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HomeMy WebLinkAbout15789 ORD - 09/24/1980• 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, 1980 AND ENDING SEPTEMBER 30, 1981, 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;,tAND 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, 1980 and ending September 30, 1981, 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 that City Council, and the Mayor having declared that such emergency and necessity exist, 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 2'/ day of September, 1980. ATTEST: City Secretary; APPROVED: :23 DAY OF SEPTEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit 1 789 MAYOR Pro -Tem THE CITY OF CORPUS CHRISTI, TEXAS C KiCROfLMED SEP 2 71984 Page 1 of 4 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 regula- tions, 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 nutrition intervention program and to furnish financial, dietary, medical, nutrition education and any other special reports as are requested by the State for the compilation of the foresaid 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. Provide a food voucher delivery system through the issuance of pre - numbered food vouchers to qualified participants who will use such vouchers to obtain the specified food items from participating vendors; to maintain complete accountability of all food vouchers received from the State/and to be held financially responsible for all unaccounted food vouchers. 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 issued by State; EXE • - Page 3 of 4 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 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, 1980, and shall continue until September 30, 1981, 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 terminationshall 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; H. The Project hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by the regulations of the USDA (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on the grounlof race, color, or national origin, be excluded from participation in, be denied the benefits of, or be other- wise subject to discrimination under any program or activity for which the program applicant received federal financial assistance from the USDA; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants and loans of Federal funds, reimbursable expenditures, grant or donation of Federal • property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use, Federal property or interest in such property or the furnishing of services without consid- eration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the program applicant by the Department. This includes any Federal agreement, arrangement, or other contract Page 4 of 4 which has as one of its purposes the provision of assistance such as food, and cash assistance for purchase or rental of food service equip— ment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. By accepting this assurance, the Project agrees to compile data,'main— tain records and submit reports as required, to permit effective enforce— ment of Title VI and to permit authorized USDA personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with Title VI. If there are any violations of this assurance, the State shall have the right to seek judicial enforce— ment of this assurance. This assurance is binding on the Project, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the program applicant. Executed in triplicate this day of PROJECT TEXAS DEPARTMENT OF HEALTH By: By: Project Official Empowered and A. M. Donnell, Jr., M.D. Authorized to Contract Deputy Commissioner of Health Name: — R :Marvin Townsend APPROVED AS TO FORM: (Print) Official Title: City Manager By: (Print) Legal Division Texas Department of Health - ATTEST: Bill G. Read, City Secretary Approved: day of J. Bruce Aycock, City Attorney By - Assistant City Attorney , 1980: Corpus Christi, xas day of , 19 80 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 ir071ef / d —__,\ THE CITY OF -CORPUS CHRISTI, TEXAS folloGring vote: The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sampler Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 15789