is earned. The System Agency may base future funding levels, in part, upon
Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and
in using Program Income for the purposes and under the conditions specified in this Grant
Agreement.
2.8 NONSUPPLANTING
Grant funds must be used to supplement existing, new or corresponding programming and
related activities. Grant funds may not be used to supplant (replace) existing funds that have
been appropriated, allocated, or disbursed for the same purpose. System Agency may
conduct Grant monitoring or audits may be conducted to review, among other things,
Grantee's compliance with this provision.
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2.9 INDIRECT COST RATES
The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for
all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost
rates will be determined in accordance with applicable law including, but not limited to, 2
CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in
accordance with applicable law including, but not limited to, TxGMS. Grantees funded with
blended federal and state funding will be subject to both state and federal requirements when
determining indirect costs. In the event of a conflict between TxGMS and applicable federal
law or regulation, the provisions of federal law or regulation will apply. Grantee will provide
any necessary financial documents to determine the indirect cost rate in accordance with the
Uniform Grant Guidance (UGG) and TxGMS.
ARTICLE III. STATE AND FEDERAL FUNDING
3.1 EXCESS OBLIGATIONS PROHIBITED
This Grant Agreement is subject to termination or cancellation, without penalty to System
Agency, either in whole or in part, subject to the availability and actual receipt by System
Agency of state or federal funds. System Agency is a state agency whose authority and
appropriations are subject to actions of the Texas Legislature. If System Agency becomes
subject to a legislative change, revocation of statutory authority, or lack of appropriated
funds that would render either System Agency's or Grantee's delivery or performance under
the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or
cancelled and be deemed null and void. In the event of a termination or cancellation under
this Section, System Agency will not be liable to Grantee for any damages that are caused or
associated with such termination or cancellation, and System Agency will not be required to
give prior notice. Additionally, System Agency will not be liable to Grantee for any
remaining unpaid funds under this Grant Agreement at time of termination.
3.2 NO DEBT AGAINST THE STATE
This Grant Agreement will not be construed as creating any debt by or on behalf of the State
of Texas.
3.3 DEBTS AND DELINQUENCIES
Grantee agrees that any payments due under the Grant Agreement shall be directly applied
towards eliminating any debt or delinquency it has to the State of Texas including, but not
limited to, delinquent taxes, delinquent student loan payments, and delinquent child support
during the entirety of the Grant Agreement term.
3.4 REFUNDS AND OVERPAYMENTS
A. At its sole discretion, the System Agency may (i) withhold all or part of any payments to
Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or
if any required financial status report(s) is not submitted by the due date(s); or (ii) require
Grantee to promptly refund or credit - within thirty (30) calendar days of written notice -
to System Agency any funds erroneously paid by System Agency which are not expressly
authorized under the Grant Agreement.
B. "Overpayments" as used in this Section include payments (i) made by the System
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Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable
laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Grant
Agreement, including any unapproved expenditures. Grantee understands and agrees that
it shall be liable to the System Agency for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this Grant Agreement. Grantee further
understands and agrees that reimbursement of such disallowed costs shall be paid by
Grantee from fiords which were not provided or otherwise made available to Grantee
under this Grant Agreement.
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS
4.1 ALLOWABLE COSTS
A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant
Management Standards (TxGMS) and applicable state and federal rules and laws. This
Grant Agreement is subject to all applicable requirements of TxGMS, including the
criteria for Allowable Costs. Additional federal requirements apply if this Grant
Agreement is funded, in whole or in part, with federal funds.
B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred
by Grantee in performing the Project, provided the costs are sufficiently documented.
Grantee must have incurred a cost prior to claiming reimbursement and within the
applicable term to be eligible for reimbursement under this Grant Agreement. At its sole
discretion, the System Agency will determine whether costs submitted by Grantee are
allowable and eligible for reimbursement. The System Agency may take repayment
(recoup) from remaining funds available under this Grant Agreement in amounts
necessary to fulfill Grantee's repayment obligations. Grantee and all payments received
by Grantee under this Grant Agreement are subject to applicable cost principles, audit
requirements, and administrative requirements including applicable provisions under 2
CFR 200, 48 CFR Part 31, and TxGMS.
C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect
given to whichever provision imposes the more stringent requirement in the event of a
conflict.
4.2 AUDITS AND FINANCIAL STATEMENTS
A. Audits
i. Grantee understands and agrees that Grantee is subject to any and all applicable audit
requirements found in state or federal law or regulation or added by this Grant
Agreement
ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit
Determination Form. If Grantee fails to complete the form within thirty (30) calendar
days after receipt of notice, Grantee maybe subject to sanctions and remedies for
non-compliance.
iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a
single audit or program -specific audit in accordance with 2 CFR 200. The federal
threshold amount includes federal funds passed through by way of state agency
awards.
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iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a
single audit or program -specific audit in accordance with TxGMS. The audit must be
conducted by an independent certified public accountant and in accordance with 2
CFR 200, Government Auditing Standards, and TxGMS.
v. For -profit Grantees whose expenditures meet or exceed the federal or state
expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or
TxGMS, as applicable, for their program -specific audits.
vi. Each Grantee required to obtain a single audit must competitively re -procure single
audit services once every six years. Grantee shall procure audit services in
compliance with this section, state procurement procedures, as well as with
applicable provisions of 2 CFR 200 and TxGMS.
B. Financial Statements.
Each Grantee that does not meet the expenditure threshold for a single audit or program -
specific audit, must provide financial statements for the audit period.
4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS
A. Audits.
Due the earlier of 30 days after receipt of the independent certified public accountant's
report or nine months after the end of the fiscal year, Grantee shall submit one electronic
copy of the single audit or program -specific audit to the System Agency via:
i. HHS portal at s:i, is o a a e. it c a or,
ii. Email to: single audit report(dhhsc.state.tx.us.
B. Financial Statements.
Due no later than nine months after the Grantee's fiscal year-end, Grantees not required
to submit an audit, shall submit one electronic copy of their financial statements via:
i. HHS portal at hht sp /,IihMortal.lihs.state.tx.us/heartwebextr/hhscSau; or,
ii. Email to: single audit report(ahhsc.state.tx.us.
ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND
CERTIFICATIONS
5.1 WARRANTY
Grantee warrants that all work under this Grant Agreement shall be completed in a manner
consistent with standards under the terms of this Grant Agreement, in the applicable trade,
profession, or industry; shall conform to or exceed the specifications set forth in the Grant
Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no
material defects. If System Agency, in its sole discretion, determines Grantee has failed to
complete work timely or to perform satisfactorily under conditions required by this Grant
Agreement, the System Agency may require Grantee, at its sole expense, to:
i. Repair or replace all defective or damaged work;
ii. Refund any payment Grantee received from System Agency for all defective or
damaged work and, in conjunction therewith, require Grantee to accept the return of
such work; and,
iii. Take necessary action to ensure that Grantee's future performance and work conform
to the Grant Agreement requirements.
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5.2 GENERAL AFFIRMATIONS
Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement,
the Grantee has reviewed the affirmations and that Grantee is in compliance with all
requirements.
5.3 FEDERAL ASSURANCES
Grantee further certifies that, to the extent federal assurances are incorporated into the Grant
Agreement, the Grantee has reviewed the federal assurances and that Grantee is in
compliance with all requirements.
5.4 FEDERAL CERTIFICATIONS
Grantee further certifies that, to the extent federal certifications are incorporated into the
Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in
compliance with all requirements. In addition, Grantee certifies that it is in compliance with
all applicable federal laws, rules, and regulations, as they may pertain to this Grant Agreement.
5.5 STATE ASSURANCES
Except to the extent of any conflict under applicable law or requirements or guidelines of
any federal awarding agency from which funding for this Grant Agreement originated, the
Grantee must comply with the applicable state assurances included within the TxGMS
which are incorporated here by reference.
ARTICLE VL INTELLECTUAL PROPERTY
6.1 OWNERSHIP OF WORK PRODUCT
A. All right, title, and interest in the Work Product, including all Intellectual Property
Rights therein, is exclusively owned by System Agency. Grantee and Grantee's
employees will have no rights in or ownership of the Work Product or any other property
of System Agency.
B. Any and all Work Product that is copyrightable under United States copyright law is
deemed to be "work made for hire" owned by System Agency, as provided by Title 17
of the United States Code. To the extent that Work Product does not qualify as a "work
made for hire" under applicable federal law, Grantee hereby irrevocably assigns and
transfers to System Agency, its successors and assigns, the entire right, title, and interest
in and to the Work Product, including any and all Intellectual Property Rights
embodied therein or associated therewith, and in and to all works based upon, derived
from, or incorporating the Work Product, and in and to all income, royalties, damages,
claims and payments now or hereafter due or payable with respect thereto, and in and to
all causes of action, either in law or in equity for past, present or future infringement
based on the copyrights, and in and to all rights corresponding to the foregoing.
C. Grantee agrees to execute all papers and to perform such other acts as System Agency
may deem necessary to secure for System Agency or its designee the rights herein
assigned.
D. In the event that Grantee has any rights in and to the Work Product that cannot be
assigned to System Agency, Grantee hereby grants to System Agency an exclusive,
worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to
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sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform
and publicly display, make, have made, use, sell and offer for sale the Work Product and
any products developed by practicing such rights.
The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that
are incorporated in the Work Product by Grantee. Grantee shall provide System Agency
access during normal business hours to all Grantee materials, premises, and computer
files containing the Work Product.
6.2 GRANTEE'S PRE-EXISTING WORKS
A. To the extent that Grantee incorporates into the Work Product any works of Grantee that
were created by Grantee or that Grantee acquired rights in prior to the Effective Date of
this Grant Agreement ("Incorporated Pre-existing Works'), Grantee retains ownership
of such Incorporated Pre-existing Works.
B. Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive,
royalty -free, transferable, worldwide right and license, with the right to sublicense, to
use, reproduce, modify, copy, create derivative works of, publish, publicly perform and
display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in
any medium, with or without the associated Work Product.
C. Grantee represents, warrants, and covenants to System Agency that Grantee has all
necessary right and authority to grant the foregoing license in the Incorporated Pre-
existing Works to System Agency.
6.3 THIRD PARTY IP
A. To the extent that any Third Party IP is included or incorporated in the Work Product by
Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable
third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive,
worldwide, royalty -free right and license, for System Agency's internal business or
governmental purposes only, to use, reproduce, display, perform, distribute copies of,
and prepare derivative works based upon such Third Party IP and any derivative works
thereof embodied in or delivered to System Agency in conjunction with the Work
Product, and to authorize others to do any or all of the foregoing.
B. Grantee shall obtain System Agency's advance written approval prior to incorporating
any Third Party IP into the Work Product, and Grantee shall notify System Agency on
delivery of the Work Product if such materials include any Third Party IP.
C. Grantee shall provide System Agency all supporting documentation demonstrating
Grantee's compliance with this Section 6.3, including without limitation documentation
indicating a third parry's written approval for Grantee to use any Third Party IP that may
be incorporated in the Work Product.
6.4 AGREEMENTS wrrH EMPLOYEES AND SUBCONTRACTORS
Grantee shall have written, binding agreements with its employees and subcontractors that
include provisions sufficient to give effect to and enable Grantee's compliance with
Grantee's obligations under this Article VI, Intellectual Property.
6.5 DELIVERY UPON TERMINATION OR EXPIRATION
No later than the fast calendar day after the termination or expiration of the Grant Agreement
or upon System Agency's request, Grantee shall deliver to System Agency all completed, or
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partially completed, Work Product, including any Incorporated Pre-existing Works, and any
and all versions thereof. Grantee's failure to timely deliver such Work Product is a material
breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any
documentation or other products or results of Grantee's activities under the Grant Agreement
without the prior written consent of System Agency.
6.6 SURVIVAL
The provisions and obligations of this Article survive any termination or expiration of the
Grant Agreement.
6.7 SYSTEM AGENCY DATA
A. As between the Parties, all data and information acquired, accessed, or made available to
Grantee by, through, or on behalf of System Agency or System Agency contractors,
including all electronic data generated, processed, transmitted, or stored by Grantee in
the course of providing data processing services in connection with Grantee's
performance hereunder (the "System Agency Data"), is owned solely by System Agency.
B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of,
copy, disclose, or process the System Agency Data except as required for Grantee to
fulfill its obligations under the Grant Agreement or as authorized in advance in writing
by System Agency.
C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from
permitting any third party to use, System Agency Data for marketing, research, or other
non -governmental or commercial purposes, without the prior written consent of System
Agency.
D. Grantee shall make System Agency Data available to System Agency, including to
System Agency's designated vendors, as directed in writing by System Agency. T'he
foregoing shall be at no cost to System Agency.
E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect,
and/or transmit the System Agency Data shall not excuse Grantee's performance of its
obligations hereunder.
ARTICLE VII. PROPERTY
7.1 USE OF STATE PROPERTY
A. Grantee is prohibited from using State Property for any purpose other than performing
Services authorized under the Grant Agreement.
B. State Property includes, but is not limited to, System Agency's office space,
identification badges, System Agency information technology equipment and networks
(e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data
storage devices, any System Agency -issued software, and the System Agency Virtual
Private Network (VPN client)), and any other resources of System Agency.
C. Grantee shall not remove State Property from the continental United States. In addition,
Grantee may not use any computing device to access System Agency's network or e-
mail while outside of the continental United States.
D. Grantee shall not perform any maintenance services on State Property unless the Grant
Agreement expressly authorizes such Services.
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E. During the time that State Property is in the possession of Grantee, Grantee shall be
responsible for:
i. all repair and replacement charges incurred by State Agency that are associated with
loss of State Property or damage beyond normal wear and tear, and
ii. all charges attributable to Grantee's use of State Property that exceeds the Grant
Agreement scope. Grantee shall fully reimburse such charges to System Agency
within ten (10) calendar days of Grantee's receipt of System Agency's notice of
amount due. Use of State Property for a purpose not authorized by the Grant
Agreement shall constitute breach of contract and may result in termination of the
Grant Agreement and the pursuit of other remedies available to System Agency
under contract, at law, or in equity.
7.2 DAMAGE TO STATE PROPERTY
A In the event of loss, destruction, or damage to any System Agency or State of Texas
owned, leased, or occupied property or equipment by Grantee or Grantee's employees,
agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the
State of Texas for the full cost of repair, reconstruction, or replacement of the lost,
destroyed, or damaged property.
B- Grantee shall notify System Agency of the loss, destruction, or damage of equipment or
property within one (1) business day. Grantee shall reimburse System Agency and the
State of Texas for such property damage within ten (10) calendar days after Grantee's
receipt of System Agency's notice of amount due.
7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT
In the event the Grant Agreement is terminated for any reason or expires, State Property
remains the property of the System Agency and must be returned to the System Agency by
the earlier of the end date of the Grant Agreement or upon System Agency's request.
7.4 EQUIPMENT AND PROPERTY
A The Grantee must ensure equipment with a per -unit cost of $5,000 or greater purchased
with grant funds under this award is used solely for the purpose of this Grant or is
properly pro -rated for use under this Grant. Grantee must have control systems to
prevent loss, damage, or theft of property funded under this Grant. Grantee shall
maintain equipment management and inventory procedures for equipment, whether
acquired in part or whole with grant funds, until disposition occurs.
H When equipment acquired by Grantee under this Grant Agreement is no longer needed
for the original project or for other activities currently supported by System Agency, the
Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as
applicable. Upon termination of this Grant Agreement, use and disposal of equipment by
the Grantee shall conform with TxGMS requirements.
C Grantee shall initiate the purchase of all equipment approved in writing by the System
Agency in accordance with the schedule approved by System Agency, as applicable.
Failure to timely initiate the purchase of equipment may result in the loss of availability
of funds for the purchase of equipment. Requests to purchase previously approved
equipment after the first quarter in the Grant Agreement must be submitted to the
assigned System Agency contract manager.
D. Controlled Assets include firearms, regardless of the acquisition cost, and the following
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assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop
computers (including notebooks, tablets and similar devices), non -portable printers and
copiers, emergency management equipment, communication devices and systems,
medical and laboratory equipment, and media equipment. Controlled Assets are
considered supplies.
System Agency funds must not be used to purchase buildings or real property without
prior written approval from System Agency. Any costs related to the initial acquisition
of the buildings or real property are not allowable without written pre -approval.
ARTICLE VIII. RECORD RETENTION, AUDIT, AND
CONFIDENTIALITY
8.1 RECORD MAINTENANCE AND RETENTION
A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records necessary to fully disclose to the System Agency, the Texas State
Auditor's Office, the United States Government, and their authorized representatives
sufficient information to determine compliance with the terms and conditions of this Grant
Agreement and all state and federal rules, regulations, and statutes.
B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records
relating to the performance of the Grant Agreement, including supporting fiscal
documents adequate to ensure that claims for grant funds are in accordance with
applicable State of Texas requirements. These records shall be maintained and retained
by the Grantee for a minimum of seven (7) years after the Grant Agreement expiration
date or seven (7) years after all audits, claims, litigation or disputes involving the Grant
Agreement are resolved, whichever is later.
8.2 AGENCY's RIGHT TO AUDIT
A. Grantee shall make available at reasonable times and upon reasonable notice, and for
reasonable periods, work papers, reports, books, records, supporting documents kept
current by Grantee pertaining to the Grant Agreement for purposes of inspecting,
monitoring, auditing, or evaluating by System Agency and the State of Texas.
B. In addition to any right of access arising by operation of law, Grantee and any of
Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System
Agency or any of its duly authorized representatives, as well as duly authorized federal,
state or local authorities, unrestricted access to and the right to examine any site where
business is conducted or services are performed, and all records, which includes but is
not limited to financial, client and patient records, books, papers or documents related to
this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies
that shall have a right of access to records as described in this section include: the federal
agency providing the funds, the Comptroller General of the United States, the General
Accounting Office, the Office of the Inspector General, and any of their authorized
representatives. In addition, agencies of the State of Texas that shall have a right of
access to records as described in this section include: the System Agency, HHS's
contracted examiners, the State Auditor's Office, the Office of the Texas Attorney
General, and any successor agencies. Each of these entities may be a duly authorized
authority.
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C. If deemed necessary by the System Agency or any duly authorized authority, for the
purpose of investigation or hearing, Grantee shall produce original documents related to
this Grant Agreement.
D. The System Agency and any duly authorized authority shall have the right to audit
billings both before and after payment, and all documentation that substantiates the
billings.
E. Grantee shall include this provision concerning the right of access to, and examination
of, sites and information related to this Grant Agreement in any Subcontract it awards.
8.3 RESPONSE/COMPLIANCE WITH AUDITOR INSPECTION FINDINGS
A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections
necessary to address any fmding of noncompliance with any law, regulation, audit
requirement, or generally accepted accounting principle, or any other deficiency
identified in any audit, review, or inspection of the Grant Agreement and the services
and Deliverables provided. Any such correction will be at Grantee's or its
Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall
be solely the decision of the System Agency.
B. As part of the services, Grantee must provide to HHS upon request a copy of those
portions of Grantee's and its Subcontractors' internal audit reports relating to the services
and Deliverables provided to the State under the Grant Agreement.
8.4 STATE AUDITOR'S RIGHT TO AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the Grant Agreement or indirectly through a subcontract under the Grant
Agreement. The acceptance of funds directly under the Grant Agreement or indirectly
through a subcontract under the Grant Agreement acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. Under the direction of the legislative audit
committee, an entity that is the subject of an audit or investigation by the state auditor must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
8.5 CONFIDENTIALITY
Grantee shall maintain as confidential and shall not disclose to third parties without System
Agency's prior written consent, any System Agency information including but not limited to
System Agency's business activities, practices, systems, conditions and services. '11iis
section will survive termination or expiration of this Grant Agreement. This requirement
must be included in all subcontracts awarded by Grantee.
ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED
ACTIVITIES
9.1 REMEDIES
A To ensure Grantee's full performance of the Grant Agreement and compliance with
applicable law, System Agency reserves the right to hold Grantee accountable for breach
of contract or substandard performance and may take remedial or corrective actions,
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including, but not limited to the following:
i. temporarily withholding cash disbursements or reimbursements pending correction of
the deficiency;
ii. disallowing or denying use of funds for the activity or action deemed not to be in
compliance;
iii. disallowing claims for reimbursement that may require a partial or whole return of
previous payments or reimbursements;
iv. suspending all or part of the Grant Agreement,
v. requiring the Grantee to take specific actions in order to remain in compliance with
the Grant Agreement;
vi. recouping payments made by the System Agency to the Grantee found to be in error;
vii. suspending, limiting, or placing conditions on the Grantee's continued performance
of the Project;
viii. prohibiting the Grantee from receiving additional funds for other grant programs
administered by the System Agency until satisfactory compliance resolution is
obtained;
ix. withholding release of new grant agreements; and
x. imposing any other remedies, sanctions or penalties authorized under this Grant
Agreement or permitted by federal or state statute, law, regulation or rule.
k Unless expressly authorized by System Agency, Grantee may not be entitled to
reimbursement for expenses incurred while the Grant Agreement is suspended.
No action taken by System Agency in exercising remedies or imposing sanctions will
constitute or operate as a waiver of any other rights or remedies available to System
Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by
System Agency in exercising remedies or imposing sanctions will constitute or operate
as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by
System Agency, Grantee may not be entitled to reimbursement for expenses incurred
while the Grant Agreement is suspended or after termination.
9.2 TERMINATION FOR CONVENIENCE
The System Agency may terminate the Grant Agreement, in whole or in part, at any time
when, in its sole discretion, the System Agency determines that termination is in the best
interests of the State of Texas. The termination will be effective on the date specified in the
System Agency's notice of termination.
9.3 TERMINATION FOR CAUSE
A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the
System Agency may terminate the Grant Agreement, in whole or in part, upon either of
the following conditions:
i. Material Breach
The System Agency may terminate the Grant Agreement, in whole or in part, if
the System Agency determines, in its sole discretion, that Grantee has materially
breached the Grant Agreement or has failed to adhere to any laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction, whether or
not such violation prevents or substantially impairs performance of Grantee's duties
under the Grant Agreement. Grantee's misrepresentation in any aspect including,
but not limited to, of Grantee's Solicitation Application, if any, or Grantee's
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addition to the SAM exclusion list (identification in SAM as an excluded entity)
may also constitute a material breach of the Grant Agreement.
If. Failure to Maintain Financial Viability
The System Agency may terminate the Grant Agreement if the System Agency, in
its sole discretion, determines that Grantee no longer maintains the financial
viability required to complete the services and deliverables, or otherwise fully
perform its responsibilities under the Grant Agreement.
B. System Agency will specify the effective date of such termination in the notice to
Grantee. If no effective date is specified, the Grant Agreement will terminate on the
date of the notification.
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS
If the System Agency terminates the Grant Agreement for cause, the Grantee shall be
responsibleto the System Agency for all costs incurred by the System Agency and the State
of Texas to replace the Grantee. These costs include, but are not limited to, the costs of
procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's
failure to perform any work in accordance with the terms of the Grant Agreement.
9.5 INHERENTLY RELIGIOUS ACTIVITIES
Grantee may not use grant funding to engage in inherently religious activities, such as
proselytizing, scripture study, or worship. Grantees may engage in inherently religious
activities; however, these activities must be separate in time or location from the grant -
funded program. Moreover, grantees must not compel program beneficiaries to participate in
inherently religious activities. These requirements apply to all grantees, not just faith -based
organizations.
9,6 POLITICAL ACTIVITIES
Grant funds cannot be used for the following activities.
A. Grantees and their relevant sub -grantees or subcontractors are prohibited from using
grant funds directly or indirectly for political purposes, including lobbying, advocating
for legislation, campaigning for, endorsing, contributing to, or otherwise supporting
political candidates or parties, and voter registration campaigns. Grantees may use
private, or non -System Agency money or contributions for political purposes but may
not charge to, or be reimbursed from, System Agency contracts or grants for the costs of
such activities.
B. Grant -funded employees may not use official authority or influence to achieve any
political purpose and grant funds cannot be used for the salary, benefits, or any other
compensation of an elected official.
C. Grant funds may not be used to employ, in any capacity, a person who is required by
Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant
funds cannot be used to pay membership dues to an organization that partially or wholly
pays the salary of a person who is required by Chapter 305 of the Texas Government
Code to register as a lobbyist.
D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use
of appropriated funds to influence certain Federal contracting and financial transactions.
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ARTICLE X. INDEMNITY
10.1 GENERAL INDEMNITY
A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,
ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEYS' FEES, AND EXPENSES ARISING OUT OF OR RESULTING
FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS,
EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS
OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE
GRANT AGREEMENT.
B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE
CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD
HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR
LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OF OMISSIONS
OF THE SYSTEM AGENCY OR ITS EMPLOYEES.
C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other
entity under the Grant Agreement.
10.2 INTELLECTUAL PROPERTY
GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY
AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS, OR
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE
SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER
INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN
CONNECTION WITH OR ARISING FROM:
i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT;
i ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR
OTHER SERVICE PROVIDED HEREUNDER; AND/OR
R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF
ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO
SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM
AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE
UNDER THE GRANT AGREEMENT.
10.3 ADDITIONAL INDEMNITY PROVISIONS
A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM.
GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE,
INCLUDING ATTORNEYS' FEES.
B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE
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OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING
THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL.
C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF
TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER
AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND
COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM
AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS
INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS
REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL,
SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE
COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF
SYSTEM AGENCY'S COUNSEL.
ARTICLE XL GENERAL PROVISIONS
11.1 AMENDMENTS
Except as otherwise expressly provided, the Grant Agreement may only be amended by a
written Amendment executed by both Parties.
11.2 NO QUANTITY GUARANTEES
The System Agency makes no guarantee of volume or usage of work under this Grant
Agreement. All work requested may be on an irregular and as needed basis throughout the
Grant Agreement term.
11.3 CHILD ABUSE REPORTING REQUIREMENTS
A. Grantees shall comply with child abuse and neglect reporting requirements in Texas
Family Code Chapter 261. This section is in addition to and does not supersede any
other legal obligation of the Grantee to report child abuse.
B. Grantee shall develop, implement and enforce a written policy that includes at a
minimum the System Agency's Child Abuse Screening, Documenting, and Reporting
Policy for Grantees/Providers and train all staff on reporting requirements.
C. Grantee shall use the Texas Abuse Hotline Website located at
httvs:'/www.txabusehotiine.ore/LoeinrlJefault.asnx as required bythe System
Agency. Grantee shall retain reporting documentation on site and make it available for
inspection by the System Agency.
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO -FREE WORKPLACE POLICY
MINIMUM STANDARDS
A. Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that
meets or exceeds all of the following minimum standards of:
i. Prohibiting the use of all forms of tobacco products, including but not limited to
cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes,
smokeless tobacco, snuff and chewing tobacco;
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ii. Designating the property to which this Policy applies as a "designated area," which
must at least comprise all buildings and structures where activities funded under this
Grant Agreement are taking place, as well as Grantee owned, leased, or controlled
sidewalks, parking lots, walkways, and attached parking structures immediately
adjacent to this designated area;
iii. Applying to all employees and visitors in this designated area; and
iv. Providing for or referring its employees to tobacco use cessation services.
B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the
System Agency.
11.5 INSURANCE AND BONDS
Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the
duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this
Contract and potential liabilities thereunder with financially sound and reputable insurers
licensed by the Texas Department of Insurance, in the type and amount customarily carried
within the industry as determined by the System Agency. Grantee shall provide evidence of
insurance as required underthis Contract, including a schedule of coverage or underwriter's
schedules establishing to the satisfaction of the System Agency the nature and extent of
coverage granted by each such policy, upon request by the System Agency. In the event that
any policy is determined by the System Agency to be deficient to comply with the terms of
this Contract, Grantee shall secure such additional policies or coverage as the System
Agency may reasonably request or that are required by law or regulation. If coverage expires
during the term of this Contract, Grantee must produce renewal certificates for each type of
coverage. In addition, if required by System Agency, Grantee must obtain and have on file a
blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant
funds, including applicable matching funds. The fidelity bond must cover the entirety of the
grant term and any subsequent renewals. The failure of Grantee to comply with these
requirements may subject Grantee to remedial or corrective actions detailed in section 10.1,
General Indemnity, above.
These and all other insurance requirements under the Grant apply to both Grantee and its
Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance
with all requirements.
11.6 LIMITATION ON AUTHORITY
A. Grantee shall not have any authority to act for or on behalf of the System Agency or the
State of Texas except as expressly provided for in the Grant Agreement; no other
authority, power, or use is granted or implied. Grantee may not incur any debt,
obligation, expense, or liability of any kind on behalf of System Agency or the State of
Texas.
B. Grantee may not rely upon implied authority and is not granted authority under the Grant
Agreement to:
i. Make public policy on behalf of the System Agency;
ii. Promulgate, amend, or disregard administrative regulations or program policy
decisions made by State and federal agencies responsible for administration of a
System Agency program; or
iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas
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Legislature on behalf of the System Agency regarding System Agency programs or
the Grant Agreement. However, upon System Agency request and with reasonable
notice from System Agency to the Grantee, the Grantee shall assist the System
Agency in communications and negotiations regarding the Work under the Grant
Agreement with state and federal governments.
11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS
Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a
Grantee providing services and products required by the Grant Agreement to the State of
Texas, as these laws, regulations, requirements and guidelines currently exist and as amended
throughout the term of the Grant Agreement. Notwithstanding Section 11.1, Amendments,
above, System Agency reserves the right, in its sole discretion, to unilaterally amend the Grant
Agreement to incorporate any modifications necessary for System Agency's compliance, as
an agency of the State of Texas, with all applicable state and federal laws, regulations,
requirements and guidelines.
11.8 SUBCONTRACTORS
Grantee may not subcontract any or all of the Work and/or obligations under the Grant
Agreement without prior written approval of the System Agency. Subcontracts, if any,
entered into by the Grantee shall be in writing and be subject to the requirements of the
Grant Agreement. Should Grantee subcontract any of the services required in the Grant
Agreement, Grantee expressly understands and acknowledges System Agency is in no
manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve
Grantee of the responsibility for ensuring that the services performed under all subcontracts
are rendered in compliance with the Grant Agreement.
11.9 PERMITTING AND LICENSURE
At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant
Agreement any state, county, city, or federal license, authorization, insurance, waiver,
permit, qualification or certification required by statute, ordinance, law, or regulation to be
held by Grantee to provide the goods or services required by this Grant Agreement. Grantee
shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and
licenses required by law. Grantee shall be responsible for payment of any such government
obligations not paid by its Subcontractors during performance of this Grant Agreement.
11.10 INDEPENDENT CONTRACTOR
Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and
third -party service providers shall serve as independent contractors in providing the services
under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and
neither may make any commitments on the other party's behalf. The Grantee is not a
"governmental body" solely by virtue of this Grant Agreement or receipt of grant funds
under this Grant Agreement. Grantee shall have no claim against System Agency for
vacation pay, sick leave, retirement benefits, social security, worker's compensation, health
or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
The Grant Agreement shall not create any joint venture, partnership, agency, or employment
relationship between Grantee and System Agency.
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11.11 GOVERNING LAW AND VENUE
The Grant Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, without regard to the conflicts of law provisions. The venue of any suit
arisingunder the Grant Agreement is fixed in any court of competent jurisdiction of Travis
County, Texas, unless the specific venue is otherwise identified in a statute which directly
names or otherwise identifies its applicability to the System Agency.
11.12 SEVERABILrrY
If any provision contained in this Grant Agreement is held to be unenforceable by a court of
law or equity, such construction will not affect the legality, validity, or enforceability of any
other provision or provisions of this Grant Agreement. It is the intent and agreement of the
Parties this Grant Agreement shall be deemed amended by modifying such provision to the
extent necessary to render it valid, legal and enforceable while preserving its intent or, if
such modification is not possible, by substituting another provision that is valid, legal and
enforceable and that achieves the same objective. All other provisions of this Grant
Agreement will continue in full force and effect.
11.13 SURVIVABILrrY
Expiration or termination of the Grant Agreement for any reason does not release Grantee
from any liability or obligation set forth in the Grant Agreement that is expressly stated to
survive any such expiration or termination, that by its nature would be intended to be
applicable following any such expiration or termination, or that is necessary to fulfill the
essential purpose of the Grant Agreement, including without limitation the provisions
regarding return of grant funds, audit requirements, records retention, public information,
warranty, indemnification, confidentiality, and rights and remedies upon termination.
11.14 FORCE MAJEURE
Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of
performance, of any requirement included in the Grant Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until
after the causes of delay or failure have been removed provided the non -performing party
exercises all reasonable due diligence to perform. Force majeure is defined as acts of God,
war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are
beyond the reasonable control of either party and that by exercise of due foresight such party
could not reasonably have been expected to avoid, and which, by the exercise of all
reasonable due diligence, such party is unable to overcome.
11.15 NO IMPLIED WAIVER OF PROVISIONS
The failure of the System Agency to object to or to take affirmative action with respect to
any conduct of the Grantee which is in violation or breach of the terms of the Grant
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation or breach.
11.16 FUNDING DISCLAIMERS AND LABELING
A. Grantee shall not use System Agency's name or refer to System Agency directly or
indirectly in any media appearance, public service announcement, or disclosure relating
to this Grant Agreement including any promotional material without first obtaining
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written consent from System Agency. The foregoing prohibition includes, without
limitation, the placement of banners, pop-up ads, or other advertisements promoting
Grantee's or a third patty's products, services, workshops, trainings, or other commercial
offerings on any website portal or intemet-based service or software application hosted
or managed by Grantee. This does not limit the Grantee's responsibility to comply with
obligations related to the Texas Public Information Act or Texas Open Meetings Act.
In general, no publication (including websites, reports, projects, etc.) may convey
System Agency's recognition or endorsement of the Grantee's project without prior
written approval from System Agency. Publications funded in part or wholly by HHS
grant funding must include a statement that "HHS and neither any of its components
operate, control, are responsible for, or necessarily endorse, this publication (including,
without limitation, its content, technical infrastructure, and policies, and any services or
tools provided)" at HHS's request.
11.17 NIUMA RELEASES
A. Grantee shall not use System Agency's name, logo, or other likeness in any press
release, marketing material or other announcement without System Agency's prior
written approval. System Agency does not endorse any vendor, commodity, or service.
Grantee is not authorized to make or participate in any media releases or public
announcements pertaining to this Grant Agreement or the Services to which they relate
without System Agency's prior written consent, and then only in accordance with
explicit written instruction from System Agency.
B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant
Agreement with the System Agency's prior review and approval, which the System
Agency may exercise at its sole discretion. Any publication (written, visual, or sound)
will acknowledge the support received from the System Agency and any Federal agency,
as appropriate.
11.18 PROHIBITION ON NON -COMPETE RESTRICTIONS
Grantee shall not require any employees or Subcontractors to agree to any conditions, such
as non -compete clauses or other contractual arrangements, that would limit or restrict such
persons or entities from employment or contracting with the State of Texas.
11.19 SOVEREIGN IMMUNrrY
Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or
the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as
a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the
System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement,
of any privileges, rights, defenses, remedies, or immunities available to the System Agency
or the State of Texas under the Grant Agreement or under applicable law shall not constitute
a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a
basis for estoppel. System Agency does not waive any privileges, rights, defenses, or
immunities available to System Agency by entering into the Grant Agreement or by its
conduct prior to or subsequent to entering into the Grant Agreement.
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11.20 ENTIRE CONTRACT AND MODIFICATION
The Grant Agreement constitutes the entire agreement of the Parties and is intended as a
complete and exclusive statement of the promises, representations, negotiations, discussions,
and other agreements that may have been made in connection with the subject matter hereof.
Any additional or conflicting terms in any future document incorporated into the Grant
Agreement will be harmonized with this Grant Agreement to the extent possible.
11.21 COUNTERPARTS
This Grant Agreement may be executed in any number of counterparts, each of which will
be an original, and all such counterparts will together constitute but one and the same Grant
Agreement.
11.22 PROPER AUTHORITY
Each Party represents and warrants that the person executing this Grant Agreement on its
behalf has full power and authority to enter into this Grant Agreement.
11.23 E-VERIFY PROGRAM
Grantee certifies that it utilizes and will continue to utilize the U.S. Department of
Homeland Security's E-Verify system to determine the eligibility of:
A. all persons employed to perform duties within Texas during the term of the Grant
Agreement; and
B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant
to the Grant Agreement within the United States of America.
11.24 CIVIL RIGHTS
A. Grantee agrees to comply with state and federal anti -discrimination laws, including:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.),
ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and
vii. The System Agency's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Grant Agreement.
B. Grantee agrees to comply with all amendments to the above -referenced laws, and all
requirements imposed by the regulations issued pursuant to these laws. These laws
provide in part that no persons in the United States may, on the grounds of race, color,
national origin, sex, age, disability, political beliefs, or religion, be excluded from
participation in or denied any aid, care, service or other benefits provided by Federal or
State funding, or otherwise be subjected to discrimination.
C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its
implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a
contractor from adopting and implementing policies and procedures that exclude or have
the effect of excluding or limiting the participation of clients in its programs, benefits, or
activities on the basis of national origin. State and federal civil rights laws require
contractors to provide alternative methods for ensuring access to services for applicants
and recipients who cannot express themselves fluently in English. Grantee agrees to take
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reasonable steps to provide services and information, both orally and in writing, in
appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to
programs, benefits, and activities.
D. Grantee agrees to post applicable civil rights posters in areas open to the public
informing clients of their civil rights and including contact information for the HHS
Civil Rights Office. The posters are available on the HHS website at:
https:!Aihs.texas.gov:about-hhs!vour-rights civil-rights-office!civil-rights-posters.
E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations
at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that
participates in programs funded by direct financial assistance from the United States
Department of Agriculture or the United States Department of Health and Human
Services shall not discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief.
F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the
Grantee's civil rights policies and procedures.
G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination
received relating to its performance under this Grant Agreement. This notice must be
delivered no more than ten (10) calendar days after receipt of a complaint. Notice
provided pursuant to this section must be directed to:
HHSC Civil Rights Office
701 W. 51st Street, Mail CodeW206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 43 8-43 13
Fax: (512) 438-5885
Email: HHSCivilRightsOffice@hhsc.state.tx.us.
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS
Grantee shall conform to HHS standards for data management as described by the policies
of the HHS Chief Data and Analytics Officer. These include, but are not limited to,
standards for documentation and communication of data models, metadata, and other data
definition methods that are required by HHS for ongoing data governance, strategic portfolio
analysis, interoperability planning, and valuation of HHS System data assets.
11.26 DISCLOSURE OF LITIGATION
A. The Grantee must disclose in writing to the contract manager assigned to this Grant
Agreement any material civil or criminal litigation or indictment either threatened or
pending involving the Grantee. "Threatened litigation" as used herein shall include
governmental investigations and civil investigative demands. "Litigation" as used herein
shall include administrative enforcement actions brought by governmental agencies. The
Grantee must also disclose any material litigation threatened or pending involving
Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material"
refers, but is not limited, to any action or pending action that a reasonable person
knowledgeable in the applicable industry would consider relevant to the Work under the
Grant Agreement or any development such a person would want to be aware of in order
to stay fully apprised of the total mix of information relevant to the Work, together with
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any litigation threatened or pending that may result in a substantial change in the
Grantee's financial condition.
B. This is a continuing disclosure requirement; any litigation commencing after Grant
Agreement Award must be disclosed in a written statement to the assigned contract
manager within seven calendar days of its occurrence.
11.27 No THIRD PARTY BENEFICIARIES
The Grant Agreement is made solely and specifically among and for the benefit of the
Parties named herein and their respective successors and assigns, and no other person shall
have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on
account of the Grant Agreement as a third -party beneficiary or otherwise.
11.28 BINDING EFFECT
The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable
against each Party and their respective permitted successors, assigns, transferees, and
delegates.
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ATTACHMENT D
HEALTH AND HUMAN SERVICES
Contract Number
Attachment D CONTRACT AFFIRMATIONS
For purposes of these Contract Affirmations, HHS includes both the Health and Human Services
Commission (HHSC) and the Department of State Health Services (DSHS). System Agency
refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract
Affirmations apply to all Contractors and Grantees (referred to as "Contractor") regardless of
their business form (e.g., individual, partnership, corporation).
By entering into this Contract, Contractor affirms, without exception, understands, and agrees to
comply with the following items through the life of the Contract:
1. Contractor represents and warrants that these Contract Affirmations apply to Contractor
and all of Contractor's principals, officers, directors, shareholders, partners, owners,
agents, employees, subcontractors, independent contractors, and any other representatives
who may provide services under, who have a financial interest in, or otherwise are
interested in this Contract and any related Solicitation.
Complete and Accurate Information
Contractor represents and warrants that all statements and information provided to HHS
are current, complete, and accurate. This includes all statements and information in this
Contract and any related Solicitation Response.
Public Information Act
Contractor understands that HHS will comply with the Texas Public information Act
(Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and
opinions of the Attorney General of the State of Texas. Information, documentation, and
other material prepared and submitted in connection with this Contract or any related
Solicitation may be subject to public disclosure pursuant to the Texas Public Information
Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is
required to make any information created or exchanged with the State pursuant to the
Contract, and not otherwise excepted from disclosure under the Texas Public Information
Act, available in a format that is accessible by the public at no additional charge to the
State.
Contracting Information Requirements
Contractor represents and warrants that it will comply with the requirements of Section
552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of
the Texas Government Code, the requirements of Subchapter J (Additional Provisions
Related to Contracting Information), Chapter 552 of the Government Code, may apply to
the Contract and the Contractor agrees that the Contract can be terminated if the
Contractor knowingly or intentionally fails to comply with a requirement of that
subchapter.
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Assignment
A. Contractor shall not assign its rights under the Contract or delegate the performance
of its duties under the Contract without prior written approval from System Agency.
Any attempted assignment in violation of this provision is void and without effect.
B. Contractor understands and agrees the System Agency may in one or more
transactions assign, pledge, or transfer the Contract. Upon receipt of System
Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with
System Agency in giving effect to such assignment, pledge, or transfer, at no cost to
System Agency or to the recipient entity.
6. Terms and Conditions
Contractor accepts the Solicitation terms and conditions unless specifically noted by
exceptions advanced in the form and manner directed in the Solicitation, if any, under
which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation,
as well as terms and conditions advanced by Contractor that differ in any manner from
HHS' terms and conditions, if any, are rejected unless expressly accepted by System
Agency in writing.
7. HHS Right to Use
Contractor agrees that HHS has the right to use, produce, and distribute copies of and to
disclose to HHS employees, agents, and contractors and other governmental entities all or
part of this Contract or any related Solicitation Response as HHS deems necessary to
complete the procurement process or comply with state or federal laws.
8. Release from Liability
Contractor generally releases from liability and waives all claims against any party
providing information about the Contractor at the request of System Agency.
9. Dealings with Public Servants
Contractor has not given, has not offered to give, and does not intend to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant in connection with this Contract or any
related Solicitation, or related Solicitation Response.
10. Financial Participation Prohibited
Under Section 2155.004, Texas Government Code (relating to financial participation in
preparing solicitations), Contractor certifies that the individual or business entity named
in this Contract and any related Solicitation Response is not ineligible to receive this
Contract and acknowledges that this Contract may be terminated and payment withheld if
this certification is inaccurate.
11. Prior Disaster Relief Contract Violation
Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to
convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other
disasters), the Contractor certifies that the individual or business entity named in this
Contract and any related Solicitation Response is not ineligible to receive this Contract
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and acknowledges that this Contract may be terminated and payment withheld if this
certification is inaccurate.
12. Child Support Obligation
Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor
certifies that the individual or business entity named in this Contract and any related
Solicitation Response is not ineligible to receive the specified payment and acknowledges
that the Contract may be terminated and payment may be withheld if this certification is
inaccurate.
13. Suspension and Debarment
Contractor certifies that it and its principals are not suspended or debarred from doing
business with the state or federal government as listed on the State of Texas Debarred
Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management (SAM) maintained by the General Services Administration. This
certification is made pursuant to the regulations implementing Executive Order 12549
and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any
relevant regulations promulgated by the Department or Agency funding this project. This
provision shall be included in its entirety in Contractor's subcontracts, if any, if payment
in whole or in part is from federal funds.
14. Excluded Parties
Contractor certifies that it is not listed in the prohibited vendors list authorized by
Executive Order 13224, 'Blocking Property and Prohibiting Transactions with Persons
Who Commit, Threaten to Commit, or Support Terrorism, " published by the United
States Department of the Treasury, Office of Foreign Assets Control.'
15. Foreign Terrorist Organizations
Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or
a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas
Government Code.
16. Executive Head of a State Agency
In accordance with Section 669.003 of the Texas Government Code, relating to
contracting with the executive head of a state agency, Contractor certifies that it is not (1)
the executive head of an HHS agency, (2) a person who at any time during the four years
before the date of this Contract was the executive head of an HHS agency, or (3) a person
who employs a current or former executive head of an HHS agency.
17. Human Trafficking Prohibition
Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the
individual or business entity named in this Contract is not ineligible to receive this
Contract and acknowledges that this Contract may be terminated and payment withheld if
this certification is inaccurate.
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M Franchise Tax Status
Contractor represents and warrants that it is not currently delinquent in the payment of
any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.
19. Debts and Delinquencies
Contractor agrees that any payments due under this Contract shall be applied towards any
debt or delinquency that is owed to the State of Texas.
20. Lobbying Prohibition
Contractor represents and warrants that payments to Contractor and Contractor's receipt
of appropriated or other funds under this Contract or any related Solicitation are not
prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code
(relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying
expenses, or influence legislation).
21. Buy Texas
Contractor agrees to comply with Section 2155.4441 of the Texas Government Code,
requiring the purchase of products and materials produced in the State of Texas in
performing service contracts.
22. Disaster Recovery Plan
Contractor agrees that upon request of System Agency, Contractor shall provide copies of
its most recent business continuity and disaster recovery plans.
23. Computer Equipment Recycling Program
If this Contract is for the purchase or lease of computer equipment, then Contractor
certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and
Safety Code related to the Computer Equipment Recycling Program and the Texas
Commission on Environmental Quality rules in 30 TAC Chapter 328.
24. Television Equipment Recycling Program
If this Contract is for the purchase or lease of covered television equipment, then
Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas
Health and Safety Code related to the Television Equipment Recycling Program.
25. Cybersecurity Training
A. Contractor represents and warrants that it will comply with the requirements of
Section 2054.5192 of the Texas Government Code relating to cybersecurity training
and required verification of completion of the training program.
B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or
employees of Contractor have access to any state computer system or database, the
Contractor, Subcontractors, officers, and employees of Contractor shall complete
cybersecurity training pursuant to and in accordance with Government Code, Section
2054.5192.
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26. Restricted Employment for Certain State Personnel
Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government
Code, a former state officer or employee of a state agency who during the period of state
service or employment participated on behalf of a state agency in a procurement or
contract negotiation involving Contractor may not accept employment from Contractor
before the second anniversary of the date the Contract is signed or the procurement is
terminated or withdrawn.
27. No Conflicts of Interest
A. Contractor represents and warrants that it has no actual or potential conflicts of
interest in providing the requested goods or services to System Agency under this
Contract or any related Solicitation and that Contractor's provision of the requested
goods and/or services under this Contract and any related Solicitation will not
constitute an actual or potential conflict of interest or reasonably create an appearance
of impropriety.
B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is
made aware of a Conflict of Interest, Contractor will immediately and fully disclose
such interest in writing to System Agency. In addition, Contractor will promptly and
fully disclose any relationship that might be perceived or represented as a conflict
after its discovery by Contractor or by System Agency as a potential conflict. System
Agency reserves the right to make a final determination regarding the existence of
Conflicts of Interest, and Contractor agrees to abide by System Agency's decision.
28. Fraud, Waste, and Abuse
Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse.
Violations of law, agency policies, or standards of ethical conduct will be investigated,
and appropriate actions will be taken. Pursuant to Texas Government Code, Section
321.022, if the administrative head of a department or entity that is subject to audit by the
state auditor has reasonable cause to believe that money received from the state by the
department or entity or by a client or contractor of the department or entity may have
been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has
occurred in relation to the operation of the department or entity, the administrative head
shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO).
All employees or contractors who have reasonable cause to believe that fraud, waste, or
abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent,
employee, or subcontractor that would constitute fraud, waste, or abuse) are required to
immediately report the questioned activity to the Health and Human Services
Commission's Office of Inspector General. Contractor agrees to comply with all
applicable laws, rules, regulations, and System Agency policies regarding fraud, waste,
and abuse including, but not limited to, HHS Circular C-027.
A report to the SAO must be made through one of the following avenues:
• SAO Toll Free Hotline: 1-800-TX-AUDIT
• SAO website: http: sao.fraud.state .tx.us:
All reports made to the OIG must be made through one of the following avenues:
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• OIG Toll Free Hotline 1-800-436-6184
• OIG Website: ReportTexasFraud.com
• Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us
• OIG Hotline Email: OIGFraudHotiine@hhsc.state.tx.us.
• OIG Mailing Address: Office of Inspector General
Attn: Fraud Hotline
MC 1300
P.O. Box 85200
Austin, Texas 78708-5200
29. Antitrust
The undersigned affirms under penalty of perjury of the laws of the State of Texas that:
A. in connection with this Contract and any related Solicitation Response, neither I nor
any representative of the Contractor has violated any provision of the Texas Free
Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
B. in connection with this Contract and any related Solicitation Response, neither I nor
any representative of the Contractor has violated any federal antitrust law; and
C. neither I nor any representative of the Contractor has directly or indirectly
communicated any of the contents of this Contract and any related Solicitation
Response to a competitor of the Contractor or any other company, corporation, firm,
partnership or individual engaged in the same line of business as the Contractor.
30. Legal and Regulatory Actions
Contractor represents and warrants that it is not aware of and has received no notice of
any court or governmental agency proceeding, investigation, or other action pending or
threatened against Contractor or any of the individuals or entities included in numbered
paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately
preceding execution of this Contract or the submission of any related Solicitation
Response that would or could impair Contractor's performance under this Contract, relate
to the contracted or similar goods or services, or otherwise be relevant to System
Agency's consideration of entering into this Contract. If Contractor is unable to make the
preceding representation and warranty, then Contractor instead represents and warrants
that it has provided to System Agency a complete, detailed disclosure of any such court
or governmental agency proceeding, investigation, or other action that would or could
impair Contractor's performance under this Contract, relate to the contracted or similar
goods or services, or otherwise be relevant to System Agency's consideration of entering
into this Contract. In addition, Contractor acknowledges this is a continuing disclosure
requirement. Contractor represents and warrants that Contractor shall notify System
Agency in writing within five (5) business days of any changes to the representations or
warranties in this clause and understands that failure to so timely update System Agency
shall constitute breach of contract and may result in immediate contract termination.
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31. No Felony Criminal Convictions
Contractor represents that neither Contractor nor any of its employees, agents, or
representatives, including any subcontractors and employees, agents, or representative of
such subcontractors, have been convicted of a felony criminal offense or that if such a
conviction has occurred Contractor has fully advised System Agency in writing of the
facts and circumstances surrounding the convictions.
32. Unfair Business Practices
Contractor represents and warrants that it has not been the subject of allegations of
Deceptive Trade Practices violations under Chapter 17 of the Texas Business and
Commerce Code, or allegations of any unfair business practice in any administrative
hearing or court suit and that Contractor has not been found to be liable for such practices
in such proceedings- Contractor certifies that it has no officers who have served as
officers of other entities who have been the subject of allegations of Deceptive Trade
Practices violations or allegations of any unfair business practices in an administrative
hearing or court suit and that such officers have not been found to be liable for such
practices in such proceedings.
33. Entities that Boycott Israel
Contractor represents and warrants that (1) it does not, and shall not for the duration of
the Contract, boycott Israel or (2) the verification required by Section 2271.002 of the
Texas Government Code does not apply to the Contract. If circumstances relevant to this
provision change during the course of the Contract, Contractor shall promptly notify
System Agency.
34. E-Verity
Contractor certifies that for contracts for services, Contractor shall utilize the U.S.
Department of Homeland Security's E-Verify system during the term of this Contract to
determine the eligibility of:
1. all persons employed by Contractor to perform duties within Texas; and
2. all persons, including subcontractors, assigned by Contractor to perform work
pursuant to this Contract within the United States of America.
35. Former Agency Employees — Certain Contracts
If this Contract is an employment contract, a professional services contract under Chapter
2254 of the Texas Government Code, or a consulting services contract under Chapter
2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas
Government Code, Contractor represents and warrants that neither Contractor nor any of
Contractor's employees including, but not limited to, those authorized to provide services
under the Contract, were former employees of an HHS Agency during the twelve (12)
month period 'immediately prior to the date of the execution of the Contract.
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36. Disclosure of Prior State Employment— Consulting Services
If this Contract is for consulting services,
A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor
providing consulting services who has been employed by, or employs an individual
who has been employed by, System Agency or another State of Texas agency at any
time during the two years preceding the submission of Contractor's offer to provide
services must disclose the following information in its offer to provide services.
Contractor hereby certifies that this information was provided and remains true,
correct, and complete:
1. Name of individual(s) (Contractor or employee(s));
2. Status;
3. The nature of the previous employment with HHSC or the other State of Texas
agency;
4. The date the employment was terminated and the reason for the termination; and
5. The annual rate of compensation for the employment at the time of its
termination.
B. If no information was provided in response to Section A above, Contractor certifies
that neither Contractor nor any individual employed by Contractor was employed by
System Agency or any other State of Texas agency at any time during the two years
preceding the submission of Contractor's offer to provide services.
37. Abortion Funding Limitation
Contractor understands, acknowledges, and agrees that, pursuant to Article IX of the
General Appropriations Act (the Act), to the extent allowed by federal and state law,
money appropriated by the Texas Legislature may not be distributed to any individual or
entity that, during the period for which funds are appropriated under the Act:
1. performs an abortion procedure that is not reimbursable under the state's Medicaid
program;
2. is commonly owned, managed, or controlled by an entity that performs an abortion
procedure that is not reimbursable under the state's Medicaid program; or
3. is a franchise or affiliate of an entity that performs an abortion procedure that is not
reimbursable under the state's Medicaid program.
The provision does not apply to a hospital licensed under Chapter 241, Health and Safety
Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor
represents and warrants that it is not ineligible, nor will it be ineligible during the term of
this Contract, to receive appropriated funding pursuant to Article IX.
38. Funding Eligibility
Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 (eff.
Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that
Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion
provider. Contractor certifies that it is not ineligible to contract with HHSC under the
terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code.
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39. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment (2 CFR 200.216)
Contractor certifies that the individual or business entity named in this Response or
Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR
200.216.
40. COVID-19 Vaccine Passports
Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that
it does not require its customers to provide any documentation certifying the customer's
COVID-19 vaccination or post -transmission recovery on entry to, to gain access to, or to
receive service from the Contractor's business. Contractor acknowledges that such a
vaccine or recovery requirement would make Contractor ineligible for a state -funded
contract.
41. Entities that Boycott Energy Companies
In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S., pursuant to Section
2274.002 of the Texas Government Code (relating to prohibition on contracts with
companies boycotting certain energy companies), Contractor represents and warrants
that: (1) it does not, and will not for the duration of the Contract, boycott energy
companies or (2) the verification required by Section 2274,002 of the Texas Government
Code does not apply to the Contract. If circumstances relevant to this provision change
during the course of the Contract, Contractor shall promptly notify System Agency.
42. Entities that Discriminate Against Firearm and Ammunition Industries
In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S., pursuant to Section
2274.002 of the Texas Government Code (relating to prohibition on contracts with
companies that discriminate against firearm and ammunition industries), Contractor
verifies that (1) it does not, and will not for the duration of the Contract, have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association or (2) the verification required by Section 2274.002 of the Texas Government
Code does not apply to the Contract. If circumstances relevant to this provision change
during the course of the Contract, Contractor shall promptly notify System Agency.
43. Security Controls for State Agency Data
In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S., pursuant to Texas
Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees
that if, pursuant to this Contract, Contractor is or will be authorized to access, transmit,
use, or store data for System Agency, Contractor is required to meet the security controls
the System Agency determines are proportionate with System Agency's risk under the
Contract based on the sensitivity of System Agency's data and that Contractor must
periodically provide to System Agency evidence that Contractor meets the security
controls required under the Contract.
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44. Cloud Computing State Risk and Authorization Management Program
In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S., pursuant to Texas
Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if
providing cloud computing services for System Agency, Contractor must comply with
the requirements of the state risk and authorization management program and that System
Agency may not enter or renew a contract with Contractor to purchase cloud computing
services for the agency that are subject to the state risk and authorization management
program unless Contractor demonstrates compliance with program requirements. If
providing cloud computing services for System Agency that are subject to the state risk
and authorization management program, Contractor certifies it will maintain program
compliance and certification throughout the term of the Contract.
45. Office of Inspector General Investigative Findings Expert Review
In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it
possesses the necessary occupational licenses and experience.
46. Contract for Professional Services of Physicians, Optometrists, and Registered
Nurses
In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it
possesses the necessary occupational licenses and experience.
47. Foreign -Owned Companies in Connection with Critical Infrastructure
If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts
with certain foreign -owned companies in connection with critical infrastructure) is
applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor
certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent
company, is: (1) majority owned or controlled by citizens or governmental entities of
China, Iran, North Korea, Russia, or any other country designated by the Governor under
Government Code Section 2274.0103, or (2) headquartered in any of those countries.
48. Critical Infrastructure Subcontracts
For purposes of this Paragraph, the designated countries are China, Iran, North Korea,
Russia, and any countries lawfully designated by the Governor as a threat to critical
infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code,
Contractor shall not enter into a subcontract that will provide direct or remote access to or
control of critical infrastructure, as defined by Section 113.001 of the Texas Business and
Commerce Code, in this state, other than access specifically allowed for product warranty
and support purposes to any subcontractor unless (i) neither the subcontractor nor its
parent company, nor any affiliate of the subcontractor or its parent company, is majority
owned or controlled by citizens or governmental entities of a designated country; and (ii)
neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or
its parent company, is headquartered in a designated country. Contractor will notify the
System Agency before entering into any subcontract that will provide direct or remote
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access to or control of critical infrastructure, as defined by Section 113.001 of the Texas
Business & Commerce Code, in this state.
49. Enforcement of Certain Federal Firearms Laws Prohibited
In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government
Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not
ineligible to receive state grant funds pursuant to Texas Government Code, Section
2.103.
50. Prohibition on Abortions
Contractor understands, acknowledges, and agrees that, pursuant to Article II of the
General Appropriations Act, (1) no funds shall be used to pay the direct or indirect costs
(including marketing, overhead, rent, phones, and utilities) of abortion procedures
provided by contractors of HHSC; and (2) no funds appropriated for Medicaid Family
Planning, Healthy Texas Women Program, or the Family Planning Program shall be
distributed to individuals or entities that perform elective abortion procedures or that
contract with or provide funds to individuals or entities for the performance of elective
abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it
be ineligible during the term of this Contract, to receive appropriated funding pursuant to
Article 1I.
51. False Representation
Contractor understands, acknowledges, and agrees that any false representation or any
failure to comply with a representation, warranty, or certification made by Contractor is
subject to all civil and criminal consequences provided at law or in equity including, but
not limited to, immediate termination of this Contract.
52. False Statements
Contractor represents and warrants that all statements and information prepared and
submitted by Contractor in this Contract and any related Solicitation Response are
current, complete, true, and accurate. Contractor acknowledges any false statement or
material misrepresentation made by Contractor during the performance of this Contract
or any related Solicitation is a material breach of contract and may void this Contract.
Further, Contractor understands, acknowledges, and agrees that any false representation
or any failure to comply with a representation, warranty, or certification made by
Contractor is subject to all civil and criminal consequences provided at law or in equity
including, but not limited to, immediate termination of this Contract.
53. Permits and License
Contractor represents and warrants that it will comply with all applicable laws and
maintain all permits and licenses required by applicable city, county, state, and federal
rules, regulations, statutes, codes, and other laws that pertain to this Contract.
54. Drug -Free Workplace
Contractor represents and warrants that it shall comply with the applicable provisions of
the Drug -Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug -free
work environment.
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55. Equal Employment Opportunity
Contractor represents and warrants its compliance with all applicable duly enacted state
and federal laws governing equal employment opportunities.
56. Federal Occupational Safety and Health Law
Contractor represents and warrants that all articles and services shall meet or exceed the
safety standards established and promulgated under the Federal Occupational Safety and
Health Act of 1970, as amended (29 U.S.C. Chapter 15).
57. Signature Authority
Contractor represents and warrants that the individual signing this Contract Affirmations
document is authorized to sign on behalf of Contractor and to bind the Contractor.
Signature Page Follows
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Authorized representative on behalf of Contractor must complete and sign the following:
City of Lubbock
Legal Name of Contractor
City of Lubbock
Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as')
City of Lubbock
Texas County(s) for Assumed Business Name (d/b/a or `doing business as')
Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed
Name Certificate(s), if any, for each Texas County Where Assumed Name Certificate(s) has
been filed.
IDocuSigned by:
Vaan.it,(, Pops,
Signature of Authorized Representative
Daniel Pope
Printed Name of Authorized Representative
First, Middle Name or Initial, and Last Name
1314 Ave K
Physical Street Address
PO Box 2000
Mailing Address, If different
806-775-2010
Phone Number
dpope@mylubbock.us
Email Address
75-6000590
Federal Employer Identification Number
17560005906
Texas Franchise Tax Number
February 24, 2022
Date Signed
Mayor
Title of Authorized Representative
Lubbock, TX 79401
City, State, Zip Code
Lubbock, TX 79457
City, State, Zip Code
806-775-3335
Fax Number
058213893
DUNS Number
17560005906
Texas Payee ID No. —11 digits
17560005906
Texas Secretary of State Filing
Number
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ATTACHMENT E
TEXAS
Health and Human Services
Health and Human Services (HHS)
Additional Provisions — Grant Funding
Version 1.0
Effective: February 2021
Health and Human Services
Additional Provisions V.1 0 — Grant Funding
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TABLE OF CONTENTS
1.
TURNOVER PLAN.............................................................................................................. 3
2.
TURNOVER ASSISTANCE................................................................................................ 3
3.
TRADEMARK LICENSE...................................................................................................3
4.
TRADEMARK OWNERSHIP............................................................................................4
5.
ELECTRICAL ITEMS........................................................................................................4
6.
DISASTER SERVICES........................................................................................................4
7.
NOTICE OF A LICENSE ACTION................................................................................... 4
8.
EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES .................................... 5
9.
CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND SURGICAL
TREATMENT OF A CHILD.............................................................................................. 5
10.
TELEMEDICINE/TELEHEALTH SERVICES............................................................... 5
11.
SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH
PROFICIENCY.................................................................................................................... 5
12.
THIRD PARTY PAYORS...................................................................................................6
13.
HIV/AIDS MODEL WORKPLACE GUIDELINES........................................................ 6
14.
MEDICAL RECORDS RETENTION................................................................................ 6
15.
INTERIM EXTENSION AMENDMENT.......................................................................... 7
16.
PROJECT COMMENCEMENT........................................................................................ 7
17.
DUPLICATION OF FUNDING.......................................................................................... 7
I&
NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS .................... 7
19.
NOTICE OF GRANT AGREEMENT/CONTRACT ACTION ....................................... 8
20.
NOTICE OF BANKRUPTCY............................................................................................. 8
21.
NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL ................. 8
Health and Human Services
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ADDITIONAL PROVISIONS
The terms and conditions of these Additional Provisions are incorporated into and made a part of
the Contract. Terms included in these Additional Provisions and not otherwise defined have the
meanings assigned to them in HHS Uniform Terns and Conditions, [Attachment E].
1. TURNOVER PLAN
System Agency, in its sole discretion, may require GranteeiContractor to develop and submit
a Turnover Plan at any time during the term of the Grant Agreement/Contract.
GranteelContractor must submit the Turnover Plan to System Agency for review and
approval. The Turnover Plan must describe Grantee, Contractor's policies and procedures
that will ensure:
i. The least disruption in the implementation and performance of grant -funded activities
during Turnover; and
ii. Full cooperation with System Agency or its designee in transferring the performance
and obligations of the Grant Agreement/Contract.
2. TURNOVER ASSISTANCE
Grantee/Contractor will provide any assistance and actions reasonably necessary to enable
System Agency or its designee to effectively close out the Grant Agreement/Contract and
transfer the performance and obligations of the Grant Agreement/Contract to another
Grantee/Contractor or to System Agency if necessary. Grantee iContractor agrees that this
obligation survives the termination, regardless of whether for cause or convenience, or the
expiration of the Grant Agreement/Contract and remains in effect until completed to the
satisfaction of System Agency.
3. TRADEMARK LICENSE
System Agency grants to GranteelContractor, for the term of the Grant Agreement/Contract,
a limited non-exclusive, royalty -free, non -assignable, non -transferable license to reproduce
System Agency's trademarks on published materials in the United States related to the
performance of the Grant Agreement�Contract, provided that such license is expressly
conditional upon, and subject to, the following:
i. Grantee. Contractor is in compliance with all provisions of the Grant
Agreement/Contract;
ii. Grantee/Contractor's use of the trademarks is strictly in accordance with the quality
standards and in conformance with the reproduction requirements set forth in this
Grant Agreement/Contract or as otherwise communicated by System Agency;
iii. Grantee./Contractor takes no action to damage the goodwill associated with the
trademarks, and refrains from any attempt to contest, attack, dispute, challenge,
cancel and/or oppose System Agency's right, title and interest in the trademarks or
their validity;
iv. Grantee/Contractor makes no attempt to sublicense any rights under this trademark
license; and
v. Grantee/Contractor complies with any marking requests System Agency may make in
Health and Human Services
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relation to the trademarks, including without limitation to use the phrase "Registered
Trademark", the registered trademark symbol "0" for registered trademarks, and the
symbol "TM" for unregistered trademarks.
4. TRADEMARK OWNERSHIP
Grantee/Contractor acknowledges and agrees that the trademarks remain the exclusive
property of System Agency, that all right, title and interest in and to the trademarks is
exclusively held by System Agency, and all goodwill associated with such trademarks inures
solely to System Agency,
S. ELECTRICAL ITEMS
All electrical items purchased under this Grant Agreement/Contract or used in the
performance of approved and eligible grant -funded activities must meet all applicable
Occupational Safety and Health Administration (OSHA) standards and regulations, and bear
the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource
Corporation (FMRC), or National Electrical Manufacturers Association (NEMA).
6. DISASTER SERVICES
In the event of a local, state, or federal emergency, including natural, 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/Contractor may be called upon
to assist the System Agency in providing the following services:
i. Community evacuation;
ii. Health and medical assistance;
iu. Assessment of health and medical needs;
iv. Health surveillance;
v. Medical care personnel;
vi. Health and medical equipment and supplies;
vii. Patient evacuation;
viii. In -hospital care and hospital facility status;
ix. Food, drug and medical device safety;
x. Worker health and safety;
xi. Mental health and substance abuse;
xii. Public health information;
xiii. Vector control and veterinary services; and
xiv. Victim identification and mortuary services.
7. NOTICE OF A LICENSE ACTION
Grantee/Contractor shall notify the assigned System Agency contract manager in writing of
any action impacting Grantee/Contractor's license to provide services under this Grant
Agreement/Contract within five business days of becoming aware of the action and include
the following:
i. Reason for such action;
ii. Name and contact information of the local, state or federal department or agency or
entity;
iii. Date of the license action; and
Health and Hummn Services
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iv. License or case reference number.
S. EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES
A. Grantee;Contractor shall ensure that all persons, who are housed in System Agency
licensed or funded residential facilities and are 22 years of age or younger, have access to
educational services as required by Texas Education Code § 29.012.
B. Grantee lContractor shall notify the local education agency or local early intervention
program not later than the third calendar day after the date a person who is 22 years of age
or younger is placed in Grantee/Contractor's residential facility.
CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND SURGICAL TREATMENT OF A
CHILD
Unless a federal law applies, before a Grantee/Contractor or its subcontractor can provide
medical, dental, psychological or surgical treatment to a minor without parental consent,
informed consent must be obtained as required by Texas Family Code Chapter 32.
10. TELEMEDICINE/TELEHEALTH SERVICES
If Grantee/Contractor or its subcontractor provides grant -funded telemedicine/telehealth
services, these services shall be in accordance with the Grantee'Contractot's written
procedures, applicable law, the Grantee's/Contractor's or subcontractor's licensing board
rules, and System Agency equipment standards, if applicable. Granteeicontractor's
procedures for providing telemedicine'telehealth service must include the following
requirements:
i. Consider any contraindications to the use of telemedicine,telehealth;
ii. Qualified staff members to ensure the safety of the individual being served by
telemedicinehelehealth at the remote site;
iii. Safeguards to ensure confidentiality and privacy in accordance with state and federal
laws;
iv. Use by credentialed licensed providers providing clinical care within the scope of their
licenses;
V. Demonstrated competency in the operations of the system by all staff members who
are involved in the operation of the system and provision of the services prior to
initiating the protocol;
vL Priority in scheduling the system for clinical care of individuals;
vii. Quality oversight and monitoring of satisfaction of the individuals served; and
viii. Management of information and documentation for telemedicine/telehealth services
that ensures timely access to accurate information between the two sites.
Telemedicine/telehealth Services does not include chemical dependency treatment
services provided by electronic means under 25 Texas Administrative Code Rule
§448.911.
11. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
A. Grantee ,Contractor shall take reasonable steps to provide services and information both
orally and in writing, in appropriate languages other than English, to ensure that persons
with limited English proficiency are effectively informed and can have meaningful access
to programs, benefits and activities. Meaningful access may entail providing language
Health and Hrunan Services
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assistance services, including oral interpretation and written translation, if necessary.
More information can be found at https://www.lep.gov,.
B. Grantee/Contractor shall identify and document on the client records the primary
language/dialect of a client who has limited English proficiency and the need for
translation or interpretation services and shall not require a client to provide or pay for
the services of a translator or interpreter.
C. Grantee/Contractor shall make every effort to avoid use of any persons under the age of
18 or any family member or friend of the client as an interpreter for essential
communications with a client with limited English proficiency, unless the client has
requested that person and using the person would not compromise the effectiveness of
services or violate the client's confidentiality and the client is advised that a free
interpreter is available.
12. THIRD PARTY PAYORS
A. Except as provided in this Grant Agreement/Contract, Grantee 'Contractor shall screen all
clients and may not bill the System Agency for services eligible for reimbursement from
third party payors, who are any person or entity who has the legal responsibility for paying
for all or part of the services provided, including commercial health or liability insurance
carriers, Medicaid, or other federal, state, local and private funding sources.
B. As applicable, the Grantee/Contractor shall:
i. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing
approved services authorized under this Grant Agreement/Contract that may be covered
by those programs and bill those programs for the covered services;
ii. Provide assistance to individuals to enroll in such programs when the screening process
indicates possible eligibility for such programs;
iii. Allow clients that are otherwise eligible for System Agency services, but cannot pay a
deductible required by a third party payor, to receive services and bill the System
Agency for the deductible;
iv. Not bill the System Agency for any services eligible for third party reimbursement until
all appeals to third party payors have been exhausted;
v. Maintain appropriate documentation from the third party payor reflecting attempts to
obtain reimbursement;
vi. Bill all third party payors for services provided under this Grant Agreement/Contract
before submitting any request for reimbursement to System Agency; and
vii. Provide third party billing functions at no cost to the client.
13. HIV/AIDS MODEL WORKPLACE GUIDELINES
A. Grantee/Contractor shall implement DSHS's HIV -STD Policy No. 090.021, HIV!AIDS
Model Workplace Guidelines for Businesses, State Agencies, and State Contractors,
accessible at http:,"www.dshs.state.tx.us/hivstd/nolicy])olicics.shtm.
B. Grantee/Contractor shall also educate employees and clients concerning HIV and its
related conditions, including AIDS, in accordance with the Texas Health & Safety Code
§§ 85.112-114.
14. MEDICAL RECORDS RETENTION
Grantee/Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other
applicable statutes, rules and regulations governing medical information.
Health and Human Services
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18. INTERIM EXTENSION AMENDMENT
A. Prior to or on the expiration date of this Grant Agreement/Contract, the Parties agree that
this Grant Agreement/Contract can be extended as provided under this section.
B. The System Agency shall provide written notice of interim extension amendment to the
Grantee/Contractor under one of the following circumstances:
i. Continue provision of services in response to a disaster declared by the governor, or
ii. To ensure that services are provided to clients without interruption.
C. The System Agency will provide written notice of the interim extension amendment that
specifies the reason for it and period of time for the extension.
D. Grantee/Contractor will provide and invoice for services in the same manner that is stated
in the Grant Agreement/Contract.
E. An interim extension under subsection (B)(i) of this section shall extend the term of the
Grant Agreement/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 subsection (Bxi) of this section shall he a one-time extension
for a period of time determined by the System Agency.
16. DUPLICATION OF FUNDING
A. If Grantee receives any funding that is duplicative of funding received under this Grant
Agreement/Contract that cannot be used for new or expanded eligible grant activities,
Grantee will notify the assigned contract manager as soon as possible. System Agency may
issue an amendment modifying budget and./or project activities to eliminate duplication.
Additionally, Grantee understands that duplicative funding that cannot be re -programmed to
support new or expanded grant -funded activities within the program's scope may be de -
obligated from this Grant Agreement/Contract and returned to System Agency.
17. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS
A. Grantee/Contractor shall immediately report in writing to its assigned System Agency
contract manager when Grantee/Contractor learns of or has any reason to believe it or any
person with ownership or controlling interest in Grantee/Contractor, or their agent,
employee, subcontractor or volunteer who is providing services under this Grant
Agreement,'Contract has been placed on community supervision, received deferred
adjudication, or been indicted for or convicted of a criminal offense relating to
involvement in any fmancial matter, federal or state program or felony sex crime.
B. Grantee/Contractor 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.
18. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION
Grantee/Contractor shall notify the assigned System Agency contract manager if
Grantee/Contractor has any grant agreement or 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:
i. Reason for such action;
ii. Name and contact information of the local, state or federal department or agency or
Health and Human Services
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entity;
iii. Effective start date of the grant agreement/contract;
iv. Date of suspension or termination; and
v. Grant agreement/contract or case reference number.
19. NOTICE OF BANKRUPTCY
Grantee lContractor shall notify in writing the assigned System Agency contract manager
of its plan to seek bankniptcy protection within five business days of such action by
Grantee/Contractor.
20. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL
The GranteeiContractor shall notify in writing the assigned System Agency contract
manager within ten business days of any change to the Grantee "Contractor's Contact Person
or Key Personnel.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Health and Human Services
Additional Provisions V.1.0 - Grant Finding
Effective: February 2021
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ATTACHMENT F
OMB Number: 4040-0007
Expiration Date: 02/28/2022
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040). Washington, DC 20503
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of Interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.§§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handlcaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.
S.C. §§8101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (0 the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616). as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; () any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (1) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles 11 and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole
or in part with Federal funds.
Previous Edition Usable Standard Farm 4248 (Rev. 7-07)
Authorized for Local Reproduction Prescribed by OMB circular A-102
DSHS Contract # HHS001120300005
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9 Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10.000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (ED) 11514; (b) notification of violating
facilities pursuant to EO 11738, (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 119W, (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq ), (f) conformity of
Federal actions to State (Clean Au) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955. as
amended (42 U.S.C. §§7401 et seq ). (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P L 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S C. §§1271 et seq ) related to protecting
components or potential corponents of the national
wild and scenic rivers system
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16, Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133.
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
19. Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (fVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub -recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTH
RIZED CEIRTIFYNG OFFICIAL
TITLE
Lowu rort-
3F037B63155540F..
DATE SUBMITTED
APPLICANT ORGANIZATION
e rua
Standard Form 424E (Rev. 7-97) Back
DSHS Contract # H HS001120300005
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for Influencing or attempting to Influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities," In accordance with Its Instructions.
(3) The undersigned shall require that the language of this certification be Included In the award documents
for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subreciplents shall certify and disclose accordingly This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352. title 31, U.S. Code Any person who fails to file the required certification shall be
subject to a chill penalty of net less than $10.000 and not more than $100 000 for each such failure
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of
a Member of Congress in connection with this commitment providing for the United Slates to Insure or
guarantee a loan, the undersigned shall complete and subrmt Standard Farm-LLL, 'Disclosure of Lobbying
Activities," In accordance with Its Instructions Submission of this statement is a prerequisite for making or
entering Into this transaction Imposed by section 1352. title 31, U.S. Code Any person who fails to file the
required statement shall be subject to a civil penalty of not less than $10 000 and not more than $100.000
for each such failure.
APPLICANTS ORGANIZATION
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: First Name: Middle Name:
Last Name:
Suffix: F------ n-
• DATE 022
DSHS Contract # HHS001120300005
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ATTACHMENT G
HITS DATA USE AGREEMENT
This Data Use Agreement ("DUA'), effective as of the date the Base Contract into which
it is incorporated is signed ("Effective Date'), is entered into by and between a Texas Health and
Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract,
a political subdivision of the State of Texas ("CONTRACTOR').
ARTICLE 1.
PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE
The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or
access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights
and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA
also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its
obligations under this DUA. This DUA applies to both Business Associates and contractors who
are not Business Associates who create, receive, maintain, use, disclose or have access to
Confidential Information on behalf of HHS, its programs or clients as described in the Base
Contract.
As of the Effective Date of this DUA, if any provision of the Base Contract, including any
General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls.
ARTICLE 2.
DEFINITIONS
For the purposes of this DUA, capitalized, underlined terns have the meanings set forth in
the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191(42
U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all
amendments, regulations and guidance issued thereafter; The Social Security Act, including Section
1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the
Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and
guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and
publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18;
Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas
Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows:
"Authorized Purpose" means the specific purpose or purposes described in the Statement
of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract,
or any other purpose expressly authorized by HHS in writing in advance.
"Authorized User" means a Person:
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(1) Who is authorized to create, receive, maintain, have access to, process, view,
handle, examine, interpret, or analyze Confidential Information pursuant to this DUA;
(2) For whom CONTRACTOR warrants and represents has a demonstrable need to
create, receive, maintain, use, disclose or have access to the Confidential Information; and
(3) Who has agreed in writing to be bound by the disclosure and use limitations
pertaining to the Confidential Information as required by this DUA.
"Confidential Information" means any communication or record (whether oral, written,
electronically stored or transmitted, or in any other form) provided to or made available to
CONTRACTOR, orthat CONTRACTOR may, for an Authorized Purpose, create, receive, maintain,
use, disclose or have access to, that consists of or includes any or all of the following:
(1) Client Information;
(2) Protected Health Information in any form including without limitation, Electronic
Protected Health Information or Unsecured Protected Health Information (herein "PHP');
(3) Sensitive Personal Information defined by Texas Business and Commerce Code
Ch. 521;
(4) Federal Tax Information:
(5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA
and Personal )�denti ing Information under the Texas Identity Theft Enforcement and Protection
Act;
(6) Social Security Administration Data including, without limitation, Medicaid
information;
(7) All privileged work product;
(8) All information designated as confidential under the constitution and laws of the
State of Texas and of the United States, including the Texas Health & Safety Code and the Texas
Public Information Act, Texas Government Code, Chapter 552.
"Legally Authorized Representative" of the Individual, as defined by Texas law, including
as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(gxl) (HIPAA); Tex. Occ. Code §
151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752.
ARTICLE 3.
CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION
3.01 Obligations of CONTRACTOR
CONTRACTOR agrees that:
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(A) COYFRACTUR will exercise reasonable care and no less than the same
degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade
secret information to prevent any portion of the Confidential Information from being used in
a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law.
45 CFR 164.502(b)(1); 45 CFR 164.514(d)
(B) Except as Required by Law, CONTRACTOR will not disclose or allow access
to any portion of the Confidential Information to any Person or other entity, other than
Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R 160.103) of
CONTRACTOR who have completed training in confidentiality, privacy, security and the
importance of promptly reporting any Event or Breach to CONTRACTOR's management, to
carry out CONTRACTOR's obligations in connection with the Authorized Purpose.
HHS, at its election, may assist CONTRACTOR in training and education on specific or
unique HHS processes, systems and/or requirements. CONTRACTOR will produce
evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas
Health & Safety Code §181.101
All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state
computer system or database will complete a cybersecurity training program certified under Texas
Government Code Section 2054.519 by the Texas Department of Information Resources or offered
under Texas Government Code Sec. 2054.519(f).
(C) CONTRACTOR will establish, implement and maintain appropriate
sanctions against any member of its Workforce or Subcontractor who fails to comply with this
DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of
sanctions and produce it to HHS upon request.45 C.F.R 164.308(a)(1)(ri)(C); 164.530(e),
164.410(b); 164.530(b)(1)
(D) CONTRACTOR will not, except as otherwise permitted by this DUA,
disclose or provide access to any Confidential Information on the basis that such act is
Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to
determine whether CONTRACTOR should object to the disclosure or access and seek
appropriate relief. CONTRACTOR will maintain an accounting of all such requests for
disclosure and responses and provide such accounting to HHS within 48 hours of HHS'
request. 45 CFR 164.504(e)(2)(d)(A)
(E) CONTRACTOR will not attempt to re -identify or further identify
Confidential Information or De -identified Information, or attempt to contact any Individuals
whose records are contained in the Confidential Informationexcept for an Authorized
Purpose, without express written authorization from HHS or as expressly permitted by the
Base Contract. 45 CFR 164.502(a)(2)(i) and (d) CONTRACTOR will not engage in
prohibited marketing or sale of Confidential Information 45 CFR 164.501, 164.508(a)(3)
and (4); Texas Health & Safety Code Ch. 181.002
(F) CONTRACTOR will not permit, or enter into any agreement with a
Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit
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Confidential Information to carry out CONTRACTOR's obligations in connection with the
Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply
with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)()
and (2).
(G) CONTRACTOR is directly responsible for compliance with, and enforcement
of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of
Confidential Information and the acts or omissions of Subcontractors as may be reasonably
necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq.
(H) If CONTRACTOR maintains PHI in a Designated Record Set which is
Confidential Information and subject to this Agreement, CONTRACTOR will make PHI
available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI
to an Individual, or Legally Authorized Representative of the Individual who is requesting
PHI in compliance with the requirements of the HIPAA Privacy Regulations.
CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon
receipt of a valid written authorization. CONTRACTOR will make other Confidential
Information in CONTRACTOR's possession available pursuant to the requirements of
HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined
in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide
it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(u)(E).
(1) If PHI is subject to this Agreement, CONTRACTOR will make PHI as
required by HIPAA available to HHS for review subsequent to CONTRACTOR's
incorporation of any amendments requested pursuant to HIPAA. 45 CFR
164.504(e)(2)(d)(E) and M.
(n If PHI is subject to this Agreement, CONTRACTOR will document and make
available to HHS the PHI required to provide access, an accounting of disclosures or
amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR
164.504(e)(2)(u)(G) and 164.528.
(K) If CONTRACTOR receives a request for access, amendment or accounting
of PHI from an individual with a right of access to information subject to this DUA, it will
respond to such request in compliance with the HIPAA Privacy Regulations.
CONTRACTOR will maintain an accounting of all responses to requests for access to or
amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR
164.504(e)(2).
(L) CONTRACTOR will provide, and will cause its Subcontractors and agents
to provide, to HHS periodic written certifications of compliance with controls and
provisions relating to information privacy, security and breach notification, including
without limitation information related to data transfers and the handling and disposal of
Confidential Information. 45 CFR 164.308; 164.530(c); I TA 202.
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(M) Except as otherwise limited by this DUA, the Base Contract, or law
applicable to the Confidential Information, CONTRACTOR may use PHI for the proper
management and administration of CONTRACTOR or to carry out CONTRACTOR's
legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law
applicable to the Confidential Information CONTRACTOR may disclose PHI for the
proper management and administration of CONTRACTOR, or to cant' out
CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A).
(1) Disclosure is Required by Law, provided that CONTRACTOR complies with
Section 3.01(D); or
(2) CONTRACTOR obtains reasonable assurances from the person or entity to
which the information is disclosed that the person or entity will:
(a)Maintain the confidentiality of the Confidential Information in accordance
with this DUA;
(b) Use or Rather disclose the information only as Required by Law or for
the Authorized Purpose for which it was disclosed to the Person; and
(c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or
Breach of Confidential Information of which the Person discovers or should have
discovered with the exercise of reasonable diligence. 45 CFR
164.504(e)(4)(ti)(B).
(N) Except as otherwise limited by this DUA, CONTRACTOR will, if required
by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data
aggregation services to HHS, as that term is defined in the HIPA 45 C.F.R. §164.501 and
permitted by HIPAA. 45 CFR 164.504(e)(2)()(B)
(0) CONTRACTOR will, on the termination or expiration of this DUA or the
Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent
reasonably feasible and permissible by law, all Confidential Information received from HHS
or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or
Subcontractors on HHS's behalf if that data contains Confidential Information.
CONTRACTOR will certify in writing to HHS that all the Confidential Information that has
been created, received, maintained, used by or disclosed to CONTRACTOR, has been
Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have
retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees
that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential
Information if federal law, state law, the Texas State Library and Archives Commission
records retention schedule, and/or a litigation hold notice prohibit such delivery or
Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by
law, CONTRACTOR will immediately notify HHS of the reasons such delivery or
Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the
Confidential Information and limit its further uses and disclosures to the purposes that make
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the return delivery or Destruction of the Confidential Information not feasible for as long as
CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(li)(J)
(P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy
Confidential Information in a secure fashion that protects against any reasonably anticipated
threats or hazards to the security or integrity of such information or unauthorized uses. 45
CFR 164.306; 164.530(c)
(Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential
Information CONTRACTOR will complete and return to HHS at
infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI)
at Attachment 1 . The SPI identifies basic privacy and security controls with which
CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR
will comply with periodic security controls compliance assessment and monitoring by HHS
as required by state and federal law, based on the type of Confidential Information
CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the
Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on
the National Institute of Standards and Technology (NISI) Special Publication 800-53.
CONTRACTOR will update its security controls assessment whenever there are significant
changes in security controls for HHS Confidential Information and will provide the updated
document to HHS. HHS also reserves the right to request updates as needed to satisfy state
and federal monitoring requirements. 45 CFR 164.306.
(R) CONTRACTOR will establish, implement and maintain reasonable
procedural, administrative, physical and technical safeguards to preserve and maintain the
confidentiality, integrity, and availability of the Confidential Information and with respect to
PHL as described in the HIPAA Privacy and Security Regulations, or other applicable laws
or regulations relating to Confidential Information, to prevent any unauthorized use or
disclosure of Confidential Information as long as CONTRACTOR has such Confidential
Information in its actual or constructive possession. 45 CFR 164.308 (administrative
safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards);
164.530(c)(privacy safeguards).
(S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy
Official 45 CFR 164.530(a)(1) and Information Security Official each of whom is authorized
to act on behalf of CONTRACTOR and is responsible for the development and
implementation of the privacy and security requirements in this DUA. CONTRACTOR will
provide name and current address, phone number and e-mail address for such designated
officials to HHS upon execution of this DUA and prior to any change. If such persons fail to
develop and implement the requirements of the DUA, CONTRACTOR will replace them
upon HHS request. 45 CFR 164.308(a)(2).
(T) CONTRACTOR represents and warrants that its Authorized Users each have
a demonstrated need to know and have access to Confidential Information solely to the
minimum extent necessary to accomplish the Authorized Puroose pursuant to this DUA and
the Base Contract, and further, that each has agreed in writing to be bound by the disclosure
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and use limitations pertaining to the Confidential Information contained in this DUA. 45
CFR 164.502; 164.514(o.
(U) CONTRACTOR and its Subcontractors will maintain an updated, complete,
accurate and numbered list of Authorized Users, their signatures, titles and the date they
agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed,
upon request.
(V) CONTRACTOR will implement, update as necessary, and document
reasonable and appropriate policies and procedures for privacy, security and Breach of
Confidential Information and an incident response plan for an Event or Breack to comply
with the privacy, security and breach notice requirements of this DUA prior to conducting
work under the Statement of Work 45 CFR 164.308; 164.316, 164.514(4; 164.530(1)(1),
(W) CONTRACTOR will produce copies of its information security and privacy
policies and procedures and records relating to the use or disclosure of Confidential
information received from, created by, or received, used or disclosed by CONTRACTOR for
an Authorized Purvose for HHS's review and approval within 30 days of execution of this
DUA and upon request by HHS the following business day or other agreed upon time frame.
45 CFR 164.308; 164.514(o.
(X) CONTRACTOR will make available to HHS any information HHS requires
to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA
and other applicable laws and regulations relating to Confidential Information.
CONTRACTOR will provide such information in a time and manner reasonably agreed upon
or as designated by the Secretary of the U.S. I)epartment of Health and Human Services, or
other federal or state law. 45 CFR 164.504(e)(2) (i)(1).
(1) CONTRACTOR will only conduct secure transmissions of Confidential
Information whether in paper, oral or electronic form, in accordance with applicable rules,
regulations and laws. A secure transmission of electronic Confidential Information in motion
includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encr-y tp ion at an
appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest
requires Encryption unless there is other adequate administrative, technical, and physical
security. All electronic data transfer and communications of Confidential Information will be
through secure systems. Proof of system, media or device security and/or Encryption must be
produced to HHS no later than 48 hours after HHS's written request in response to a
compliance investigation, audit or the DiscoverX of an Event or Breach. Otherwise, requested
production of such proof will be made as agreed upon by the parties. De -identification of HHS
Confidential Information is a means of security. With respect to de -identification of M
"secure" means de -identified according to HIPAA Privacy standards and regulatory guidance.
45 CFR 164.312; 164.530(rg.
(Z) For each type of Confidential Information CONTRACTOR creates, receives,
maintains, uses, discloses, has access to or transmits in the performance of the Statement of
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Work, CONTRACTOR will comply with the following laws rules and regulations, only to
the extent applicable and required by law:
• Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code;
• The Privacy Act of 1974;
• OMB Memorandum 07-16;
• The Federal Information Security Management Act of 2002 (FISMA);
• The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
as defined in the DUA;
• Internal Revenue Publication 1075 - Tax Information Security Guidelines
for Federal, State and Local Agencies;
• National Institute of Standards and Technology (MIST) Special Publication
800-66 Revision 1 - An Introductory Resource Guide for Implementing the
Health Insurance Portability and Accountability Act (HIPAA) Security
Rule;
• NIST Special Publications 800-53 and 800-53A — Recommended Security
Controls for Federal Information Systems and Organizations, as currently
revised;
• NIST Special Publication 800-47 - Security Guide for Interconnecting
Information Technology Systems;
• NIST Special Publication 800-88, Guidelines for Media Sanitization;
• NIST Special Publication 800-111, Guide to Storage of Encryption
Technologies for End User Devices containing PHI; and
Any other State or Federal law, regulation, or administrative rule relating to the specific HHS
program area that CONTRACTOR supports on behalf of HHS.
(AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat
any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys
and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and
other applicable regulatory standards identified in Section 3.01(Z), and Individually
Identifiable Health Information CONTRACTOR creates, receives, maintains, uses,
transmits, destroys and/or discloses in accordance with HIPAA and other applicable
regulatory standards identified in Section 3.01(Z).
ARTICLE 4.
BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS
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4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414.
(A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to
the extent practicable and issuing notifications directed by HHS, for any Event or Breach of
Confidential Information to the extent and in the manner determined by HHS.
(B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach
and continues as long as related activity continues, until all effects of the Event are mitigated
to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404.
(C) Breach Notice:
(1) Initial Notice.
(a) For federal information, including without limitation, Federal
Tax hiformation Social Security Administration Data and Medicaid C ient
Information, within the first, consecutive clock hour of Discovery. and for
all other types of Confidential Information not more than 24 hours after
Discovery, or in a timeframe otherwise approved by HHS in writing, initially
report to HHS's Privacy and Security Officer; via email at:
privacy@HHSC.state.tx.us and to the HHS division responsible for this
DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the
Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a;
OMB Memorandum 07-16 as cited in HHSC•CMS Contracts for
information exchange.
(b) Report all information reasonably available to
CONTRACTOR about the Event or Breach of the privacy or security of
Confidential Information. 45 CFR 164.410.
(c) Name, and provide contact information to IIHS for,
CONTRACTOR' single point of contact who will communicate with HHS
both on and off business hours during the incident response period.
(2) Formal Notice. No laterthan two business days after the Initial Notice
above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS
division responsible for this DUA, including all reasonably available information
about the Event or Breach, and CONTRACTOR's investigation, including without
limitation and to the extern available: For (a) - (m) below: 45 CFR 164.400-414,
(a) The date the Event or Breach occurred;
(b) The date of CONTRACTORS and, if applicable,
Subcontractor's Discovery;
(c) A brief description of the Event or Breach. including how it
occurred and who is responsible (or hypotheses, if not yet determined);
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(d) A brief description of CONTRACTOR's investigation and the
status of the investigation;
(e) A description of the types and amount of Confidential
Information involved;
(f) Identification of and number of all Individuals reasonably
believed to be affected, including fast and last name of the Individual and if
applicable the, Legally Authorized Representative, last known address,
age, telephone number, and email address if it is a preferred contact method,
to the extent known or can be reasonably determined by CONTRACTOR at
that time;
(g) CONTRACPOR's initial risk assessment of the Event or
Breach demonstrating whether individual or other notices are required by
applicable law or this DUA for HHS approval, including an analysis of
whether there is a low probability of compromise of the Confidential
Information or whether any legal exceptions to notification apply;
(h) CONTRACTOR's recommendation for HHS's approval as to
the steps Individuals and/or CONTRACTOR on behalf of Individuals,
should take to protect the Individuals from potential harm, including without
limitation CONTRACTOR's provision of notifications, credit protection,
claims monitoring, and any specific protections for a Legally Authorized
Representative to take on behalf of an Individual with special capacity or
circumstances;
(i) The steps CONTRACTOR has taken to mitigate the harm or
potential harm caused (including without limitation the provision of
sufficient resources to mitigate);
0) The steps CONTRACTOR has taken, or will take, to prevent
or reduce the likelihood of recurrence of a similar Event or reach;
(k) Identify, describe or estimate the Persons. Workforce
Subcontractor, or Individuals and any law enforcement that may be involved
in the Event or Breach
(1) A reasonable schedule for CONTRACTOR to provide regular
updates during normal business hours to the foregoing in the future for
response to the Event or Breach but no less than every three (3) business
days or as otherwise directed by HHS, including information about risk
estimations, reporting, notification, if any, mitigation, corrective action, root
cause analysis and when such activities are expected to be completed; and
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(m) Any reasonably available, pertinent information, documents or
reports related to an Event or Breach that HHS requests following
Discovery.
4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312;164.530
(A) CONTRACTOR will immediately conduct a full and complete investigation,
respond to the Event orBreac commit necessary and appropriate staff and resources to
expeditiously respond, and report as required to and by HHS for incident response purposes
and for purposes of HHS's compliance with report and notification requirements, to the
reasonable satisfaction of HHS.
(B) CONTRACTOR will complete or participate in a risk assessment as directed
by HHS'following an Event or Breac and provide the final assessment, corrective actions
and mitigations to HHS for review and approval.
(C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or
proceedings by state and federal authorities, Persons and/or Individuals about the Event or
Breach.
(D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate
injunctive relief or otherwise prevent or curtail such Event or Breach • or to recover or protect
any Confidential Information, including complying with reasonable corrective action or
measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base
Contract.
4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. &
Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408
(Authorities)
(A) HHS may direct CONTRACTOR to provide Breach notification to
Individuals, regulators or third -parties, as specified by HHS following a Breach.
(B) CONTRACTOR shall give HHS an opportunity to review and provide
feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all
regulatory requirements regarding the time, manner and content of any notification to
Individuals, regulators or third -parties, or any notice required by other state or federal
authorities, including without limitation, notifications required by Texas Business and
Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10) business days to
provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name
and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain
contact information, including the name and title of CONTRACTOR's representative, an
email address and a toll -free telephone number, if required by applicable law, rule, or
regulation, for the Individual to obtain additional information.
(C) CONTRACTOR will provide HHS with copies of distributed and approved
communications.
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(D) CONTRACTOR will have the burden of demonstrating to the reasonable
satisfaction of HHS that any notification required by HHS was timely made. If there are delays
outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of
the reasons for the delay.
(E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the
time and manner reasonably requested by CONTRACTOR, cooperate and assist with
CONTRACTOR's information requests in order to make such notifications and reports.
ARTICLE 5.
STATEMENT OF WORK
'Statement of Work" means the services and deliverables to be performed or provided by
CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are
described in detail in the Base Contract. The Statement of Work, including any future amendments
thereto, is incorporated by reference in this DUA as if set out word-for-word herein.
ARTICLE 6.
GENERAL PROVISIONS
6.01 Oversight of Confidential Information
CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor
CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure ofthe Confidential
Information to confirm that CONTRACTOR is in compliance with this DUA
6.02 HHS Commitment and Obligations
HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in
any manner that would not be permissible under applicable law if done by HHS.
6.03 HHS Right to Inspection
At any time upon reasonable notice to CONTRACTOR, or if HHS determines that
CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to
inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this
DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of
the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal
counsel or other designee.
6.04 Term; Termination of DUA; Survival
This DUA will be effective on the date on which CONTRACTOR executes the DUA, and
will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is
extended or amended, this DUA shall be extended or amended concurrent with such extension or
amendment.
HHS Data Use Agreement
TACCHO VERSION (Local City and County Entities) October 23, 2019
Page 12 of 15
DSHS Contract # HHS001120300005
Page 83 of 88
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154B3A9FF1 1 F
(A) HHS may immediately terminate this DUA and Base Contract upon a material
violation of this DUA-
(B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its
obligation to return or Destroy the Confidential Information as set forth in this DUA and to
continue to safeguard the Confidential Information until such time as determined by HHS.
(C) If HHS determines that CONTRACTOR has violated a material term of this
DUA; HHS may in its sole discretion:
(1) Exercise any of its rights including but not limited to reports, access
and inspection under this DUA and or the Base Contract; or
(2) Require CONTRACTOR to submit to a Corrective Action Plan,
including a plan for monitoring and plan for reporting, as HHS may determine
necessary to maintain compliance with this DUA; or
(3) Provide CONTRACTOR with a reasonable period to cure the
violation as determined by HHS; or
(4) Terminate the DUA and Base Contract immediately, and seek relief in
a court of competent jurisdiction in Texas.
Before exercising any of these options, HHS will provide written notice to
CONTRACTOR describing the violation, the requested corrective action CONTRACTOR
may take to cure the alleged violation, and the action HHS intends to take if the alleged
violated is not timely cured by CONTRACTOR,
(D) If neither termination nor cure is feasible, HHS shall report the violation to the
Secretary of the U.S. Department of Health and Human Services.
(E) The duties of CONTRACTOR or its Subcontractor under this DUA survive
the expiration or termination of this DUA until all the Confidential Information is Destroyed
or returned to MIS, as required by this DUA
6.05 Governing Law, Venue and Litigation
(A) The validity, construction and performance ofthis DUAand the legal relations
among the Parties to this DUA will be governed by and construed in accordance with the laws
of the State of Texas.
(B) The Parties agree that the courts of Texas, will be the exclusive venue for any
litigation, special proceeding or other proceeding as between the parties that may be brought,
or arise out of, or in connection with, or by reason of this DUA.
6.06 Injunctive Relief
HHS Data Use Agreement
TACCHO VERSION (Local City and County Entities) October 23, 2019
Page 13 of 15
DSHS Contract # HHS001120300005
Page 84 of 88
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154133A9FF11F
(A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable
injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this
DUA with respect to the Confidential Information or a provision of HIPAA or other laws or
regulations applicable to Confidential Information.
(B) CONTRACTOR further agrees that monetary damages may be inadequate to
compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly,
CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law
or in equity, be entitled to seek injunctive relief without posting a bond and without the
necessity of demonstrating actual damages, to enforce the terms of this DUA.
6.07 Responsibility.
To the extent permitted by the Texas Constitution, laws and rules, and without waiving any
immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR
shall be solely responsible for its own acts and omissions and the acts and omissions of its
employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its
own acts and omissions.
6.08 Insurance
(A) As a governmental entity, and in accordance with the limits of the Texas Tort
Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR
either maintains commercial insurance or self -insures with policy limits in an amount
sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will
request that HHS be named as an additional insured. HHSC reserves the right to consider
alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility
under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set
forth in this DUA if CONTRACTOR fails to maintain insurance.
(B) CONTRACTOR will provide HHS with written proof that required insurance
coverage is in effect, at the request of HHS.
6.08 Fees and Costs
Except as otherwise specified in this DUA or the Base Contract, if any legal action or other
proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract
violation, Event Breac default, misrepresentation, or injunctive action, in connection with any of
the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred
in that action or proceeding.
6.09 Entirety of the Contract
This DUA is incorporated by reference into the Base Contract as an amendment thereto
and, together with the Base Contract, constitutes the entire agreement between the parties. No
change, waiver, or discharge of obligations arising under those documents will be valid unless in
writing and executed by the party against whom such change, waiver, or discharge is sought to be
HHS Data Use Agreement
TACCHO VERSION (Local City and County Entities) October 23. 2019
Page 14 of 15
DSHS Contract # HHS001120300005
Page 85 of 88
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154B3A9FF11F
enforced. If any provision of the Base Contract, including any General Provisions or Uniform
Terms and Conditions, conflicts with this DUA, this DUA controls.
6.10 Automatic Amendment and Interpretation
If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and!or
Confidential Information, or (ii) any change in the judicial or administrative interpretation of any
such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to
have been automatically amended, interpreted and read so that the obligations imposed on HHS
and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will
be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA
or any other law applicable to Confidential Information.
HHS Data Use Agreement
TACCHO VERSION (Local City and County Entities) October 23, 2019
Page 15 of 15
DSHS Contract # HHS001120300005
Page 86 of 88
DocuSign Envelope ID: 781 F91AD-94E9-425C-9C60-154B3A9FF1 IF
ATTACHMENT H
FFATA
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
The certifications enumerated below represent material fads upon which DSHS relies when reporting
information to the federal government required under federal law. If the Department later determines
that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available
remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate
written notice to DSHS if at any time Signor learns that any of the certifications provided for below were
erroneous when submitted or have since become erroneous by reason of changed circumstances. ff the
Signor cannot certify all of the statements contained in this section, Signor must provide written
notice to DSHS detailing which of the below statements It cannot certify and why,
Legal Name of Contractor:
FFATA Contact # 1 Name, Email and Phone Number:
City of Lubbock
Linda Cuellar
LCuellar(d,mylubbock.us
806-775-3253
Primary Address of Contractor:
FFATA Contact#2 Name, Email and Phone Number:
1314 Ave K
Amber Aguilar
aaguilarra mylubbock.us
806-775-2149
ZIP Code: 9-digits Required www.usas.com
DUNS Number: 9-digits Required www.sam.eov
1058R13 93
94 1-3 30 I I I _ I I I
State of Texas Comptroller Vendor Identification Number (VIN)14 Digits
Printed Name of Authorized Representative
Signature of utho°r%ze��e tesentative
Daniel Pope
I vma r bpL
3F037B63155540F
Title of Authorized Representative
Date
Mayor
February 24, 2022
-1-
Department of Slate Health Services
DSHS Contract # HHS001120300005
Page 87 of 88
Form 4734 — June 2013
DocuSign Envelope ID: 781F91AD-94E9-425C-9C60-154B3A9FF11F
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
As the duly authorized representative (Signor) of the Contractor, I hereby certify that
the statements made by me in this certification form are true, complete and correct to
the best of my knowledge.
Did your organization have a gross income, from all sources, of less than $300,000 in
your previous tax year? ❑ Yes ❑ No
If your answer is "Yes", skip questions "A", "B", and "C' and finish the certification.
If your answer is "No", answer questions "A" and "B".
A. Certification Regarding %of Annual Gross from Federal Awards.
Did your organization receive 80% or more of its annual gross revenue from federal
awards during the preceding fiscal year? ❑ Yes ❑ No
B. Certification Regarding Amount of Annual Gross from Federal Awards.
Did your organization receive $25 million or more in annual gross revenues from federal
awards in the preceding fiscal year? ❑ Yes ❑ No
If your answer is "Yes" to both question "A" and "B", you must answer question "C",
If your answer is "No" to either question "A" or "B", skip question "C' and finish the
certification.
C. Certification Regarding Public Access to Compensation Information.
Does the public have access to information about the compensation of the senior
executives in your business or organization (including parent organization, all branches,
and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986? ❑ Yes ❑ No
If your answer is Wes" 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:
-2-
Department of State Health SenAces Form 4734 — June 2013
DSHS Contract # HHS001120300005
Page 88 of 88
Certificate Of Completion
Envelope Id: 781 F91 AD94E9425C9C60154B3A9FF 11 F
Subject: $196,484.00 HHS001120300005 City of Lubbock STD/HIV-DIS - New Contract
Source Envelope:
Document Pages: 88 Signatures: 0
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
2/2/2022 2:06:53 PM
Signer Events
Daniel Pope
dpope@mylubbock.us
Mayor
City of Lubbock
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/10/2021 2:50:27 PM
ID:4252790d-cOc2-4b78-974a-6e7d26f710fd
Helen Whittington
helen.whittington@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/2/2022 1:09:52 PM
D: 58f9bae7-6bdc-4d88-8d38-cfdbdObcc2d9
Patty Melchior
Patty. Melchior@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/1/2022 6:11:05 PM
ID:ed742349-2584-411a-8c74-1c4556cf78a2
Kirk Cole
Kirk.Cole@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/31/2022 5:29:09 PM
ID:824a66b9-2826-4b72-945a-Oa4d3ddefe84
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Holder: CMS Internal Routing Mailbox
CMS.IntemalRouting@dshs.texas.gov
Signature
Signature
Status
Status
Status
Docuftrr
Status: Sent
Envelope Originator:
CMS Internal Routing Mailbox
11493 Sunset Hills Road
#100
Reston, VA 20190
CMS.IntemalRouting@dshs.texas.gov
IP Address: 167.137A.8
Location: DocuSlgn
Timestamp
Sent: 2/2/2022 2:10:42 PM
Timestamp
Timestamp
Timestamp
Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Lillie Powell COPIED Sent: 2/2/2022 2:10:41 PM
lillie,powell@dshs.texas.gov
Contract Manager
Texas Health and Human Services Commission
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Katherine Wells COPIED Sent: 2/2/2022 2:10:42 PM
kwelis@mylubbock.us Viewed: 2/2/2022 2:16:14 PM
Director of Public Health
City of Lubbock
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CMS Internal Routing Mailbox
CMS.IntemalRouting@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2l2/2022 2:10:42 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
DocuSign
Certificate Of Completion
Envelope Id: 781F91AD94E9425C9C60154B3A9FF11F Status: Sent
Subject: $196,484.00 HHS001120300005 City of Lubbock STD/HIV-DIS - New Contract
Source Envelope:
Document Pages: 88 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 0 CMS Internal Routing Mailbox
AutoNav: Enabled 11493 Sunset Hills Road
Envelopeld Stamping: Enabled #100
Time Zone: (UTC-06:00) Central Time (US & Canada) Reston, VA 20190
CMS.InternalRouting@dshs.texas.gov
IP Address: 167.137.1.8
Record Tracking
Status: Original
Holder: CMS Internal Routing Mailbox
Location: DocuSign
2/2/2022 2:06:53 PM
CMS.InternalRouting@dshs.texas.gov
Signer Events
Signature
Timestamp
Daniel Pope
4pndby
Sent: 2/2/2022 2:10:42 PM
dpope@mylubbock.us
[VZtPOPt-
Viewed: 2/24/2022 10:25:44 AM
Mayor
3F037003155540F
Signed: 2/24/2022 10:35:11 AM
City of Lubbock
Security Level: Email, Account Authentication
Signature Adoption: Pre -selected Style
(None)
Using IP Address: 208.84.91.44
Electronic Record and Signature Disclosure:
Accepted: 2/24/2022 10:25:44 AM
ID: d25db9ae-a441-462f-8bd3-26cfa7fa0ce2
Helen Whittington
Sent: 2/24/2022 10:35:15 AM
helen.whittington@dshs.texas.gov
Viewed: 2/24/2022 10:44:34 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/24/2022 10:44:34 AM
ID: 095c4651-061 c-4bbb-a9c2-168a416f681 a
Patty Melchior
Patty. Melchior@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/23/2022 1:39:25 PM
ID: 64c986b3-579a-4f99-a1ab-579b11748f8a
Kirk Cole
Kirk.Cole@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/23/2022 6:02:21 PM
ID: d21bf486-2ebd-4df0-8fc4-11f130e3773e
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Lillie Powell COPIED Sent: 2/2/20222:10:41 PM
Iiilie.powell@dshs.texas.gov
Contract Manager
Texas Health and Human Services Commission
Security Level- Email. Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Katherine Wells COPIED Sent: 2/2/2022 2:10-42 PM
kwells@mylubbock.us Viewed: 2/2/2022 2:16.14 PM
Director of Public Health
City of Lubbock
Security Level: Email. Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CMS Internal Routing Mailbox
CMS.InternalRouting@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/2/2022 2:10:42 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 9/14/2020 7:10:18 PM
Parties agreed to: Daniel Pope, Helen Whittington, Patty Melchior, Kirk Cole
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, DSHS Contract Management Section (we, us or Company) may be required
by law to provide to you certain written notices or disclosures. Described below are the terms
and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact DSHS Contract Management Section:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us
To advise DSHS Contract Management Section of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at alison joffrion@hhsc.state.tx.us
and in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from DSHS Contract Management Section
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to alison.joffrion@hhsc.state.tx.us and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with DSHS Contract Management Section
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusing com/ uides/si ig ler_guide-
si ing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify DSHS Contract Management Section as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by DSHS Contract Management Section during the course of
your relationship with DSHS Contract Management Section.
CITY OF LUBBOCK
ATTEST:
By:
DANIEL M. PO E, Mayor
Al
APPROVED TO CONTENT:
By: U�D'
KA HERINE WELLS, Director of Public Health
APPROVED AS TO FORM:
By:
A ROO E, Assistant City Attorney