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HomeMy WebLinkAbout12539 ORD - 03/19/1975MLM:VMR:3- i4- 75;1ST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION - AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF PUBLIC WELFARE, AND ALL NECESSARY RELATED DOCUMENTS, FOR THE USE OF USDA COMMODITIES UNDER THE TITLE VII NUTRITION PROGRAM IN CONJUNCTION WITH THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM, A COPY OF WHICH APPLICATION- AGREEMENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE HEREBY IS AUTHORIZED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE TEXAS STATE DEPARTMENT OF PUBLIC WELFARE, AN APPLICATION - AGREEMENT AND ALL NECESSARY RELATED DOCUMENTS FOR THE USE OF USDA COMMODITIES UNDER THE TITLE VII NUTRITION PROGRAM IN CONJUNCTION WITH THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM EFFECTIVE UPON APPROVAL BY THE STATE DEPARTMENT OF PUBLIC WELFARE, A COPY OF WHICH APPLICATION- AGREEMENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERE- TO, MARKED EXHIBIT 11A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE- SAID APPLICATION- AGREEMENT AT THE EARLIEST POSSIBLE DATE SO THAT THESE COMMOD- ITIES MAY BE USED IN THE CITY's TITLE VII NUTRITION PROGRAM CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 17 DAY OF MARCH, 1975• ATTEST: ol 4669- /Ckj 'rSECRETAIrY MA THE CITY OF CORPUS CHRISTI, TEXA AP VED: DAY OF MARCH, 1975 /)PANG CITY ATTORNEY 12539 f Form 500 (NPE) TEXAS STATE DEPARTMENT OF PUBLIC WELFARE APPLICATION AND AGREEMENT FOR USDA CON40DITIES APPLICATION Application is hereby made by Cif of Corpus Christi (Name of Recipient Agency) (a Title VII Project, designated by the Governor's Committee On Aging) of 302 South Shoreline , P. 0. Box 9277 , , rpi Christi (Street Address) (Mailing Address) (Town) for Food Commodities made available to the State Department of Public Welfare (referred to herein as the Distributing Agency) by the United States Department of Agriculture, under the conditions herein provided. 1. Average daily number of meals served as certified by the Governors Com- mittee On Aging. Soo DO NOT INCLUDE EMPLOYEES: Either Administrative, Professional or Maintenance, who are provided meals as part of the remuneration plan. Recipient Agency has not employed or contracted for the services (Insert has or has not) of a food management concern in the operation of its dining room or feeding program. AGREEMENT The Recipient Agency agrees to the following terms and conditions incident to the receipt of USDA - donated commodities; 1. That such commodities as are received will be used only in connection with the Recipient Agency's established feeding operation for the benefit of persons served and will not be sold, traded or otherwise disposed of without the approval of the Distributing Agency, this to include commercial processing of commodities received into different end products. 2. Adequate facilities and personnel will be provided for the handling, storing, protection, and use of commodities and for the accurate maintenance of all necessary and required records incident thereto; also that such records, in- cluding freight bills and receipts, will be retained for a period of not leas than three (3) years beyond the close of the Federal Fiscal Year (which ends June 30th each year) to which they pertain. Form 500 (HPB� Page 2 3. Available commodities will be requested and accepted only in such quantities as can and will be fully utilized and will be receipted for by a representative of the Recipient Agency. Should the Recipient Agency accept a commodity item that cannot be used, or larger quantities of any commodity item(s) than can be fully utilized, the Distributing Agency will be notified as soon as practicable and requested to if possible transfer such items as cannot be used and are in good condition to another Recipient Agency. Neither the Distributing Agency nor USDA shall be responsible for delays in delivery or for nondelivery of commodities due to any cause. 4. The Recipient Agency will meet assessments as levied by the Distributing Agency to meet the administrative expenses of the Commodity Distributing Program as provided by State Law. 5. The Distributing Agency and the United States Department of Agriculture are authorized to inspect at any reasonable time the commodities in storage and the facilities or warehouses used for handling and storing commodities and to inspect such books and records as are maintained by the Recipient Agency in connection with the receipt, handling, storing and use of commodities to insure compliance with all of the terms and conditions of this Agreement. 6. Reuseable containers received with donated commodities will be disposed of in accordance with instructions issued by the Distributing Agency or used for such purposes as may be deemed expedient by the Recipient Agency. 7. The Recipient Agency will abide by the instructions and regulations issued by the Distributing Agency and USDA regarding the storage, handling and utilization of donated commodities and will reimburse the Distributing Agency for any loss, spoilage, damage or misappropriation of donated commodities, providing however that such lose, spoilage or damage was due to neglect or oversight on the part of the Recipient Agency or its employees. When it is known or suspected that any commodity item is out of condition, the Recipient Agency shall cause an inspection to be made by Federal, State or local health officials. Should the commodity item(s) be condemned as being unfit for human consumption a report will be made to the Distributing Agency immediately, including information as to when received, conditions under which stored, when suspected of being out of condition and why, contributing or causative factors if known, when inspected and by whom. Two (2) copies of the condemnation state- ment received from the condemning authority will be attached to this report. The condemned commodity item(s) will be disposed of in accordance with instructions issued by the Distributing Agency. 8. The Board President, Chairman, or Secretary will designate by use of 'Certificate of Authority' forms the responsible person who is authorized to act for the Recipient Agency in all matters pertaining to the receipt, handling, storage, accountability and utilization of donated commodities and who will submit such reports as may be required. 9. The Recipient Agency assumes full responsibility for carrying out the terms and conditions of this Agreement. Any Recipient Agency which fail# to comply with the provisions of this Agreement or any instructions or procedures issued in Form 500 (NPE) Page 3 connection herewith, or any agreements entered into pursuant hereto,'may at the discretion of the Distributing Agency be disqualified from further receipt of commodities. Reinstatement may be made,at the option of the Distributing Agency. Disqualification shall not prevent the Distributing Agency from taking other action by other available means when considered necessary incident, to claims arising against the Recipient Agency. 10. Should the Recipient Agency for any reason become ineligible to receive any commodity item or should the feeding program for which the application was approved end or be discontinued, the remaining inventory of the commodity item for which the Recipient Agency is not eligible or of the unused items, as it may be, will be returned in good condition to the Distributing Agency or disposed of in accordance with instructions from the Distributing Agency without charge or obligation to the Distributing Agency. 11. Without reference to the provisions of Paragraph 9 above, either agency may rescind this Agreement upon thirty (30) days notice in writing. In the event of ouch action by either agency, the provisions of Paragraph 10 above, regarding the disposition of any remaining inventory of commodity items in the possession of the Recipient Agency, will apply. 12. The Recipient Agency will provide further information substantiating the bed capacity,' bed occupancy, number of persons provided services and meals and the number of persona provided meals only upon request by the Distributing Agency. 13. 'The Recipient Agency maintains an established feeding operation on a regular basis as an integral part of its normal activities and was established to pro- vide continuing service in the same place without marked change. 14. As a part of its normal activities, the Recipient Agency provides meals and /or servicea to needy persons who are unable to pay the full charge for such meals and /or services provided to them or for whom the institution or agency does not receive payment for the full charge. 15. The Recipient Agency understands that if the services of a food management con- cern are now or subsequently employed or contracted for in the operation of its dining room or feeding program, the initial or continuing approval of this application for donated commodities is contingent upon the prior submission to and approval by the Distributing Agency and the USDA Area Office, Food Distri- bution, C6MS, of a copy of the attending agreement or contract. Food service contracts may be approved provided that such services are contracted for only on a fee- for - service basis. Where the food service company also pur- chases food as a part of its services, the amount due by the institution as reimbursement for food purchases shall be accounted for separate and apart from the management fee. Commodities received by the institution shall inure only to the benefit of the institution's feeding program. As applicable, provisions of Paragraph 1 through 11 above shall be equally binding upon the food management concern involved. 16. Recipient'Agency assures the United States Department of Agriculture and the State Distributing Agency that it now complies with and shall in the future Form 500 (NPE) Page 4 comply with all requirements imposed by or pursuant to the Civil Rights Act of 1964 and the USDA Regulations (7 C.F.R. Part 15), including any subsequent amendments, issued to effectuate that Act. Compliance will be consistent with the objective that no person in the United States shell, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity of recipient agency to which assistance is provided by the USDA. Admission policies are understood and agreed by recipient agency to be a part of such programs and activities. Recipient Agency agrees to be obligated by this assurance as long as it receives assistance hereunder or retains possession of any assistance pro- vided by the USDA or the State Distributing Agency. Should Recipient Agency fail to comply with this assurance, the United States or the State Distributing Agency shall have the right to seek its enforcement by judicial or any other means authorized by Law. Federal financial assistance is extended under this agreement in reliance on the representations made herein. Except that any termination of this Agreement for non - compliance with Title VI of the Civil Rights Act of 1964 shall be in accordance with applicable laws and regulations. City of Corpus Christi (Name of Recipient Agency) By: R. Marvin Townsend City Managar (Board President, Chairman or Secretary) (Title) Approved for the period from , , , to , (Month) (Day) (Year) (Month) (Day). (Year)• Checked in District Commodity Office APPROVED: State Department of Public Welfare By: Bys Administrator of Commodity Distribution Name of -Feeding; Center__ AGNES CENTER AUSTIN CENTER BROWNLEE CENTER CASA DE ORO ZAVALA CENTER OUR LADY OF PILLER NAVARRO CENTER PRIMERA IGLESIA BAUTISTA TRACT # 16 WASHINGTON CENTER WOODLAWN CENTER ROBSTOWN CENTER ROUTE # 1 ROUTE # 2 ROUTE # 3 ROUTE # 4 Average Daily Mcala 2525 AGNES ST 129 3838'BALDWIN ST 76 1630 BROWNLEE S1 34 3401.50 ALAMEDA 14 442 MOHAWK ST 8F 11011 BLOOMING- TON ST. 50 160 No. 19TH 12 1509 TARLTON S .4$ 2238 BELTON ST 28 1114 SAM RANKI 102 3757 UP RIVER ROAD 25 525 W..AVE. A 128 19 8 19 22 TOTAL DAILY 1 MEALS 800 Schedule A 'Supplement to Form 500(NPE) File No. I (Avertge 1141 I ls Noma of MoaIR Form 500B STATE DEPARTMENT OF PUBLIC WELFARE (Revised 1 -1 -59) CERTIFICATE OF AUTHORITY This is to certify that Homer T. Martinez Jr. Program Director , Name (Title) is the Authorized Representative of the City of Christi Name of Recipient Agency Program , located at , Texas City County State and making application to the State Department of Public Welfare for food commod- ities donated by the U. S. Department of Agriculture. The Authorized Representative is hereby given full responsibility for all matters pertinent to the receipt, handling, storage, protection, accountability, and use of such food commodities, and the maintenance of all required records and reports incident thereto until such time as the Recipient Agency notifies the State Department of Public Welfare of a change in authorization. R. Marvin Townsend- Signature of offici of Recip ent Agency - (Same person who signs application forms) Cit Manager Title February 7 Date Homer T. Ma tin z Signature of Authorized Representative Program Director Title 2525 Agnes, Corpus Christi Texas 78405 Mailing Address Corpus Christi, Texas ifday of A iLc� , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TE The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Lul y Janes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark �,