HomeMy WebLinkAbout16519 ORD - 09/09/1981sp;9/4/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE TEXAS DEPARTMENT OF HEALTH AND TO EXECUTE
ALL NECESSARY RELATED DOCUMENTS TO CARRY OUT THE
SPECIAL SUPPLEMENTARY FOOD PROGRAM FOR WOMEN, IN-
FANTS, AND CHILDREN DURING THE YEAR OCTOBER 1, 1981
THROUGH SEPTEMBER 30, 1982; 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 execute a contract with the Texas Department of Health and to execute all
necessary related documents to carry out the special supplementary food pro-
gram for women, infants, and children during the year October 1, 1981
through September 30, 1982.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the public
necessity of executing the aforesaid contract for
such finding of an emergency is made
Charter rule as to consideration and voting upon
three regular meetings so that this ordinance is
supplementary food program,
and declared requiring suspension of the
ordinances or resolutions at
passed and shall take effect
upon first reading as an emergency measure this
ATTEST:
Cit Secretary"
A OVED:
DAY OF SEPTEMBER, 1981
'Bruce Cit j Attorney
MAY
9 day of September, 1981.
16519
THE CITY OF CORPUS CHRISTI, TEXAS
SEP 2
SEP 2771884,,,��
MICROFILMED'
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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 as stated in the approved
application according to the terms and specifications of such program
as set out in State and/or USDA regulations, 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 for 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
Program, 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;
}
I
Page 2 of 4
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.
II.
State agrees to reimburse Project for the services, provided under section
"P" above in accordance with the following terms and conditions:
A. State will reimburse Project for administrative costs which include
participant referral, vendor evaluation and monitoring, nutrition
education, general administrative support, start-up costs, outreach
and clinic services;
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 restric-
tions imposed by USDA and shall not exceed the term of this contract
or duly authorized extensions thereof. - -
Participants served
per month
First 500 participants served.
Next 1000 participants served
Next 3500 participants served
All additional participants served
Maximum
reimbursement
$7.70 per participant
$6.30 per participant
$4.40 per participant
$2.60 per participant
C. Project agrees that (1) not less than 20% 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 five times the amount of properly documented expenditures for
nutrition education but not more than is earned based on actual partic-
ipation not to exceed maximum caseload per Section II, paragraph B.
Nutrition education expenditures must also be supported by documentation
of attendance or nonattendance;
D. For projects whose monthly participation falls below 500, the State
has the option to compute the sliding scale allowable at a 500 partic-
ipant level with the stipulation that the nutrition education funding
requirement is met as outlined in Section II, paragraph C;
B. All administrative obligations and expenditures must be incurred and
documented in accordance with OASC-10, Circular A-87 revised,
0P1BA--102 current federal regulations, and published State policies;
F. State reserves the right to exclude and/or recover any expenditures
that have been claimed and/or paid that are not authorized by the reg-
ulations and/or directives pertaining to the program;
G. 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;
H. 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;
Page 3 ok 4
I. State reserves the right to grant exceptions to the above funding formula
as described in Section II, paragraphs B and C above.
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
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;
This agreement shall become effective on October 1, 1981, and shall
continue until September 30, 1982, 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 directive 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;
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 theground of 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 per-
sonnel, the sale and lease of, and the permission to use, Federal
property or interest in such property or the furnishing of services
E.
Page 4 of 4
without consideration or at a nominal consideration, or at a con-
sideration which is reduced for the purpose of assisting the re-
cipient, 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 agree-
ment, arrangement, or other contract which has as one of its purposes
the provision of assistance such asfood, and cash assistance for pur-
chase or rental of food service equipment 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 en-
forcement 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 viola-
tions of this assurance, the State shall have the right to seek judicial
enforcement 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 Robert A. MacLean, M.D.
Authorized to Contract Deputy Commissioner of Health
Name:
(Print)
Official Title:
(Print)
APPROVED AS TO FORM:
By:
Legal Division
Texas Department of Health
ATTEST:
City Secretary
APPROVED:
DAY OF SEPTEMBER, 1981
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend, City Manager
J. Bruce Aycock, City Attorney Assistant City Manager
Corpus Christi, T
9 day o
1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16519