HomeMy WebLinkAboutResolution - 2022-R0135 - Amendment No. 6 Contract 537-18-0127-00001 - Emergency Prepardeness DSHSResolution No. 2022-RO135
Item No. 7.23
March 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, Amendment No. 6 to Contract No. 537-18-0127-00001, the
Public Health Emergency Preparedness Cooperative Agreement, by and between the City of
Lubbock and the State of Texas' Department of State Health Services, and all related
documents. Said Amendment is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 22, 2022
ATTEST:
DANIEL M. POPE, MAYOR
Reb a Garza, City Secretar`Q
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
City Attorney
RES.Amend No. 6 Contract No. 537-18-0127-00001 DSHS
2.22.22
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
toTEXAS
Health and Human
Services
The Honorable Daniel Pope, Mayor
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79408
Texas Department of State Health Services
John Hellerstedt, M.D.
Commissioner
Subject: Public Health Emergency Preparedness Contract
Contract Number: 537-18-0127-00001, Amendment No. 6
Contract Amount: $1,709,934.00
Contract Term: July 1, 2017 through June 30, 2023
Dear Mayor Pope:
Enclosed is the Public Health Emergency Preparedness Amendment No. 6 between
the Department of State Health Services and City of Lubbock.
The purpose of this Contract is to perform activities in support of the Public Health
Emergency Preparedness (PHEP) Cooperative Agreement from the Centers for
Disease Control and Prevention (CDC) in support of public health emergency
preparedness.
This Amendment No. 6:
1) Increases the total contract value by $288,016.00 (reflecting $261,833.00
in federal funding and $26,183.00 in match funding) for FY2023;
2) Extends the end of the contract term to June 30, 2023; and
3) Revises attachments to the contract.
Please let me know if you have any questions or need additional information.
Sincerely,
Beverly Taylor, CTCM
Contract Manager
512-776-2284
Beverly.Taylor@dshs.texas.gov
P.O. Box 149347 • Austin, Texas 78714-9347 • Phone: 888-963-7111 • TTY: 800-735-2889 • www.dshs.texas.gov
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Resolution No. 2022-RO135
DEPARTMENT OF STATE HEALTH SERVICES
CONTRACT No. 537-18-0127-00001
AMENDMENT No. 6
RENEWAL
The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and CITY OF LUBBOCK
("Grantee"), each a "Party" and collectively the "Parties" to that certain Public Health
Emergency Preparedness ("PHEP") contract effective July 1, 2017, and denominated as System
Agency Contract No. 537-18-0127-00001 (the "Contract"), as amended, now desire to further
amend the Contract.
WHEREAS, the Parties desire to amend the Contract;
WHEREAS, the Parties desire to extend the term of the Contract in accordance with ARTICLE III,
DURATION, of the Contract Signature Document;
WHEREAS, the Parties desire to add funds to the Contract for the period from July 1, 2022, through
June 30, 2023 ("Fiscal Year 2023" or "FY2023");
WHEREAS, the Parties desire to modify the Notice to Proceed provision of the Contract;
WHEREAS, the Parties desire to revise the Statement of Work and the Uniform Terms and
Conditions to the Contract;
WHEREAS, the Parties desire to incorporate ATTACHMENT F.6, FFATA CERTIFICATION FORM,
into the Contract;
WHEREAS, the Parties desire to incorporate ATTACHMENT G, FY23 INDIVIDUAL WORK PLAN,
into the Contract; and
WHEREAS, the Parties desire to revise ARTICLE VI, LEGAL NOTICES, of the Contract Signature
Document.
Now THEREFORE, the Parties hereby modify the Contract as follows:
1. ARTICLE III, DURATION, of the Contract Signature Document is amended to reflect a revised
termination date of June 30, 2023.
2. ARTICLE IV, BUDGET, of the Contract Signature Document is amended to add $261,833.00 in
federal funding to the Contract with the Grantee providing a total of $26,183.00 in match funds
for FY2023. The total not -to -exceed amount of the Contract is therefore increased to
$1,709,934.00, of which $1,554,714.00 represents federal funding and $155,220.00 represents
match. All expenditures under the Contract will be in accordance with the revised budget set
forth herein. Funds provided in support of one Contract activity may only be used for that
activity and may not be comingled with other funds provided under this Contract.
System Agency Contract No. 537-18-0127-00001
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
3. ARTICLE VI, LEGAL NOTICES, of the Contract Signature Document is amended to replace
System Agency information with the following:
SYSTEM AGENCY
Health and Human Services Commission
Attn: Office of Chief Counsel
4601 W. Guadalupe Street, Mail Code 1100
Austin, Texas 78751
with a copy to:
Department of State Health Services
Attention: General Counsel
1100 W. 491h Street, Mail Code 1919
Austin, TX 78756
4. ARTICLE VIII, NOTICE TO PROCEED, of the Contract Signature Document is hereby deleted
in its entirety and replaced with the following:
VIII. NOTICE TO PROCEED
Funding for this Contract is dependent on the award of the applicable federal grant. No
FY2023 work may begin and no charges may be incurred until the System Agency issues
a written Notice to Proceed to Grantee. This Notice to Proceed may include an amended or
ratified budget which will be incorporated into this Contract by a subsequent amendment,
as necessary. Notwithstanding the preceding, at the discretion of the System Agency,
Grantee may be eligible to receive reimbursement for eligible expenses incurred during the
period of performance as defined by 2 CFR §200.309.
System Agency Contract No. 537-18-0127-00001
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
5. ATTACHMENT B, BUDGET, is hereby amended by deleting the budget table in its entirety and
replacing it with the following:
FY18
FY19
FY20
FY21
FY22
FY23
Budget
Budget
Budget
Budget
Budget
Budget
Budget
Total Budget
Categories
Summary
Summary
Summary
Summary
Summary
Summary
Summary
(7/1/17 —
(7/1/18 —
(7/1/19 —
(7/1/20 —
(7/1/21 —
(7/1/22 —
6/30/18)
6/30/19)
6/30/20
6/30/21
6/30/22
6/30/23
Personnel
$155,220.00
$158,325.00
$151,780.00
$139,049.00
$143,216.00
$155,327.00
$902,917.00
Fringe Benefits
$74,490.00
$75,521.00
$71,837.00
$63,267.00
$66,252.00
$70,829.00
$422,196.00
Travel
$6,627.00
$4,675.00
$10,074.00
$4,918.00
$11,749.00
$6,450.00
$44,493.00
Equipment
$0.00
$0.00
$0.00
$11,634.00
$0.00
$0.00
$11,634.00
Supplies
$3,994.00
$4,250.00
$11,620.00
$17,741.00
$13,161.00
$8,140.00
$58,906.00
Contractual
$9,000.00
$5,400.00
$5,400.00
$15,600.00
$15,600.00
$10,800.00
$61,800.00
Other
$4,380.00
$8,040.00
$8,582.00
$9,624.00
$11,855.00
$10,287.00
$52,768.00
Sum of DSHS
Direct Costs
$253,711.00
$256,211.00
$259,293.00
$261,833.00
$261,833.00
$261,833.00
$1,554,714.00
Indirect Costs
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Sum of DSHS
Direct Costs and
$253,711.00
$256,211.00
$259,293.00
$261,833.00
$261,833.00
$261,833.00
$1,554,714.00
Indirect Costs
Plus, Required
Match (Cash or
$25,371.00
$25,371.00
$25,929.00
$26,183.00
$26,183.00
$26,183.00
$155,220.00
In -Kind
Total Contract
Amount I
$279,082.00
I
$281,582.00
I
$285,222.00
i
$288,016.00
$288,016.00 1
$288,016.00
$1,709,934.00
I
The Parties agree that Grantee shall provide total matching funds in the amount of $155,220.00.
As identified in this Contract and used herein, the term "Fiscal Year" or "FY" means the period
from July 1 to June 30th of the following year, and does not identify a State or Federal Fiscal
Year period, e.g. "Fiscal Year 2023" or "FY2023" means the period from July 1, 2022, through
June 30, 2023.
6. ATTACHMENT A.7, FY2023 STATEMENT OF WORK, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
7. ATTACHMENT C, HHSC UNIFORM TERMS AND CONDITIONS, is deleted and replaced in its
entirety with ATTACHMENT C, HHS UNIFORM TERMS AND CONDITIONS — GRANT, VERSION
3.0.
8. ATTACHMENT F.6, FFATA CERTIFICATION FORM, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
9. ATTACHMENT G, FY23 INDIVIDUAL WORK PLAN, is attached to this Amendment and
incorporated into the Contract as if fully set forth therein.
10. This Amendment shall be effective on July 1, 2022.
System Agency Contract No. 537-18-0127-00001
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC 1 9D1 158
11. Except as amended by this Amendment, all terms and conditions of the Contract, as previously
amended, shall remain in effect.
12. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
System Agency Contract No. 537-18-0127-00001
Do.Sign Envelope In: 90F2E5AE.5CCa-0676.804Cd08EC19D1158
SIGNATURE PAGE FOR AMENDMENT NO.6
SYSTEM AGENCY CONTRACT NO. 537-18-0127-00001
DEPARTMENT OF STATE HEALTH SERVICES CITY OF LUBBOCK
By fo:uWwa M:
Klrk CDIe
Wm1eFYSbWb...
Name: Kirk Cole
Title: Deputy Commissioner
Date of Signature: April 26, 2022
f�f'Joxwgma w
Byl :a:m 1, hi.. PO
aFaa�apyaF
Daniel M. Pope
Title: Mayor
Date of Signature: April 21, 2022
THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THIS
CONTRACT:
ATTACHMENTA.7- FY2023 STATEMENTOF WORK
ATTACHMENT C - HHS UNIFORM TERMS AND CONDITIONS —GRANT, VERSION 3.0
ATTACHMENT F.6- FFATA CERTIFICATION FORM
ATTACHMENT - FY23 INDIVIDUAL WORK PLAN
System Agency Contract No, 537-1 BA 127-OD001
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19131158
ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
For the period from July 1, 2022, through June 30, 2023 onl3L
I. GRANTEE RESPONSIBILITIES
Grantee will:
A. Perform activities in support of the Public Health Emergency Preparedness ("PHEP")
Cooperative Agreement from the Centers for Disease Control and Prevention ("CDC") to
advance public health preparedness.
B. Perform the activities required under this Contract in the following county/ies: Lubbock
County.
C. Provide System Agency with situational awareness data generated through interoperable
networks of electronic data systems.
D. Address the following public health emergency preparedness capabilities:
1. Capability 1 — Community preparedness is the ability of communities to prepare for,
withstand, and recover from public health incidents in both the short- and long-term.
2. Capability 2 — Community recovery is the ability of communities to identify critical assets,
facilities, and other services within public health, emergency management, health care,
human services, mental/behavioral health, and environmental health sectors that can guide
and prioritize recovery operations.
3. Capability 3 — Emergency operations coordination is the ability to coordinate with
emergency management and to direct and support an incident or event with public health
or health care implications by establishing a standardized, scalable system of oversight,
organization, and supervision that is consistent with jurisdictional standards and practices
and the National Incident Management System ("NIMS").
4. Capability 4 — Emergency public information and warning is the ability to develop,
coordinate, and disseminate information, alerts, warnings, and notifications to the public
and incident management personnel.
5. Capability 5 — Fatality management is the ability to coordinate with partner organizations
and agencies to provide fatality management services to ensure the proper recovery and
preservation of remains; identification of the deceased; determination of cause and manner
of death; release of remains to an authorized individual; and provision of mental/behavioral
health assistance for the grieving. The role also may include supporting activities for the
identification, collection, documentation, retrieval, and transportation of human remains,
personal effects, and evidence to the examination location or incident morgue.
6. Capability 6 — Information sharing is the ability to conduct multijurisdictional and
System Agency Contract No. 537-18-0127-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
multidisciplinary exchange of health -related information and situational awareness data
among federal, state, local, tribal, and territorial levels of government and the private
sector. This capability includes the routine sharing of information as well as issuing of
public health alerts to all levels of government and the private sector in preparation for and
in response to events or incidents of public health significance.
7. Capability 7 — Mass care is the ability of public health agencies to coordinate with and
support partner agencies to address, within a congregate location (excluding shelter -in -
place locations), the public health, health care, mental behavioral health, and human
services needs of those impacted by an incident. This capability includes coordinating
ongoing surveillance and public health assessments to ensure that health needs continue to
be met as the incident evolves.
8. Capability 8 — Medical countermeasure dispensing and administration is the ability to
provide medical countermeasures to targeted population(s) to prevent, mitigate, or treat the
adverse health effects of a public health incident, according to public health guidelines.
This capability focuses on dispensing and administering medical countermeasures, such as
vaccines, antiviral drugs, antibiotics, and antitoxins.
9. Capability 9 — Medical materiel management and distribution is the ability to acquire,
manage, transport, and track medical materiel during a public health incident or event and
the ability to recover and account for unused medical materiel, such as pharmaceuticals,
vaccines, gloves, masks, ventilators, or medical equipment after an incident.
10. Capability 10 — Medical surge is the ability to provide adequate medical evaluation and
care during events that exceed the limits of the normal medical infrastructure of an affected
community. It encompasses the ability of the health care system to endure a hazard impact,
maintain or rapidly recover operations that were compromised, and support the delivery of
medical care and associated public health services, including disease surveillance,
epidemiological inquiry, laboratory diagnostic services, and environmental health
assessments.
11. Capability 11 — Nonpharmaceutical interventions are actions that people and communities
can take to help slow the spread of illness or reduce the adverse impact of public health
emergencies. This capability focuses on communities, community partners, and
stakeholders recommending and implementing nonpharmaceutical interventions in
response to the needs of an incident, event, or threat. Nonpharmaceutical interventions may
include isolation; quarantine; restrictions on movement and travel advisories or warnings;
social distancing; external decontamination; hygiene; and precautionary protective
behaviors.
12. Capability 12 — Public health laboratory testing is the ability to implement and perform
methods to detect, characterize, and confirm public health threats. It also includes the
ability to report timely data, provide investigative support, and use partnerships to address
actual or potential exposure to threat agents in multiple matrices, including clinical
specimens and food, water, and other environmental samples. This capability supports
passive and active surveillance when preparing for, responding to, and recovering from
System Agency Contract No. 537-18-0127-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
biological, chemical, and radiological (if a Radiological Laboratory Response Network is
established) public health threats and emergencies.
13. Capability 13 — Public health surveillance and epidemiological investigation is the ability
to create, maintain, support, and strengthen routine surveillance and detection systems and
epidemiological investigation processes. It also includes the ability to expand these systems
and processes in response to incidents of public health significance.
14. Capability 14 — Responder safety and health is the ability to protect public health and other
emergency responders during pre -deployment, deployment, and post -deployment.
15. Capability 15 — Volunteer management is the ability to coordinate with emergency
management and partner agencies to identify, recruit, register, verify, train, and engage
volunteers to support the jurisdictional public health agency's preparedness, response, and
recovery activities during pre -deployment, deployment, and post -deployment.
E. Match funds awarded under this Contract with costs or third -party contributions that are not
paid by the federal government under another award, except where authorized by federal
statute to be used for cost -sharing or matching. The non-federal contributions (match) may be
provided directly or through donations from public or private entities and may be in cash or
in -kind donations, fairly evaluated, including plant, equipment, or services. The costs that the
Grantee incurs in fulfilling the matching or cost -sharing requirement are subject to the same
requirements, including the cost principles, that are applicable to the use of federal funds,
including prior approval requirements and other rules for allowable costs as described in 45
CFR 74.23 and 45 CFR 92.24, as amended.
Grantee will provide matching funds in the amount of ten percent (10%) of the Contract
amount as set forth in ATTACHMENT B, BUDGET. Cash match is defined as an expenditure of
cash by the Grantee on allowable costs of this Contract that are borne by the Grantee. In -kind
match is defined as the dollar value of non -cash contributions by a third party given in goods,
commodities, or services that are used in activities that benefit this Contract's project and that
are contributed by non-federal third parties without charge to the Grantee. The criteria for
match must:
1. Be an allowable cost under the applicable federal cost principle;
2. Be necessary and reasonable for the efficient accomplishment of project or program
objectives;
3. Be verifiable within the Grantee's (or subgrantee's) records;
4. Be documented, including methods and sources, in the approved budget (applies only
to cost reimbursement contracts);
5. Not be included as contributions toward any other federally -assisted project or program
(match can count only once);
6. Not be paid by the federal government under another award, except where authorized
by federal statute to be used for cost -sharing or match;
System Agency Contract No. 537-18-0127-00001
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
7. Conform to other provisions of governing circulars/statutes.' regulations as applicable
for the Contract;
8. Be adequately documented;
9. Follow procedures for generally accepted accounting practices as well as meet audit
requirements; and
10. Value the in -kind contributions reported and be supported by documentation reflecting
the use of goods and/or services during the Contract term.
F. In the event of a local, state, or federal emergency, the Grantee has the authority to utilize
approximately five percent (5%) of the Grantee's staff s time supporting this Contract for
response efforts. System Agency will reimburse Grantee up to five percent of this Contract
funded by the CDC for personnel costs responding to an emergency event. Grantee will
maintain records to document the time spent on response efforts for auditing purposes.
Allowable activities also include participation in drills and exercises in the pre -event time
period. Grantee will notify the System Agency Contract Manager in writing when this
provision is implemented.
G. In the event of a public health emergency involving a portion of the state, mobilize and dispatch
staff or equipment purchased with funds from previous PHEP cooperative agreements, and not
currently performing critical duties in the jurisdiction served, to the affected area of the state
upon receipt of a written request from System Agency.
H. Coordinate activities and response plans within the jurisdiction with the state, regional, and
other local jurisdictions, among local agencies, and with hospitals and major health care
entities, jurisdictional Metropolitan Medical Response Systems, and Councils of Government.
I. Inform System Agency in writing if Grantee will not continue performance under this Contract
within thirty (30) days of receipt of an amended standard(s) or guideline(s). System Agency
may terminate this Contract immediately or within a reasonable period of time as determined
by System Agency.
J. Develop, implement, and maintain a timekeeping system for accurately documenting staff time
and salary expenditures for all staff funded through this Contract, including partial full-time
employees and temporary staff.
K. Complete and submit programmatic reports as directed by System Agency in a format specified
by System Agency and as needed to satisfy information -sharing requirements set forth in Texas
Government Code, Sections 421.071 and 421.072 (b) and (c), as amended. Grantee will provide
System Agency other reports, including financial reports, that System Agency determines
necessary to accomplish the objectives of this Contract and to monitor compliance.
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
L. Submit the Vulnerable Populations Plan that encompasses the Contract term to the System
Agency to the Department of State Health Services ("DSHS") Center for Health Emergency
Preparedness and Response ("CHEPR") within an established timeframe and submission
method designated by the Contractual Requirements Schedule. The Work Plan, referred to in
this Contract as ATTACHMENT G, WORK PLAN, was submitted to DSHS with the Budget
Packet. Any revisions to the Work Plan require written approval by DSHS.
M. Submit a current Integrated Preparedness Plan ("IPP' ; formerly the Multi -Year Training and
Exercise Plan ["MYTEP"]), which must include at least four years of progressive exercise
planning, to the System Agency within an established timeframe and submission method
designated by the Contractual Requirements Schedule, using the template provided by System
Agency.
N. Submit at least one After Action Review/Improvement Plan ("AAR/IP"). All AAR/IPs must
be submitted to the System Agency within 60 calendar days, or 90 calendar days for Real
World Incident ("RWI"), of the completion of the exercise/response within an established
timeframe and submission method designated by the Contractual Requirements Schedule.
AAR/IPs must be completed in accordance with Notification and Reporting of Exercise Grant.
O. Complete and submit the Expanded Operational Readiness Review ("ORR") to CDC and
upload supporting documentation to the System Agency via the DSHS CHEPR External
SharePoint site by April 1, 2023. Documentation is required within an established timeframe
designated by the Contractual Requirements Schedule.
P. Submit the End -of -Year Performance Report to the System Agency within an established
timeframe and submission method designated by the Contractual Requirements Schedule.
Q. Designate a member of the PHEP program to attend two regional healthcare coalition meetings
during the Contract term, if meetings resume during the Contract term. Submit evidence of
attendance, within an established timeframe designated by the Contractual Requirements
Schedule.
R. Immediately notify System Agency in writing if Grantee is legally prohibited from providing
any report under this Contract.
S. Have plans, processes, and training in place to meet NIMS compliance requirements.
T. When using volunteers during the Contract term, the Grantee must designate a Texas Disaster
Volunteer Registry ("TDVR") State Emergency System for the Advanced Registration of
Volunteer Health Professionals ("ESAR-VHP") System Administrator, participate in required
administrator trainings, and utilize the system to identify volunteers.
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
U. Grantee may not use funds for research, clinical care, fund-raising activities or lobbying,
construction or major renovations, reimbursement of pre -award costs, to supplant existing state
or federal funds for activities, payment or reimbursement of backfilling costs for staff, purchase
of vehicles of any kind, uniforms or furniture, or funding an award to another party or provider
who is ineligible.
V. None of the funds made available under this agreement may be used to promote or advocate
the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence
shall be construed to preclude the provision to individuals of palliative care, treatment, or post -
exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities,
including test kits, condoms, and, when proven effective, microbicides.
W. Cooperate with System Agency to coordinate all planning, training and exercises performed
under this Contract with the Texas Division of Emergency Management ("TDEM"), or other
points of contact at the discretion of the Division for Regional and Local Health Operations,
to ensure consistency and coordination of requirements at the local level and eliminate
duplication of effort between the various domestic preparedness funding sources in the state.
X. Coordinate all risk communication activities with the System Agency Communications Unit by
using System Agency's core messages posted on the System Agency website and submitting
copies of draft risk communication materials to System Agency for coordination prior to
dissemination.
Y. Initiate the purchase of all equipment approved in writing by the System Agency in the first
quarter of the Contract term, 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 Contract must be
submitted to the assigned System Agency Contract Manager.
Z. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property.
Grantee shall submit an annual cumulative report of the equipment and other property on HHS
System Agency Grantee's Property Inventory Report to the assigned System Agency Contract
Manager by email not later than October 15 of each year. Controlled Assets include firearms,
regardless of the acquisition cost, and the following 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.
AA. Provide notification of budget transfers by submission of a revised Categorical Budget
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
Form to the System Agency Contract Manager, highlighting the areas affected by the budget
transfer.
Transferring funds between budget categories, other than the equipment and indirect cost
categories, is allowable, but cannot exceed 25% of the total Contract value during a Contract
budget period. If the budget transfer(s) exceeds 25% of the total Contract value, alone or
cumulatively, a formal Contract amendment is required.
After review, the System Agency Contract Manager shall provide notification of acceptance
to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the
Contract.
BB. Not use System Agency funds to purchase buildings or real property without prior written
approval from the System Agency. Any costs related to the initial acquisition of the buildings
or real property are not allowable without written pre -approval.
CC. At the expiration or termination of this Contract for any reason, title to any remaining
equipment and supplies purchased with funds under this Contract reverts to System Agency.
Title may be transferred to any other party designated by System Agency. The System Agency
may, at its option and to the extent allowed by law, transfer the reversionary interest to such
property to Grantee.
DD. Comply with all applicable federal and state laws, rules, and regulations, as amended,
including, but not limited to, the following:
1. Public Law 109-417, Pandemic and All -Hazards Preparedness and Advancing
Innovation Act ("PAHPAI");
2. Texas Health and Safety Code Chapter 81; and
3. Section 319C-1 of the Public Health Service (PHS) Act (47 USC § 247d-3a), as
amended.
EE. Comply with all applicable regulations, standards and guidelines in effect on the beginning
date of the term of this Contract.
FF. Submit other reports as required by System Agency. The initial reporting schedule for the
requirements is subject to change as System Agency and CDC may modify requirements and
due dates.
GG. Work with the Regional Health Care Coalition to develop comprehensive preparedness
strategies. Plans will be submitted to System Agency by the Health Care Coalition.
II. PERFORMANCE MEASURES
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
A. The System Agency will monitor the Grantee's performance of the requirements in this
Attachment and compliance with the Contract's terms and conditions.
B. Grantee will meet and report Performance Measures based on requirements that are developed
in coordination with System Agency for the Grantee's project as provided in Section I. Grantee
must also demonstrate adherence to PHEP reporting deadlines and the capability to receive,
stage, store, distribute, and dispense materiel during a public health emergency. Failure to meet
these requirements may result in withholding a portion of the current fiscal year PHEP base
award.
C. System Agency will send a Contractual Requirements Schedule for reporting these
Performance Measures within thirty (30) days of this Amendment No. 6 effective date.
III. INVOICE AND PAYMENT
A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) monthly
and acceptable supporting documentation for reimbursement of the required
services/deliverables. The Grantee will submit the Financial Status Report (FSR-269A).
Additionally, the Grantee will submit the Match Certification Form (B-13A), at the end of the
fourth quarter. Vouchers, supporting documentation, Financial Status Reports, and Match
Certification Forms should be mailed or emailed to the addresses below.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
FAX: (512) 458-7442
EMAIL: invoices(u;dshs.texas.gov & CMSInvoicesa dshs.texas gov
B-13s and supporting documentation should be sent to: invoices(a;dshs.texas.gov &
CMSInvoices(aAshs.texas.g_ov & cc System Agency Contract Manager.
FSRs should be sent to: FSRGrantsra, dshs.texas. ov & CMSInvoices dshs.texas. ov & cc
System Agency Contract Manager.
B. Grantee will be reimbursed on a monthly basis and in accordance with ATTACHMENT B,
BUDGET of the Contract.
C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the
event of financial shortfalls. System Agency will monitor Grantee's expenditures on a
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ATTACHMENT A.7
FY2023 STATEMENT OF WORK
July 1, 2022 through June 30, 2023
quarterly basis. If expenditures are below that projected in Grantee's total Contract amount,
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.
D. Grantee may request a one-time working capital advance not to exceed twelve percent (12%)
of the total amount of the Contract funded by System Agency. All advances must be expended
by the end of the Contract term. Advances not expended by the end of the Contract term must
be refunded to System Agency. Grantee will repay all or part of advance funds at any time
during the Contract's term. However, if the advance has not been repaid prior to the last three
months of the Contract term, the Grantee must deduct at least one-third of the remaining
advance from each of the last three months' reimbursement requests. If the advance is not
repaid prior to the last three months of the Contract term, System Agency will reduce the
reimbursement request by one-third of the remaining balance of the advance.
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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
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC1 9D1 158
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 ..................11
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
RESPONSE/COMPLIANCE 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
ARTICLEX. INDEMNITY..............................................................................................
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 EXCEEDING TOBACCO -FREE WORKPLACE
POLICY MINIMUM STANDARDS..........................................................................
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 MAJEURE................................................................................................
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 DEFINITIONS
As used in this Grant Agreement, unless a different definition is specified, or the context
clearly indicates otherwise, the following terms and conditions have the meanings assigned
below:
"Amendment" means a written agreement, signed by the Parties, which documents
changes to the Grant Agreement.
"Contract" or "Grant Agreement' means the agreement entered into by the Parties,
including the Signature Document, these Uniform Terms and Conditions, along with any
attachments and amendments that may be issued by the System Agency.
"Deliverables" means the goods, services, and work product, including all reports and
project documentation, required to be provided by Grantee to the System Agency.
"DSHS" means the Department of State Health Services.
"Effective Date" means the date on which the Grant Agreement takes effect.
"Federal Fiscal Year" means the period beginning October 1 and ending September 30
each year, which is the annual accounting period for the United States government.
"GAAP" means Generally Accepted Accounting Principles.
"GASB" means the Governmental Accounting Standards Board.
"Grantee" means the Party receiving funds under this Grant Agreement. May also be
referred to as "subrecipient" or "contractor" in this document.
"HHSC" means the Texas Health and Human Services Commission.
"Health and Human Services" or "HHS" includes HHSC and DSHS.
"Intellectual Property Rights" means the worldwide proprietary rights or interests,
including patent, copyright, trade secret, and trademark rights, as such right may be
evidenced by or embodied in:
i. any idea, design, concept, personality right, method, process, technique,
apparatus, invention, discovery, or improvement;
ii. any work of authorship, including any compilation, computer code, website or
web page design, literary work, pictorial work, or graphic work;
iii. any trademark, service mark, trade dress, trade name, branding, or other indicia
of source or origin;
iv. domain name registrations; and
v. any other proprietary or similar rights. The Intellectual Property Rights of a Party
include all worldwide proprietary rights or interests that the Party may have
acquired by assignment, by exclusive license, or by license with the right to grant
sublicenses.
"Parties" means the System Agency and Grantee, collectively.
"Party" means either the System Agency or Grantee, individually.
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"Project" 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 unfinished,
and whether or not included in the deliverables, that are developed, produced, generated
or provided by Grantee in connection with Grantee's performance of its duties under the
Grant Agreement or through use of any funding provided under this Grant Agreement.
"Texas Grant Management Standards" or "TxGMS" means uniform grant and contract
administration procedures, developed under the authority of Chapter 783 of the
Texas Government Code, to promote the efficient use of public funds in local
government and in programs requiring cooperation among local, state, and federal
agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise
provided by applicable law or directed by System Agency. Additionally, except as
otherwise provided by applicable law, in the event of a conflict between TxGMS and
applicable federal or state law, federal law prevails over state law and state law prevails
over TxGMS.
1.2 INTERPRETIVE PROVISIONS
A. The meanings of defined terms include the singular and plural forms.
B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant
Agreement as a whole and not to any particular provision, section, attachment, or
schedule of this Grant Agreement unless otherwise specified.
C. The term "including" is not limiting and means "including without limitation" and,
unless otherwise expressly provided in this Grant Agreement, (i) references to contracts
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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 term of the Grant Agreement.
E. The captions and headings of this Grant Agreement are for convenience of reference
only and do not affect the interpretation of this Grant Agreement.
F. All attachments, including those incorporated by reference, and any Amendments are
considered part of the terms of this Grant Agreement.
G. This Grant Agreement may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and policies are
cumulative.
H. Unless otherwise expressly provided, reference to any action of the System Agency or
by the System Agency by way of consent, approval, or waiver will be deemed modified
by the phrase "in its sole discretion."
I. Time is of the essence in this Grant Agreement.
J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's
designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other
error. If Grantee fails to notify the System Agency designated contact of any ambiguity,
conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's
execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s).
No grantee will be entitled to additional reimbursement, relief, or time by reason of any
ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or
its later correction.
ARTICLE II. PAYMENT PROVISIONS
2.1 PROMPT PAYMENT
Payment shall be made in accordance with Chapter 2251 of the Texas Government Code,
commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas
Government Code shall govern remittance of payment and remedies for late payment and
non-payment.
2.2 TAXES
Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from
the Grant Agreement, including, but not limited to, any federal, State, or local income, sales
or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes
resulting from the Grant Agreement.
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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: hM2s://fmx.cl2a.texas.gov/fmx/travel/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 in
securing other funding without the written approval of the System Agency.
2.7 PROGRAM INCOME
Program income refers to gross income directly generated by a supporting activity during
the period of performance. Unless otherwise required under the Grant Agreement, Grantee
shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall
spend the Program Income on the Project. Grantee shall identify and report Program Income
in accordance with the Grant Agreement, applicable law, and any programmatic guidance.
Grantee shall expend Program Income during the Grant Agreement term, when earned, and
may not carry Program Income forward to any succeeding term. Grantee shall refund
Program Income to the System Agency if the Program Income is not expended in the term in
which it is earned. The System Agency may base future funding levels, in part, upon
Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and
in using Program Income for the purposes and under the conditions specified in this Grant
Agreement.
2.8 NONSUPPLANTING
Grant funds must be used to supplement existing, new or corresponding programming and
related activities. Grant funds may not be used to supplant (replace) existing funds that have
been appropriated, allocated, or disbursed for the same purpose. System Agency may
conduct Grant monitoring or audits may be conducted to review, among other things,
Grantee's compliance with this provision.
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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 funds which were not provided or otherwise made available to Grantee
under this Grant Agreement.
ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS
4.1 ALLOWABLE COSTS
A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant
Management Standards (TxGMS) and applicable state and federal rules and laws. This
Grant Agreement is subject to all applicable requirements of TxGMS, including the
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 https•//hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or,
ii. Email to: single audit r orta7hhsc.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 httys://hhMortal.hhs.state.tx.us/heartwebextr/hhscSau; or,
ii. Email to: single audit_ WortL&hhsc.state.tx.us.
ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND
CERTIFICATIONS
5.1 WARRANTY
Grantee warrants that all work under this Grant Agreement shall be completed in a manner
consistent with standards under the terms of this Grant Agreement, in the applicable trade,
profession, or industry; shall conform to or exceed the specifications set forth in the Grant
Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no
material defects. If System Agency, in its sole discretion, determines Grantee has failed to
complete work timely or to perform satisfactorily under conditions required by this Grant
Agreement, the System Agency may require Grantee, at its sole expense, to:
i. Repair or replace all defective or damaged work;
ii. Refund any payment Grantee received from System Agency for all defective or
damaged work and, in conjunction therewith, require Grantee to accept the return of
such work; and,
iii. Take necessary action to ensure that Grantee's future performance and work conform
to the Grant Agreement requirements.
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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 VI. INTELLECTUAL PROPERTY
6.1 OWNERSHIP OF WORK PRODUCT
A. All right, title, and interest in the Work Product, including all Intellectual Property
Rights therein, is exclusively owned by System Agency. Grantee and Grantee's
employees will have no rights in or ownership of the Work Product or any other property
of System Agency.
B. Any and all Work Product that is copyrightable under United States copyright law is
deemed to be "work made for hire" owned by System Agency, as provided by Title 17
of the United States Code. To the extent that Work Product does not qualify as a "work
made for hire" under applicable federal law, Grantee hereby irrevocably assigns and
transfers to System Agency, its successors and assigns, the entire right, title, and interest
in and to the Work Product, including any and all Intellectual Property Rights
embodied therein or associated therewith, and in and to all works based upon, derived
from, or incorporating the Work Product, and in and to all income, royalties, damages,
claims and payments now or hereafter due or payable with respect thereto, and in and to
all causes of action, either in law or in equity for past, present or future infringement
based on the copyrights, and in and to all rights corresponding to the foregoing.
C. Grantee agrees to execute all papers and to perform such other acts as System Agency
may deem necessary to secure for System Agency or its designee the rights herein
assigned.
D. In the event that Grantee has any rights in and to the Work Product that cannot be
assigned to System Agency, Grantee hereby grants to System Agency an exclusive,
worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to
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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.
E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that
are incorporated in the Work Product by Grantee. Grantee shall provide System Agency
access during normal business hours to all Grantee materials, premises, and computer
files containing the Work Product.
6.2 GRANTEE'S PRE-EXISTING WORKS
A. To the extent that Grantee incorporates into the Work Product any works of Grantee that
were created by Grantee or that Grantee acquired rights in prior to the Effective Date of
this Grant Agreement ("Incorporated Pre-existing Works"), Grantee retains ownership
of such Incorporated Pre-existing Works.
B. Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive,
royalty -free, transferable, worldwide right and license, with the right to sublicense, to
use, reproduce, modify, copy, create derivative works of, publish, publicly perform and
display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in
any medium, with or without the associated Work Product.
C. Grantee represents, warrants, and covenants to System Agency that Grantee has all
necessary right and authority to grant the foregoing license in the Incorporated Pre-
existing Works to System Agency.
6.3 THIRD PARTY IP
A. To the extent that any Third Party IP is included or incorporated in the Work Product by
Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable
third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive,
worldwide, royalty -free right and license, for System Agency's internal business or
governmental purposes only, to use, reproduce, display, perform, distribute copies of,
and prepare derivative works based upon such Third Party IP and any derivative works
thereof embodied in or delivered to System Agency in conjunction with the Work
Product, and to authorize others to do any or all of the foregoing.
B. Grantee shall obtain System Agency's advance written approval prior to incorporating
any Third Party IP into the Work Product, and Grantee shall notify System Agency on
delivery of the Work Product if such materials include any Third Party IP.
C. Grantee shall provide System Agency all supporting documentation demonstrating
Grantee's compliance with this Section 6.3, including without limitation documentation
indicating a third party's written approval for Grantee to use any Third Party IP that may
be incorporated in the Work Product.
6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS
Grantee shall have written, binding agreements with its employees and subcontractors that
include provisions sufficient to give effect to and enable Grantee's compliance with
Grantee's obligations under this Article VI, Intellectual Property.
6.5 DELIVERY UPON TERMINATION OR EXPIRATION
No later than the first calendar day after the termination or expiration of the Grant Agreement
or upon System Agency's request, Grantee shall deliver to System Agency all completed, or
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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. The
foregoing shall be at no cost to System Agency.
E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect,
and/or transmit the System Agency Data shall not excuse Grantee's performance of its
obligations hereunder.
ARTICLE VII. PROPERTY
7.1 USE OF STATE PROPERTY
A. Grantee is prohibited from using State Property for any purpose other than performing
Services authorized under the Grant Agreement.
B. State Property includes, but is not limited to, System Agency's office space,
identification badges, System Agency information technology equipment and networks
(e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data
storage devices, any System Agency -issued software, and the System Agency Virtual
Private Network (VPN client)), and any other resources of System Agency.
C. Grantee shall not remove State Property from the continental United States. In addition,
Grantee may not use any computing device to access System Agency's network or e-
mail while outside of the continental United States.
D. Grantee shall not perform any maintenance services on State Property unless the Grant
Agreement expressly authorizes such Services.
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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.
B. 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.
E 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 AUDIT OR INSPECTION FINDINGS
A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections
necessary to address any finding of noncompliance with any law, regulation, audit
requirement, or generally accepted accounting principle, or any other deficiency
identified in any audit, review, 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. This
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.
B. Unless expressly authorized by System Agency, Grantee may not be entitled to
reimbursement for expenses incurred while the Grant Agreement is suspended.
C. No action taken by System Agency in exercising remedies or imposing sanctions will
constitute or operate as a waiver of any other rights or remedies available to System
Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by
System Agency in exercising remedies or imposing sanctions will constitute or operate
as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by
System Agency, Grantee may not be entitled to reimbursement for expenses incurred
while the Grant Agreement is suspended or after termination.
9.2 TERMINATION FOR CONVENIENCE
The System Agency may terminate the Grant Agreement, in whole or in part, at any time
when, in its sole discretion, the System Agency determines that termination is in the best
interests of the State of Texas. The termination will be effective on the date specified in the
System Agency's notice of termination.
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.
ii. Failure to Maintain Financial Viability
The System Agency may terminate the Grant Agreement if the System Agency, in
its sole discretion, determines that Grantee no longer maintains the financial
viability required to complete the services and deliverables, or otherwise fully
perform its responsibilities under the Grant Agreement.
B. System Agency will specify the effective date of such termination in the notice to
Grantee. If no effective date is specified, the Grant Agreement will terminate on the
date of the notification.
9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS
If the System Agency terminates the Grant Agreement for cause, the Grantee shall be
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:
1 THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT;
ii ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR
OTHER SERVICE PROVIDED HEREUNDER; AND/OR
K 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 XI. GENERAL PROVISIONS
11.1 AMENDMENTS
Except as otherwise expressly provided, the Grant Agreement may only be amended by a
written Amendment executed by both Parties.
11.2 NO QUANTITY GUARANTEES
The System Agency makes no guarantee of volume or usage of work under this Grant
Agreement. All work requested may be on an irregular and as needed basis throughout the
Grant Agreement term.
11.3 CHILD ABUSE REPORTING REQUIREMENTS
A. Grantees shall comply with child abuse and neglect reporting requirements in Texas
Family Code Chapter 261. This section is in addition to and does not supersede any
other legal obligation of the Grantee to report child abuse.
B. Grantee shall 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
h s:llwww.txabusehotline.or Lo inlDefault.as x as required by the System
Agency. Grantee shall retain reporting documentation on site and make it available for
inspection by the System Agency.
11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO -FREE WORKPLACE POLICY
MINIMUM STANDARDS
A. Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that
meets or exceeds all of the following minimum standards of:
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 under this Contract, including a schedule of coverage or underwriter's
schedules establishing to the satisfaction of the System Agency the nature and extent of
coverage granted by each such policy, upon request by the System Agency. In the event that
any policy is determined by the System Agency to be deficient to comply with the terms of
this Contract, Grantee shall secure such additional policies or coverage as the System
Agency may reasonably request or that are required by law or regulation. If coverage expires
during the term of this Contract, Grantee must produce renewal certificates for each type of
coverage. In addition, if required by System Agency, Grantee must obtain and have on file a
blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant
funds, including applicable matching funds. The fidelity bond must cover the entirety of the
grant term and any subsequent renewals. The failure of Grantee to comply with these
requirements may subject Grantee to remedial or corrective actions detailed in section 10.1,
General Indemnity, above.
These and all other insurance requirements under the Grant apply to both Grantee and its
Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance
with all requirements.
11.6 LIMITATION ON AUTHORITY
A. Grantee shall not have any authority to act for or on behalf of the System Agency or the
State of Texas except as expressly provided for in the Grant Agreement; no other
authority, power, or use is granted or implied. Grantee may not incur any debt,
obligation, expense, or liability of any kind on behalf of System Agency or the State of
Texas.
B. Grantee may not rely upon implied authority and is not granted authority under the Grant
Agreement to:
i. Make public policy on behalf of the System Agency;
ii. Promulgate, amend, or disregard administrative regulations or program policy
decisions made by State and federal agencies responsible for administration of a
System Agency program; or
iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas
HHS Uniform Terms and Conditions — Grant v. 3.0
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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
arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis
County, Texas, unless the specific venue is otherwise identified in a statute which directly
names or otherwise identifies its applicability to the System Agency.
11.12 SEVERABILITY
If any provision contained in this Grant Agreement is held to be unenforceable by a court of
law or equity, such construction will not affect the legality, validity, or enforceability of any
other provision or provisions of this Grant Agreement. It is the intent and agreement of the
Parties this Grant Agreement shall be deemed amended by modifying such provision to the
extent necessary to render it valid, legal and enforceable while preserving its intent or, if
such modification is not possible, by substituting another provision that is valid, legal and
enforceable and that achieves the same objective. All other provisions of this Grant
Agreement will continue in full force and effect.
11.13 SURVIVABILITY
Expiration or termination of the Grant Agreement for any reason does not release Grantee
from any liability or obligation set forth in the Grant Agreement that is expressly stated to
survive any such expiration or termination, that by its nature would be intended to be
applicable following any such expiration or termination, or that is necessary to fulfill the
essential purpose of the Grant Agreement, including without limitation the provisions
regarding return of grant funds, audit requirements, records retention, public information,
warranty, indemnification, confidentiality, and rights and remedies upon termination.
11.14 FORCE MAJEURE
Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of
performance, of any requirement included in the Grant Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until
after the causes of delay or failure have been removed provided the non -performing party
exercises all reasonable due diligence to perform. Force majeure is defined as acts of God,
war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are
beyond the reasonable control of either party and that by exercise of due foresight such party
could not reasonably have been expected to avoid, and which, by the exercise of all
reasonable due diligence, such party is unable to overcome.
11.15 NO IMPLIED WAIVER OF PROVISIONS
The failure of the System Agency to object to or to take affirmative action with respect to
any conduct of the Grantee which is in violation or breach of the terms of the Grant
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation or breach.
11.16 FUNDING DISCLAIMERS AND LABELING
A. Grantee shall not use System Agency's name or refer to System Agency directly or
indirectly in any media appearance, public service announcement, or disclosure relating
to this Grant Agreement including any promotional material without first obtaining
HHS Uniform Terms and Conditions — Grant v. 3.0
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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 party's products, services, workshops, trainings, or other commercial
offerings on any website portal or internet-based service or software application hosted
or managed by Grantee. This does not limit the Grantee's responsibility to comply with
obligations related to the Texas Public Information Act or Texas Open Meetings Act.
B. In general, no publication (including websites, reports, projects, etc.) may convey
System Agency's recognition or endorsement of the Grantee's project without prior
written approval from System Agency. Publications funded in part or wholly by HHS
grant funding must include a statement that "HHS and neither any of its components
operate, control, are responsible for, or necessarily endorse, this publication (including,
without limitation, its content, technical infrastructure, and policies, and any services or
tools provided)" at HHS's request.
11.17 MEDIA RELEASES
A. Grantee shall not use System Agency's name, logo, or other likeness in any press
release, marketing material or other announcement without System Agency's prior
written approval. System Agency does not endorse any vendor, commodity, or service.
Grantee is not authorized to make or participate in any media releases or public
announcements pertaining to this Grant Agreement or the Services to which they relate
without System Agency's prior written consent, and then only in accordance with
explicit written instruction from System Agency.
B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant
Agreement with the System Agency's prior review and approval, which the System
Agency may exercise at its sole discretion. Any publication (written, visual, or sound)
will acknowledge the support received from the System Agency and any Federal agency,
as appropriate.
11.18 PROHIBITION ON NON -COMPETE RESTRICTIONS
Grantee shall not require any employees or Subcontractors to agree to any conditions, such
as non -compete clauses or other contractual arrangements, that would limit or restrict such
persons or entities from employment or contracting with the State ofTexas.
11.19 SOVEREIGN IMMUNITY
Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or
the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as
a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the
System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement,
of any privileges, rights, defenses, remedies, or immunities available to the System Agency
or the State of Texas under the Grant Agreement or under applicable law shall not constitute
a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a
basis for estoppel. System Agency does not waive any privileges, rights, defenses, or
immunities available to System Agency by entering into the Grant Agreement or by its
conduct prior to or subsequent to entering into the Grant Agreement.
HHS Uniform Terms and Conditions — Grant v. 3.0
Effective August 2021
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DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC 1 9D1 158
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
HHS Uniform Terms and Conditions — Grant v. 3.0
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DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC1 9D1 158
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://hhs.texas.goviabout-hhs,'your-rights civil-rights-officeicivil-rits-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. 51 st Street, Mail CodeW206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 438-4313
Fax: (512) 438-5885
Email: HHSCivilRightsOffice@hhsc.state.tx.us.
11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS
Grantee shall conform to HHS standards for data management as described by the policies
of the HHS 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
HHS Uniform Terms and Conditions — Grant v. 3.0
Effective August 2021
Page 28 of 29
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
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.
HHS Uniform Terms and Conditions — Grant v. 3.0
Effective August 2021
Page 29 of 29
Doculsign Errvebpe ID: 90F2ESAE3CD 6604O708ECM1168
Attachment F.6
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
The certifications enumerated below represent material facts 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. If the
Sianor cannot cert fv all of the statements contained in this section. Slanor must Provide written
Legal Name of Contractor:
FFATA Contact a 1 Name, Email and Phone Number:
City of Lubbock, TX
Ketberine Wells
KWells@mail.ci.lubbock.ts.us
80&775-2941
Primary Address of Contractor:
FFATA Contact g2 Name, Email and Phone Number:
1314 Avenue K
Amber Aguilar
Lubbock TX
AAguibr@mail.ci.lubbock.tx.us
80b-775-2149
ZIP Code: 9-digits Required www.usas.com
DUNS Number: "ISIts Required www.sam.eov
940 415
State of Texas Comptroller Vendor Identification Number (VIN)14 Digits
1756 ODD 90 7
Printed Name of Authorized Representative
Signature of Authorized Representative
Linda Cuellar
oaaurYaraar.
Title of Authorized Representative
ai��awemwsco...
Director of Accounting
kpril20, 2022
-1-
D4parbonrt of stare Rash eervkas Fenn 4734—June 2013
DocuSlgn Envelope ID: 9DF2E5AE5CC4-0676-804C-1DBEC19D1158
Attachment F.6
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 yea ?❑ Yes ❑x No
If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification.
If your answer is "No", answer questions "Wand "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 ❑x No
B. Certification Regarding Amount of Annual Gross from Federal Awards.
Did your organization receive $25 million or more in annual gross revenues from federal
awards In the preceding fiscal year? ❑x Yes ❑ No
If your answer is "Yes" to both question "A" and "B", you must answer question "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 "Yes" to this question, where can this Information be accessed?
If your answer is "No" to this question, you must provide the names and total
compensation of the top five highly compensated officers below.
For example:
John Blum:500000; Mary Redd:50000;Eric Gant:400000;Todd Platt:300000;
Sally Tom:300000
Provide compensation information here: note quimd
Not required to complcto
2-
Depa"ent of State Health Surrlcec Form 4734—June 2013
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC1 9D1 158
Public Health Emergency Preparedness
Work Plan and Vulnerable Populations Plan Template
Budget Period (BP) 4- FY23
Term: 7/1/2022 - 6/30/2023
Due: January 25, 2022
Jurisdiction: City of Lubbock
Report Completed by: Rachel Dolan
Email: rdolan@mylubbock.us
Phone: 806-775-2917
Instructions: This template should be used to outline the work plan for Budget Period
(BP) 4 - FY23 and provide a general summary of planned activities. Jurisdiction should:
• Select three (3) or more capabilities to work on in BP4- FY23.
• Develop the work plan by identifying jurisdictional needs within a capability,
assessing current resources, and developing a plan to address identified gaps.
Work Plan tasks and activities may be linked to the ongoing COVID-19 response.
• Carrying capabilities forward from previous budget periods: Capabilities for
BP4- FY23 may be the same as prior year selections. If the jurisdiction intends to
carry work forward from BP3 - FY22 to BP4 - FY23, please mark this on page 3.
• Changing capabilities: Capabilities can be changed during the budget period. If
there is a change to capabilities, please email a notification to the PHEP email
inbox (PHEP@dshs.texas.gov).
• Medical Countermeasures: If Capabilities 8 and/or 9 (medical countermeasures)
are selected, jurisdictions must select at least one (1) additional capability.
• Complete the Vulnerable Populations Planning Module.
Please email the completed jurisdictional work plan to the PHEP email inbox
(PH EP@dshs.texas. gov) by January 25,2022.
PAGE
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Public Health Emergency Preparedness
Work Plan Template
Work Plan Executive Summary:
Please provide a very brief overview of the jurisdiction's goals for BP4 — FY23.
In FY23, we will work on completing county -wide projects that were initiated in FY22
that may not be completed by July. This includes a new County Hazard Mitigation Plan
(not included in the FY22 workplan) and the procurement and implementation of a new
Disease Surveillance system.
We will also assist in the planning, conduct, and after action reporting for the tri-annual
Lubbock Preston Smith International Airport Exercise. The primary goal of the Health
Department in this exercise is to active the Medial Operations Center in order to assist
with medical surge.
21Page
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Capabilities
FY22: Please mark the capabilities that were addressed during BP3- FY22 in the column
labeled FY22.
FY23: Please mark three (3) capabilities that will be addressed during BP4 - FY23 in the
column labeled FY23.
COVID-19 Carryover: Please mark if capabilities that will be carried over to FY23 due
to COVD-19 response activities in the column labeled COVID-19 Carryover.
CAPABILITY
FY22
FY23
COVID-19
Carryover
Community Preparedness
❑
X
❑
Community Recovery
❑
❑
❑
Emergency Operations Coordination
X
❑
❑
Emergency Public Information and Warning
❑
❑
❑
Fatality Management
❑
❑
❑
Information Sharing
❑
❑
❑
Mass Care
❑
❑
❑
Medical Countermeasures Dispensing and Administration
X
❑
❑
Medical Materiel Management and Distribution
❑
❑
❑
Medical Surge
❑
X
❑
Nonpharmaceutical Intervention
X
❑
❑
Public Health Laboratory Testing
❑
❑
❑
Public Health Surveillance and Epidemiological
Investigation
X
X
X
Responder Safety and Health
❑
❑
❑
Volunteer Management
❑
❑
❑
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DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Capability
X Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
❑ Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
❑ Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of Hazard Mitigation plans currently in place, initial meetings planned
current relevant for update
resources:
Identified County Hazard Mitigation hasn't been updated since 2015
needs/gaps:
Objective(s): Work with other local stakeholders to help reduce risk by
identifying mitigation policies and actions
Outcome(s): Identified and reduced risks
Outputs): j Current County Hazard Mitigation Plan
_Supporting Activities
Activity Description
Draft plan based on meetings
in FY22
Finalize plan
Lead Assigned
Personnel
Rachel Dolan,
representing
the Lubbock
Health
Department
Rachel Dolan,
representing
the Lubbock
Health
Department
Contributing
Partners
(if any)
All county
stakeholders
as identified
by
Emergency
Management
All county
stakeholders
as identified
by
Emergency
Management
Consultant
(if any)
H2O
partners
H2O
partners
Estimated
Date of
07130122
911512022
41Page
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
❑ Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
X Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
❑ Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of
Plan in place, existing systems to track available beds in the region
current relevant
resources:
Identified
Need to form relationships with new stakeholders, practice mass
needs/gaps:
transport, exercise activation of the Medical Operations Center
Objective(s):
To reduce morbidity by increasing surge capacity and streamlining
transport to hospitals with available capacity
Outcome(s):
Increased ability to handle mass casualty incidents
Output(s):
Exercise AAR
Supporting Activities
Activity Description
Lead Assigned
Contributing
Consultant
Estimated
Personnel
Partners
(if any)
Date of
if an
Completion
Planning meets with
Rachel Dolan
EMS,
Planning
stakeholders for Airport
Joe Moudy
hospitals, Fire
meetings
exercise
(EMC)
Dept, Police
from
Dept,
0512022
Lubbock
through
Airport, etc.
date of
exercise
Exercise
Rachel Dolan,
EMS,
Fall2022
Joe Moudy
hospitals, Fire
(exact date
Dept, Police
TBD)
Dept,
Lubbock
Airport, etc
51Page
DocuSign Envelope ID: 90F2E5AE-5CC4-4676-804C-708EC19D1158
Capability
❑ Capability 1: Community Preparedness
❑ Capability 2: Community Recovery
❑ Capability 3: Emergency Operations Coordination
❑ Capability 4: Emergency Public Information and Warning
❑ Capability 5: Fatality Management
❑ Capability 6: Information Sharing
❑ Capability 7: Mass Care
❑ Capability 8: Medical Countermeasure Dispensing and Administration
❑ Capability 9: Medical Materiel Management and Distribution
❑ Capability 10: Medical Surge
❑ Capability 11: Nonpharmaceutical Interventions
❑ Capability 12: Public Health Laboratory Testing
X Capability 13: Public Health Surveillance and Epidemiological Investigation
❑ Capability 14: Responder Safety and Health
❑ Capability 15: Volunteer Management
Assessment of
Currently use NEDDS for COVID case tracking and an outdated
current relevant
logbook for tracking of other reportable conditions. A contract has
resources:
been initiated with a company for a new system.
Identified
NEDDS and the current logbook does not have the functionality
needs/gaps:
needed to carry out required case investigations and tracking
Objective(s):
To implement a new Disease Surveillance tracking system,
including assigning case investigation, tracking progress on
investigations, and reporting cumulative data for all reportable
conditions.
Outcome(s):
Increased ability to conduct public health case investigations in
order to implement interventions.
Output(s): To have a more efficient system that will carry the load of all
reportable conditions.
Support nActivities
Activity Description
Lead Assigned
Contributing
Consultant
Estimated
Personnel
Partners
(if any)
Date of
if an
Completion
Install new system for COVID
Katherine
711512022
cases
Wells
Train Disease Surveillance staff
Company
0713112022
on news stem
Add additional system capacity
Company
1113012022
to handle other reportable
conditions
61Page
Certificate Of Completion
Envelope to: BOF2E5AE5Gc:sera/aeuac/uutcleunoe
Subject 537-18-0127-00001, City of Lubbock, Amendment 66. CPS Hx,oxms
Source Envelope:
Document Pages: 52 Slgnetures:3
Cenlgrate Pages: 6 Initials: 0
AumNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US 8 Canada)
Record Tracking
Scalds: Original
2222022 7:55:22 AM
Signer Ewnts
Linde Cuellar
IcuellarilimNubbock.us
Director of Accounting
Security Level: Email Account Aulhenkagon
(None)
Electronic Record and Signalers, Disclosure:
Accepted: 2122=228:58:58 AM
ID: ddbe982-becodde4-944b-906875724e90
Daniel M. Pope
dpope®mylubbock.us
Mayor
City of Lubbock
Security Level: Email, A000unt Aulhenlicalion
(None)
Electronic Record arud Signetare Disclosure:
Accepted: 224202210:25:44 AM
to: d25db8ae 441462f.8btl3-26cfa7faOM2
Helen Whittington
helen.mitlingtonadshs.texas.gov
Security Leval: Emag. Account Authentication
(None)
Elec nano Record surd Signature Disclosure:
Accepted: 4222022 7:35:05 AM
ID: 5281,2cog-604.458"1 dd-2039d 1909,10
Petty Melchior
Paey.Makhlor®deee.texas.gov
Director, DSHS CMS
Security Level: Emall, Account Authendcallen
(None)
Holder: CMS Internal Routing Mailbox
CMS.IntemNRoutrg®dsia.lexas.gov
Signature
[ems,. w
(ells &after
Signature Adoption: Pre -selected Style
Signed by link sent to Icue1ler0mylubbock.us
Using IP Address: 208.84.91.44
Datail,l. �. Pryt
Signature Adopdw Preneleded Style
Signed by link sent to dpope®mylubbockus
Using IP Address: 208.8,111.44
Completed
Signed by Iklk sent M
helen.whitgngton®dshs.texes,gov
Using IP Address: 167.137.1.17
Completed
Signed by link sent to
Pely.Melchlor®ds9e.texee.gov
Using IP Address: 187.137,1.17
Status: Campleled
Envelope Originator:
CMS Internal Routing Mailbox
11493 Sunset Hills Road
9100
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CMS.InlemalRoulingOdsha.texasgov
IP Address: 167.137.1.10
Locstien: Dowsgn
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Resent 4/2020221:07:07 PM
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Signed; 4/22/2022 7:35:30 AM
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Signed: 4/222022 7.42:52 AM
Signer Events
Signature
Timestamp
Electronic Record and Signature Disclosure:
Accepted: 4222022 7.42:39 AM
ID: Oe437de3-7473-40eb-9e06-bbec500b330b
Kirk Cole
^'
Sent: 4/22/2022 7:42:68 AM
IOrk.Coleitdahs.lexassov
Kirl( Cole
Viewed: 412W022 3:36:04 PM
Deputy Commissioner
01°m"'v�n'
Signed: 412820223:37.02 PM
Security Level: Emil, Account Authentication
(None)
Signalure Adoption: Pre -selected Style
Slgned by link sent In prk.Cole®dsis issue gov
Usin91P Address: 160.42.85.12
Electronic Record and SlgnHure Disclosuer
Accepted: 4262022 3:36:04 PM
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In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
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Timestamp
Certified Delivery Events
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Timestamp
Carbon Copy Events
Status
Timestamp
Rachel Oda^
Sent: 21=022 8:12:15 AM
rdcltimi$mylubbock.us
COPIED
Vowed: 222202210:38:32 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Dlsebsu e:
Not Offered via DowSign
Jennifer Boggs
Sent: 42d20223:37:06 PM
jennifer.boggslitdsis.texes.gcv
COPIED
Conoad Manager
Se rty Level: Emell, Account Aulhendratlen
(None)
Electronic Record and Signature Disclosure:
Not Offered! via DocuSign
CMS Internal Routing Mailbox
Sent 42WM223:37:06 PM
CMS.lntemalRouting®dahs.bxaa.gov
COPIED
Resent: 42M20223:37:09 PM
DSHS Contract Management Section
Seoudty Level: Email, Acoount Anhenticaoon
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Beverly Taylor
Sent 42620223:37:06 PM
Bmedy.Taylor@dshs.texas.gov
COPIED
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Contract Manager
Security Level: Emall, Account Authentication
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ElectroNc Record and Signature Disclosure:
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Witness Events
Signature
Timestamp
Electronic Record and Signature Disclosure created on: 9/14/2020 7:10:18 PM
Parties agreed to: Linda Cuellar, Mayor Dan Pope, Helen Whittington, Patty Melchior, Kirk Cole
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CITY OF LUBBOCK
ATTEST:
"v
DANIEL M. POPE, Mayor
ATTEST:
By: -Qd�o'� �-�
RE ECCA GARZA, City e etary
APPROVED AS O CONTENT:
By: �--�
KATH RINE WELLS, Director of Public Health
APPROVED AS TO FORM:
By:
RYA N OO ssistant City Attorney