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HomeMy WebLinkAbout15110 ORD - 09/12/1979vp:9/11/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THE CITY - COUNTY HEALTH DEPARTMENT TO PROVIDE A PROGRAM OF NUTRITION COUNSELING AND FOOD VOUCHERS TO ELIGIBLE WOMEN, INFANTS, AND CHILDREN FOR THE PERIOD BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby authorized to enter into an agreement with the Texas Department of Health for the City - County Health Department to provide a program of nutrition counseling and food vouchers to eligible women, infants, and children for the period beginning October 1, 1979 and ending September 30, 1980, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to enter into an agreement hereinabove set out at the earliest practicable date in order that the nutrition program may commence without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the A2/ day of September, 1979. �fArA FL '!� � R ATTEST: ty Secretary APP VED: DAY OF SEPTEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By�_,{A. ) 'ssi stant Cad J torney 15110 CITY OF CORPUS CHRISTI, TEXAS �vu�ROFILM_FD), ,1�1d 11 Page 1 of 3 SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) AGREEMENT In order to effectuate the Special Supplemental Food Program for Women, Infants and Children, hereinafter called WIC, of the United States Department of Agriculture (USDA), the Texas Department of,Health, hereinafter called State, and Corpus Christi-Nueces County Department of Public Health & Welfare the approved WIC Project, hereinafter called Project agree as follows: I. For and in consideration of the payments and commitments to be made and performed by State, Project agrees and promises to: A. Perform professional, administrative and clerical services necessary to provide special supplemental foods to qualified women, infants and children in a specified geographic area according to the terms and specifications of such program as set out in State and/or USDA regulat- ions, instructions, policies, and/or directives that will be issued to Project as they are formulated; B. Assist in the collection and evaluation of data which will medically identify benefits of this food intervention program and to furnish such financial, food dietary, medical records, nutrition education, and reports as are requested by State for the compilation of the aforesaid data; C. Determine eligibility of applicants, register participants, collect data, conduct measurements, provide nutrition education, and maintain records as may be required by State and/or USDA Regulations for this program. D. Issue pre -numbered food vouchers to qualified participants who will use such vouchers to obtain the specified food items from participating vendors who will then submit redeemed vouchers to State and receive actual costs of such food from State; E. Submit to State an itemized monthly record of Project's administrative and other expenses for reimbursement in the format required by State; F. To the extent permitted by law, release information concerning individ- ual participants only to persons directly connected with the WIC Pro- gram, and make available documents which do not pertain to individual participants, including program regulations and instructions, to the public upon request; G. Provide persons aggrieved by any of Project's determinations a prompt opportunity for a fair hearing as specified in the regulations and/or- instructions nd/or-instructions issued by State. H. Make available all WIC files and records for review and examination by State or USDA representatives during normal business hours. I. Respond in writing to all review and audit exceptions within thirty calendar days of their receipt. page 2 of 3 II. State agrees to reimburse Project for the services provided under section "I" above in accordance with the following terms and conditions: A. State will reimburse Project for administrative costs which include costs for referral, vendor, internal operations, monitoring, nutrition education, general administration, startup, outreach and clinic. B. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursements" set out below, based on the number of participants who actually receive food vouchers each month. Surplus funds (the amount by which maximum reimbursements exceed actual cost) will be accumulated and carried forward on an individual project basis. The time period during which such surpluses may be recovered will be determined by the State based on funding restrictions imposed by USDA and shall not exceed the term of this contract or duly authorized extensions thereof. Participants served Maximum per months reimbursement First 500 participants served Next 1000 participants served Next 3500 participants served All additional participants served 6.50 per participant 5.20 per participant 3.90 per participant 2.00 per participant C. Project agrees that (1) not less than 252 of total, annual administra- tive costs will be separately identified and documented as expenditures directly related to nutrition education; and (2) that State will re- imburse Project for administrative expenses at a rate not greater than four times the amount of properly documented expenditures for nutrition education but not more than is earned based on caseload per Section II, paragraph B. D. All administrative obligations and expenditures must be incurred and documented in accordance with OASC-10, FMC A-102 revised, current federal regulations, and published State policies. E. State reserves the right to exclude and/or recover any expenditures that have been claimed and/or paid that are not authorized by the re- gulations and/or directives pertaining to the program. F. The caseload quantity shall be assigned by State by giving written notice of same to Project and may be subject to change from time to time upon written notice to Project from State. G. State reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education is not being provided by Project, or that Project is not complying with the provisions of USDA and/or State directives. III. For and in consideration of the mutual benefits accruing to both parties of this agreement, it is further agreed and understood that: A. State and/or USDA shall have the right through their representatives to inspect, examine, investigate, and evaluate the program described in Section I above and the facilities provided by Project under this agreement at any time during normal business hours, and at other times by mutual agreement made in advance. B. Performance of Section II of this agreement shall be contingent upon funds being made available by USDA. C. It is further agreed and understood that in the event State and federal laws affecting either Project or State are amended so as to render fulfillment of this agreement on the part of either Project page 3 of 3 or State unfeasible or impossible, then in that event both Project and State shall be discharged from further obligation claimed under the terms of the agreement except for equitable settlement of the respective accrued interests up to the date of termination. It is further agreed and understood that if the total amount of funds made available by USDA are inadequate to fulfill the obligations incurred by reason of this agreement, then this agreement shall be void as to both parties. D. The terms of this,agreement shall not be modified or changed in any way other than by the consent in writing of both parties hereto, in the manner authorized by law. E. This agreement shall become effective on October 1, 1979, and shall continue until September 30, 1980, unless terminated earlier as pro- vided herein. State may renew this agreement for each fiscal year thereafter, by notice in writing given to Project. F. This agreement may be terminated upon 30 days written notice on the part of either party hereto and State may terminate this agreement immediately upon receipt of evidence that the terms and conditions of this agreement and/or USDA and/or State directives have not been fully complied with by Project. Allowable and approved program expenditures by Project up to the date of termination shall be re- imbursed. Unilateral termination of this contract by State for cause shall be subject to review on appeal by Project in accordance with established program Fair Hearing procedures. G. Notwithstanding any termination of this agreement, the obligations of Project with respect to retention and audit of records and submission of reports shall continue until the requirements of the regulations have been fully performed. Executed in triplicate this day of PROJECT ' TEXAS DEPARTMENT OF HEALTH By: Project Official Empowered and Authorized to Contract ATTEST: By: A. M. Donnell, Jr., M.D. Deputy Commissioner of Health APPROVED: City Secretary Assistant City Attorney APPROVED AS TO FORM: Director of Finance By: Legal Division Texas Department of Health Corpus Chris aday o ti, xas 19'1q TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in -the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THIS" CITY 0CORPUS CHRISTI, TEXAS The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15110