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2001-121-RES APPROVING/AUTHORIZING EXECUTION OF CONTRACT CHANGE NOTICE NO 01 (ATTACHMENT NO 04) RESOLUTION NO. 2001-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE NOTICE NO. 01 (ATTACHMENT NO. 04), REGARDING THE BNS - WIC CARD PARTICIPATION TO THE CONTRACT FOR PUBLIC HEALTH SERVICES, TDH DOCUMENT NO. 7560022067-2002; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUB.TECT; AND PROVIDING AN EFFECTIVE DATE. 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 City Council ofthe City of Paris did heretofore, on the 13th day of August, 2001, in Resolution No. 2001-120, authorize the execution of a Contract for Public Health Services, TDH Document No. 7560022067-2002, which is the conduit through which the state funds are received; and, WHEREAS, said contract is in need of an additional amendment, and it is deemed appropriate that the form of Contract Change Notice No. 01 (Attachment No. 04), regarding BNS- WIC Card Participation, attached hereto as Exhibit A, be approved, and that the City Manager 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, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Contract Change Notice No. 01 to the Contract for Public Health Services, TDH Document No. 7560022067-2002, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the City Manager 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 (Attachment No. 04), regarding BNS - WIC Card Participation, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of August, 2001. ~~~~ ATTEST: ~~'-~,~...."""" ~ -~~ Mattie Cunningham, City Clerk . TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS TDH Document No. 75600220672002 Contract Change Notice No. 01 The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with PARIS-LAMAR COUNTY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATT NO. 04 : BNS - WIC CARD PARTICIPATION All terms and conditions not hereb amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: RECEIVING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT TEXASDE~TMENTOFHEALTH By:aIJd~ ]) (Signature of person authorized to sig By: (Signature of person authorized to sign) MICHAEL E. MALONE, CITY MANAGER (Name and Title) Melanie A. Doyle, Director Grants Management Division (Name and Title) Date: tiel-lot Date: 08-09-2001 G AGENCY Director, if different om person authorized to sign contract eN GMD - Rev. 12/00 Cover Page 1 EXHIBIT A DETAILS OF ATTACHMENTS Att/ TDH Term Financial Assistance Direct Total Amount Amd Program Assistance (TDH Share) No. m Begin End Source of Amount Funds * I 01 BRLHO/SURVEY 09/01/01 08/31/02 State 93.991 121,404.00 0.00 121,404.00 02 ACFH/PHC 09/01/01 08/31/02 State 180,000.00 0.00 180,000.00 03 IMM/LOCALS 09/01/01 08/31/02 State 93.268 53,523.00 0.00 53,523.00 04 BNS/WIC-CARD 10/01/01 09/30/02 93.268 10.557 0.00 0.00 0.00 TDH Document No.7560022067 2002 Totals $354,927.00 $ 0.00 $354,927.00 Change No. 01 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 DOCUMENT NO. 7560022067-2002 ATTACHMENT NO. 04 j PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES TERM: October 01,2001 THRU: September 30, 2002 SECTION 1. SCOPE OF WORK: PERFORMING AGENCY shall provide supplemental food instruments, nutrition education and counseling, and immunizations to enhance good health care at no cost to low-income pregnant and postpartum 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 determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. PERFORMING AGENCY shall ensure adequate staff coverage and uninterrupted delivery of services. 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 States Department of Agriculture (USDA) as referenced in this Attachment. 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 and program rules. PERFORMING AGENCY shall 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 of data that shall identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by RECEIVING AGENCY Program's written rules and policies for the compilation of such data. C. Determine eligibility of applicants through assessment of their income, residence and nutritional status; provide nutrition education and counseling; provide immunizations; train staff; conduct outreach to potential applicants; make referrals to other health and human service providers; complete surveys as requested; and maintain records as required by RECEIVING AGENCY Program's written rules and policies. A IT ACHMENT - Page 1 D. Determine participants' access to health care, medical care and other human services, and malce appropriate referrals. PERFORMING AGENCY shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. E. Issue prenumbered food instruments furnished by RECEIVING AGENCY to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from RECEIVING AGENCY; and be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. PERFORMING AGENCY shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the State WIC Policy and Procedure Manual. F. Review the immunization records of WIC Program applicants/participants and provide immunizations as needed in accordance with the WIC Policy and Procedures Manual or as otherwise approved in writing by RECEIVING AGENCY Program. G. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Annual Plan of Operations as approved by RECEIVING AGENCY and incorporated by reference. H. Implement or expand PERFORMING AGENCY'S breastfeeding peer counseling program for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants in normal breastfeeding situations, when funding is available, if participation in this program is requested by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. I. Implement lactation services for WIC clients who have breastfeeding problems that are beyond the expertise of their local WIC staff and/or peer counselors using International Board Certified Lactation Consultants or the most qualified equivalent. Lactation services may also include staff training and lactation equipment. RECEIVING AGENCY will provide written approval of PERFORMING AGENCY'S plan to use lactation funding. The plan shall include qualifications of any non-board certified lactation consultant PERFORMING AGENCY proposes to use. J. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of PERFORMING AGENCY'S staffis approved in writing by the RECEIVING AGENCY to participate in RECEIVING AGENCY'S dietetic internship program. This internship shall consist of no less than 900 hours of supervised learning experiences in a variety of nutrition-related facilities and shall prepare PERFORMING AGENCY'S selected staff member to better meet the needs of WIC participants. K. RECEIVING AGENCY will provide three (3) types of breastpumps for eligible WIC participants by distributing breastpumps to PERFORMING AGENCY or by authorizing A TT ACHMENT - Page 2 PERFORMING AGENCY to purchase breastpump collection kits. If PERFORMING AGENCY is authorized to purchase the breastpump collection kits, RECEIVING AGENCY will provide written notification of the specific types of collection kits. If this requirement is implemented, then the actual cost of collection kits purchased by PERFORMING AGENCY will be reimbursed by RECEIVING AGENCY utilizing WIC Food Grant funds. When PERFORMING AGENCY receives or is authorized to purchase collection kits, Nutrition Services and Administration funds may not be used for that purpose. The cost for the purchase of the breastpump collection kits will not affect administrative surplus calculations. The number and cost of the collection kits purchased shall be identified separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, Form B-13). L. Implement or expand PERFORMING AGENCY'S use of a registered dietitian (RD) to provide an array of technical services. With prior written approval from RECEIVING AGENCY, obtain the services of a RD who is registered with the Commission on Dietetic Registration to provide services for PERFORMING AGENCY such as: assistance with quality assurance, staff training, assistance with the annual nutrition education and breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. 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 unless amended. The following documents are incorporated by reference and made a part of this contract Attachment. 1. Child Nutrition Act of 1966, as amended, 42 USC 1786; 2. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016,3017 and 3018; 3. RECEIVING AGENCY'S Quality Care: Client Services Standards for Public Health and Community Clinics; 4. WIC Program Rules, 25 Texas Administrative Code, SS 31.11-31.37; 5. Food and Nutrition Service (FNS) Guidelines; and 6. FNS Instructions issued under the FNS Directives Management System. A copy of the current WIC Policy and Procedure Manual has been made available to PERFORMING AGENCY. The WIC Policy and Procedure Manual, all revisions made to the WIC Policy and Procedure Manual through the Texas WIC Bulletin, and written notices are incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to become familiar with the contents and procedures contained within the WIC Policy and Procedure Manual. PERFORMING AGENCY shall comply with all of the requirements of the WIC Policy and Procedure Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program. PERFORMING AGENCY is responsible for ensuring that employees or agents acting on behalf of the PERFORMING AGENCY comply with all of the requirements of the WIC Policy and A TT ACHMENT - Page 3 Procedure Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program. Within thirty (30) days of receipt of an amended policy or rule, PERFORMING AGENCY shall inform RECEIVING AGENCY program in writing if it will not continue performance under this Attachment in compliance with the amended policy or rule. RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. 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 Attachment, 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 instruments 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; . 88% of clients who are enrolled in the program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); . 54% of infants whose mothers were participants in the program during pregnancy shall be breast-fed at or before the time of their certification of eligibility; and . 98% of clients who indicate during the enrollment process that they have no source of health care shall be referred to at least one source of health care at certification of eligibility. . A monthly activity report which demonstrates PERFORMING AGENCY'S efforts towards meeting assigned annual targets shall be completed and submitted to RECEIVING AGENCY within seven (7) working days after the end of each month. SECTION II. SPECIAL PROVISIONS: General Provisions, Assurances 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 SS 2000d et seq., Title IX of the Education Amendments of 1972,20 USC SS1681 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; A TT ACHMENT - Page 4 Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR ~ 50.3 and 28 CFR Part 421 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 Services, 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 Department of Agriculture. The person or persons whose signatures appear on the COVER PAGES of this Attachment are authorized 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, Terms and Conditions of Payment 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. The participant caseload is subject to change 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 its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon the sum of the participants who actually receive food instruments each month plus infants who do not receive any food instruments whose breastfeeding mothers were participants to the extent that the total so derived does not exceed PERFORMING AGENCY'S total assigned caseload within any A IT ACHMENT - Page 5 given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Attachment term. I Surplus encumbered by September 30 shall be billed and vouchers received by RECEIVING AGENCY no later than December 31, 2002. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Attachment, PERFORMING AGENCY shall earn administrative funds at the rate of$9.l6 foreach participant served as defined above. PERFORMING AGENCY shall provide immunizations under the WIC Special Initiative through September 30, 2002, unless otherwise notified in writing by RECEIVING AGENCY. Immunizations administered and funded under the WIC Special Initiative to WIC participants/applicants and their siblings will earn administrative funds at the rate of $4.76 per immunization as reported to RECEIVING AGENCY via the Texas WIN automated system. The per-shot rate is based on actual cost. When the study of cost-per- shot shows a different actual cost, then the 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 written notice to the RECEIVING AGENCY if it intends to terminate this contract. 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 and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance. (2) RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, 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 RECEIVING AGENCY. (3) RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the lesser of the rate 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 is permitted, except for indirect cost recoveries using amounts contained in the Uniform Grants Management Standards (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 that shall be spent for breastfeeding promotion. The allocation ATTACHMENT - Page 6 of breastfeeding funds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to RECEIVING AGENCY. (5) RECEIVING AGENCY also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by PERFORMING AGENCY, or PERFORMING AGENCY is not complying with the provisions of USDA and/or RECEIVING AGENCY directives. (6) RECEIVING AGENCY reserves the right to utilize a competitive offering for the award of any future contracts at the end of the term of this Attachment. (7) RECEIVING AGENCY may amend or terminate this Attachment if available funds become reduced, depleted, or unavailable during the term of the Attachment to the extent that the WIC Program is unable to provide administrative funding at the rate(s) shown above. RECEIVING AGENCY will provide written notification to PERFORMING AGENCY of such fact. (8) RECEIVING AGENCY may pay for additional services as specified in this Attachment if provided by PERFORMING AGENCY during the term of this Attachment (but not otherwise paid during the term of this Attachment) if it 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 shall continue to bill RECEIVING AGENCY for the services provided. If additional funds become available at a later date for the provision of these services, RECEIVING AGENCY may pay PERFORMING AGENCY a share of these funds. (9) RECEIVING AGENCY may provide incentives to WIC local agencies for clients who are provided WIC services outside the normal traditional hours to the extent that 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. PERFORMING AGENCY shall indicate separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, TDH Form B-13) the costs associated with nutrition education, breast-feeding, and other administrative costs. General Provisions, Advance Payments Article, is not applicable to this Attachment. However, PERFORMING AGENCY will be allowed the option of receiving a two (2) month cash advance in accordance with WIC Program Policy and Procedures. ATTACHMENT - Page 7 General Provisions, Program Income, paragraph one, is not applicable to this Attachment. General Provisions, Overtime Compensation Article, is not applicable to this Attkchment. 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, whether 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. General Provisions, Reports Article, second paragraph, second sentence, is replaced with the following: A final report, Financial Status Report, Federal form 269 (TDH Form GC-3), shall be submitted no later than December 31, 2002. General Provisions, Reports Article, third paragraph, IS hereby modified to include the following: PERFORMING AGENCY shall submit vaccine report forms as required by RECEIVING AGENCY. PERFORMING AGENCY shall comply with instructions from RECEIVING AGENCY to transmit immunization activity at intervals specified by RECEIVING AGENCY. SECTION IlL BUDGET: All categories of costs billed to RECEIVING AGENCY, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (P ADC) submitted by PERFORMING AGENCY and approved by RECEIVING AGENCY. This document is incorporated herein by reference and made a part of this Attachment. ATTACHMENT-Page 8 CEh...iFICATION REGARDING LOBB\'J.l~G CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting 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 federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 complete and submit Standard Form-ll1, "Disclosure Form to Report Lobbying," in accordance with it's instructions. The undersigned shall require 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. (2) (3) 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 less than $10,000 and not more than $100,000 for each such failure. 08-09-2001 Date ANTHO ETHEL, ADMINISTRATOR Print Name of Authorized Individual 7560022067 2002-04 ApplIcatIon or l.:ontract Number PARIS-LAMAR COUNTY HEALTH DEPARTMENT UrgamzatlOn Name and Address 740 SOUTHWEST 6TH. PARIS, TX 75460-0000