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Home My WebLink About18160 ORD - 04/04/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THE WOMEN, INFANTS, AND CHILDREN'S SPECIAL NUTRITION PROGRAM WHICH MEETS THE REQUIREMENTS SET OUT IN UNIFORM GRANTS AND CONTRACT MANAGEMENTS STANDARDS AND INCREASES THE REIMBURSEMENT AMOUNT FROM THE TEXAS DEPARTMENT OF HEALTH; AND DECLARING AN EMERGENCY. SECTION 1. That the City Manager be authorized to execute an amendment to the agreement with the Texas Department of Health for the women, infants, and children's special nutrition program which provides for the establishment of a property management system that meets the requirements set out in uniform grants and contract managements standards, a non-discrimination statement required by the Food and Nutrition Service, and an increase in the reimbursement amount from the Texas Department of Health, all as set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the immediate need for executing the aforementioned amendment at the earliest possible date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 4th day of April, 1984. ATTEST: Af ty ecretary MAYOR /lor THE CI Y OF CORPUS CHRISTI, TEXAS APPROVED: f�`' DAY OF APRIL, 1984 J. BRUCE A COCK, CITY ATTORNEY BY ivy Ai istant City Attorney V OFILMEP Is 1R JAI 7 LH SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN AGREE1ENT AMENDMENT I MAR 141984 NURSING DIVISION The Fiscal Year 1984 Agreement that effectuates the Special Supplemental Food Program for Women, Infants and Children (WIC), of the United States Department of Agriculture (USDA), the Texas Department of Health (State), and Corpus Christi-Nueces County Department of Public Health (38) is amended effective January 1, 1984, as follows: I E. Submit a State of Texas Purchase Voucher, AG -37, monthly or as needed, to claim reimbursable costs; Administrative and Nutrition Education costs must be broken out on the face of the voucher. Also, in accordance with the Uniform Grants and Contract Management Standards, submit to the State quarterly a Financial Status Report, State Supplemental Form 269a, of total Project Administrative and Nutrition Education expenses by the 20th of the month following the report month. L. Provide every two years an independent organizational wide audit of financial operations in accordance with requirements contained in Office of Management and Budget Circular A-102 (Revised), Attachment P, published January 1981 as adopted by the Uniform Federal Assistance Regulations, 7 CFR Part 3015. M. Provide or establish a property management system that meets the require- ments set out in Uniform Grants and Contract Management Standards (UGCMS) OMB Circular A-102, Attachment N, Uniform Standards of Property Management as established by the Texas Department of Health, and revised WIC policy. Title to all tangible personal property vests with the local agency and must be inventoried on the agency's books and records. State reserves the right -to request the return of all tangible personal property upon the termination of this contract or when the local agency decides to dispose or remove the items from inventory. II 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 Month Reimbursement First 500 participants served Next 1000 participants served Next 3500 participants served All additional participants served $ 9.70 per participant $ 8.00 per participant $ 5.60 per participant $ 3.30 per participant E. All administrative obligations and expenditures must be incurred and documented in accordance with the Uniform Federal Assistance Regulations 7 CFR part 3015, Current Federal Regulations, and published State Policies. III B. 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 ful- fillment of this agreement on the part of either Project or State infeasible 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; G. "The program applicant hereby agrees that he/she will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions required by the implementing regulations of the Department of Agriculture; Department of Justice Enforcement Guidelines, 28 CFR 50.3 and 42; and FNS directives and guidelines, to the effect that, no person shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity for which the program applicant receives Federal financial assistance from FNS; and hereby gives assurance that he/she will immediately take measures necessary to effectuate this agreement. By accepting this assurance, the program applicant agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, Food and Nutrition Service, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the program applicant, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the program applicant." H. Delete this section. I. Delete this section. J. Delete this section. Executed in duplicate this day of PROJECT TEXAS DEPARTMENT OF HEALTH By: By: Project Official Empowered and Hermas L. Miller Authorized to Contract Deputy Commissioner Management and Administration Name: Edward A. Martin (Print) Recommended: Official Title City Manager (Print) By: P. Clift Price, M.D. Associate Commissioner Personal Health Services Assistant City Manager APPROVED AS TO FORM; Director of Public Health By: City Attorney City Secretary Office of General Counsel Texas Department of Health LH Corpus Christi, Texa 11day of , 198 4 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 OCORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez 'Mary Pat Slavik 181F0