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Res 183-84 10/2/1984RESOLUTION NO. /O-* RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COM- MUNITY ACTION CORPORATION CONCERNING THE MEALS- ON-WHEELS PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Community Action Corporation of Wichita Falls and North Texas Area, concerning the Meals-On-Wheels Program which is operated by the Community Action Corporation, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 2nd day of October, 1984. ATTEST: City Clerk MEALS-ON-WHEELS PROPOSED CONTRACT ELEMENTS A. CONTRACT PARTIES This contract is entered into between the City of Wichita Falls . Texas, a municipality, as contractor, hereinafter referred to as City, and the Community Action Corporation of Wichita Falls and North Texas Area, 602 Broad Street, Wichita Falls, Texas, a private, non-profit corporation, as contractee hereinafter referred to as CAC. B. CONTRACT PERIOD This contract period commences the 1st day of October, 1984 and expires the 30th day of September, 1985. C. CONTRACT PURPOSE The purpose of this contract is to set forth the terms and conditions agreed to between the City and CAC for the purpose of carrying out the Meals-On-Wheels Program, hereinafter referred to as the MOW Program, within the city limits of the City of Wichita Falls, Texas . D. CONTRACT SERVICE PERFORMANCE 1 . CAC agrees to prepare and to home deliver to eligible MOW clients approximately ninety (90) to one hundred (100) hot, nutritiously-balanced noon meals per day each Monday through Friday throughout the contract period. 2. CAC agrees to abide by the eligibility criteria established by the Texas Department of Human Resources, hereinafter referred to as TDHR, in selecting and certifying eligible program recipients . 3. CAC agrees to maintain client confidentiality as stipulated by TDHR. 4. CAC agrees to utilize a part-time nutrition consultant to prepare and analyze menus, to make monthly reviews of the MOW kitchen, and to submit to CAC the review findings . 5. CAC agrees to maintain operational and fiscal records as specified by TDHR and CAC's parent organization, Community Services Administration, hereinafter referred to as CSA. E. CONTRACT REPORTS 1 . CAC agrees to maintain, prepare and disseminate records and reports g- as required by TDHR and CSA. 2. CAC agrees to furnish City a copy of the following reports or their replacement or equivalent reports at the stated intervals : a. TDHR Form 4116, State of Texas Purchase Voucher; monthly, ten (10) working days following the last day of each month. b. TDHR Form 2014, Purchased Services expenditure Report; monthly, ten (10) working days following the last day of each month . c. TDHR Form 290-C, Monthly Service Delivery Summary; monthly, ten (10) working days following the last day of each month. d. Report showing the number of meals served; monthly, ten (10) working days following the last day of each month . e. Financial statement showing MOW current financial status ; monthly, ten (10) working days following the last day of each month. 3. CAC agrees to provide City a current list of food and kitchen suppliers used by CAC in administering the MOW Program and to submit to City updated information each month within ten (10) working days following the last day of each month. 4. CAC agrees to advise City monthly of the number of clients that leave the MOW program. The privacy of the clients will be protected in accordance with TDHR regulations . The reporting format is presented on Attachment V and will include the number of clients who leave the program, the reason(s) for terminating, and the age, ethnic identity, and sex of the client. This report will be submitted to City by CAC within ten (10) working days following the last day of the month. 5. CAC shall not be held responsible for the protection and/or dis- semination of information which TDHR elects to release to City. F. CONTRACT FISCAL CONTROLS AND AUDITS 1 . CAC shall be responsible for the fiscal management of the MOW Program. Managerial and fiscal accounting records will be maintained by CAC Comptroller or his/her designee. 2. TDHR and CAC shall be the authorized audit agencies of the MOW program. 3. The program will be audited annually following the close of the contract by TDHR and/or CAC and shall follow the audit procedure and schedule of TDHR. 3- 4. The program will be subject to CSA audit requirements as set forth in CSA regulations. 5. A copy of all audits, whether fiscal or performance, conducted on the MOW Program will be submitted to City within ten (10) working days following receipts by CAC. 6. All audits, reports, or data arising from the MOW Program will be prepared, maintained, and disseminated for operational purposes of the program. Use for any other menas will violate program intent. G. ACCESSIBILITY OF RECORDS CAC shall give the City, through its authorized representative, access to and right to examine all records, books, papers, and documents relating to this contract. H. CONTRACT PAYMENTS City agrees to reimburse CAC each month during the term of this contract at the rate of thirty percent (30%) of the total monthly program cost, but not to exceed $21,940.00 per year, as reflected on TDHR form 4116 (State of Texas Purchase Voucher) , executed by CAC and TDHR. Said payments will be delivered to CAC within ten (10) working days from the date of presentation to City by CAC of the executed TDHR Form 4116. I . RECAPTURE OF FUNDS CAC shall be liable to the City for all funds advanced or paid by the City. CAC shall forthwith pay to the City any sum of money which is either unspent or not spent strictly in accordance with the terms of this contract. J. FUTURE CITY FUNDING Nothing herein shall be construed to guarantee future City funding of the CAC MOW Program. With this understanding, CAC shall search for future program funding from other sources . K. CAC CONTACT Matters relating to the fiscal and managerial elements of the MOW contract will be referred directly to the Executive Director of CAC. L. PROGRAM IMPROVEMENTS CAC agrees, whenever feasible and practicable, to consider such 4- measures as may improve the economy and efficiency of the services provided hereunder. CAC agrees to cooperate with the City or its designated agent in such analyses, plans and studies as may be undertaken in pursuit of improved economy and efficiency of operation. M. CONTRACT DISCLAIMER This contract supersedes all previous contracts . No changes thereto to the MOW Program shall be made and/or demanded without the joint written consent of CAC and City. N. TERMINATION OF CONTRACT It is mutually agreed between the parties that this contract may be terminated by either party upon thirty (30) days written notice to the other party. Executed this day of 1984 , by and between CAC and City, at Wichita Falls, Texas . City Manager City of Wichita Falls, Texas ATTEST: Executive Director Community Action Corporation, Inc. ATTEST: