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Case 3:15-cv-03851-N Document Filed 12/02/15 THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT TEXAS
DALLAS DIVISION
TEXAS HEALTH AND HUMAN
SERVICES COMMISSION
Plaintiff,
3:15-cv-3851
CIVIL ACTION NO. ______________
UNITED STATES AMERICA,
UNITED STATES DEPARTMENT STATE, JOHN KERRY his
Official Capacity SECRETARY
STATE, UNITED STATES
DEPARTMENT HEALTH
HUMAN SERVICES,
SYLVIA BURWELL, her Official
Capacity SECRETARY
HEALTH AND HUMAN SERVICES,
OFFICE REFUGEE
RESETTLEMENT, ROBERT CAREY, his Official Capacity Director the OFFICE REFUGEE
RESETTLEMENT, and
INTERNATIONAL RESCUE
COMMITTEE, INC.
Defendants.
PLAINTIFF VERIFIED ORIGINAL COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF AND APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION THE HONORABLE JUDGE SAID COURT:
The Texas Health and Human Services Commission Commission
HHSC seeks declaratory and injunctive relief against the United States
America, United States Department State State Department John Kerry,
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
his official capacity Secretary State, United States Department Health and
Human Services Department Sylvia Burwell her official capacity Secretary Health and Human Services, Office Refugee Resettlement ORR Robert
Carey, his official capacity Director the Office Refugee Resettlement
(collectively,
Federal
Defendants
and
International
Rescue
Committee Committee regarding the Federal Defendants and Committee actions
resettling refugees Texas without consulting with Texas working close
cooperation with the Commission required federal law and contracts with the
Committee.
PARTIES
Plaintiff the Texas Health and Human Services Commission. The
Commission the sole State agency responsible for the development and
administration refugee resettlement services Texas. For purposes this suit,
the Commission represents the interests the State Texas.
Defendants are the United States America, United States
Department State, John Kerry, his official capacity Secretary State, United
States Department Health and Human Services, Sylvia Burwell her official
capacity Secretary Health and Human Services, Office Refugee Resettlement,
Robert Carey, his official capacity Director the Office Refugee Resettlement,
and International Rescue Committee the International Rescue Committee, Inc.
II.
JURISDICTION AND VENUE
This Court has jurisdiction pursuant U.S.C. 1331 because this
suit concerns breach statutory requirement under U.S.C. 1522 that the federal
government consult regularly with States concerning the intended distribution
refugees among the States before their placement those States and that local
voluntary agency activities should conducted close cooperation and advance
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
consultation with State governments.
The Plaintiff claims for declaratory and injunctive relief are authorized U.S.C. 2201 and 2202, Rules and the Federal Rules Civil
Procedure, and the general legal and equitable powers this Court.
Venue proper under U.S.C. 1391(b)(2) because substantial part the events giving rise these claims occurred the Northern District Texas.
III.
FACTUAL BACKGROUND
Texas accepts approximately percent all refugees resettled the
United States more than any other State. Texas performs this work partnering
with local volunteer agencies help refugees transition the State and pay for
associated costs.
The Refugee Act 1980 establishes framework for collaboration and
cooperation among the federal government, the States, and local volunteer agencies
such the Committee resettling refugees. Highlighting the role the States
the fact that section 1522 mentions States times. Instead adhering that
statutory framework, the federal government and the Committee have left Texas
uninformed about refugees that could well pose security risk Texans and without
any say the process resettling these refugees.
The Refugee Act 1980 requires that the federal government shall
consult regularly (not less often than quarterly) with State and local governments
and private nonprofit voluntary agencies concerning the sponsorship process and the
intended distribution refugees among the States and localities before their
placement those States and localities. U.S.C. 1522(a)(2)(A) (emphases added).
The Act further requires that, providing refugee assistance local
voluntary agency activities should conducted close cooperation and advance
consultation with State and local governments. Id. 1522(a)(1)(B)(iii) (emphasis
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
added).
10. addition Texas undertaking more than its share the task
resettling refugees than any other State, Texas has the sovereign authority and duty protect the safety its residents. See, e.g., State Richards, 301 S.W.2d 597, 602
(Tex. 1957) general rule the [police] power commensurate with, but does not
exceed, the duty provide for the real needs the people their health, safety,
comfort and convenience Lombardo City Dallas, S.W.2d 475, 479 (Tex.
1934) [T]he police power state embraces regulations designed promote
the public health, the public morals, the public safety. The Texas Legislature
established the Office Immigration and Refugee Affairs the Commission
ensure coordination public and private resources refugee resettlement. TEX.
GOV CODE 752.001, .003.
11. baseline protection for such authority, federal law excludes
refugees who have provided material support terrorists. U.S.C. 1182(a)(3)(B).
Previously, the President admitted less than 100 Syrian refugees per year. The
President announced policy goal admitting 10,000 Syrian refugees this fiscal
year. accomplish this goal, the President granted waiver refugees who
provided material support terrorists if, among other things, the support was
insignificant and the refugee poses danger the safety and security the
United States.
Exercise Authority Under Section 212(d)(3)(B)(i) the
Immigration and Nationality Act, Fed. Reg. 6913 (Feb. 2014).
12.
Members the federal executive branch have expressed concern
regarding this massive expansion refugees from area engulfed fighting with
ISIS. For example, the Director the FBI recently told Congress that the federal
government cannot conduct effective security checks Syrian nationals. Director
Comey testified that can query our databases until the cows come home but
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
nothing will show because have record that person. U.S. House
Representatives Committee Homeland Security, Nation Top Security Officials
Concerns
Refugee
Vetting
(Nov.
19,
2015),
available
https://homeland.house.gov/press/nations-top-security-officials-concerns-on-refugeevetting/.
The Assistant Director the FBI Counterterrorism Division explained
his concern Syria, the lack our footprint the ground Syria, that the
databases won have information need. not that have lack process, that there lack information. U.S. House Representatives Committee
the Judiciary, Goodlatte: Why Does the President Ignore Concerns About Syrian
Refugees? (Oct. 27, 2015), available http://judiciary.house.gov/index.cfm/pressreleases?ID=E0715056-77F0-4D8F-BA14-0FB1C1C4F7B4. The Director National
Intelligence summed the worries these federal counterterrorism experts:
don obviously put past the likes ISIL infiltrate operatives among these
refugees. Nation Top Security Officials Concerns Refugee Vetting, supra.
13. light these concerns with the federal government massively
expanding the admission refugees who have materially supported terrorists, the
Commission sent letter the Committee November asking apprise the
Commission currently had plans resettle Syrian refugees Texas and that
Texas, until further notice, will refuse cooperate with the resettlement any
Syrian refugees Texas. See Ex. The letter copied the Director the Texas
Department Public Safety and the Deputy Director for Homeland Security and
Services the Department Public Safety. Id.
14. phone call between the staff for the Committee and the Commission,
the Committee informed the Commission that intends resettle six Syrian
refugees Dallas, Texas Friday, December
15.
Some news inquiries have questioned whether this resettlement could
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
occur early Thursday, December The Commission requested information
regarding these refugees. The Committee responded that the State Department
informed that the request must through the State Department because the
information not shareable the Committee. The Commission requested the
information expedited fashion from the appropriate federal entity under the State
Department December Ex.
16. letter from the Executive Commissioner the Committee
November asked the Committee contact the Commission November
order work together close cooperation and avoid termination the contract
legal action. Ex. The Committee responded November and expressed
intent communicate with the Commission. Ex.
17. letter the Committee December the Commission asked the
Committee temporarily halt resettlement Syrian refugees Texas until
have receive the requested information and our concerns with screening procedures
have been appropriately addressed. Ex. The letter asked the Committee
confirm 3pm December its intent cooperate with the State. The Committee
responded with its intention continue working with the federal government
resettle Syrians Texas. Ex.
IV.
CLAIMS FOR RELIEF
COUNT
Declaratory Judgment Under U.S.C. 2201-2202 that
the Federal Defendants Have Failed Consult Regularly with Texas
Regarding the Intended Distribution Refugees Texas Before
Placement Texas
18.
The Commission incorporates the allegations contained paragraphs
through fully set forth herein.
19.
The Refugee Act 1980 requires that the federal government shall
consult regularly (not less often than quarterly) with State and local governments
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
and private nonprofit voluntary agencies concerning the sponsorship process and the
intended distribution refugees among the States and localities before their
placement those States and localities. U.S.C. 1522(a)(2)(A) (emphases added).
20.
The Federal Defendants have breached this statutory duty advance
consultation with Texas by: preventing Texas from receiving vital information
assess the security risk posed the refugees advance their arrival, and refusing consult with the State advance placement refugees Texas.
COUNT
Declaratory Judgment Under U.S.C. 2201-2202 that
the Committee Has Failed Contractual Duty Work Close
Cooperation and Advance Consultation with Texas Before Placing
Refugees Texas
21.
The Commission incorporates the allegations contained paragraphs
through fully set forth herein.
22.
The Refugee Act 1980 requires that, providing refugee assistance local voluntary agency activities should conducted close cooperation and
advance consultation with State and local governments. U.S.C. 1522(a)(1)(B)(iii)
(emphasis added).
23.
The Committee local volunteer agency under the meaning the
Refuge Act 1980.
24.
The Commission entered into agreement with the Committee
provide for refugee cash assistance, Ex. (hereinafter Refugee Cash Assistance
Agreement and agreement provide for refugee social services, Ex.
(hereinafter Refugee Social Services Agreement Both contracts were entered into
for good and valuable consideration.
25.
Both contracts require the Committee [p]rovide services [i]n
compliance with this contract and with applicable Federal laws and regulation, state
laws and regulations, and Commission policies including service delivery standards.
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
Ex. Ex. This necessarily includes the requirement the Refugee Act 1980 that the Committee work close cooperation and advance consultation with
the Commission. U.S.C. 1522(a)(1)(B)(iii).
26.
The Committee announced its intent continue work with the
federal government resettle Syrians Texas and following instructions from the
Federal Defendants not provide information the Commission consult with the
Commission advance resettling Syrian refugees Texas.
27.
Additionally, according the cooperation clause the contracts:
The [Committee] must cooperate fully and allow [the Commission] and all
appropriate federal and state agencies their representative access client
records, books, and supporting documents pertaining services provided.
[The Committee] must make documents available reasonable times and for
reasonable periods for the purpose inspection, monitoring, auditing,
evaluating.
Ex. Ex. 11. This Committee conduct failure adhere this
contractual requirement that prevents the State from exercising its police power
protect the safety its residents.
28.
Pursuant the Commission Uniform Terms and Conditions,
incorporated into the contracts reference, Ex. Ex. the Committee:
acknowledges that, [it] breaches (or attempts threatens
breach) its obligations under this Agreement, the State will
irreparably harmed. court competent jurisdiction finds that
[the Committee] breached (or attempted threatened breach) any
such obligations, [the Committee] agrees that any additional findings
irreparable injury other conditions injunctive relief, will not
oppose the entry appropriate order compelling performance [the
Committee] and restraining from any further breaches (or attempted threatened breaches).
Ex. (emphases added).
29.
Accordingly, the Committee has admitted that its actions the
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
instruction the Federal Defendants, the actions fail comply with the contracts,
will cause the State irreparable harm and the appropriate remedy order from
the Court compelling the Committee work close cooperation and advance
consultation with the Commission the resettlement any Syrian refugees and
share its information that the Commission has requested and may request the
future.
30.
All conditions precedent have been performed have occurred.
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION
The Commission seeks temporary restraining order and preliminary
injunction pursuant Federal Rule Civil Procedure 65. particular, the
Commission requests the Court preliminarily enjoin and/or stay any and all
activities the Defendants regarding placement Syrian refugees Texas unless
and until the Defendants have complied with their aforementioned statutory and
contractual obligations consulting with Texas before placement and sharing
information and working close cooperation and advance consultation with the
Commission.
The Commission also seeks preserve the status quo pending this
Court final adjudication declaratory judgment claims, the status quo being that, present, the aforementioned refugees have yet enter establish residency
the State Texas.
Given the Defendants lack providing basic information
regarding refugees placed Texas, the Commission maintains reasonable
concern that the Committee may continue operate with unwillingness consult advance regarding placement refugees Texas share information, closely
cooperate, and consult advance with the Commission.
The requirements for showing entitlement temporary restraining
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
order and preliminary injunction under Federal Rule Civil Procedure are
identical. See Clark Prichard, 812 F.2d 991, 993 (5th Cir. 1987). obtain
temporary restraining order and preliminary injunction, the Commission must
show: there substantial likelihood that the Commission will prevail the
merits; there substantial threat that irreparable injury will result the
injunction not granted; the threatened injury outweighs the threatened harm the Defendants; and granting the preliminary injunction will not disserve the public interest.
Janvey Alguire, 647 F.3d 585, 595 (5th Cir. 2011); Canal Auth. Florida
Callaway, 489 F.2d 567, 572 (5th Cir. 1974).
There substantial likelihood that the Plaintiff will prevail.
For the reasons articulated the Original Complaint, Plaintiff has
demonstrated Defendants breach statutory and contractual duties their
unwillingness consult advance regarding placement refugees Texas
share information and closely cooperate with the Commission. Whatever advance
consultation and close cooperation mean, this not it.
Further, the right the Plaintiff seek relief this Court due the
failure performance the Committee expressly provided the contract
between the parties.
There substantial threat that irreparable injury will result. about Thursday, December Friday, December group
Syrian refugees are scheduled arrive Texas.
Plans for the settlement
additional refugees may underway. mentioned herein, Plaintiff possesses
reasonable concerns about the safety and security the citizenry the State Texas
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
regarding these refugees that may seek resettlement within the State Texas. The
safety and security the citizenry the rightful concern the sovereign and one
the many reasons why Plaintiff maintains ongoing right full cooperation,
communication, collaboration, and candor with Defendants regarding its efforts
resettling foreign nationals amongst the Texas citizenry.
The threatened injury Plaintiff and the State citizenry
outweighs any threatened harm Defendants. stated above, Plaintiff has reasonable concerns about the safety and
security the State citizens result this week anticipated resettlement
certain refugees. Plaintiff also concerned that Defendants will continue refusing consult advance and share information and work close cooperation with
Plaintiff pertains the resettlement refugees the State, thus causing
further injury.
The threatened harm Plaintiff outweighs any harm Defendants
from temporary halt certain refugees pending determination whether
Defendants are complying with their statutory and contractual obligations consult advance with the State the resettlement refugees the State. temporary restraining order and preliminary injunction
will not disserve the public interest. TRO and preliminary injunction would allow Texas exercise its
sovereign authority and duty protect the safety its residents, thus serving the
public interest.
10.
Granting the preliminary injunction will maintain the status quo until
the rights and duties the parties can finally adjudicated.
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
PRAYER FOR RELIEF
The Commission respectfully petitions the Court award the following relief
against the Defendants: parte Temporary Restraining Order under Federal Rule Civil
Procedure 65(b) preventing the Defendants from resettling refugees
Texas until December due their violations statutory duty
consult with the State advance placing refugees Texas and
statutory and contractual duty provide information the
Commission and work close cooperation with the Commission; hearing the Motion for Preliminary Injunction later than
December Preliminary Injunction preventing the Defendants from resettling
Syrian refugees Texas until the Court determines that Defendants
are complying with their statutory and contractual duties consult
with Texas advance placing refugees and provide information
the Commission and work close cooperation with the Commission; declaration that the Defendants have breached their statutory and
contractual duties the State; permanent injunction compelling the Defendants comply with their
statutory and contractual duties the State;
Reasonable and necessary attorney fees for the Plaintiff; and
Such other and further relief which the Plaintiff justly entitled
law and equity.
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document Filed 12/02/15
Dated:
December 2015.
Respectfully submitted,
KEN PAXTON
Attorney General Texas
CHARLES ROY
First Assistant Attorney General
BRANTLEY STARR
Deputy Attorney General for Legal
Counsel
/s/ Austin Nimocks
AUSTIN NIMOCKS
Associate Deputy Attorney General for
Special Litigation
Texas Bar No. 24002695
ANGELA COLMENERO
Division Chief General Litigation
ADAM BITTER
Assistant Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
ATTORNEYS FOR PLAINTIFF
Plaintiff Original Complaint for Declaratory and Injunctive Relief
Case 3:15-cv-03851-N Document 1-1 Filed 12/02/15
Austin Nimocks, Associate Attorney General for Special Litigation
Office the Attorney General, P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548 (512) 475-4099
December 2015
/s/ Austin Nimocks
Case 3:15-cv-03851-N Document 1-2 Filed 12/02/15
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EXHIBIT
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EXHIBIT
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EXHIBIT
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EXHIBIT
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EXHIBIT
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EXHIBIT
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EXHIBIT
HHSC Contract No. 529-13-0021-00001
CLIENT SERVICES AGREEMENT
BETWEEN
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND
International Rescue Committee, Inc.
With contract amount $201,950
The Texas Health and Human Services Commission, hereinafter referred HHSC, and International Rescue Committee,
Inc. Herein after referred the Contractor, hereby make and enter into this Refugee Cash Assistance contract, which
constitutes the entire agreement under the above number between the Contractor and HHSC. HHSC and the Contractor
may referred collectively the Parties, either may referred singularly the Party.
The Refugee Cash Assistance (RCA) Program authorized Code Federal Regulation (CFR) 45, Part 400, and funded
the Refugee Cash and Medical Assistance (RCMA) Grant Catalogue Federal and Domestic Assistance (CFDA) 93.566.
The Texas Health and Human Service Commission Texas state agency responsible for administering some the public
welfare programs under the Social Security Act. Federal law and regulations, well State law Chapter the Human
Resources Code, permit and authorize HHSC, subject certain limitations, enter into agreements with public private
agencies for the purpose providing social and/or other services for the benefit eligible individuals and accept and expend
funds received from public private agencies for such purpose. Since the Contractor desires provide services for the benefit certain eligible individuals described herein, HHSC and the Contractor make this contract.
The parties hereto mutually agree: HHSC shall have authority monitor and conduct fiscal and/or program audits both the contractor and its
subcontractor(s) the extent services provided under the terms this contract. site visits well access
reasonable times all books and records will granted State Federal auditing agencies, representatives the United
States Department Health and Human Services and/or HHSC when deemed necessary such agencies for
purposes inspection, monitoring, auditing, evaluating such materials.
Acceptance funds directly under the contract indirectly through subcontract under the contract acts
acceptance the authority the federal and state government audit, investigate, monitor, examine, evaluate the
contractor and its subcontractors connection with those funds, and make transcripts and excerpts.
(a) The contractor must cooperate fully and allow HHSC and all appropriate federal and state agencies their
representatives access client records, books, and supporting documents pertaining services provided. Both
the contractor and its subcontractors must make documents available reasonable times and for reasonable
periods for the purpose inspection, monitoring; auditing, evaluating.
(b) The contractor must keep financial and supporting documents, statistical records, and any other records pertinent
the services for which claim cost report submitted HHSC its agent. The records and documents must
kept for minimum three years and days after the end the contract period. any litigation, claims, audit
involving these records begins before the three-year and day period expires, the contractor must keep the
records and documents for not less than three years and days until all litigation, claims, audit findings are
resolved, whichever longer. All medical records must kept for five years from their creation.
(c) the contractor terminates business operations, the contractor must ensure that:
(1) Records are stored and accessible;
(2) Someone responsible for adequately maintaining the records;
(3) HHSC contract manager notified writing about how and where the records will maintained and
who HHSC will contact order access the records; and
(4) information item changes, the contractor provides updated information HHSC contract
manager. The information must provided within workdays and writing.
(d) The contractor must ensure that this clause included any subcontract awards under this contract. This contract subject the availability State and/or Federal funds. funds are unavailable reduced, written notice
will given HHSC the contractor termination, payment suspension, funding reduction. the event that the Contractor fails perform accordance with the provisions this contract and the approved Plan(s) Operation, HHSC may, upon written notice default the Contractor, immediately terminate the whole any part
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
this contract, and such termination shall not exclusive remedy but shall addition any other rights and remedies
provided law under this contract. addition termination contract, HHSC might impose corrective action plans,
vendor payment holds, recoupment funds against the contractor. Federal State laws other requirements are amended judicially interpreted render continued fulfillment
this contract, the part either party, substantially unreasonable impossible and the parties should unable
agree upon any amendment which would therefore needed enable,the substantial continuation the services
contemplated herein, the parties shall discharged from any further obligations created under the terms this contract,
except for the equitable settlement the respective accrued interests obligations incurred the date termination.
This contract may canceled mutual agreement, HHSC may cancel upon days written notice the Contractor.
Upon mutual agreement the parties, this contract may extended for four terms one year each. Nothing this
paragraph shall construed prohibit immediate cancellation pursuant paragraphs
Unless otherwise provided the contract plan operation, when copyrightable material developed the course
under contract, the Contractor free copyright the material permit others so. The United States Department
Health and Human Services and HHSC shall have royalty-free, non-exclusive, and irrevocable right reproduce, publish, otherwise use and authorize others use the material for government purposes. The Contractor agrees defend, its option settle, any claim, suit proceeding brought against the State Texas HHSC the issue infringement any copyright any product, any part thereof, supplied the Contractor HHSC under this agreement. The
Contractor shall pay, subject limitations set forth this paragraph, any final judgment entered against the State Texas HHSC such issue any suit proceeding defended the Contractor. The Contractor its sole option shall
relieved the foregoing obligation HHSC fails notify the Contractor within thirty (30) days writing any such claim,
suit proceeding, and the Contractors expense, give the Contractor proper and full information needed settle and/or
defend any such claim, suit proceeding. The Contractor shall report HHSC within thirty (30) days and reasonable
written detail, each notice claim copyright infringement based the performance this contract which the
Contractor has knowledge.
The Contractor understands that acceptance funds under this Contract acts acceptance the authority the
State Auditors Office (SAO), any successor agency, conduct investigation connection with those funds.
The Contractor further agrees cooperate fully with the SAO its successor the conduct the audit
investigation, including providing all records requested. The Contractor will ensure that this clause concerning the
authority audit funds received indirectly subcontractors through Contractor and the requirement cooperate
included any subcontract awards.
Dispute resolution.
(a) General agreement the Parties.
The Parties mutually agree that the interests fairness, efficiency, and good business practices are best served when
the Parties employ all reasonable and informal means resolve any dispute under this Contract. The Parties express
their mutual commitment using all reasonable and informal means resolving disputes prior invoking remedy
provided elsewhere this Section.
(b) Duty negotiate good faith.
Any dispute that the judgment any Party this Contract may materially substantially affect the performance
any Party will reduced writing and delivered the other Party. The Parties must then negotiate good faith and
use every reasonable effort resolve such dispute and the Parties shall not resort any formal proceedings unless
they have reasonably determined that negotiated resolution not possible. The resolution any dispute disposed agreement between the Parties shall reduced writing and delivered all Parties within ten (10) business
days.
(c)
Claims for breach Contract.
(1) General requirement. required Chapter 2260, Government Code, Contractors claim for breach
this Contract must resolved accordance with the dispute resolution process established HHSC
accordance with Chapter 2260, Government Code.
(2) Negotiation claims. The Parties expressly agree that the Contractors claim for breach this Contract
that the Parties cannot resolve the ordinary course business through the use all reasonable and
informal means will submitted the negotiation process provided Chapter 2260, Subchapter
Government Code.
(aa) initiate the process, Contractor must submit written notice HHSC that specifically states
that Contractor invokes the provisions Chapter 2260, Subchapter Government Code. The
notice must comply with the requirements Title Chapter 392, Subchapter the Texas
Administrative Code.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
(bb) The Parties expressly agree that the Contractors compliance with Chapter 2260, Subchapter Government Code, will condition precedent the filing contested case proceeding
under Chapter 2260, Subchapter the Government Code.
(3) Contested case proceedings. The contested case process provided Chapter 2260, Subchapter
Government Code, will Contractors sole and exclusive process for seeking remedy for any and all
alleged breaches contract HHSC the Parties are unable resolve their disputes under Subsection
(c)(2) this Section.
(aa) The Parties expressly agree that compliance with the contested case process provided
Chapter 2260, Subchapter Government Code, will condition precedent seeking
consent sue from the Texas Legislature under Chapter 107, Civil Practices Remedies
Code. Neither the execution this Contract HHSC nor any other conduct any
representative HHSC relating this Contract shall considered waiver the States
sovereign immunity suit.
(4) HHSC rules. The submission, processing and resolution Contractors claim governed the rules
adopted HHSC pursuant Chapter 2260, Government Code, found Title Chapter 392,
Subchapter the Texas Administrative Code.
(5) Contractors duty perform. Neither the occurrence event constituting alleged breach contract
nor the pending status any claim for breach contract grounds for the suspension performance,
whole part, Contractor any duty obligation with respect the performance this Contract.
This Contract governed the laws the State Texas and interpreted accordance with Texas law. Provided
Contractor first complies with the dispute resolution procedures set forth this Contract, proper venue for claim
arising from this Contract will court competent jurisdiction Travis County, Texas.
The Contractor agrees to, and will require its subcontractors, any, agree to:
Provide HHSC, accordance with the procedures prescribed HHSC, verified and proper monthly statement
charges (or certification expenditures specifically allowed the terms this contract) for services, which have been
rendered under this contract.
Submit billings the and statistical documentation required HHSC the day following the last day the
month which the service provided. the event that the required billing and statistical documentation have not been
received the day following the day the month which service provided, this will considered failure comply
with the contract. Such failure comply valid justification for immediate termination this contract and/or refusal pay
the billings any portion the billings that are not submitted within the above stated time limits. Where specific qualifications are set forth job descriptions required HHSC, hire promote only such personnel unless waiver specific required qualification obtained writing from HHSC prior the hiring promotion the individual
involved. Comply with appropriate State Licensing certification requirements and with such standards may prescribed the
Secretary the United States Department Health and Human Services.
Participate fully any evaluation study this program authorized HHSC.
Refrain from entering into any subcontract(s) for services without prior approval, waiver the right prior approval,
writing HHSC the qualifications the subcontractor(s) perform and meet the standards fixed this contract and its
attached Plan(s) Operation. All subcontracts entered into the Contractor shall written and shall subject the
requirements this contract. The Contractor agrees that shall responsible HHSC for the performance any
subcontractor. Establish method secure the confidentiality records and other information relating clients accordance with the
applicable Federallaw, rules, and regulations, well the applicable State law and regulations. The provision shall not
construed limiting HHSCs right access recipient case records other information relating clients served under
this contract. responsible for any audit exception other payment deficiency the program covered this contract, and all
subcontracts hereunder, which found exist after monitoring auditing HHSC, the United States Department
Health and Human Services, and responsible for the collection and proper reimbursement any amount paid
excess the proper billing amount. The contractor further agrees have single program-specific audit conducted for
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
any year which expends $500,000 more Federal funds accordance with provisions the Office
Management and Budget (OMB) Circular A-133.
Provide the information about ownership control, past business transactions, and certain other information specified
CFR 455.100-106 when requested HHSC. Disclose HHSC the Department Health and Human Services the name any person who has ownership
control interest agent managing employee the Contractor who has been convicted criminal offense
related the persons involvement any program under Titles XVIII, XIX, the Social Security Act since the
inception these programs.
Place all literature describing its services covered under this contract prominent notices acknowledging HHSCs funding the Contractor and such notice shall also placed the Contractors annual reports.
Notify HHSC immediately the event any significant change affecting the Contractor and Contractors identity, such
ownership control, name change, governing board membership, and vendor identification number. not transfer assign this contract without the prior consent HHSC.
Use generally accepted accounting procedures recognized the American Institute Certified Public Accountants and
follow Department financial management policies and procedures maintaining any fiscal records required kept
under this contract. That the funding under this Contract exceeds $100,000, will comply with applicable provisions the Clean Air Act (42
U.S. 7401 seq.) and the Federal Water Pollution Contract Act, amended (33 U.S.C. 1251 seq.)
That the following statement required the Texas Family Code, Section 231.006, true and correct:
Under Section 231.006, Texas Family Code, the vendor applicant certifies that the individual business entity
named this contract, bid, application, not ineligible receive the specified grant, loan, payment and
acknowledgesthat this contract may terminated and payment may withheld this certification inaccurate;
That responsible for its behavior well the behavior its staff and subcontractors ensure violence-free
contractual relationship. The contractor further understands that any remarks, gestures, actions toward HHSC
employees, volunteers, and/or clients that carry implied threat any kind, even intended jest, will taken
seriously and may lead corrective action, and including revocation the contract. accordance with section 403.055 (h) the Government Code, the contractor agrees that any payments due the
contractor under this contract will first applied toward any debt and/or back taxes the contractor owes the State
Texas. Payments will applied until such debts and back taxes are paid full. The clause does not apply federal
law requires payment made contractor for family violence services, and may not apply federal law conditions the
receipt the money for these goods services the state the basis payment being made the contractor. any time during the term the Agreement subcontractors are used the delivery the goods and/or services, the
awarded contractor(s) requested submit monthly progress reports, the prescribed format, HHSCs HUB Program
Off ce.
Provide services compliance with this contract and with applicable Federal laws and regulation, state laws and
regulations, and Commission policies including service delivery standards. Comply with Commission rules and regulations pertaining hearings concerning applicants for and the recipients
services and abide the decisions rendered HHSC such hearings. The contractor shall inform all individuals
their right such fair hearing, applicable. The Contractor certifies that corporation, either for-profit corporation that not delinquent its franchise
tax payments the State Texas, non-profit corporation otherwise not subject payment franchise
taxes the State Texas.
IV.
The Contractor further agrees:
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
For cost reimbursement contracts, provide HHSC with detailed statement charges each month the format
prescribed HHSC, promptly forward such bill HHSC along with statement certifying that the Contractor has
expended one hundred percent (100%) the total bill for services for that month accordance with procedures
prescribed HHSC. That certified local resources recognized HHSC are limited to:
(a) Cash expenditures the Contractor directly related the provision service eligible clients under the terms
the contract;
(b) Non-cash expenditures the Contractor directly related the provision service eligible clients under the terms the contract limited depreciation and use charges;
HHSC agrees to:
Make payment based funding specified herein and the attached Plan(s) Operation, upon receipt proper
and verified statement after deducting there from all payments for services made behalf any recipient and/or
any previous overpayment made HHSC.
Recognize the fiscal policies and procedures the Contractor and its subcontractor(s), any, except where they are
conflict with generally accepted accounting procedures Federal and State laws, policies, rules, and regulations.
Perform such evaluation studies that HHSC determines necessary and report the appropriate officers the
Contractor and its subcontractor(s), any, the preliminary results the study before the evaluation concluded and the
findings made matter record. religious charitable organization eligible contractor the same basis any other private organization.
The contractor retains its independence from State and local governments, including the contractors control over the
definition, development, practice, and expression its charitable religious beliefs. Except provided federal law,
HHSC shall not interpret this contract require charitable religious organization alter its form internal
governance remove religious art, icons, scripture, other symbols. Furthermore, religious charitable
organization segregates the government funds provided under the contract, then only the financial assistance provided
these funds will subject audit. However, neither HHSCs selection charitable faith-based contractor social
services nor the expenditure funds under this contract endorsement the contractors charitable religious
character, practices, expression. The purpose this contract the provision social services; State expenditures
have their objective the funding sectarian worship, instruction, proselytization. charitable faith-based provider social services under this contract shall reasonably apprise all assisted individuals the following: Neither HHSCs selection charitable faith-based provider social services nor the expenditure
funds under this contract endorsement the providers charitable religious character, practices, expression. provider social services may discriminate against you the basis religion, religious belief, your refusal
actively participate religious practice. you object particular provider because its religious character, you may
request assignment different provider. you believe that your rights have been violated, please discuss the
complaint with your provider HHSC contract manager
Section 104 The Personal Responsibility and Work Opportunity Reconciliation Act 1996. U.S.C. 604a, sets
forth certain additional rights and responsibilities for charitable and faith-based providers social services, certain
additional rights assisted individuals, and certain additional responsibilities HHSC these providers and assisted
individuals. This contract subject those additional rights and responsibilities.
The provider must keep records non-expendable property acquired under the contract for three years and days after
final disposition the property. this instance, contract period means the beginning date through the ending date the
original agreement/contract; extensions are considered separate contract periods.
VI.
The Contractor hereby agrees:
The scope and coverage the services provided the Contractor and/or subcontract agency(ies) under this
contract, the program description and basis for payment for these services, well such other components may
necessary, are described under Code Federal Regulations 400.48 400.63 for the administration and payment
refugee cash assistance benefits for eligible clients and limited the attached Plan(s) Operation, which (are) hereby
incorporated this contract its (their) entirety specific reference. The Plan(s) will maintained file with HHSC
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15 part this coptract. Any change, modification amendment thereto, renewal thereof, must made with the prior
written approval HHSC except otherwise provided this contract and any such change, modification amendment
to, renewal of, such Plan(s) not effective until approved HHSC. Such original contract and Plan(s) Operation
together with any approved amendment maintained file HHSC will considered the controlling instrument case any dispute arises relative the wording any portion such contract, Plan(s) Operation, amendment(s)
thereto.
The Plan(s) Operation, including the basis for payment, will periodically reviewed and reviewed its entirety least
once annually. case will HHSC obligated pay excess the Contractors reimbursable budget allocation
funds. Should determined HHSC result period review(s) and/or audit(s) that overpayment has occurred,
such overpayment shall refunded the Contractor HHSC.
INCORPORATION REFERENCE
The following marked listed certification(s) is/are file with both the Health and Human Services Commission and the
Contractor sub-grantee and is/are hereby incorporated into this contract specific reference.
The following items (if any) are also incorporated into the contract specific reference:
HHSCs Uniform Contract Terms and Conditions, Version 1.4.1 (Exhibit A);
The approved Plan Operations (Exhibit B); and
The approved Budget pages (Exhibit C).
COST REIMBURSEMENT TERMS:
The Contractor further agrees: case will HHSC obligated pay excess the Contractors allowable actual cost which attributable
clients receiving services under the terms this contract.
Shifts between cost categories budget will allowed without prior approval such transfers not result
cumulative increase decrease any budget item more than five thousand dollars (or prorated portion such
amount cases where the term less than one year) five percent the total budget, whichever less, long
those shifts are for allowable items defined HHSC. Such shifts must described and reported within days
letter HHSC. (Funds will not available excess the total approved amount the reimbursable budget
originally approved subsequently amended.)
Prior written approval must secured:
(a) When the transfer between items more than the above designated amount involved; lack prior approval
these instances will grounds for refusal the payment the item items involved.
(b) When transfer, regardless the amount, would result significant change the character scope the
program; lack prior approval these instances will grounds for recovery such unapproved payments
ahd/or termination this contract the option HHSC.
The Contractor agrees assume responsibility for the protection, all times, all physical property and equipment
used the facility facilities being maintained carry out the Plan(s) Operation and take appropriate measures
ensure meeting this obligation. The Contractor must furnish HHSC with written factual report the theft of, damage
to, any equipment which was purchased under this contract, including the circumstances concerning such loss and,
the event any theft, vandalism, other offense against said property, must notify appropriate local law enforcement
authorities.
The Contractor agrees provisions set forth CFR Part 74.32 concerning Post-Award Requirements. Real
Property, regarding the return HHSC any equipment bought under this contract with funds allocated the
Contractor its subcontractor(s).
The Contractor abrees that will not give any security, interest and/or lien otherwise encumber any item equipment
purchased with contract funds.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
The Contractor agrees permanently identify all equipment purchased under this contract appropriate tags
labels affixed thereto and maintain current inventory such equipment which will available HHSC all times
upon request.
For the faithful performance the terms this contract, the parties hereto their capacities stated, affix their
signature and bind themselves effective ............................................................................................................. October 2012
and continuing through ....................................................................................................:............................ September 30, 2013
HEALTH AND HUMAN SERVICES COMMISSION
Name Contracting Agency
International Rescue Committee, Inc.
Print Type-Name Commission Representative
Print Type-Name Contracting Agency Representative
P*cia l,owq
Jeffrey Johnson
Director for QotVfiunity Services
rritle Contractind Agency Representative
CFO
Date
Date
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC No.
CLIENT SERVICES AGREEMENT
BETWEEN
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND
International Rescue Committee, Inc.
Exhibit
HHSCs Uniform Contract Terms and Conditions (UCTC), Version 1.4.1, issued February 2011, can found
at:
http://www.hhsc.state.tx.us/about hhsc/Contracting/rfp attch/General TC.pdf.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC No.
CLIENT SERVICES AGREEMENT
BETWEEN
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND
International Rescue Committee, Inc.
Exhibit
The Approved Plan Operations
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
STATE TEXAS
Health and Human Services Commission
Office Immigration and Refugee Affairs 2013 Refugee Cash Assistance Program
Contract Plan Operation Summary
Contractor:
International Rescue Committee, Inc.
Contract Term:
October 2012 September 30, 2013
Contract Number:
Contract Amount:
$201,950
Geographical Area Services:
Dallas County, Texas
Service Description:
Provide Refugee Cash Assistance, eligibility
determination and payment client benefit for
eligible clients.
Contract Outcomes:
The following are required outcomes your contract:
RCA:
Contractors are required report client activity
using the Refugee Data Center (RDC) database.
Contractors are required follow all rules and
policies stated the Refugee Cash Assistance
Provider Manual.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC No.
CLIENT SERVICES AGREEMENT
BETWEEN
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND
International Rescue Committee, Inc.
Exhibit
The Approved Budget Pages
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
REFUGEE PROGRAM FFY 2013
Lead Contractor Aoencv Name
Address
Contract
Contract Term Dates)
PROGRAM
International Rescue Committee, Inc.
6500 Greenville Avenue Suite 500, Dallas, Texas 75206
5291011/2012 THRU 09/30/2013
REFUGEE CASH ASSISTANCE this the budget proposed SubcontractorT yes, list the Subcontractors Name: n/a
Bud etCate
Personnel
F,Fin Benefifs
Travel
EquipmenUControlled
Asses lies
Contractual
Other Costs
Tot511Qirect Costs
Indirect Costs
ITotal
F,undin
121,020
33,886
381
350
28,928
184,564
17,386
201,950
Contractual Tofal,
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
PERSONNEL BUDGET SHEET
AGENCY,
SUB
PROGRAM
International Rescue Committee, Inc.
n/a
REFUGEE CASH ASSISTANCE
Position Title, Employee Name
Justification for P.ercent Tiime
Annual Sala Tiime
P.r,o cam T,otal
Example Chief Financial Officer, Jane Doe
60,000
25.00% 000.00
Provides financial accountability program
Example Program Director, John Doe
Directly supervises this programs staff
50,000
10.00%
5,000.00 RCA Program Coordinator, Julie Markovitz
41,484
100.00%
Directly supervises RCA program.
Deputy Director, Lisa Lewis
65,232
5.00%
Provides program oversight and outreach.
Case Work Supervisor,Shalaina Harlan
40,908
5.00%
Provides employment verifications, compliance updates and outreach.
Case Worker, Kaleigh McRae
31,524
20.00%
Provides employment verifications, inter retation, compliance updates and outreach.
Case Worker, Michele Villarreal
33,756
20.00%
Provides employment verifications, interpretation, compliance dates and outreach.
Case Worker, Daley Ryan
20.00%
33,696
Provides employment verifications, com liance dates and outreach.
Case Worker, Aruh Chauhan
31,824
10.00%
Provides employment verifications, interpretation, compliance updates and outreach.
Assist. Case Worker, Sharefa Daw
15.00%
33,816
Provides employment verifications, inter retation, compliance dates and ouVeach.
Assist. Case Worker, Bae
30,192
15.00%
Provides employment verifications, interpretation, compliance dates and outreach.
Assist. Case Worker, Lal Suba
27,324
10.00
Provides employment verifications, interpretation, compliance dates and outreach.
Res.Manager AB, Susane Lubanga
46,752
5.00%
Provides program oversight, compliance updates and outreach Abilene
Case Worker AB,Aikan Toibaeva
10.00%
30,996
Provides employment verifications, inter retation, compliance dates and outreach Abilene
Assistant Case Worker AB,Marie Gorette Ngiri
26,652
5.00
Provides employment verifications, inter retation, compliance updates and ouVeach Abilene
Empl.Assistant AB, Bhanu Ghaley
26,532
10.00%
Provides interpretation, RCA orientations, check distribution and RCA outreach Abilene Executive Director, Debi Wheeler
86,916
15.00%
Program oversight, supervision and com lianc Dallas and Abilene. Finance Manager, Nihada Sosevic 47,399
16.00%
Provides financial services and financial accountablity the pro ram. Finance Coordinator, Yulin Tyler
24,990
16.00%
Generates program vouchers, envork, checkwriting and distributes client checks. Receptionist/Finance Assistant, Maria Lopez
30,468
16.00%
Assist with checkwriting and distributing checks.
41,484
3,262
2,045
6,305
6,751
6,739
3,182
5,072
4,529
2,732
2,338
3,100
1,333
2,653
13,037
7,584
3,998
4,875
Personnel Total
121,020
sed ex`plain tiow thattf
:ime listed
!List^on employee:Confra`ct;Latio7jServices?(a1;099)hon^Qther Cosfs^wo ksF eef^_`.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
FRINGE BENEFITS BUDGET SHEET
International Rescue Committee, Inc.
n/a
REFUGEE CASH ASSISTANCE
AGENCY
SUB
PROGRAM
Fringe Benefits Based
Salaries
FICA 7.65%
Other/S ecif
Other/S eci plicable Sala
4.46%
121,020.00
Total
Frin Total
5,397
5,397
For benefits that are not based percentage salary please list below, such health
insurance, unemployment and works compensation.
Fringe Benefits NOT Based
Salaries
Health Insurance
Unemployment
Workers Comp
Short Term Disability
Long Term Disability
Retirement
Pension
Frin Total
12,392
401
403(b)
Other/Specify**
Total
1,283
7,878
6,934
28,488
TOTAL FRINGE BENEFITS
33,886
The employers share payroll taxes and other Fringe Benefits expenses are listed
this page. CHARGES FOR PAYROLL SERVICES ARE LISTED THE OTHER
COSTS WORKSHEET. The Federal Insurance Contributions Act (FICA) represented the addition Social
Security 6.2% and Medicare 1.45% for total FICA percent 7.65. YOUR AGENCY
CHOOSES NOT CHARGE THIS OIRA-FUNDED PROGRAM FOR THE FULL 7.65/u,
THEN STATE YOUR BUDGET JUSTIFICATION THAT NON-OIRA FUNDING
SOURCES YOUR ORGANIZATION ARE TAKING RESPONSIBILITY FOR THOSE Use Other/Specify for all expenses that not fit into any the other Fringe Benefits
categories provided above. those Other/Specify expenses cannot represented
common percent, list the percent 100 and enter the combined total amount all the
Other/Specify expenses under Applicable Salary. THEN DETAIL ALL THE
OTHER/SPECIFY EXPENSES ITEM, UNIT COST, AND TOTAL COST, THE
BUDGET JUSTIFICATION.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
TRAVEL BUDGET SHEET
International Rescue Committee, Inc.
nTa
AGENCY
SUB
REFUGEE CASH ASSISTANCE
PROGRAM
PERSONAL VEHICLE MILEAGE not exceed the State Ratep
mMilea
JRate/Milel ^Totslm
762
0.5
381
Mileage Total
Explan2tion for
woikshe
authorization fri
aIfO.o tate
,_,^f
381
1110utof State travel must bedocumei ted 6ri BudgeYJ_shficaoon rates will ddfer location^^oth^lm state and
NOTE Prior
H,S m,^ust be,recerved for all Out State Tra
expenses,for
fravelIbelow) --:^
`sC^;^..,.....
HOTEL CHARGES (not exceed the State Rate for In-State Travel
^Ci f#1Ni-fit7 t#JRooms
MRat7
Total^
Hotel Total
PER DIEM not exceed the State Rate for In-State Travel
t#1P-ersons
t#1Da1 tRat7 s%^ iTdtal^
Per Diem Total
AIRFARE Detination7 f#.^P.ersons ^Rat7
AiAare
GROUND TRANSPORTATION
Service WAmount= ^%^ iTotal^
Air ort Shuttles
Other
Ground Transportation Total
TRAVEL-RELATED PARKING atio7 lAmountE S%^ iTotalm
Air ort
Other
Parking Total
Travel Grand Total
381
Unless,the contractorhas agency wide, Board-approved;policy^Rates mu$t reasonable
and ereito sate iates`noted.
Provid`ea detatl ezplanahon/calculations for the travel related.exenses iunder this section
the budgetlustdldatlon.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
SUPPLIES BUDGET SHEET
AGENCY
SUB
PROGRAM
NOiTiETAfte7Iisting all
Itm
International Rescue Committee, Inc.
n/a
REFUGEE CASH ASSISTANCE
Descrip`tion categ ries belowjitemiT
z-eALL4ofI4he1$upplies
-l7escrip.tion^ WAmount
General Office Supplies
350
Client Education Supplies
Client ment-Trainin Supplies
Client Work Clothes and Tools
Electronic Supplies
Furniture
Other Supplies
Supplies Totall
350
ITEMIZATION: Below, list all Items, Unit Costs, and Total Cost Extentions Match the Line-Item Amount
column above (do NOT list, itemize, detail the General Office Supplies below). For each item, also briefly
describe why Needed and Necessary for the program.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
OTHER COSTS BUDGET SHEET
AGENCY
SUB
PROGRAM
International Rescue Committee, Inc.
n/a
REFUGEE CASH ASSISTANCE
NOTE: Please read the catego headin carefull before enterin the enses.
NOTE: penditure charg directl rog ram, the will 100%, and check Line Item Box.
Agency Annual
Expense
Descri tion
P.ro ram
T,otal
RENT
16,890
Main Office
105,561.00
16.00%
16,890
15.00%
15.00%
15.00%
15.00%
15.00%
3,006
3,006
6,422
Satellite Office/Off Site/Classroom
UiTILTITIES
Main Office
Satellite Office/Off Site/Classroom
ADMINISTRATI,VE
Accounting Fees
Advertising
Audit Fees
Copier Leases
Copier Maintenance Agreements
Insurance (DO, Fidelity, Liability)
Janitorial Services
Payroll Services
Postage and Overnight Shi
Printing
20,040.00
10,920.00
11,736.00
2,280.00
720.00
Tele hones/Pa ers
HEgTADMINIS;TjRATIVE
ISP/Internet/Website Services
Membership Dues
Subscriptions/Publications
E$^UDIBECTyCLIENTjSERVICES
Childcare
Bus Passes
Taxi Vouchers
17,160.00
Security
Utilities Included
Rent Line Item
1,638
1,760
342
108 Line Item Line Item Line Item Line Item
12,600.00
15.00%
15.00%
2,574
1,890
1,890 Line Item Line Item Line Item Line Item Line Item Line Item Line Item
Other Transportation Line Item
Translation/Interpretation
Client PRP Exams/Fees Line Item Line Item
Vocational Course Fees Line Item
OJT Subsidies
15.00%
15.00% Line Item
720
450
270 Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item
QT:HER$LISTj
Conference Fees
Staff Training
Leased Vehicle Expenses
Software Agreements
Bank Fees
3,000.00
1,800.00
Other Total
28,928
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
INDIRECT COSTS BUDGET SHEET
International Rescue Committee, Inc.
n/a
REFUGEE CASH ASSISTANCE
AGENCY
SUB
PROGRAM
ndi [ecQCost1 Rat7Ag reemenf
Type Provisional
Effective Period 10/01/2010 Until Amended
9.42%
Rate
Applicable Proarams
Base Indirect charges have been computed 9.42% direct program charges and sud
Indir,ectLCostjCom putation
=Base AmountM Rate=
184,564.07
9.42%
Indirect Costs Total
1otal^
17,386
17,386
Attach a,Copy!of thecurrent Signed Indirect.Cost Rate Agreement
See the,4Office ement and Budget (OMB) Circuxlar 122e Cost Pnnciples^for NonProfrt Ocgantions ^^egarduigeihe eneral;P`rinciples,to usedrm defermmmgi,rect
Costs.
Assistance Dete mining the Base Amount when the
Appr.o.v.ed Bas.e in,v,ol.ves All 4ir,ect Costs: Total Contract Award (or Total Contract Award minus costs not chargeable Direct Costs) Indirect Cost Rate Agreement
Base Amount Direct Costs (costs chargeable Direct Costs) +R)
Example using Rate 12.1%) $91,465.00
(1+R)=1+12.1 /u=1.121
Base $91,465.00 1.121 $81,592.33
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
Texas Heatlth and Human Services Commission (HHSC)
Office Immigration and Refugee Affairs (OIRA)
BUDGET JUSTIFICATION
AGENCY
International Rescue Committee, Inc.
SUB
PROGRAM
REFUGEE CASH ASSISTANCE
n/a
Fringe Benefits Provide dear calculations and details the Other/Specify Line Item. Provide names other funding sources
your agency charges less than 7.65% for FICA.
)FICA ralcJated over all the szlan
the
FICA compdsed rales-1.45%on full sala and 4.2% uto the first $110,100 earned
Life and Accident Insuance 1.16%,Medicare 1.08%, Other Insurance and Benefits 49%
Travel detail the Out-of-State Travel (purpose trip and staff) provide detailed calculations items listed under Out State
travel, Ground Transportation, Parking, and/or Other
Out State Travel:
Purpose Trip:
Hotel calculations
Perdiem calculations
Aidare
Ground Transportatian (out State)
Travel Related Parking out State)
Other:
Ground Transportation in-State):
Taxis:
ortShutOes:
Other.
Travel Related Parking State)
Aimort Parkinty
Other:
Cap ital ment Controlled Assets detail the Need and Necessity the items
Capital Equipment Telal
Other Costs provide clear calculations (formula) for each amount listed the Agency Annual Expense column. the amount
charged 100% directly the program then indicate the total amount direct cost based histodcal expense annual flat
fee.
Main Office: $13.4885 7,826s
=5105,561 169y rogram share total agenc budget)
Main Offlce 31,670 month months $20,04015
Satellife Office/Off Site/Classroom ram share total
bud inis atve
Accounling Fees
Advertising
Audit Fees
Copier Leases $910 per month months $10,920 program share total agency budget) IerMaintenanceAgreements
Insurance DO, Fidelity, Liabili ty) $2,934 per uarter uarters= $11,73615%(program share total agency budget)
Janitorial Services
Payroll Servlces
PostageantlOvernlghtShip ingS190
agency budget)
Printing $60 per month months=3720 Y5%( rogmm share total agency bud et)
Security
TelephoneslPagers 51,430 month months =$17,160 program share tolal agency budget) ini
ISP/IntemetAYebsBe Services $1,050 month months= $12,60015
Membershi Dues
SubscriptioNPublications
pro ram share lotal
Direct Client Services
Childcare:
Bus Pzsses:
TaxiVouchers
Other Transortation
TranslatioMnter retation:
Client PRP Exams/Fees:
Vocatlonal Course Feas
OJT Subsidies
2dWr
Conference Fees:
Staff Trainin
Leased Vehicle Expenses
Software greements $3,000 ear15 ram share total ency bud
Bank Fees $150 month `12 months=S1,80095 ram share total ency bud
bud
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
State Texas
Health Human Services Commission
Child Support Certification
Section 231.006, Texas Family Code, amended Section House Bill No. 433, 74th Regular Legislative
Session (Acts 1995, 74th Leg., R.S., ch. 751), prohibits the payment state funds under grant, contract, loan person who more than days delinquent the payment child support, and business entity which such person the sole proprietor, partner, shareholder owner with ownership
interest least 25%.
Section 231.006 further provides that person business entity that ineligible receive payments for the reasons
stated above shall continue ineligible receive payments from the state under contract, grant, loan until
all arrearages have been paid,
the person compliance with written repayment agreement court order any existing delinquency.
Section 231.006 further requires each bid, application for contract, grant, loan include
the name and social security number the individual sole proprietor and each partner, shareholder, owner
with ownership interest least 25% the business entity submitting the bid application, and
the statement Part III below.
Section 231.006 authorizes state agency terminate contract determines that statement required below
inaccurate false. the event the statement determined false, the vendor liable the state for
attorneys fees, costs necessary complete the contract [including the cost advertising and awarding second
contract], and any other damages provided law contract. accordance with Section 231.006, the names and social security numbers the individual identified the
contract, bid, application, each person with minimum 25% ownership interest the business entity
identified therein are provided below.
Name
Social Security
III. required Section 231.006, the undersigned certifies the following:
Under Section 231.006, Family Code, the vendor applicant certifies that the individual
business entity named this contract, bid, application not ineligible receive the
specified grant, loan, payment, and acknowledges that this contract may terminated and
payment withheld this certificatio
naccurate.
Signature
Title
Pa1YI (,( ^oa
Printed Name
Date
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
State Texas
Health Human Services Commission
Nondisclosure Statement
Acknowledgment contractor the Texas Health Human Services Commission, have been provided access
information, systems, operations, procedures that are security sensitive have been identified confidential the Health Human Services Commission, the State Texas, the United States Government. such,
acknowledge the following:
that access this information provided solely capacity contractor the Texas Health
Human Services Commission;
that access this information solely for the purpose discharging duties the duties
employer under Texas Health Human Services Commission contract number HHSC-_-_-_
that premature unauthorized disclosure of.this information will irreparably harm the interests the State Texas and the Texas Health Human Services Commission and may constitute violation Section
39.02 the Texas Penal Code, the antitrust laws the United States and the State Texas, and the
Texas Public Information Act [chapter 552, Texas Government Code];
that the information may represent confidential proprietary information, the release which may
restricted prohibited law.
Agreement view the foregoing, agree that shall use any information that receive capacity contractor
the Texas Health Human Services Commission whether written oral, formal informal for the following
purposes only: provide the services and/or deliverables required requested under contract number HHSC-== provide advice, opinion recommendation requested the Texas Health Human Services
Commission the course fulfilling the duties prescribed under the contract; assist the Texas Health Human Services Commission developing any documents, reports, working
papers, evaluations, schedules, instruments necessary fulfill the requirements the contract. further agree that shall regard any such information confidential and that shall not disclose, reveal,
communicate, impart divulge the information any summary synopsis the information any manner
any form whatsoever, except under the following circumstances:
when authorized writing the Project Manager employed the Texas Health Human Services
Commission;
when required court order, subpoena, ruling the Attorney General Texas;
when advised legal counsel that disclosure required law legal process;
when the information has previously been released the general public the Project Manager, the Texas
Health Human Services Commission;
when required brief inform superior, provided the superior informed and has also executed
non-disclosure statement. the event receive request for information relating contract number HHSC-_ __, either during
after the performance this contract, agree the following:
notify the Project Manager the Texas Health Human Services Commission soon practical
following receipt the request;
seek advice from riate legal counsel ardin ability disclose the information. signing this statement, acknowledge that
erstand and agree adhere the limitations disclosure described above.
Signature
Printed Name
Date
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
CERTIFICATION REGARDING FEDERAL LOBBYING
(Certification for Contracts, Grants, Loans, and Cooperative Agreements)
PREAMBLE
Federal legislation, Section 319 Public Law 101-121 generally prohibits entities from using federally appropriated funds lobby the executive
legislative branches the federal government. Section 319 specifically requires disclosure certain lobbying activities. federal government-wide
rule, New Restrictions Lobbying. published the Federal Register, February 26, 1990, requires certification and disclosure specific instances
and defines terms:
Covered Awards and Subawards--Contracts, grants, and cooperative agreements over the $100,000 threshold need (I) certifications, and (2) disclosures, required. (See certification term number concerning disclosure.)
Lobbying--To lobby means influence attempt influence officer employee any agency (federal), member Congress, officer
employee Congress, employee member Congress connection with any the following covered federal actions:
the awarding any federal contract,
the making any federal grant,
the making any federal loan,
the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, modification any federal contract, grant, loan cooperative agreement.
Limited Use Appropriated Funds Not Prohibited--The prohibition using appropriated funds does not apply activities ones own employees
with respect to:
liaison activities with federal agencies and Congress not directly related covered federal action;
providing any information specifically requested federal agency Congress;
discussion and/or demonstration products services not related specific solicitation covered action;
professional and technical services preparing, submitting negotiating any bid, proposal application for federal contract, grant loan cooperative agreement for meeting legal requirements conditional receipt any federal contact, grant, loan cooperative
agreement. (The prohibition also does not apply such services provided nonemployees for the same purposes.)
Professional and Technical Services--Professional and technical services shall advice and analysis directly applying any professional technical
expertise. Note that the professional and technical services exemption specifically limited the merits the matter.
Other Allowable Activities--The prohibition use federally appropriated funds does not apply influencing activities not connection with
specific covered federal action. These activities include those related legislation and regulations for program versus specific covered
federal action.
Funds Other Than Federal Appropriations--There federal restriction the use nonfederal funds lobby the federal government for contracts,
grants. and cooperative agreements.
Applicability Other State and Federal Requirements--Neither the government-wide rule nor the law affect either (I) the applicability cost principles OMB circulars A-87 and A-122, (2) ridersto the Texas State Appropriations Acts which disallow use state funds for lobbying.
TERMS CERTIFICATION
This certification applies only the instant federal action for which the certification being obtained and material representation fact upon
which reliance was placed when this transaction was made entered into. Submission this certification prerequisite for making entering into
this transaction imposed section 1352, title 31, U.S. Code. Any person who fails file the required certification shall subject civil penalty
not less than $100,000 for each such failure.
The undersigned certifies, the best his her knowledge and belief, that: federally appropriated funds have peen paid will paid, behalf the undersigned, any person for influencing
attempting influence officer employee any agency, member Congress, officer employee Congress, employee member Congress connection with the awarding any federal contract, the making any federal grant, the making any
federal loan, the entering into any cooperative agreement, the extension, continuation, renewal, amendment, modification any
federal contract, grant, loan, cooperative agreement. any funds other than federally appropriated funds have been paid will paid any person for influencing attempting influence officer employee any agency, member Congress, officer employee Congress, employee member
Congress connection with these federally funded contract, subcontract, subgrant, cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, Disclosure Form Report Lobbying, accordance with its instructions. (If needed, contact
your Health and Human Services Commission procurement officer contract manager obtain copy Standard Form-LLL.)
The undersigned shall require that the language this certification included the award documents for all covered subawards all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients
will certify and disclose accordingly. you have you anticipate having covered subawards under this transaction? .................................. ...................................... ...a Yes L:J
Name Contractor/Potential Contractor
Vendor No. Social Security No.
HHSC Contract No. (ifopplicabte)
InkYrla-hml PesCLw_ Covnml 41ee, IA
Name Authorized Representative (type print)
Pa+6 ctc.
Loytq
Title
Cr-
signature--AuthorizeRepV5rnptive
/Date
HHSC
5/24/95
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
Federal Executive Orders 12549 and 12689 require the Texas Health and Human Services Commission (HHSC) screen each covered potential
contractor determine whether each has right obtain contract accordance with federal regulations debarment, suspension, ineligibility,
and voluntary exclusion. Each covered contractor must also screen each its covered subcontractors. this certification eontractor refers both contractor and subcontractor; contract refers both contract and subcontract. signing and submitting this certification the potential contractor accepts the following terms:
The certification herein below material reptesentation fact upon which reliance was placed when this contract was entered into.
later determined that the potential contractor knowingly rendered erroneous certification, addition other remedies available the federal
government, the Department Health and Human Services, United States Department Agriculture other federal department agency,
the HHSC may pursue available remedies, including suspension and/or debarment.
The potential contractor will provide immediate written notice the person which this certification submitted any time the potential
contractor learns that the certification was erroneous when submitted has become erroneous reason changed circumstances.
The words covered contract, debarred, suspended, ineligible, participant, person, principal, proposal, and voluntarily
excluded, used this certification have meanings based upon materials the Definitions and Coverage sections federal rules
implementing Executive Order 12549. Usage defined the attachment.
The potential contractor agrees submitting this certification that, should the proposed covered contract entered into, will not knowingly
enter into any subcontract with person who debarred, suspended, declared ineligible, voluntarily excluded from participation this
covered transactiori, unless authorized the Department Health and Human Services, United States Department Agriculture other
federal department agency, and/or the IiHSC, applicable. you have you anticipate having subcontractors under this proposed contract? ........................................................................ 0Yes
The potential contractor further agrees submitting this certification that will include this certification titled Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts without modification, all covered subcontracts and
solicitations for all covered subcontracts. contractor may rely upon certification potential subcontractor that not debarred, suspended, ineligible, voluntarily excluded from
the covered contract, unless knows that the certification erroneous. contractor must, minimum, obtain certifications from its covered
subcontractors upon each subcontracts initiation and upon each renewal.
Nothing contained all the foregoing will construed require establishment system records order render good faith the
certification required this certification document. The knowledge and information contractor is.not required exceed that which
normally possessed prudent person the ordinary course business dealings.
Except for contracts authorized under paragraph these terms, contractor covered contract knowingly enters into covered
subcontract with person who suspended, debarred, ineligible, voluntarily excluded from participation this transaction, addition
other remedies available the federal government, Department 1-Iealth and Human Services, United States Department Agriculture,
other federal department agency, applicable, and/or the HHSC may pursue available remedies, including suspension and/or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
Indicate the appropriate box which statement applies the covered potential contractor:
The potential contractor certifies, submission this certification, that neither nor its principals presently debarred, suspended, proposed
for debarment, declared ineligible, voluntarily excluded form participation this contract any federal department agency the
State Texas. fhe potential contractor unable certify one more the terms this certification. this instance, the potential contractor must attach explanation for each the above terms which unable make certification. Attach the explanation(s) this certification.
Vendor I[) No, Social Security No.
Name Potential Contractor
HHSC Contracp No. (ifapplicable)
InkmaficAnl Dscue CoMmUTkt6.
Printed?yped Name and Title Authorized Representative
qa+fic(0. Lot.kg
Cr-b
Sigvature Authorize Represe
5/22/95
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
DEFINITIONS
Covered Contracts/Subcontract.
(1) Any nonprocurement transaction which involves federal funds (regardless amount and including such arrangements subgrant and are
between HHSC its agents and another entity.
(2) Any procurement contract for goods services between participant and person, regardless type, expected equal exceed the
federal procurement small purchase threshold fixed U.S.C. 2304(g) and U.S.C. 253(g) (currently $25,000) under grant
subgrant.
(3) Any procurement contract for goods services between participant and person under covered grant, subgrant, contract
subcontract, regardless amount, under which that person will have critical influence substantive control over that covered
transaction: Principal investigators.
Providers audit services required the hIHSC federal funding source.
Researchers.
Debarment. action taken debarring official accordance with CFR Part (or comparable federal regulations) exclude person from
participating covered contracts. person excluded debarred.
Grant. award financial assistance, including cooperative agreements, the form money, property lieu money, the federal
government eligible grantee.
Ineligible.
Excluded from participation federal nonprocurement programs pursuant determination ineligibility under statutory, executive
order, regulatory authority, other than Executive Order 12549 and its agency implcmenting regulations; for example, excluded pursuant the Davis-Bacon Act and its implement regulations, the equal employment opportunity acts and executive orders, the environmental
protection acts and executive orders. person ineligible where the determination ineligibility affects such persons eligibility
participate more than one covered transaction.
Participant. Any person who submits proposal for, enters into, reasonably may expected enter into covered contract. This term also
includes any person who acts behalf authorized commit participant covered contract agent representative
another participant.
Person. Any individual, corporation, partnership, association, unit government, legal entity, however organized, except: foreign governments foreign governmental entities, public international organizations, foreign government owned (in whole part) controlled entities,
and entities consisting wholly partially foreign governments foreign governmental entities.
Principal.
Officer, director, owner, partner, key employee, other person within participant with primary management supervisory
responsibilities; person who has critical influence substantive control over covered contract whether not the person
employed the participant. Persons who have critical influence substantive control over covered transaction are:
(I) Principal investigators.
(2) Providers audit services required the HHSC federal funding source.
(3) Researchers.
Proposal. solicited unsolicited bid, application, request, invitation consider similar communication behalf person seeking
receive covered contract.
Suspension. action taken suspending official accordance with CFR Part (or comparable federal regulations) that immediately
excludes person from participating covered contracts for temporary period, pending completion investigation and such legal;
debarment, Program Fraud Civil Remedies Act proceedings may ensue. person excluded suspended.
Voluntary exclusion voluntarily excluded. status nonparticipation limited participation covered transactions assumed person
pursuant the terms settlement.
5/22/95
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
Form Number: CPP0434
HHSC Contract No.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
ANTI-TRUST CERTIFICATION
STATE TEXAS
COUNTY TRAVIS
CONTRACTOR hereby certifies HHSC that neither the CONTRACTOR, nor the
person represented the CONTRACTOR, nor any person acting for the represented
person has: violated the antitrust laws codified Chapter 15, Business Commerce Code, the federal antitrust laws; directly indirectly communicated the bid/offer associated with this contract
competitor other person engaged the same line business.
CONTRACTOR hereby assigns HHSC any and all claims for overcharges associated
with this contract arising under the anti-trust laws the United States, U.S.C.A.
Section et. seq. (1973), amended, and the anti-trust laws the State Texas,
TEX. Bus. Comm Code Ann. Section 15.01, et. seq. 1967), amended.
Authorized signature
lYI-2YYlG(.qOtl^ -j^SC.Il4 (OtMtM111Aw, lmC
Name ContractorNendor
Name IndiVidual
CV0
Title Individual
Effective Date: 04/02/2007
Revision Date:
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC Contract No. 529-13-0021-00001A
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Contract Amendment One
The Texas Health and Human Services Commission, hereinafter referred the Commission, and,
International Rescue Committee, Inc. hereinafter referred the Contractor, entered into contract
effective October 2013 through September 30, 2014, for the purpose providing Refugee Cash
Assistance. The Commission and the Contractor may, referred collectively the Parties, either
may referred singularly the Party.
The Refugee Cash Assistance (RCA) Program authorized Code Federal Regulation (CFR) 45,
Part 400, and funded the Refugee Cash and Medical Assistance (RCMA) Grant Catalogue Federal
and Domestic Assistance (CFDA) 93.566. The Texas Health and Human Service Commission
Texas state agency responsible for administering some the public welfare programs under the Social
Security Act. Federal law and regulations, well State law Chapter the Human Resources
Code, permit and authorize HHSC, subject certain limitations, enter into agreements with public
private agencies for the purpose providing social and/or other services for the benefit eligible
individuals and accept and expend funds received from public private agencies for such purpose.
Since the Contractor desires provide services for the benefit certain eligible individuals described
herein, HHSC and the Contractor make this contract amendment.
The Parties agree renew this contract for federal fiscal year 2014 continue the contract service
provision. The total amount this contract, renewed, increased by$20 3,060 for revised total
S405.010.
II.
The renewed Plan(s) will maintained file with the Commission part the contract amendment.
Any change, modification amendment thereto, must made with the prior written approval the
Commission except otherwise provided this amendment and any such change, modification
amendment, of, such Plan(s) not effective until approved the Commission. Such original contract
documents, including the Plan Operation Summary and Budget, together with any approved
amendment maintained file the Commission will considered the controlling instrument
case any dispute arises relative the wording any portion such contract, implementation plan
amendment thereto.
This Amendment between the Parties consists this Agreement; the attached Plan Operations
(attached and incorporated reference Exhibit and Budget (attached and incorporated reference Exhibit B). accordance with the requirements 2155.005, Texas Government Code, the Contractor hereby
certifies that neither the Contractor, nor the person represented the Contractor, nor any person acting
for the represented person has: violated the antitrust laws codified Chapter 15, Texas Business
Commerce Code, the federal antitrust laws; directly indirectly communicated the bid
competitor other person engaged the same line business.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC Contract No. 529-1 3-002 1-0 0001A
The following marked listed certification(s) is/are file with both the Health and Human Services
Commission and the Contiactor sub-grantee and is/are hereby incorporated into this contract
specific reference:
(I) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Covered Contracts;
(2)
(3)
(4)
(5)
Certification Regarding Federal Lobbying;
Child Support Certification;
Nondisclosure Statement; and
Anti-Trust Certification.
IV.
The contract amendment effective October 2013 through September 30, 2014. All other terms and
conditions the contract not conflict with this renewed contract are continued full force and effect.
Each party has caused its authorized representative execute this renewed contract the Effective
Date.
Texas Health and Human Services Commission
By:
By:
Printed Name:
Title:
Date:
Agency Name: International Rescue Committee.
Inc.
Kyle Janek, M.D.
Executive Commissioner
lXI`3
Printed Name: Patricia Lou
Title: CFO/Senior Vice-President Firiance and
Administration
Data:
IC-
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC Contract No. 529-13-0021-00001A
AMENU:^fEN1 ONE THE
AGREEMENT BETWEEN THE
TEXAS HEALTH ANIDHI1b7AN SERVICES COMMISSION
AND THE
INTERNATIONAL RESCUE COD7M171EE. INC.
FOR
REFUGEE CASH ASSISTANCE PROGRAM
ExHtRII
CONTRACTORS APPROVEU PLAN OPERATIONS
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
STATE TEXAS
Health and Human Services Commission
Office Immigration and Refugee Affairs 2014 Refugee Cash Assistance Program
Contract Plan Operation Summary
Contractor:
International Rescue Committee, Inc.
Contract Term:
10/01/2013 09/30/2014
Contract Number:
529-13-002 -0000
Contract Amount:
$203,060
Geographical Area Services:
Dallas County, Texas
Service Description:
Provide Refugee Cash Assistance, eligibility
determination and payment client benefit for eligible
clients.
RCA:
Contractors are required report client activity using the
Refugee Data Center (RDC) database. Contractors are
required follow all rules and policies stated the
Refugee Cash Assistance Provider Manual.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
HHSC Contract No. 529-13-0021-00001A
A;IIENDMENf ONF, THE
AGREED/ENT BETWEEN THE
TI:XAS IIEACfH AND HUMAN SERVICES COMMISSION
AND THE
INTERNATIONAL RESCUE COMMITTEE, INC.
FOR
REFUGEE CASH ASSISTANCE PROGRAM
EIHIBIT
APPROVED BUDGET
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
REFUGEE PROGRAM FFY 2014
Lead Contractor Agency Name
Address
Contract
Contract Term Dates)
International Rescue.Committee, Inc.
65001Greenville AvenueSuite #50_0^_Dallas;Texas75206 529=13=0021-00001A3; ...,
10/1/2013:THRU 09130/2014: ^.:s
PROGRAM this the budget proposed Subcontractor? yes, list the Subcontractors Name:
,r^^Budgef^Catego:^ ^Furidin
Personnel
WA08;967i98^
Friri
30;511?04):
Travel
EquipmenUControlled^
%1s3 ts^^A^^^._ ^$kf^^ 695 OOK
^d. pplies
1$W2;764A0=
Contractuaw-^^^^^
^`^,_ ^.-;=Cbntractual: Suticontra`ctors^ ^^.^ .^Fun`din
Other Costs
$4F>_42;369:25
otliDirectCosts^ B$i=u185307:27;; -^a`xx^^`
Indirect Costs
i$r.17;752A4^ ,$?:^l?^
Total-W -91:8
^$.^!:. 203;060: v,t,;^
ontiactuarTotal $^Wjw:`:)r
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
PERSONNEL BUDGET SHEET
r,InteinatibnalRescue,Corhmittee;lnc:^-,^^^;
AGENCY
SUB
PROGRAM
,..
;*: a:REFUGEECASH:ASSISTANCE!t.^
Positio`n Trtle Employee Nme^^^
^.;^-`
^^`^ ^`^^
a:w
Justificatfon.}or^ Percent:Time
niiual:Salary
Example Chief;F,inanaal;Off
:SU
Frovidesrinancial:zc`countability,ofprogram^,^^=e,`,q,
Example P,rogiam;Director;?JOFinDoe^t:,^sw,;#
Directly, 3upeniise`s;ttiis programsstaft
>._.^^
e.Timea Pro qram=To taL
60,000e 4M,25:00%6 35;re. _15;OOOi00S
050;000I
O00%8 !4^4r,t5,000.00; wp1^^^;r,f-r ;^^`^^?t RCXPropram Coordiriator Julie`Markovit2 a%%S
DrectN7suDervsesRCAprogram--!i: De0utjl Directoi;: Cisa: Levns 43;740;
aoo:oo%
67,846 ._.. .._..Pro4ides ram oversi andoutreach ^:^ Einployrtierit`ErtipiSpeoYukari^GaPcia ^..*.7 .:.:
43,140
1,357
30597
.::.`i20.00%
6,118 57,018
=.>.:2:00%
1,140 Eze6utive.Dvectoi;lDebf.Wheeler:4^;, 89,520 -::-^25.00% supervision and oompbaiice ^.^ Flnaiice-ManaqerNihada7Sose4ic
57997, 25:00%
Pioviiles fmancialsenilcesaiid fihancialaccountabili^t th^rogram Finaiice:Cobrdmator;Wacant
6,952 25.00
roqram.Gouchersych_eik writing`ariAdistnbutmg ^+E ::. Recept/FinanceASSitaot AnaGaliritlo
:28,68f
25:00%
22.380
D^reGly^supervises.RCA iamiri`AbJenett:^^: ^^? Res:Director Su`sanrietubangW-:?:
Fr06ide5programoveisigtit enil outreach r:P C=s:^
--+^
Generates programJouchers; cHeok writlrig arid^tlistributing_:`.: HRCOOrd7nator;:Vaoant 35,700 ::^425.00%
14,499
4,238
7.170
8,925
Person nel 7ota
;;v:108; 968
^Ttierowdirect^ly^b^owP^osiGon Tltle EmployeeNat^egtsobeu^
sed^to^ezplaln^howt^hat
^Posdwn diiectlvsuoportsahe P.roOram in^ter oLtasks welhas the .;^^s. ^--
^FringeBene^ts^
NOTBased^o^ ^^^s^^ ^^^
Health Insurance
01940f
Unem ment
;=-
Workers Comp
Short Term Disabili
Lon Term Disability
Retirement
Pension
401
403
Other/S ecit
6;745s
5421,
Total ^25;074`
TOTAL FRINGE BENEFITS :;$^t 30;51^tx`.
T^,he ernploye^sha^eof^pa^yroll#tazes=and`otherFtmg^Beneds expens esare,to^be^stedon^? page CHARGES FOR PAYROLL^S RVICES^ARE BELISTED THt:OTER COSTS^WORKSHEET^ Tfie Federal Insurance ContnbutiorisTAct?(F^ICA)^s^epreserited byttie add^tibn df,Social
^^ty
^/^r
a-i Fr^Cp^ IF^YOU
^er:o
Sec ^Me^dic^. atat
are
CHOOSES^NOTTO CHARGEQTHIStO1RA^^DDlPROGRAM-EOR^THE,6ULt [:^7
65%..
THEN3STATEtIN^YOURrBUDGETm^JUSTIFICATIONGTHAT^NON-OIRA^F.UNDINGTSOURCES
IN^YOUR ORGANIZATION^ARE4TAKING^RESPONSIBILITY^FOR TNOSE COSTS^
Use` OtheNSpecify for expensessthatTdoriot fit mto any ihe otFTer Fnnge Benefds^
^a9^
categonesrproVided above: those Other/$pecify expenses cannot represented
commonpe bent
^list the percent and enter the combined total amount ofeall ofathe
yOther/Specif^emxpenses;urider ApplicableISalary^THENiDESA IL^ALL^:OF$THE
OTHEFVBRECIFY^EXPENSESBYsI7 EM^UNIT^COST.NAND^TOTAL GOST^INxTWE
BUDGET6 USTIICATION.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
TRAVELBUDGETSHEET
AGENCY 1:.2 ema,on-.,,.-escue omm^ ee., nc::
SUB
PROGRAM
:3,^,^s,rc k;^ ^lz:#iEFUGEE^;CASHASSISTP,NC^E ^.+ -^^.^
PERSONAL VEHICLE MILEAGE not exceed the State Rate) ,1Rate/Mlle;: =Totaln:c?;
Mileage Total
ERplananon tor,a_IIPut StateAravel must tie?lpciimentetl on-the Budget dustifica6on^
v.vrksheet Travelr5tes wdt diNar loeahon.tioth state and out ofat5te NOTE Pnora
^a^^xa s-xr
authorizabon fromHHSC must recewed.for.al4Out-ot State?Tiavel (inclurle the expenses azv
HOTEL CHARGES not exceed the State Rate for In-State Travel GtyMA ::# Niphtsx t#Rooms! UMRate
..^.ss
.:.n.
Tolal-^+^
Hotel Total
PER DIEM (not exceed the State Rate for In-State Travel 4Personsiv^ L-=7Days>;;
AWOtal?i Ratelz^s
-;::.n.I
Per Diem Total ;Srt`?i vi:^aa`?N:+=F
AIRFARE
e^Desbnatidrij 1#Peisoas, W_,SRate
5?^s.`.4?:^
RP. X1,_^%W-IQ =ti.3Total Ww.
>;z
Airfare Total
GROUND TRANSPORTATION
Taxis
Air Shuttles
Other
Ground Transportation Total 4er;^+>^.i^M,.^-i
TRAVEL-RELATED PARKING
t^caGOn
Other
^rAinount.v Q^s^
.^:,... _.7.^^Z,_a.:..:1
Parking Total
:^?-=TOtzlr;`-
;$F>r-; ;_,-^
Unlessthe`conVactor has anagericy wide BoaiE:approveEpolicy Rstesmusl reasoriable
antl`adhere,to slatedates noted ^^^ Piowde diitailexQlanaboNcalculauonsFOr,t travel relatedeirpenses dier this section
budge sbficefion
^yh^ ^>i^ ^a. ^^,^
the
ljt
,:=r
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
EQUIPMENT BUDGET SHEET
AGENCY
SUB
PROGRAM
,#Intemational;RescueCommittee, Inc s^;REFUGEE;GASH#ASSISTANCE
Capital equipmens
quipment ha^ I^fe^spa^ oi^at least one (1) year and an^on9iwa Iue
J;y
over 000 KAl ,capdal.equipmentthat?m ets thistthr shold;reqwres:preapproval:bef oecurchasin
Coritrolled assets are all firearms rriedical/labo`ratory equipment emeigencymanagement equpmen qwpmen (suc ded reeo ers, cameras protec ors ptayers TVs,^
^^^^^^^^
^^-^:
VC^Rs{;camco ders D^tay^)^com^^
puter^^and comm at^on^ ices and^system^s {s. uch ask_.
dev
but not 2mi^
ted ^machmes ,^^ ^one han dhetd} ckbe ry4d age
ell^ph ^+^ ,^^
^^d
ieleaop ^er gre
^^^
^^tha^$50 Contro lled sets q^p re^app^,^a^, be^ ^^pu^ g^l^t e^,,
for rchasin
eqwpm ently bud does^ fall tho paramet ewl ste ,on^t he^Supp
,wr
worKSneeC:s?ri
Capital Equioment
...d.
^^..
^:^Af
A?t..
Total Equipmentjz;$
Desc`riptionF
r1desktop;computei
Controlted Assets
;ffi_M JLife!Eiijiectancy;
^Amourit^+^
;695:00
EXII Total,^^`
r;t 00%
695
Controlled Asset Total w$k^^695`:
Total Controlled Assets/Equipment (i$w::
695:
NQ1ES the Budget Justication qhst theEEqwpment^Total/Controlled Assei^(just the GrandaTotal -=do
^.ro^^k
.^^^t-rx^`*^,^.Gtw/d*4^
`^^
dupli c^te^he9n^formaTion above)fa^provide explanation the Need and Necessiry for tfie ipmenUAsset Captial Equipment andzSupplies with^a=Unrt Cost O00 more and^ControlledrAssets paid by,OIRA;
ndm
ate
p^^Asuc awa kee
rty
p`St t^^ ipmn dSupplie smai HSC^ Equ
ked mvento orts _p.Y!cal^ record
and P..p@.Y -^^^
P_P rtY^_. ^^..r ^^>r3y,
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
SUPPLIES BUDGET SHEET
AGENCY
SUB
;Internationalf3e due;Committee^incia^^ ^T-,
PROGRAM
REFUGEE;CASH ASSISFANCE
NOTE ^fte^r Irst
^mg^a113of heSu^pplies_in^^theD^e^s criptron^ca^ gone^s^b^elow^ it^erri$ e^AL^L^t the Suppliesgby^
Item, Unrtost and TotalsCost the I^temizatron;Box exce General Office S^uoghesi^
^^^ ^m^
^^Descii
mountw
General Office pplies 2,764
Client Education pplies
Client ment-Trainin pplies
Client Work Clothes and Tools
Electronic pplies
Furniture
I^:_^;^O
Other Supplies
Supplies Total ,$2^ 2;764;;
ITEMIZAT ION^ Betbwhst all Items Uriit Costs`arid^TotaFCost Extenttons Metch the Line Item Amount
cotumh above (do;NOT Irst; demize^or detadtthe General ONtce Supphes betow)^For each dem ealsb bneily;
(IPRCIIL]E WFIV IC.NPPfIP(^;A/f[I NP!_PRCAN ^flf,}IlPr1Y(1ff^AlY1..:.=(.Y
r^^.^. ..^.^1p n.-.1.. u.^v_nu^u^Y:.?2a^VN.^:^^c-^^..^^-K.
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
OTHER COSTS BUDGET SHEET
AGENCY
SUB
PROGRAM
;^y ,fV
?Ihterti2tiorial;Rescue-Committee;^lno:;= ^^?
0^^s
PREF-.UGEEICASHASSISTANCE.
---,^i^^^-^$^
NOTE Jf.expendttureis charged;directl to. program ttieq .wdl tie;tOD and^eheck,[aneltem Box
fAgency;Annual
escnption
kTOtat^^ Expense^ =Proqramy%
RENT 1L.^^^c`A
26;390.
Main Office
-105;561::00;
25:00%
26,390
Satellite Office/Off Site/Classroom
r$c
-,.^^rn^^
W,UTILIT1ES
Utilities
Main Office Included
Rent
Satellite Office/Off Site/Classroom
ADMINISTRATIVE
^10;7041
Accounting Fees
Advertising Line Item
Audit Fees
Copier Leases
2,730 Line Item
Copier MaintenanceAgreements Line Item
Insurance (DO, Fidelity, Liability)
2,934
Janitorial Services
Payroll Services
Postage and Overnight Shipping
570 Line Item
Printing
180 Line Item
Security
Telephones/Pagers
^K^^OTHER rADMINISTRATIVE
ISP/Internet/Website Services
Membership Dues
Subscriptions/Publications
1.^DIRECT CLIENT:SERVICES
Childcare
Bus Passes
Taxi Vouchers
Other Transportation
Translation/I nterpretation
Client PRP Exams/Fees
Vocational Course Fees
OJT Subsidies OTHER Y(LIST)
Conference Fees
Staff Training
Leased Vehicle Expenses
Sbftware agreemenf,
Bank Fees _.,
IT:Harware :?.
4,290
^=13;-,150:
3,150 Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item
$.x,n.,
.3;000:00= 400.00
;3100.00`
2;:125
750
600
775
Other Total j:$.^;:; ,?^r 42;369i Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item Line Item
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
IMMIGRATION AND REFUGEE AFFAIRS
INDIRECT COSTS DGET SHEET
AGENCY
Intemational. Rescue Committee;lnc:S`
SUB ROGRAM
?fA
^yky,iJ^,`Trof^.^x^f^ xr.I,srt
=W^{^
e,^^+
^vaS^
eREFUG CASH;ASSIST.ANCE`
r;! ks^^Ind^Fect;Cost-Rat reemerit=w^
:.P,rovisw nal
-^10/1/201.1.until amended
Type
Effective Period
Rate
Applicable
US1Pro rams
Base rovisional [he Ne9 otiated Indirect CostRate Ag^eement with IRC
^^v^^^;^^^ Indireot;Cost:Comutation^;
^^s ^:Rate
185;307i2T,`
9[58%,
17,752 ^`-^ 5hy
Indirect Costs Total *ibi+
$U,.,-s^r^^^41
szAttach`a;Copy: ofathe^cu rren 6lndirect;Cost=Rate ^Agreement^=:
See;tNe Off^ce Management,and,Budgeh(OMB) Circular A^122
Cost Prmciples fo[Non=^
^Pfit
General P,nnaples to^be used determmmg Indirect ^^g :^.^
-^-34 r^^^:^^mr^ =^^^ ^^.^ ^^s Costs
^-^^^^ _^s -.^ar t^. wui, m;veiermmng^ine CaseFAmount when,tI x-T kF*
pprov :Base mvolves
All Direct Costs Total Contract Award (or Total Contract Award minus costs not chargeable Direct Costs) Indirect Cost Rate Agreement
Base Amount Direct Costs (costs chargeable Direct Costs)
Example using Rate 12.1%) $91,465.00
(1+R)=1+12.1%=1.121
Base $91,465.00 1.121 $81,592.33
Case 3:15-cv-03851-N Document 1-10 Filed 12/02/15
Texas Heatlth and Human Services Commission (HHSC)
Office Immigration and Refugee Affairs (OIRA)
BUDGET JUSTIFICATION
02-`:fnfema6onal^RescueCornmittee;
AGENCY
SUB
=;fiEFUGEECASHASSISTANCE; 71-,^?;5 ei1
PROGRAM
.....^m ...
Bud9 et`CateorYa,^^o:_.t
Fringe Benefits`^Provlde clear calculahonsand detalls_bfahe Other/Specify Lmetenl. -Prnvld
^yenames other tundmg sources,1f
oura e`n ^char esless.theri-7i659,focFICA+
^^Ml^
of2rt nfull gat!
tot
O:her/5 Lfe and Accioent lnsurance 1.14 staff rofessional training 115%, and otner insurance and benehts at%.
T7avel detall tfieAut-of StateT{avel (puryoseol tnp andstaff) piovlde^iietalled caldulatwns nemshsted under Out State
tia^GroundJiaris ortation, Pal