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1998-097DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE ,1998 SUMMER FOOD SERVICE PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas will submit an appbcat~on for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of making meals avmlable to ehg~ble ebaldren at the C~ty's Summer Actaon Stte programs, and WHEREAS, pursuant to the grant, ff received, the C~ty will contract w~th the Denton Independent School District to provide the meals at the various sttes, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS _SL~_G_T. LQ_hI~ That the C~ty Manager ~s hereby anthonzed to execute, on behalf of the C~ty, an apphcat~on for funding under the National School Lunch Act, and ff funded, the Summer Food Ser- vice Program Agreement with the Texas Department of Human Services, a copy of wbach ~s attached hereto and meorporatexl by reference hereto, along w~th any other documents and certaficates necessary to obt~un such funding ~ That the City Manager as hereby authonzed to execute a contract with the Denton Independent School D~stnct, substantaally m the form of the contract wluch ~s attached to and made a part of th~s ordinance for all purposes, to prowde meals for ehgable ~ndiwduals at the various s~tes, and such other documents and certaficat~ons as are necessary to carry out the 1998 Food Serwce Program, and to handle all fiscal and admunstrat~ve matters relating to the apphcat~on and the program ~._~LT_.LO__.N_~ That the expenchture of funds necessary to administer the 1998 Summer Food Service Program ~s hereby anthonzed ~ That tbas ordmanee shall become effective ~mmediately upon ~ts passage and approval PASSED AND APPROVED th, sthe q~'g dayof ~/~/gJ"'/~ ,1998 Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY AP pR~ED'As~TOT'T-'- ~1 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 ~s made and entered ~nto by and between the Denton Indenendent School D~stnct and the .~[ltY._O.f,D_ga[~ both of whom are local governmental enUties authorized to enter rote mteflocal agreements under Chapter 791 of the Texas Government Code (Vernon 1994) Whereas, the mterlocal agreement contemplates the performance of functaon or services that each party to thas contract ~s authorized to perform ~nd~wdually Whereas, that the C~ty of Denton la making payment under th~s agreement wbaeh ~t ~s funding from payments fxorn current revenue, whereas, the payments prowded by the C~ty of Denton are ~n an amount that fairly compensates the Denton Independent School D~stnet for the services that it ~s perfonmng W~tnesseth I prowsmn of Meals Denton Indenendent School D~stnct agrees to supply umt~zed meals melus~ve of milk and jmce to the CaW of D~ntan Parks and Recreation Denartment, at the MLK Recreation Center, Phoemx Park, Dema Park, C~wc Center Park, Owsley Neighborhood, TWU Playhouse Program, Village East Apartments, Fred Moore Learmng Center, Pavera Elementary Summer School, and Evers Elementary Summer School, w~th and for the rates herein hsted Breakfasts $ 0.00 each Lunches $ 1.55 each Snacks $ 0.00 each Supper $ 0,Q0 each II Menu Records It ts further agreed that the Denton Indo~endent School D~stnct, pursuant to the provisions of the Summer Food Service Program Regulations, a copy of wbach is attached as Exh~bat "A" and is part oftbas agreement, will assure that said meals meet the m~mmum reqmrements as to nutnuve value and content as outlined an the U S D A's Sponsor Meal Preparation Handbook, and wall mmntmn full and accurate recordings of such, mcludlng the following 1 Menu Records, including mount of food prepared 2 Meals, including daffy number of meals dehvered by type III Retention of Records These records must be reported to the mstatutaon promptly at the end of each week Denton Indenendent School D~stnct agrees also to retain records reqmred under the preceding clause for a period of three years and 90 days after the end of the contract period If and~ts, clmms or htagatlon have not been resolved, all records must be rettuned beyond the reqmred tame period until all assues are resolved in accordance with the Summer Food Servace Program Agreement between Tlae Catv 0fDenton and The Texas Denartment of Human Services IV Comnhanee With Immagrataon Laws The Denton Indeoendent School Dastnct agrees to comply wath the reqmrements of the Imrmgrataon Reform Control Act of 1986 regarding employment verlficataon and retentlun of verification forms for any inchvlduals bared after November 6, 1986 who wall perform labor or sennces under tbas contract V Audit The D~nton Indenendent School District agrees to allow for proposes of audat, exammataon, excerpt, and transcnptaon, the USDA, the Comptroller of the Umted 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 The Denton Independent School District agrees to comply with the required mandatory standards and policies concermng energy efficiency contained m 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 Indeoendent School District agrees that except for small purchase contracts, it will comply with and enforce provlsmns that allow for administrative, contractual, or legal remeches if contractors violate or breach contract terms, and any appropriate sanctions and penalties VIII Qomphance With Labor Remalatlons The Denton Indenendent School Dlstnct agrees to be m 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 flus Act, contractors must compute the wages of mechames and laborers on the basis oft 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 ~ times the basic pay rate for overtime hours worked These reqmrements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation IX l~eual Rmnlovment Onnortumtv The D0taton Indenendent School D~stnct agrees to comply with Executive Order 11246 entitled "Equal Employment Opportumty" as mended by Executive Order 11375 and as supplemented in Depa~ht~ent of Labor regulations (41 CFR, Part 60) The Denton Indenendent School District agrees to comply with all other applicable laws, mcluding without limitation, any edchttonal apphcable Federal Laws or regulations contained in the Stmn~ Food Pro.am A~eement between the City of Denton and the T0~as Denartment of Human ~ervlces. If the De~on lndenendent School D~smc~ fails to prowde servuces m accordance vath the prov~mons of tb~s contract, the City of Denton may, upon wntten notice of default io the contractor, immediately ternunate the whole or any part of this conlract The ~ a~rees to pay D~ton Independent School District for all meals ordered on a dmly barns at the rate al~reed upon m tins contract The agr~ment shall be effective as of~ 1. 199~ and ~h~ll have the same t~m as the S~!mmer Food Pmllram Allrooment between the City of Denton and the Texas Dep~u~tmant of Human Serwces It m~y be tm~flnated by no~ce m wntm~ g~ven by any party hereto to the other part~es at least 30 days lmor to the date of temummen XIV Venue Th~s agreement shall be interpreted m accordance voth the laws of the State of Texas Any ht~gat~on filed w~th regard to flus contrac~ shall be tned m a court of competent.lunsdict~on set~mg m Denton County, Texas ~'~ WITNESS WHEREOF, the pames hereto have executed flus agreement as of the dates mchcated below Agreed to this dato 'Z~/"7/~~y Agreed to this date Sponsor Offic,al ~1 Spons~ Title City Manager Title DISD School Board President SUMMER FOOD SERVICE PROGRAM AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS The Texas,Department of Human Serwces, hereinafter referred to as TDHS, cal City o~ Denton, Texas, A Texas }/untc±pal Corporation Name of Oi/~zauon at 215 E HcKinney Denton, Texas 76201 hereinafter referred to as the contractor, do hereby make and enter into this contract, as reqmred by the NaUomd S0hool Lunch Aa (Section 13) and the Summer Food Service Pro.un, hereafter referred to as the SFSP, Fed~ Regifla~ons (7 Code of Federal Reg~a~ons [CFR], Pa~ 225) MUTUAL AGREEMENTS The Parties mutually agree A If ithe contractor fails to pre,ode servmes m accordance with the provisions of this contract, the Depamnent may, upon written nolice of default to the contractor, munediately terminate the whole or any part of flus contract and refuse to pay clanns for reunbursement Such termination and/or rafusal to pay cln,m~ for r~mburaement ~hsl! not be exclusive ~r. medy but shall be m ad&tion to any other nghts and remedies provided by law under flus contract B Inl f~teral and state laws or other requuements are amended or judicially interpreted so that the oontml~d fulfillment of flus oolltraot, or the part of e~ther party, is substantially unreasonable or unpcas~le, or if the parties are unable to agree upon any amendment which would therefor be needed to enable the substantial contmuahon of the senaces contemplated by flus contract, then tho pames shall be &scharged from any further obhgations created under the t=m~ of flus contract, except for tha eqmtable settlement of the respe~ve accrued mterest or obligations, including audit findings, moirrad up to the date of termmsuon. C Tlus contract may be canceled by mutual consent However, if such mutual consent cannot be attamed, then and m that event, either party to flus contract may be consider it to be cancelled vathout cause by giving (30) days notice m writing to the other party and this contract shall be thereupon be canceled upon the ~mition of such (30) day panod Nothing m this paragraph shall be consmied to prehibit unmedtate cancelation pursuant to above paragraphs A and/or B Rev 2/98 lie CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A The contractor will comply vath the SFSP Federal Regulations (7 CFR, Part 225, as amended), Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), and state policies and procedures as Issued and amended by TDHS The contractor further a~rees to perform as described m its application (including supporting documents and approved amendments to the application) for participation m the SFSP B The contractor accepts final administrative and financial responsibility for food service operations at each site sponsored by the contractor This responsibility includes the performance of the conditions of settlement of any audit exceptions or payment deficiency m the program and the collection and repayment of any amount paid m excess of the proper claun amount which are found afier momtormg or auditing by TDHS orthe Umted States Department ofA~rlculture (USDA) responsibility applies to this contract, and all subcontracts hereunder This C The contractor will apply to TDHS for approval of changes to its onsmal application and for prior authorization for field trips if meals served on the field raps will be claimed for rmmbursernent Requests for changes and field trip suthonzation must be recmved by TDHS at least five (5) calendar days before the requested effective date for the change for the field trip Contractors will notify TDHS within five (5) days of the temunatlon of an approved food service site SFSP RECORD KEEPING A The contractor will keep fmancml and supporting documents, statistical records, and any other records pertaln!n~q to the services for which a chum is submitted Tho records and documents will be kept for at least three (3) years and ninety (90) days after the t~,,..,,m*~on of the contract ponod If any htl$,at~on, clann, or audit revolving these records be,~_ r~ before the stipulated time period expires, the contractor will keep the records and documents for not less than three (3) years and ninety (90) days after the termination of the contract penod and until all htisation, claims or audit t'mdmgs are resolved. The case is considered resolved when a final order is issued m htlBauon or a written asreement is mlgled by TDHS and the contractor Extensions are considered as separate contract periods B The contractor and its subcontractors vail allow TDHS and USDA officials and other appropnate officials deterrmned by TDHS to respect facditles and records and to audit, examine, and copy records at any reasonable tune This mchides access to all records of costs paid, even m part, by TDHS Seho~ls - Page 2 CIVIL RIGHTS POLICY COMPLIANCE A The contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 881352), and all requirements imposed by the regulations of the Umted States Department of Agriculture (7 CFR, Parts 15, 15a and 15b) Department of Justice (28 CFR, Pans 42 and 50) and USDA and TDHS directives or regulations issued pursuant to that Act or the regulations, Section 504, FNS oft he 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 Pan 15a), the Age Dlscrmunation 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 a~ees to comply with Title 40, Chapter 73, of the Texas Admimstrative Code These provide m part that no persons m the Umted States shall, on the grounds of race, color, national on.n, sex, age, d~sabfllty, pohucal beliefs or reh~on be excluded from participation m. or demed, any aid, care, service or other benefits provided by federal and/or slate funding, or otherwise be subjected to disenmmatlon under any pro.am or activity for wluch the contractor receives federal financial assistance from TDHS and USDA and hereby ~lves assurance that ~t will immediately take any measures necessary to effectuate this agreemant 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 ~ves assurance that it will immediately take any measures necessary to effectuate this agreement B This assurance is ~ven m conslderatwn of and for the purpose of obtaining any and all federal financial assistance, ~rants and loans of federal fimds, reunbursable expenditures, grant or donation of federal property or interest m such property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest m such property or the funuslung of ~ervices without consideration or at a nominal consideration, or at a consideration wiuch is reduced for the purpose of asmtmg the recipient, or m recognition of the public interest to be served by such sale, lease or fumlshu~ of services to the recipiem, or any improvement made with federal f'mancial assistance extended to the contractor by TDHS This includes any federal agreement, arrangemant, or other contract wiuch has as one of its purposes the pwwsion of asslslance such as food, cash assistance for the purchase of food, rental of food semce equipment or any other financial assistance extended m reliance on the representation and agreements made in flus assurallce C The contractor agrees to compile data, maintain records, and subnut reports as reqmred, to pemut effective enforcement of the above Acts and permit authorized 'rDHS, USDA, and FCS (Food and Consumer Senace) personnel dunng normal working hours to review such records, books, and accounts as needed to escertam compliance with the above Acts If there are any violations of flus assurance, TDHS, USDA, and FCS has the nght to seekjuchc~al enforcement of flus assurance Ths vCe is binding on the Contractor, its successors, transferees, and assignees as long as it assistance or retains possession of any assistance from the department The person whose s~sture appears on this contract is anthonzed to sign flus assurance on behalf of the Contractor Schools - P~ge 3 Rev 2/98 Ve TDHS CLAIMS PAYMENT TDHS vail, subject to the federal appropriation and availability to TDHS of sufficient funds for the SFSP, make pr°gram payments to tbe contractor m aecordance vath the terms of flus contract No rennbursemea! shall be made for performance under this contract occurring pnor to (a) the beglmung effective date of this c~nnttr~mcctt or (b) a later date established by TDHS based on the date of receipt of a fully executed copy of flus Vie CERTIFICATIONS A, Imml~ation Reform and Control Act of 1986 - The con.actor a~recs to comply vath the requu'emants of the Immigration Reform and Control Act of 1986 regerdmg ~aploymeat venficatl°n and retention of verification forms for any md~viduals hu.ed after November 6, 1986, who vail perform any labor or ser,aces under flus contract Regerdmg Debarment, Suspension, Inehgthflity, or Voluntary Exclusion For Covered Contracts - The contractor certifies, by execution of this agreement, that neither it nor its pnnclpals is presently debarred, suspended, proposed for debarment, declared mehg~ble, or voluntarily excluded from participating m this contract by any federal department or agency or by the State of Texas BY making ttus certification the contractor agrees to the following terms 1 The above certification is a material representation of fact upon which reliance wes placed when flus contract was entered into If it ~s later determined that the contractor knowingly rendered an erroneous certification, m addition to other remedies available to the federal government, the Department of Health and Human Semce~, Umted States Depertment of A~ncultore or other federal department or agency, or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment 2 The contractor shall provide Immediate wrlt'tea notice to the person to which flus cemficat~on ~s subnmted ~ at any tune the contractor learns that the cert~catmn wes erroneous when subnutted or has become erroneous by reason of changed c~rcum*tances 3 The words "covered contract,~ "dsharred," "suspended," "mehg~ble," "participant," "po~on," "principal," "proposal," and "voluntarily excluded," as used m tlus certification have meanings based upon materials m the Defimtions and Coverage sections of federal rules implementing Executive Order 12549 Usage is as defined in the attachment 4 The contractor agees by subnuttmg flus cemficataon that, should the proposed covered contract be entered into, it shall not lmowmgly enter into any subcontract vath a pe~on who is debarred, suspended, declared mehg~ble, or voluntarily excluded from participat~on in flus covered lransa~on, unless *.!honzed by the Deparanent of Health and Human Senoces, Umted States Depamnent of Agriculture or other federal department or ageacy, and/or the Texas Department of Human Ser~ces, as apphcable Schools - Page 4 CERTIFICATIONS (Continued) $ The contractor further agrees by submitting this certification that it will include TDHS Form 2046 t~tled "Certification Regarding Debarment, Suspenslun, Inehg~blhty, and Voluntary Excluswn for Covered Contracts" without modlficatwn, m all covered subcontracts and tn sohcttatwns for all covered subcontracts 6 A contractor may rely upon a certification of a subcontractor that ts not debarred, suspended, mehg~ble, or voluntarily excluded from the covered contract, unless ~t knows that the certification ts erronecus A contractor must, at a rmmmum, obtain certifications from its covered subcontractors upon each subcontract's lmtlatlon and upon each renewal 7 NotMng contained m all the foregoing shall be construed to require establishment of a system of records tn order to render In good faith the certification reqmred by this certification document The knowledge and mformatwn of a contractor is not required to exceed that wluch is normally possessed by a prudent person m the ordinary come of business dealings 8 Except for contracts anthonzed under paragraph 4 of these terms, if a contractor m a covered contract knowingly enters rotc a covered subcontract with a person who Is suspended, debarred, mehg~ble, or voluntarily excluded from partwlpatlon m tbs transaction, m adchtwn to other remedies available to the federal government, Department of Health and Human Serwces, Umted States Department of Agriculture, or other federal department or agency, as apphcable, and/or the Texas Department of Human Serwo~ may pursue available remedies, including suspension and/or debarment C Regardmg Federal Lobbying - Tins certlficatwn apphes only to tMs contract and ts a material representatwn of fact upon which rehance was placed when th~s transaction was made or entered into Submtsswn of th~s cortlfioatlon la a prerequisite for making or entenng rotc tbas trausactwn maposed by section 1352, Title 31, U S Code Any person who falls to file the reqmred 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 oflus or her knowledge or belief, that I No federally appropriated funds have been paid or vall be pald, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of~ongress m connection vath the awarding of any federal contract, the malang ofeny federal grant, the making ofeny federal loan, the entering rotc of any cooperative agreement, or the extension, contmuatwn, renewal, amendment, or medaficatlon of any federal contract, grant, loan, or cooperative agreement 2 If any funds other than federally appwpnated funds have been paid or will be paid to any person for influencing or attamptmg to influence an officer employee of any asency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress m connection vath thru 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 Schools - Page 5 Rev 2/98 3 The contractor shall require that the language of this cartlficatlon be included In the award for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under~s, lo~s, and c°°peratlve agreements) and that all covered subreciptents shall certify and disclose accordingly The contractor cortlfies that all information submitted pursuant to th~s agreement IS true and correct The contractor understands that the deliberate misrepresentation or withholding of mformatmn m a v~olat~on of this contract and may result in prosecutwn under applicable state and federal statutes. VII. EFFECTIVE DATE AND SIGNATURES For the faithful perform~ace of the terms of this contract, the parties hereto m their capacmes stated, affix their signatures and bind themselves City of Denton Name of the Contracting Orgamzat~on (Please Pnnt ?r Type) ~ On~n~! slsnatu~ of the Authonzed -~ Representative of the contracting orgamzation Ted Benavides Name of the Authonzed Representative of the contracting organ,-_~tlon (Please Print or Type) City Manager Title of the Authorized Representative of the contracting or~mizat~on Please print or type, m the spaces provided above, the name and title of the authorized representative sigmng this agreemen~ on b~half of the contracting organ,~ahon By Date Schools. Page 6 CERTIFICAT; OF AUTHORITY Thle II to ~e~ffy that Fletcher f Children's Programs Supervisor I~ de*ignited # the a~ho~ ~pr~t~ ~ City of Denton ' 321 E. ~[tnney Denton, TX 76201 Ted Bena~tdes City ~nager FOR DEPARTMENT OF HUMAN 8ERVIG'E8 USE ONLY: Tx. CEFITII=ICATE 01: AUTHORITY Thle le to cerllfy that Ted Be~av~des Ci~ Manager ~ 18 deelgneted es the 8~ho~ repr~ntet~e of ~ m for Nl~mmnt, ~ ~e, ~ h ~ Ted Benavides J Cit~ Manager J FOR DEPARTMENT OF HUMAN SERVICE8 USE ONLY: APPLI~I'ION FOI~ PAFrI101PAllON City of Denton. 17560005146015 349-8125 ..(940) 349-8~15 321 ~-. NcK:Lnney Denton, TX 76201 tlicole Fletcher ~~,~~ ........ :. ....... :.:: ............................... ;. ................... ~ ...... :..~'~, C.~~ ~~~~ ............................................................ h~~...~m,~ ..................................................... O~ ~ ~ ~~~~, ...................................................... 6,594 3,161 597 0oo ~00 ~00 60O Dru Tests ~bile Phone 100 TOTAL ~1: 42,091 'I'OT~,L Il 748 $ $ Prosram Supe~tso~ 1 ~ ~ C~d ~ t mont or si e Coordinator o. ~, ~.~ m,.~.,~-~ ~,,~ ................................................................................ ,~,.~~~ ....................... .; ....... ... ....................................................... OY- D~ ~l.~~d~~ ~une I, !998 ~u~at 7, 1998 ~J~ ~_.~ ~ ~ ....... ~~.~,~ ............ ,........~~...,h'.,~,~'~. ~ t0 I I I 5/21/98 Site 8upe~isors and mouito~ traluin8 on ~d Civil ~ .~~m~__~~~~~~m~ Denton Record Chronicle 5/18/98 City Cable Access Channel 5/18/98 KNTU 5/18/98 Narcus Cable 5/18/~8 ............. ~--~~~~~~- ~__-,~~~1~ k ~flfll. nlm4T~ ~'T OP I~ ' 40 30 10 ~-~bh°~sV 10 10 10  ~ 20 ~ 60 20 20 10 20 Villaae East Apartments 2~ 10 Evers I Ele~entarT Sq~ool Ohsm~ag~o~, qf uetahborh°oda ...... ' { ~~~ _~ .............. · ............ · ........ ....................... S.F..P. information wi m- t ~ Children' s Program8 Supervisor ............... ..... .... ,-..,......,..,.,..~;~_-':: . , .--..-----,....-....G3~. r'lN. -',.'4 '"'~'" ...... ...~uv. E:]No · Cit o a= d- ~h~e,~aV,'a_.~ompliance yith idelines set b the EEOC, ADA, and the C 'ese posters ..................................................... ~%# k ~.--...~ m~,nEsmsm ........... ~1,~1 Ye8 I"'~ No ~'~~ ~m~ The visually or hearing impaired ar'~'notified through nd television advertisement. Also flyers, announcements, etc. are ~lled. ............................. ~ ~ IfylS, 13qoBIhl: If not handled within ~:he denartment in aue~t~LonI the CitZ ~enerally channels all comnlaints through the Legal Deoartment. SUMM~R FC)O~} SERVIC~ pIIIOONAJ,~ FOR CHII.DRRN CRIMINAl. PROVISIONS AND PENAl. TIES ~. Whnever0 In ~nne~'~lan with any spplinstion, pn~urement. ~rd keeping entry, claim for relrn~umement, or other document or stamment ma~ In conne~on wtth the program, knowingly and willfully fl~lfle~, =on~le or covers up by any trick ~heme, or device e mst~flal fact~ or ~ any false, fi=Otious or fl-au;iulent atstemants or whoever in connection with the progrsm knowingly makes en opportun ty for any!person to defraud the United Steles or does or omits to do any .~'ct w. ith In?ant to en .n~?e a.n.y person to d~rsud the United S+nt~s, al'mil be fined not more than $10,000 or impnssnec not more men TIV~ years 2 Whhever being a parther, offloer, director, or man~illng agent connected In anY oePanitY with any Partner- &hip, association, cooperation, business, or o~gantzatlon, either public or private, em~oe~=zles, misapplies, st~a~, or obtains by fraud, false ~totement or forgery, any benefits provided by the program, or any money, fun~, a~et~, or property derived fll~m benefits provided by th~ program, &halt be fines net more then $I 0,000 or In~rt*oned for not more than five Years Or bct~ If the benefits, money, funds, ~ or property InvQived I~. not over S200, then the penllty abaft be e fine of not mute then $1,000 or Infringement for nctlmcm t~an one ye~, or b0t~. 3. tf two or more per,one ~ns;)lre or collude to I=~ompil&h ~ny a, ct made unlawful under th~ aub~ectJon, endi one or more ~uoh peroon ~mmlt any act to effect the object of conspiracy or collusion, each abaft be fined not more than $10,000 or irn~;~,~ned for not more then five years, or both. TERMINATION PROCEDURES The foTIowlnil list of deficiencies ere g'mund~ for terrnln~Jon. (2round~ for torminatien, however, ~e not limited to this' list: 1 Non-compliance with sppll=~:)le bid prooeduros end contract requirements of Federal Child Nutrition regulations 2 The submission of false inforn~stion to the Texas Department of Human Services (OHS) 3 Program violstlcr,.s et a significant propo~on of the sponsors' alte~. Such violations include but are not limited to the following. A Non-compliance with the meal service time rsa~ctlon& B, Failure to maintain a=~fl'ate ra=ord~. C Failures to adjust meal orders to ~onform to the veristJone in the number of pe~clpeting ohlldrsm D The 81mult, aneou$ service of mors than one meal to any child. E Service of e ajgnlflsant nun~er of rnsals which dc not include required cluantltico of eli msal compenen~ F. The clalmtnil of program payments for meals not ~erved to pa~clpating children G. Excessive instances of off.site MI consumption. H Continued use of food service management compenie~ that are in vJelstJon of health code~ Te~m De~m~en! d y~Jmm.~e~m~ SPECIAl. NUTRITION PROGRAMS SINGLE AUDIT IDE~IFICATION DATA (For Contra=t Year ~) of Der ton Nicole Fletcher 321 E. Denton, TX 76201 ( 940 ) ,49-8125 17560005146013 09/30/98 ForPmflt Non-Profit O~emmen~l Ch~k ~e app~dl~ ~{el) to I~1~ ~e ~(8) of p~R.. ~ whloh ~u curren..~ r., _ ,~e~e or for which lvu ur..ppuys~ ~ O - ~m~ ~ ~ DH - ~H -~m~~ ~SF-~ F~ ~- 061-1002 ~ ~e ~me .~ .~nt of .~ f~eml ~ ~ your asen~ ex~n~ o~er than from ~h~ r'-~mm8 ~!~ ~ve See attached mNG~ A~ ~O~ ~ I ~ ~ ~ ~ ~ ~e Sl~e ~ ~,~ ~ ~s) ~1 .m · fo~ org.n~ ~ I e~ ~ ~n ~.~ annually in N/cole Fletcher HISTOPJCAU.Y UNDERUTg. izi;D 9US{~_~_$ (HUB] SUBCO~ CE~CA~ON The Texas Deqa~ment of ~uman Se~ices (DHS) w~l] ma~e a good fa~h effo~ to e~ure ~ HUBs receive ~e~r respectwe s~re of the total value of all con.ac= it awards ea~ f,scal year w~ch bngi~ So,ember 1 and e~s Augu~ 31 Based on the 1994 Texas Dispa~ Study. a~ In aocorda~e w~h the Texas Ge~ral Sew~ces Commission {GSC] ~es, DHS has e~abhshad the following m~m~ HUB goals · Comm~[~ include equlpmen~ fur~mre, so. are, supplies, vehicles, food, fuel, cheml~ls, a~ lubr~can~ 12 6% · Heaw C~ I~1~ ~ay. ~e~. bridge, ~1, water, ;~er, a~ ~wer hne co--on 11 · B~lding Cons~no I~ludes r~de~l, ind~l, and o~r ~;~de~a] holding co.mc=on 26 · Spatial T~a C~ I~es plumbing, hea=ng, a~r cond~=o~, pa~nt~, ele~l, d~ wall, ~rpon~. floor ~yl~, roofing, s~ding, co~rete. ~va~on. and demo~n wo~ 57~ · ~of~s]~ Sewl~ i~]~e a;~e~e, englnee~ng, fl~al and accou~ sea,cas, medical sewices, and suway~ng 20 · O~ S~l;~ I~lude comp~r programming, co~uk~ng, legal, mainte~ a~ ~pair. a~ o~r m~scelianeo~ sewlces 33 GOOD FAITH EFFORT COMPUANCE. By Implement~ng the following procedures, a conb'~ctor shall be presumed to have made a good faith effort when subcontracting 1 To the extent consistent wrth prudent industry pract~oe, d~vide the contract work ~to the smallest reasonable lots 2 No,fy HUBs of the work the Contractor intends to subcontract The no,ce shall be in wri~ng The nct~ce shall include e description of the subcontracting opportum~Jes end Idanttfl/t~e Icoat~on to review contract specifications The not,ce shaII be prowdad to potential eubcont~actore pnor to subm=s~on of the contractor bid 3 The Contractor shell send such no,ce to et least frye HUB firms m the GSC master bidders I~st and HUB d~rectory that perform the type of work required If the G$C ma;tar b~ddars list and HUB directmy do not have at least five businesses, then the Contractor shell sand the required notice to HUBs on lists of mmomy and woman-owned businesses maintained by other government agencies o~ organizations If the Contractor uses sources cth~' than the GSC master bidders I~st end HUB d~rectory, the selected HUB subccrm'actor must become cen~fiad by GSC In accordance with GSC procedures 4 If a non-HUB subcontractor is selected through means other than compeatrva b~ddlng, or o HUB bid is the lowest price responswe bidder to a oompstmve bid. but not salectad, the Con~'actor will be required to document the salecaon procedures S Maint~ain records documenting HUB compliance for audit purposes Quarterly reports IdAY BE requmrad by the agency, end the contractor will be given oufr~ent notification if required to report When the contractor ~a a HUB, it may satisfy the good faith effort requirement by performing at least 25% of the contract work wr~h its employees as defined by the Internal Revenue Service {IRS) The HUB Corttractor may also be requ,red to report quarterly to the agency Please ~l~er the following questions 1 Are you a certif,ed HUB? [] Y~ ~ No I~ yes, pl~;e provide your GSC HUB Ce~on No 2 Do you p~n to ~d~ze a subcon~or, supplier, or mate~al provl~er for all or any potion of the contract? ~ Y~ ~ No ff Yas, d~be ~e ~co~ of work ~ subco~oris) wd] do 3 ~pmxt~t~ w~t Peri.age of ~ to~l co~ awa~ will be ~d? 0 ~ 4 ~pmxi~ w~t Perce~ge of ~e to~l con~ ~rd ~1 be ~n~ed to HUBs?~  e~Lo~ ~ ~e HUB su~ ~s ~h~ by DHS ~U~Y .~ ~ Bm,em ~UMMER FO00 8F. qYloE PROGRAM FOR CHILDREN 81TE INFORMA'IlOH ATTACH A ILAP WITH THE lITE 8EIWI~ AIIEA IOENTIFBD · . UI~ ~LL. cI~/fl~I# #IYKI by Ihi8 Id~: Denton t ,...y.,,,.,. i..,~ ..................................................................................................... OY- ,...y,.,,,..,,.~ ......................................................................................... m'f1~. I-I,. F. V~.{ k II~ W id {me ~d {~u~m4.{}l~$ msA~ t{~ lira liW4' .......................................... 100 Site Su ervisor 1 Su ervise and assist distribution o£ meals, monitor and m~tain meal temper, ature, site clean-up, and ~ ~ o~her duties as assi ned. r Server 1 ................................................................................ Census d~ta from TACAA F. Wh~ k Im pWaN~ d ~r~ ~d mdu~ m krl~ d~ .................................................. lOO 4. nd th. d,, p,,Udm, ~n p,wkx, y,m'aFm,l, (eFaP H,,dmd. Ch,pY ~) ...................................... , .... ~ 55 12 O0 p m. 1 O0 p/m/ ACLU OF VIRGINIA FAX 2 PaS~ (.~cludm~ coveO TO Jaclne FROM Bdl Cooper D,41~ FeI~¢~ 19. tel (aox) ~.ao22 Fa= (~o4) 64,~.27JJ &TTAQI4 ~ ,. Mo~T~.~m~, Census da~a from TAC~ ~Y~M~~ ~gY 9~ Denton h~ 30 12 O0 I ' A ~~~)~ ..................... Site Supervisor 1 Supervise and assist distribution of meals, monitor and maintain meal site and other duties as ass/ Site Helper/Server 1 Assist 11~ IWkln~m~MWdilm~l. mWIMiiw (lltl)HlntOi,~lmlWll) ACLU OF VIRGINIA FAX 2 ~# (m~ludm8 covet) F~OM Bd/ C~ F~ /9. /'~ (lOCi ~r-~02.~ ~'~ ~J 6~-JTJJ 0~d411 SO& ~ I ~ 81TE INFORMATION Rivera School 349-8125 Denton TX 76201 6/3/98 6/30/98 20 ATTACH A MAP WITH ~l~E 81TE ~EFIVI~ AFIEA IOENTII~D DISD Child Nutrl~ion Departmen~ Da~a 6 5 98 6 23 98 ~ 250 11'00 a.m 12 O0 p.m. Site ,ervisor 1 Supervise and assist distribution of meals, monitor and maintain meal temperature, site clean-up, and other duties as assigned. m { m mm{ ~mm mmmama ------ Denton Independent School District Child Nutrition Department Joyoe Robinson 1106 L,nden (94o) 3e~-zs46 D/rector Denton, TX 76201 Fax (940) 387.3402 Date February2~, 199S g. neollmm~f_ at l~avera F_.lementary School ~s 777 students Total Free ,.,a R.Muced ~s 461 wlaoh ~s 59% of total ~roltmcnt ~rl'E INFORblAI'I~N Fred Moore Center 349-8125 815 Cross Denton, TX ~76021 6/1/98 ~ 8/7/98 0 22 22 5 Censu~ ~ata from TAC~ m.M ~ 75 ~2:00 p.m 1:00 p.m. Site Supervisor 1 Supervise and assist distribut$on of meals, ~nitor and maintain meal tempeNature~ site clean-up~ and other duties as assi~ned. Site Hel~er/Server 1 Assist Su~e~isor TACAA ~12 I~ ~ ~. ~ 2~0 F~' 512~-2~ DMZ' Man~ ~$, Itt? T~' ~ Dar~ I mmmu ~ ~IMMER F~ ~ PR~R~ FOR ~REN ~ I~OR~ V~I~ (940) 349-8125 1700 ~asC ~ 22 22 5 A~A~ Denton ~oo ~~N~ ~~~ ..................................... h~ 50 12.00 u.m. 1 O0 p ~ ................................................ S4Ce ~ and maintain meal ~rature duties as ass~ Si~e erver ~ ACLU OF VIRGINIA FAX 2 pq~ (u~dudu~ cove) FROM Bdl C~ ii1 iii # IPYII' COIIFL~m film 14' 1s. & li. F NO. POm118 COllKIlm IXMPT pal CBniPiOATWN AT BOTTOM. m~mm~-_. ~ ~,~_ ........ Im~Nmmmi~_~mmmmm~ ................................... ~ r'iN, ACLU OF VIRGINIA FAX FROM. B*Ii Coop~' 3 ~ P~ec Ceaw il 81TH INFORblAIlON Owsle, (940) 349-8125 Stella Street Denton TX 762 6/1 22 22 5 LI~ ALL ~lJ~ ~1 I~f IN~ ~ll~ Denton .~~ .................................................................................................... ~v. Census data from TAC~ ~00 ~sm~.m~~~~ ............................................ ~y~~~ City of Dento~ o~ t~ 70 12 00 ~ m 1'00 o.m. Site Supervisor 1 Supervise and assist distribution of meals, monitor and maintain meal temperature, site clean-up, and other duties as assigned. Site Helper/Server 1 Assist )ervisor ACLU OF VIRGINIA FAX :2 pa~ (tndudum8 cover) FROM Bdl C~ DA~ Fe~ 19, 1~7 ~,Vor~ &xrA & ,~mo~d ~'A 2.t219 ret ~O~j , ,Ikld~dC 5 AI'rACN ~ laINllffID I m Census d~ta from TAC~ ~ 90 12'00 P~m 1:00 II '~1' CMliL~I! ITll114,11, & II. F N0, Imali l (:QiiLill iX~PT ilal CII111110A11Mi AT lOT/all. &.%~mmm, mmml~mmmmM ACLU OF VIRGINIA FAX TO ~ IVmfeld FROM Bdl Coop~ DAlE Febr~tary 19. 19~7 RE Demofl. ret ~'S04) ~o22 F,,,* ~o4) ~4~9.27jj 0 ,~ , ~.. O~m'Jl SM, m 0 ~g~ ~ 90 12 O0 p,~, ~.00 n.m. t. oo w., m~,, mim emro,, u,,dm' oM O) Ym ~r; ..................................................................... C}vm 10. ACLU OF VIRGINIA FAX 2 pa~es (mcludm~ covm') TO Jozk~e W~r~eld FI~OM Bdi Cooper DATE F~bfltary 19. 1997 Center ,{