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~