2100  Eligibility to Contract

Law

Human Resources Code (HRC) Title II, §51.003, Contracts

HRC Title II, §51.004, Contract Bids

HRC Title II, §51.004

HRC Title II, §51.005

Note

To reference HRC, Chapter 51, go to http://tlo2.tlc.state.tx.us/statutes/hr.toc.htm.

Suggested Practice

None

2200  Contract Procurements and Awards

Law

• Texas Administrative Code (TAC) Title 40, Part 1, Chapter 69, Contracted Services
• Government Code, Chapter 2155

Notes

• HHSC follows requirements specified in TAC Title 40, Part 1, Chapter 69, Contracted Services, when it procures contracts for family violence services. To access the TAC, go to http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=1&ch=69.
• To access the Government Code, go to http://tlo2.tlc.state.tx.us/statutes/gv.toc.htm.

2210  New Contractors

Law

• Family Violence Prevention and Services Act (FVPSA), www.naesv.org/Resources/FVPSA.pdf
• HRC, §51.0021

Notes

• For more information regarding new contractors, reference the FVPSA at http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC110".
• HHSC will review all new contract applications and determine contract awards based on the:
  • state of Texas plan for family violence services. The current state of Texas plan is called “Access to Safety, Justice and Opportunity” and can be accessed on the TCFV website at www.tcfv.org.
  • ability of the contractors to provide the mandated services.
  • availability of state and federal funds.

2220  Contract Renewal for Current Contractors

Notes

• HHSC will send contract renewal packets to each shelter center before the end of the fiscal year to maintain provision of services.
• For more information about contract renewal requirements, go to the HHSC Family Violence Program contract, Article 3, Section 3.05(a)-(d) and Article 13, Section 13.06(a) and (b).

Suggested Practice

None

2230  Contract Approval Process

Note

All required contract documents must be submitted by the contractor for HHSC approval by the prescribed due date. Upon execution of the contract documents, HHSC Family Violence Program staff will distribute an original executed contract to the contractor.

Suggested Practice

None

2300  Funding

Law

• Human Resources Code Title II, §51.003(a) Contracts
• §379.1601 Primary Services to an Unserved or Underserved Population
• §379.1602 Special Project Contract

Notes

• The center may apply for a special project contract; however, the proposed services cannot be the same as those for the nonresidential center contract.
• If a center’s purpose is to provide services to a particular population, it must have a plan for providing services to otherwise eligible victims who are not members of the targeted population. This plan may include referrals; however, if an appropriate referral cannot be made, the center must provide the requested services.
• The Family Violence Program is a program within HHSC that uses state and federal funds for nonresidential center contracts. The contract period is 12 months, beginning and ending with the state fiscal year.
• The funding allocation formula is recommended every two years by an allocations committee, convened by TCFV, which is representative of family violence providers statewide. HHSC reviews and approves the allocation formula used each year.
• For more information about obtaining HHSC Family Violence Program funding, see the program website at www.hhsc.state.tx.us/programs/familyviolence/index.shtml.

2310  Level of Funding Scale

Law

Human Resources Code Title II, §51.003(a)

The department shall develop a declining scale of state financial support for family violence nonresidential centers, declining over a six-year period from the initiation of each individual contract, with no more than 50 percent of a family violence nonresidential center program's funding to be provided by the state after the sixth year. The balance each year shall be provided from other sources. For more information, go to http://tlo2.tlc.state.tx.us/statutes/hr.toc.htm.

Notes

• For more information on annual operating budgets, see Section 3000, Fiscal Management.
• For more information about HHSC level of funding scale requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06 (h).

Suggested Practice

None

2320  Waiver or Variance

Law

Human Resources Code Title II, §51.003(a)

The department may adopt rules that will allow exceptions to the scale in individual instances when a family violence center shall demonstrate that exigent circumstances require such a waiver.

• §379.1604 Funding Waivers
• §379.1605 Requesting a Variance or Waiver
• §379.1606 More than one Funding Percentage Waiver

Notes

• The HHSC Family Violence Program will review the waiver request and make a determination.
• For more information about amending nonresidential center contracts, see the HHSC Family Violence Program contract, Article 13, Section 13.06(i).

2400  Contract Requirements

2410  Outcome Measures

Law

Government Performance Results Act of 1993 requires state agencies to have outcome measures for all their programs.

Notes

• For more information regarding the Government Performance Results Act of 1993, go to www.whitehouse.gov/omb/mgmt-gpra/gplaw2m.html.
• An outcome is a statement reflecting measurable changes brought about by program efforts.
• In order to assess the Family Violence Program's overall statewide performance in relation to outcomes, HHSC implemented basic standardized outcomes starting in fiscal year 2004. HHSC developed these outcomes in close collaboration with TCFV staff and its Program Policy Committee and based them on a review of current contractor outcomes and research on national family violence outcomes.
  • A sample survey is available for use by centers to obtain data for the standardized outcome measures. Contact the HHSC Family Violence Program to obtain a copy of the survey, which is available in English and Spanish.
  • In addition to the required outcomes, the center may develop and measure outcomes more specific to its program and community needs.

Suggested Practice

Though the center can collect outcome data by the method it determines is best, it is recommended that the center not link any of the information collected to identifiable resident, nonresident or program participant records.

2420  Contract Amendments

Note

For more information about contract amendment requirements, see the HHSC Family Violence Program contract, Article 7 and Article 13, Section 13.06(b).

Suggested Practice

None

2430  Budget Revision

Note

For more information about budget revisions requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(j).

2440  Subcontracts

Note

For more information about subcontract requirements, see the HHSC Family Violence Program contract, Article 13, Section 13.06(k).

Suggested Practice

None

2500  Documentation

Notes

For more information about documentation requirements, see:

• Section 6000, Program Administration; and
• HHSC Family Violence Program contract, Article 13, Section13.06(c) and (d).

Written staff-to-staff communications are not considered HHSC-related documents and therefore do not have to be kept for HHSC monitoring purposes.

Suggested Practices

• Before donating or disposing of computers that store client information (for example, ITS data), the shelter center should physically remove and destroy each computer's hard drive.
• If a computer that stores client information is reassigned to someone else within the organization that doesn't need access to the information, reformat the hard drive and contact HHSC or the state coalition for further security steps.
• For confidentiality and security reasons, the shelter center should have an inventory system that tracks the location history of all computers. The organization should address this inventory system in its electronic retention/destruction policy and procedures.

2600  Internal Monitoring System

Law

§379.1603 Internal Monitoring System

Notes

• An internal monitoring system contains the plan of the organization and all of the coordinated methods and measures adopted by management to safeguard assets, ensure the accuracy and reliability of accounting data, quality of services and other information, and maintain adherence to prescribed policies.
• HHSC staff may discuss the center’s internal monitoring system with nonresidential center staff during monitoring visits.
• As part of your internal monitoring system, HHSC requires that center staff have access to the HHSC Family Violence Program manual at all center locations. This manual can be accessed online at www.dads.state.tx.us/handbooks/fvp-ncpm/. For more information about this requirement, see the HHSC Family Violence Program contract Article 13, Section 13.06(g).

Suggested Practices

It is recommended that the internal monitoring system designate the:

• staff responsible for internal monitoring;
• process by which program, fiscal and administrative compliance will be reviewed;
• frequency of internal monitoring; and
• process for implementing corrective action as needed.

2700  Contract Monitoring and Evaluation

Notes

• For more information about contract monitoring and evaluation requirements, go to the HHSC Family Violence Program contract, Article 13, Section 13.06(e).
• HHSC develops an annual monitoring plan and schedule based on a risk assessment of all HHSC-funded family violence contractors. Every HHSC contractor will be monitored at least once over each biennium.
• HHSC Family Violence Program on-site monitoring includes assessing compliance with:
  • the contract terms and conditions;
  • the plan of operation, including analysis of projected outcomes;
  • HHSC rules and required services, including a sample of client case records chosen from ITS records for the test month;
  • relevant state and federal laws and regulations;
  • the Office Management Budget Circular A-122. To reference the circulars, go to www.whitehouse.gov/omb/circulars_a122_2004/; and
  • the Uniform Grant and Contract Management Standards (UGCMS). To reference the UGCMS, go to http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.007.00.000783.00.htm.
• HHSC will send a written report of on-site monitoring visits to the shelter center within 20 business days that describes:
  • findings, if any, from the monitoring visit; and
  • corrective actions, required recommendations and/or other suggested recommendations, if any, to be taken by the center.
• In addition to monitoring visits, HHSC evaluates contractors’ compliance with reporting requirements and meeting deadlines on an ongoing basis.
• HHSC Family Violence Program staff receive training on the same family violence issues that are required by rule in the orientation and initial training for all center staff. See §379.404, New Employee Orientation and Training, for more information about the required topics.

Suggested Practice

None

2710  Responses to Monitoring Reports

Notes

• For more information about the center’s requirements regarding responses to monitoring reports, see the HHSC Family Violence Program contract, Article 13, Section 13.06(f).
• For more information about non-compliance with rules, see the HHSC Family Violence Program contract, Article 13, Section 13.06(m).
• After the initial written response deadline of 30 days, follow-up responses from the center may be required. If the shelter center does not address all problems or findings by specified due dates identified by the HHSC Family Violence Program staff, fiscal sanctions may be imposed.

Suggested Practice

None

2800  Changes in Corporate Control

Notes

• HHSC defines change in corporate control as a transfer of a center from one nonprofit organization to another.
• For more information about what the center must do if it changes its corporate control, see the HHSC Family Violence Program contract, Article 13, Section 13.06(l).

Suggested Practice

None

2900  Contract Benefits

2910  Access to State Surplus Property

Notes

• Entities contracting with HHSC may be eligible to acquire state surplus property.
• Nonprofit organizations providing educational, health and human services assistance are automatically allowed to participate in the program. They are required to show proof of their tax-exempt status when they pick up the surplus property. A copy of a letter from the Internal Revenue Service indicating their non-profit status or a letter from the Texas Comptroller of Public Accounts granting tax-exempt status constitutes acceptable documentation.
• Certain for-profit and faith-based assistance organizations that have client service contracts or non-financial client service agreements, such as memorandums of understanding, with HHSC are eligible to participate in the Texas Surplus Property Program. Participation is dependent upon eligible entities having a valid certification letter from HHSC, and turning in a copy of that letter when they pick up the surplus property.
• Individuals, including sole proprietors, are excluded from participation.
• For more information, contact the Texas Facilities Commission (TFC), which runs the Texas Surplus Property Program. Groups wanting information about the program, and/or how to receive lists of available surplus property, should contact the TFC surplus property coordinator at 512-463-3381, or by mail at :
  
  Texas Facilities Commission
  State Surplus Coordinator
  P.O. Box 13047
  Austin, TX 78711-3047
  www.tfc.state.tx.us/communities/supportserv/prog/statesurplus