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1999-112-PUBLIC HEALTH SERVICES CONTRACT CHANGE NOTICE NO. 01, DOC NO 7560022067 00 RESOLUTION NO. 99-112 WHEREAS, the State of Texas is a funding partner with the County of Lamar and the City of Paris for the Paris-Lamar County Health Department; and, WHEREAS, the Contract for Public Health Services, TDH Document No. 7560022067 00, and Contract Change Notice No. 01 to the same are the conduits through which the state funds are received; and, WHEREAS, it is appropriate that the form of Contract Change Notice No. 01 to said Contract, attached hereto as Exhibit A, be approved, and that the City Manager, Michael E. Malone, be authorized to execute the same on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of Contract Change Notice No. 01 to the Contract for Public Health Services, TDH Document No. 7560022067 00, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, Contract Change Notice No. 01, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 9th day of September, 1999. m4~()A1n0lt~ Mary Ann IS er, Mayor Pro Tern ATTEST: ~~\ ~u~~~,,~smJ Mattie Cunningham, City Clerk APPROVED AS TO FORM: St ph nie H. Harris, Assistant City Attorney f) TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Document No. 75600220672000 CONTRACT CHANGE NOTICE NO. Ql COUNTY OF TRAVIS The Texas Department of Ilealtll, hereinafter referred to as RECEIVING AGENCY, did herelofore enter into a contract in writing with PARIS-LAMAR COUNTY HEALTH DEI'ARTMENT hereinafter referred to as PERfoORMING AGENCY. TIle parties thereto now desire to amend sueh contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT. NO. 03: DNS - WIC CARD PARTICIPATION All terms and condilions not hereb amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON TilE DATES SHOWN. Authorized Contracting Entily (type above if different from PERFORMING AGENCY) for and in behalf of; PERFORMING AGENCY: RECEIVING AGENCY: I'ARJS-LAMAR COUNTY m~ALTII DEPARTMENT (Signature or person aUlhorized (0 sign contracts) TEXAS DEI'AI~TMEN1~.0: II?/ LL Dy: /:~ person authorized 10 sign contracts) Dy: MICHAEL E. MALONE, CITY MANAGER (Name and Title) Sidney P. Shelton, Chief nllrc3U or Financiill Services (Name and Title) Date: Date:~'11 ,...: 1..\ RECOMMENDED: DM GMD - Rev. 3/9'J Cover Page I , EXHIBIT A DE \ILS OF ATTACHMEh 1'S Aul TDH Term Financial Assistance Direct Total Amount Amd Programl Begin Assistance (TDH Share) No. m End Source of Amount Funds. 01 COPHlPRIMARY 09/01/99 08/31/00 State 211,415.00 0.00 211,415.00 02 BRLHO/V AC 09101/99 08/31/00 Slate 93.991 121,404.00 0.00 121,404.00 03 BNSIWIC-CARD 10/0 I /99 09130/00 10.557 93.268 0.00 0.00 0.00 TDH Document No.7560022067 2000 Totals $332,819.00 $0.00 $332,819.00 Change No. 01 .Federal funds are indicated hy a number from thc Catalog of Federal Domestic Assistance (eFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. . ,"': 1\ Cover Page 2 DOCUMENT NO. 756002206700 ATTACHMENT NO. 03 PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES TERM: October 01, 1999 THRU: September 30,2000 SECTION 1. SCOPE OF WORK: PERFORMING AGENCY shall provide supplemental food vouchers, nutrition education, and immunizations to enhance good health care at no cost to low-income pregnant and postpllrtum women, infants, and children identified to be at nutritional risk. In meeting this goal, PERFORMING AGENCY shall: A. Perform professional, administrative, and clerical services necessary to provide special supplemental food vouchers and nUlrition education to qualified women, infants, and children in a specified geographic area. Services shall be performed according to the terms and specifications of RECEIVING AGENCY'S Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or the United Slates Department of Agriculture (USDA) as referenced below. During the term of this Attachment, USDA will issue regulations, instructions, policies, and/or directives which may be incorporated into the State WIC Policy and Procedures Manual. PERFORMING AGENCY will provide services in the authorized geographic service area(s) described in PERFORMING AGENCY'S application and agreed to by RECEIVING AGENCY. PERFORMING AGENCY can change the authorized geographic service area(s) with approval from RECEIVING AGENCY. If RECEIVING AGENCY disagrees on change of geographic service area(s), PERFORMING AGENCY may terminate this contract with at least thirty (30) days written notice. B. Assist in the collection and evaluation of data which will identify medical benefits of this nutrition-intervention program and furnish financial, dietary, medical, nutrition-education, and any othef special reports in a timely manner as required by RECEIVING AGENCY Program's written policies for the compilation of such data. C. Determine eligibility of applicants, register participants, collect data, conduct measurements, provide nutrition education, and maintain records as required by RECEIVING AGENCY Program's written policies. ,"" A D. Make available appropriate health services to participants whose incomes do not exceed those specified in RECEIVING AGENCY'S Program policies, and inform applicants of available health services. PERFORMING AGENCY shall have a system in place to provide participants with the available health services or provide the services through referral(s) supported by written agreements with health care providers. A IT ACHMENT - Page 1 ., E. Issue pfenumbered food vouchers furnished by RECEIVING AGENCY to qualified participants, who will use such vouchers to obtain specified food items from participating vendors; maintain complete accountability and security of aU food vouchers received from RECEIVING AGENCY; and be held financially responsible for all unaccounted for food vouchefs and/or Ihose issued to ineligible participants. PERFORMING AGENCY shall be held financially liable for issuance of infant formula vouchefs which are not authorized or prescribed in the State WIC Policy and Procedures Manual. F. Review the immunization record of WIC Program applicants/participants and provide immuniz.1tions as needed, using staff funded under this Attachment in accordance with the WIC Policy and Procedures Manual provided by RECEIVING AGENCY to PERFORMING AGENCY or as othcrwise approvcd in writing by RECEIVING AGENCY Program. G. Offer services during cxtendcd hours of opcration outside the tnlditionaltimes of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to a plan approved by RECEIVING AGENCY. . H. Implemcnt or expand PERf-aRMING AGENCY'S brcastfecding peer counseling program for training and salaries of pcer counsclors who assist prcgnant and breastfeeding WIC participants in normal breastfceding situations, whcn funding is available, if participation in this program is requestcd by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. I. Provide lactalion consultation scrviccs to WIC clients who have brcastfeeding problems that are beyond the expertise of their local WIC staff and/or peer counselors using International Board Certificd Lactation Consultants or the most qualified equivalent. RECEIVING AGENCY will provide written approval of PERFORMING AGENCY'S request for lactation consultation scrvices which must include qualifications if PERFORMING AGENCY proposes to usc a non-certified lactation consultant. J. Assure adequate stiff coverage and uninterrupted delivery of WIC services if any member of PERFORMING AGENCY'S staff is approved in writing by the RECEIVING AGENCY to participate in RECEIVING AGENCY'S dietetic internship program. This internship will consist of no less Ihan 900 hours of superviscd learning experiences in a variety of nutrition-related facilities and will prepare PERFORMIING AGENCY'S selected staff member to better meet the needs of WIC participants. K. RECEIVING AGENCY m.IY provide breastpumps for cligiblc WIC participants eilher by purchasing and distributing breastpumps to PERFORMING AGENCY or by authorizing PERFORMING AGENCY to purchasc or lease the breastpumps. If PERFORMING AGENCY is authorized to purchase the breastpumps, RECEIVING AGENCY will provide written notification of the specific types of breastpumps and collection kits, the inventory levels permitted, and cost guidelines. If this requirement is implemented, then the actual cost of breastpumps purchased by PERFORMING AGENCY will be reimbursed by RECEIVING AGENCY utilizing WIC Food Grant funds. When PERFORMING AGENCY receives or is authorized to purchase breastpumps, NUlrition Services and Administration funds may not be uscd for that purpose. The cost for the purchase of the ~ A A IT ACHMENT - Page 2 breastpumps will not affect administrative surplus calculations. The number and cost of the breastpumps purchased must be identified separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, Form B-13). PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment untess replaced by subsequent amendment. The following documents are incorporated by reference and made a part of this contract AlIachment. These include: . 1. 2. 3. 4. 5. Child Nutrition Act of 1966, 42 USC 1786; Uniform Federal Assistance Regulations, 7 CFR Parts 3015 and 3016; Applicable federal regulations located in 7 CFR Part 246; State WIC Policy and Procedures Manual located in 25 TAC * 31.1, ,md RECEIVING AGENCY Client Services Standards for Public Health and Community Clinics, revised June 1997. All amended guidelines will become effective within thirty (30) days of receipt by' PERFORMING AGENCY. If PERFORMING AGENCY does not consent to comply with these guidelines, PERFORMING AGENCY may exercisc the termination option set out in the General Provisions. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, PERFORMING AGENCY'S effectiveness in providing the services described in this contract AlIachment, without waiving the enforceability of any of the other terms of the contract. 98% of families who participate in the WIC program by receiving food vouchers shall also receive nutrition education classes or individual counseling services to coincide with food voucher issuance; Of all pregnant women who enter the WIC program, at least 32 % shall be certified as eligible during the period of the first trimester of their pregnancy; 87 % of clients who are enrolled in Ihe program, excluding dual parlicipants, transfer locked and/or migrant clients, shall participate as food voucher recipienls each monlh (breast-feeding infants are also included in the client count); 40% of infants whose mothers were participants in the program during pregnancy shall be breast- ,+ t- fed at or before the time of their certification of eligibility; and 98 % of clients who indicale during the enrollment process that they have no source of health care shall be referred to at least one source of health care at cerlification of eligibility. A monthly activity report which demonstrates PERFORMING AGENCY'S efforts towards meeting assigned annual targets shall be completed and submilled to RECEIVING AGENCY within seven (7) working days after the end of each month. SECTION II. SPECIAL PROVISIONS: A IT ACHMENT - Page 3 General Provisions, Assuranccs Article, is hereby amended to include the following: PERFORMING AGENCY hereby agrees that it shall comply with Title VI of the Civil Rights Act of 1964, 42 USC ~~2000d et seq., Title IX of the Education Amendments of 1972, 20 USC ~~1681 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC ~794, Age Discrimination Act of 1975,42 USC ~~6101 et seq.; all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR ~~50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation under any program or activity for which PERFORMING AGENCY receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Attachment. PERFORMING AGENCY shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service, has the right to seek judicial enforcement if PERFORMING AGENCY violates any nondiscrimination laws. This Assurance is binding on PERFORMING AGENCY, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Departmenl of Agriculture. The person or persons whose signatures appear on the COVER PAGES of this Attachment are aulhorized to sign this Assurance on behalf of PERFORMING AGENCY. General Provisions, Standards for Financial and Programmatic Management Article, Item A, regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are not applicable to this Attachment. General Provisions, Advance Paymcnts Article, is not applicable to this Attachment. However, PERFORMING AGENCY will be allowed the option of receiving a two-month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Ovcl-time Compensation Article, is not applicable to this Attachment. General Provisions, Terms and Conditions of Paymcnt Article, is hereby modified to include the following paragraphs: The participant caseload will be assigned by RECEIVING AGENCY Program by giving written notice to PERFORMING AGENCY and may be subject to change from time to time upon written notice to PERFORMING AGENCY from RECEIVING AGENCY Program with PERFORMING AGENCY'S concurrence. PERFORMING AGENCY assumes liability for all food costs resulting from PERFORMING AGENCY exceeding assigned caseload. The number of individuals served in excess of assigned case load are not to be included in the calculation of earned administrative funds as described below. ~ '" AITACHMENT - Page 4 RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative costs which include participant referral, vendor evaluation, nutrition education, general administrative support, start-up costs, outreach, applicant screening, and food voucher issuance. . Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon Ihe sum of the pafticipants who actually receive food vouchers each month plus infants who do not receive any food vouchers whose breastfeeding mothers were participants, to the extent that the total so derived docs not exceed PERFORMING AGENCY'S total assigned caseload within any given month. Surplus funds (Ihe amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Allachment term. Surplus encumbered by September 30 must be billed and vouchers received by RECEIVING AGENCY no later than December 31. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of Ihe AlIachment, PERFORMING AGENCY will earn admipistrative funds at the rate of $~ for each participant served as defined above. . PERFORMING AGENCY shall provide immuniz.1tions under the WIC Special Initiative through December 31, 1999, unless otherwise notified in writing by RECEIVING AGENCY no later than November 30, 1999. Immunizations administered and funded under the WIC Special Initiative to WIC participants/applicants and their siblings will earn administrative funds at the rate of $5.26 pef immunization as reported to RECEIVING AGENCY via the Texas WIN automaled system. The per-shot rate is based on actual cosl. When the study of cost-per-shot shows a different actual cost, then lhe rate of compensation paid per-shot will change. The PERFORMING AGENCY will be notified of the change and will have thirty (30) days to provide wrillen notice to the RECEIVING AGENCY if it intends to terminate this conlracl. PERFORMING AGENCY agrees that: (1) PERFORMING AGENCY shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education. Nutrition education expenditures shall be supported by documentation of participant allendance or non-allendance. (2) RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative expenses at a rate not greater than 5.26 times Ihe amount of properly documented expenditures for nutrition education, but not more than is earned based on actual participation not to exceed PERFORMING AGENCY'S assigned participant caseload, plus any incentive funds allocated to PERFORMING AGENCY by the RECEIVING AGENCY. ,&.: (\. . (3) RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the lesser of the fate approved by RECEIVING AGENCY'S Fiscal Division or twenty (20) percent applied to PERFORMING AGENCY'S total direct salaries plus benefits reimbursed by RECEIVING AGENCY. However, approval shall be obtained from RECEIVING AGENCY'S Fiscal Division before the recovery of any indirect costs will be permilled with the exceplion of indirect costs recoveries using amounts contained in the A IT ACHMENT - Page 5 Uniform Grants Management Slandards (UGMS) for which approval can be granted by the WIC Program office. (4) RECEIVING AGENCY will identify annually to PERFORMING AGENCY an amount of funds Ihat must be spent for breastfeeding promolion. The allocation of breastfeeding funds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S proportional share of Ihe slate wide combined total of pregnant and breastfeeding participanls as reported to RECEIVING AGENCY. (5) RECEIVING AGENCY also reserves lhe right 10 withhold a proportionale amount of earned administralive funds when evidence exists Ihal nutrition education and/or breastfeeding promolion is not being provided by PERFORMING AGENCY, or PERFORMING AGENCY is not complying wilh lhe provisions of USDA and/or RECEIVING AGENCY directives. (6) RECEIVING AGENCY reserves lhe righlto ulilize a compelitive offering for the award of any future contracts at the end of lhe lerm of Ihis Allachmenl. . (7) RECEIVING AGENCY may amend or terminate this Allachmenl if available funds become reduced, depleled, or unavailable during the term of the Allachmenlto the extent that the WIC Program is unable to provide administrative funding at the rate(s) shown above. RECEIVING AGENCY will provide writtcn nolificalion 10 PERFORMING AGENCY of such facl. (8) RECEIVING AGENCY may pay for additional scrviccs as specified in this Attachmenl if provided by PERFORMING AGENCY during the lerm of Ihis Attachment (but not otherwise paid during the term of this Allachmenl) if il is in the best interest of the State and RECEIVING AGENCY Program to do so. If PERFORMING AGENCY exceeds the amount of earned administrative funds as stated above, PERFORMING AGENCY will continue to bill RECEIVING AGENCY for the services provided. If additional funds become available at a laler date for the provision of these services, RECEIVING AGENCY may pay PERFORMING AGENCY a share of lhese funds. (9) In compliance with Rider 47, Current Appropriations Dill and Senate Bill 938, 75th Legislature, RECEIVING AGENCY will provide incenlives to WIC local agencies to increase participation in the WIC program to the extentlhat federal funding is available. (10) RECEIVING AGENCY may adjust the base reimbursement rate defined above during the term of this Attachment if it is in the best interest of the State and RECEIVING AGENCY and if additional administrative WIC Grant funds are available. J,.' i:.. , PERFORMING AGENCY shall indicale separalely on lhe fitce of lhe claim for reimbursement (Slate of Texas Purchase Voucher, TDH Form B-13) Ihe cosls associated Wilh nutrilion education, breast-feeding, and olher administrative cosls. General Provisions, Program Income, paragraph one, is nol applicable to lhis Allachmenl. A IT ACHMENT - Page 6 .. General Provisions, Reports Article, second pafagraph, second sentence, is replaced with the following: A final report, Financial Status Report, Federal Form 269 (fOB Form GC-3), shall be submitted no later than December 15, 2000. General Provisions, Reports Article, paragraph one, is hereby modified to include the following: PERFORMING AGENCY shall submit Immunization Dose Forms on a weekly basis. PERFORMING AGENCY shall comply with instructions from RECEIVING AGENCY to transmit immunization activity by diskelle or via modem at intcrvals specified by RECEIVING AGENCY. General Provisions, Equipment and Supplies Article, is replaced with the following: PERFORMING AGENCY shall accept responsibility and financial liability for all equipment and supplies purchased with RECEIVING AGENCY funds, whelher purchased locally by PERFORMING AGENCY or by RECEIVING AGENCY and transferred to the care and custody of PERFORMING AGENCY. PERFORMING AGENCY shall conduct an annual physical inventory of all equipment purchased by RECEIVING AGENCY and submit it at a time to be specified by RECEIVING AGENCY. RECEIVING AGENCY reserves the right to recover the cost of equipment or supplies purchased by RECEIVING AGENCY and placed in the custody of PERFORMING AGENCY if such articles are lost, stolen, or otherwise unaccounted for. SECTION III. BUDGET: All categories of costs billed to RECEIVING AGENCY, and allocation of such costs, must be in accordance with the .Plan to Allocate Direct Costs" (PADC) submitted by PERFORMING AGENCY and approved by RECEIVING AGENCY. This document is incorpofated herein by reference and made a part of this Allachmenl. ,..: " ATIACHMENT - Page 7 , " CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS LOANS AND COOPERATIVE AGREEMENTS The undersigned ceftifies, to Ihe besl of his or her knowledge and belief that: (I) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or altempting to influence an officer or an employee of any agency, a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any fcdcral contract, grant, loan, or cooperative agreement. (2) If any funds other than fcderal appropriated funds have been paid or will be paid to any person for influencing or altcmpting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complcte and submit Standard Porm-I II, "Disclosure FornI to Report Lobbying," in accordance with its instructions. (3) The undersigned shall requirc that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Icss than $10,000 and not more than $100,000 for each such failure. 09-01-99 Date Print Name of Authorized Individual R 7560022067 2000-03 Application or Contract Number J.' l, I.... PARIS-LAMAR COUNTY HEALTH DEPARTMENT Organization Name P. 0 BOX 938 PARIS, TX 75460-0938