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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' 1111111111 . 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