(a) The contract shall contain at least the following information: - (i) Statements of the statutory authority and of the legislative appropriation under which the Division may enter into the contract;
- (ii) Name and address of the provider;
- (iii) Location where services shall be provided;
- (iv) Identification of services to be purchased;
- (v) List of the provider's responsibilities including a requirement that provider establish a fair hearing procedure to hear and decide clients' complaints against the provider, and a list of the requirements and conditions with which the provider shall comply;
- (vi) List of the responsibilities of the Division;
- (vii) Payments to be made by the Division, the amount, schedule, rate, and provisions for reimbursement.
- (viii) Term of the contract;
- (ix) Effective date of the contract;
- (x) An express provision that the provider agrees:
- (A) To provide the specific services purchased by the Division in accordance with the standards promulgated by the Division for the program area of service;
- (B) To comply with all the applicable federal, state, and local laws and rules of the Division, and conditions and provisions of the contract;
- (C) To submit to the Division annual financial and expenditure reports;
- (D) To submit two copies of an independent financial audit to the Office of Planning and Administration within the Department of Health and Social Services and one copy to the State Examiner. The audit shall conform to the requirements of W.S. 16-4-121 through 16-4-123 and W.S. 16-4102(a)(ix). The audit shall be performed within sixty (60) days after the end of the provider's fiscal year. Compliance with this section of the contract will be based on the State Examiners review and acceptance or rejection of the audit in conformity with W.S. 26-4-123:
- (II) All state funds by source;
- (IV) All municipal funds; and
- (V) All funds received from private sources including client fees.
- (E) To termination of the contract is not using contract funds for contract purposes;
- (I) The program provider is not using contract funds for contract purposes;
- (II) The contract program is not being administered in accordance with W.S. W.S. W.S. 35-1-611 through 35-1-627;
- (III) The program is not of an acceptable standard or quality;
- (IV) The provider is not complying with the terms of the contract; or
- (V) The provider commits an act or omission in violation of federal, state, or local laws or rules of the Division which would affect services to clients.
- (xi) An express provision that the Division does not waive its sovereign immunity by entering into the contract and fully retains all immunities and defenses provided by law with regard to any action based on the contract.
- (xii) An express provision that funds received from the Division may be used to pay for the costs of the audit.
(b) The contract may contain individualized provisions for specific requirements or conditions which are necessary and appropriate to the contractual relationship with the provider.
(c) The contract shall be dated and signed by the Director of the Department, the Administrator of the Division, the chairman of the board of directors of the provider and attested to by the treasurer of the board of directors of the provider. If the provider is a community human services board, the officers of the board shall sign the contract on its behalf.
(d) The contract shall be executed in duplicate originals, one to be delivered to the provider and one to be retained by the Division.
(e) Upon receipt of the executed contract, the Administrator shall take the necessary steps to purchase the services offered by the provider and to remit payment to the provider.