2015-084\\codad\departments\legal\our documents\ordinances\15\parks summer food service.docx
ORDINANCE NO. 2� 15-�g4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE DENTON 1NDEPENDENT SCHOOL
DISTRICT FOR THE 2015 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE
EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton and the Denton Independent School District mutually agree
to provide meals for eligible individuals; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTImONmmmlm. 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 2015 Summer Food
Service Program and to handle all fiscal and administrative matters relating to the program.
SECTION 2. The expenditure of funds necessary to administer the 2015 Suminer Food
Service Program is hereby authorized.
SECTION_ 3,, This ordinance shall become effective immediately upon its passage and
approval.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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,��'1'[��:)VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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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 interlocal 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 Independent School District agrees to supply unitized meals inclusive of milk and juice
to the City of DentonmParks and Recreat�c�n 1�c,�°���rtment. The Cit of Denton Parks and
Recreation Department will pick up meals at designated food prepaxation site and package
coolers with meals and deliver to approved SFSP sites.
Breakfast. . , . . . $ 0.00 each
Lunches.......$ 2.50 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, 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 ineals 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 be retained beyond the required time period
until all issues are resolved in accordance with the Summer Food Service Program Agreement
between The Citv of Denton and Texas De�artment of ��•�c��:i�ir���'�-Food & Nutrition Division�.
IV. Compliance With Immi�ration 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
verification forms for any individuals hired after November 6, 1986 who will perform labor or
services under this contract.
V. Audit
The Denton 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. Energv Efficiencv
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 E�J•��a�;�� 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.
VIIL Compliance With Labor Re�ulations
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 inechanics 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 11/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 Emplovment Opportunitv
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 (41 CFR, Part 60).
X. Compliance With Laws
The Denton Independent School District agrees to comply with all other applicable laws,
including without limitation, any additional applicable Federal Laws or regulations contained in
the Summer Food Pro rg am A�reement between the City of Denton and the Texas Department of
�a���.�al��rr�, Ft������& Nutrition Divi:�i���.
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 Wfor all meals ordered on
daily basis at the rate agreed upon in this contract.
XIIL Term
The agreement shall be effective as of June 8, 2015 and shall have the same term as the Summer
Food Program Agreement between the City of Denton and the Texas Department of Agriculture-
Food & Nutrition Division. 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:
Agreed to this datew .........� _�_�, ��� Agreed to this date .� ����
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Sponsor ���� �c�.��' � °�"';��� � °��. _ � "� �����.m.�.�.�� DISD Sponsor .., �: ��""��_��� ' ���'� e� ,�"�� .�,,
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Title: Cit_y Mana�er ,�mmmm __ __ __ Titleq m_IT School Board President
The location of the food preparation site will be:
Denton High School
1007 Fulton
Denton, Texas 76201
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,,.�� �,�"._ ��;�....��� �"��'� w
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