Loading...
HomeMy WebLinkAbout1999-112P fo .p .da ORDINANCE NO 9 9::/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 1999 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 I. That 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 herem, along with any other documents and certificates necessary to obtain such funding SECTION II. That 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 1999 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 III. That the expenditure of funds necessary to administer the 1999 Summer Food Service Program is hereby authorized SECTION IV. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the f� day of u 11999 J MILLER, MAYOR P kharMWWp L`A rN ae cme ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 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 ►nterlocal 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 Lo - . MIS I&M1� Denton Independent School District agrees to supply unitized meals inclusive of milk and juice to the City of Denton Parka and Recreation Department, at the MLK Recreation Center, Phoenix Park, Dema Park, Civic Center Park, Owsley Neighborhood, TWU Playhouse Program, Village East Apartments, Fred Moore Learning Center, Rivera Elementary Summer School, and with and for the rates herein listed Breakfasts $ 0.00 each Lunches $ 1.65 each Snacks $_Qa 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 assure that said meals meet the minimum requirements as to nutritive value and content as outlined in the U S D A's Sponsor Meal Preparation Handbook, and will maintain full and accurate recordings of such, including the following 1 Menu Records, including amount of food prepared 2 Meals, including daily number of meals delivered by type IBC �i •, . These records must be reported to the institution promptly at the end of each week Denton Indpendent School Distnct 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 be retained 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 Dena_rtment of Human Services The Denton Independent School District agrees to comply with the requirements of the Immigration Reform Control Act of 1986 regarding employment venfication and retention of verification forms for any individuals hued after November 6, 1986 who will perform labor or services under this contract The Denton judomd= 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 The Damon Wgpendent 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) The Denton laftendent 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 The Demon Ln_denendent School Disn+ct 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 a standard work day of eight hours and a standard work week of 40 hours. Work that exceeds the standards must be compensated at least 1 % tunes 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 DC Eaual Emnlo ent QWorrunity The Demon la ftendent 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 (41 CFR, Part 60) n The Denton IWCRIQdM School Distn agrees to comply with all other applicable laws, including without limitation, any additional applicable Federal Laws or regulations contained in the Summer Food Program A eement between the City of Denton and the Texas Department of Human Services. If the Denton indc+nendent 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 any part of this contract XII Consideration The City of Denton agrees to pay Denton Independent School District for all meals ordered on a daily basis at the rate agreed upon in this contract t - Vee The agreement shall be effective as of June 1. 1999 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 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 tlus agreement as of the dates indicated below Agreed to this datej--L-9' Agreed to this date Z9 ! 49 Sponsor Official ✓ School Sponso Title The location of the food preparation site will be Rivera Elementary School 701 Newton Denton, Texas, 76205 APPROVED AS TO LEGAL FORM HERBERT L 'P\ROUTY, CITY ATTORNEY BY EG,z—'0� SUMMER FOOD SERVICE PROGRAM AGREEMENT STATE OF TEXAS § COUNTY OF TRAVIS § The Texas Department of Human Services, hereinafter referred to as TDHS, MAI 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 Leach Act (Section 13) and the Summer Food Service Program, hereafter referred to as the SFSP, Federal Regulations (7 Code of Federal Regulations [CFR], Part 225). L [iLTyrifNiRcjiA31 31�Iat<� The Parties mutually agree• A. If the contractor fails to provide services in accordance with the provisions of this contract, the Department may, upon written notice ofdefiuilt to the contractor, immediately terminate the whole or any part of this contract and refuse to pay claim forrmmbursem t Such termination and/orrefusal to pay claims for reimbursement shall not be exclusive remedy but shall be in addition to any other rights and remedies provided by law under this contact. B. In federal and state laws or other regturements are amended orludrerally interpreted so that the continual fulfillment of this contract, or the part of either party, is substantially unreasonable or mnposstbl% or if the parties are unable to agree upon any amendment which would therefor be needed to enable the substantial continuation of the services contemplated by tins contract, than, the parties sball be duehsrged from ay fitrther obligations created under the terms of this contract, except for the equitable settlement of the respective acctued interest or obligations, including audit findings, mcurred up to the date of termination. C This contact 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 be consider it to be canceled without cause by giving (30) days notice in writing to the other party and this contract shall be thereupon be canceled upon the expiration of such (30) day period Nothing in this paragraph sball be construed to prohibit immediate cancellation pursuant to above paragraphs A and/or B Rev 2/98 5-4 CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The contractor will comply with the SFSP Federal Regulations (7 CFR, Part 225, as amended), Umforin Fe Assistance Regulation (7 CFR, Part 3015, as amended), and state policies and procedures der as issued and amended m T den Hs The contractor fiuther agrees to perform as described In its application (including supporting documents and approve amendments to the application) for participation in the SFSP B The contractor accepts final administrative and financial responsibility for food service operationat each site sponsored by the contractor This responsibility includes the performance of the conditions of settlement of any audit Pti� or payment deficiency In the program and the collection and repayment ofany amount paid in excess of the proper claim amount which are found after monitoring or auditing by TDHS or the United States Department of Agriculture (USDA) This responsibility applies to this contract, and all subcontracts hereunder. C The contractor will apply to TDHS for approval of changes to its original application and forpnorauthomation for field trips if meals served on the field trips will be claimed for reimbursement Requests for changes and field trip authorization must be received by TDHS at least five (5) calendar days before the requested effective date for the change for the field trip Contractors will notify TDHS wrthm five (5) days of the termination of an approved food service site. HA SFSP RECORD KEEPING A. Tile contractor will keep financial and supporting documents, statistical w the services for which a claim is submitted The records and documents will and any other records pertaining ,90) days after the termination oftbe contract kept for at least three (3) years and ninety period If any litigation, chum, or audit involving these records be before he stipulated time period expires, the contractor will keep the records and documents for not less than three (3) years and mictY(90) days after the termmahon ofthe ixnttact period and until all httpdon, claims or audit fin dings are ved The res ;ass >s considered resolved when a firm order is issued In litigation or a written agreement is signed by, oland the .entraetor. Extensions are considered as separate contract periods. 1. The contractor and its subcontractors will allow TDHS and USDA officials and other appropriate officials ateramned by TDHS to Inspect Wilities and records and to audit, mtamme, and copy records at any reasonable time This rcludes access to all records of coats paid, even In part, by T DHS Page 2 Rev 2/98 rv. 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 United States Department of Agriculture (7 CFR, Parts 15, 15a and 15b) Department of Justice (28 CFR, Parts 42 and 50) and USDA and TDHS directives or regulations issued pursuant to that Act or the regulations, Section 504, FNS of the 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 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 Admmisoratrye Code These provide in part that no persons in the United States shall, on the grounds of race, color, national crngm, sex, age, disabihty, political beliefs or religion be excluded from participation m, or denied, any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination under any program or activity for which the contractor receives federal financial assistance from TDHS and USDA. and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement 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 or interest in such 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 winch is reduced for the purpose of asatspng the recipient, or in recognition of the public interest to be sawed by such sale, lease or furniahmg of services to the rempient, or any improvement made with federal financial assistancemitendedtotheeooftactor by TDHS. This includes any federal agreement, ariangemmt, or other contract which has as one of its purposes the provision of assistance such as food, cash assistance forthe purchase of food, rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The contractor agrees to compile data, maintam records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDHS, USDA, and FCS (Food andCorsumer Service) 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 FCS has the right to seek judicial enforcement of this assurance. This assurance is bending 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 wbosesignattae appears on this oonnact is authorized to sign this assurance on behalf of the Contractor Page 3 Rev 2/98 CIVIL RIGHTS POLICY COMPLIANCE (Continued) D A religious or charitable organization is eligible to be a contractor on the same basis as any other 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 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 fiends provided under the contract, then only the financial assistance provided by these Rinds will be subject to audit. However, neither TDHS's selection of a charitable or faith -based contractor of services nor the expenditure of Rinds 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. Instruction, 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 finds under this contract a an endorsement of the provider's charitable or religious character, practical, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may obtain this service from a different service provider If you behave that your rights have been violated, please discuss the complaint with this contractor or notify the local TDHS Special Nutrition Programs Office Section 104 of the Personal Responsibility and Work Opportunity Act of 19%, 42 U S.C. 4 604a, sets forth certain additional rights and responarbihties for charitable and faith -based providers of services, certain additional rights of assisted individuals, and certain additional responsibilities of TDHS to these service providers and assisted Individuals. This contract is subject to those additional rights and responsibilities TDHS CLAIM PAYMENT TDHS will, aubjed to the federal appropriation and availability to TDHS of suffiesont Rinds for the SFSP, make program payments to the contractor in accordance with the terms of this contract. No reimbursement shall be made for performance under this contract occurring prior to (a) the beginning effective date ofthis contract or a later data established byMHS based on the date of receipt of a folly exacted copy of this contract Page 4 Rev 2/98 W CERTIFICATIONS A. Immigration Reform and Control Act of 1986 - 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 B RegardmgiDebarment, Suspension, hieligibility, or Voluntary Exclusion For Covered Contracts - The contractor catifies, by execution of this agreament, 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 cemfication the contractor agrees to the following terms 1. The above cadfication is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to otharemedies available to the federal government, the Department ofHealth and Human Services, United States Department of Agriculture or other federal department or agency, or the Taxes Department of Human Services may pursue available remedies, including suspension and/or debarment. 2 The coptiaotor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor learns that the catifitation was erroneous when submitted or has become erroneous by reason of changed circumstances 3. The words "covered contract." "debarred," "suspended," "rnehgible," "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 as defined in the attachment 4. The contractor agrees by submitting this certificaHonthat, should the proposed covered contract be entered into, it shall not knowingly enter jaw any subcontract with a person who is debarred, suspended, declared inehgible, or voluntarily excluded from participation in this covered tri msaction, unless authorized by the Department of Health and Human Semces, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Hunan Services, as applicable. 5 The contractor Anther agrees by submitting this certification that it will include TDHS Fora 2046 titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts and in solicitations for all covered subcontracts 6 A contractor may rely upon a certification of a subcontractor that 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 certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal Page 5 Rev 2/98 CERTIFICATIONS (Continued) 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 ofthese 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. C 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 510,000 and not more than $100,000 for each such failure The contractor certifies, to the best of his or her knowledge or beha& that 1 NO federally appropriated funds have bew paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a memberof Congress, an officer or employee of Congress, or an employee of a member of Congress in comiection 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 extaoaion, c ommuation, renewal, amendment, or modification ofany federal contract, grant, Joan, or cooperative agreement 2. Many funds other then federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer 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," m accordance with its instructions. 3 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. 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 m prosecution under applicable state and federal statutes Page 6 Rev 2/98 0 EFFECTIVE DATE AND SIGNATURES For the faithful performance of the terms of this contract, the parties hereto in their capacities stated, affix their signatures and bind themselves City of Denton Name of Contracting Organization (Please Print or Type, Michael W. Jez Name of the Authorized Representative of the contracting organisation (Please Print or Type) _ City ManaePr Title of the Authorized Representative of the contracting organization Please print or type, m the spaces provided above, the name and title of the authorized representative signing this agreement on behalf of the cogtrachag orgamMom Effective Dates. through. By- Date, TDRS Representative Page 7 Rev 2/98 Twos Deparonent Form 4S08 of Mumw Services March 1999 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY s(are) deal noted as an Authorized Representative of City of Denton GNU 321 E. McKinney Denton, Texas 76201 The reproseMative(s) de written scroements with Michael W. Jez DELETED AUTHORIZED REP Authorized i Reprosentatives, it Authorized iReoresentatve, list Ted Benevides FOR DHS USE ONLY above, an* myself, are authorized on behalf of the contracting organization to make a Department of Human Services to operate a food program, to sign documents or to orosent claims for reimbursement, when appropriate, to the department. kWES: A contracting organization may not have more than throe (3) the Official of the Contracting Agency. if you are replacing or deleting an t(s) of the Individual(s) to be removed as Authorized Reprosentative(s) below