Loading...
HomeMy WebLinkAbout2000-126\\CH IAAWOLIWmm ape LWu umenu\O Pnw\ mmer roof ee E ORDINANCE NO © - a (a 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 2000 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 malang 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 2000 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 2000 Summer Food Service Program is hereby authorized SE TIC ON 4. This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 2000 .. l I i►A. IXCH LOUVOLIWveMpt L�tpacm=WQ4uriaa\WW afool w low ATTEST, JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By % PAGE 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 City of 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 mterlocal 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 Il}denendent 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, North Lakes Recreation Center, TWU Playhouse Program, Village East Apartments, Fred Moore Learning Center, McMath Middle School, Rivera Elementary Summer School, Newton Razor Elementary Summer School, Woodrow Wilson Elementary Summer Enrichment Program and with and for the rates herein listed Breakfast $000_ each Lunches $ 1 65 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 Independent School District agrees to comply with the requirements of the Immigration Reform Control Act of 1986 regarding employment verification and retention of venfication forms for any individuals hired after November 6, 1986 who will perform labor or services under this contract V Audit The Deign 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 Co Mhance 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 (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'/z 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 Comphance With Laws The Denton Independent School District agrees to comply with all other applicable laws, including without limitation, any adchtional applicable Federal Laws or regulations contained in the Summer Food Program Agreement between the City of Denton and the Texas Department of Human imices. 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 May 30, 2000 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 _ M=*6 Agreed to this d, ii �� �� � ILA ,��/ Sponsor• The location of the food preparation site will be Rivera Elementary School 701 Newton Denton, Texas 76205 APPROVED AS TO LEGAL FORM HER13ERT Lo-MOUTY, UO ATTORNEY �'7 0// > � i✓ / TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF T$I XAS § COUNTY OF TRAVIS The Texas Department of Human Services, hetoindWr referred to as TDHS, AND City of Denton, Texas, A Texas Municipal Corporation at 215 E. McKinney, Denton, Texas 76201 hereinafter Waned to as the Contractor, dnbmby make and eater into this contract, as required by the National School Lunch Act and the C hild Natntion Act, as amended , and the following program regulations the National School Lunch Program (NSLP), 7 Code of FedaI Regulations (CFR) Pact 210, the Special Milk Program (SUP), 7 CFR Part 215, the School Breakfast program (SBPj 7 CARP 220; the Summer Food Sam Pmgtam (SFSP), 7 CFR Part 225, and the Child and Adult Caro Food Program (CACFP) 7 Part 226 This m one a more of the named randresponsibilitiesincited herein the Contractor pursuant to the Contractor's participation programs P Y signing this agreement, both parties are bound by its terms and conditions from its begmnmg effective date until terminated in accordance with this agreement UUTUAL AGREEMENTS The Parses mutually agra A If the Contractor fails to provide services in accordance with the provisions of this contract, TDHS may, upon written notice of default tolthe Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for rembursiam¢ot, and such tam nation 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 fidfillment of this contract, on the part of either party, a 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 swam contemplated by this contract than, the partics shall be discharged fium any fiuther obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest or obligations, including audit fndin , incurred up to the date of termination. C Thus coatrat imp be canceled by muwel consent. However, if such mutual consent cannot be anamod, then and in that event, either petty to thus oaotraot way trotnsida it to be canceled without cause by giving thirty (30) days nonce in writing to the other party and tiw contract shall thereupon be canceled upon the expiration of such thirty (30) day period Nothing in this paragraph shall be construed to probrbit immediate cancellation pursuant to above paragraphs A and/or B U. OONTRACPOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A TbeConumprwill comply with the applicable regulations for its designated program, as well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Asststati a 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 finiher agrees to perform as described in its application (including its Policy statement and suppottiag documents, and approved amendments to the application) for participation in the designated program U. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT (Continued) B The Contractor accepts final adrmmsrrative and financial responsibility for food semoe operations m each school, summer feeding site, and cluld and/or adult care facility, hereinafter referred to as a site operated or sponsored by the Contractor The responsibility includes audit exception or payment defica ncy in tie covered by this contract, and all subcontracts hereunder, which we found after monitoring or audrtng by 1�DHS or USDA and will be responsible for the collections and payback of any amount paid m excess of the proper clams amount C The Contractor submits for TDHS approval only those applications for sites which have delegated the authority for slue administration of food service operations to the Contractor or which have exxarted subsVeemants with the Contractor for the administration of food semen operations D Contractors participating in the NSLP agreo 1 that the official sigmmg the Claim for Reimbursement wdl be responsible for reviewing and aoalyzmg meal counts to ensure accuracy and compliance with federal regulations 2 to enter into an agreement to recavedoneeed foede as regnmed br federal regulations, and 3 to price lunch as a unit 1 E Contractors participating in the CAM provide or accept responsubllrty for the provision of organized, noa-tastdeod)al child day care and will immediately report to The Texas Department of Protective and rag Se urbnse Licensing or Child protective Services staff, awry suspected violations of 7WRS Lroeas of children in sponsored centers or day hones 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 claret was submitted m 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, clan n, or audit involving time records begins before such period expues, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all htigation, claims or audit findings are resolved The case is considered resolved when there is a final order issued m hbgaowo, or a written a8mamm is entered into between TDHS and the Contractor The Contractor will keep moords of eon -expendable property acquired wider 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 idermmed 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, am in part, by TDHS IV CIVIL RIGHTS POLICY COMPLIANCE A. That Contractor agrees to coniply with Title VI of the Civil Rights Ad of 1964 (Public Law 88-352) and all is andd550) aned d FNthe Sdirectives or ra�iilaLois issuedations of the Department Agriculture to fat art FR Part Section 50of Justice4 of the arts 42 Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990 (Public Law 101.336), Title IX of the Education Amendments of 1972 (7 CFR Part 15a), the Age Disermination Act of 1975 (Pubbe Law 94- 135), and all amendments to each, and all requirements imposed by the regulations mused 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 m the United States shall, on the ground of ac cola, national orgw, sex, age, disab ty, poby f federal beliefs, or religion be excluded from participation m, or denied aid, care, service or other benefits rovided and/or state fimdmg, 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 gtnddmes regarding AIDS and HIV) The contractor herby gives assurance that it will immediately take any measures necessary to of actuate this agreemenL IV. CIVIL RIGHTS POLICY COMPLIANCE (Continued) B This Assurance is given in consideration of and for the purpose of obt�omg my and all federal financial asautanoa, grants and loans federal Rids, reimbursable expendituea, grant or donattoa of federal property and interest in propatty thy_ detail ors g persoAael, the sale and keno o>; and ilia permission to sere, federal property or mtereet m such property or the of services without consideration or at a nominal consideration, or at a consideration which is reduced for the Of purpaos to f ass" t recipient, or in rarogmtwn of the public interest to be served by such sale, lease or furnishingreerP oany improvements mach with federal financial sssutaoce extended to the Program applicant by the MHS Thu 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 finaucuor l assistance extended in reliance on the representation agreements made in this sssurence. - C The Contraptor agrees to compile data, maintain records, and submit reports as requited, to permit effective enforcement Of the above Acts and permit MdMnzed TDHS, USDA and FCS persoroel dorm# namai worlmg bows to review such records, bo0ka, and accounts m needed to "certain pGa�e with the above Acts If there am my videdtxu of this assurance, S, USDA add FCS halm tie right to sect judicu(eafarcemewt of this assurance Phis asswis bindingon the Contractor, its successors, trenaferees, and assugrim as long a it recaves assistance or rtniq poseasaine of any assistance from the department. The peraew whose signature appears on this contract isauthorizaitd st assmce on the behalf of the Contactor D A religious or charitable organization is eligible to be a contractor on the same basis as any other private agao>zatim The contractor retinas Its mdePWWc= from State &rid local governments, including the contractor's control over the definton, deveiopment, practice, and expression of its charitable or religious beliefs Except as provided by faders law, TDHS shah riot mterpret this contract to require a charitable or rotgwm organazarwn to aker Its farm of internal govanam Pr remove religious art, cams, scripture, or other symbols Furthermore, if a religious or charitable orgamaeton segregates the government fiords provided under the contract, then only the financial assistance provided by these fiords will be subject to audit However, neither TDHS's selection of a charitable or faith -based contractor of services nor the expo"tune of Rinds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The putpoae of this contract is the provision of services, no State expenditures have as their objective the fording of sectarian worship, mstruotons, or proselytzaton. A chantabl or faithbased provider of services under this contract shall reasonably apprise all assisted individuals of the followuhp ether THDS's selection of a charitable or Ruth -based provider of services nor the atpendidae of Rinds under this tact u an endorsement of the provider's charitable or religious chaataw, era him; or expression- No provider a iof services may ractice ydoiscrrmmate against you on the basis of religion, a religious belief, or you refusal to participate to a Tiff rente � provtder IfIf u behove jest t a ar provider because of its religious character, you may to" assignment notify y* provider Tr S � rights have been violated, please discus the complaint with year provider or no peas Nutrition Programs office Section 104 of The Personal Responsbdity end Work Opportunity Reconciliation Act of 1996 42 U S C ¢ 604a, sets forth certainadditions rights and responst dices for charitable and forth -based providers of services, certain additions rights of assisted individuals, and certan additions responsibilities of TDHS to these providers and assisted individuals This contract is subject to those additional nglus and responsibilities V. TDHS CLAIMS PAYMENT A TDHS well, subject to the federal appropriation and availability to TDHS of sufficient fiords for the applicable program, make propayment to the Contractor in accordance with the terms of thus se P 8� for perf under this agreement occurring nor to a) the be agrective ement. No reimbursement shall be made date estabW>ted by TDHS based on the date Of tempt of a fully ex�dted copy of this oagreemeri agreementf this or (b) a later B In I with Section 403 OSS(h) of the Oovemrtxnt Code, the contractor ads that any payments due to the contactor firs contract will be fast applied to any debt and/or back taxes the tractor trues the State of Texas Payments be so applied until such debts and back takes are paid in full This clause does not cepply if federal law requues Pay cot to be made to the contractor for goods and soirees provided in support of any of the USDA child and adult nutrition programs, and may not apply if federal law conditions the tempt of the money for these goods or services to the state on the baste of payment being made to the contractor VI. IMMIGRATION The Contractor adp�ss to comply with the re4uvements of the Imunfrahon Reform and Control Act of 1986 g employment verification and retention of verification forms for any individuals hued after November 6,1986, will Perform any labor or services under this contract CERTIFICATION A' ROOMIMI Debarment, Suspension. Iaahpbrbty, or Voluntary Exclusion For Covered deelmdtpbl�a, or vol i iq �rinctpala to tly debarred. suspended, Proposed f deb the State of Tpww. BY »risking this oertificadon Ana tam department or agency or by 1 �! 6e above certrfication us a material representation of fact upon which rehaax was based when this contract was catered iaf0 If nit is later determined that the contractor Imowmgly raadered an erroorwis certification. in addition to other rutemediea available to the federal government, tlro Department of th and Human SernCas, United State Department of es mcluding suspension or federal deparCauot of sgency, or the Texas Department of Human Same" may pursue available and/debarment. 2 The contrad" alias provide immediate written notice to the Persontowhich thus certification >a submitted if at any time the contractor, learns that the certifiaution was changed circumstances erroneous when submitted or has become erroneous by reason of 3 The words "covered contract," "debarred," suspended," "melibI p " and voluntarily excluded," as used m this certification have mean%mgsba� u ant' °n. riOC, "ProP�1:' Coverage sections of federal rules unpl�tmg Executive Order 12549 Usa� is defined m eons and 4 The Contractor agrees by submitting this cartntication that, should the proposed covered contract be entered imo, it shall nor excluded &mom anc�u ahenter into �m this coveredtransaction, subcontract with a Person who is debemed, suspended, dxlared ioelrpble, a voluntarily Savicas,P P unless > Abmzed by the Department of Health and Human HUMAIII S Mates Department of Agriculture or other federal department or Department of applicable agency, and/or the Texas SRwidin Debarment, The conhuctor fruther apses by submitting this certification that it will include TDHS Form 2046 titled "Certification all covered subcontracts and all 9011 rt heafor all ty, Contracts- Exclusion for Covered Contra" without modification. in covered subcontracts 6 A contractor may rely upon a certification of a subcontractor thst Its not debarred, auspended, iinehpblq a voluntaaily excluded &rim the covered contract, unless it (mows that the t eWAtton is erroneous. A contractor, must, at a mai muin, obtain certificates from its covered subcontractor upon each subcontractor's mitiation and upon each renewal 7 Notbmj; co t d ina all the foregoing $ball be construed to require establishment of a system of records m armor to reader in goodthen required b} this certification doc umeuL The bwwlo* and information of a conimst r is" gsOr �� to exceed that which s normally possessed by a pndeat Perron in the ordinary MM of 8 Except for contracts authorized under paragraph 4 of these terms, if a contractor m a covered contract Jmovvingly eaters m thus traosacinto a covered subcontract with a person who s suspended, debarred, raftble, or voluntarily excluded from participaaon on. m addition to other remedies available to the federal government, Departrnent of Health and Human Services, United States Department of Agriculture, or other federal d� t or an DepartmaDepartmentof Human Services may pursue available remedies, molumV suspension and/or debarmeenitt. and/or the Texas VIL CERTIFICATION (Continued) B Few I obbytttg - Thb oattficadom appha only to this ooatrnx ad is a material repragatsnon of Aix upon which was pplaced wben thin ftm d m wst made or aotered into. Svbmimm of the owd8csnoa it s fa malting err atterbg into this transaction lop and by section 1352, title 31, U.S Code Any person wbo; W do shall be subject to a ' penalty of not less that 510,000 and not mars than $100,000 for each such f um The contradoR oerd8q, to the but of his or her knowledge and beK that: No federally Ands he" bean ppe�edd or will be pad, by or on behalf of the umderngned, to any rnfitteactmg err sttampmtg to mfitttmce ao adlox a awma eo of my egerwy. a member of mgr m oou_person for bw err employee d err m employee of s wAmba ofCmwm m oomedmn with the cwa� ofacw hderd 000eser, dotty I PIK We � of arty tom, the �erm� lobo of any dva agreement, err the extaatico, ratan'd.ana......,or�afmyibderel000treet;grmt.koa4orcooperative If say Ands other than A+daally appropriated Aida bite been pad or will be pad to any paten for mflttem or � to bdhamcc an officer or employee doarryry agatay, a member of Caogras, an o!$ccer err anployee d ermtor of a member of Com®raa h► coamrrdian with this fedaally Ands! 000tract, wboontrad, sabgrmt, or &� r late and submit Standard Form-LLL, "Disclosure Form to Report LA)bbym MIS doll subewada tiers (iwh ft tuI d susubgrm contnds under gr the award do d coop Ear all agreements) covered grants, looms, and cooperative ageemarts) and the all covered subrocrpraas shall Canty and disclose accordingly C The Contractor, certifies that if it u s Corporation, it is adwr a for -profit corporation that a not delinquent m its franchise tax payments fin the State of Taus, or is anon-proSt carporaacn or of othawuC not sublea to paymau of franchise traces to the State ofTexas. D The con" cauft that all mformatron armedpum"to this agreement a true and oornoct The contractor understands � dwion tat appMMheabatatob and Or W Of IS vwlanon of tis hcootrod and may E. Under Section 1231006, Family Code, the valor or apphcao< oah5a that the mdtvdual or business enuty named m this com zw4 but or application a not mebgtble to taoava the speafied dram, lost or payment and acknowledges that this contract may be terminated and payment may be wAMmId this eati5catwn is maoaasra. 14 WIN EFFECTIVE DATE AND SIGNATURES The parties be ato m thar capacrttes stated~ affix then srgostures and bind themselves for the fard" performance of the terms of this contract Pummnt to partrcrpatioo to the following program or programs NabmW School Lunch Program School Breakfast Program Speaal Milk Program City of Denton Name of (Please print or type Michael W. Jez Name of OJlictal SIMBIR (Please paint a type) Effective from By TDHS Represen dve -4 Child and Adult Care Food Pm$ m Food Semce Program Of b'rJ. arothar yr afd'uectsip ors cantmm on rafting b Ong orgmrzerion Cit Mana er Trile of olmal (Please pant ortype) TEXAS DEPARTMENT of HUMAN SERVICES until terminated, 15 Approved for Form by OOC VIII. EFFECTIVE DATE AND SIGNATURES The parties hereto mj thew capacities stated, affix their signatures and bind themselves for the faiddllil performance of the terms of this coutraeF pursuant to participation in the following program or programs National School Lunch Program School Breakfast Program Special Milk Program City of �enton Name of Contracnn Organization (Please print or type Michael W. Jez Name of Official Signing (Please print or type Child and Adult Care Food Program Summer Food Service Program / or other officj4 who lib4cen authorized to sign contracts on behalf of the contracting organization. City Manager Title of Official (Please print or type) TEXAS DEPARTMENT OF HUMAN SERVICES Effective from until terminated By TDHS Representative Date Approved for Formby OGC VII. CERTIFICATION (Continued) B Re$ardmg Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliance was laced when thus transaction was made or enteral into Submission of flue certification is a prerequisite regrmred certification or shall binto e this to a civtratuaction ililppenalosed ry of not less than section 1352 $10,0e 3 00 and not moreAny person s100 000 for each such thefailure The contractor certifies, to the best of his or her knowledge and behaC 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 malang of any federal loan, the entering into of alcy cooperative agreement, or the extension, continuation, renewal, amendment, or modifiiationrof 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 ur true and correct The conr tracto understands that the deliberate misrepresentation or withholding of information is a violation of thus contract and may result in prosecution under applicable state and federal statutes E Under Section 231006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not meligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld of this certification is maccurate i ape ueparawx d Human Semites Fwm 4S08 March 1998 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY la(ero) noted as an Authorized Representative of to of cWW*Wv oqwftdm Cit of Denton 321 E McKinney The represoMative(s) designated above, and myself, are authorized on behalf of the eonbacdng organization to make written Nr"monts with the Texas Department of Human Services to operate a food program, to sign documents or r000rts about the sareemenL end to Present claims for reimbursement, when appropriate, to the department W Jez .w wove ,,w! ^ul v RESENTATIVES: A contracting organization may not haw more than throe (3) Hdud" the Omolal of the Contracting Agency M you are replacing or deleting an the name(a) of the bKW WwKs) to be removed as Authorized Representatives) below ryi, V,N VVi V,�r• Arnnwlt No Roolkid By OW Recoked TI(- TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF TEXAS 4 COUNTY OF TRAVIS § The Texas Department of Human Services, hereinafter referred to as TDHS, AND City of Denton, Texas, A Texas Municipal Corporation at 215 E McKinney, Denton, Texas 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 CluldNutrtdon �Act, as amended, andthe Wowing progri m�gulahons the National School Lunch Program (NSLP), 7 Code of Federal (CFR) Part 210, the Special Milk Program (SMP), 7 CFR Part 215, the School Breakfast Program (SBP), 7 CPR CPR tart2 ' he Summer Food Sam Program (SFSP), 7 CFR Part 225, and the Child and Adult Care Food Program (CAC Tins agreement spep5es 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 herem. By sngnmg this agreement, both parties are bound by its terms and conditions from its beginning effective date until terminated in accordance with this agreement I. MUTUAL AGREEMENTS The Parties mutually agree A If the Contractor fads to provide services in accordance with the provisions of this r muwt, TDHS may, upon written notice of defaultto the Contractor, immediately terminate the whole or any part of this contract, mcludmg refusal to pay elamms for renmbwsscmco and such termination 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 requntments are amended orIudierally interpreted so that the continued fulfillment of this contract, on 4 part of either party, is substantially unreasonable or impossible, or if the parties are unable to agree upon any amendment whin would therefore be needed to enable the substantial continuation of the services contemplated by this contract &in, on pates shalt be discharged ftom any finther 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 cootraa ry be caooeled by mutual couseaL However, if such mutual consent cannot be attained, then and in that event, either party to thb coon may consider it to be cimooled without citric by giving thuty (30) days notice in writing to the other party and paragraph �1 construed to prohibit immediate can�oellationthe puptusumt above pvatiou of such paragr(aph)s AyponodL aNothing in this or B IL CONTRACTOR PROGRAM ADMINISTRATION AND F94ANCIAL MANAGEMENT A The Contractor will comply with the applicable regulations for its desiguated program, as well as 7 CFR Parts 245 and 250, as amendrxl,'I the Uniform Federal Assistance Regulation (7 CM Part 3015, as amaided), Audits of State, Local Governmen ,and Non -Profit Organizations (7 CFR 3052, as amended)and state policies and procedures as issued and anended by 1 HS The Contractor fiu cr agrees to perform as described in its application (including its Policy statement and supporwlg documents, and approved amendments to the application) for participation in the deagoated program. IT. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT (Continued) 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 my audit exceptions or payment deficiency in the prom covered by thus contract, and all subcontracts hereunder, which are found after monitoring or auditing by I S or USDA and will be responsible for the collections and payback of any amount paid in excess of the proper claim aatount. 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 smalyzmg marl counts to ensure accuracy and compliance with federal regulations 2 to enter into an agreement to receive donated foods as requued by federal regulations, and 3 to price lunch as a unit E Contractors pamcipstmg 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 Licemsmg standards or suspected abuse of children in sponsored centers or day homes RECORD KEEPING A The Contractor will keep financial and suporting documents, statistical records, and any other records pertment to the services for which a claim was submitted in the manner and detad prescribed by TDHS The records and documents will be kept for a mimmum of 3 years and 90 days after the temunation of the federal fiscal year for the relevant program If any litigation, clean or audit involving these records help 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 am resolved. The case is considered resolved when there is it final order issued in hugation, or a written agreernent is a terod nmto between TDHS and the Contractor The Contractor will keep records of ice -expandable lxoperm acywrod 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, examme, and copy records at any reasonable time This includes access to all records of costs paul, even in part, by TDHS IV. CIVIL. RIGHTS POLICY COMPLIANCE A The Contractor agrees to comply with Tile VI of the Civil RI Act of 1964 (Public Law 88-352) and all imposed by the regulations of the Department of Agriculture 77CCFR Part 15), of Justice (28 CFR P tr and 50) and FNS durecttves err regulatons Iuued pilrsnmt to that set and the Section 504 of the Rehabihtadon Aa of 1973 (Public Law 93-112), the Alnencans writ lljaabilities Act of 1990 (public Law 101.336), Title IX of the Education Amendmcute of 1972 (7 CFR Part 15a), the Age Diserlminaation Act of 1973 (Public Law 94- 135), and all amendments to each, and all requirements imposed by the regulations Issued pinsumt to these acts In addition the contractor agrees to comply with Title 40, Chapter 73, of the Taxes Admimatrative Code. Theme provide in part that no person in the United States shall, on the grannd of rerx, color, nwanal aa8tq snit, am sty. polttcal beliefs, or religion be excluided from participation in, or denied airy aid, taro, aervlcx a otter benefitsprovided by federal and/or state ftmding, or otherwise be subjected to discnminatioa The contractor also a$rep to comply with Health and Safety Code Section 85 113 (relating to workplace and confidentiality gmdahnes regerditig AIDS and HIV) The contractor hereby gives assurance that it will immediately take any measures necessety to effectuate this agreement IV. CIVIL RIGHTS POLICY COMPLIANCE (Continued) B Thu Is given m consideration of and for the purpose of obtaunng any and all federal financial assutence, grams and 1 au�federai toads, reimbursable wcpenditures, grant or donation of federal property and mhatist is pcopaty, qte detail off paaonnel, the sale and lease of, and the permission to use, federal property or mtemst m such � a the furnishingof sernces without consideration or at a nominal consideration, or at a consideration which is raduced for the purposo of assestm$ the recipienk or m recognition of the public interest to be served by such sale, lease or fiums}ung of sernces to the reeiplenk or any mnprovaments made with federal financed assistance extended to the by the TDI#S Thu includes any federat agreement, arangemenk or other contract vouch has as one of tt�s purpoa�espthe� provision oieash assistance for the puirchase of food, and cash assistance for purchase or rental of food aernce eepllpmem or any other financed assistance extended m reliance on the representation and agreements made m this assiiracee C The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective eafmcxment of the above Acts and permit authorized TDHS, USDA and FCS persomid dining normal wexlong hours to review such r7t and aceamts asneedto asca�tam l D S, USDA sladinid FCS hTheairotNe righ tractor, Ira successors, trarisfexeels, an the Contractor Person whose signature appears on this contract is authorised to sign this assurance D A rchgious or charitable organization is eltgtble to be a contractor on the same basis as any other private orgamzahom The contractor retains Its independence from State and local govemmenty, 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 intai d governance or remove religious art, Icons, scripture, or other symbols Furthermore, if a religious or charitable organization segregates the government limos provided under the oontrnok then only the financial assistance provided by these fords will be subject to audit However, neither TDHS's selection of a charitable or froth -based contractor of services norithe expenditure of finds 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 proselytlzation. A chantable or faith -based provider of services under this contract shall reasonably apprise all assisted individuals of the followm� " herther TiIDS's selee41on of a charitable or froth -based provider of services nor the expenditure of fiords under this contract is an endorsement of the provider's charitable or religious character, Practices, or Wqxessuin. No Provider of services may discriminate against you on the basis of religion, a religious ballet; or your to participate m a rehgnoult practice If you object to a particular provider because of its religious character, you may request assignment to a d erentr provider Rout behove 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 Responsib" and Work Opportuiuty Reconciliation Act of 1996 42 U S C 4 604a, sets forth certain additional rights respon:%dities for charitable and faith -based providers of services, certain additional rights of assisted individuals, and certam 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 finds for the appheable program, make program payment to the Contractor in accordance with the tam of this agreement. No reimbursement shall be made for performance under this agreement occmnng prior to (a) the beginning effective date of tins agreement or (b) a later date established by TDHS based on the date of receipt of a hilly executed copy of this agreement. B In accordance with Section 403 OSS(h) of the Government Code, the contractor agrees that any payments due to the uxmtractor Under this contract will be first applied to any debt and/or back taxes the contractor owes the State of Texas Payments will be so applied until such debts and back tares are paid in fail This clause does not apply if federal law requires payment to be made to the contradur 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 VI. IMMIGRATION The Contractor ad�ss to comply with the regmremam" of the 1m�ration Reform and Control Act of 1986 cmploymcut verification and retention of verification,mr forms for any uuidividuels hued atl9a November 6,1986w perform any labor or services under thus contract VII. - - - CERTIFICATION A. Regar&N Debarment, Steen, hwhgibihty, or Voluntary Ercelus For Covered by execution of this agreement, that nether it nor its Primeipale hspr�� debar�' Tlk es, declared ineli ble, or vohmtwily excluded �partepahag as fbis—ad dry �r suspended, djWdePar� farncy or b nut, the State of Texas By malting this eatification die contractor agrees to the folbwmg terms ate' a � 1 The above certification is a material representation of fact upon which rdimce was based wben dua contract was entered into If it is later determined that the contractor lmowmgly modered an erroneous _ remedies available to the federal government, the Department of�ialdt and Htmoan coon' tate m addilim to other wag moron i deba t.W13WW Of , or the Teas Department of Human services may Pursue av sDepartment of 2 The contractor shall provide anmahate written notice to the person to which this xxraficatien is submitted if at any tune the contractor Icarus that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances 3 The words "covered cortraet,„ "barred,„ suspended,„ "ineL�ible," "participant," „ "pnnoi „ .. and voluntarily excluded,„ as used m this Certification have finings based upon matey 4the DeSninons amid' Coverage sections of federal rules implementing Executive Order OZ49 Usage is defined in the attachment, not knowm* 4 MW contiacttWeeser mw by submitting this cetification that, should the peniposed covered contract be entered into, itshall etc any subcontract with a person who is debarred, aippeoded, dcc1WVd ineligible, or voluntimly S PaMaPeion m this covered transaction, unless authorized by the Department of Health and Human Human Services, as �hicablle artment of Agriculture teae or other federal deparbtknt or agwcl,, and/or the Texas Department of S The contractor further agrees by submitting this certificat'On that It will Include TDHS Form 2046 titled "Certification all subco Sa uSIMMIM in all soluftbon�for all covereddssubcoutracts Exclusion for �v cred Contracts" without modification, in 6 A contractor may rely upon a certification of a subcontractor that it is not from the covered contract, unless voluntarily inch I excluded Sbk or xt knows that the certrfi isaro�neodus�'A conttraeW must, at a minimum, obtain certificates fiom its covered subcontractor upon each subcontractor's rmtiation and upon each renewal 7 Nothing contained in all the foregoing shall be construed to regnre establishment of a system of records in order to reorder in good faith the notification regwred by this certification document. The hnowled$e and Information of a business r Is not required to exceed that which is normally possessed by a prudent person in ordinary conne of 8 Except for contracts authorized under pani$raph 4 of theca terms, if a contractor ina covered contract 1moRwgly caters into a covered subcontract with a person who is suspended, debarred, mah pole, or voluntarily excluded from participation m thus transaction, In addition to other remedies available to the federal goverameat, Departinmt of Health and Human DepartServicesment of Human SUnited States ervices of Agriculture, or other federal niment or agency, a applicable, and/or the Texas may pursue available remedies, including suspension and/or debarment, VII. CERTIFICATION (Continued) B 1%hard .# Federal Lobbying This certification apples only to this contract and a a material representation of fact upon which reliance was placed when flue transaction was made a entered into Submission of thta oeatificanon is a prerequisite for making or entering into this transaction unposed 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 $ lo,000 and not mine than $100,000 for each such fadure The contractor certifies, to the bast of his or bin knowledge and belief; that. No federally appropnated funds have been ppad or will be paid, by or on behalf of the undersigned, to any for eon to euig Cattempting to uifluentx an ofHtxr or employee of any agency, a member of Congress an off= or employee of Cpapem or an employee of a member of Congress in connection with the awarding of any federal conttaa, the malong of any federal grant, the making of any federal loan, the entering into of any cooperative aVcamM% or the witem0n. continuation, renewal, amendment, or modtficabour of any federal contract, grant, loan, or cooperative agreement If any finds other than federally appropnated Ands have been paid or will be paid to any person for imfl oc OMP to influence an officer or employee of any agency, a member of Congress, an officer or employee of Ogress, or anm loyee of a member of Congress inconnection with this federally Amded convect, subcontract, subgrsnt, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbymg," in accordance with its instructions The contractor shall require that the language of this certification be included in the sward 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 comfy and disclose accordingly C The contractor, certifies that if it a a corporation, it is ether a for -profit corporation that is not delinquent in its francl use tax pato theyStatements oo the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of fianchise taxes D The eomraceorom loatifies that all information submitted pursuant to this agreement is true and correct The contractor understands that the deliberate musrepeescatation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes E Under Section 231006, Family Code, the vendor or applicant certifies that the individual or business entity named in this ocntract, bud, or application is not mehgible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if tins certification is maccurate VIII. EFFECTIVE DATE AND SIGNATURES The patues hereto m their capacities stated, affix their srgaaturw and bind themselves for the fathfril performance of the terms of d= contract pursuant to participation m the followmg program or programs National School Lunch Program School Breakfast Program Special Milk Program City of Denton Name of Carttracdn Organization prhrt or type) Michael W Jez Name of Official St (Please pant or type Effective from By TDHS Representative Chdd and AdWt Care Food Program X Summer Food Service Program �r Stgoaturo of of of directors or mbar offiici who has authorized to ago contracts on behalf of the contracting orgawatiam City Manager Tide of Official (Please print ortype) TEXAS DEPARTMENT OF HUMAN SERVICES until termmated Date Approved for Form by OGC i" UpWMn1 N lA� SarAms Fa 45M MUM 1998 This Is to ceftllY mat me fottowng M *1 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY la(w)dwonsted as an Aut wbW Representative of Cit of Denton 3211E. McKinney The s) designated above, and myaetl, are authorized on belie" of the contracting organization to make written NO the Texas Deperbnerd of Human Services to operate a food program, to sign documents or sports tits yM roana, and to present claims for reimbursement, when appropriate, to the department. Gf» of pq Michael W Jez - I City DELETED AUTHORIZED REPRESENTATIVES: A contracting orWnizaflon may not hew mora than mras (3) Auglorixe0 L�' �� woof tba v l Contracting AAganawad u� you wezed mPIWnrgih r delsting an below. l FOR DHS USE 2NLY I TX-