A contract with DCHS is a binding legal document that describes what each party signing the contract will do. A contract is not considered executed until both parties have signed. Services are not authorized until the contract is executed. DCHS does not pre-pay for services.
A contract contains these parts:
- The time period of the contract and the funding available.
- General and service area specific requirements.
- A Program Exhibit, which contains a description of the specific services to be provided (work statement), program description, expected outcomes, compensation and method of payment, and reporting requirements.
- The internal controls in place to ensure the appropriate handling of funds and maintenance of records to document work completed and all expenditures under the contract.
- Hold harmless provisions that require the agency to protect, defend, indemnify and save the county from any and all costs and claims arising out of the negligence of the agency.
- Insurance requirements that include providing the appropriate types and amounts of insurance and certificates and endorsements from the insurance provider.
- Corrective actions or basis for termination when a breach of contract occurs.
- Non-discrimination in hiring and subcontracting, and fair employment practices. This includes signing a number of forms documenting the personnel employed by the agency and attesting that the agency will comply with all county non-discrimination requirements including providing equal employee benefits between employees with spouses and employees with domestic partners.
- Assisting and protecting people with disabilities.
- Subcontracting with other agencies and the purchasing of services and some goods.
- Avoiding conflict of interest and political activity related to the contract.
- Providing services in accordance with laws, rules and regulations.
- Confidentiality, non-disclosure or use of protected health information
Questions or concerns about being able to comply with all parts of the contract should be discussed with the contract monitor/manager. They will work to explain the provisions and determine if they can be met. In some limited circumstances, application is still possible, even if some conditions cannot be met. Other alternatives are to sub-contract or partner with an entity or agency that can meet county contracting requirements.