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HomeMy WebLinkAboutResolution - 561 - Application/Agreement-TDHR-Commodities, Etc., Title III Nutrition Program - 07/10/1980ISMT:bs T?WQnT TTTTnW f RESOLUTION #561 - 7/10/86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and 'directed to execute for and on behalf of the City of Lubbock an Application and Agreement for Commodities and a Certificate of Authority regarding the 'Title III Nutrition Program, copies of which are attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of July ,1980. (ATTEST: Evelyn Ga ga, City ere ry-Treasurer APPROVED AS.TO CONTENT: Lawrerr6e Banks, Administrative Assistant, Community Facilities (APPROVED AS TO FORM: Susan M. Tom, Asst. City Attorney McALISTER, P A Texas Department of Human Resources CERTIFICATE OF AUTHORITY This is to certify that Dorothy Dailey Title III rudJaHoffirector Name Title is the authorized representative of City of Lubbock Name of Recipient Agency located at Lubbock Lubbock Texas City County State and making application to the Texas Department of Human Resources for food commodities donated by the United States 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 Texas Department of Human Resources of a change in authorization. f 6/6/80 Signature—Official of Reci ient Agency Date (satne person wl" siQus application ji)nus) 6/6/80 Signature—Authorized. fiepresentative Date NutT i.t ion Title III Project Director _ Title Mailing Address (Street or Box No., City, State, ZIP Code) P.O. Box 2000 Lubbock, Texas 79457 Form 1505 August 1979 If. Texas pepartment of Human Resources is APPLICATION AND AGREEMENT FOR COMMODITIES (GOVERNOR'S COMMITTEE ON AGING) made by: (referred to herein as the recipient Form 1ii01 August 1§79 FOR DHR USE ONLY File No. Name of Agency or Sponsor County City of Lubbock Title IIINutrition Program Lubbock Street Address l P.O. Box 2000 Lubbock, Texas Mailing Address (if different from street address) ZIP Code Telephone (include A10 79457 1763-6411 2675' for food commodities made available to the Texas Department of Human Resources (referred to herein as the distributing agency) by the United States Department of Agriculture (USDA), under the conditions herein provided. Average daily number of meals served as certified by the Governor's Committee on Aging 265 (do not include employees who are provided meals as part of the remuneration plan) The recipient agency 91 has ❑ has not employed or contracted for the services 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 condi- tions incident to the receipt of USDA donated commodities: 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 pro- cessing. 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, including freight bills and receipts, will be retained for a period of not less than three years beyond the close of the Federal fiscal year (which ends September 30th each year) to which they pertain. 3. Available commodities will be requested and accepted only in such quantities as can and vKill be fully used 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 used, the distributing agency will be noti- fied as soon as practicable and requested to, if possible, transfer such items as cannot be used and are in good condi- tion to another eligible recipient agency. Neither the distri- buting 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 Distribution Program as provided by State law. 5. The distributing agency and the USDA 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 ensure compliance with all of the terms and conditions of this Agreement. 6. Reusable 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. The recipient agency will abide by the instructions and regu- lations issued by the distributing agency and USDA regarding the storage, handling and use of donated commodities and will reimburse the distributing agency for any loss, spoilage, damage, or misappropriation of donated commodities, pro- viding however that such loss, spoilage, or damage was caused by 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 inspec- tion 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 distri- buting 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 copies of the condemnation statement received from the condemn- ing 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. continued on next oaoe • Form 1501 Page 2 continued from preceding page B. 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, account- ability, and use 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 recip- ient agency which fails to comply with the provisions of this Agreement or any instructions or procedures issued in con- nection herewith, or any agreements entered into pursuant hereto, may at the discretion of the distributing agency be disqualified from further receipt of commodities. Reinstate- ment 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 con- sidered necessary incident to claims arising against the recip- ient agency. 10. Should the recipient agency for any reason become ineligible to- receive any commodity item or should the feeding pro- gram for which the application was approved end or be dis- continued, the remaining inventory of the commodity item(s) 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 instruc- tions from the distributing agency without charge or obliga- tion to the distributing agency. 11. Without reference to the provisions of paragraph 9 above, either agency may rescind this Agreement upon 30 days notice in writing. In the event of such action by either agency, the provision 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 sub- stantiating the bed capacity, bed occupancy, number of per- sons provided services and meals and the number of persons provided meals only upon request by the distributing agency. 13. The recipient agency maintains an established feeding opera- tion on a regular basis as an integral part of its normal activities and was established to provide continuing service in the same place without marked change. 14. As a part of its normal activities, the recipient agency pro- vides meals and/or services 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 concern are now or subsequently em- ployed 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 Distribution, FNS, 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. When the food service company also purchases food as a part of its services, the amount due by the institution as reim- bursement for food purchases shall be accounted for separate and apart from the management fee. Commodities received by the institution shall be used only to the benefit of the institution's feeding program. As applicable, provisions of Items 1 through 11 above shall be equally binding upon the food management concern involved. continued on next page continued from preceding page 6. Recipient agency assures the USDA and the distributing agency that it now complies with and shall in the future com- ply 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 shall, on the grounds 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. Ad- mission policies are understood and agreed by recipient agency to be a part of such programs and activities. Recipient Name of Agency or Sponsor Cit Form 1501 Page 3 agency agrees to be obligated by this assurance as long as it receives assistance hereunder or retains possession of any assistance provided by the USDA or the distributing agency. Should recipient agency fail to comply with this assurance, USDA or the 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 agree - in reliance on the representations made herein. Termination of this Agreement, except for noncompliance with Title VI of the Civil Rights Act of 1964, shall be in accordance with applicable laws and regulations. Approved as to loan: Assistant City Attor onontrFn b%i Texas Department of Human Resources .,F. ..V r� -, - _'-- - 'eriod Covered (month, day, year — month, day, year) FROM: Sept 1, 1980 TO: August 31, 1981 NAME OF FEEDING CENTER Lubbock Adult Center Homestead Emanuel of Lubbock JUL I 0 1980 Date ignature—Board President, Chairman, or acc.o.c� Mayor _. Title Checked in District Commodity Office By: Signature—Director of Commodity Distribution Date ADDRESS 2600 Ave. P 5401 56th Street 2617 Cornell AVERAGE DAILY MEALS SERVED M 35 25 continued on other side o NAME OF FEEDING CENTER ADDRESS Mae Simmons 2400 Weber Drive Redeemer Copper Rawlings Zenith 2221 Ave. W 40th and Ave. B 515 N Zenith i Form 1501 Page 4 AVERAGE DAILY MEALS SERVED 20 45 25 1a 25