6-Appendix 3 - Sample Agreement.pdf

Appendix 3 – Sample Agreement

AGREEMENT NUMBER: / /______________

SERVICES AGREEMENT

This Services Agreement is entered to specify the terms and conditions under which The University of Texas Health Science Center at San Antonio (hereinafter “UTHSA”) shall purchase services from (hereinafter “______ Provider”) in support of UTHSA’s project entitled “__________________________________________” (hereinafter “Initiative”). Funds from this appropriation were awarded to the Texas Health and Human Services Commission (HHSC).

HHSC has subcontracted with UTHSA to provide funds to support_________________________.

Funding for this project is made available from the Texas Health and Human Services Commission (hereinafter “system agency”) under .

1. Term of Performance. This Agreement term is from September 1, 2025 through August 31, 2026 with eligible expenditures allowed from September 1, 2025 through August 31, 2026.

2. Statement of Work. The _______________ Provider will be providing all the necessary qualified personnel, equipment, materials and facilities to accomplish the services as set forth attached hereto and incorporated herein with the Statement of Work (Attachment A).

3. Termination. This Agreement may be terminated in whole or in part in any of the following cases: a) by either party upon thirty (30) days prior written notice; b) by either party if the other party materially fails to comply with the terms and conditions of this Agreement; or c) by either party without prior notice when such action is necessary to protect the safety of patients.

4. Consideration and Payment. UTHSA shall reimburse ________ Provider not more often than monthly for allowable cost reimbursable costs. All invoices shall be submitted using __________ Provider’s standard invoice, but at a minimum shall include the approved budget, current and cumulative expended amounts, agreement number, and certification as to truth and accuracy of the invoice. A sample invoice has been provided as Attachment C. All invoices should be submitted to BeWellTXInvoicing@uthscsa.edu on the 30th of each month for the month of cost incurred from the previous month. Final invoices shall be submitted within thirty (30) days of the termination date of this Agreement and shall be marked as final.

mailto:BeWellTXInvoicing@uthscsa.edu

5. Reports. The ________ Provider shall submit reports as specified in the Statement of Work (Attachment A), attached hereto and incorporated herein. In addition, the ____________ Provider may be asked to furnish other reports, at such time and in such form, as reasonably requested by UTHSA during the term of this Agreement.

6. Right to Access. The ____________ Provider shall allow UT Health, Texas Health and Human Services, State Auditor's Office (SAO), Office of Inspector General (OIG), and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed and the right to audit the Provider in accordance with §200.300 of the OMB Uniform Guidance.

7. Publications, Copyrights, and Confidentiality. No party shall, without the prior written consent of the other party, use in advertising, publicity, or otherwise, the name, trademark, logo, symbol, or other image of the other party, its employees or agents, including without limitation, any of such relating to UTHSA and _______ Provider. ______ Provider (including its employees, agents, and representatives) shall not issue or disseminate any press release or statement, nor initiate any communication of information regarding this initiative (written or oral) to the communications media without the prior written consent of UTHSA.

Disclosure of information the parties wish to remain confidential and proprietary information (hereinafter collectively, “Confidential Information”) directly pertaining to the project is in confidence and thus the Parties agree to:

a. (1) Not disclose the Confidential Information, as defined above, to any other person and (2) use at least the same degree of care to maintain the Confidential Information as the Receiving Party uses in maintaining its own confidential information, but always at least a reasonable degree of care;

b. Use the Confidential Information only for the Purpose;

c. Restrict disclosure of the Confidential Information solely to those employees of the Receiving

Party having a need to know such Confidential Information in order to accomplish the Purpose;

d. Advise each such employee, before he or she receives access to the Confidential Information, of the obligations of the Parties under this Agreement, and require each such employee to maintain those obligations. The Confidential Information may be communicated to the University's scientific and/or institutional review committee(s) under a similar, appropriate understanding of the confidential and/or proprietary nature of the Confidential Information supplied and to further the Purpose.

e. Within fifteen (15) days following written request of the Disclosing Party return to the Disclosing Party all documentation, copies, notes, diagrams, computer memory media and other materials containing any portion of the Confidential Information which was provided by the Disclosing Party, or confirm to Disclosing Party, in writing, the destruction of such materials. The Parties shall have the right to retain one (1) copy in a secure location for the sole purpose of determining any continuing obligations of confidentiality under this Agreement. This Agreement imposes no obligation on the Receiving Party with respect to any portion of the Confidential Information received from the Disclosing Party which (a) was known to Receiving Party prior to disclosure by Disclosing Party, (b) is lawfully obtained by Receiving Party from a third party under no obligation of confidentiality, (c) is or becomes generally known or publicly available other than by unauthorized disclosure, (d) is independently developed by Receiving Party, (e) is disclosed by Disclosing Party to a third party without a duty of confidentiality on the third party, or (f) is not disclosed in writing or reduced to writing and marked with an appropriate confidentiality legend within thirty (30) days after disclosure. In addition, a Party may disclose to third parties Confidential Information of the other Party to the minimal extent such disclosure is required to comply with law or regulation, provided that to the extent possible the Party required to make such disclosure shall notify disclosing Party and assert or allow disclosing Party to assert any exclusions or exemptions that may be available to it and/or seek a protective order with respect thereto. The Confidential Information provided by the Disclosing Party shall remain the sole property of Disclosing Party.

8. Patents and Intellectual Property. Ideas, know-how, data (including initiative results), and other intellectual property generated under this Agreement shall be the sole and exclusive property of UTHSA and inventorship shall be determined in accordance with U.S. Patent laws.

_______________ Provider shall also grant to UTHSA an irrevocable, royalty-free, worldwide, non-exclusive license to each invention for which it is unable to assign rights to UTHSA.

9. HIPAA. The _______________ Provider shall be responsible for full compliance with all applicable HIPAA regulations. The _______________ Provider shall collect, use, and disclose Protected Health Information, as defined in the HIPAA regulations. The Business Associate Agreement (BAA) agreement terms and conditions attached hereto as Attachment D are incorporated herein and must be signed and executed for non-covered entities. Covered entities are not required to execute Attachment D, but must mark they are a HIPPA covered entity in Attachment D. In the event of conflict between this agreement and Attachment D, Attachment D supersedes for all issues regarding Protected Health Information as defined in the BAA.

10. Liability and Insurance. Each party shall be responsible for its own negligent acts or omissions and the negligent acts or omissions of its employees, agents, officers, or directors, to the extent allowed by law. _______________ Provider represents and certifies that it and its employees are covered by sufficient malpractice and general liability insurance, or program of self-insurance to fully perform their responsibilities hereunder.

11. Debarment. The _______________ Provider certifies that it has not been debarred under the provisions of the Generic Drug Enforcement Act of 1992, or other applicable government regulations and _______________ Provider represents that, to the best of its knowledge after reasonable inquiry, its employees are not and have never been so debarred and that it will not use in any capacity, in connection with the services to be performed under this Agreement, any individual who has been so debarred.

12. Federal Funding. This Agreement is made with federal funds awarded to _______________

Provider, the following provisions are made a part of this Agreement, as applicable:

a. Equal Employment Opportunity. _______________ Provider agrees to comply with E.O.

11246, “Equal Employment Opportunity,” as amended by E.E. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

b. Copeland “Anti-kickback” Act (18 U.S.C. 874 and U.S.C. 276c). The _______________ Provider will comply with Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Par 3, “Contractors and Sub-contractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient will be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. _______________ Provider is bound to report all suspected or reported violations to the federal awarding agency.

c. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7). The _______________ Provider will comply with the Davis-Bacon Act (40 U.S.C. 276a- to a-7) as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors will be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors will be required to pay wages not less than once a week. Should the Davis- Bacon Act apply to this Agreement, this Contract is conditioned upon the acceptance by the _______________ Provider of the wage determination.

_______________ Provider is bound to report all suspected or reported violations to the federal awarding agency.

d. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended. The _______________ Provider agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.). University is bound to report violations to the federal awarding agency and the Regional Office of the Environmental Protection Agency.

e. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The _______________ Provider is required to file the required Anti-Lobbying Certification certifying that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. 1352.

f. EEOC and Veterans. The _______________ Provider shall abide by the requirements of 41 CFR §§ 60- 1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and _______________ Provider’s take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

13. Independent Contractor. The _______________ Provider’s relationship to UTHSA under this Agreement shall be that of an independent contractor and not an agent, joint venture, or partner of UTHSA and, as such, no employees, staff, or agents of the _______________ Provider shall be entitled to any benefits applicable to employees of UTHSA.

14. Boycotting Israel. Pursuant to Chapter 2271, Texas Government Code, _______________

Provider certifies it (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. _______________ Provider acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

15. Ethics Matters, No Financial Interest. _______________ Provider and its employees, agents, representatives and subcontractors have read and understand UTHSA Conflicts of Interest Policy, UTHSA’s Standards of Conduct Guide at https://www.utsystem.edu/documents/docs/policies-rules/ut-system-administration- standards-conduct-guide, and applicable state ethics laws and rules available at https://www.utsystem.edu/offices/systemwide-compliance/ethics. Neither _______________ Provider nor its employees, agents, representatives or subcontractors will assist or cause http://www.utsystem.edu/documents/docs/policies-http://www.utsystem.edu/offices/systemwide-compliance/ethics

UTHSA employees to violate UTHSA’s Conflicts of Interest Policy, provisions described by UTHSA’s Standards of Conduct Guide, or applicable state ethics laws or rules.

_______________ Provider represents and warrants that no member of the Board has a direct or indirect financial interest in the transaction that is the subject of this Agreement.

16. Subcontracting and Assignment. This Agreement may not be subcontracted, assigned or transferred by either party without the prior written consent of the other.

17. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Any alterations, modification, or amendment to this Agreement must be in writing and signed by authorized officials of both parties. No changes in the Statement of Work will be made unless agreed upon by UTHSA and _______________ Provider.

18. Notices. Any notices to be given under these terms and conditions unless otherwise stated shall be submitted as follows:

To UTHSA: To _______________ Provider:

For Technical Matters: For Technical Matters:

Cynthia Blaylock Senior Director, Be Well Texas The University of Texas Health Science Center at San Antonio 5109 Medical Drive San Antonio, TX 78229 210-450-7119 blaylockc@uthscsa.edu

For Business Matters: For Business Matters:

Chris G. Green, CPA AVP, Sponsored Programs The University of Texas Health Science Center at San Antonio 7703 Floyd Curl Drive, MSC San Antonio, TX 78229-3900 210-567-2340 grants@uthscsa.edu

The parties hereby accept and agree to this Agreement.

By:

Chris G. Green, CPA Assistant Vice President, Sponsored Programs

Date:

Name:

Title:

Date:

mailto:blaylockc@uthscsa.edu mailto:grants@uthscsa.edu

Attachments:

A. Statement of Work (SOW) B. Budget C. Sample Invoice D. Business Associate Agreement (BAA) E. Data Use Agreement (DUA) F. Qualified Services Organization Agreement (QSOA)

ATTACHMENT A

SCOPE OF GRANT PROJECT

PSR-YRC

I. PURPOSE

To increase the prevalence and quality of long-term recovery from substance use disorders (SUD) in youth ages 13-21 by enhancing quality of life, resiliency, and increased social contribution connections through sustained engagement in long-term Recovery Support Services (RSS) provided by Youth Recovery Community programs in metropolitan, rural, border, and tribal areas in Texas.

Youth Recovery Community (YRC) programs will be delivered by organizations through the adoption of recovery values and principles, evidence-based practices, and the utilization of the peer workforce. Provider will establish effective linkages between other community-based organizations and recovery support organizations, YRC programs, SUD treatment programs, Independent School Districts, and other sources of support within the community.

II. GOAL

Provider shall develop and implement Youth Recovery Community (YRC) programs in Texas to achieve the following goals:

A. Incorporate a recovery-oriented approach into treatment services through the inclusion of peer support.

B. Support a recovery-oriented workforce that can successfully deliver RSS for youth that enhances individuals’ efforts to initiate and sustain recovery.

C. Expand the availability and quality of recovery-oriented supports and services across the state.

D. Expand the availability and quality of YRC programs across the state.

E. Establish effective linkages between treatment, peer-run recovery community organizations, and other community-based organizations.

III. TARGET POPULATION

Youth ages 13-21 at-risk or with a history of SUD, including those with co-occurring mental health disorders, who are in or seeking recovery, along with their legal guardian(s), family members, significant others, and/or supportive allies. This population includes youth who have not received SUD treatment but who are seeking recovery through peer support and recovery support services.

IV. SERVICE AREA

Provider will provide services to the SECTION III. TARGET POPULATION in the HHS health region and counties documented, as follows:

Region: Statewide

To review counties within an HHS health region, refer to the below link for a list of counties within a region: https://www.hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

V. PROVIDER RESPONSIBILITIES

Provider’s administrative responsibilities are documented as follows:

https://www.hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

A. Provider must adhere to the HHSC Brand Guidelines for all communications. The HHSC Brand

Guidelines provide a guide for all HHSC-funded projects to ensure brand consistency. Provider may apply for an exception to be approved by System Agency, but at a minimum Provider shall utilize the approved voice, tone and logo described in the HHSC Brand Guidelines. The HHSC Brand Guidelines will be provided by System Agency.

B. Provider shall ensure all project materials include the following attribution statement: “This project is a public health initiative operated by the Texas Health and Human Services Commission through federal funding from the Substance Abuse and Mental Health Services Administration grant award number – [insert grant number].” The grant award number will be provided by System Agency.

C. Provider shall ensure all presentation and training materials include the following disclaimer statement: “The views expressed do not necessarily reflect the official policies of the Department of Health and Human Services or Texas Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. or Texas Government.”

D. System Agency may facilitate periodic teleconferences with the Provider to review project deliverables and discuss issues or concerns regarding implementation of the project. The Provider shall ensure that project manager, program management, and financial staff assigned to this project attend the meetings.

E. Provider must develop and submit a monthly Performance Measures report to determine best practices and sustainability of YRC programs and infrastructure in Texas and other measures as may be required or requested by System Agency. The performance measures report shall be submitted to System Agency in accordance with deadlines in SECTION X, REPORTING AND

SUBMISSION REQUIREMENTS.

F. Provider must ensure awareness of the applicable state/federal laws and regulations as applicable and required by this contract.

G. Provider must ensure that all YRC provider staff members complete the required CMBHS system trainings prior to service delivery.

H. Provider must ensure services and certification are aligned with applicable rules adopted by the System Agency related to Peer Specialist Services and published in Texas Administrative Code, Chapter 354, Subchapter N, Peer Specialist Services.

I. Provider must not deny access to services based on age (as appropriate for YRC), race, religion, gender, mental health, substance use, disability (including chronic illness and medical conditions), pregnancy or HIV, or the inability to pay for services.

https://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=354&sch=N

J. Provider must comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Provider to report child abuse.

K. Develop, implement, and enforce a written policy that includes at a minimum the System Agency’s Child Abuse Screening, Documenting, and Reporting Policy for Providers and train all staff on reporting requirements.

1. Report Child Abuse through this link: www.TxAbuseHotline.org as required by the System Agency.

2. Retain reporting documentation on site and make it available for inspection by the System Agency

L. At System Agency discretion, Provider shall coordinate services with System Agency-identified stakeholders to improve access to the continuum of services offered by the System Agency.

Coordination may include, but is not limited to, scheduled meetings, collaboration on related initiatives, and service referrals.

M. Provider shall develop and submit a YRC Sustainability Plan each fiscal year to ensure the long-term viability of grant outcomes. The plan should document how progress towards project goals will continue beyond the funding cycle. The plan will include at minimum:

1. The changes to systems, policies, and procedures that will enable progress towards project outcomes to continue beyond the funding cycle.

2. The program activities that will be maintained and/or begin after the contract ends as well as the performing entities responsible for those activities.

3. How community partners and stakeholders will be engaged and supported to advance progress towards project goals.

VI. YOUTH RECOVERY COMMUNITY PROGRAM REQUIREMENTS

Provider shall comply with the requirements below:

A. Provide recovery supports to youth ages 13-21 at risk or with a history of SUD, including those with co-occurring mental health disorders, who are in or seeking recovery, along with their family members, significant others, and/or supportive allies. This program includes youth who have not received SUD treatment.

B. Youth ages 11-12 may participate with written permission from System Agency.

C. Provide a wide array of non-clinical services and supports that help individuals to initiate and sustain their recovery using non-clinical recovery supports. These services and supports must include social events and activities (e.g., recovery support groups, family support groups, alcohol and drug free dances, organized sport events, therapeutic outdoor activities, community projects, or dinners that promote prosocial behaviors).

a. Overnight program activities and/or out of state travel and lodging for program participants or YRC program staff is not allowable.

https://www.txabusehotline.org/

b. YRC related activities must remain in the service area.

D. Youth Recovery Communities are designed to be in alignment with SAMHSA Working Definition of Recovery and are distinct from 12 Step Alternative peer groups (APG) need system agency approval and may need to modify APG program requirements.

E. Obtain written consent from parent and or legal guardian before engaging youth and/or enrolling into recovery support services. System Agency requires the written consent to be documented in CMBHS prior to services beginning with a youth.

F. Provider shall maintain a physical location that is easily accessible to the public, including individuals with disabilities. Sub-contractors shall display visible signage at all building sites and entrances indicating the organization’s name, contact information, hours of operation, and services provided. This information must be current and listed on all social media platforms, websites, and any public-facing materials associated with the organization. The program is designed for in-person service delivery, with virtual and telephonic services intended to supplement and support in-person services, not replace them.

G. Provider shall ensure certified peer specialists and family partners are available a minimum of five days-per-week to include flexible service hours based on the needs of youth and families participating in services.

a. Ensure services are available during weekend hours and that emergency support is available after-hours via telephone support by YRC staff , Certified Peer Specialist(s) or family partners.

b. Provide extended hours that include high-risk times for youth populations. (e.g., Friday and Saturday evenings between 2:00 PM and 10:00 PM).

H. Prohibit interactions between youth and adult participants in all related recovery support services.

I. Ensure participants have access to a diverse menu of YRC services to include:

a. Recovery support groups: group activities designed to provide the participant with positive emotional support to assist with dealing with daily and personal life issues, to aid in understanding of the recovery process, and to support the participant’s path to recovery.

b. Structured therapeutic activities based on the needs of the participants. Activities may include games that are age appropriate and promote prosocial negotiation skills.

c. Employment and housing, if appropriate and needed

d. Vocational training, if appropriate

e. Education assistance (e.g., tutoring, GED preparation)

f. Transportation assistance

g. Recovery coaching

J. Provider shall incorporate recovery-oriented values and principles into recovery support services as outlined in the with SAMHSA Working Definition of Recovery.

K. Provider shall work collaboratively with Outreach, Screening, Assessment, and Referral (OSAR) https://library.samhsa.gov/sites/default/files/pep12-recdef.pdf in the local service area and provide referral services to all participants to support recovery, which may include prevention, intervention and/or treatment services. System Agency funded OSARs can be found at this link: The System Agency funded OSAR’s are located at the following link: HHSC Outreach, Screening, Assessment and Referral.

L. Provider shall work collaboratively with Pregnant and Parenting Intervention (PPI) and Parenting Awareness & Drug Risk Education (PADRE) programs in the local service area to support parent-child bonding and reunification through community-based intervention outreach services and evidenced-based education to improve outcomes for families affected by substance use.

M. Provider shall work collaboratively with the Texas Workforce Solutions to refer participants for vocational rehabilitation services that support people with disabilities to prepare for, obtain, maintain, and advance in meaningful employment by providing a range of services based on an individual’s employment goals. https://www.twc.texas.gov/jobseekers/vocational- rehabilitation-services.

N. Provider shall adhere to all guidelines provided by System Agency and System Agency-funded technical assistance and evaluation for YRC.

O. Provider shall deliver RSS services informed by SAMHAs guidance on recovery and recovery supports found at https://www.samhsa.gov/find-help/recovery.

P. Provider shall ensure program directors, supervisors, and certified peer specialists and family partner participate in programmatic technical support conference calls as scheduled by System Agency. Provider’s executive management may participate in the conference calls, but program directors must participate unless otherwise agreed to in writing by System Agency.

Q. Provider shall ensure its own administrative staff (executive director and/or program director) and at least two direct-paid staff (consisting of at least one peer specialist supervisor, certified peer specialist and family partner) attend in person programmatic trainings held in Austin, Texas.

1. Provider will include travel, per diem, and lodging expenses, including registration fees, in Provider’s categorical budget.

2. Provider will be required to attend a minimum of one in-person YRC training. Training dates, times, and location will be determined by the System Agency. Required attendance at training will be completed by August 31st of each fiscal year covered by this contract.

3. Provider will participate in virtual programmatic trainings if in-person trainings are not feasible due to unforeseen restrictions.

R. Provider shall maintain all documents that require participant, staff, or volunteer signature in the participants’ physical record for review by Provider staff.

S. Provider shall develop and maintain written policies and procedures for employees and volunteers who work directly or indirectly with participants, family members, and supportive allies.

T. Provider shall have written job descriptions for employees and volunteers maintained in their https://www.hhs.texas.gov/services/mental-health-substance-use/mental-health-substance-use-resources/outreach-screening-assessment-referral https://www.hhs.texas.gov/services/mental-health-substance-use/adult-substance-use/pregnant-parenting-intervention https://www.twc.texas.gov/jobseekers/vocational-rehabilitation-services https://www.twc.texas.gov/jobseekers/vocational-rehabilitation-services https://www.twc.texas.gov/jobseekers/vocational-rehabilitation-services https://www.samhsa.gov/find-help/recovery personnel file and make available for Provider review.

U. Provider shall maintain current written operational policies and procedures on file and available for review by Provider.

V. Provider shall ensure policies and procedures address participant safety and ensure all activities with participants, family members, and supportive allies are conducted in a respectful, non-threatening, non-judgmental, and confidential manner.

W. Provider shall report information fairly, professionally, and accurately when providing recovery services, documenting services and contacts, and when communicating with other professionals, Provider staff, and community-based organizations. Identify and revise the organizations’ policies and procedures that are inconsistent with recovery processes. Sub- contractor’s written policies and procedures will be aligned with a recovery management orientation.

X. Provider shall establish and maintain working linkages through Memorandums of Understanding

(MOUs) with a resource network of community and social service agencies serving or having an interest in the target population. MOUs will encourage networking, coordination, and referrals to help address the needs of the participants, their families, and supportive allies. MOUs will be in place within six months of the initiation of the contract. Provider will maintain copies of the signed MOUs on file for System Agency review upon request.

1. All MOUs will include:

a. Partnership vision

b. Purpose and concept

c. Partnership goals and desired outcomes

d. Description of participating organizations

e. Methods of partnership roles and responsibilities

f. Address the non-duplication of services

g. Be signed by both parties

h. Contain beginning and end dates

i. Be reviewed annually

2. MOUs may include the following entities:

a. System Agency-funded substance use disorder treatment providers;

https://txdshsea.maps.arcgis.com/apps/webappviewer/index.html?id=f2fb359d9a4 249f289cd8d241c3b78de.

b. Recovery Support Services providers

c. Youth Recovery Community programs

d. Youth Peer Run Crisis Respite programs (if available)

e. Independent School Districts

f. Texas Alliance of Boys and Girls Clubs local affiliates

g. YMCAs

h. Recovery Residences

i. Texas Juvenile Justice Department https://txdshsea.maps.arcgis.com/apps/webappviewer/index.html?id=f2fb359d9a4249f289cd8d241c3b78de https://txdshsea.maps.arcgis.com/apps/webappviewer/index.html?id=f2fb359d9a4249f289cd8d241c3b78de

j. Probation and Parole Supervision offices

k. State Hospitals

l. Emergency Departments

m. LMHAs and LBHA

n. Other community social service agencies that may provide support services to participants in this target population.

Y. Provider shall have on file a community recovery and support services resource directory that contains current information to include location, contact information, services offered, days and hours of operation, and eligibility criteria.

Z. Provider shall ensure use of recovery-oriented, person-first language and service delivery that reflects recovery.

AA. Provider shall ensure that all participant materials are available in both Spanish and English formats and in other languages as determined by the Provider and the needs of the population being served.

BB. Provider shall provide training and technical assistance to staff members on the following topics: recovery, recovery pathways, recovery resources, and cultures.

CC. Provider shall have a written policy for the use of Sub-contractor’s designated vehicle(s) to transport participant, family members, or supportive allies to referral services. If the Provider allows the use of vehicle(s) or staff’s personal vehicle to transport participants, family members, or supportive allies to referral services, it shall adopt transportation procedures that include the following:

1. Vehicle(s) used to transport participant, family members, or supportive allies to referral services shall have appropriate insurance coverage for business or staff’s personal coverage with a current safety inspection sticker and license registration.

2. Vehicle(s) used to transport participants, family members, or supportive allies to referral services shall be maintained in safe driving condition.

3. Drivers shall have a valid driver's license.

4. Use of tobacco products is prohibited in all vehicles used for transporting participants, family members, or supportive allies.

VII. YOUTH RECOVERY COMMUNITY PROVIDER PROGRAM STAFF REQUIREMENTS

Provider shall ensure:

A. Ensure that all staff working in the YRC program have the knowledge, skills, and abilities to provide services to youth, as they relate to the individual’s job duties.

B. Demonstrate through documented training, credentials and/or experience that all staff are proficient in areas pertaining to youth services, including but not limited to areas regarding substance use, misuse and substance use disorder treatment specific to youth treatment;

appropriate treatment strategies, including family engagement strategies; and emotional, developmental, and mental health issues for youth.

C. Require program directors, certified peer specialists, certified peer specialist supervisors and family liaison/family partners to complete the Youth and Young Adult Peer Support (YAYPS) within six months of hire. Training must be offered by a System Agency approved Training Entity found at https://www.tcbap.org/page/trainingentities .

D. Ensure that the peer workforce and supervisors of the peer workforce are appropriately trained and have current certification within 6 months of hire.

E. Comply with all applicable rules adopted by system agency related to peer specialist services and published in Title 1, TAC, Part 15, Chapter 354, Subchapter N.

F. Peer Specialists must meet all the following criteria:

1. Be at least 18 years of age

2. Have lived experience with a mental health condition, substance use disorder, or both

3. Have a high school diploma or General Equivalency Diploma (GED)

4. Be willing to appropriately share his or her own recovery story with clients

5. Be able to demonstrate current self-directed recovery

6. Pass criminal history and registry checks as described in 1 TAC §354.3201

G. Peer Specialist Certification:

1. A peer specialist must complete all required training and certification before providing services. To deliver peer specialist services, an individual must first complete required orientation and self-assessment activities as outlined in 1 TAC §354.3155, and then complete a core training delivered by a certified training entity.

2. Upon completion of the core training, supplemental training in one of the two following specialty areas must be completed:

a. Mental health peer specialist.

b. Recovery support peer specialist.

c. A person may apply for initial certification after successful completion of core and supplemental training and a knowledge assessment.

d. A peer specialist who is initially certified may begin to deliver Medicaid-covered services

(if applicable) while participating in a supervised internship at their place of employment.

The internship consists of 250 hours of supervised work experience that should be completed within a 6-month period. An extension may be granted by the certification entity should a peer be unable to complete the required hours within the 6-month timeframe.

e. A peer specialist may be employed under an intern designation if certification is not immediately obtainable, provided that the employment receives approval from both the system agency and the executive director of the organization.

f. Training and Certification information can be accessed at www.tcb.org and https://www.tcbap.org/page/trainingentities http://www.tcb.org/ www.peerforce.org.

H. Supervision of peer specialists:

1. An organization in which peer specialists deliver services must provide supervision for peer specialists. Peer specialist supervision must be provided by one of the following:

a. Qualified Credentialed Counselor (QCC) as defined in 1 TAC §354.3003

b. Licensed Practitioner of the Healing Arts (LPHA) as defined in 1 TAC §354.3003 A. Qualified Mental Health Professional (QMHP) as defined in 1 TAC §354.3003, with a QCC or LPHA supervising the QMHP B. Qualified Peer Supervisor (QPS) as defined in 1 TAC §354.3003, with a QCC or

LPHA supervising the QPS

2. Peer specialist supervision must focus on a peer specialist’s provision of services, including review of cases and activities, skill building, problem resolution, and professional growth.

Supervision may also include aspects specific to the organization, such as following organizational policy or other administrative matters.

3. Peer specialist supervision may be provided as follows:

a. Individually or in a group setting

b. Face-to-face or via teleconference

c. Include observation of the peer specialist providing services

4. Peer specialist supervision must occur at least once weekly for a peer specialist with an initial certification, at least once a month for a peer specialist with a two-year certification, or more frequently at the request of the peer specialist.

5. A QCC or LPHA supervising a QMHP or QPS must provide individual or group supervision at least once a month and conduct an observation of the QMHP or QPS conducting peer specialist supervision at a frequency determined by the QCC or LPHA, based on the QMHP’s or QPS’s skill level.

6. A peer specialist supervisor must successfully complete supervisory training on peer specialist services and the recovery model from a certified training entity before supervising a peer specialist. Supervisor training must include all the following:

a. Clarification of the distinction between peer support and therapy.

b. The unique role of peer support in building and sustaining recovery goals.

c. Advocating for peer specialists and peer specialist services.

d. Providing strengths-based, timely, and respectful feedback about the peer specialist’s job performance.

e. Basic skills in supervising others, such as working with a variety of personality types and communication styles.

7. After completing training, each prospective supervisor must successfully complete a http://www.peerforce.org/ knowledge assessment before a certified training entity approves him or her to supervise certified peer specialists. Peer specialist supervisor certification must be renewed every two years, including any required continuing education hours.

8. Training and Certification information can be accessed at www.tcb.org and www.peerforce.org.

I. Certified Family Partners (CFP) services include conducting support groups; participating in wraparound services; giving one-on-one support, conducting face to face contact guidance meetings; and helping families navigate systems including juvenile justice, Child Protective Services, independent school districts, Social Security Administration, Snap program, food banks and other community resources. CFPs must meet all the following criteria:

1. 18 years of age or older;

2. Have a high school diploma or General Equivalency Diploma (GED)

3. Have at least one year of personal experience as a parent or Legally Authorized Guardian

(LAR) raising a child or youth with serious emotional disturbance, mental illness or behavioral health challenges.

4. Have at least one year of personal experience as a parent or LAR navigating a child service system (e.g. mental health, juvenile justice, social security, or special education)

5. Has successfully completed and passed the HHSC approved certification process.

6. Training and Certification information can be accessed at www.tcb.org and www.peerforce.org.

J. Adherence to the following criminal background verification requirements for all employees or volunteers:

1. Prior to employment, based on sub-contractor policy, conduct and document criminal background checks and pre-employment drug testing of Provider’s potential employees and/or subgrantees who will conduct recovery activities and/or have direct contact with participants, significant others, or other supportive allies.

2. Prior to volunteering, conduct and document criminal background checks and drug testing of Provider’s volunteers who will conduct recovery activities and/or have direct contact with participants, significant others, or other supportive allies.

3. Conduct annual criminal background checks for Provider’s current staff, subgrantees, and volunteers who will conduct recovery activities and/or have direct contact with participants, significant others, or other supportive allies.

4. Develop and maintain current written policies and procedures addressing the requirements for criminal background checks as a condition for employment of potential employees, subgrantees, or volunteers who work directly or with participants, significant others, or other supportive allies.

5. Reference the TAC §354.3201 to inform the development of written policies and procedures related to employing certified peer specialists and certified peer specialist supervisors.

http://www.tcb.org/ http://www.peerforce.org/ http://www.tcb.org/ http://www.peerforce.org/ https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=354&sch=N&div=6&rl=Y

6. Develop and maintain current written policies and procedures that require individuals (staff, subgrantees, and volunteers) to notify Provider of an arrest, conviction, investigation, or any other legal involvement.

7. Maintain documentation of each notification of arrest, conviction, investigation, or any other legal involvement on file and make available to Provider for review upon request; and

8. Maintain documentation of each criminal background check and drug testing on file and make available to Provider for review upon request.

VIII. GUIDANCE ON ALLOWABLE EXPENDITURES FOR INCENTIVES

A. Youth Recovery Community Incentive and Allowable Activities

1. Provider shall ensure that the total cost of incentives and alternative activities does not exceed five percent (5%) of the total funding for the respective budget period. If an incentive or alternative activity is not described in this Scope of Project, Provider shall contact System Agency for prior approval before implementation of the activity. Refer to ATTACHMENT A-2 RSS ALLOWABLE EXPENSES for a complete guide to eligible expenses. The following list is not exhaustive.

2. Cash payments are not allowable as support or assistance that is provided directly to an RSS or YRC program participant or family member. Payments must be paid to the vendor providing the service.

3. Fees for fitness center, gym, or related fitness or recreational organization membership fees or equipment are ineligible.

4. Payments for nationally or state certified and/or licensed recovery housing only. This includes peer respite centers, temporary housing assistance, deposits, and assistance with utilities as deemed appropriate and allowable.

5. Transportation assistance provides funding to an approved transportation vendor that is authorized by a Provider or subrecipient agency for a limited defined fee payment agreement.

Funding is limited to no more than four (4) RSS community events per participant per month, for a bus pass, a taxicab voucher, or a Lyft or Uber charge. RSS transportation fees are required to be authorized as necessary as determined by the Provider or subrecipient agency for an RSS participant to receive RSS offered in the community, for a period of no more than one (1) calendar year.

6. RSS Childcare Fee or Family Caregiver Fee provides funding to an approved childcare or adult care vendor that is authorized by a Provider or subrecipient agency for a limited defined fee payment agreement. No more than four (4) RSS community events per participant per month are eligible for reimbursement. Licensed Childcare and Adult Care Providers are required to obtain approval for childcare and adult care fees for RSS participants who are receiving services in the community, for a period of not more than one (1) calendar year.

7. As authorized under Section 1003 of the 21st Century Cures Act to support recovery and https://www.congress.gov/bill/114th-congress/house-bill/34 reduce the number of opioid and stimulant-related deaths, sub- contractor may provide Participants identification and disposal materials, reversal toolkits, and harm- and risk-reduction materials/toolkits.

8. Training to certify peer specialists and peer supervisors in accordance with Title 1, Chapter 354, Subchapter N of the Texas Administrative Code (TAC) is an eligible expense under this contract.

IX. QUALITY MANAGEMENT (QM) MONITORING

Provider Quality Management (QM) Monitoring Responsibilities are as follows:

A. Develop policies and procedures on quality management that meet the requirements of 26 TAC §564.504, oversight and monitoring, that must at a minimum include the following:

1. How the Provider determines which providers to schedule monitoring reviews;

2. How to conduct a monitoring review;

3. How to document a monitoring review;

4. Reporting requirements of providers;

5. Follow-up monitoring based on the provider’s individual findings;

6. Use of participant satisfaction surveys for oversight purposes; and

7. Liquidated damages or recoupment of funds used to bring providers into compliance.

B. Participate in continuous quality improvement (CQI) activities as defined and scheduled by the System Agency including, but not limited to data verification, performing self-reviews;

submitting self-review results and supporting documentation for the state’s desk reviews;

and participating in the state’s onsite or desk reviews. Participate in and actively pursue CQI activities that support performance and outcomes improvement.

C. Respond to consultation recommendations by System Agency which may include, but are not limited to the following:

1. Staff training;

2. Self-monitoring activities guided by System Agency including use of quality management tools to self- identify compliance issues; and

3. Monitoring of performance reports in the System Agency electronic clinical management system.

X. REPORTING AND SUBMISSION REQUIREMENTS

A. Provider shall use System Agency system to submit all deliverables to CMBHS and/or any alternative method required by System Agency. Provider is required to maintain access to required systems or platforms for the term of this Grant Agreement.

B. Provider shall ensure all email communications include the following information in the subject line: Contract Number and legal entity name.

C. Provider shall collect, maintain, and make available upon request, documentation for all reports required under this Contract as well as documentation of purchased supplies and services.

D. Note that if the due date is on a weekend or holiday, the due date is the following business day.

E. Submitted documents will survive the termination or expiration of this Contract.

F. Submit additional required deliverables for this contract upon request.

G. Respond to requests and provide information and/or data meeting federal and state legislative requirements as requested and within the timelines specified.

H. Monitor performance of the requirements in this Attachment and comply with the Contract’s terms and conditions.

I. Submit all documents listed in the table displayed in this section using the naming conventions provided by the stated due date.

Requirement Report Name Due Date Submission Method

Deliverable Report Name

Section V (7) Subcontractors Performance Measures Report

Each FY; Monthly:

The 15th day of the month following the month being reported

CMBHS FY26 Month Performance Measure

Section V (20) Sustainability Plan Each FY:

October 15th CMBHS FY26 YRC

Sustainability Plan

Attachment A-4

CMBHS Security Attestation Form and list of authorized users

Each FY:

September 15th & March 15th CMBHS

FY26 Sept CMBHS Attestation…