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1998-068-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH COUNTY OF LAMAR RESOLUTION NO. 98-068 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 of the City of Paris did heretofore, on the 9th day of October, 1997, in Resolution No. 97-120, authorize the execution of a Contract for Public Health Services, TDH Document No. 756002206798, which is the conduit through which the state funds are received; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of October, 1997, in Resolution No. 97-125, authorize the execution of Contract Change Notice No. 01 to said Contract; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of December, 1997, in Resolution No. 97-144, authorize the execution of Contract Change Notices Nos. 02, 03, and 04 to said Contract; and, WHEREAS, said contract is in need of an additional amendment, and it is deemed appropriate that the form of Contract Change Notice No. 05, 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 the Contract Change Notice No. 05 to the Contract for Public Health Services, TDH Document No. 7560022067 98, 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, the Contract Change Notice No. 05, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 8th day of June, 1998. Charles H. Neeley, Mayo ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~f1;olLC' Scott P. Foster, City Attorney '" TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS TDH Document No. 7560022067 98 CONTRACT CHANGE NOTICE NO. ~ 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. OlA: BCNS - WIC CARD PARTICIPATION All terms and conditions not hereby 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 (Signature of person authorized to sign contracts) By: MICHAEL E. MALONE, CITY MANAGER (Name and Title) Douglas C. Wilson, Director Grants Management Division (N~d Tide) Date: ~ Date: 05-13-98 RECOMMENDED: By: (PERFO DM GMD . Rev. 3/98 ... 'i C' ~HIBIT A Cover Page 1 .1 DETAILS OF ATTACHMENTS Att/ TOH Term Financial Assistance Direct Total Amount Amd Programl Assistance (TO H Share) No. 10 Begin End Source of Amount Funds. 01A BCNS/CARDS 10/01/97 09/30/98 10.557 93.268 0.00 0.00 0.00 02 PRIMARY 09/01/97 08/31/98 State 211,415.00 0.00 211,415.00 03 PHR 4/5-EPSD 09/01/97 08/31/98 State 11 ,497.00 0.00 11,497.00 04 ORAS/V AC 09/01/97 08/31/98 State 93.991 120,006.00 79,080.00 199,086.00 05 BCH/CASE 09101/97 08/31/98 State 52,373.00 0.00 52,373.00 TDH Document No.7560022067 98 Totals $395,291.00 $79,080.00 $474,371.00 Change No. 05 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFOA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. .... -". fXHtBtT b ~. Cover Page 2 I . DOCUMENT NO. 7560022067-98 ATTACHMENT NO. OIA PERFORMING AGENCY: PARIS-LAMAR COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF CLINICAL AND NUTRITION SERVICES TERM: October 01, 1997 THRU: September 30, 1998 It is mutually agreed by and between the contracting parties to amend the conditions of Document No. 756002206798 -01 as written below. All other conditions not hereby amended are to remain in full force and effect. SECTION I. SCOPE OF WORK is amended to add the following: G. Provide additional services to increase participation in WIC clinics in accordance with General Appropriations Act, 75th Legislature, Regular Session, 1997, Article II, ~ 1 ~ Provisions, Rider 47, and Health and Safety Code, ~ 32.021, VTCA. This will include offering services during extended hours which are defined here as hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday. . 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 nonnal breastfeeding situations if participation in this program is requested by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. I. Use International Board Certified Lactation Consultants (IBCLC) or the most qualified equivalent to provide lactation consultation services to WIC clients who have breastfeeding problems that are beyond the expertise of their local WIC staff and/or peer counselors if participation in this option is requested by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. SECTION II. SPECIAL PROVISIONS are amended as follows: General Provisions, TERMS & CONDITIONS OF PAYMENT Article, beginning with Section heading "PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT" to paragraph which begins "General Provisions, PROGRAM INCOME;..." is replaced with the attached Exhibit B. ATTACHMENT - Page 1 , ' SECTION III. BUDGET is amended to add the following: PERFORMING AGENCY agrees to: (a) submit a separate State of Texas Purchase Voucher for the discretionary funding initiatives, Le., the peer counseling program and lactation consultants; (b) submit all forms required by RECEMNG AGENCY, Bureau of Clinical and Nutritional Services; and . (c) retain appropriate documentation to support expenditures. ,: ~HIBIT f, - '.. M A TT ACHMENT - Page 2 EXHIBIT B Performing Agency: Paris-Lamar County Health Department Local Agency No.: 62 PARTICIPANTS SERVED PERJvfQNTH MAXIMUM REIMBQRSEMENT: Federal FY98, the period covered by this Attachment, represents the second year of a new funding fonnula for the Texas WIC Pro grant As such, a grand fathering of the full effects of the fonnula will be implemented this contract period and the ne~t several contract periods. During the tenn of the Attachment, PERFORMING AGENCY will earn administrative funds at the rate of $Jl.Q1 . for each participant served as defined above for the first.15/821 clients served. All additional participants served will be at the new funding rate of $ 9.26 Special Initiative "Immunizations" funding is incorporated into the rate-per-participant shown above until PERFORMING AGENCY reaches a cumulative number of immunizations administered for the Attachment period totaling 1.396 and serves a total number of WIC . participants equal to_IS. 821 . At that point, all additional immunizations administered by staff funded under this Attachment to WIC participants/applicants and their siblings will earn administrative funds at the rate of $5.00 per immunization as reported to RECEMNG AGENCY via Encounter Forms or the Automation System to be implemented by RECEIVING AGENCY during the term of this Attachment. However, if PERFORMING AGENCY discontinues administering immunizations as a part of its WIC Program services during the term of this agreement, then the "hold harmless" level of funding as set out in paragraph 1 above, will be adjusted accordingly to subtract from it a commensurate amount of funds represented in it for Special Initiative "Immunizations" funding. The adjustment in the "hold harmless" level will become effective the first day of the month after immunizations are discontinued. PERFORMING AGENCY agrees that: (1) During FY 98, not less than 19% of total administrative costs will be separately identified and documented as expenditures directly related to nutrition education. Nutrition education expenditures must 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, 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 RECEMNG AGENCY. .... ,.' iXHIBIT A (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 must be obtained from RECEIVING AGENCY'S Fiscal Division before the recovery of any indirect costs will be pennitted with the exception of indirect costs 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 must be spent for breastfeeding promotion. The allocation 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) RECEMNG 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 will 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) In compliance with Rider 47, Current Appropriations Bill and Senate Bill 938, 75th Legislature, RECEIVING AGENCY will provide incentives to WIC local agencies to increase participation in the WIC program. Effective March 1, 1998 and for the duration of this Attachment, non-recurring incentive funding will be made available monthly to reimburse for actual expenditures attributable to additional services that support growth in participation over and above the rate per participant to include: - 1II. ~XH'B\T A . " a. operating clinics during extended hours; b. increases in the show rate defmed as an increase in the number of participants served who have been previously enrolled, i.e., certified; and c. increases in the number of new participants each month. Those services eligible for incentive funding during extended hours will include nutrition education, certification and sub-certification. RECEIVING AGENCY will calculate PERFORMING AGENCY'S share of incentive funds and notify PERFORMING AGENCY by letter. (10) Effective March 1,1998 and for the duration of this Attachment, RECEIVING AGENCY will make available non-recurring discretionary funding to PERFORMING AGENCIES who choose to: a. implement or expand a breastfeeding peer counseling program to assist pregnant and breastfeeding WIC participants in nonnal breastfeeding situations; and/or b. . use lactation consultants to provide lactation consultation services to WIC clients who have breastfeeding problems that are beyond the expertise of their local WIC staff and/or peer counselors. Available funds will be limited to the amounts listed in the notification letters provided by RECEIVING AGENCY, Bureau of Clinical and Nutrition Services, to participating PERFORMING AGENCIES. PERFORMING AGENCY agrees to indicate separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, TDH Fonn B-13) the costs associated with nutrition education, breastfeeding, and other administrative costs. . ,. EXHIBIT A '"