| (a) An approved applicant must enter into a contract
with DARS before being allocated funds. A contract is not fully executed
until it has been signed by DARS and the applicant.
(1) The contract must be signed by an official authorized
to enter into such agreements on behalf of the contractor.
(2) The contract cannot be altered without authorized
officials of both the contractor and DARS providing written approval
before the effective date of the change. In emergency circumstances
as determined by DARS in its sole discretion, the DARS ECI assistant
commissioner may sign and offer a contract amendment to a contractor
and may allow the contractor to accept by performance. DARS ECI may
require a contractor's signature on the amendment before payment for
the amended services.
(3) No payment or advance of funds is made until the
contract is fully executed.
(4) By signing the contract the applicant agrees to
all terms included in the contract and to adherence to state and federal
laws and regulations, and applicable DARS rules, policy, and procedures,
including subsequent amendments.
(5) The contract may be renewed if the contract provides
for renewal, and the contractor meets the renewal criteria in DARS
rules and the contract.
(b) The contract must:
(1) contain provisions requiring the contractor to
comply with applicable requirements in this chapter, including:
(A) state and federal laws and regulations, and applicable
DARS policy and procedures, including subsequent amendments; and
(B) the fiscal requirements for administering, accounting,
auditing, and recovering funds as authorized by the UGCMA, UGMS, the
CFR, and OMB Circulars;
(2) state the contract number of children, when applicable;
(3) authorize DARS to adjust the contract amount as
appropriate;
(4) authorize DARS to impose adverse actions for noncompliance
with contract terms and conditions, state and federal laws and regulations,
and applicable DARS rules, policy, and procedures, including subsequent
amendments in accordance with the provisions of the Human Resources
Code, §73.0051;
(5) incorporate all or part of the application as part
of the contract;
(6) include clearly defined goals, outputs, and measurable
outcomes that directly relate to program objectives; and
(7) contain other provisions required by DARS.
(c) Any modifications resulting from changes in state
or federal laws and regulations or judicial interpretation of laws
and regulations that occur during the contract period are automatically
made part of the contract and go into effect on the effective date
of the law, regulation, or judicial interpretation.
(d) DARS assigns the effective date of the contract.
(e) The contract must be concurrent with the state
fiscal year, unless DARS approves the contract for a different period.
(f) The contract must identify the counties in which
the contractor is authorized to perform ECI services. Contractors
that share counties must jointly develop a service area agreement
to serve those counties. This service area agreement must be approved
by DARS.
(1) A request to change the designated service area
must be:
(A) submitted to the DARS ECI assistant commissioner;
and
(B) approved by the DARS ECI assistant commissioner
before implementation.
(2) DARS will not incur additional expenses as a result
of a request to change a service area when the provision of services
is at the same level for the same number of children.
(g) The contract terms and conditions may be amended
by mutual agreement between DARS and the contractor during the contract
period.
(1) Except for reductions to the contract amount based
on applicable contract provisions, the amendment must be in writing
and signed by an authorized official of the contractor and the authorized
DARS representatives. In emergency circumstances as determined by
DARS in its sole discretion, the DARS ECI assistant commissioner may
sign and offer a contract amendment to a contractor and may allow
the contractor to accept by performance. The DARS ECI assistant commissioner
may require a contractor's signature on the amendment before payment
for the amended services. DARS does not pay for the performance of
services or work not authorized by a properly executed contract amendment.
(2) DARS develops a written contract amendment when
contract changes are determined necessary. A contract amendment may
be necessary for reasons including:
(A) sanctions for the contractor's noncompliance or
failure to meet program requirements;
(B) changes in federal or state law that make continued
fulfillment of the contract, on the part of either party, unreasonable
or impossible;
(C) changes to the assigned service area; or
(D) awards or adjustments for other reasons.
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