HomeMy WebLinkAboutC2014-449 - 12/16/2014 - Approved •
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TEXAS HEALTH AND HUMAN SERVICES COMMISSION
KYLE L.JANEK,M.D.
EXECUTIVE COMMISSIONER
February 12, 2015
Dear Contractor:
Enclosed is an approved copy of your Department of State Health Services (DSHS) contract.
Please file it with the office of record for your agency.
The provisions of this contract require submittal of quarterly financial reports no later than 30
days after the end of the first three quarters and a final report no later than 60 days after the end
of the contract term. Attached are preprinted Financial Status Reports (FSR 269a) for the entire
term of your contract. Please forward the FSR forms to the person in your agency
responsible for completion of fmancial reports. If this is a contract amendment, FSRs are
provided only for the remaining term of your contract. These reports are required regardless of
whether or not expenses are incurred.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of
the contract Attachment term. Additional information regarding this policy is available on the
DSHS website at http://www.dshs.state.tx.us.
Please reference the DSHS contract and attachment number in all future correspondence. If you
have questions, please contact Vonda White at 512-206-4798 or via email at
Vonda.white@hhsc.state.tx.us.
Sincerely,
oda White, Assistant Manager
Procurement and Contracting Services
Enclosures
2014-449
12/16/14
Ord. 030374
Texas Health and Human Services Texas 78711 • 4900 North Lamar,Austin,Texas 78751 • (512)424-6500
INDEXED
•
Texas Department of State Health Services
Financial Status Report
FSR269A
An Excel version of this form can be downloaded at:htto://www.dshs.state.tx.us/grants/forms.shtm
P.O.Box 149347 Fiscal Division/Accounts Payable
Austin,Texas 78714-9347 Phone(512)458-7435
Contractor Name: CORPUS CHRISTI-NUECES DSHS Program: HPCDP/TXHC
COUNTY PUBLIC HEALTH DISTRICT
DSHS Contract #: 2015-047255
Payee Account#: Attachment#: 001
Payee Vendor ID: 17460005741027 Basis: [ ] Cash [ ]Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term:
From: 10/01/2014 To: 09/30/2015
Address: PO BOX 9277 Period Covered in Report:
City,ST,Zip: CORPUS CHRISTI,TX 78469-9277 From: 10/01/2014 To: 12/31/2014
PO Number: 0000410158 Check if Final Report [ ]Yes [ ]No
Project Cost per General Ledger
(1) (2) (3) (4) (5)
Budget Categories Approved Budget This Period Cumulative Remaining Budget
Balance(2 minus 4)
a.Personnel 31,200.00
b.Fringe Benefits 14,976.00
c.Travel 1,091.00
d.Equipment 0.00
e. Supplies 2,733.00
f.Contractual 0.00
g.Other 0.00
h.Total Direct Charges 50,000.00
i.Indirect Charges 0.00
j.Total Charges 50,000.00
Less:k.Program Income Collected
1.Non-DSHS Funding
m.In-Kind(See Instructions)
Advance Received Repaid this Period Cumulative Repayments Advance Balance
n.ADVANCE
o.Total Reimbursement Requested(net of advances)
p.Total Reimbursement Received
Prepared By: Title: Phone#:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official Date Submitted
/ /
Typed or Printed Name and Title of Certifying Official Telephone:
DSHS Form GC-4a(269a)Revised 7/09
•
Texas Department of State Health Services
Financial Status Report
FSR269A
An Excel version of this form can be downloaded at:http://www.dshs.state.tx.us/grants/forms.shtm
P.O.Box 149347 Fiscal Division/Accounts Payable
Austin,Texas 78714-9347 Phone(512)458-7435
Contractor Name: CORPUS CHRISTI-NUECES DSHS Program: HPCDP/TXHC
COUNTY PUBLIC HEALTH DISTRICT
DSHS Contract #: 2015-047255
Payee Account#: Attachment#: 001
Payee Vendor ID: 17460005741027 Basis: [ ]Cash [ ]Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term:
From: 10/01/2014 To: 09/30/2015
Address: PO BOX 9277 Period Covered in Report:
City,ST,Zip: CORPUS CHRISTI,TX 78469-9277 From: 01/01/2015 To: 03/31/2015
PO Number: 0000410158 Check if Final Report [ ]Yes [ ]No
Project Cost per General Ledger
(1) (2) (3) (4) (5)
Budget Categories Approved Budget This Period Cumulative Remaining Budget
Balance(2 minus 4)
a.Personnel 31,200.00
b.Fringe Benefits 14,976.00
c.Travel 1,091.00
d.Equipment 0.00
e. Supplies 2,733.00
f.Contractual 0.00
g.Other 0.00
h.Total Direct Charges 50,000.00
i.Indirect Charges 0.00
j.Total Charges 50,000.00
Less:k.Program Income Collected
1.Non-DSHS Funding
m.In-Kind(See Instructions)
Advance Received Repaid this Period Cumulative Repayments Advance Balance
n.ADVANCE
o.Total Reimbursement Requested(net of advances)
p.Total Reimbursement Received
Prepared By: Title: Phone#:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official Date Submitted
/ /
Typed or Printed Name and Title of Certifying Official Telephone:
DSHS Form GC-4a(269a)Revised 7/09
Texas Department of State Health Services
Financial Status Report
FSR269A
An Excel version of this form can be downloaded at:http://www.dshs.state.tx.us/grants/forms.shtm
P.O.Box 149347 Fiscal Division/Accounts Payable
Austin,Texas 78714-9347 Phone(512)458-7435
Contractor Name: CORPUS CHRISTI-NUECES DSHS Program: HPCDP/TXHC
COUNTY PUBLIC HEALTH DISTRICT
DSHS Contract #: 2015-047255
Payee Account#: Attachment#: 001
Payee Vendor ID: 17460005741027 Basis: [ ] Cash [ ]Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term:
From: 10/01/2014 To: 09/30/2015
Address: PO BOX 9277 Period Covered in Report:
City,ST,Zip: CORPUS CHRISTI,TX 78469-9277 From: 04/01/2015 To: 06/30/2015
PO Number: 0000410158 Check if Final Report [ ]Yes [ ]No
Project Cost per General Ledger
(1) (2) (3) (4) (5)
Budget Categories Approved Budget This Period Cumulative Remaining Budget
Balance(2 minus 4)
a.Personnel 31,200.00
b.Fringe Benefits 14,976.0Q
c.Travel 1,091.00
d.Equipment 0.00
e. Supplies 2,733.00
f.Contractual 0.00
g.Other 0.00
h.Total Direct Charges 50,000.00
i.Indirect Charges 0.00
j.Total Charges 50,000.00
Less:k.Program Income Collected
1.Non-DSHS Funding
m.In-Kind(See Instructions)
Advance Received Repaid this Period Cumulative Repayments Advance Balance
n.ADVANCE
•
o.Total Reimbursement Requested(net of advances)
p.Total Reimbursement Received
Prepared By: Title: Phone#:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official Date Submitted
/ /
Typed or Printed Name and Title of Certifying Official Telephone:
DSHS Form GC-4a(269a)Revised 7/09
Texas Department of State Health Services
Financial Status Report
FSR269A
An Excel version of this form can be downloaded at:http://www.dshs.state.tx.us/grants/forms.shtm
P.O.Box 149347 Fiscal Division/Accounts Payable
Austin,Texas 78714-9347 Phone(512)458-7435
Contractor Name: CORPUS CHRISTI-NUECES DSHS Program: HPCDP/TXHC
COUNTY PUBLIC HEALTH DISTRICT
DSHS Contract #: 2015-047255
Payee Account#: Attachment#: 001
Payee Vendor ID: 17460005741027 Basis: [ ] Cash [ ]Accrual
Payee Name: CITY OF CORPUS CHRISTI Contract Term:
From: 10/01/2014 To: 09/30/2015
Address: PO BOX 9277 Period Covered in Report:
City, ST,Zip: CORPUS CHRISTI,TX 78469-9277 From: 07/01/2015 To: 09/30/2015
PO Number: 0000410158 Check if Final Report [ ]Yes [ ]No
Project Cost per General Ledger
(1) (2) (3) (4) (5)
Budget Categories Approved Budget This Period Cumulative Remaining Budget
Balance(2 minus 4)
a.Personnel 31,200.00
b.Fringe Benefits 14,976.00
c.Travel 1,091.00
d.Equipment 0.00
e. Supplies 2,733.00
f.Contractual 0.00
g.Other 0.00
h.Total Direct Charges 50,000.00
i.Indirect Charges 0.00
j.Total Charges 50,000.00
Less:k.Program Income Collected
1.Non-DSHS Funding
m.In-Kind(See Instructions)
Advance Received Repaid this Period Cumulative Repayments Advance Balance
n.ADVANCE
o.Total Reimbursement Requested(net of advances)
p.Total Reimbursement Received
Prepared By: Title: Phone#:
CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official Date Submitted
/ /
Typed or Printed Name and Title of Certifying Official Telephone:
DSHS Form GC-4a(269a)Revised 7/09
1
•
DEPARTMENT OF STATE HEALTH SERVICES
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This contract, number 2015-047255 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (Contractor), a
Government Entity,(collectively,the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is$50.000.00. and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2014 and ends on 09/30/2015.. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract(this document)
b. Program Attachments:
2015-047255-001 Health Promotions&Chronic Disease Prevention - Texas Healthy
Communities
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s)to the Solicitation Document(s).
f. Exhibits
92648-1
s.
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract,the order of control is first the Core Contract, then the Program Attachment(s),then the
General Provisions,then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI,TX 78469-9277
Vendor Identification Number: 17460005741027
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract,other than as set forth in this Contract.
92648-1
•
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC
HEALTH ISTRICT
By: By:
ji/L6112<—
Signat a of Authoriz Official Signature
-11 - I/ 11 liG
Date Date p,
Janna Zumbrun, M.S.S.W. L 11ttl /A )C M Y
Printed Name arid Title I J
Assistant Commissioner for Disease Control 1.201 L DOCt fd
and Prevention Services Address
1100 WEST 49Th STREET C°r'L5 S4 , 7�7to
AUSTIN, TEXAS 78756 City, State, Zip
512.776.7111
Telephone Number
Janna.Zumbrun@dshs.state.tx.us t A(\L#*f e Gc fc. ,
E-mail Address for Official Correspondence
ATTEST. rCSC.
41.A..e.A4z—t
REBECCA HUERTA
CITY SECRETARY
Irot n 3 03 Ll AUTHURIctI
IT C,YRCIL 12,/(to/I q
SECR TAR7i-
92648-1
CONTRACT NO. 2015-047255
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000410158
CONTRACTOR: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT
DSHS PROGRAM: Health Promotions & Chronic Disease Prevention-Texas Healthy
Communities
TERM: 10/1/2014 THRU: 09/30/2015
SECTION I. STATEMENT OF WORK:
The Texas Department of State Health Services (DSHS) will contract to implement targeted,
evidence-based community systems and environmental change strategies that address one or
more of the following Texas Healthy Communities (TXHC)priority indicators:
Indicator 1: Physical activity
Indicator 2: Nutrition
Indicator 3: Breastfeeding
Indicator 4: Schools
Indicator 5: Worksites
Indicator 6: Comprehensive Tobacco Control
Indicator 7: Cardiac and Stroke Response
Indicator 8: Health Care Quality
Contractor will work with a local public/private planning group to plan and implement the identified
strategies.
Contractor will provide DSHS staff with monthly project status reports, via telephone call on the
dates listed in Section II, Performance Measures of this Program Attachment(unless otherwise
agreed to in writing by DSHS),to discuss the following:
1) Implementation status, 2)barriers and methods to address those barriers, 3) opportunities
to enhance the activities, 4) lessons learned, and 5) next steps.
Other calls may be added as appropriate with Contractor and DSHS Program staff.
DSHS reserves the right,where allowed by legal authority,to redirect funds in the event of financial
shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are
below what is projected in Contractor's total Program Attachment amount,Contractor's budget may
PROGRAM ATTACHMENT—Page 1
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.
SECTION II. PERFORMANCE MEASURES:
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the services described in this Program Attachment without waiving the enforceability of
any of the other terms of the Program Attachment.
Contractor shall:
1. Conduct and complete the Texas Healthy Communities Assessment(DSHS will review
and approve the assessment prior to final submission in Performance Management and
Tracking System(PMATS))on or before November 15, 2014.
2. Develop and complete the Project Work Plan in conjunction with DSHS. The Project
Work plan must be reviewed and approved by DSHS prior to the submission date. The
Work plan must include objective with supporting activities that address indicators in the
TXHC assessment identified as needing improvement on or before December 15, 2014.
3. Develop an Evaluation Plan and submit to DSHS on or before January 30, 2015 for
DSHS Program review.
4. Provide an Interim Progress Report on or before March 31,2015 to include: summary of
all items/activities conducted to date; detailed description of progress toward achieving
objectives and activities; and barriers.
5. Provide a Final Progress Report to include: summary of all items/activities conducted to
date; detailed description of progress toward achieving objectives and activities; plans for
sustaining activities once funding has ended; and barriers/lessons learned. Submission of
Final Report must fully address any feedback from DSHS based on draft final report and
must be submitted on or before September 15, 2015.
6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with
DSHS Program to be conducted on or before the following dates: October 31st,November
28th,December 30,January 30th,February 27th,March 31St,April 30th,May 29th,June 30th,
July 31st,August 31St,September 30th,and submit the collaborative monthly report to DSHS
within one week of the call.
Contractor shall submit all reports, documentation, and other information as required to the
following electronic email address: TXHCC2i dshs.state.tx.us.
SECTION III. SOLICITATION DOCUMENT:
Exempt-Governmental Agency
PROGRAM ATTACHMENT—Page 2
SECTION IV. RENEWALS:
No Renewals
SECTION V. PAYMENT METHOD:
Cost Reimbursement
Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List.
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
acceptable supporting documentation for reimbursement of the required services/deliverables.The
B-13 can be found at the following link: http://www.dshs.state.tx.us/grants/forms/bl3form.doc .
Vouchers and supporting documents should be mailed or submitted by fax or electronic mail to the
addresses/number below.
Department of State Health Services
Claims Processing Unit, MC1940
PO Box 149347
Austin, TX 78714-9347
The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims
Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us .
SECTION VII. BUDGET:
Cost Reimbursement
Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List
SOURCE OF FUNDS:
CFDA#: 93.991.000
DUNS Number: 069457786
PROGRAM ATTACHMENT—Page 3
SECTION VIII. SPECIAL PROVISIONS:
General Provisions,Article XV,General Terms,Section 15.15,Amendment,is amended to include
the following:
Contractor must submit all amendment and revision requests in writing to the Division
Contract Management Unit at least ninety(90)days prior to the end of the term of this program
attachment.
PROGRAM ATTACHMENT—Page 4
2015-047255-001
Categorical Budget:
PERSONNEL $31,200.00
FRINGE BENEFITS $14,976.00
TRAVEL $1,091.00
EQUIPMENT $0.00
SUPPLIES $2,733.00
CONTRACTUAL $0.00
OTHER $0.00
TOTAL DIRECT CHARGES $50,000.00
INDIRECT CHARGES $0.00
TOTAL $50,000.00
DSHS SHARE $50,000.00
CONTRACTOR SHARE $0.00
OTHER MATCH $0.00
Total reimbursements will not exceed $50,000.00
Financial status reports are due: 01/30/2015, 04/30/2015, 07/31/2015, 11/16/2015
Fiscal Year 2015 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
Table of Contents
ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE 5
Section 1.01 Contract Components 5
Section 1.02 Order of Precedence 5
ARTICLE H COMPLIANCE AND REPORTING 5
Section 2.01 Compliance with General Provisions, Statutes and Rules 5
Section 2.02 Compliance with Requirements of Solicitation Document 5
Section 2.03 Reporting 6
Section 2.04 Client Financial Eligibility 6
Section 2.05 Applicable Contracts Law and Venue for Disputes 6
Section 2.06 Applicable Laws and Regulations Regarding Funding Sources 6
Section 2.07 Statutes and Standards of General Applicability 6
Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts8
Section 2.09 Civil Rights Policies and Complaints 9
Section 2.10 Licenses,Certifications,Permits,Registrations and Approvals. 10
Section 2.11 Funding Obligation 10
Section 2.12 Whistleblower Protection 10
Section 2.13 Federal Assistance Identification Number 10
ARTICLE III SERVICES 11
Section 3.01 Education to Persons in Residential Facilities 11
Section 3.02 Disaster Services 11
Section 3.03 Consent to Medical Care of a Minor 11
Section 3.04 Telemedicine Medical Services 11
Section 3.05 Fees for Personal Health Services 12
Section 3.06 Cost Effective Purchasing of Medications. 12
Section 3.07 Services and Information for Persons with Limited English Proficiency. 12
ARTICLE IV FUNDING 13
Section 4.01 Debt to State and Corporate Status 13
Section 4.02 Application of Payment Due 13
Section 4.03 Use of Funds 13
Section 4.04 Use for Match Prohibited 13
Section 4.05 Program Income 13
Section 4.06 Nonsupplanting 14
ARTICLE V PAYMENT METHODS AND RESTRICTIONS 14
Section 5.01 Payment Methods 14
Section 5.02 Billing Submission. 14
Section 5.03 Final Billing Submission. 14
Section 5.04 Working Capital Advance. 15
Section 5.05 Financial Status Reports(FSRs). 15
Section 5.06 Third Party Payors 15
ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 16
General Provisions(Core Subrecipient)2015 (July 1, 2014) 1
Section 14.01 Responsibilities and Restrictions Concerning Governing Body,Officers and
Employees. 26
Section 14.02 Management and Control Systems 27
Section 14.03 Insurance 27
Section 14.04 Fidelity Bond 27
Section 14.05 Liability Coverage. 28
Section 14.06 Overtime Compensation 28
Section 14.07 Program Site 28
Section 14.08 Cost Allocation Plan 28
Section 14.09 No Endorsement 29
Section 14.10 Historically Underutilized Businesses(HUBs) 29
Section 14.11 Buy Texas 29
Section 14.12 Contracts with Subrecipient and Vendor Subcontractors 29
Section 14.13 Status of Subcontractors 30
Section 14.14 Incorporation of Terms in Subrecipient Subcontracts 30
Section 14.15 Independent Contractor 30
Section 14.16 Authority to Bind 31
Section 14.17 Tax Liability 31
Section 14.18 Notice of Organizational Change 31
Section 14.19 Quality Management 31
Section 14.20 Equipment 31
Section 14.21 Supplies 31
Section 14.22 Changes to Equipment List 32
Section 14.23 Property Inventory and Protection of Assets 32
Section 14.24 Bankruptcy 32
Section 14.25 Title to Property 32
Section 14.26 Property Acquisitions 33
Section 14.27 Disposition of Property 33
Section 14.28 Closeout of Equipment 33
Section 14.29 Assets as Collateral Prohibited 33
ARTICLE XV GENERAL TERMS 33
Section 15.01 Assignment 33
Section 15.02 Lobbying. 33
Section 15.03 Conflict of Interest 34
Section 15.04 Transactions Between Related Parties 34
Section 15.05 Intellectual Property. 35
Section 15.06 Other Intangible Property 36
Section 15.07 Severability and Ambiguity 36
Section 15.08 Legal Notice 36
Section 15.09 Successors 36
Section 15.10 Headings 36
Section 15.11 Parties 36
Section 15.12 Survivability of Terms. 37
Section 15.13 Direct Operation 37
Section 15.14 Customer Service Information 37
Section 15.15 Amendment 37
Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. 37
Section 15.17 Contractor's Request for Revision of Certain Contract Provisions 38
Section 15.18 Immunity Not Waived. 38
Section 15.19 Hold Harmless and Indemnification. 39
General Provisions(Core Subrecipient)2015 (July 1,2014)
3
ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE
Section 1.01 Contract Components.
As used in herein, the "Contract" consists of the following documents:
a)the Core Contract and the Program Attachment(s) or statements of work, including all
attachments,
b) addenda or amendments thereto and these General Provisions;
c)the solicitation document, including all attachments, addenda or amendments thereto;
and
d)the response,proposal or application submitted by Contractor in response to the
solicitation
document.
Section 1.02 Order of Precedence.
To the extent that there is any conflict between the terms of any contract component document,
the conflict will be resolved in the above order of priority.
ARTICLE II COMPLIANCE AND REPORTING
Section 2.01 Compliance with General Provisions, Statutes and Rules.
Contractor shall comply, and shall require its subcontractor(s)to comply, with these General
Provisions,the requirements of the Department's rules of general applicability and other
applicable state and federal statutes, regulations, rules, and executive orders, as such statutes,
regulations, rules, and executive orders currently exist and as they may be lawfully amended.
The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the
extent this Contract imposes a higher standard, or additional requirements beyond those required
by applicable statutes, regulations, rules or executive orders,the terms of this Contract will
control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply
with the terms of any contract provisions DSHS is required to include in its contracts under
legislation effective at the time of the effective date of this Contract or during the term of this
Contract.
Section 2.02 Compliance with Requirements of Solicitation Document.
Except as specified in these General Provisions or the Program Attachment(s), Contractor shall
comply with the requirements, eligibility conditions, assurances, certifications and program
requirements of the Solicitation Document, if any, (including any revised or additional terms
agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration
of this Contract or any subsequent renewals. The Parties agree that the Department has relied
upon Contractor's response to the Solicitation Document. The Parties agree that any
misrepresentation contained in Contractor's response to the Solicitation Document constitutes a
breach of this Contract.
General Provisions(Core Subrecipient)2015 (July 1, 2014)
5
benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual
orientation (where applicable), disabilities, age, substance abuse, political belief or
religion: 1) Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq.; 2) Title IX
of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3)
Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with
Disabilities Act of 1990,42 USC §§12101 et seq.; 5) Age Discrimination Act of 1975, 42
USC §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7)45 CFR Parts 80,
84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O.
11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.;
11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment
and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of
1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of
1912, §§523 and 527, 42 USC § 290dd-2, and 42 CFR Part 2, relating to confidentiality
of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968,
42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy
AA-5018,Non-discrimination Policy for DSHS Programs;
b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of
1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration
Reform and Immigrant Responsibility Act of 1996;
c) Pro-Children Act of 1994, 20 USC §§ 6081-6084, and the Pro-Children Act of 2001, 20
USC § 7183, regarding the non-use of all tobacco products;
d) National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (PL
93-348 and PL 103-43), regarding human subjects involved in research;
e) Hatch Political Activity Act, 5 USC §§1501-1508 and 7324-28, which limits the political
activity of employees whose employment is funded with federal funds;
0 Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel
Act of 1970,42 USC §§ 4701 et seq., as applicable, concerning minimum wage and
maximum hours;
g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons
with disabilities;
h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex.
Admin. Code Part 2, regarding compensation for employees' injuries;
i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding
the regulation and certification of clinical laboratories;
j) The Occupational Safety and Health Administration Regulations on Blood Borne
Pathogens, 29 CFR § 1910.1030,or Title 25 Tex. Admin. Code Chapter 96 regarding
safety standards for handling blood borne pathogens;
k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the
treatment of laboratory animals;
1) environmental standards pursuant to the following: 1) Institution of environmental quality
control measures under the National Environmental Policy Act of 1969, 42 USC §§
4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and
Enhancement of Environmental Quality;"2)Notification of violating facilities pursuant
to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean
Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts,
General Provisions(Core Subrecipient)2015 (July 1,2014)
7
are State agencies or units of local government; and certain additional provisions will apply to such
Contractors.
a) The following sections or portions of sections of these General Provisions will not apply to
interagency or interlocal contracts:
1) Hold Harmless and Indemnification, Section 13.19;
2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the
word "employees" in the fourth sentence; the remainder of the section applies);
3) Insurance, Section 12.03;
4) Liability Coverage, Section 12.05;
5) Fidelity Bond, Section 12.04;
6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply
with HUB requirements of other statutes and rules specifically applicable to that entity);
7) Debt to State and Corporate Status, Section 3.01;
8) Application of Payment Due, Section 3.02; and
9) Article XV Claims against the Department(This Article is inapplicable to interagency
contracts only).
b) The following additional provisions will apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with the
provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771;
2) The Parties hereby certify that(1) the services specified are necessary and essential for the
activities that are properly within the statutory functions and programs of the affected
agencies of State government; (2)the proposed arrangements serve the interest of efficient
and economical administration of the State government; and (3)the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the Constitution of
the State of Texas to be supplied under contract given to the lowest responsible bidder;
and
3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health&
Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority
to enter into and perform this Contract.
c) The following additional provisions will apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791;
2) Payments made by DSHS to Contractor will be from current revenues available to DSHS;
and
3) Each Party represents that it has been authorized to enter into this Contract.
d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for
Revision to Certain Contract Provisions section), when signed by a duly authorized
representative of Contractor, will be effective as of the effective date specified by the
Department,whether that date is prior to or after the date of any ratification by Contractor's
governing body.
Section 2.09 Civil Rights Policies and Complaints.
Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil
Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall
notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance
General Provisions (Core Subrecipient)2015 (July 1, 2014) 9
ARTICLE III SERVICES
Section 3.01 Education to Persons in Residential Facilities.
If applicable, Contractor shall ensure that all persons, who are housed in Department-licensed and/or
-funded residential facilities and who are twenty-two (22) years of age or younger, have access to
educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local
education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not
later than the third calendar day after the date a person who is twenty-two (22)years of age or
younger is placed in Contractor's residential facility.
Section 3.02 Disaster Services.
In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist,
and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the
appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as
appropriate, in the following areas: community evacuation; health and medical assistance; assessment
of health and medical needs; health surveillance; medical care personnel; health and medical
equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug,
and medical device safety; worker health and safety; mental health and substance abuse; public health
information; vector control and veterinary services; and victim identification and mortuary services.
Contractor shall carry out disaster services in the manner most responsive to the needs of the
emergency,be cost-effective, and be least intrusive on Contractor's primary services.
Section 3.03 Consent to Medical Care of a Minor.
If Contractor provides medical, dental, psychological or surgical treatment to a minor under this
Contract, either directly or through contracts with subcontractors, Contractor shall not provide
treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code
Chapter 32, relating to consent to treatment of a child by a non-parent or child or pursuant to other
state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code
Chapter 32, federal law supersedes state law.
Section 3.04 Telemedicine Medical Services.
Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that
the services are implemented in accordance with written procedures and using a protocol approved by
Contractor's medical director and using equipment that complies with the equipment standards as
required by the Department. Procedures for providing telemedicine service must include the
following requirements:
General Provisions(Core Subrecipient)2015 (July 1,2014) 11
ARTICLE IV FUNDING
Section 4.01 Debt to State and Corporate Status.
Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller
will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a
tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current
and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt
from payment of franchise taxes under Texas law(Tex. Tax Code §§ 171.001 et seq.). Contractor, if
a corporation, further certifies that it is and will remain in good standing with the Secretary of State's
office. A false statement regarding franchise tax or corporate status is a material breach of this
Contract. If franchise tax payments become delinquent during the Contract term, all or part of the
payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in
full.
Section 4.02 Application of Payment Due.
Contractor agrees that any payments due under this Contract will be applied towards any debt of
Contractor, including but not limited to delinquent taxes and child support that is owed to the State of
Texas.
Section 4.03 Use of Funds.
Contractor shall expend Department funds only for the provision of approved services and for
reasonable and allowable expenses directly related to those services.
Section 4.04 Use for Match Prohibited.
Contractor shall not use funds provided through this Contract for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 4.05 Program Income.
Gross income directly generated from Department funds through a project or activity performed
under a Program Attachment and/or earned only as a result of a Program Attachment during the term
of the Program Attachment are considered program income. Unless otherwise required under the
terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in
UGMS §_.25(g)(2), for the use of program income to further the program objectives of the state or
federal statute under which the Program Attachment was made, and Contractor shall spend the
program income on the same Program Attachment project in which it was generated. Contractor
shall identify and report this income in accordance with the Compliance and Reporting Article of
these General Provisions,the Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts/cfpm.shtm and the provisions of the Program Attachment(s).
Contractor shall expend program income during the Program Attachment term and may not carry
forward to any succeeding term. Contractor shall refund program income not expended in the term in
which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's
General Provisions(Core Subrecipient)2015 (July 1, 2014) 13
circumstance and the last request for reimbursement must be submitted for review and approval to the
DSHS Accounting Section.
Section 5.04 Working Capital Advance.
If allowed under this Contract, a single one-time working capital advance per term of the Program
Attachment may be granted at the Department's discretion. Contractor must submit documentation
to the contract manager assigned to the Program Attachment to justify the need for a working capital
advance. Contractor shall liquidate the working capital advance as directed by the Department. The
requirements for the documentation justifying the need for an advance and the directions for
liquidating the advance are found in the Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts/cfpm.shtm
Section 5.05 Financial Status Reports (FSRs).
Except as otherwise provided in these General Provisions or in the terms of any Program
Attachment(s)that is incorporated into the Contract, for contracts with categorical budgets,
Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month
following the end of each quarter of the Program Attachment term for Department review and
financial assessment. Contractor shall submit the final FSR no later than forty-five (45) calendar
days following the end of the applicable term.
Section 5.06 Third Party Payors.
A third party payor is any person or entity who has the legal responsibility for paying for all or part of
the services provided. Third party payors include, but are not limited to, commercial health or
liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources.
Except as provided in this Contract, Contractor shall screen all clients and shall not bill the
Department for services eligible for reimbursement from third party payors. Contractor shall (a)
enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved
services authorized under this Contract that may be covered by those programs, and bill those
programs for the covered services; (b) provide assistance to individuals to enroll in such programs
when the screening process indicates possible eligibility for such programs; (c) allow clients who are
otherwise eligible for Department services, but cannot pay a deductible required by a third party
payor,to receive services up to the amount of the deductible and to bill the Department for the
deductible; (d) not bill the Department for any services eligible for third party reimbursement until all
appeals to third party payors have been exhausted, in which case the thirty (30)-day requirement in
the Billing Submission section will be extended until all such appeals have been exhausted; (e)
maintain appropriate documentation from the third party payor reflecting attempts to obtain
reimbursement; (f) bill all third party payors for services provided under this Contract before
submitting any request for reimbursement to Department; and (g)provide third party billing functions
at no cost to the client.
General Provisions(Core Subrecipient)2015 (July 1, 2014) 15
•
ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS
Section 7.01 Allowable Costs.
For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS
will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming
reimbursement and within the applicable term to be eligible for reimbursement under this Contract.
DSHS will determine whether costs submitted by Contractor are allowable and eligible for
reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will
notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty(30)
calendar days of the date of this written notice. DSHS may withhold all or part of any payments to
Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has
not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports
section are not submitted by the due date(s). DSHS may take repayment(recoup) from funds
available under this Contract in amounts necessary to fulfill Contractor's repayment obligations.
Applicable cost principles, audit requirements, and administrative requirements include-
Applicable Entity Applicable Cost Audit Requirements Administrative
Principles Requirements
State, Local and Tribal OMB Circular A-87 OMB Circular UGMS, OMB Circular
Governments (2 CFR, Part 225) A-133 and UGMS A-102,and applicable
Federal awarding
agency common rule
Educational Institutions OMB Circular A-21 OMB Circular OMB Circular A-110(2
(2 CFR,Part 220) A-133 CFR, Part 215)and
applicable Federal
awarding agency
common rule;and
UGMS, as applicable
Non-Profit OMB Circular OMB Circular UGMS; OMB Circular
Organizations A-122(2 CFR, Part A-133 and UGMS A-110 (2 CFR, Part
230) 215)and applicable
Federal awarding
agency common rule
For-profit Organization 48 CFR Part 31, OMB Circular A- UGMS and applicable
other than a hospital and Contract Cost 133 and UGMS Federal awarding
an organization named Principles agency common rule
in OMB Circular A-122 Procedures, or
(2 CFR Part,230)as not uniform cost
subject to that circular. accounting standards
that comply with
cost principles
acceptable to the
federal or state
awarding agency
A chart of applicable Federal awarding agency common rules is located through a weblink on the
DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be applied
General Provisions(Core Subrecipient)2015 (July 1, 2014) 17
If Contractor fails to submit the audit report as required by the Independent Single or Program-
Specific Audit section within thirty(30) calendar days of receipt by Contractor of an audit report,
Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract.
ARTICLE VIII CONFIDENTIALITY
Section 8.01 Maintenance of Confidentiality.
Contractor shall maintain the privacy and confidentiality of information and records received during
or related to the performance of this Contract, including patient and client records that contain
• protected health information (PHI), and any other information that discloses confidential personal
information or identifies any client served by DSHS, in accordance with applicable federal and state
laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR
Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health &
Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611,
and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations.
Section 8.02 Department Access to PHI and Other Confidential Information.
Contractor shall cooperate with Department to allow Department to request, collect and receive PHI
and other confidential information under this Contract, without the consent of the individual to whom
the PHI relates, for funding, payment and administration of the grant program, and for purposes
permitted under applicable state and federal confidentiality and privacy laws.
Section 8.03 Exchange of Client-Identifying Information.
Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of
clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and
Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose
information described in Tex. Health & Safety Code § 614.017(a)(2)relating to special needs
offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that
agency, unless Contractor documents that the information is not allowed to be disclosed under 45
CFR Part 164 or other applicable law.
Section 8.04 Security of Patient or Client Records.
Contractor shall maintain patient and client records in compliance with state and federal law relating
to security and retention of medical or mental health and substance abuse patient and client records.
Department may require Contractor to transfer original or copies of patient and client records to
Department,without the consent or authorization of the patient or client, upon termination of this
Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the
individual patient or client is transferred to another entity. Prior to providing services funded under
this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or
client to transfer copies of patient or client records to another entity funded by DSHS upon
termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or
treatment is transferred to another DSHS-funded contractor.
General Provisions(Core Subrecipient)2015 (July 1,2014) 19
ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS
Section 11.01 Access and Inspection.
In addition to any right of access arising by operation of law, Contractor, and any of Contractor's
affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly
authorized representatives, as well as duly authorized federal, state or local authorities, including the
Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted
access to and the right to examine any site where business is conducted or client services are
performed, and all records (including financial records, client and patient records, if any, and
Contractor's personnel records and governing body personnel records), books, papers or documents
related to this Contract; and the right to interview members of Contractor's governing body, staff,
volunteers, participants and clients concerning the Contract, Contractor's business and client services.
If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing,
Contractor shall produce original documents related to this Contract. The Department and HHSC
will have the right to audit billings both before and after payment, and all documentation that
substantiates the billings. Contractor shall make available to the Department information collected,
assembled or maintained by Contractor relative to this Contract for the Department to respond to
requests that it receives under the Public Information Act. Contractor shall include this provision
concerning the right of access to, and examination of, sites and information related to this Contract in
any subcontract it awards.
Section 11.02 State Auditor's Office.
Contractor shall, upon request, make all records, books, papers, documents, or recordings related to
this Contract available for inspection, audit, or reproduction during normal business hours to any
authorized representative of the SAO. Contractor understands that the acceptance of funds under this
Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit
or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its
successor in the conduct of the audit or investigation, including providing all records requested, and
providing access to any information the SAO considers relevant to the investigation or audit. The
SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its
subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit
and the requirement to cooperate, in any subcontract Contractor awards.
Section 11.03 Responding to Deficiencies.
Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during
an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall
submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection,
program or management review or financial audit to the satisfaction of DSHS or, if directed by
DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of either
an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions
under the Breach of Contract and Remedies for Non-Compliance Article of these General Provisions.
General Provisions (Core Subrecipient)2015 (July 1,2014) 21
Section 12.05 Insolvency.
Contractor shall notify in writing the contract manager assigned to the Program Attachment of
Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue
Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of
determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an
unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager
assigned to the Program Attachment of its plan to seek bankruptcy protection within three(3)
working days of such action by Contractor's governing body.
Section 12.06 Misuse of Funds and Performance Malfeasance.
Contractor shall report to the contract manager assigned to the Program Attachment, any knowledge
of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or
violation of financial laws, rules, policies, and procedures related to performance under this Contract.
Contractor shall make such report no later than three (3)working days from the date that Contractor
has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is
federally funded by the Department of Health and Human Services (HHS), Contractor shall report
any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other
person, has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving those funds. Contractor shall make this report to the SAO at http://sao.fraud.state.tx.us,
and to the HHS Office of Inspector General at http://www.oig.hhs.gov/fraud/hotline/no later than
three (3) working days from the date that Contractor has knowledge or reason to believe such activity
has taken place.
Section 12.07 Criminal Activity and Disciplinary Action.
Contractor affirms that no person who has an ownership or controlling interest in the organization or
who is an agent or managing employee of the organization has been placed on community
supervision, received deferred adjudication, is presently indicted for or has been convicted of a
criminal offense related to any financial matter, federal or state program or felony sex crime.
Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has
reason to believe Contractor, or a person with ownership or controlling interest in the organization or
who is an agent or managing employee of the organization, an employee or volunteer of Contractor,
or a subcontractor providing services under this Contract has engaged in any activity that would
constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would
reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has
been placed on community supervision, received deferred adjudication, or been indicted for or
convicted of a criminal offense relating to involvement in any financial matter, federal or state
program or felony sex crime. Contractor shall make the reports required by this section no later than
three(3) working days from the date that Contractor has knowledge or reason to believe such activity
has taken place. Contractor shall not permit any person who engaged, or was alleged to have
engaged, in an activity subject to reporting under this section to perform direct client services or have
direct contact with clients, unless otherwise directed by DSHS.
General Provisions(Core Subrecipient)2015 (July 1,2014) 23
Contractor shall include the certifications in this Article in all subcontracts and solicitations for
subcontracts. Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the contract manager assigned to the Program Attachment.
If Contractor's status with respect to the items certified in this Article changes during the term of this
Contract, Contractor shall immediately notify the contract manager assigned to the Program
Attachment.
Section 13.02 Child Support Delinquencies.
As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30)
calendar days delinquent in paying child support and a business entity in which the obligor is a sole
proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent
(25%) is not eligible to receive payments from state funds under a contract to provide property,
materials, or services or receive a state-funded grant or loan. If applicable, Contractor shall maintain
its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the
payments specified in this Contract, and acknowledges that this Contract may be terminated and
payment may be withheld if this certification is inaccurate.
Section 13.03 Authorization.
Contractor certifies that it possesses legal authority to contract for the services described in this
Contract and, if applicable,that a resolution, motion or similar action has been duly adopted or
passed as an official act of Contractor's governing body, authorizing the binding of the organization
under this Contract including all understandings and assurances contained in this Contract, and
directing and authorizing the person identified as the authorized representative of Contractor to act in
connection with this Contract and to provide such additional information as may be required.
Section 13.04 Gifts and Benefits Prohibited.
Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any
economic opportunity,present or future employment, gift, loan, gratuity, special discount, trip, favor,
service or anything of monetary value to a DSHS or HHSC official or employee in connection with
this Contract.
Section 13.05 Ineligibility to Receive the Contract.
(a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this
Contract if this Contract includes financial participation by a person who received compensation from
DSHS to participate in developing, drafting or preparing the specifications, requirements,
statement(s)of work or Solicitation Document on which this Contract is based. Contractor certifies
that neither Contractor, nor its employees, nor anyone acting for Contractor has received
compensation from DSHS for participation in the development, drafting or preparation of
specifications, requirements or statement(s) of work for this Contract or in the Solicitation Document
on which this Contract is based; (b)pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053,
Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial
General Provisions(Core Subrecipient)2015 (July 1,2014) 25
requirements contained or referred to in this Contract will not constitute a defense or basis for
waiving or appealing such provisions or requirements.
Section 14.02 Management and Control Systems.
Contractor shall comply with all the requirements of the Department's Contractor's Financial
Procedures Manual, and any of its subsequent amendments, which is available at the Department's
web site: http://www.dshs.state.tx.us/contracts/cfpm.shtm. Contractor shall maintain an appropriate
contract administration system to ensure that all terms, conditions, and specifications are met during
the term of the contract through the completion of the closeout procedures. Contractor shall develop,
implement, and maintain financial management and control systems that meet or exceed the
requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual. Those requirements and procedures include, at a minimum, the following:
a) financial planning, including the development of budgets that adequately reflect all functions
and resources necessary to carry out authorized activities and the adequate determination of
costs;
b) financial management systems that include accurate accounting records that are accessible
and identify the source and application of funds provided under each Program Attachment of
this Contract, and original source documentation substantiating that costs are specifically and
solely allocable to a Program Attachment and are traceable from the transaction to the general
ledger; and
c) effective internal and budgetary controls; comparison of actual costs to budget; determination
of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and
resolution of any findings; billing and collection policies; and a mechanism capable of billing
and making reasonable efforts to collect from clients and third parties.
Section 14.03 Insurance.
Contractor shall maintain insurance or other means of repairing or replacing assets purchased with
Department funds. Contractor shall repair or replace with comparable equipment any such
equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured
equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify
the contract manager assigned to the Program Attachment to obtain instructions whether to submit
and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment
or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS.
Section 14.04 Fidelity Bond.
For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal
to the amount of funding provided under this Contract up to $100,000 that covers each employee of
Contractor handling funds under this Contract, including person(s) authorizing payment of such
funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by(1)
any fraudulent or dishonest act or acts committed by any of Contractor's employees, either
individually or in concert with others, and/or(2) failure of Contractor or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue
of his/her position or employment. The bond or insurance acquired under this section must include
General Provisions(Core Subrecipient)2015 (July 1,2014) 27
the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in
the Department's Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts/cfpm.shtm. .
Section 14.09 No Endorsement.
Other than stating the fact that Contractor has a contract with DSHS, Contractor and its
subcontractors are prohibited from publicizing the contractual relationship between Contractor and
DSHS, and from using the Department's name, logo or website link in any manner that is intended,
or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of
Contractor's organization, program, services or product, without the express written consent of
DSHS.
Section 14.10 Historically Underutilized Businesses (HUBs).
If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is
permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to
consider subcontracting with HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex.
Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBs at
http://www.window.state.tx.us/procurement/prog/hub. If Contractor has filed a HUB subcontracting
plan,the plan is incorporated by reference in this Contract. If Contractor desires to make a change in
the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the
revised plan before proposed changes will be effective under this Contract. Contractor shall make a
good faith effort to subcontract with HUBs during the performance of this Contract and shall report
HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for
the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code §
20.16(b).
Section 14.11 Buy Texas.
Contractor shall purchase products and materials produced in Texas when the products and materials
are available at a price and time comparable to products and materials produced outside of Texas as
required by Tex. Gov. Code § 2155.4441.
Section 14.12 Contracts with Subrecipient and Vendor Subcontractors.
Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement
equaling or exceeding$100,000, Contractor shall obtain written approval from DSHS. Contractor
shall establish written policies and procedures for competitive procurement and monitoring of
subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor
subrecipient subcontractors for both financial and programmatic performance and shall maintain
pertinent records that must be available for inspection by DSHS. Contractor shall ensure that
subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules,
and regulations and by the provisions of this Contract.
Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the
following:
a) name and address of all parties and the subcontractor's Vendor Identification Number(VIN)
or Employee Identification Number(EIN);
General Provisions(Core Subrecipient)2015 (July 1, 2014) 29
an agent or employee of the Department or the State of Texas for any purpose whatsoever. For
purposes of this Contract, Contractor acknowledges that its employees, subcontractors,joint venture
participants or agents will not be eligible for unemployment compensation from the Department or
the State of Texas.
Section 14.16 Authority to Bind.
The person or persons signing this Contract on behalf of Contractor, or representing themselves as
signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly
authorized by Contractor to execute this Contract for Contractor and to validly and legally bind
Contractor to all of its terms.
Section 14.17 Tax Liability.
Contractor shall comply with all state and federal tax laws and is solely responsible for filing all
required state and federal tax forms and making all tax payments. If the Department discovers that
Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to
remedies and sanctions under this Contract, including immediate termination at the Department's
discretion. If the Contract is terminated under this section, the Department will not enter into a
contract with Contractor for three (3) years from the date of termination.
Section 14.18 Notice of Organizational Change.
Contractor shall submit written notice to the contract manager assigned to the Program Attachment
within ten (10) business days of any change to the Contractor's name; contact information; key
personnel, officer, director or partner; organizational structure, such as merger, acquisition or change
in form of business; legal standing; or authority to do business in Texas. A change in Contractor's
name and certain changes in organizational structure require an amendment to this Contract in
accordance with the Amendments section of these General Provisions.
Section 14.19 Quality Management.
Contractor shall comply with quality management requirements as directed by the Department.
Section 14.20 Equipment.
Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of
more than one year and an acquisition cost of$5,000 or more. Contractors shall inventory all
equipment, and report the inventory on the Contractors Property Inventory Form as required under
Section 14.23. Contractor shall initiate the purchase of all equipment approved in writing by DSHS,
in the first quarter of the Contract or Program Attachment 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 of the
Program Attachment must be submitted to the contract manager assigned to the Program Attachment.
Section 14.21 Supplies.
Supplies are defined as consumable items necessary to carry out the services under this Contract
including medical supplies, drugs,janitorial supplies, office supplies, patient educational supplies,
software, and any items of tangible personal property other than those defined as equipment above.
Tangible personal property includes controlled assets, including firearms, regardless of the
acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than
General Provisions(Core Subrecipient)2015 (July 1, 2014) 31
Section 14.26 Property Acquisitions.
Department funds must not be used to purchase buildings or real property. Any costs related to the
initial acquisition of the buildings or real property are not allowable.
Section 14.27 Disposition of Property.
Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated
Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract
term, of equipment purchased with the Department funds, except when federal or state statutory
requirements supersede or when the equipment requires licensure or registration by the state, or when
the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not
listed in the AHA reference (other than equipment that requires licensure or registration or that has an
acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If,
prior to the end of the useful life, any item of equipment is no longer needed to perform services
under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or
had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval
and instructions in writing from the contract manager assigned to the Program Attachment. After an
item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in
accordance with Generally Accepted Accounting Principles, and any applicable federal guidance.
Section 14.28 Closeout of Equipment.
At the end of the term of a Program Attachment that has no additional renewals or that will not be
renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit
to the contract manager assigned to the Program Attachment, an inventory of equipment purchased
with Department funds and request disposition instructions for such equipment. All equipment
purchased with Department funds must be secured by Contractor at the time of Closeout or
termination of the Program Attachment and must be disposed of according to the Department's
disposition instructions, which may include return of the equipment to DSHS or transfer of
possession to another DSHS contractor, at Contractor's expense.
Section 14.29 Assets as Collateral Prohibited.
Contractors on a cost reimbursement payment method shall not encumber equipment purchased with
Department funds without prior written approval from the Department.
ARTICLE XV GENERAL TERMS
Section 15.01 Assignment.
Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any
equipment purchased with funds from this Contract, without the prior written consent of the
Department.
Section 15.02 Lobbying.
Contractor shall comply with Tex. Gov. Code § 556.0055, which prohibits contractors who receive
state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds
paid under this Contract, either directly or indirectly,to support the enactment, repeal, modification,
or adoption of any law, regulation or policy at any level of government, or to pay the salary or
General Provisions(Core Subrecipient)2015 (July 1,2014) 33
influence or direct the actions or policies of the other. Contractor, for purposes of reporting
transactions between related parties, includes the entity contracting with the Department under this
Contract as well as the chief executive officer, chief financial officer and program director of
Contractor. Contractor shall submit to the contract manager assigned to the Program Attachment the
name, address and telephone number of the related party, how the party is related to Contractor and
the work the related party will perform under this Contract. Contractor shall comply with Tex. Gov.
Code Chapter 573. Contractor shall maintain records and supply any additional information
requested by the Department, regarding a transaction between related parties, needed to enable the
Department to determine the appropriateness of the transaction pursuant to applicable state or federal
law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR §
215.42, and UGMS.
Section 15.05 Intellectual Property.
Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a
result of this Contract.
a) "Intellectual property" means created property that may be protected under copyright, patent,
or trademark/service mark law.
b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially
ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS
owns works made for hire unless it agrees otherwise by contract. To the extent that title and
interest to any such work may not, by operation of law, vest in DSHS, or such work may not
be considered a work made for hire, Contractor irrevocably assigns the rights,title and
interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all
patents, copyrights, registrations or other such protections as may be appropriate to the subject
matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of
Texas, as well as any person designated by DSHS and the State of Texas, all assistance
required to perfect the rights defined herein without charge or expense beyond those amounts
payable to Contractor for goods provided or services rendered under this Contract.
c) If federal funds are used to finance activities supported by this Contract that result in the
production of intellectual property, the federal awarding agency reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize
others to use, for federal government purposes (1)the copyright in any intellectual property
developed under this Contract, including any subcontract; and (2) any rights of copyright to
which a Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate,
on any publication written or published with such support and, if feasible, on any publication
reporting the results of or describing a grant-supported activity. An acknowledgment must be
to the effect that"This publication was made possible by grant number from (federal
awarding agency)" or"The project described was supported by grant number from
(federal awarding agency)" and "Its contents are solely the responsibility of the authors and
do not necessarily represent the official views of the (federal awarding agency)."
d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty-
free, nonexclusive, worldwide and irrevocable license to reproduce,publish or otherwise use,
and to authorize others to use, for DSHS, public health, and state governmental
noncommercial purposes (1)the copyright,trademark, service mark, and/or patent on an
invention, discovery, or improvement to any process, machine, manufacture, or composition
General Provisions(Core Subrecipient)2015 (July 1,2014) 35
Section 15.12 Survivability of Terms.
Termination or expiration of this Contract or a Program Attachment for any reason will not release
either Party from any liabilities or obligations in this Contract that(a)the Parties have expressly
agreed will survive any such termination or expiration, or(b) remain to be performed or(c) by their
nature would be intended to be applicable following any such termination or expiration.
Section 15.13 Direct Operation.
At the Department's discretion,the Department may temporarily assume operations of a Contractor's
program or programs funded under this Contract when the continued operation of the program by
Contractor puts at risk the health or safety of clients and/or participants served by Contractor.
Section 15.14 Customer Service Information.
If requested, Contractor shall supply such information as required by the Department to comply with
the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys.
Section 15.15 Amendment.
The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this
Contract without the written agreement of Contractor. All other amendments to this Contract must be
in writing and agreed to by both Parties, except as otherwise specified in the Contractor's
Notification of Change to Certain Contract Provisions section or the Contractor's Request for
Revision to Certain Contract Provisions section of this Article. Contractor's request for certain
budget revisions or other amendments must be submitted in writing, including a justification for the
request, to the contract manager assigned to the Program Attachment; and if a budget revision or
amendment is requested during the last quarter of the Contract or Program Attachment term, as
applicable, Contractor's written justification must include a reason for the delay in making the
request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as
otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay
for the performance or production of, different or additional goods, services, work or products except
pursuant to an amendment of this Contract that is executed in compliance with this section; and
DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or
otherwise in compliance with this Article.
Section 15.16 Contractor's Notification of Change to Certain Contract Provisions.
The following changes may be made to this Contract without a written amendment or the
Department's prior approval:
a) contractor's contact person and contact information;
b) contact information for key personnel, as stated in Contractor's response to the Solicitation
Document, if any;
c) cumulative budget transfers that exceed 25%among direct cost categories, other than the
equipment category, of cost reimbursement contract Program Attachments of less than
$100,000, provided that the total budget amount is unchanged (This subsection does not apply
to contracts funded by funding sources that have different percentage requirements);
d) minor corrections or clarifications to the Contract language that in no way alter the scope of
work, objectives or performance measures; and
General Provisions(Core Subrecipient)2015 (July 1, 2014) 37
Section 15.19 Hold Harmless and Indemnification.
Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual
state employees and officers, and the federal government harmless and to indemnify them from any
and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages
to the extent that such costs, fees, and damages arise from performance or nonperformance of
Contractor, its employees, subcontractors,joint venture participants or agents under this Contract.
Section 15.20 Waiver.
Acceptance by either Party of partial performance or failure to complain of any action, non-action or
default under this Contract will not constitute a waiver of either Party's rights under this Contract.
Section 15.21 Electronic and Information Resources Accessibility and Security Standards.
(a) This section applies if the Contract requires the Contractor to procure or develop Electronic and
Information Resources (EIR) for DSHS, or to change any of DSHS' EIR. This section also applies if
the Contract requires the Contractor to perform a service or supply goods that include EIR that (i)
DSHS employees are required to use or permitted access to; or(ii) Members of the public are
required or permitted to access. This section does not apply to incidental uses of EIR in the
performance of a contract, unless the parties agree that the EIR will become property of the state or
will be used by DSHS clients after completion of the Contract.
Nothing in this section is intended to prescribe the use of particular designs or technologies or to
prevent the use of alternative technologies, provided they result in substantially equivalent or greater
access to and use of a product/service.
(b) Definitions.
1. "Accessibility Standards" means the Electronic and Information Resources Accessibility
Standards in 1 TAC Chapter 213, and the Web Site Accessibility Standards/Specifications in
1 TAC Chapter 206.
2. "Electronic and Information Resources" means information resources, including
information resources technologies, and any equipment or interconnected system of
equipment that is used in the creation, conversion, duplication, or delivery of data or
information. The term includes, but is not limited to, telephones and other
telecommunications products, information kiosks, transaction machines, Internet websites,
multimedia resources, and office equipment, including copy machines and fax machines.
3. "Electronic and Information Resources Accessibility Standards means the accessibility
standards for electronic and information resources contained in Volume 1 Texas
Administrative Code chapter 213.
4. "Web Site Accessibility Standards/Specifications" means standards contained in Volume
1 Texas Administrative Code Chapter 206.
5. "Products"means information resources technologies that are, or are related to, EIR.
(c) Accessibility Requirements. Under Texas Government Code Chapter 2054, Subchapter M,
and implementing rules of the Department of Information Resources (DIR), DSHS must procure
Products that comply with the Accessibility Standards when such Products are available in the
commercial marketplace or when such Products are developed in response to a procurement
solicitation. Accordingly, Contractor must provide electronic and information resources and
General Provisions (Core Subrecipient)2015 (July 1, 2014) 39
•
control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural
disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any
such cause of delay or failure will extend the period of performance in the exercise of reasonable
diligence until after the cause of the delay or failure no longer exists and, if applicable, for any
reasonable period of time thereafter required to resume performance. A Party, within a period of
time reasonable under the circumstances, must inform the other by any reasonable method (phone,
email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the
existence of a force majeure event or otherwise waive the right as a defense to non-performance.
Section 15.23 Interim Contracts.
The Parties agree that the Contract and/or any of its Program Attachments will automatically
continue as an"Interim Contract" beyond the expiration date of the term of the Contract or Program
Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the
expiration date of the Contract or Program Attachment, there is a state of disaster declared by the
Governor that affects the ability or resources of the DSHS contract or program staff managing the
Contract to complete in a timely manner the extension, renewal, or other standard contract process for
the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion
that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor
promptly in writing if such a determination is made. The notice will specify whether DSHS is
extending the Contract or Program Attachment for additional time for Contractor to perform or
complete the previously contracted goods and services (with no new or additional funding) or is
purchasing additional goods and services as described in the Program Attachment for the term of the
Interim Contract, or both. The notice will include billing instructions and detailed information on
how DSHS will fund the goods or services to be procured during the Interim Contract term. The
Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the
Parties agree to a shorter period of time.
Section 15.24 Cooperation and Communication.
Contractor shall cooperate with Department staff and, as applicable, other DSHS contractors, and
shall promptly comply with requests from DSHS for information or responses to DSHS inquiries
concerning Contractor's duties or responsibilities under this Contract.
ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON-
COMPLIANCE
Section 16.01 Actions Constituting Breach of Contract.
Actions or inactions that constitute breach of contract include, but are not limited to, the following:
a) failure to properly provide the services and/or goods purchased under this Contract;
b) failure to comply with any provision of this Contract, including failure to comply with all
applicable statutes, rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the DSHS or agreed order issued by
DSHS;
e) failure by Contractor to provide a full accounting of funds expended under this Contract;
General Provisions(Core Subrecipient)2015 (July 1, 2014) 41
e) disallow costs and credit for matching funds, if any, for all or part of the activities or action
not in compliance;
0 temporarily withhold cash payments. Temporarily withholding cash payments means the
temporary withholding of a working capital advance, if applicable, or reimbursements or
payments to Contractor for proper charges or obligations incurred, pending resolution of
issues of noncompliance with conditions of this Contract or indebtedness to the United States
or to the State of Texas;
Section 16.03 Notice of Remedies or Sanctions.
Department will formally notify Contractor in writing when a remedy or sanction is imposed (with
the exception of accelerated monitoring, which may be unannounced), stating the nature of the
remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be
taken before the actions will be removed and the time allowed for completing the corrective actions,
and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other
than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15)
calendar days of receipt of notice, a written response to Department acknowledging receipt of such
notice. If requested by the Department, the written response must state how Contractor shall correct
the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the
remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted, unless the remedy or sanction is
subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision
is final. Department will provide written notice to Contractor of Department's decision. If required
by the Department, Contractor shall submit a corrective action plan for DSHS approval and take
corrective action as stated in the approved corrective action plan. If DSHS determines that
repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full
repayment is not received within the time limit stated in the demand letter, and if recoupment is
available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under
this Contract.
Section 16.04 Emergency Action.
In an emergency, Department may immediately terminate or suspend all or part of this Contract,
temporarily or permanently withhold cash payments, deny future contract awards, or delay contract
execution by delivering written notice to Contractor, by any verifiable method, stating the reason for
the emergency action. An "emergency" is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or
client health, welfare or safety. The direct adverse effect may be programmatic or financial
and may include failing to provide services, providing inadequate services, providing
unnecessary services, or using resources so that the public or clients do not receive the
benefits contemplated by the scope of work or performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be determined by Department
on a case-by-case basis and will be based upon the nature of the noncompliance or conduct.
ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT
General Provisions(Core Subrecipient)2015 (July 1, 2014) 43
Section 18.02 Effect of Termination.
Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded
funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of
the authority to obligate previously awarded funds. Contractor's costs resulting from obligations
incurred by Contractor after termination of an award are not allowable unless expressly authorized by
the notice of termination. Upon termination of this Contract or Program Attachment, as applicable,
Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe
transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or
another entity designated by DSHS. Upon termination of all or part of this Contract, Department and
Contractor will be discharged from any further obligation created under the applicable terms of this
Contract or the Program Attachment, as applicable, except for the equitable settlement of the
respective accrued interests or obligations incurred prior to termination and for Contractor's duty to
cooperate with DSHS, and except as provided in the Survivability of Terms section of the General
Terms Article. Termination does not, however, constitute a waiver of any remedies for breach of this
Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of
information will survive this Contract.
Section 18.03 Acts Not Constituting Termination.
Termination does not include the Department's (1) withdrawal of funds awarded on the basis of
Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the
unobligated balance at the expiration of the term of a Program Attachment; (3)refusal to extend a
Program Attachment or award additional funds to make a competing or noncompeting continuation,
renewal, extension, or supplemental award; (4) non-renewal of a contract or Program Attachment at
Department's sole discretion; or(5) voiding of a contract upon determination that the award was
obtained fraudulently, or was otherwise illegal or invalid from inception.
Section 18.04 Termination or Temporary Suspension Without Cause.
a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least
thirty(30) calendar days prior written notice to the other Party, except that if Contractor seeks
to terminate a Contract or Program Attachment that involves residential client services,
Contractor shall give the Department at least ninety (90) calendar days prior written notice
and shall submit a transition plan to ensure client services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by mutual agreement.
c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds
become unavailable through lack of appropriations, budget cuts, transfer of funds between
programs or health and human services agencies, amendments to the Appropriations Act,
health and human services consolidations, or any disruption of current appropriated funding
for this Contract or Program Attachment. Contractor will be notified in writing of any
termination or temporary suspension or of any cessation of temporary suspension. Upon
notification of temporary suspension, Contractor shall discontinue performance under the
Contract as of the effective date of the suspension, for the duration of the suspension.
d) Department may terminate this Contract or a Program Attachment immediately when, in the
sole determination of Department, termination is in the best interest of the State of Texas.
General Provisions(Core Subrecipient)2015 (July 1,2014) 45
debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or
consents to the filing of any case or petition against it under any such law;
8) any property or portion of the property of Contractor is sequestered by court order and the
order remains in effect for more than thirty (30) calendar days after Contractor obtains
knowledge of the sequestration;
9) a petition is filed against Contractor under any state reorganization, arrangement,
insolvency, readjustment of debt, dissolution, receivership or liquidation law of any
jurisdiction then in effect, and the petition is not dismissed within thirty(30) calendar
days; or
10)Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or
of all or any part of its property;
h) Contractor's management system does not meet the UGMS management standards; or
i) Any required license, certification, permit, registration or approval required to conduct
Contractor's business or to perform services under this Contract is not obtained or is revoked,
is surrendered, expires, is not renewed, is inactivated or is suspended.
Section 18.06 Notice of Termination.
Either Party may deliver written notice of intent to terminate by any verifiable method. If either
Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor
shall attempt to resolve any issues related to the anticipated termination in good faith during the
notice period.
ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS
Section 19.01 Void Contracts.
Department may void this Contract upon determination that the award was obtained fraudulently or
was otherwise illegal or invalid from its inception.
Section 19.02 Effect of Void, Suspended,or Involuntarily Terminated Contract.
A Contractor who has been a party to a contract with DSHS that has been found to be void, or is
suspended, or is terminated for cause is not eligible for Any renewal or increase of funding for an
existing contract, or new contracts or renewals until, in the case of suspension or termination, the
Department has determined that Contractor has satisfactorily resolved the issues underlying the
suspension or termination. Additionally, if this Contract is found to be void, any amount paid to the
Contractor is subject to recoupment by DSHS.
Section 19.03 Appeals Rights.
Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of
a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing
under Tex. Gov. Code Chapter 2001.
General Provisions(Core Subrecipient)2015 (July 1, 2014) 47
2015-047255-001
Categorical Budget:
PERSONNEL $31,200.00
FRINGE BENEFITS $14,976.00
TRAVEL $1,091.00
EQUIPMENT $0.00
SUPPLIES $2,733.00
CONTRACTUAL $0.00
OTHER $0.00
TOTAL DIRECT CHARGES $50,000.00
INDIRECT CHARGES $0.00
TOTAL $50,000.00
DSHS SHARE $50,000.00
CONTRACTOR SHARE $0.00
OTHER MATCH $0.00
Total reimbursements will not exceed $50,000.00
Financial status reports are due: 01/30/2015, 04/30/2015, 07/31/2015, 11/16/2015
Ordinance authorizing the City Manager, or h i s designee to
execute all documents necessary to accept and appropriate a
grant in the amount of $50,000 from the Texas Department of
State Health Services in the Health Grants Fund No. 1066 to
provide funds to implement systems and strategies that address one
or more Texas Healthy Communities priority indicators for the
contract period of October 1, 2014, through September 30, 2015;
and to ratify acceptance of the grant to begin as of October 1,
2014.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1 : The City Manager, or his designee, is authorized to execute all
documents necessary to accept and appropriate a grant in the amount of
$50,000 from the Texas Department of State Health Services in the Health
Grants Fund No. 1066 to provide funds to implement evidence-based community
systems and environmental change strategies that address, for the contract
(Contract #2015-047255) period of October 1, 2014 through September 30,
2015, one or more Texas Healthy Communities priority indicators, which include:
Indicator 1: Physical Activity
Indicator 2: Nutrition
Indicator 3: Breastfeeding
Indicator 4: Schools
Indicator 5: Worksites
Indicator 6: Comprehensive Tobacco Control
Indicator 7: Cardiac and Stroke Response
Indicator 8: Health Care Quality
Section 2: Further the City Council ratifies acceptance of the grant to begin as of
October 1, 2014. A copy of the executed grant shall be filed in the office of the
City Secretary.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2014, by the following vote:
Nelda Martinez Chad Magill
Kelley Allen Colleen McIntyre
Rudy Garza Lillian Riojas
Priscilla Leal Mark Scott
David Loeb
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2014, by the following vote:
Nelda Martinez Chad Magill
Kelley Allen Colleen McIntyre
Rudy Garza Lillian Riojas
Priscilla Leal Mark Scott
David Loeb
PASSED AND APPROVED, this the day of , 2014.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor