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HomeMy WebLinkAbout2003-105S:\Our Documents\Ordinances\03\summer food service.doc ORDINANCE NO. &GO-10f AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2003 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of making meals available to eligible children at the City's Summer Action Site programs; and WHEREAS, pursuant to the grant, if received, the City will contract with the Denton Independent School District to provide the meals at the various sites; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute, on behalf of the City, an application for funding under the National School Lunch Act, and if funded, the Summer Food Service Program Agreement with the Texas Department of Human Services, a copy of which is attached hereto and incorporated by reference herein, along with any other documents and certificates necessary to obtain such funding. SECTION 2. The City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which is attached to and made a 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 necessary to carry out the 2003 Summer Food Service Program, if such program is funded per the terms set forth in Section I above, and to handle all fiscal and administrative matters relating to the application and the program. SECTION 3. The expenditure of funds necessary to administer the 2003 Summer Food Service Program is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /5?�day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPIUND'AITO LEGAL FORM: VE12VER,T L. PROUTY, CITY ATTORNEY m PAGE COMMISSIONER James R. Hine MAY 13 2003 City of Denton Parks and Recreation ATTN: Kathy Schaeffer 321 E. McKinney Street Denton, TX 76201 RE: Approved Summer Food Service Program (SFSP) Application for Program Year (FY) 2003 TX: 061-1002 Dear Ms Schaeffer: Your application for the Summer Food Service Program (SFSP) —has been approved for Program Year (PY) 2003 The program number for your Summer Food Service Program contract is 061-1002. The program number identifies your organization as a participant in the SFSP. The contract number for your organization's Special Nutrition Programs contract is 7553006 . The contract number identifies your organization as a contractor with the Texas Department of Human Services (DHS), Special Nutrition Programs. Both numbers are unique to your organization and will be required to be entered on forms when filing a claim for reimbursement and when completing the renewal documents each year. The attached table (Attachment #1) identifies the program operation forms, the number of forms enclosed, and general instructions for completion, submission, or maintenance. SFSP Sponsors are required to use the DHS program operation forms enclosed. Food service personnel must document meal production each day. A sample form is offered to sponsors to document your program's meal production. However, sponsors may use another form of choice that is an informational equivalent to the sample form that is enclosed. The program operation forms enclosed may be duplicated, as necessary. However, you can contact this office if additional forms are needed. Also enclosed you will find a list of addresses to use when mailing information to the DHS (Attachment #2). Please follow the instructions on the list to ensure that claims, checks, correspondence, and any other information you mail to DHS will be received in the correct office. Sponsors should maintain, as part of their official contract files, copies of the forms submitted to DHS. Sponsors must comply with the requirements for forms retention. The requirements for forms retention are specified in the SFSP Handbook. If you have any questions, you can contact me at: Raul Jacques, Area Program Manager Texas Department of Human Services Special Nutrition Programs MAIL CODE: 128-9 1501 Circle Dr., Ste. 155 Fort Worth, Texas 76119 (817)321-8100 Special Nutriton Programs' 1501 Circle Dr., Ste. 155' FortWorth, Texas 76119' (817) 321-8100 Page 2 You are required to submit a Single Audit If your organization expends more than $300,000 in federal funds during the organization' fiscal year. Based on the information on your completed Form 1569, you are required to submit a Single Audit on s 4 for your organization's fiscal year 2003. Failure to submit a single audit or to meet audit requirements can result in adverse action against your contract, up to and including termination. Requests for payment for audits for any year in which less than $300,000 in federal funds is expended will not be approved. The United States Department of Agriculture requires that we inform you on an annual basis of your appeal rights. You have the right to appeal any action by DHS that affects your participation in the SFSP or your SFSP claim for reimbursement. Refer to Section 10 in your current SFSP Handbook or Section 8000 in the new SFSP Handbook you will receive. Also enclosed is Part 6000 of the Fair Hearings, Fraud, and Civil Rights Handbook for details on filing an appeal. Your request for an appeal must include a copy of the adverse action letter and must be submitted within 15 days of any notification by DHS affecting your participation or claim and must be addressed to: HEARINGS DEPARTMENT, W-613 TEXAS DEPARTMENT OF HUMAN SERVICES P.O. BOX 149030 AUSTIN, TEXAS 78714-9030 Thank you for your participation in the 2003 SFSP. We look forward to working with your organization in increasing the number of children in Texas who eat meals this summer. If you have any questions, please contact me at (817) 321-8100. Sincerely, Raul Jacques Area Program Manager enclosures 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 Citxof Denton both of whom are local governmental entities authorized to enter into interlocal agreements under Chapter 791 of the Texas Government Code. (Vernon 1994) Whereas, the interlocal 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 Meals Denton Independent School District agrees to supply unitized meals inclusive of milk and juice to the City of Denton Parks and Recreation Department, at the MLK Recreation Center, Phoenix Park, Denia Park, Civic Center, Owsley Neighborhood, Optimist Club, Mack Park, Church of Christ, Fairway Villas, Village East Apartments, Fred Moore Learning Center, Borman Elementary, Lee Elementary, Wilson Elementary and Ryan High School. Breakfast ...... $ 0.00 each Lunches ....... $ 1.90 each Snacks ......... $ 0_00 each Supper ......... $ 0_00 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, a copy of which is attached as Exhibit "A" and is part of this agreement, will assume 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. Meals, including daily number of meals delivered by type. III. Retention of Records These records must be reported to the institution promptly at the end of each week. Denton Independent School District agrees also to retain records required under the preceding clause for a period of three years and 90 days after the end of the contract period. If audits, claims or litigation have not been resolved, all records must retain beyond the required time period until all issues are resolved in accordance with the Summer Food Service Program Agreement between The City of Denton and The Texas Department of Human Services. IV. Compliance With Immigration Laws The Denton hndependent 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 hired 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 books, documents, papers, and records that are pertinent to the contract. VI. Energy Efficiency 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. 94-163). 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. VIII. Compliance With Labor Regulations tions The Denton Independent School District agrees to be in compliance with Section 103 of the contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR, Part 5). 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 of 40 hours. Work that exceeds the standards must be compensated at least 1'/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. IX. Equal Employment Opportunity The Denton Independent School District agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41CFR, Part 60). 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 Human Services. 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 2, 2003 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services. 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. XIV. 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 be 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 t Sponsor d to this date 3 - 0 -03 Sponsor Title: City Manager Title School Board President The location of the food preparation site will be: Rivera Elementary School 701 Newton Denton, Texas 76205 APPROVED AS TO LEGAL FORM: HERBERT L t-bUT CITY ATTORNEY M ATTEST: JENNIFER WALTERS, C TY SECRETARY BY: AM TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS § The Texas Department of Human Services, hereinafter referred to as TDHS, ams, City of Denton, Texas, A Texas Municipal Corporation' at 321 E. McKinney St., Denton, TX 76201 hereinafter referred to as the Contractor, do hereby make and enter into this contract, as required by the National School Lunch Act and the Child Nutrition Act, as amended, and the following program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations (CFR) Part 210; the Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program (SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7 CFR Part 225; and the Child and Adult Care Food Program (CACFP) 7 CFR Part 226. This agreement establishes or continues the rights and responsibilities of TDHS and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this agreement continues an existing agreement, all existing terms, conditions; liabilities and obligations of the parties under the prior agreement remain in full force and effect, except to the extent that those terms, conditions, liabilities and obligations conflict with this agreement, in which case this agreement takes precedence. By signing this agreement, both parties are bound by its terms and conditions from its beginning effective date, or the beginning effective date of any prior agreement/s continued by this agreement, until terminated in accordance with this agreement. I. MUTUAL AGREEMENTS The Parties mutually agree; A. If the Contractor fails to provide services in accordance with the provisions of this contract, TDHS may, upon written notice of default to the Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for reimbursement, and such temini lion shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. B. If federal or 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 contract, except for the equitable settlement of the respective accrued interest or obligations, including audit findings, incurred up to the date of termination. C. This contract 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. 11. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The Contractor will comply with the applicable regulations for its designated program, as well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non -Profit Organizations (7 CFR 3052, as amended)and state policies and procedures as issued and amended by TDHS. The Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents, and approved amendments to the application) for participation in the designated program. B. The Contractor accepts final administrative and financial responsibility for food service operations in each school, summer feeding site, and child and/or adult care facility, hereinafter referred to as a site, operated or sponsored by the Contractor. The responsibility includes any audit exceptions or payment deficiency in the program covered by this contract, and all subcontracts hereunder, which are found after monitoring or auditing by TDHS or USDA and will be responsible for the collections and payback of any amount paid in excess of the proper claim amount. C. The Contractor submits for TDHS approval only those applications for sites which have delegated the authority for the administration of food service operations to the Contractor or which have executed subagreements with the Contractor for the administration of food services operations. D. Contractors participating in the NSLP agree 1. that the official signing the Claim for Reimbursement will be responsible for reviewing and analyzing meal counts to ensure accuracy and compliance with federal regulations 2. to enter into an agreement to receive donated foods as required by federal regulations, and 3. to price lunch as a unit E. Contractors participating in the CACFP provide or accept responsibility for the provision of organized, non-residential child day care and will immediately report to The Texas Department of Protective and Regulatory Services (TDPRS) Licensing or Child Protective Services staff, any suspected violations of TDPRS Licensing standards or suspected abuse of children in sponsored centers or day homes. III. RECORD KEEPING A. The Contractor will keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim was submitted in the manner and detail prescribed by TDHS. The records and documents will be kept for a minimum of 3 years and 90 days after the termination of the federal fiscal year for the relevant program. If any, litigation, claim, or audit involving these records begins before such period expires, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between TDHS and the Contractor. The Contractor will keep records of non -expendable property acquired under the contract for 3 years and 90 days after final disposition of the property. B. The Contractor and its subcontractors will allow TDHS and USDA officials and other appropriate officials determined by TDHS to inspect facilities and records and to audit, examine, and copy records at any reasonable time. This includes access to all records of costs paid, even in part, by TDHS. C.. The Contractor and its subcontractors will establish a method to secure the confidentiality of records and other information relating to clients in accordance with the applicable federal law, rules, and regulations, as well as the applicable state law and regulations. The provision shall not be construed as limiting the Department's right of access to recipient case records or other information relating to clients served under this contract. D The Contractor certifies that the goods and/or service(s) covered by this contract are designated to be used prior to, during, and after calendar year 2000 AD. The goods and/or service(s) will be operated during such time periods without error relating to date which represents different centuries or more than one century. IV. CIVIL 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 Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and 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), Title DC of the Education Amendments of 1972 (7 CFR Part 15a), the Age Discrimination Act of 1975 (Public Law 94-135), 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 person in the United States shall, on the ground of race, 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. The contractor also agrees to comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV).. The contractor hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. B. This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, 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 program applicant by the TDHS. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDHS, USDA and FNS personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Acts. If there are any violations of this assurance, TDHS, USDA and FNS have the right to seek judicial enforcement of this assurance. 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 the department. The person whose signature appears on this contract is authorized to sign this assurance on the behalf of the Contractor. D. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The contractor retains its independence from State and local governments, including the contractor's control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, TDHS shall not interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither TDHS's selection of a charitable or faith -based contractor of services nor the expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this contract is the provision of services; no State expenditures have as their objective the funding of sectarian worship, instructions, or proselytization. A charitable or faith -based provider of services under this contract shall reasonably apprise all assisted individuals of the following: "Neither TDHS's selection of a charitable or faith -based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your local TDHS Special Nutrition Programs office. Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 42 U.S.C. § 604a, sets forth certain additional rights and responsibilities for charitable and faith -based providers of services, certain additional rights of assisted individuals, and certain additional responsibilities of TDHS to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. V. TDHS CLAIMS PAYMENT A. TDHS will, subject to the federal appropriation and availability to TDHS of sufficient funds for the applicable program, make program payment to the Contractor in accordance with the terms of this agreement. No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this agreement or (b) a later date established by TDHS based on the date of receipt of a fully executed copy of this agreement. B. In accordance with Section 403.055(h) of the Government Code, as added by Act of May 19,1999, 76th Leg. R.S., ch. 593, Sec. 1, 1999 Tex. Sess. Law Ser. 3125 (Vernon), any payments owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full. This clause does not apply if federal law requires payment to be made to the contractor for goods and services provided in support of any of the USDA child and adult nutrition programs, and may not apply if federal law conditions the receipt of the money for these goods or services to the state on the basis of payment being made to the contractor. V1. IMMIGRATION The Contractor agrees to comply with the requirements of the Immigration Reform and Control Act of 1986-regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986, who will . perform any labor or services under this contract. CJ CERTIFICATION A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts -The contractor certifies, by execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency or by the State of Texas. By making this certification the contractor agrees to the following terms: 1. The above certification is a material representation of fact upon which reliance was based when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United State Department of Agriculture or other federal department of agency, or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. 2. The contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The words "covered contract," "debarred," suspended," "ineligible," "participant," "person," "principal," "proposal, and voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment. 4. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Human Services, as applicable. VII. CERTIFICATION (Continued) 5. The contractor further agrees by submitting this certification that it will include TDHS Form 2046 titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification,. in all covered subcontracts and in all solicitation for all covered subcontracts. 6. A contractor may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each renewal. 7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. B. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The contractor certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. The contractor shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. C. The contractor certifies that if it is a corporation, it is either a for -profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. D. The contractor certifies that all information submitted pursuant to this agreement is true and correct. The contractor understands that the deliberate misrepresentation or withholding of information is a violation of. this contract and may result in prosecution under applicable state and federal statutes. E. Under Section 2" 1.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VIII. EFFECTIVE DATE AND SIGNATURES The parties hereto in their capacities stated, affix their signatures and bind themselves for the faithful performance of the terms of this contract pursuant to' participation in the following program or programs: National School Lunch Program SchooPBreakfast Program Special Milk Program City of Denton Name of Contracting Organization (Please print or type) .. Mike Conduff Name of Official Signing (Please print or type) . Child and Adult Care Food Program X Summer Food Service Program Signature of chai f e boazd of directors or other official who figs'been authorized to sign contracts on behalf of the contracting organization. City Manager Title of Official (Please print or type) TEXAS DEPARTMENT OF HUMAN SERVICES Effe i from (g (�3 until terminated. By: Date: QHS Representative Approved for Form by OGC: Signature on file Revised May 2001 APPROVED AS TO FORM: CITY ATTORN 'OF D NIT XA BY: Apr 28 03 09:01a Z0'39yd 590e T2£ LTS p.5 B£:60 £00Z SZ adu TEXAS DEPARTMENT OF HUMAN SERVICES AMENDMENT (A) TO THE SPECIAL NUTRITION PROGRAMS AGREEMENT The Texas Deportment of Human Services, hereinafter designated the Department, and (Name ofCombuting Organization) Hereinafter designated the Contractor, entered into a Special Nutrition Programs agreement which is effective until terminated. The Contractor and the Department hereby agree to the following amendment to such agreement. A limited English proficiency clause is added following the closing paragraph under the title: " IY. CIVIL RIGHTS POLICY COMPLWNCE" in the agreement. The clause stares: 'Additionally, Title VI of the Civil Rights Act of 19". and its implementing regulations at 43 CFR, Part 30 or 7 CFR Part IS, prohibit a contractor from adopting and implementing policies and procedures that exclude or have the street of excluding or limiting the participation ofclients in its programs, benefits, or activities, on the basis of national origin. Also. as TAC. Pare t. §73.206 reauires contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Accordingly, the contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation or persons in its programs and activities, on the basis of national origin. The contractor also agrees to talks reasonable steps to provide services and inft matted, both orally mad in writing, in appropriate laaguaga other than English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and beneflt from its programs. The Contractor accepts final administrative responsibility for ensuring that its subcontractors take. reasonable steps to provide services and information, both orally and in writing, In appropriate languages other thin English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from that subcontractor's programs and services." A clause that allows the comptroller to apply contract payments to cover delinquent taxes and debts replaces clause B cited under the title: "f : TDhrS CLAIMS PAYMEMT in the agreement. The clause states: "This paragraph is pursuant to 12252.903 of the Government Code. Any payments owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the comptroller administers or collects until the Indebtedness or delinquency is paid in full." This A n tent shall be in effect fo the duration of the agreement unless revoked, suspended, or amended. eofeh nnanofthe oar ofdirec=,o,1herofficial who has been Authorized to sign cant ts on behaIfof the caniraaing organization. APR 2 2 2003 Kathy Schaeffer Name of OlAeial (Please print or type) Youth/Teen Services Manager Title of Official 4/15/03 Date FOR DHS d3 Da Title ofthe DHS Representative ZO'd 99:8 £00z SZ JdH 5908-TM-LT8:XQ? lid NOIJT&(W -HI03dS Texas Department of Human Services Four 4508 May 2000 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This is to certify that the following person(s): Name of Authorized Representative (please type or prfnq Title Michael A. Conduff Catty Manager X Signature -Authorized Re ent tive Name of Authorized Representative (please type or print) Title KathySchaeffer Yout Teen Services Mgr FX ignature- o ' ed Represents ve is aredesignated as an Authorized Representative of J Name of Contracting Organization City Of Denton Address (Sheet, City, State, ZIP) 321 E. McKinney St.. Denton, mx 7620a The representatives) designated above, and myself, acknowledge that each is individually authorized on behalf of the contracting organization to make written agreements 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 By signing this document, we certify individually and collectively that to the best of our knowledge and belief, all documents submitted physically or electronically on behalf of the above named Contracting Organization pursuant to our participation In any and all programs administered by Special Nutrition Programs, TDHS, arelwill be true and correct in all respects, that they are/will be completed according to the terms and conditions of existing agreements Including amendments, that records are/will be available to support any and all claims, and that we will not submit claims (excluding amended/adjusted claims) for goods or services for which we have already received payment We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate misrepresentation or withholding of Information may result in prosecution under applicable state and federal statutes. DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) Authorized Representatives, including the Official of the Contracting Agency. if you are replacing or deleting an Authorized Representative, list the name(s) of the individual(s) to be removed as Authorized Representative(s) below. Name of Deleted Representative L Name of Deleted Representative Name of Deleted Representative FOR DHS USE ONLY Contract No. Received BY ' •� I Date Received �s 7'� oc�Z J APR 2 2 ?poi ATTACHMENT#1 `, ` , r PROGRAM YEAR 2003 SUMMER FOOD SERVICE PROGRAM CURRENT NON -SCHOOL SPONSORS APPROVAL DOCUMENTS HIM; INI$TEtUC BONS k'rk i 1506 SUMMER FOOD SERVICE 1 Retain for your agency's SFSP PROGRAMS APPLICATION files. FOR PARTICIPATION, Attachments A and B 1507 SUMMER FOOD SERVICE 1 Retain for your agency's SFSP PROGRAM SITE files. INFORMATION 1485 (February 1997) SUMMER FOOD SERVICE 3 Submit to Contract Manager prior PROGRAM BUDGET to making significant changes in AMENDMENT budgeted costs. Refer to Policy Alert 2001-5 and Notice 2001-7 for information about your budget. 1532 CLAIM FOR 4 Submit completed claims to SNP (November 2002) REIMBURSEMENT (Special Financial Services, Y-906. Nutrition Programs) 1514 CLAIM FOR 4 Complete for each claim (October 2000) REIMBURSEMENT submitted. Retain on file. WORKSHEET (Summer Food Service Program for Children 1557 MONITOR SITE REVIEW 3 Complete one form per site. (January 1999) (Vended Programs) Sponsor maintains forms for review by DHS and USDA. 1558 MONITOR SITE REVIEW 3 Complete one form per site. (January 1999) (On -site Preparation) Sponsor maintains forms for review by DHS and USDA. 1566 SUMMER FOOD SERVICE 3 Completion required. Sponsor (January 1999) PROGRAM MONITOR SITE maintains fortes for review by VISIT DHS and USDA. 1568 RECORD OF RECYCLED 3 Completion required. Sponsor (August 1998) FOOD maintains forms for review by DHS and USDA. 1601 BENEFICIARY ETHNICITY 3 Completion required. Completed (February 1991) DATA forms maintained by sponsor. Civil Rights Posters: "And 1 poster of each per site Required posting of all 3 posters Justice for All", Liberty Bell- at every site. English, Liberty Bell -Spanish Fair Hearings, Fraud, and Reference information regarding Civil Rights Handbook, Part 1 procedures for contract appeals. 6000 - HEARINGS UNDER Review and retain for your files. ADMINISTRATIVE PROCEDURESACT SFSP Program Information 1 Set I Reference for your information I Materials and use. Page 4 * . =•' ATTACHMENT #2 Mail to field office: MAILING ADDRESSES FOR TEXAS DEPARTMENT OF HUMAN SERVICES Raul Jacques Area Program Manager TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS, MAIL CODE 128-9 1501 Circle Dr., Ste. 155 Fort Worth, Texas 76119 Mail Claims for Reimbursement to: TEXAS DEPARTMENT OF HUMAN SERVICES FINANCIAL SERVICES SECTION SPECIAL NUTRITION PROGRAMS, Y-906 P. O. BOX 149030 AUSTIN, TEXAS 78714-9030 Mail all checks and/or cashier checks to this agency to: REBECCA COFFIELD FINANCIAL SERVICES SECTION SPECIAL NUTRITION PROGRAMS, Y-906 TEXAS DEPARTMENT OF HUMAN SERVICES P. O. BOX 149030 AUSTIN, TEXAS 78714-9030 To be assured of proper credit to your contract, we request that the following information be submitted along with payment: Name of your organization Program contract number (TX) Program for which the payment is for, and Month and year of service for which payment is for, and Type of payment (i.e., claim overpayment, advance return, etc.) Apr-28-03 02:44P Denton Parks and Rec. 940 349 8384 P-02 Texas Department SPECIAL NU 1 Nr I WIN rlevu NARla ronu r,w of Human Services SINGLE AUDIT IDENTIFICATION DATA Mann 2001 For Program Year 2003 (SNP Use Only) Caritractor Nene Contact Penan City of Denton Kathy Schaeffer Address tSeeal ar P O Boa, City, Simon, ZIP) . 321 E. McKinney St.. Denton, TX 76201 Tekgnor s No Teems 10 No (Payee 10 No,) Conaeat No (940) 349-8125 75-6000514 p/�f— 75- 53006 Cotuador Fiscal year End(mlNddlyyyy) Typeol Cdnxeal 9/30/03 ❑ For Profit ❑ Non -Profit ® Governmental Check the appropriate box(es) to indicate the types) of program(s) in which you currently participate or for which you are applying: COMMODITY ASSISTANCE PROGRAMS PROGRAM NOS. CASH REIMBURSEMENT PROGRAMS PROGRAM Mos. ❑ A - National School Lunch ❑ AD - Adult Day Care TX - ❑ B - Charitable Institutions ❑ BL- National School Lunch/Breakfast TX - ❑ C - Area Agency on Aging ❑ CC - CACFP Center TX - ❑ G - Summer Camps ❑ DH - CACFP Day Home TX - ❑ H - Summer Food Service ® SF - Summer Food TX - 061-1002 ❑ J - Jails ❑ SM - Special Milk TX - ❑ I -TEXCAP ❑ TE - TEXCAP TX - ❑ CS - Commodity Supplemental Food Prog. ❑ CS - Commodity Supplemental Food Prog. TX - ..•....•- �..•.• �. .... ..••....•.. ,.. e..y ....� .. —.. yumff ue.ney .ap.nua umar roan irom muse programs naaaa aouve: SOURCE I AMOUNT SINGLE AUDIT EXEMPTION - I certify that I am not required to submit an audit under the Single Audit Act for the following reason(s): ❑ I am a for -profit organization. ❑ I expend less than $300,000 annually in total federal funding. ® SINGLE AUDIT ASSURANCE - I understand that if I meet the requirements of the Single Audit Act, I will agree to submit an audit as a condition of eligibility to participate in the Special Nutrition Programs, and that failure to do so as required could result in adverse action, Including the withholding of my claim for reimbursement payments and termination of my contract. I also understand that if I am a private non-profit organization subject to the requirements of the Single Audit Act and have a financial audit performed annually, I 4/15/03 Date Na" (please type or omn) Tire Kathy Schaeffer Youth/Teen Services Manager Texas Department of Human Services SUMMER FOOD SERVICE PROGRAM APPLICATION FOR PARTICIPATION Give as much information as possible. Attach E additional sheets if needed; Identify each attachment with the name of the contracting Approved For organization. ❑Breakfast SECTION I - SPONSOR INFORMATION No. J-S'30v(Q b-a,10,3 Lunch Form 1506/M2rch 2001 rAFF ONLY TX No. 0(P(—(Uo� FY oZ a P.M.Supp. ❑ Supper ❑ All Contracting Organization Name .. _ Texas ID No. Telephone No. Hotline No. - City of Denton 17560005146015 940-349-8125 940-349-8278 Mailing Address (Street or P.O. Box, City, State, ZIP) 321 E. McKinney St., Denton, TX 76201 Street Address (if different) E-mail Address n/a Kathy.Schaeffer@cityofdenton.com Name of Administrator Title -- Kathy Schaeffer Youth/Teen Services Manager Name of SFSP Contact Person Telephone of Contact Person (Include Area Code) Kathy Schaeffer (940)349-8125 A. Contractor Classification (Check all that apply): ❑ National Youth Sports Program ❑ School Food Authority B. Is your program a year-round program? C. Type of Contractor: ® Public Entity ❑Residential/Nonresidential Summer Camp ❑Continuous Calendar School Year Is your agency considered to be state owned/operated? ®Unit of Government -Contractor certifies that all food service sites are operated directly by the contractor. ❑ Private Nonprofit Do you deposit your program reimbursement directly Into the State Treasury? Do you deposit your program reimbursement into a local bank? If yes, is it direct deposit? ►limmix. ❑ Yes ® No ® N/A ❑ Yes ❑ No ❑ NIA ® Yes ❑ No ❑ Yes ® No ❑ Private Nonprofit Organization -Tax-exempt status established. Attach letter of determination (IRS 501-30) of tax-exempt status from IRS. Do you deposit your program reimbursement into a local bank? If yes, is it direct deposit? ❑ N/A ❑ Yes ❑ No ❑ Yes ❑ No D. Does the organization provide an ongoing year-round service to the community that is to be served by No the Summer Food Service Program(SFSP)?................................................................................................................... ® Yes ❑ If no, which of the following circumstances applies? ❑ Residential Camp ❑ Failure to operate would deny program to a poor area ❑ Serves Migrant Children ❑ Failure to operate would deny a significant number of children access to program E. Does the organization expend $300,000 or more in federal funds yearly?....................................................................... ❑ Yes ® No Attach a copy of the audit covering last year's program operation or documentation that an audit conforming with SFSP policy will be conducted, including the date it will be conducted. APR 2 2 2003 Form 1506 Page 2. SECTION II — BUDGET A. Estimate all SFSP costs which will be claimed for reimbursement for the program year: -1. PROGRAM YEAR ESTIMATED OPERATIONAL COSTS COSTS Program Labor 8,704 Fringe Benefits 971 Food 47,000 Non-food Supplies 350 Utilities Rent Equipment Use Fee Rental of Equipment 2,800 Rate per mile Transportation Other (specify); 600 g as Other (specify); drug tests 250 Other (specify); coolers 400 TOTAL 1: 61,075 2. PROGRAM YEAR ESTIMATED ADMINISTRATIVE COSTS COSTS Administrative Labor 4500 (Management, Monitor, Clerical) Fringe Benefits 372 Rental of Office Space Utilities Office Supplies 100 Office Building Maintenance Equipment Use Fee Audit Fees Legal Fees Rate per mile Transportation .365 473 Other (specify); . cell phones 450 Other (specify); TOTAL 2: 5485 B. Indicate projected income to the food service from all sources other than SFSP reimbursement. Identify exactly the costs this income will cover. (Do not include state or federal funds.) Source of Income Amount Will be used for. Source of Income Amount Will be used for: SECTION III — MANAGEMENT PLAN A. List administrative level personnel who will be responsible for management and monitoring of the SFSP. (Do not include site supervisors, cooks, janitors or other personnel involved in on -site food service.) TITLE OF POSITION NUMBER IN POSITION SPECIFIC FOOD SERVICE PROGRAM DUTIES Program Director 1 Conducts training, monitors sites, prepares reports, coordinates food service. Coordinator 1 Assists supervisor with duties APR 2 21003 Form 1506 Page 3 B. Are children charged separately for meals?..................................................................................................................... ❑ Yes ® No If yes, complete Form 1506, Attachment A (page 2), and submit with this application. C. Do you want to receive advance payments? For Operational Costs? ❑ Yes ® No For Administrative Costs? ❑ Yes ® No D. If meal service is self -preparation, do you want to receive commodities?........................................................................ ® Yes ❑ No If yes, Form 1608, Application and Agreement for Commodities, must be completed and returned with your SFSP application. SECTION IV — PROGRAM OPERATION A. I. Beginning and Ending Dates of Meal Service A.2. Number of Sites FROM: June 2, 2003 TO: August 1, 2003 13 B. List dates and topics of SFSP training: DATES TOPICS 5/29/03 Site supervisors and monitor training on S.F.S.P. guidelines and Civil Rights Training C. Is the organization currently contracting with a year-round food service management company? ................................... ❑ Yes ® No If yes, submit a copy of your procurement procedures, bid, contract, and all amendments; skip Item D. If no, complete Item D. D. Is the organization planning to contract with a food service management company?.......................................:.............. ❑ Yes ® No If yes, and the contract will exceed $10,000, attach a copy of the invitation to bid. Also give: Date of Bid Publication Place of Publication Date of Bid Opening Time of Bid Opening Is bid expected to be $100,000 or more? If yes, give place of bid opening: ❑ Yes ❑ No Also, attach a copy of a minimum 11-day-cycle menu including all specific menus to be used. E. Attach a copy of the letter which has been (or will be) sent by the organization to the Health Department notifying them of intent to operate a Food Service Program at the site(s) indicated on the attached Site Information sheet (Form 1507). F. Are you implementing the option to allow off -site consumption of food? ................... ❑ All Sites ❑ Some Sites ® No Sites SECTION V —ASSURANCES A. Free Meal Policy Statement 1. The contracting organization assures the Texas Department of Human Services (DHS) that all children at the sites described on the Site(s) Information Sheets for the Summer Food Service Program will be offered the same meals with no physical segregation of, or other discrimination against, any child because of race, color, disability, age, sex, national origin, religion, or political beliefs. No separate charge will be made for any meal except in accordance with attachment A of this application. 2. The contracting organization assures DHS that, if It is sponsoring camps or other enrollment programs: • The contracting organization has or will obtain family size and income data about all children whose meals will be reported as free or reduced -price; and • The children claimed as free or reduced -price meet the current family size and income standards set by the United States Department of Agriculture, DHS Form 4504, Standards for Determining Free and Reduced -Price Eligibility. 3. If the contracting organization is sponsoring a camp or other enrollment program that charges separately for meals, the contracting organization has read Attachment A to this application, "Additional Assurances for Camps and Other Enrollment Programs that Charge Separately for Meals," and assures DHS that all requirements have been or will be met. APR 2 2 2003' Form 1506 Page 4 B. Public Release The contracting organization will make efforts to ensure that the local news media will make a public announcement of the program and will supply them with a news release. If the contracting organization is sponsoring a camp or other enrollment program, this release must contain, at a minimum, a list of all approved sites, a list of the current standards for determining free and reduced price eligibility, and the following statement: "The (Name of the omeniralion) announces the sponsorship of the Summer Food Service Program. Income eligibility will be based on family size and income using the Standards for Determining Free and Reduced -Price Eligibility, provided by the United States Department of Agriculture. Meals will be provided at the site(s) listed. People who are eligible to participate in the program must not be discriminated against because of race, color, national origin, sex, age, disability, religion, or political belief. Anyone who believes that they have been discriminated against should write Immediately to: Director, Civil Rights Division, MC W-206, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030 or the Secretary of Agriculture, Washington, D.C. 20250. NOTE: Discrimination complaints based on religion or political beliefs must be referred only to the Director, Civil Rights Division, Texas Department of Human Services." For all other programs, the announcement must contain, at a minimum, a list of all approved sites and the following statement: "The (Name of the omanizatlon) announces the sponsorship of the Summer Food Service Program. Meals will be provided at the site(s) listed. People who are eligible to participate in the program must not be discriminated against because of race, color, national origin, sex, age, disability, religion, or political belief. Anyone who believes that they have been discriminated against should write Immediately to: Director, Civil Rights Division, MC W-206, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030 or the Secretary of Agriculture, Washington, D.C. 20250. NOTE: Discrimination complaints based on religion or political beliefs must be referred only to the Director, Civil Rights Division, Texas Department of Human Services." 2. This public release was or will be published in the following news media outiet(s): NAME OF MEDIA OUTLET DATE OF RELEASE Denton Record Chronicle 5/16/03 KNTU 5/16/03 Marcus Cable 5/16/03 NAME OF MEDIA OUTLET DATE OF RELEASE City Cable Access Channel 5/16/03 3. Attach a copy of the contracting organization's public release statement as submitted to the news media and any other materials used to publicize the program's availability and nondiscrimination requirements. SECTION VI — WAIVER REQUESTS (Check all for which you are applying, submit appropriate waiver request form and documentation.) Waiver to operate more than 25 sites (Nonprofit organizations only.) Waiver of the time restrictions for meal service at migrant sites. Waiver of the 15 consecutive school day requirement for year-round school program sites. rlr(1 A R Waiver of the first -week site visit requirement (School Food Authorities only). 2 2 2003 SECTION VI — CERTIFICATION (see Form 1506, Attachment B) I certify that the information on this application Is true and correct to the best of my knowledge. I certify that reimbursement will be claimed only for appAved meals served t eligible children during the hours they are in attendance at approved sites. 1 know that deliberate misrep sentation or withholdirof information may result in prosecution under applicable state and federal statutes. 4/15/03 Date Name (please type or do ' t� Title Kathy Schaeffer Youth/Teen Services Manager FOR DHS USE ONLY �( APPROVED DENIED (reason): TIUe Date