HomeMy WebLinkAbout021645 ORD - 05/11/1993AN ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $158,580 FROM
THE TEXAS DEPARTMENT OF HUMAN SERVICES TO OPERATE
SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION
PROGRAM PARTICIPANTS AGED ONE TO EIGHTEEN YEARS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That there is hereby appropriated a grant in the amount of $158,580
from the Texas Department of Human Services to operate a Summer Food Service Program
for Summer Recreation Program participants aged one to eighteen years, as more fully set
forth in the Contract, 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 need for immediate action necessary
for the efficient and effective administration of City affairs, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first readii as an emergency measure this the 11 day of
Mid , 19 3.
ATTEST: _
1141.
Armando Chapa, City
THE CITY OF CORPUS CHRISTI
MAY R, M RHODES
APPROVED: (F, DAY OF L , 19 53
JAMES R. BRAY JR., CTI Y ATTORNEY
By: Ll Gtr
Aliso . Gallaway
Assistant City Attorney
AG5000.349.ajr
021645
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS 1L8
(City Charter Article IV Sections l)
May 14. 1993
I certify to the City Council that $ 158,580 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund No. and Name 162 Federal Grant
Project No. 162-267-811.01
Project Name Summer Food Grant Program
f which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
67/3/, 19q3
Director of Finance
51OI93
FIN 2-55
Revised 7/31/69
FOOD SERVICES AGREEMENT
WHEREAS, the City of Corpus Christi (City) is a Texas Municipal
Corporation; and
WHEREAS, Corpus Christi Independent School District (District) is a
political subdivision of the State of Texas; and
WHEREAS, both City and District are local governments which wish to
cooperate in providing lunch service to summer recreation sites in accordance with a grant
received by City for that purpose from the Texas Department of Human Services (DHS);\
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
1. This interlocal agreement is made between City and District pursuant to the
Interlocal Cooperation Act, Chapter 791, Texas Government Code, and other
applicable laws.
2. The term of this Agreement shall begin June 7, 1993, and end July 31, 1993,
subject to earlier termination. Either party may terminate upon thirty (30)
days notice to the other party.
3. District will prepare and deliver unitized lunches inclusive of milk and juice
to City's designated summer recreation sites at $1.65 per lunch, using
disposable plates and serving trays, and plastic utensils. District will maintain
and provide to City menu records and the number of meals served. All as
more fully set out on the Agreement to Furnish Food Service, a copy of which
is attached and incorporated as Exhibit A.
4. City will provide District with the number of lunches to be prepared and
delivered to each summer recreation site by 3:00 p.m. the day before the
meals will be delivered.
AG2700.046.ajr
J
Al IEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED as to legal form this 1/4/-O day of
JAMES R. BRAY, JR., CITY ATTORNEY
Alison G.. away
Assistant Ci Attorney
AG2700.046.ajr
LA1
1993.
CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT
2
SUMMER FOOD SERVICE PROGRAM
AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
The Tens Department of Human Services, hereinafter referred to as DHS,
AND
City of Corpus Christi
Park and Recreation Department
hereinafter referred to as the contractor, do hereby make and enter into this contract, as required by the
National School Lunch Act (Section 13) and the Summer Food Service Program, hereafter referred to as
the SFSP, Federal Regulations (7 Code of Federal Regulations [CFR], Part 225).
MUTUAL AGREEMENTS
The Parties mutually agree:
A. If the contractor falls to provide services in accordance with the provisions of this contract, the
Department may, upon written notice of default to the contractor, immediately terminate the
whole or any pan of this contract and refuse to pay claims for reimbursement. Such termination
and/or refusal to pay claims for reimbursement shall not be exclusive remedy but shall be in
addition to any other rights and remedies provided by law or under this contract.
B. If federal and state laws or other requirements are amended or judicially interpreted so that the
continued fulfillment of this contract, on the part of either party, is substantially unreasonable or
impossible, or if the parties are unable to agree upon any amendment which would therefore be
needed to enable the substantial continuation of the services contemplated by this contract, then
the parties shall be discharged from any further obligations created under the terms of this
contras, except for the equitable settlement of the respective accrued interest or obligations,
including audit findings, incurred up to the date of termination.
C. This contras may be canceled by mutual consent However, if such mutual consent cannot be
attained, then and in that event, either party to this contract may consider it to be canceled without
cause by giving thirty (30) days notice in writing to the other party and this contract shall
thereupon be canceled upon the expiration of such thirty (30) day period. Nothing in this
paragraph shall be construed to prohibit immediate cancellation pursuant to above paragraphs A
and/or B.
(;7/./, ,/'/ Le
IV
CML RIGHTS POLICY COMPLIANCE
A. The contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352),
and all requirements imposed by the regulations of the Department of Agriculture (7 CFR, Parts
15, 15a and 15b) Department of Justice (28 CFR, Parts 42 and 50) and USDA and DHS directives
or regulations issued pursuant to that Act or the regulations, Section 504 of the Rehabilitation Act
of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336),
and all amendments to each, and all requirements imposed by the regulations issued pursuant to
these acts. In addition, the contractor agrees to comply with Title 40, Chapter 73, of the Texas
Administrative Code. These provide in part that no persons in the Untied States shall, on the
grounds of rape, color, national origin, sex, age, disability, political beliefs or religion be excluded
from participation in, or denied, any aid, care, service or other benefits provided by federal and/or
state funding, or otherwise be subjected to discrimination under any program or activity for which
the contractor receives federal financial assistance from DHS and USDA and hereby gives
assurance that it w0l immediately take any measures necessary to effectuate this agreement
B. The contractor agrees to comply with Texas Revised Civil Statutes Article 4419b-4, Sections 5.03
and 5.04 (relating to workplace and confidentiality guidelines regarding AIDS and HIV).
C. This assurance is given in consideration of and for the purpose of obtaining any and all federal
financial assistance, grants and loans of federal fund, reimbursable expenditures, grant or donation
of federal property or interest in such properly, the detail of federal personnel, the sale and lease
of, and the permission to use, federal property or interest in such property or the furnishing of
services without consideration or at a nominal consideration, or at a consideration which is reduced
for the purpose of assisting the recipient, or in recognition of the public interest to be served by
such sale, lease or furnishing of services to the recipient, or any improvements made with federal
financial assistance extended to the contractor by DHS. This includes any federal agreement,
arrangement, or other contract which has as one of its purposes the provision of assistance such as
food, cash assistance for the purchase of food, rental of food service equipment or any other
financial assistance extended in reliance on the representation and agreements made in this
assurance.
D. This assurance is binding on the contractor, its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from DHS or USDA. The person whose
signature appears on this contract is authorized to make this assurance on behalf of the contractor.
V.
DHS CLAIMS PAYMENT
DHS will, subject to the federal appropriation and availability to DHS of sufficient funds for the SFSP,
make program payments to the contractor in accordance with the terms of this contract No
reimbursement shall be made for performance under this contract occurring prior to (a) the beginning
effective date of this contract or (b) a later date established by DHS based on the date of receipt of a fully
executed copy of this contract.
Texas Oegartmsnt
of Human Semmes
Form 450e
July 1990
CERTIFICATE OF AUTHORITY
This is to certify that
Name of Authorized Official (please type or print)
Daniel Whitworth
Linda Hodge `i/tij�jyJ
M. een Ma (UJ�_-
Title
Assistant Director of Programs
Assistant Recreation Superintendent
u/7 P1J, Le sure Services Supervisor
v �/Signaturs-Authonzed Official
is designated as the authorized representative of
Name of Contracting Organizatgn
City of Corpus Christi Park and Recreation Department
AddressStreet, City, State, ZIP)1201 Leopard Corpus Christi, TX 78469-9277
The representative designated above is authorized on behalf of the contracting organization to make written agree-
ments with the Texas Department of Human Services to operate a food program, to sign documents or reports about
the agreement, and to present claims for reimbursement, when appropriate, to the department.
II'
Si
,,
np A9sncy
Name of Official (please type or pnm)
Juan Garza
Tree
City Manager, City of Corpus Christi
FOR DEPARTMENT OF HUMAN SERVICES USE ONLY:
Agreement No.
TX-
Recaisad 6y
Dau
SUMMER FOOD SERVICE PROGRAM form 1506
MONTHLY BUDGET attachment
JULY 1993
OPERATING COSTS
based on 1800 meals for 21 days)
ITEMS
ESTIMATED MONTHLY COSTS
Program Labor
SFSP Aides
Monitors
Food Costs
Equipment (tables & chairs)
(Total costs $6,240)
Chemical Supplies
Paper Supplies
Mileage Reimbursement -
85 miles per day @ .$28 per mile
for 5 Monitors
TOTAL OPERATING COSTS
9,002
2,282
62,370
3,120
126
175
132
17,207
FigIMBURSEMENT:......:. • ••••
77,207
Based on $2.0425 per meal
for 1800 meals for 21 days
ADMINISTRATIVE COSTS
JULY 1993
Based on 1800 meals for 21 days
ITEMS
COSTS
Administrative Labor
Account Clerk
Office Supplies
Advertisting/Printing
Mileage reimbursement @ $.28
Minor Office Equipment
Audit/Legal fees
TOTALADMINISTRATIVE COSTS
REIMBURSEMENT
Based on 1800 meals at $.1600
per meal for 21 days
1,900
2,425
350
1,000
50
250
73
6,048
6,048
Corpus Christi, Texas
(� day of !Oa) , 19 43
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes a.A,
Jack Best CG;
Melody Cooper cj,L,
Cezar Galindo
Betty Jean Longoria
Edward A. Martin a,l-n
vut-
Dr. David McNichols
David Noyola (VAj
Clif Moss fvI
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021645