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Home My WebLink About2010-086Veodadldepartntient \Iegahour do a i nic nt lordinanc \ I O\s unnmer food service 2 01 .4o ORDINANCE NO. 2010-086 AN QIWE14ANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TQ EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE 2010 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING IZING THE EXPENDITURE F FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. VHEREAS, the City of Denton and the Denton Independent School District mutually agree to provide meals for eligible individuals; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manage is hereby authorized to execute a contract with the Denton Independent School District, substantially in the foim of the contract which is attached to and made part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such other documents and certifications as are neeessai to can-yout the 2010 Summer Fund Service Program and to handle all fiscal and administrative natters relating to the program. SECT10N 2. The expenditure of ftmds necessary to administer the 2010 Summer Food Sei-vice Program is hereby authorized. SECTION 3.. This ordinance shall become effective immediately upon its passage and approval. �i PASSED AND APPROVED this the ATTEST: JEN IFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AI ITA BURGESS., CITY ATTORNEY BY: -71xedooe 007 I day of 2010. State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Denton Independent School District and the Cily of Denton both of whom are local governmental entities authorized to enter into interlocal agreements under Chapter 791 of the Texas Government Code. vemon 1994) Whereas, the interloeal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in an amount that fairly compensates the Denton Independent School District for the services that it is performing. Witnesseth: I. Provision of deals Denton Independent School District agrees to supply unitized meals inclusive of milk and juice to the CiV of Denton Parks and Recreation Department. The City of Denton Parks and Recreation Department will pick up meals at designated food preparation site and package coolers with meals and deliver to approved SPSP sites. Breakfast ...... $ 0.00 each Lunches .......$ 2.00 each Snacks ■ . . . . . ■ . ■ i 0.00 each S per. ■ ■ . . . ■ . . .0 each II. Menu records It is further agreed that the Denton Independent. School District pursuant to the provisions of the Summer Food Service Program Regulations, will assure that said meals meet the minimum requirements as to nutritive value and content as outlined in the U.S.D.A.'s sponsor Meal Preparation Handbook, and will maintain full and accurate recordings of such, including the following: 1. Menu Records, including amount of food prepared. 2. Ideal, including daily number ofmeals delivered by type. 111. Retention of Records These records must be repotted to the institution promptly at the end of each weer. Denton Independent School District agrees also to retain records required under the preceding clause for period ofthree years and 90 days after the end of the contract period, If audits, claims or litigation have not been resolved, all records must be retained beyond the required time period until all issues are resolved in accordance with the Sumner Food Service Program Agreement between The City of Denton and Texas Department of Agriculture -Food & Nutrition Division, ITT. Compliance With Immigration Law The Denton Independent School District agrees to comply with the requirements of the Immigration Reform Control Act of 1986 regarding employment verification and retention of verification forms for any individuals fired after November 6, 1986 who will perform labor or services under this contract. V. Audit. The Denton Independent School District agrees to allow for purposes of audit, examination, excerpt, and transcription: the USDA, the Comptroller of the United States, D.S. and any of their authorized representatives to have access to any of the contractor's boobs, documents, papers, and records that are pertinent to the contract. VI. Energy Bffieiner The Denton Independent School District agrees to comply with the required mandatory standards and policies concerning energy efficiency contained in the Texas Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act P.L. 4-1 . VII. Remedies For Breach of Contract The Denton Independent School District agrees that except for small purchase contracts, it will comply with and enforce provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and any appropriate sanctions and penalties. IIII. Compliance with Labor Regulations The Denton Independent School District agrees to be in compliance with Section 103 of the contract work Hours and Safety Standards Act o USC 2 7-3 0 as supplemented by the Department of Labor regulations (29 CFR, Part . Under this Act, contractors must compute the wages of mechanics and laborers on the basis of standard workday of eight hours and a standard workweek el of 40 hours. work that exceeds the standards must be compensated at least 11/2 times the basic pay rate for overtime hours worked. These requirements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation. Imo, Equal Employment Opportunily The Denton Independent School District agrees to comply with Executive Order 11246 entitled "Equal Employment ppo-dunity" as amended by Executive Order 113 7 5 and as supplemented in Department of Labor regulations I CE , Part . X. Compliance with Laws The Denton Independent School District agrees to comply with all other applicable laws, including without limitation, any additional applicable Federal Laws or regulations contained in the Summer Food Program Agreement between the City of Denton and the Texas Department of Agriculture -Food & Nutrition Division. XI. Remedy For Breach If the Denton, Independent School District fails to provide services in accordance with the provisions of this contract, the City of Denton may, upon written notice of default to the contractor, immediately terminate the whole or part of this contract. XII. Consideration The City of Denton agrees to pay Denton Independent School District for all meals ordered on daily basis at the rate agreed upon in this contract. XIII. Term The agreement shall be effective as of June 7, 2010 and shall have the sane term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Agriculture - Food & Nutrition Division. It may be terminated by notice in writing given by any party hereto to the other parties at least 30 days prior to the date of termination. XI. Venue This agreement shall be interpreted in accordance with the laws of the State of Texas. Any litigation filed with regard to this contract shall he tried in a court of competent jurisdiction setting in Denton County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates indicted below: Agreed to this date Agreed to this date '6 Sponsor Official9 DISD Sponsor Vl'te,— Title: .:City Manager Title School Board President The location of the food pfeparation site will Denton High School 1007 Fulton Denton, Texas 7 201 APPROVED AS TO LEGAL FORM: ANITA BURGESS. CITY ATTORNEY BY: