§ 3170.93. Contracts
(a) Contracts between Department and counties. The Department may enter into a purchase of service agreement annually with counties who wish to provide social services under Title XX and the comprehensive annual services program plan.
(b) Purchase of service requirements. The county shall maintain a written contract or purchase of service agreement with providers to which clients are regularly referred, or with which the county agency, the juvenile probation office, and the court have a continuing relationship. This includes program-funded facilities. The contract shall represent a legally binding agreement between the county and the provider, and shall be renewed annually.
(c) Conformity. The contract shall provide for conformity with the regulations or procedures promulgated by the Department. The contract shall specify the types of services provided by the contracting agency for the county. In the case of unit of service agencies, the rate of reimbursement for a service shall be cited. In no case shall a provider agency be retroactively awarded an increased rate of reimbursement.
(d) Suspension or revocation of contract. A county may suspend or revoke a contract if the contractor substantially fails to meet the regulations, standards, or terms of the contract during the period when the contract is in effect.
(e) Service contracts or agreements.
(1) Services purchased by contract or agreement shall bear the signature of the chairperson of the county commissioners, or a duly authorized representative, and the director or administrator of the service provider. Purchased service contracts or agreements shall also include the following:
(i) Contracting parties and addresses.
(ii) Effective date and term of the contract.
(iii) Contracted amount or unit price and payment schedule.
(iv) Provisions for contract modification, amendments, or termination.
(v) Prohibition against reassignment of the contract without permission of the county.
(vi) Work statement, including the service provider’s location and hours of operation.
(vii) Required reports for the county and the Department.
(viii) Maintenance and retention of required reports, documents, and accounting books.
(ix) Audit rights on the records in subparagraph (viii) and inspection rights of performance by the county and the Department.
(x) Procurement of liability insurance.
(xi) Client confidentiality and right of privacy.
(xii) Units of service to be provided and their definitions.
(xiii) A provision that the parties to the contract shall not discriminate against any employe, client, or other persons on account of race, color, sex, religious creed, national origin, age, or handicap.
(2) Contracts or agreements between the county and a program-funded provider shall contain the following additional components:
(i) Provisions for budget modification or amendment.
(ii) Property title rights for fixed assets purchased or materials, plans or procedures developed through the agreement.
(iii) A budget and fiscal statement of how fees or costs were determined.
(iv) Provision for the procurement of fixed assets.
(3) Agreements shall be reviewed by the county solicitor who may require additional components beyond the requirements outlined in paragraph (2).
(4) A narrative description of the services to be covered by the contract shall be included in the county’s annual services plan. A signed contract becomes the authorization for the expenditure of funds for services identified by the agreement. Therefore, county agency funds cannot be expended for provider expenses until a contract is signed.
(f) Contracts with providers outside of the county and the county children and youth agency. A county or county children and youth agency may purchase services from a service provider within the jurisdiction of another county. The services shall be purchased via contract or written agreement with the provider. If the provider is a program-funded agency, the payments received for the services shall be reported as income and subtracted from the gross expenses billed to the county agency of which it is part.
(g) Conflict of interest. The appropriate county authority shall not make any contract or agreement with a person, company, or organization in which a member of the county children and youth staff has a financial interest; nor, shall the county authority contract with members in its own staff or their immediate families, except with the clear prior written approval of the regional office.
Cross References This section cited in 55 Pa. Code § 3170.23 (relating to purchase of service).
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