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1992-088ALL0023A ORDINANCE NO O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS AND ADMINISTER THE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has submitted an appli- cation for funding, under the National School Lunch Act, to the Texas Department of Human Resources for the purpose of making meals available to eligible children at the City's Summer Action Site programs, and WHEREAS, the city will contract with the Denton Independent School District to provide the meals at the various sites, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON ~ That the city Manager is hereby authorized to execute, on behalf of the City, 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 SECTION II That the City Manager is hereby authorized to execute a contract with the Denton Independent School District to provide meals for eligible individuals at the various sites, and such cert~ficat~ons as are necessary to carry out the food service program, and to handle all fiscal and administrative matters relating to the application and the program ~ That the expenditure of funds necessary to administer the Summer Food Service Program is hereby authorized ~]~ That this ordinance shall take effect immediately from and after its passage PASSED AND APPROVED this the /~day of ~, 1992 ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY Page 2 SUMMER FOOD SERVICE PROGRAM AGREEMENT STAr~ Or r~x~s 0 COUNTY IOF TRAVIS § The Te~ Department of Human Services, hereinafter referred to as DHS, D~pal~tment of Huma~ S~v~ces Texas Received City of Denton Parks and Recreation Department APR 1 5 1992 Nutrltmon Asststantance Services FL Worth, Texas ~ear~ina .fle_~ .rafe?.ed to as tile contractor, ,o hereby make and enter rote hq/s contraa, as reqmred by the uonai ~cnool Lunch Act (tendon 13) and the Summer Food Service Proirem, hereafter referred to as the SNSP, Federal Regulations (7 Code of Federal Reguladoas [CFR], Pan 225) I. I MUTUAL AGREEMENTS The Partl~ mutually agree A. If he contractor fails to provide services in accordance with the prov~ious of this contract, the De ?artment may, upon written notice of default to the contractor, immediately terminate the wh )le or any part of this contract and refuse to pay claims for reinlbursemenL Such terminaUon an( ./or refusal to pay claims for reimbursement shall not be exclusive remedy but shall be in ad( it/on to any ogler rights and remedies provided by law or under fids contract. B If ~ edaral and sta~ laws or other requirements are amended or Jedicinlly interpreted so that the cot n~nt of this contract, on the part of either party, is substantially unreasonable or LulI ssm~.lf gte part/es a. re unable to a~ree upon any amendment which would therefore be n. snbstan,'. con,.nado, of the con.mpinted con. the. the ~aruea whall~oe discharged t~om any further oblliadoas created under the terms of this co~ tract, except for the equitable settlement of the respective accrued interest or obllgut/ous, inc] tldhi8 audit flndinis, incurred up to the date of termination. C. ThJ j contract may be canceled by mutual consent. However, if such mutual consent cannot be att~ ined, then and in that event, either party to this contract may coaskler it to be canceled without (:au ~e by 8JvLtlg thirty (30) days notice in writing to the other party and t?As contract shall tl~ nupon be canceled upon the (up/radon of such thirty (~0) day period Nothing in this pa~ ti~aph shall be construed to prohibit immedlata cancellation pursuant to above paragraphs A and ~or B II CON'IIe. ACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The contractor w~l comply wnh the SFSP Federal Re~ulauons (7 C~R, Pan 22~, as amended), Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), and state pohcles and procedures as issued and amended by DHS The contractor further agrees to perform as described in its application (mcluding supporting documents and approved amendments to the apphcauon) for parucipauon in the SFSP B The contractor accepts final admm~strauve and financutl responsthfiny for food servtce operations at each site sponsored by the contractor Tins responsl~dity includes the performance of the condmons of settlement of any audit exceptions or payment deficiency in the pro,ram and the collection and repayment of any amount paid in excess of the proper claim amount which are found after momtormg or auditing by DHS or the United States Departmen! of Agncufinre (USDA) Thru responslb&ty apphes to this contract, and all subcontracts hereunder C. The contractor wdl apply to DHS for approval of chai~ges to its original application and for prior authorlzauon for field trips if meals served on the field trips wdl be claimed for reimbursement. Requests for changes and field trip authorlzaUon must be received by DH$ at least five ($) calendar days before the re'quested effecUve date for the change or the field trip Contractors will nott~ DHS w~thxn five ($) days of the termination of an approved food service site III SFSP RECORD KEEPING A. The contractor will keep financual and supporting documents, statistical records, and any other records perteming to the services for which a claim is submitted The records and documents will be kept for at least three (3) years and ninety (90) days after the termination of the contract .~ period If any litigation claun or audit involving these records beams before the stipulated time period expires, the contractor wdl keep the records and documents for not loss than three (3) years and ninety (90) days after the termination of the contract period and until ali litigation, clauns or audit findings are resolved The case is considered resolved when a final order is issued m litigation or a written a~reement is si~ned by DHS and the conUactor Nxtensions are considered as separate contract periods B The contractor and its subcontractors will allow DHS and USDA officials and other approprmte ofi~sts determined by DHS to respect facilitie~ and records and to audit, examine, and copy records at any reasonable time This mciudes a~_*s to all records of costs paid, even m part, by DHS. * W CI~II~ RIGHTS POLICY COMPLIANCE A. The contractor agrees to comply with Title VI of the Ctvg Righ~ Act of 1964 (Public Law 88 352), and all requirements imposed by the regulations of the Department of Agriculture (7 ~ Parts 15, lSa and 15b) Department of Justice (28 CFR, Parts 42 and 50) and USDA and DHS directives or regulations issued pursuant to that Act or the regulaUons, Section 504 of the Rehabilitation Act of 1973 (Public Law 9~ 112), The Americans vath Disabilities Act of 1990 (Public Law 101 336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts In addition, the contractor agrees to comply w~th Title 40, Chapter 73, of the Texas Admimstratlve Code These provide in part that no persons m the Untied States shall, on the grounds of race, color, national origin, sex, age, disab~hty, pohtical beliefs or rehgzon be excluded fl'om purtlcipaaon in, or denied, any aid, care, servzce or other benefits prowded 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 DHS and USDA. and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. B The contractor agrees to comply vath Texas Revised C~il Statutes Article 4419b.4, Sections 5 03 and 5 04 (relating to workplace and confidenuahty gmdelmes regarding AIDS and HIV) C This assurance is g~ven in ~onslderation of and for the purpose of obtaining any and ali federal financial assistance, grants and loans of federal fund, reunbursable 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 m such property or the furmshmg of sarv~ces without consideration or at a nominal consideration, or at a consideration which ~s reduced for the purpose of assisting the recipient, or in recogumon of the public interest to be served by such sale, lease or furnishing of serwces to the rec~plent, or any unprovements made with federal financial assistance extended to the contractor by DHS This mcludes any federal agreement, arranRemen~, or other contract which has as one of its purposes the prov~smn of assistance such as food, cash assistance for the purchase of food, rental of food service equipment or any other flllancial assistance extended m reliance on the represenmuon and agreements made in th~s assurance D This assurance ~ bmding on the contractor, its succa~sors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from DHS or USDA. The person whose signature appears on thru contract is authorized to make this assurance on behaffof the contractor V DHS CLAIMS PAYMENT DHS vail, subject lo the, federal appropriation and availability to DHS of suffictent funds for the SFSP, make program peyments to the contractor in accordance with the terms of this contract. No reunbursement shall be ~uade for performance under this contract occurring prior to (a) the beginning effecuve date of this contract or (b) a later date established by DHS based on the date of receipt of a fully executed copx of t]ll~Dl3lr~g~,~ ~t¢~ '- Texa~ 11epartmml[ ~,, ,.---. Recewed APR 5 1992 Nutrttlon p, ssmtantance Services Ft Worth, Texas VI. CERTIFICATION The conuaaor a/tees to comply with the reqmrements of the Imml~'aUon Reform and Control Act of 198~ regarding employment verification and retention of venficauon forms for any individuals lured after November 6, 1985, who'wfll perform any labor or services under tim conuac~. The conuactor corUfles that all reformation submitted pursuant to this a/reement Is U~e and correcL The contractor understands ~at the deliberate m/srepresentation or withholdmi of reformation/s a v~olalion of th/s contract and may result m prosecuuon under applicable $~a~e and federal s~atutes VII EFFEt.-t'tVE DATE AND SIGNATUREs For the faithful performance of the terms of th~s contract, the pan/es hereto m their capac/ues stated, affb~ their s~/uatores and brad themselves City of Denton Parks and Recreation Dept Name of the Contractlnl Organf~don (Please print o~/o~) Lloyd Harrell Name Ctty Manager Title Please print or type, m the spaces provided above, the name and t/tie of the authorized representat/ve signing this agreement on behalf of the contracting organization. ~J~ec~Date~ June 8, 1992 tl~ou~b August 21, 1992 ~ Jan~ 1~