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
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