2007-133-RES-Approving and Authorizing the Execution of a contract with the DSHS Document No. 2008-024591RESOLUTION NO. 2007-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A
CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES
("DSHS") DOCUMENT N0.2008-024591 (PROGRAM ATTACHMENT N0.
001- NNS -WIC CARD PARTICIPATION), FOR REGIONAL AND LOCAL
MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas is a funding partner with Lamar County and the City of Paris
for the Paris-Lamar County Health Department; and,
WHEREAS, the Contract for Regional and Local Services, DSHS Document No. 2008-
024591(Attachment No. 001-NNS -WIC Card Participation), is the conduit through which the
state funds are funded to the Paris Lamar county Health Department; and,
WHEREAS, it is appropriate that the Contract 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 Contract for Regional and Local Services, DSHS Document No. 2008-
024591 (Attachment No. 001 -NNS -WIC Card Participation) for regional and local medical
services 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, the Contract for Regional and Local Services, DSHS
Document No.2008-024591 (Attachment No. 001-NNS -WIC Card Participation), under the terms
and conditions and in substantially the same 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 12th day of November, 2007.
James ~`reelen, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mc , Ci Attorney
DEPARTMENT OF STATE HEALTH SERVICES
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This contract, number 2008-024591 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
PARIS-LAMAR COUNTY HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $0.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2007 and ends on 09/30/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2008-024591-001 NSS -WIC CARD PARTICIPATION
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
£ Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1 EXHIBIT ~..
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractors response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: PARIS-LAMAR COUNTY HEALTH DEPARTMENT
Address: PARIS LAMAR COUNTY HEALTH DEPA PO BOX 9037
PARIS, TX 75461
Vendor Identification Number: 17560022067002
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPAR"I'MENT OF STATE HEALTH SERVICES PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
By:
Signature of Authorized Official
Date
Bob Barnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Burnette~dshs.state.tx.us
By:
Signature
Date
Printed Name and Title
Address
City, State, Zip
Telephone Number
E-mail Address for Official Con~espondence
92648-1
FISCAL YEAR 2008 PERFORMANCE CONTRACT
GENERAL PROVISIONS
(Core/Subrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING
1.01 Compliance with Statutes and Rules
1.02 Compliance with Requirements of Solicitation Document
1.03 Reporting
1.04 Client Eligibility
1.05 Applicable Contracts Law and Venue for Disputes
1.06 Applicable Laws and Regulations Regarding Funding Sources
1.07 Statutes and Standards of General Applicability
1.08 General Provisions Applicable to Interagency & Interlocal Contracts
ARTICLE II SERVICES
2.01 Education to Persons in Residential Facilities
2.02 Disaster Services
2.03 Consent to Medical Care
2.04 Telemedicine Medical Services
2.05 Fees for Professional Health Services
2.06 Cost Effective Purchasing of Medications
ARTICLE III FUNDING
3.01 Debt to State and Corporate Status
3.02 Application of Payment Due
3.03 Use of Funds
3.04 Use for Match Prohibited
3.05 Program Income
3.06 Nonsupplanting
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS
4.01 Payment Methods
4.02 Billing Submission
4.03 Final Billing Submission
4.04 Working Capital Advance
4.05 Financial Status Reports (FSRs)
4.06 Third Party Payors
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ARTICLE V TERMS AND CONDITIONS OF PAYMENT 9
5.01 Prompt Payment 9
5.02 Withholding Payments 9
5.03 Condition Precedent to Requesting Payment 9
5.04 Acceptance as Payment in Full 10
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 1
12.03 Management and Control Systems 19
12.04 Insurance and Bonding 19
12.05 Fidelity Bond 19
12.06 Liability Coverage 20
12.07 Overtime Compensation 20
12.08 Program Site 20
12.09 Cost Allocation Plan 20
12.10 Reporting for Unit Rate and Fee for Service Contracts 21
12.11 Historically Underutilized Businesses (HUBs) 21
12.12 Buy Texas 21
12.13 Contracts with Subrecipient Subcontractors 21
12.14 Status of Subcontractors 22
12.15 Incorporation of Terms 22
12.16 Independent Contractor 22
12.17 Authority to Bind 22
12.18 Tax Liability 22
12.19 Notice of Organizational Change 23
12.20 Quality Management 23
12.21 Equipment and Controlled Assets Purchases 23
12.22 Supplies 23
12.23 Changes to Equipment List 23
12.24 Property Inventory and Protection of Assets 24
12.25 Bankruptcy 24
12.16 Title to Property 24
12.27 Property Acquisitions 24
12.28 Disposition of Property 24
12.29 Closeout of Equipment 25
12.30 Assets as Collateral Prohibited 25
ARTICLE XIII GENERAL TERMS 25
13.01 Assignment 25
13.02 Lobbying 25
13.03 Conflict of Interest 25
13.04 Transactions Between Related Parties 25
13.05 Intellectual Property 25
13.06 Other Intangible Property 27
13.07 Severability and Ambiguity 28
13.08 Legal Notice 28
13.09 Successors 28
13.10 Headings 28
13.11 Parties 28
13.12 Survivability of Terms 28
13.1.3 Direct Operation 28
13.14 Customer Service Information 28
13.15 Amendment 28
13.16. Contractor's Notification of Change to Certain Contract Provisions 29
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 3
Fiscal Year 2008 Performance Contract
General Provisions
(Core/Subrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply,
and shall require its subcontractor(s) to comply, with the requirements set forth in
the Department's rules of general applicability and other applicable state and
federal statutes, regulations and rules as such statutes, regulations and rules
currently exist and as they may be lawfully amended. The Department rules aze set
forth in the Texas Administrative Code, Title 25 (Rules). To the extent this
Contract imposes a higher standard, or additional requirements beyond those
required by applicable statutes, regulations or the Rules, the terms of the Contract
shall control.
Section 1.02 Compliance with Requirements of Solicitation Document.
Except as specified in these General Provisions or the Program Attachment(s),
Contractor shall comply with the requirements, eligibility conditions, assurances,
certifications and program requirements of the Solicitation Document (including
any revised or additional terms agreed to in writing by Contractor and DSHS prior
to execution of this Contract) for the duration of this Contract or any subsequent
renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any
misrepresentation contained in the Contractor's response to the Solicitation
Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the
reporting requirements established by the Department and shall provide any other
information requested by the Department in the format required by DSHS. Failure
to submit a required report or additional requested information by the due date
specified in the Program Attachment(s) or upon request constitutes a breach of
contract, may result in delayed payment, and may adversely affect evaluation of
Contractor's future contracting opportunities with the Department.
Section 1.04 Client Eligibility. Where applicable, financial eligibility criteria,
financial assessment procedures, and standards developed by the Department shall
be utilized by Contractor to determine client eligibility.
Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding
all issues related to contract formation, performance, interpretation, and any issues
that may arise in any dispute between the Parties, the Contract shall be governed by,
and construed in accordance with, the laws of the State of Texas. In the event of a
dispute between the Parties, venue for any suit shall be Travis County, Texas.
General Provisions (Core Subrecipient 2008) 6/12/2007 1
subjects involved in research;
h) Hatch Political Activity Act, 5 U.S.C.A. §§ 1501-1508 and 7321-26,
which limits the political activity of employees whose employment is funded with
federal funds;
i) Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., and the
Intergovernmental Personnel Act of 1970, 42 U.S.C.A. §§ 4701 et seq., as
applicable, concerning minimum wage and maximum hours;
j) TEx. Gov'T CODE ch. 469 (Supp. 2004), pertaining to eliminating
architectural barriers for persons with disabilities;
k) Texas Workers' Compensation Act, TEX. LABOR CODE, chs. 401-406 28
TEx. ADMIN. CODE pt. 2, regarding compensation for employees' injuries;
1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC §
263a, regarding the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood
Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code ch. 96
regarding safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq.,
pertaining to the treatment of laboratory animals;
o) Environmental standards pursuant to the following: 1) Institution of
environmental quality control measures under the National Environmental Policy
Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg.
4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of
violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control
Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands
pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood
hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951 and, if applicable, flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5) Assurance of project
consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq; 6) Federal Water
Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-
300j; 8) Protection of endangered species under the Endangered Species Act of
1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10)
Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, 42 USC §§300f-330j; 11) Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting certain rivers system; and 12) Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) prohibiting the
use of lead-based paint in residential construction or rehabilitation;
p) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763
regarding personnel merit systems for programs specified in Appendix A of the
federal Office of Program Management's Standards for a Merit System of
Personnel Administration (5 C.F.R. Part 900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property
General Provisions (Core Subrecipient 2008) 6/12/2007 3
Constitution of the State of Texas to be supplied under contract given to the
lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract granted in
Health and Safety Code Chapter 1001, and Contractor certifies that it has
specific statutory authority to enter into and perform this Contract.
(c) The following additional provisions shall apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interlocal Cooperation Act, Gov.
Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues
available to DSHS.
3) Each party represents that it has been authorized to enter into this
Contract.
(d) Contractor agrees that Contract Revision Requests, when signed by a duly
authorized representative of Contractor, shall be effective as of the effective date
specified by the Department, whether that date is prior to or after the date of any
ratification by Contractor's governing board.
ARTICLE II SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable,
Contractor shall ensure that all persons, who are housed in Department licensed
and/or funded residential facilities and who are twenty-two (22) years of age or
younger, have access to educational services as required by TEx. EDUC. CODE §
29.012. Contractor shall notify the local education agency or local early
intervention program as prescribed by TEx. EDUC. CODE § 29.012 not later than the
third calendar day after the date a person who is twenty-two (22) years of age or
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal
emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism
events, declared as a state disaster by the Governor, or a federal disaster by the
appropriate federal official, Contractor may be called upon to assist DSHS in
providing services, as appropriate, in the following areas: community evacuation,
health and medical assistance; assessment of health and medical needs; health
surveillance; medical care personnel; health and medical equipment and supplies;
patient evacuation; in-hospital care and hospital facility status; food, drug, and
medical device safety; worker health and safety; mental health and substance abuse;
public health information; vector control and veterinary services; and victim
identification and mortuary services. Disaster services shall be carried out in the
manner most responsive to the needs of the emergency, be cost effective, and be
least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or
through contracts with subcontractors, the treatment of a minor shall be provided
only if consent to treatment is obtained pursuant to TEx. FaNt. CODE, Chapter 32
General Provisions (Core Subrecipient 2008) 6/12/2007 5
including a tax delinquency. Contractor, if a corporation, certifies by execution of
this Contract that it is current and will remain current in its payment of franchise
taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Texas Tax Code §§171.001 et seq, as amended). Contractor, if a
corporation, further certifies that it is and will remain in good standing with the
Secretary of State's office. A false statement regarding franchise tax or corporate
status is a material breach of this Contract. If franchise tax payments become
delinquent during the Contract term, all or part of the payments under this Contract
may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any
payments due under this Contract will be applied towards any debt, including but
not limited to delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department
funds only for the provision of approved services and for reasonable and allowable
expenses directly related to those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided
through this Contract shall not be used for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from
Department funds through a project or activity performed under a ~ Program
Attachment and/or earned only as a result of a Program Attachment during the term
of the Program Attachment are considered program income. Unless otherwise
required under the terms of the grant funding this Contract, the addition alternative,
as provided in UGMS § _.25(g)(2), for the use of program income shall be used by
Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same
Program Attachment project in which it was generated. Contractor shall identify
and report this income in accordance with the Compliance and Reporting Article of
these General Provisions and the Special Provisions of the Program Attachment(s).
Contractor shall expend program income during the Program Attachment term and
may not carry forward to the succeeding term. Program income not expended in the
term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing,
collecting, and reporting program income, and in utilizing it for the purposes and
conditions set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from
this Contract to replace or substitute existing funding from other sources that also
supports the activities that are the subject of this Contract) but rather shall use funds
from this Contract to supplement existing state or local funds currently available for
a particular activity. Contractor shall make a good faith effort to maintain its current
level of support. Contractor may be required to submit documentation
General Provisions (Core Subrecipient 2008) 6/12/2007 7
end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity
who has the legal responsibility for paying for all or part of the services provided,
including commercial health or liability insurance carriers, Medicaid, or other
federal, state, local, and private funding sources. Except as provided in the
Contract, Contractor shall screen all clients and shall not bill the Department for
services eligible for reimbursement from third party payors. Contractor shall: (a)
enroll as a provider in Children's Health Insurance Plan and Medicaid if providing
approved services authorized under the Contract that- may be covered by those
programs, and bill those plans for the covered services; (b) provide assistance to
individuals to enroll in such programs when the screening process indicates possible
eligibility for such programs; (c) allow clients that are otherwise eligible for
Department services, but cannot pay a deductible required by a third party payor, to
receive services up to the amount of the deductible and to bill the Department for
the deductible; (d) not bill the Department for any services eligible for third party
reimbursement until all appeals to third party payors have been exhausted; (e)
maintain appropriate documentation from the third party payor reflecting attempts
to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and
(g) provide third party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice
pursuant to this Contract, Department will pay Contractor. Payments and
reimbursements are contingent upon a signed Contract and will not exceed the total
of authorized funds under this Contract. Contractor is entitled to payment or
reimbursement only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. If those
conditions are met, Department will make payment in accordance with the Texas
prompt payment law (TEx. Gov'T. CODE, Chapter 2251). Contractor must comply
with TEX. Gov'T. CODE, Chapter 2251 regarding its prompt payment obligations to
subcontractors. Payment of invoices by the Department shall not constitute
acceptance or approval of Contractor's performance, and all invoices and
Contractor's performance is subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of
any payments to Contractor to offset reimbursement for any ineligible expenditures
or overpayments that Contractor has not refunded to Department, or if financial
status report(s) required by the Department are not submitted by the date(s) due.
Department may take repayment from funds available under this Contract, active or
expired, in amounts necessary to fulfill Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall
disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including any
General Provisions (Core Subrecipient 2008) 6/12/2007 9
Applicable Entity Applicable Cost Principles Audit Requirements Administrative
Requirements
State, Local and OMB Circular A-87 OMB Circular A-133 UGMS, OMB
Tribal and UGMS Circular A-102,
Governments and applicable
Federal awarding
agency common
rule
Educational OMB Circular A-21 OMB Circular A-133 OMB Circular
Institutions and UGMS A-110 and
applicable
Federal awarding
agency common
rule
Non-Profit OMB Circular A-122 OMB Circular A-133 UGMS; OMB
Organizations and UGMS Circular A-110
and applicable
Federal awarding
agency common
rule
For-profit 48 C.F.R. Part 31, Program audit UGMS and
Organization other Contract Cost Principles conducted by an applicable
than a hospital and Procedures, or uniform independent certified Federal awarding
an organization cost accounting standards public accountant in agency common
named in OMB that comply with cost accordance with rule
Circular A-122 as principles acceptable to the Governmental
not subject to that federal or state awarding Auditing Standards.
circular. agency
OMB Circulars will be applied with the modifications prescribed by UGMS with
effect given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt
of the audit reports required by this section, Contractor shall submit one copy to the
Department's Contract Oversight and Support Section, and one copy to the Texas
Health and Human Services Commission (HHSC), Office of Inspector General
(OIG), at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
1100 West 49`'' St.
Austin Texas 78756-3199
Texas Health and Human Services Commission
Office of Inspector General
Compliance/Audit Mail Code 1326
General Provisions (Core Subrecipient 2008) 6/12/2007 11
164 or other applicable law.
Section 7.06 Security of Patient or Client Records. Contractor must maintain
patient and client records in compliance with state and federal law relating to
security and retention of medical or mental health and substance abuse patient
records. Department may require Contractor to transfer original or copies of patient
and client records to Department, without the consent or authorization of the patient
or client, upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if the care and treatment of the individual patient or
client is transferred to another entity. Prior to providing services funded under this
Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer copies of patient or client records to another entity
funded by DSHS upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-
funded contractor.
Section 7.07 HIV/AIDS Model Workplace Guidelines. If providing direct
client care, services, or programs, Contractor shall implement Department's policies
based on the HIV/AIDS (human immunodeficiency virus/acquired
immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State
Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate
employees and clients concerning HIV and its related conditions, including AIDS,
in accordance with the TEx. HEALTH & SAFETY CODE § 85.112-114. A link to the
Model Workplace Guidelines can be found at
http•//www dshs state.tx.us/hivstd/polic~pdf/090021.pdf.
ARTICLE VIII RECORDS RETENTION.
Section 8.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
http•//www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other
applicable state and federal statutes and regulations governing medical, mental
health, and substance abuse information. At a minimum Contractor shall retain and
preserve all other records, including financial records that are generated or collected
by Contractor under the provisions of this Contract, for a period of four (4) years
after the termination of the Contract. If services are funded through Medicaid, the
federal retention period, if more than four (4) years, shall apply. Contractor shall
retain all records pertaining to this Contract that are the subject of litigation or an
audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention
schedules established in this section. Contractor shall retain medical records in
accordance with Tex Admin Code Title 22, Part 9, § 165.1(b) and (c) or other
applicable statutes and regulations governing medical information. Contractor shall
ensure that this provision concerning records retention is included in any
subcontract it awards. If Contractor ceases business operations, it shall ensure that
records relating to the Contract are securely stored and are accessible by the
Department upon Department's request for at least four years from the date
General Provisions (Core Subrecipient 2008) 6/12/2007 13
General Provisions.
ARTICLE X NOTICE REQUIREMENTS.
Section 10.01 Child Abuse Reporting Requirement. This section applies to
mental health and substance abuse contractors and contractors for the following
public health programs: HIV/STD; Family Planning (Titles V, X and XX); Primary
Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor
shall make a good faith effort to comply with child abuse reporting guidelines and
requirements in TEx. FAM. CODE ch. 261 relating to investigations of reports of
child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening,
Documenting, and Reporting Policy for Contractors/Providers and train all staff on
reporting requirements. Contractor shall use the Checklist for Monitoring as
required by the Department located at www.dshs.state.tx.us/childabusereportin~.
Contractor shall retain reporting documentation on site and make it available for
inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate
authorities, Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment significant incidents involving substantial
disruption of program operation or potentially affecting Department funded clients
or participants within seventy-two (72) hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment of litigation related to or
affecting this Contract and to which Contractor is a party within seven (7) calendar
days of becoming aware of such a proceeding. This includes, but is not limited to
an action, suit or proceeding before any court or governmental body, including
environmental and civil rights matters, professional liability, and employee
litigation. Notification shall include the names of the parties, nature of the litigation
and remedy sought, including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the
Division Contract Management Unit assigned to the Program Attachment if
Contractor has had a contract suspended or terminated for cause by any local, state
or federal department or agency or nonprofit entity. Such notification shall include
the reason for such action that includes the name and contact information of the
local, state or federal department or agency or entity, the date of the contract, and
the contract or case reference number. If the Contractor, as an organization, has
surrendered its license or has had its license suspended or revoked by any local,
state or federal department or agency or non-profit entity, it shall disclose this
information to the Department by submitting a one page description of the reason(s)
for such action that includes the name and contact information of the local, state or
federal department or agency, or entity, the date of the license action, and a license
or case reference number.
General Provisions (Core Subrecipient 2008) 6/12/2007 15
a) it is not ineligible for participation in federal or state assistance
programs;
b) neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal or state department
or agency;
c) it has not knowingly failed to pay a single substantial debt or a
number of outstanding debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against
Contractor for collection of the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have
a contracting or regulatory relationship with Contractor; and
f) that no person who has an ownership or controlling interest in
Contractor or who is an agent or managing employee of Contractor has
been convicted of a criminal offense related to involvement in any
program established under Medicare, Medicaid, or a federal block grant.
Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit
assigned to the Program Attachment. If Contractor's status with respect to the items
certified above changes during the Contract, Contractor shall immediately notify the
Division Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by TEX.FAM.CODE §
231.006, a child support obligor who is more than thirty (30) calendar days
delinquent in paying child support and a business entity in which the obligor is a
sole proprietor, partner, shareholder, or owner with an ownership interest of at least
twenty-five percent (25%) is not eligible to receive payments from state funds
under a contract to provide property, materials, or services or receive astate-funded
grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the
payments specified in this Contract, and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority
to contract for the services set forth in this Contract and that a resolution, motion or
similar action has been duly adopted or passed as an official act of the Contractor's
governing body, authorizing the binding of the organization under this Contract
including all understandings and assurances contained in this Contract, and
directing and authorizing the person identified as the authorized representative of
the Contractor to act in connection with the Contract and to provide such additional
information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not
given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, present or future employment, gift, loan, gratuity, special discount,
General Provisions (Core Subrecipient 2008) 6/12/2007 17
501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-
profit organizations. The responsibility of Contractor's governing board shall
include: accountability for all funds and materials received from Department;
compliance with Department Rules, policies, procedures, and applicable federal and
state laws and regulations; and correction of fiscal and program deficiencies
identified through self-evaluation and Department's monitoring processes. Further,
Contractor's governing board shall ensure separation of powers, duties, and
functions of board members and staff. Staff members, including the executive
director, shall not serve as voting members of the Contractor's governing board.
Ignorance of any Contract provisions or other requirements contained or referenced
in this Contract shall not constitute a defense or basis for waiving or appealing such
provisions or requirements.
Section 12.03 Management and Control Systems. Contractor shall maintain an
appropriate contract administration system to insure that all terms, conditions, and
specifications are met. Contractor shall develop, implement, and maintain financial
management and control systems that meet or exceed the requirements of UGMS
and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual available at the Department's web site:
http•//www dshs.state.tx.us/contracts. Those requirements shall include at a
minimum:
a) financial planning, including the development of budgets that
adequately reflect all functions and resources necessary to carry out
authorized activities and the adequate determination of costs;
b) financial management systems including accurate, correct, and
complete accounting records that identify the source and application of
funds provided under each Program Attachment of this Contract, and
that support the information contained in required financial reports; and
cost source documentation; and
c) effective internal and budgetary controls; determination of
reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection
policies; and a mechanism capable of billing and making reasonable
efforts to collect from clients and third parties.
Section 12.04 Insurance and Bonding. Contractor shall maintain insurance or
other means of replacing assets purchased with Department funds.
Section 12.05 Fidelity Bond. Contractor is required to carry a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up
to $100,000 that covers each employee of Contractor handling funds under this
Contract, including person(s) authorizing payment of such funds. The fidelity bond
or insurance shall provide for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of Contractor's employees,
either individually or in concert with others, and/or (2) failure of Contractor or any
of its employees to perform faithfully his/her duties or to account properly for all
General Provisions (Core Subrecipient 2008) 6/12/2007 19
f
Section 12.10 Reporting for Unit Rate and Fee For Service Contracts.
Contractor shall submit reports concerning unit rate and fee-for-service contracts to
the Department in accordance with the requirements stated in the Department's
Contractor's Financial Procedures Manual located at
http • //www. dshs. state. tx. us/contracts.
Section 12.11 Historically Underutilized Businesses (HUBs). If Contractor was
not required to submit a HUB subcontracting plan and if subcontracting is permitted
under this Program Attachment, Contractor is encouraged to make a good faith
effort to consider subcontracting with HUBS as set forth in TEx. Gov'T CODE ch.
2161 and 1 TEX ADM. CODE § 111.12. Contractors may obtain a list of HUBs at
http•//www.tbpc.state.tx.us. If Contractor has filed a HUB subcontracting plan, the
plan is incorporated by reference in this Contract. If Contractor desires to make a
change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan before proposed changes will be effective
under the Contract. Contractor agrees to make a good faith effort to subcontract
with HUBS during the performance of this Contract and will report HUB
subcontract activity to the Department's HUB Coordinator by the 15~' day of each
month for the prior month's activity, if there was any such activity, in accordance
with 1 TEX. ADM CODE § 111.16(c).
Section 12.1 Z Buy Texas. Contractor shall purchase products and materials
produced in Texas when the products and materials are available at a price and time
comparable to products and materials produced outside of Texas as required by
TEx. Gov'T CODE § 2155.4441.
Section 12.13 Contracts with Subrecipient Subcontractors. Contractor may
enter into contracts with Subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into an agreement
equaling $25,000 or twenty-five percent (25%) of a Program Attachment amount,
whichever is greater, Contractor shall obtain written approval from DSHS.
Contracts with subcontractors shall be in writing and include the following:
a) Name and address of all parties;
b) A detailed description of the services to be provided;
c) Measurable method and rate of payment and total amount of contract;
d) Clearly defined and executable termination clause;
e) Beginning and ending dates that coincide with the dates of the applicable
Program Attachment(s) or cover a term within the beginning and ending dates
of the applicable Program Attachment(s);
f) Access to inspect the work and the premises on which any work is performed,
in accordance with the Access and Inspection Article in these General
Provisions; and
General Provisions (Core Subrecipient 200$) 6/12/2007 21
termination under this section, the Department will not enter into a Contract with
Contractor for three (3) yeazs from the date of termination.
Section 12.19 Notice of Organizational Change. Contractor shall submit
written notice to the Division Contract Management Unit assigned to the Program
Attachment within ten business days of any change to the following: Contractor's
name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to the Contract in accordance
with the Amendments section of these General Provisions.
Section 12.20 Quality Management. Contractor shall comply with quality
management requirements as directed by the Department.
Section 12.21 Equipment and Controlled Assets Purchases. Equipment means
an article of nonexpendable, tangible personal property having a useful lifetime of
more than one year and an acquisition cost of $5,000 or more. Contractor must
inventory equipment, and controlled assets, which include firearms regardless of the
acquisition cost, and the following assets with an acquisition cost of $500 or more:
desktop and laptop computers, non-portable printers and copiers, emergency
management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement
payment method shall comply with the requirements of the provisions in this
Article concerning equipment. If purchase of equipment is approved in writing by
the Department, Contractor is required to initiate the purchase of that equipment in
the first quarter of the Contractor Program Attachment term, as applicable. Failure
to initiate the purchase of equipment may result in loss of availability of funds for
the purchase of equipment. Requests to purchase previously approved equipment
after the first quarter of the Program Attachment must be submitted to the Division
Contract Management Unit assigned to the Program Attachment.
Section 12.22 Supplies. Supplies are defined as consumable items necessary to
carry out the services under this Contract including medical supplies, drugs,
janitorial supplies, office supplies, patient educational supplies, software, and any
items of tangible personal property other than those defined as equipment above.
Section 12.23 Changes to Equipment List. All items of equipment purchased
with funds under this Contract shall be itemized in Contractor's equipment list as
finally approved by the Department in the executed Contract. Any changes to the
approved equipment list in the executed Contract shall be approved in writing by
Department prior to purchase of equipment. Contractor shall submit to the Division
Contract Management Unit assigned to the Program Attachment, a written
description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, Department will
acknowledge its approval by means of a written amendment or by written
acceptance of Contractor's Contract Revision Request, as appropriate.
General Provisions (Core Subrecipient 2008) 6/12/2007 23
Section 12.29 Closeout of Equipment. At the end of the term of a Program
Attachment that has no additional renewals or that will not be renewed (Closeout),
Contractor shall submit to the Divisions Contract Management Unit assigned to the
Program Attachment, an inventory of property purchased with Department funds
and request disposition instructions for such property. All property purchased with
Department funds shall be secured by the Contractor at the time of Closeout and
shall be returned to the Department as required by the Department's disposition
instructions or at the request of the Department at the Contractor's expense.
Section 12.30 Assets as Collateral Prohibited. Contractors on a cost
reimbursement payment method shall not encumber property purchased with
Department funds without prior written approval from the Department.
ARTICLE XIII GENERAL TERMS.
Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest,
in whole or in part, in this Contract, or.in any equipment purchased with funds from
this Contract, without the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with GOV. CODE §556.0055,
which prohibits contractors who receive state funds from using those funds to pay
lobbying expenses. Further, Contractor shall not use funds paid under this Contract
to pay any person for influencing or attempting to influence an officer or employee
of any agency, federal or state, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any contract or the extension, continuation, renewal, amendment, or
modification of any contract (31 U.S.C.A. § 1352, as amended, and UGMS). If at
any time this Contract exceeds $100,000 of federal funds, Contractor shall file with
the Division Contract Management Unit assigned to the Program Attachment a
declaration containing the name of any registrant under the Lobbying Disclosure
Act of 1995 who has made lobbying contacts on behalf of Contractor in connection
with the Contract, a certification that none of the funds provided by Department
have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement.
Contractor shall file the declaration, certification, and disclosure at the time of
application for the Contract; upon execution of the Contract unless Contractor
previously filed a declaration, certification, or disclosure form in connection with
the award; and at the end of each calendar quarter in which there occurs any event
that materially affects the accuracy of the information contained in any declaration,
certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and
disclosure with the Division Contract Management Unit assigned to the Program
Attachment. Contractor shall also comply, as applicable, with the lobbying
restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25;
A-87 Attachment B section 27; A-110 section_.27 and A-21 paragraphs 17 and 24.
Contractor shall include this provision in any subcontracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 25
Contractor must give DSHS and the State of Texas, as well as any person
designated by DSHS and the State of Texas, all assistance required to perfect the
rights defined herein without charge or expense beyond those amounts payable to
Contractor for goods provided or services rendered under this Contract.
(c) If federal funds are used to finance activities supported by this Contract that
result in the production of intellectual property, the federal awarding agency
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for federal government
purposes (1) the copyright in any intellectual property developed under this
Contract, including any subcontract and (2) any rights of copyright to which a
Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal awarding agency grant support and a disclaimer, as
appropriate, on any publication written or published with such support and, if
feasible, on any publication reporting the results of or describing agrant-
supported activity. An acknowledgment shall be to the effect that "This
publication was made possible by grant number from (federal awarding
ate)" or "The project described was supported by grant number from
(federal awarding agency)" and "Its contents are solely the responsibility of the
authors and do not necessarily represent the official views of the (federal
awarding agency)."
(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves aroyalty-free, nonexclusive, worldwide and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for DSHS,
public health, and state governmental noncommercial purposes (1) the copyright,
trademark, service mark, and/or patent on an invention, discovery, or
improvement to any process, machine, manufacture, or composition of matter;
products; technology; scientific information; trade secrets; and computer
software, in any work developed under a grant, subgrant, or contract under a grant
or subgrant; and (2) any rights of copyright, service or trade marks or patents to
which a grantee, subgrantee or a Contractor purchases ownership with contract
funds.
(e) If the results of the contract performance are subject to copyright law, the
Contractor cannot publish those results without prior review and approval of
DSHS. Contractor shall submit requests for review and approval to the Division
Contract Management Unit assigned to the Program Attachment.
Section 13.06 Other Intangible Property. At the conclusion of the contractual
relationship between Department and the Contractor, for any reason, Department
shall have the sole ownership rights and interest in all non-copyrightable intangible
property that was developed, produced or obtained by Contractor as a specific
requirement under the Contract or under any grant that funds this Contract, such as
domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and
interest in such property. This provision shall survive the termination or expiration
of the Contract.
General Provisions (Core Subrecipient 2008) 6/12/2007 27
Contractor's request for certain budget revisions or other amendments must be
submitted in writing, including a justification for the request, to the Division
Contract Management Unit assigned to the Program Attachment; and if a budget
revision or amendment is requested during the last quarter of the Contract or
Program Attachment term, as applicable, Contractor's written justification must
include a reason for the delay in making the request. Revision or amendment
requests may be granted at the discretion of DSHS. Except as otherwise provided
in this Article, Contractor shall not perform or produce, and DSHS shall not pay for
the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in
compliance with this Section; and DSHS may not waive any term, covenant, or
condition of this Contract unless by amendment or otherwise in compliance with
this Section.
Section 13.16 Contractor's Notification of Change to Certain Contract
Provisions. The following changes may be made to the Contract without a written
amendment or the Department's prior approval:
1) Contractor's contact person and contact information.
2) Contact information for key personnel, as stated in the application.
3) Cumulative budget line item transfers that exceed 10% among direct cost
categories other than the equipment category, of cost reimbursement contract
Program Attachments of less than $100,000, provided that the total budget
amount is unchanged.
4) Minor corrections or clarifications to the Contract language that in no way alter
the Contract scope of work, objectives or performance measures.
5) A change in the Contractor's share of the budget concerning non-DSHS funding
other than program income and match, regardless of the amount of the change,
provided that in changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated
in this section. The notification may be by letter, fax or email.
Section 13.17 Contractor's Request for Revision of Certain Contract
Provisions. The following changes to the Contract may be made through a
Contractor's Revision Request, rather than through the amendment process:
1) Cumulative budget line item transfers among direct cost categories other than the
equipment category that exceed 10% of cost reimbursement contract Program
Attachments of $100,000 or more, provided that the total budget amount is
unchanged.
2) Line item transfer of funds for direct payment of training allowances for any cost
reimbursement contract.
3) Change in clinic hours or location.
4) Change in equipment list substituting an item of equipment equivalent to an item
of equipment on the approved budget, (Ex. purchase of XYZ brand computer
General Provisions (Core Subrecipient 2008) 6/12/2007 29
(a) Name of Executive;
(b) Name of State Agency;
(c) Date of Separation from State Agency, if separated;
(d) Date of Employment with Contractor; and
(e) Other information as required by DSHS to comply with TEx. Gov'T. CODE §
669.003.
Section 13.22 Technology Accessibility. If performance under this Contract
includes the development, modification or maintenance of a website for DSHS or
for the public on behalf of DSHS, Contractor expressly acknowledges that state
funds may not be expended in connection with the purchase of an automated
information system unless that system meets certain statutory and regulatory
requirements relating to accessibility by persons with blindness, visual impairments,
visual accuity less than 20/70, deafness, diminishing hearing, inability to speak or a
lack of fine motor control (collectively "affected persons"). Accordingly,
Contractor represents and warrants to DSHS that the technology provided to DSHS
for purchase is capable, either by virtue of features included within the technology
or because it is readily adaptable by use with other technology, of:
a. Providing equivalent access for effective use by affected persons;
b. Presenting information, including prompts used for interactive
communications, in formats intended for use by affected persons; and
c. Being integrated into networks for obtaining, retrieving, and disseminating
information used by affected persons.
For purposes of this section, the phrase "equivalent access" means a substantially
similar ability to communicate with or make use of the technology, either directly by
features incorporated within the technology or by other reasonable means such as
assistive devices or services that would constitute reasonable accommodations under
the Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical
displays, information retrieval provided in an enhanced auditory fashion, voice
commands, touch screen capacity, and customize display appearance.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES
FOR NON-COMPLIANCE.
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions
that constitute breach of contract include, but are not limited to, the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 31
a) terminate the Contract or a Program Attachment of the Contract as it
relates to a specific program type. In the case of termination, the
Department will inform Contractor of the termination no less than thirty-
one (31) calendar days before the effective date of the termination in a
notice of termination. The notice of termination will state the effective
date of the termination, the reasons for the termination, and, if
applicable, alert the Contractor of the opportunity to request a hearing on
the termination pursuant to TEx. Gov'T CODE ch. 2105 regarding
administration of Block Grants. The Contractor agrees that it shall not
make any claim for payment or reimbursement for services provided
from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the
context, either (1) the temporary withdrawal of Contractor's authority to
obligate funds pending corrective action by Contractor or its
subcontractor(s) or pending a decision to terminate or amend the
Contract, or (2) an action taken by a suspending official in accordance
with Department rules to immediately exclude a person from
participating in contract transactions for a period of time, pending
completion of an investigation and such legal or debarment proceedings
as may ensue. Contractor may not bill DSHS for services performed
during suspension, and Contractor costs resulting from obligations
incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts or renewals with Contractor;
d) reduce funding if the Contractor fails to provide services or goods
consistent with performance expectations described in the Contract;
e) disallow (deny both use of funds and matching credit for) all or part
of the activities or action not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash
payments means the temporary withholding of a working capital
advance, if applicable, or reimbursements or payments to Contractor for
proper charges or obligations incurred, pending resolution of issues of
noncompliance with conditions of this Contract or indebtedness to the
United States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of
cash payment means that Department retains funds billed by Contractor
for (1) unallowable, undocumented, disputed, inaccurate, improper, or
erroneous billings; (2) material failure to comply with Contract
provisions; or (3) indebtedness to the United States or to the State of
Texas;
h) declare the Contract void upon the Department's determination that
the Contract was obtained fraudulently or upon the Department's
determination that the Contract was illegal or invalid from the Contract's
inception and demand repayment of any funds paid under the Contract;
General Provisions (Core Subrecipient 2008) 6/12/2007 33
the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are
based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted, unless the remedy or
sanction is subject to review under a federal or state statute, regulation or guideline,
Department's decision is final. Department shall provide written notice to
Contractor of Department's decision. If required by the Department, Contractor
shall take corrective action.
Section 14.04 Emergency Action. In an emergency, Department may
immediately terminate or suspend all or part of this Contract, temporarily or
permanently withhold cash payments, deny contract renewal or future contract
awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An
"emergency" is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct
adverse impact on the public or client health, welfare or safety. The
direct adverse impact may be programmatic or financial and may
include failing to provide services, providing inadequate services,
providing unnecessary services, or utilizing resources so that the public
or clients do not receive the benefits contemplated by the scope of work
or performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be
determined by Department on a case-by-case basis and will be based upon the
nature of the noncompliance or conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.
Section 15.01 Breach of Contract Claim. The process for a breach of contract
claim against the Department provided for in Chapter 2260 of Texas Government
Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by
DSHS and Contractor to attempt to resolve any breach of contract claim against
DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the
parties cannot resolve in the ordinary course of business shall be submitted to the
negotiation process provided in Chapter 2260, subchapter B, Texas Government
Code. To initiate the process, Contractor shall submit written notice, as required by
subchapter B, to DSHS's Office of General Counsel. The notice shall specifically
state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy
of the notice shall also be given to all other representatives of DSHS and
Contractor. Subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, subchapter C, Texas Government Code.
General Provisions (Core Subrecipient 2008) 6/12/2007 35
competing or noncompeting continuation, renewal, extension, or supplemental
award; or (4) voiding of a contract upon determination that the award was obtained
fraudulently, or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment,
as applicable, with at least thirty (30) calendar days prior written notice
to the other Party, except that if Contractor seeks to terminate a Contract
or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client
services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by
mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment
with at least thirty (30) calendar days prior written notice to the other
Party in the event funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or
health and human services agencies, amendments to the Appropriations
Act, health and human services consolidations, or any disruption of
current appropriated funding for this Contract or Program Attachment
d) Department may terminate this Contract or a Program Attachment
immediately when, in the sole determination of Department, termination
is in the best interest of the State of Texas.
Section 16.05 Termination For Cause. Either Party may terminate for material
breach of this Contract with at least thirty (30) calendar days written notice to the
other Party. Department may terminate this Contract, in whole or in part, for breach
of contract or for any other conduct that jeopardizes the Contract objectives, by
giving at least thirty (30) calendar days written notice to Contractor. Such conduct
may include one or more of the following:
(a) a court of competent jurisdiction finds that Contractor has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) Contractor fails to communicate with Department or fails to allow its
employees or those of its subcontractor to communicate with Department as
necessary to the performance of this Contract;
(c) Contractor breaches a standard of confidentiality with respect to the
services provided under this Contract;
(d) Department determines that Contractor is without sufficient personnel or
resources to perform under this Contract or that Contractor is otherwise unable or
unwilling to fulfill any of its requirements under the Contract or exercise adequate
control over expenditures or assets;
General Provisions (Core Subrecipient 2008) 6/12/2007 37
(h) Contractor's management system does not meet the UGMS management
standazds.
Section 16.06 Notice of Termination. Either Party may deliver written notice of
intent to terminate by any verifiable method. If either Party gives notice of its
intent to terminate all or a part of this Contract, Department and Contractor will
attempt to resolve any issues related to the anticipated termination in good faith
during the notice period.
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED
CONTRACTS.
Section 17.01 Void Contracts. Department may hold this Contract void upon
determination that the awazd was obtained fraudulently or was otherwise illegal or
invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated
Contract. A Contractor who has been a party to a contract with DSHS that has
been found to be void, suspended, or terminated for cause is not eligible for
expansion of current contracts, if any, or new contracts or renewals until the
Department has determined that Contractor has satisfactorily resolved the issues
underlying the suspension or termination. Additionally, if this Contract is found to
be void, any amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Gov. Code §2105.302, after receiving
notice from the Department of termination of a contract with DSHS funded by
block grant funds, Contractor may request an administrative heazing under Gov.
Code Chapter 2001.
ARTICLE XVIII CLOSEOUT AND CONTRACT
RECONCILIATION
Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract
or Program Attachment, as applicable, (and any renewals of the Contract or
Program Attachment) on its own terms, Contractor shall cease services under the
Contract or Program Attachment and shall cooperate with DSHS to the fullest
extent possible to ensure the orderly and safe transfer of responsibilities under the
Contract to DSHS or other entity designated by DSHS. Upon receiving notice of
Contract or Program Attachment termination or non-renewal, the Contractor agrees
to immediately begin to transition recipients of services to alternative service
providers, as needed. Contractor also agrees to completely cease providing services
under the Contract or Program Attachment by the date specified in the termination
or non-renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of the Contract or Program Attachment, or incur any
additional expenses once the Contract or Program Attachment is terminated or has
expired. Upon termination, expiration or non-renewal of this Contract or a Program
Attachment, Contractor shall immediately initiate Closeout activities described in
General Provisions (Core Subrecipient 2008) 6/12/2007 39
CONTRACT NO. 2008-024591-
PROGRAM ATTACHMENT N0. 001
PURCHASE ORDER NO. 0000332496
CONTRACTOR: PARIS-LAMAR COUNTY HEALTH DEPARTMENT
DSHS PROGRAM NSS -WIC CARD PARTICIPATION
TERM: 10/01/2007 THRU: 09/30/2008
SECTION I. STATEMENT OF WORK:
Contractor shall administer the Department of State Health Services (DSHS) Special
Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide
supplemental food instruments, nutrition education, and counseling to enhance good health care
at no cost to low-income pregnant and postpartum women, infants and children identified to be at
nutritional risk. Contractor shall complete the following:
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.
Contractor shall ensure adequate staff coverage and uninterrupted delivery of services.
Services shall be performed according to the terms and specifications of DSHS Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or the
United States Department of Agriculhire (USDA) as referenced in this contract
Attachment. During the term of this contract Attachment, USDA will issue regulations,
instnictions, policies and/or directives, which may be incorporated into the DSHS WIC
Program Policy and Procedures Manual and program Hiles.
Contractor shall provide services in the authorized geographic service area(s) described
in Contractor's application and agreed to by DSHS. Contractor can change the
authorized geographic service area(s) with written approval from DSHS. If DSHS
disagrees on change of geographic service area(s), Contractor may terminate this contract
Attachment with at least thirty (30) days written notice.
B. Assist in the collection of data that will identify benefits of this nutrition intervention
program and filrnish financial, health, nutrition education and any other special reports in
a timely manner as required by DSHS WIC Program's written rules and policies for the
compilation of such data.
C. Determine eligibility of applicants through assessment of their categorical income,
residence and nutritional status, and provide nutrition education and counseling to
eligible participants. Provide immunizations to eligible participants.
D. Appoint a Contractor WIC Director/Supervisor.
PROGRAM ATTACHMENT -Page 1
E. Train Contractor's Local Agency staff.
F. Submit the following reports/plans by the due date:
1. Monthly Incentive Funding Summary Report by the 15`'' day of the following
month;
2. WIC Local Agency Performance Measure Report by the 15t" day of the following
month; and
3. WIC Information System Environment (WISE) Cost Report by April 30, 2008.
G. Conduct outreach to potential participants.
H. Complete surveys as requested.
Complete WIC Vendor Evaluation Forms and return to the DSHS within twenty-one (21)
days of receipt or approved extension.
.l. Determine participants' access to health care, medical care and other human services, and
make appropriate referrals. Contractor 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.
K. Issue pre-numbered food instruments furnished by DSHS 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
DSHS. Contractor shall be held financially responsible for all unaccounted for food
instruments and/or for the redeemed value of those issued to ineligible participants. In
addition, Contractor shall be held financially liable for issuance of infant formula
instruments that are not authorized or prescribed according to the WIC Policy and
Procedures Manual.
L. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) at all
Contractor WIC clinics and administrative offices using Texas-WIN software on a
network or stand alone personal computer. Installation at all Contractor permanent WIC
sites is required. VSAT installation for new sites or sites moving from one location to
another requires a minimum of 30 days notice.
Connect portable computers (notebook or laptop) that use Texas-WIN software daily to a
(VSAT) and transfer data to the state office. Daily is defined as Monday -Friday and
Saturday if WIC services are provided. Portable computers may go to any of the
Contractor's WIC sites for data transfer.
M. 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 otheitivise approved. in writing by DSHS.
PROGRAM ATTACHMENT -Page 2
N. Offer services during extended hours of operation outside the traditional times of 8:00
a.m. to 5:00 pail., Monday through Friday, according to the Contractor's Annual Plan of
Operations as approved by DSHS and incorporated by reference.
O. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide
training and salary of peer counselors who assist pregnant and breastfeeding WIC
participants in nornlal breastfeeding situations. This funding item is contingent upon
availability and whether participation is requested by Contractor and approved in writing
by DSHS.
P. Implement special projects according to DSHS-approved plan related to nutrition
education, outreach or breastfeeding if project is requested by Contractor and approved
by DSHS. Funding for special projects is contingent upon availability and approval of
the Contractor's plan for the special project in writing by DSHS.
Q. Implement lactation services for WIC participants who have breastfeeding problems that
are beyond the expertise of Contractor's local WIC staff and/or peer counselors using
International Board Certified Lactation Consultants or the most qualified equivalent.
Lactation services may also include Contractor's Local WIC Agency staff training and
the provision of lactation equipment. DSHS will provide written approval of
Contractor's plan to use lactation funding. Contractor's plan must include qualifications
of any non-board certified lactation consultant, which is included in the proposal.
R Ensure adequate staff coverage and uninterrupted delivery of WIC services if any
member of Contractor's staff is approved in writing by DSHS to participate in DSHS
Dietetic Internship program. This internship will consist of no less than 900 hours of
supervised learning experiences in a variety of nutrition-related facilities and will prepare
Contractor's selected staff member to better meet the needs of WIC participants.
S. Stock DSHS-provided manual pumps, single-user and multi-user electric breast pumps
and collection kits and distribute the appropriate pumps and/or kits to eligible WIC
participants.
T. Implement or expand Contractor's use of a Registered Dietitian (RD) to provide an array
of technical services. Obtain the services of a RD who is registered with the Commission
on Dietetic Registration to provide services for Contractor 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.
Contractor shall comply with all applicable federal and state laws, rules, regulations, standards,
and guidelines in effect on the beginning date of this Attachment as amended, including, but not
limited to:
PROGRAM ATTACHMENT -Page 3
1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017
and 3018;
2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative
Code, 5~ 31.11-31.37; and
3. Child Nutrition Act of 1966, as amended, 42 USC 1786.
The following documents are incorporated by reference and made apart of this contract
Attachment.
1. DSHS Standards for Public Health Clinic Services, revised January 31, 2004;
2. USDA Food and Nutrition Service (FNS) Guidelines;
3. USDA FNS Instructions issued under the FNS Directives Management System; and
4. WIC Policy and Procedures Manual.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall
inform DSHS Program, in writing, if it shall not continue performance under this contract
Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate
the contract Attachment immediately or within a reasonable period of time as determined by
DSHS.
Contractor shall perform all activities in accordance with Contractor's FY 2008 workplan,
timeframes, and budget, and any revisions as approved by DSHS. These documents are hereby
incorporated by reference and made a part of this contract Attachment.
SECTION II. PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the services described in this contract Attachment, without waiving the enforceability
of any of the other terms of the contract.
Contractor shall ensure:
1) An average of 95% of families a quarter who participate in DSHS WIC Program by
receiving food instnurtents shall also receive nutrition education classes or individual
counseling services to coincide with food instrument issuance;
2) OF all pregnant women who enter DSHS WIC Program, an average of 20% a quarter
shall be certified as eligible during the period of the first trimester of their pregnancies;
3) An average of 85.5% of clients a quarter who are enrolled in DSHS WIC 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); and
PROGRAM ATTACHMENT -Page 4
4) 98% of participants who indicate during the enrollment process of DSHS WIC Program
that they have no source of health care shall be referred to at least one (1) source of health
care at certification of eligibility.
Contractor shall submit the WIC Loccll Agency Perfornuar~ce Measa~re Report which describes
Contractor's efforts towards meeting assigned annual targets as described in items 1-4 of the
performance measures. The report shall be in an approved format as provided by DSHS, and
shall be completed and submitted to DSHS within fifteen (15) calendar days after the end of each
month.
SECTION III. SOLICITATION DOCUMENT: N/A
SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if funds are
available.
SECTION V. PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
FSR's and submit by electronic mail to Contract Development and Support Branch
WicVouchersfwdshs.state.tY.us
SECTION.VII. BUDGET:
SOURCE OF FUNDS: CFDA # 10.557
All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in
accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and
appro~~ed by DSHS WIC Program. This document is incorporated herein by reference and made
a part of this contract Attachment.
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Compliance and Reporting Article, Section 1.03, Reporting, is hereby
amended to include the following:
Contractor shall submit vaccine report forms as required by DSHS WIC Program.
Contractor shall comply with instructions from DSHS to transmit immunization activity
at intervals specified by DSHS WIC Program.
General Provisions, Compliance and Reporting Article, Section 1.07, Statutes and Standards
of General Applicability, is hereby amended to include the following:
All provisions required by implementing the regulations of the Department of
Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of
PROGRAM ATTACHMENT --Page 5
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 Contractor receives federal
financial assistance from FNS; and hereby gives assurance that it shall immediately take
measures necessary to implement this contract Attachment.
Contractor 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 Contractor violates any nondiscrimination laws. This Assurance is
binding on Contractor, 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 Core Contract are authorized to
sign this Assurance on behalf of Contractor.
Contractor shall comply with all of the requirements of the current WIC Policy and
Procedures Manual and Program n~les as well as state and federal laws and amendments
governing or regulating the WIC Program. A copy of the current WIC Policy and
Procedures Manual has been made available to Contractor. The WIC Policy and
Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are
incorporated into this Agreement by reference. Contractor has a duty to become familiar
with the contents and procedures contained within the WIC Policy and Procedures
Manual.
Contractor shall comply with all of the requirements of the WIC Policy and Procedures
Manual and Program rules as well as state and federal laws and amendments goven~ing
or regulating the WIC Program.
Contractor is responsible for ensuring that employees or agents acting on behalf of
Contractor comply with all of the requirements of the WIC Policy and Procedures
Manua], Program rules and all state and federal laws and amendments governing and
regulating the WIC Program.
General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment
Methods, is hereby modified to include the following paragraphs:
The participant caseload will be assigned by DSHS by giving written notice to
Contractor. The participant caseload is subject to change upon written notice to
Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for
all food costs resulting from Contractor 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.
PROGRAM ATTACHMENT -Page 6
DSHS will reimburse Contractor 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 Contractor's total assigned caseload within any given month.
Surplus funds (the amount by which maximum reimbursements exceed actual costs) can
be accumulated and carried forward within the contract Attachment term. Surphis
encumbered by September 30 shall be billed and vouchers received by DSHS no later
than sixty (60) calendar days following the teen of the program attachment.
PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT:
During the term of the contract Attachment, Contractor shall earn administrative funds at
the rate of $12.24 for each participant served as defined above.
Contractor shall provide immunizations under DSHS WIC Special Initiative.
Immunizations administered and funded by DSHS WIC Special Initiative to WIC
applicants/participants and their siblings will be reimbursed actual immunizations
expenses not to exceed $1.2455.92.
DSHS may pay for additional goods or services as specified in this Attachment if
provided by Contractor during the term of this Attachment (but not otherwise paid during
the teen of this Attaclunent) if it is in the best interest of DSHS to do so, and funds are
available.
The Contractor will be notified if a change in funding occurs and will have thirty (3U)
days to provide written notice to the DSHS if it intends to terminate this contract
Attachment.
Contractor agrees that:
(1) Contractor 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 within the DSHS
WIC Program.
(2) DSHS will reimburse Contractor 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
PROGRAM ATTACHMENT -Page 7
participation not to exceed Contractor's assigned participant caseload, plus any
incentive funds allocated to Contractor by DSHS.
(3) DSHS will limit (cap) Contractor's indirect costs to twenty (20) percent applied to
Contractor's total direct salaries plus benefits reimbursed by DSHS.
(4) DSHS will identify annually to Contractor an amount of funds that shall be spent
for breastfeeding promotion. The allocation of breastfeeding funds to Contractor
will be based on Contractor's proportional share of the statewide combined total
of pregnant and breastfeeding participants as reported to DSHS WIC Program.
(5) DSHS WIC Program also reserves the right to withhold a proportionate amount of
earned administrative fiends when evidence exists that nutrition education and/or
breastfeeding promotion is not being provided by Contractor, or Contractor is not
complying with the provisions of USDA and/or DSHS directives.
(6) DSHS may renew this contract agreement for each subsequent fiscal year.
(7) DSHS reserves the right to utilize a competitive offering for the award of any
future contracts at the end of the term of this contract Attachment.
(8) DSHS may amend or terminate this contract Attachment if available funds
become reduced, depleted, or unavailable during the term of the contract
Attachment to the extent that the WIC Program is unable to provide
administrative funding at the rate(s) shown above. DSHS will provide written
notification to Contractor of such fact.
(9) DSHS may pay for additional services as specified in this contract Attachment if
provided by Contractor during the teen of this contract Attachment (but not
otherwise paid during the term of this contract Attachment) if it is in the best
interest of the State and DSHS WIC Program to do so. If Contractor exceeds the
amount of earned administrative funds as stated above, Contractor shall contimie
to bill DSHS for the services provided. If additional funds become available at a
later date for the provision of these services, DSHS WIC Program may pay
Contractor a share of these funds.
(10) DSHS may provide incentives to Contractor's Local WIC Agencies for
participants who are provided WIC services outside the normal traditional hours
to the extent that federal funding is available.
(1 1) DSHS may adjust the base reimbursement rate defined above during the term of
this contract Attachment if it is in the best interest of the State of Texas and DSHS
WIC Program and if administrative WIC Grant funds change.
PROGRAM ATTACHMENT -Page 8
Contractor shall indicate separately on the face of the claim for reimbursement (State of
Texas Purchase Voucher, Forn1 B-13) the costs associated with nutrition education,
breast-feeding, and other administrative costs.
General Provisions, Payment Methods and Restrictions Article, Section 4.04, Working
Capital Advance, is not applicable to this contract Attachment. However, Contractor will be
allowed the option of receiving a two (2) month cash advance in accordance with WIC Program
Policy and Procedures.
General Provisions, Records Retention Article, Section 8.01, Retention shall be replaced with
the following:
Recordkeeping requirei~aents. Each State and local agency shall maintain full and complete
records concerning Program operations. Such records shall comply with 7 CFR Part 3016 and
the following requirements:
(1) Records shall include, but not be limited to, information pertaining to financial operations,
food delivery systems, food instrument issuance and redemption, equipment purchases and
inventory, certification, nutrition education, civil rights and fair hearing procedures.
(2) All records shall be retained for a minimum of three years following the date of submission
of the final expenditure report for the period to which the report pertains. If any litigation, claim,
negotiation, audit or other action involving the records has been started before the end of the
three-year period, the records shall be kept until all issues are resolved, or until the end of the
regular three-year period, whichever is later. If FNS deems any of the Program records to be of
historical interest, it may require the State or local agency to forward such records to FNS
whenever either agency is disposing of them.
(3) Records for nonexpendable property acquired in whole or in part with Program. fiends shall be
retained for three years after its final disposition.
(4) All records shall be available during normal business hours for representatives of the
Department and the Comptroller General of the United States to inspect, audit, and copy. Any
reports or other documents resulting from the examination of such records that are publicly
released may not include confidential applicant or participant information.
General Provisions, Notice Requirements Article, Section 10.01, Child Abuse Reporting
Requirement, is hereby amended to include the following:
Local agencies that choose to interview a client to determine if an affirmative defense to
prosecution exists, as defined by DSHS, which would allow them under the DSHS
policy to not make a report of child abuse, must conduct these interviews in the following
manner.
• For ineligible clients, the interview shall be conducted after the entire WIC visit is
done. For eligible clients, the interview may occur at the point in time when all
WIC activities, including communication of eligibility and individual counseling,
are completed with the exception of food voucher issuance.
PROGRAM ATTACHMENT -Page 9
• The interview shall be conducted only by a competent authority or a supervisor and
in a confidential setting.
• Prior to asking the client any questions, the interviewer shall inform the client that
the questions have no bearing on their WIC eligibility and receipt of services.
General Provisions, General Business Operations of Contactor Article, Section 12.03,
Management and Control Systems, Item a, regarding internal budgeting and Item c, regarding
billing, collection, and fee schedules are not applicable to this contract Attachment.
General Provisions, General Business Operations of Contractor Article, Section 12.07,
Overtime Compensation, is not applicable to this contract Attachment.
General Provisions, General Business Operations of Contractor Article, Section 12.21,
Equipment and Controlled Assets Purchases, last four sentences of this section are not
applicable to this contract attachment.
General Provisions, General Business Operations of Contractor Article, Section 12.24,
Property Inventory and Protection of Assets, is replaced with the following:
Contractor shall maintain a nonexpendable personal property (equipment and controlled
assets) inventory and submit an annual cumulative report to DSHS Property Management
Group in coordination with the Department's Contract Oversight and Support Section.
Format and delivery date as designated by DSHS, Contractor shall administer a program
of maintenance, repair and protection of assets under this Contract so as to assure their
frill availability and usefulness. In the event Contractor is indemnified, reimbursed, or
otherwise compensated for any loss of, destruction of, or damage to the assess provided
under this Contract, it shall use the proceeds to repair or replace said assets.
General Provisions, General Business Operations of Contractor Article, Section 12.27,
Property Acquisitions, is not applicable to this contract attachment.
PROGRAM ATTACHMENT -Page 10
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE
AGREEMENTS
The undersigned certifies, to the best of his or her I:nowledge and belief that:
(l j No federal appropriated funds have been paid or will be paid, by o r 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, an officer or employee of congress, or an employee of 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.
(2) 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
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an
officer or employee of congress, or an employee of a member of congress in connection with this
Standard Form-1 1, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) 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.
Phis 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 that $10,000 and not more than $100,000 for each
such failure.
Signature
Date
Print Name of~Authorized Individual
2008-024591
Application or Contract Number
PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
Organization Name
CSCU # EF29-12374 -Revised 2/2006