Loading...
HomeMy WebLinkAboutRES 84-363 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to enter into a contract with the Texas Department of Health, in the form attached hereto as Exhibit "A" , for the Women, Infants and Children Nutrition Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the a day of ri �lcF 1984. Mayor - j7 1 TDH Document #C 5000640 SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) A G R E E M E N T In order to effectuate the Special Supplemental Food Program for Women, Infants and Children, hereinafter called WIC, of the United States Department Agriculture (USDA), the Texas Department of Health, hereinafter called State, and Beaumont City Health Department (40 ) 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, and appear in the State WIC Policy and Procedure Manual. 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 in a timely manner as required 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 as identified in the State Policy and Procedure Manual. D. Have a competent professional authority as defined by WIC Federal Regulations and State policies, on the project staff and have the capability to perform the required certification procedures. E. Make available appropriate health services to participnts up income level specified for the Program and inform appl icants ofothee health services which are available. When health services are provided through referral, the project must have a plan for continued efforts to make health services available to participants at the clinic or through written agreements with health care providers. F. Provide a food voucher delivery system through the issuance of prenumbered 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 for food vouchers. G. 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. Exhibit "A" Page 2 of 5 pages H. Shall submit as a final annual close-out report a Financial Status Report State Supplemental Form 269, for total Project Administrative and Nutrition Education expenses no later than December 30, 1985, and if necessary, a State of Texas Purchase Voucher for all costs that have not been reimbursed. I. Shall submit monthly performance data which includes: Report of Program Operations, AC 80-1, Report of Card Sequence Used, AC 80-3, and Cards Voided, AC 80-4. Lost/Stolen Report, AC 78-10, shall be submitted as necessary. Also on an annual basis, submit a Racial/Ethnic Group Participation Form, FNS-191, by the seventh working day of October. J. To the extent permitted by law, release information concerning individual 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. K. Provide persons aggrieved by any of the Project's determinations a prompt opportunity for a fair hearing as specified in the State WIC Policy and Procedure Manual. L. Make available all WIC files and records for review and examination by State or USDA representative during normal business hours. M. Respond in writing to all review and audit exceptions within thirty calendar days of their receipt. N. Provide every two years an independent organizational wide audit of financial operations in accordance with requirements contained in Office of Management and Budget Circulars as adopted by the Uniform Federal Assistance Regulations, 7 CFR Part 3015. 0. Provide or establish a property management system that meets the requirements 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 State and revised WIC policy. . II In accordance with the Uniform Grant and Contract Management Standards for State Agencies, Article 4413, Section 32g, V.A.C.S., the State adopts by ' reference in its entirety said standards as issued by the Governor's Budget and Planning Office as terms and conditions of this Agreement: (A copy of this Manual and its references are provided to the Project by the State upon request.) The State agrees to reimburse Project for services provided under Section "I" 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) can be accumulated and carried forward. The time period during which such surpluses may be recovered will be determined by the State. Pages 3 of 5 pages Participants served per Month Maximum Reimbursement First 500 participants served $ 8.90 per participant Next 1000 participants served $ 7.25 per participant Next 3500 participants served $ 5.10 per participant All additional participants served $ 3.00 per participant C. Project agrees that (1) not less than 20% of total, annual administrative costs will be separately identified and documented as expenditures directly related. to nutrition education; and (2) that State will reimburse 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 participation not to exceed maximum caseload per Section II, paragraph B. Nutrition education expenditures must also be supported by documentation of participant 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 participant level with the stipulation that the nutrition education funding requirement is met as outlined in Section II, paragraph C. 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. 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 regulations and/or directives pertaining to the program. G. The caseload quantity shall be assigned by State by giving written notice to Project and may be subject to change from time to time upon written notice to Project from State. Project assumes liability for all food costs resulting from Project exceeding assigned caseload maximum. 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. I. State reserves the right to grant exceptions to the above funding formula as described in Section II, paragraphs B and C above. J. Performance of Section II of this Agreement shall be contingent upon funds being made available by USDA. K. All program income shall be retained by the project and: 1. Used by the project for any purposes which further the objectives of legislation under which the grant was made, and be deducted from total project costs, or . 2. Be deducted from total project costs, according to the Departmental (State) policy interpreting Uniform Grant and Contract Management Standards Manual (UGCMS), a copy of which is included in the UGCMS Manual. III . For and in consideration of the mutual benefits accruing o both g parties of this Agreement, it is further agreed and understood that: Page 4 of 5 pages 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. 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 infeasible or impossible, then in that event both Project and State shall be discharged from further obligation claimed under the terms of tiie 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. C. 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. D. This Agreement shall become effective on October 1, 1984, and shall continue until September 30, 1985, unless terminated earlier as provided herein. State may renew this Agreement for each fiscal year thereafter, by notice in writing given to Project. E. 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 regulations and/or policies have not been fully complied with by Project. Allowable and approved program expenditures by Project up to the date of termination shall be reimbursed. 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. F. 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. G. "The program applicant (project) 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 Page 5 of 5 pages 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." Executed in triplicate originals on the dates indicated. PROJECT TEXAS DEPARTMENT OF HEALTH By: By Project Official Empowered and Hermas L. Miller Authorized to Contract Deputy Commissioner Management and Administration Name (Print) Official Title (Print) Date Date Recommended: By: P. Clift rice, M.V. 'Associate Commissioner Personal Health Services Approved As To Form: By: Office of General Counsel 1 �l,