2009-079\\CODAD\Departments\Legal\Our Documents\Ordinances\09\Summer Food Service 2009.doc
ORDINANCE NO. 2&)4 --D 7
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 2009 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 1. 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 as Exhibit "A" and incorporated by reference herein, along with any other
documents and certificates necessary to obtain such funding.
SECTION 2. 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 2009 Summer Food
Service Program, if such program is funded per the terms set forth in Section 1 above, and to handle
all fiscal and administrative matters relating to the application and the program.
SECTION 3. The expenditure of funds necessary to administer the 2009 Summer Food
Service Program is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / day
Of-~~ 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: M I aj~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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TEXAS DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION DIVISION
PERMANENT AGREEMENT
7553006
County/District or Uniform Contract Number (UCN)
National School Lunch Program, School Breakfast Program,
Summer Food Service Program, Child and Adult Care Food Program and
Special Milk Program
City of Denton
The Texas Department of Agriculture, hereinafter referred to as TDA, and
hereinafter referred to as Contractor, do hereby make and enter into this Agreement (Agreement), as
required by the National School Lunch Act, the Child Nutrition Act, as amended, and the following
program regulations: the National School Lunch Program'(NSLP), 7 Code of Federal Regulations
(CFR) Part 210; the School Breakfast Program (SBP), 7 CFR 220; the Summer Food Service
Program (SFSP) 7 CFR Part 225; the Child and Adult Care Food Program (CACFP) 7 CFR Part
226 and the Special Milk Program (SMP), 7 CFR 215.
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DEFINITIONS
For purposes of this Agreement:
"Contractor" shall mean (1) a school food authority, which means the governing body which is
responsible for the administration of one or more schools and has the legal authority to operate the
Programs therein or be otherwise approved by the United States Department of Agriculture's
(USDA) Food and Nutrition Service (FNS); (2) an institution, which means a sponsoring
organization, child care center, at-risk after school care center, outside-school-hours care center,
emergency shelter or adult daycare center which enters into an agreement with TDA to assume
final administrative and financial responsibility for CACFP operations; or (3) a sponsor of the
Summer Food Service Program, which means a public or private. nonprofit school food authority, a
public or private nonprofit residential summer camp, a unit of local, municipal,-county or State
government, or a private nonprofit organization which develops a special summer or other vacation
program providing food` service similar to that made available to children during the school year
under the National School Lunch Program and School Breakfast Program and which is approved to
participate in the Program.
"School nutrition programs" shall mean all sdrvices provided under the authority of the National
School Lunch Program, and the School Breakfast Program.
All other terms in this Agreement have the same meaning as they are defined in the program
statutes and program regulations.
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II.
PROGRAM DESIGNATION
The above named Contractor applies for, and agrees to operate the Program(s) listed below, which
are indicated by an (X) in the applicable box(es). If Contractor decides to discontinue or begin
operating any of these programs after signing this Agreement, Contractor must provide TDA
advance written notice, including the proposed effective date of the change. Upon approval of the
request, TDA will, at TDA's option, enter into a new agreement with Contractor or amend this
Agreement. If TDA terminates Contractor from one or more of the programs Contractor is
operating, but allows Contractor to continue operating other programs, at TDA's option, Contractor
must enter into a new agreement with TDA to operate the remaining programs or amend this
Agreement to state which programs Contractor will continue to operate.
❑ National School Lunch Program
including:
❑ Afterschool Care Program
❑ Seamless Summer Option
❑ Frtsh Fruit and Vegetable Program
F1_ School Breakfast Program
x Summer Food Service Program
❑ Child and Adult Care Food Program
❑ Adult Day Care Centers
❑ Child Care Centers
❑ Day Care Homes
❑ Special Milk Program
in.
CONTRACT PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. Contractor will comply with all laws and regulations applicable to its designated program, as
well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7
CFR, Part 3015, as amended), Uniform Administrative Requirements For Grants and
Cooperative Agreements To State And Local Governments (7 CFR, Part 3016, as amended), as
applicable, Uniform Administrative Requirements For Grants and Agreements With Institutions
Of Higher Education, Hospitals, and Other Non-Profit Organizations (7 CFR, Part 3019, as
amended), as applicable, Audits of State, Local Governments, and Non-Profit Organizations (7
CFR Part 3052, as amended) and FNS instructions, policy memoranda, guidance and other
written directives interpreting the statutes and regulations applicable to the programs, and state
rules, regulations, policies and procedures as issued and amended by TDA and the other laws
described in the "Schedule of Applicable Laws," which is attached to this Contract as "Exhibit
H" and fully incorporated herein by reference.
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Contractor further agrees to perform as described in application documents, policy statements
and supporting documents, and approved amendments to the application or this Agreement for
participation in designated programs.
B. Contractor accepts final administrative and financial responsibility for management of a proper,
efficient and effective food service operation in each school, summer feeding site and child
and/or adult care facility operated or sponsored by Contractor. This responsibility includes any ,
audit exceptions or payment deficiency in the program covered by this Agreement, and all
subcontracts hereunder, which are found after monitoring or auditing by TDA or USDA and
Contractor will be responsible for the collections and payback of any amount paid in excess of
the proper claim amount.
C. If Contractor participates in the school nutrition programs, Contractor agrees that for each
participating: school under its jurisdiction, it will conduct the Programs in accordance with State
and Federal regulations, and specifically, will conform to the following requirements in the
conduct of each Program (unless the requirement is restricted to a particular program):
1. Maintain a nonprofit school food service and observe the limitations on the use of
nonprofit school food service revenues and the limitations on any competitive school food
service;
2. Use Program income only for Program purposes. Such income shall not be used to
purchase land, to acquire or construct buildings, or to make alterations of existing buildings.
Certain renovations may be allowable if prior written approval has been granted by the state
agency;
3. Maintain a financial management system as prescribed by state and federal laws and
regulations and comply with the requirements of USDA's regulations regarding financial
management;
4. Claim reimbursement at the assigned rates only for reimbursable free, reduced-price and
paid meals served to eligible children. The school food authority (superintendent or
authorized representative) signing the claim shall be responsible for reviewing and analyzing
meal counts to ensure accuracy of said claims. Failure to submit accurate claims will result
in recovery of an over claim and may result in the withholding of payments, suspension or
termination of the program. If failure to submit accurate claims reflects embezzlement,
willful misapplication of funds, theft, or fraudulent activity, the penalties specified below
shall apply:
Whoever embezzles, willfully misapplies, steals or obtains by fraud any funds,
assets or property provided under this part whether received directly or indirectly
from USDA shall:
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a. If such funds, assets, or property are of a value of $100 or more,
be fined no more than $25,000 or imprisoned not more than 5 years
or both; or,
b. If such funds, assets, or property are of a value of less than $100,
be fined not more than $1,000 or imprisoned not more than 1 year or both.
Whoever receives, conceals, or retains for personal use or gain, funds, assets, or
property provided under this part, whether received directly or indirectly from
USDA, knowing such funds, assets, or property have been embezzled, willfully
misapplied, stolen, or obtained by fraud, shall be subject to the same penalties;
5. Submit claims for reimbursement in accordance with procedures established by TDA
and program regulations. Final claims for reimbursement must be received by TDA not
later than 60 days following the last day of the month covered by the claim. Original or
revised claims not received within 60 days require special processing for reimbursement and
must comply with USDA regulations governing late and/or amended claims. Original or
amended claims received late that meet USDA regulations are not guaranteed to be
reimbursed and will only be paid if funds are available;
6. Upon request, make all accounts and records pertaining to its school food service
program available to TDA and to USDA for audit or review, at a reasonable time and place.
Such records shall be retained for a period of five years (three years if operating in a private
school or residential child care institution) after the date of the final Claim for
Reimbursement for the fiscal year to which they pertain, except that if audit findings have
not been resolved, the records shall be retained beyond the five-year period (three-year
period if Contractor is a private school or residential child care institution) as long as
required for resolution of the audit findings raised by the audit;
7. Limit its net cash resources to an amount that does not exceed three months average
expenditures for its non-profit school food services or such other amount as may be
approved in accordance with TDA;
8. Serve meals that meet the minimum requirements prescribed in Schedules B, C, D, E, F,
G, H, I, J and K, as applicable, and which are attached to this Agreement as Exhibit A and
fully incorporated herein;
9. Price the meals as a unit;
10. Serve lunchesibreakfasts free or at a reduced price to all children who are determined by
the school food authority to be eligible for such meals;
11. Meet the requirements specified in the school food authority's Policy Statement for Free
and Reduced-Price Meals and all attachments therein,
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12. Comply with the requirements of USDA's regulations regarding nondiscrimination and
make no discrimination against any child because of his or her eligibility for free or reduced-
price meals in accordance with said Policy Statement;
13. Maintain, in the storage, preparation and service of food, proper sanitation and health
standards in conformance with all applicable state and local laws and regulations. Maintain
necessary facilities for storing, preparing and serving food;
14. For NSLP only, enter into an agreement to receive donated foods as required by 7CFR
Part 250;
15. Accept and use, in as large quantities as may be efficiently utilized in its nonprofit
school food service, such foods as may be offered as a donation by USDA;
16. Establish procedures that are necessary to. control the sale of food in competition with
the nonprofit food service programs in accordance with Program regulations and
instructions;
17. Count the number of free, reduced-price and paid reimbursable meals served to eligible
children at the point of service or through another counting system if approved by TDA;
18. Maintain files of currently approved and denied free and reduced-price school meal
applications respectively, and the names of children approved for free meals based on
documentation for certifying that the child is included in a household approved to receive
benefits under the Supplemental Nutrition Assistance Program (SNAP) (formerly Food
Stamp Program), Food Distribution Program for Households on Indian Reservations
(FDPIR) or the Temporary Assistance to Needy Families (TANF) program. If applications
are maintained at the school food authority level, they shall be readily retrievable by school;
19. Retain the individual applications for free and reduced-price lunches/breakfasts and
meal supplements and direct certification documentation for a period of five years (three
years if Contractor is a private school or residential child care institution) after the end of the
fiscal year to which they pertain, except that if audit findings have not been resolved, the
applications shall be retained beyond the 5-year period (three years if Contractor is a private
school or residential child care institution) as long as required for resolution of the issues
raised by the audit;
20. Agree to serve breakfast during a period designated as the breakfast period by the
school and to serve lunch during the period designated as the lunch period by the school;
21. No later than December 31 of each year, provide TDA with a the total number of
children approved for free lunches and meal supplements, the total number of children
approved for reduced price lunches and meal supplements, and the total number of children
enrolled in the school food authority as of the last day of operation in October.
Additionally, no. later than December 31 of each year, provide TDA with a list of all
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elementary schools under its jurisdiction of enrolled children that have been determined
eligible for free or reduced price meals as of the last operating day the preceding October;
22. When available for the schools under its jurisdiction, and upon request of a sponsoring
organization of day care homes of the Child and Adult Care Food Program, provide
information on the boundaries of the attendance areas for the elementary schools identified
as having 50 percent or more of enrolled children certified eligible for free or reduced price
meals;
23. For school food authorities serving meal supplements during afterschool care programs
shall agree to meet the following:
a. Serve meal supplements which meet the minimum requirements prescribed in
7CFR§210.10;
b. Price the meal supplement as a unit;
c. Serve meal supplements free or at a reduced price to all children who are
determined by the school food authority to be eligible for free or reduced
price school meals under 7 CFR part 245;
c. If charging for meals, the charge for a reduced price meal supplement shall
not exceed 15 cents;
d. Claim reimbursement at the assigned rates only for meal supplements served
in accordance with the agreement;
e. Claim reimbursement for no more than one meal
supplement per child per day;
f. Review each Afterschool Care Program two times a year, with the first
review occurring during the first four weeks that the school is in operation
each school year, except that an Afterschool Care Program operating year
round shall be reviewed during the first four weeks of its initial year of
operation, once more during its first year of operation, and twice each school
year thereafter; and
g. Comply with all requirements of this part, except that, claims for
reimbursement need not be based on "point of service" meal supplement
counts (as required by § 210.9(b)(9)).
24. Certify that each of the schools listed in Schedule A of Exhibit A, which is attached to
this Agreement and fully incorporated herein and identifies the names of all schools in the
school district conducting school nutrition programs, is nonprofit and exempt from federal
income tax under the Internal Revenue Code, as amended; and
25. 'Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit B and fully incorporated herein.
D. If Contractor is a Sponsor for the Summer Food Service Program, Contractor agrees that it will
conduct the Program in accordance with State and. Federal regulations, and specifically, will
conform to the following requirements:
1. Operate a nonprofit food service during the period specified, as follows:
a. From May through September for children on school vacation;
b. At anytime of the year, in the case of Contractor administering the Program
under a continuous school calendar system; or
c. During the period from October through April, if Contractor serves an area
affected by an unanticipated school closure due to a natural disaster, major
building repairs, court orders relating to school safety or other issues, labor-
management disputes, or, when approved by the State agency, a similar
cause;
2 If Contractor is a school food authority, offer meals which meet the requirements and
provisions set forth in §225.16 during times designated as meal service periods by the
sponsor, and offer the same meals to all children;
3. If sponsor is not a school food authority, serve meals which meet the requirements and
provisions set forth in §225.16 during times designated as meal service periods by the
sponsor, and serve the same meals to all children;
4. Serve meals without cost to all children, except that camps may charge for meals served
to children who are not served meals under the Program;
5. Issue a free meal policy statement in accordance with §225.6(c);
6. Meet the training requirement for Contractor's administrative and site personnel, as
required under §225.15(d)(1);
7. Claim reimbursement only for the type or types of meals specified in the application and
served without charge to children at approved sites during the approved meal service period,
except that camps shall claim reimbursement only for the type or types of meals specified in
the application and served without charge to children who meet the Program's income
standards;
8. 'Serve a maximum number of meals under the Program; as approved by TDA, if
Contractor is serving meals prepared by a food service management company, as required
under §225.6(d)(2), and document in its files. the maximum number of meals that may be
served;
9. Obtain written approval from TDA to make permanent changes in the serving time of any
meal;
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10. Submit claims for reimbursement in accordance with procedures established by the
State agency, and those stated in §225.9;
11. In the storage, preparation and service of food, maintain proper sanitation and health
standards in conformance with all applicable State and local laws and regulations;
12. Accept and use, in quantities that may be efficiently utilized in the Program, such foods
as may be offered as a donation by the USDA;
13. Have access to facilities necessary for storing, preparing, and serving food;
14. Maintain a financial management system as prescribed by the State agency;
15. Maintain on file documentation of site visits and reviews in accordance with §225.15(d)
(2) and (3);
16. Upon request, make all accounts and records pertaining to the Program available to
State, Federal, or other authorized officials for audit or administrative review, at a
reasonable time and place;
17. Retain records for a period of 3 years after the end of the fiscal year to which they
pertain, unless audit or investigative findings have not been resolved, in which case the
records shall be retained until all issues raised by the audit or investigation have been
resolved;
18. Ensure children consume meals on site unless TDA allows certain foods to be taken off
site for consumption; and
19. Retain final financial and administrative responsibility for its program.
20. Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit C and fully incorporated herein.
E. If Contractor participates in the CACFP, Contractor agrees that it will conduct the Programs in
accordance with State and Federal regulations, and, specifically, will conform to the following
requirements:
1. Provide or accept responsibility for the provision of organized, non-residential day care
and immediately report to the appropriate state agency, any suspected violations of licensing
standards or suspected abuse of children or adults in centers (sponsored or independent) or
day care homes;
2. Accept financial and administrative responsibility for management of a proper, efficient,
and effective food service, and will comply with all requirements under 7 CFR Part 226;
3. Keep financial and supporting documents, statistical records, and any other records
pertinent to the services for which a claim was submitted in the manner and detail prescribed
by TDA. Unless otherwise provided by state or federal law, the records and documents will
be kept for a minimum of 3 years after the end of the program year. If any litigation, claim,
negotiation, audit, or other action involving these records begins before such period expires,
Contractor will keep the records and documents for until all audit findings, claims or
litigation are resolved or until the end of the 3 year period, which ever is later. The case is
considered resolved when there is a final order issued in litigation, or a written agreement is
entered into between TDA and the Contractor. Contractor will keep records of non-
expendable property acquired under the contract for 3 years after final disposition of the
property;
4. Allow TDA and USDA officials and other appropriate officials determined by TDA to
inspect facilities and records and to audit, examine, and copy records at any reasonable time,
whether announced or unannounced: This includes access to all records of costs paid, even
in part, by TDA.. TDA agrees that any TDA.employee making such review shall' show
photo identification that demonstrates that he/she is an employee of TDA;
5. Establish a method to secure the confidentiality of records and other information relating
to clients in accordance with the applicable federal law, rules, and regulations, as well as the
applicable state law and regulations. The provision shall not be construed as limiting TDA's
right of access to recipient case records or other information relating to clients served under
this contract;
6. Submit for TDA approval applications and agreements for any center/day care home for
which Contractor intends to sponsor;
7. Submit to TDA's Food and Nutrition Division an amendment to its application or
management plan, on TDA's form, when any change from information that was originally
submitted in Contractor's application occurs; and
8. Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit C and fully incorporated herein.
F. A school food authority or child care institution, as defined in 7 CFR, Part 215, participating in
the SMP agrees that it will conduct the SNIP in accordance with State and Federal regulations,
and, specifically, will conform to the following requirements:
1. Operate a nonprofit milk service;
2. Serve milk free to all eligible children, at times that milk is made available to nonneedy
children under the SNP and make no discrimination against any needy child because of
inability to pay for the milk;
3. Comply with USDA's regulations respecting nondiscrimination (7 CFR, Part 15) and
with the applicable Civil Rights Policy, which is attached to this Agreement as Exhibit B
and fully incorporated herein;
4. Claim reimbursement for milk, as defined in 7 CFR, Part 215, and in accordance with the
provisions of 7 CFR 215.8 and 215.10;
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5. Submit Claims for Reimbursement in accordance with § 215.10 of this part and
procedures established by TDA or FSNRO where applicable;,
6. Maintain a financial management system as prescribed by TDA or FNSRO where
applicable;
7. Upon request, make all records pertaining to the SMP available to TDA, USDA or OA
for audit and administrative review, at any reasonable time and place. Such records shall be
retained for a period of three years after the end of the fiscal year to which they pertain,
except that if audit findings have not been resolved, the records shall be retained beyond the
three-year period as long as required for resolution of the issues raised by the audit;
8. Retain the individual applications for free milk submitted by families for a period of -
three years after the end of the fiscal year to which they pertain, except that if audit findings
have not been resolved, the records shall be retained beyond the -three-year period as long
as required for resolution of the issues raised by the audit; and
IV.
TDA CLAIMS PAYMENT
A. TDA will, subject to federal appropriation and availability to TDA of sufficient funds for the
applicable program, make program payment to Contractor in accordance with the terms of this
Agreement. During any fiscal year, the reimbursement paid shall be established in conformance
with applicable federal regulations. No reimbursement shall be made for performance under this
Agreement occurring prior to (a) the beginning effective date of this Agreement or (b) a later date
established by TDA based on the date of receipt of a fully executed copy of this Agreement.
B. Pursuant to §2252.903 of the Texas Government Code, any payments owing to Contractor under
this Agreement will be applied toward elimination of Contractor's indebtedness to the state,
delinquency in payment of taxes to the state, or delinquency in payment of taxes that the
comptroller administers or collects until the indebtedness or delinquency is paid in full.
V.
STATE AUDITOR'S OFFICE
Contractor understands that acceptance of funds under this Agreement acts as acceptance of the
authority of the State Auditor's Office (SAO), or any successor agency, to conduct an investigation
in connection with those funds. Contractor further agrees to cooperate fully with the SAO or its
successor in the conduct of the audit or investigation, including providing all records requested.
Contractor will ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through Contractor and the requirement to cooperate is included in any subcontract it
awards.
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VI.
IMMIGRATION
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 Agreement.
VII.
CERTIFICATIONS
Contractor shall execute and comply with the following Certifications: (1) Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,
which is attached to this Agreement as Exhibit D and fully incorporated herein; (2) Certification
Regarding Lobbying, which is attached to this Agreement as Exhibit E and fully incorporated
herein; and (3) Standard'Form-LLL, Disclosure Form to Report Lobbying, when applicable, which
is attached to this Agreement as Exhibit F and fully incorporated herein; (4) Clean Air and Water
Certification, which is attached to this Agreement as Exhibit G and fully incorporated herein.
VIII.
TERM AND TERMINATION
June 8, 2009
A. This Agreement shall take effect on , or upon signature by
appropriately authorized representatives of both Parties, whichever is later.
B. This Agreement may be terminated in accordance with the program laws and regulations,
including 7 CFR, Parts 3015, 3016, 3019 and 3052. In addition to termination in accordance
with the preceding, this Agreement may be terminated for any of the following reasons:
1. Termination by mutual agreement of the Parties. This.Agreement may be terminated by
mutual agreement of the Parties. Such agreement must be in writing.
2. Termination in the best interest of the State. TDA may terminate this Agreement at any
time when, in its sole discretion, TDA determines that termination is in the best interest of
the State of Texas. The termination will be effective on the date specified in a notice of
termination from TDA.
3. Termination for non-appropriation of funds. Notwithstanding any other provision of
this Agreement, if funds for the continued fulfillment of this Agreement by TDA are at any
time not forthcoming or are insufficient, through failure of any entity to appropriate funds or
otherwise, then TDA will have the right to terminate this Agreement at no additional cost
and with no penalty whatsoever by giving prior written notice documenting the lack of
funding.
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4. Termination for Change in Ownership or Legal Identity of Institution. Contractor
understands and agrees that this contract is not transferable and that in the event of change in
legal identity or ownership of Institution, this Contract will terminate.
5. Termination for impossibility or unreasonability. If federal or state laws or other
requirements are amended or judicially interpreted so that the continued fulfillment of this
Agreement, on the part of either party, is substantially unreasonable or impossible, or if the
parties are unable to agree upon any amendment which would therefore be needed to enable
the substantial continuation of the services contemplated by this Agreement then, the parties
shall be discharged from any further obligations created under the terms of this Agreement,
except for the equitable settlement of the respective accrued interest of obligations,
including audit findings, incurred up to the date of termination.
IX.
AMENDED OR NEW STATUTES, REGULATIONS, INSTRUCTIONS, POLICY
MEMORANDA, AND GUIDANCE
By continuing to operate covered programs after the enactment or issuance of any changed or new
statutes or regulations applicable to the programs covered by this Agreement, and any changed or
new instructions, policy memoranda, guidance, and other written directives interpreting these
statutes or regulations, Contractor agrees to comply with them.
If Contractor does not wish to comply with any changes or new items, Contractor must seek to
terminate this Agreement in accordance with section VIII of this Agreement.
X.
SEVERABILITY
If one or more provisions of this Agreement, or the application of any provision to either party or
circumstance is held invalid, unenforceable or illegal in any respect, the remainder of this
Agreement and the application of the provision to other parties or circumstances shall remain valid
and in full force and effect.
XI.
SIGNATURES
This Agreement establishes or continues the rights and responsibilities of TDA and Contractor
pursuant to Contractor's participation in one or more of the above named programs as stipulated
herein. By signing this Agreement, both parties are bound by its terms and conditions from its
beginning effective date until terminated in accordance with this Agreement.
Contractor certifies that all information submitted pursuant to this agreement is true and correct.
Contractor understands that the deliberate misrepresentation or withholding of information is a
violation of this Agreement and may result in prosecution under applicable state and federal
statutes.
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The Parties hereto in their capacities stated, agree to all statements and conditions contained herein
and are authorized to sign' this Agreement on behalf of the entity stated herein below. The Parties
affix their signatures and bind themselves for the faithful performance of the terms of this
Agreement.
CONTRACTOR
City of Denton
By:
Name of Contracting Organization Signature of the
(Please print or type) official who has been authorized to sign.
contracts on behalf of the contracting organization.
George C. Campbell ' City Manager
Name of Official Signing Title of Official
(Please print or type) (Please print or type)`
Date:
TEXAS DEPARTMENT OF AGRICULTURE
By:
TDA Representative
Date:
Revised January 2009
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EXHIBIT A
SCHEDULES A-K
(Applicable to NSLP/SBP/SMP only)
Schedule A: Names of all schools/sites in the school food authority that participate in the
NSLP/SBP/SMP
Schedule B: School Breakfast Pattern for Traditional Food Based Menu Planning
Schedule C: School Breakfast Pattern for Enhanced Food Based Menu Planning
Schedule D: School Lunch Pattern for Enhanced Food Based Menu Planning
Schedule E: School Lunch Pattern for Traditional Food Based Menu Planning
Schedule F: Required Minimum Calorie and Nutrient Levels for Enhanced Food Based, Traditional
Food Based and Nutrient Standard Menu Planning Systems for School Breakfasts by Grade Levels
Schedule G: Required Minimum Calorie and Nutrient Levels for Enhanced Food Based and
Nutrient Standard Menu Planning Systems for School Lunches by Grade Levels
Schedule H: Required Minimum Calorie and Nutrient Levels for Traditional Food Based Menu
Planning System for School Lunches by Grade Levels
Schedule I: Optional Minimum Nutrient and Calorie Levels for School Lunches Nutrient Standard
Menu Planning Approaches (by Age Groups)
Schedule J: Optional Minimum Nutrient and Calorie Levels for School Breakfasts Nutrient
Standard Menu Planning Approaches (by Age Groups)
Schedule K: Afterschool Care Program Meal Pattern
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RETURN TO STATE OFFICE
School Food Authority (SFA) Name County/District# or Program#
Schedule A
• List all requested information for all schools/sites within the SFA in Section L
• Be sure to use enrollment and total eligible data from the previous October 31. If additional space is necessary, please
make a photocopy of this blank form.
A copy of the completed Schedule A form will be returned to the SFA with the approved application/agreement so that it
may be filed as a permanent record:
• Please see "Instructions for Completing the Schedule A Form".
• For public and charter "schools, the Schedule A will need to be renewed every year online via the Child Nutrition
Programs Information Management System (CNPIMS) internet application by an authorized representative.
PLEASE COMPLETE ALL COLUMNS
w,uo,o a
column 7 caumn z wtumn a "lumn IF
Program;
Campus Total Eligible Partici t'on
Names of Schools/Sites : Enrollment
Number Free+Reduced
NSLP SBP Snack SUP
S.' FN,)"'~fschifilsttes_.
T w z«
i
Texas Department of Agriculture
Child Nutrition Programs
Instructions for Completing the Schedule A Form
Please enter the school food authority (SFA) name and county/district number or program number in the spaces provided at the top of
the form. Use data from last October 31 for total enrollment and total eligible. If no data is available from October 31, then use the
most current figures available. All public and charter schools affiliated with the Texas Education Agency have been assigned
county/district numbers. All private schools and residential child care institutions (RCCIs) have been assigned a program number by
Texas Department of Agriculture. If you are unsure of this number, please contact the Food and Nutrition Division at (877) 839-6325.
Section I:
Column 1- Campus Number: For public and charter schools, please list the 3-digit campus number as assigned by the Texas
Education Agency for each school. If you are unsure of the campus number, please contact the Food and Nutrition Division at (877)
839-6325. Private schools and RCCIs will leave this column blank.
Column 2- Names of Schools/Sites: Please list the name of each school/site located in your SFA.
Column 3 - Enrollment: Please provide the total current enrollment (membership, population) for each school/site listed under
Column 1. You may estimate enrollment for a school/site beginning operation during the upcoming year. (Public and charter schools
may update enrollment online through the Child Nutrition Programs Information Management System (CNPIMS) at any time.) For
assistance, please contact the Food and Nutrition Division at (877) 839-6325.
Column 4 - Total Eligible: For each school/site listed, please enter the total # of students approved to receive free and reduced-price
meals. If a new school/site is listed, and eligible figures are not available, please provide your best estimate. (Public and charter
schools may update eligible counts at any time online through the CNPIMS.) For assistance, please contact the Food and Nutrition
Division at (877) 839-6325.
Column 5 - Program Participation: For each school/site listed, please indicate with an "x" which programs will be provided:
National School Lunch Program (NSLP), School Breakfast Program (SBP), After School Snack Program (Snack) or Special Milk
Program (SMP). Note: If a school/site is participating in NSLP, they are not eligible to participate in SMP.
Grand Totals - (Last Row): Please enter the sum total of each column in Section I (total # of schools/sites, total enrollment, total # .
of students eligible for free and reduced-price meals, and total participation by program).
Schedule B
School Breakfast Pattern for Traditional Food Based Menu Planning
Meal Components
Minimum Quantities
USDA
Ages 1-2 Ages 3,4,5 Grades K-12
Recommendation
Milk (Fluid): Asa beverage,
cup
3/¢ cup
1 cup
Whole milk for children
on cereal or both.
(4 fl oz)
(6 fl oz)
(8 fl oz)
1-2 years of age
Lowfat, skim, or
buttermilk for children
over the age of 2
juice/Fruit/Vegetable: Fruit and/or
1 J4 cup
1/Z CUP
1/Z cup
Ajuice or fruit or
vegetable, or full-strength fruit
vegetable that is a good
juice or vegetable juice.
source of Vitamin C
Select one serving from each of the followi
ng components or two servings from one component:
Grains/Breads:
One of the following or
an equivalent combination:
-Whole-grain or
slice
1 /
slice
1 slice
See Food Buying Guide
enriched bread
2
2
for Child Nutrition
-Whole-grain or
1/, serving
1/2 serving
l serving
Programs for
enriched biscuit,
serving sizes.
roll, muffin, etc.
* Whole-grain, enriched
1 / 4 cup or
i cup or
3/ 4 cup or
(whichever is less)
or fortified cereal.
1/3 ounce
1/2 ounce
1 ounce
Meat/Meat Alternates:
One of the following
or an equivalent
combination:
-Lean meat, poultry
ounce
1 ounce
1 ounce
No more than l ounce
or fish
of nuts or seeds may be
*Alternate protein products (APP)
1 / 2 ounce
1/2 ounce
1 ounce
served in any one meal.
- Cheese
1 / 2 ounce
i ounce
1 ounce
-Large egg
' /2 egg
' egg
'/.,egg
-Peanut butter or other
1 Tbsp.
1 Tbsp.
2 Tbsp.
Caution: Children
nut or seed butters
under 5 are at a higher .
-Cooked dry beans/ peas
2 Tbsp.
2 Tbsp.
4 Tbsp.
risk of choking than
-Nuts and/or seeds
1 /2 ounce
1/2 ounce
1 ounce
older children. It is
•Yogurt, plain or flavored,
2 ounces
2 ounces
4 ounces
recommended that
unsweetened or sweetened
or 1 / 4 cup
or 1 /4 cup
or 1 /z cup
nuts and / or seeds be
(frozen yyogurt not allowed)
served ground or
finely chopped in a
prepared food.
**Alternate Protein Products (APP) are also known as Vegetable Protein Products (VPP).
C'r- 1PAI-11P C
chool Breakfast Pattern for Enhanced Food Based Menu Planning
Minimum Quantities Required For
Meal Component
Ages 1-2
Preschool
Grades K-12*
on cereal
Milk (Fluid): As a beverage
1/
cup
cup
3/
1 cup
,
or both. USDA recommends whole
,
(4 fl oz)
4
(6 fl oz)
(8 fl oz)
milk for children 1-2 years of age.
Juice/Fruit/Vegetable:
cup
Cup
I / 2 cup
Fruit and/or vegetable; or full-strength
fruit juice or vegetable juice.
Select one serving from each of the following components or hvo from one component:
Grains/Breads*:
One of the following or an equivalent
combination:
Whole-grain or enriched bread
' /
slice
slice
I/
1 slice
Whole-grain or enriched biscuit,
2
'/2 serving
,
I/2 serving
1 serving
roll, muffin, etc.
Whole-grain, enriched or fortified cereal.
'/A cup or
'/3 cup or
3/, cup or 1 ounce
3 ounce
ounce
(whichever is less)
Meat/Meat Alternates:
Meat/ poultry or fish
ounce
ounce
1 ounce
"Alternate Protein Products (APP)
' /
ounce
2 ounce
1 ounce
Cheese
z
'/2 ounce
'/2 ounce
1 ounce
Egg (large)
'/2 egg
I/2 egg
1/2 egg
Peanut butter or other nut or seed
1 Tbsp.
1 Tbsp.
2 Tbsp.
butters
Cooked dry beans and peas
2 Tbsp.
2 Tbsp.
4 Tbsp.
Nuts and/or seeds (as listed in
' ounce
'/,ounce
1 ounce
program guidance).'
Yogurt, plain or flavored, unsweetened
2 ounces or
2 ounces or
4 ounces or'/2 cup
or sweetened (frozen yogurt not al-
I/3 cup
I/a CLIP
lowed.
Caution: Children under 5 are at a higher
risk of choking than older children. It is rec-
ommended that nuts and/or seeds be served
ground or finely chopped in a prepared food.
'No more than 1 ounce of nuts and/or seeds may be offered in any one meal.
*Option for Grades 7-12; one additional serving of Grains/ Breads should be served daily in addition to the
components listed above.
**Alternate Protein Products (APP) also known as Vegetable Protein Products (VPP).
Schedule D►
School Lunch Pattern for Enhanced Food Based Menu Planning
Schools may use the minimum nutrient and quantity requirements ap7)licable to the majority of children as long as only
one age or &rade is outside the levels for the majority of children.
Minimum Quantifies Required For
Meal Component
Ages 1-2
Preschool
Grades K-6
Grades 7-12
Option For
Grades K-3
Meat or Meat Alternate (quantity of the
edible portion as served):
Lean meat, poultry or fish
1 oz.
1' /2 oz.
2 oz.
2 oz:
1'/2 oz.
*Alternative Protein Products (APP)
l oz.
1'/, oz.
2 oz.
2 oz.
1'/2 oz.
Cheese -
1 oz.
1 '/2 OZ,
2 oz.
2 oz.
1 ' /Zoz.
Large egg
1/,
.3/;
1
1,
3/4
Cooked dry beans or peas
1/4 cup
3/g cup
'/2 CUP
cup
3/9 CUP
Peanut butter or other nut or seed
2 Tbsps.
3 Tbsp.
4 Tbsp.
4 Tbsp.
3 Tbsp.
butters
Yogurt, plain or flavored,
4 oz. or.
6 oz. or
8 oz. or
8 oz. or
6 oz. or
unsweetened or sweetened (frozen
cup
3/4 cup
1 cup
1 cup
cup
yogurt not allowed)
The following may be used to meet no
more than 509o' of the requirement and
must be used in combination with any o
the above:
'/Z oz: 50%
3/, oz= 507o
1 oz: 5076
l oz 50%
3/, oz.= 507o
Peanuts, soynuts, tree nuts or seeds, as
listed in program, guidance, or an
equivalent quantity of any combina-
tion of the above meat/meat alternate
(1 oz. of nuts/ seeds =1 oz. of cooked
lean meat, poultry or fish).
Vegetables /Fruits (2 or more servings
/Z cup
'/z cup
3/, cup plus
1 cup
cup
from different sources of vegetables or
additional
fruits or both).
cup over
a week'
Grains/Breads. Must be enriched or
5 servings
8 servings
12 servings
15 servings
10 servings
whole grain.
per week-
per week-
per week-
per week-
per week-
A serving is a slice of bread or an
minimum
minimum
minimum o
f minimum
minimum of
equivalent serving of biscuits, rolls,
of per
of l per
1 per day' 2
of 1 per day
1 per day' 2
etc., or V, cup of cooked rice, macaroni,
day'
day'
noodles, other pasta products or cereal
grams.
Milk (As a beverage). 6 fl. oz.
6 fl. oz.
8 fl. oz.
8 fl. oz.
8 fl. oz.
' For the purposes of this chart, a week equals five days.
2Up to one grains /breads serving per day may be a dessert.
3USDA recommends whole milk for children 1-2 years of age.
*Alternate Protein Product (APP) also known as Vegetable Protein Product (VPP).
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Schedule F
Required Minimum Calorie and Nutrient Levels for Enhanced Food Based, Traditional Food Based and
Nutrient Standard Menu Planning Systems for School Breakfasts by Grade Levels
(School Week Averages: Minimum of three consecutive days and a maximum of seven consecutive days)
Nutrients and energy allowances
Preschool
Grades K-12
Option for Grades 7-12
Energy Allowances /Calories
388
554
618
Fat (as a percentage of actual
total food' energy)
(1)
(1,2)
(2)
Total Saturated Fat (as a percent-
age of actual total food energy)
(1)
(1.3)
(3)
RDA for Protein (g)
5
10
12
RDA for Calcium (mg)
200
257
300
RDA for Iron (mg)
2.5
3.0
3.4
RDA for Vitamin A (RE)
113
197
225
[RDA for Vitamin C (mg)
11
13
14
- i ne literary uuiaennes recommena rear ajrer / years of age ...cmiaren snouar gruauuuy uuuFL.u "Xc uu4t, Uy "U.., Y-o j
age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule G
Required Minimum Calorie and Nutrient Levels for Enhanced Food Based and Nutrient Standard Menu
Planning Systems for School Lunches by Grade Levels
(School Week Averages: Minimum of three consecutive days and a maximum of seven consecutive days)
Minimum Requirements
Optional
Nutrients and energy allowances
Preschool
Grades K-6
Grades 7-12
Grades K-3
Energy Allowances / Calories
517
664
825
633
Total Fat (as a percent of actual total
food energy)
(1)
(1,2)
(2)
(1,2)
Saturated Fat (as a percent of actual
total food energy)
(1)
(1,3)
(s)
(1,3)
RDA for Protein (g)
7
10
16
9
RDA for Calcium (mg)
267
286
400
267
RDA for Iron (mg)
3.3
3.5
4.5
3.3
RDA for Vitamin A (RE)
150
224
300
200
RDA for Vitamin C (mg)
14
15
is
15
'The Dietary Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by about 5 years of
age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule H
Required Minimum Calorie and Nutrient Levels for Traditional Food Based Menu Planning
. System for School Lunches by Grade Levels (School Week Averages)
Minimum Requirements
Optional
Nutrients and Energy Allowances
Preschool
Grades K-3
Grades 4-12
Grades 7-12
Energy Allowances/Calories
517
633
785
825
Total Fat (as a percentage of actual
total food energy)
(1)
(1,2)
(2)
(2)
Total Saturated Fat (as a percentage
of actual total food energy)
(1)
(1,3)
(3)
(3)
RDA for Protein (g)
7
9
15
16
RDA for Calcium (mg)
267
267
370
400
RDA for Iron (mg)
3.3
3.3
4.2
15
RDA for Vitamin A (RE)
150
200
285
300
RDA for Vitamin C (mg)
14
15
17
18
The Dietary Guidelines recommend that after 2 years o age
contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule I
...children s oul gra ually adopt a iet that, y about 5 years o age,
Optional Minimum Nutrient and Calorie Levels for School Lunches
Nutrient Standard Menu Planning Approaches (School Week Averages)
Nutrients and Energy Allowances
Ages 3-6
Ages 7-10
Ages 11-13
Ages 14 and Abov
Energy Allowances/ Calories
558
667
783
846
Total Fat (as a percentage of actual
total food energy)
(1, 2)
(2)
(22)
(2)
Total Saturated Fat (as a percentage
of actual total food energy)
(1,3)
(3)
(3)
(3)
Protein (g)
7.3
9.3
15.0
16.7
Calcium (mg)
267
267
400
400
Iron (mg)
3.3
3.3
4.5
4.5
Vitamin A (RE)
158
233
300
300
Vitamin C (mg)
14.6
15
16.7
19.2
11`he Dietary Guidelines recominena that after 2 years of age "...children should gradually adopt a diet that, by about 5 years of
age., contains no more than 30 percent of calories frorn fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule J
Optional Minimum Nutrient and Calorie Levels for School Breakfasts
Nutrient Standard Menu Planning Approaches (School Week Averages)
Nutrients and energy
allowances
Ages 3-6
Ages 7-10
Ages 11-13
Ages 14 and above
Energy Allowances/ Calories
419
500
588
.625
Total Fat (as a percent of
actual total food energy)
(1,2)
(2)
(2)
(2)
Saturated Fat (as a percent
of actual total food energy)
(1,3)
(3)
(3)
(3)
RDA for Protein (g)
5.50
7.00
11.25
12.50
RDA for Calcium (mg)
200
200
300
300
RDA for Iron (mg)
2.5
2.5
3.4
3.4
RDA for Vitamin A (RE)
119
175
225
225
RDA for Vitamin C (mg)
11.00
11.25
12.50
14.40
'The Dietary ;Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by about 5 years
of age, contains no more than 30 percent of calories from fat."
-Not to exceed 30 percent over a school week.
'Less than 10 percent over a school week.
QA,,aA7113 it
v~.i cw..ua-a+~. s
Afterschool Care Program Meal Pattern
Select two different components from the four listed.
Snack
Ages 1-2
Ages 3-5
Ages 6-12
Ages 13-18 Recommended
Portions for children ages 13
through I8 shall be no less than
the portions stipulated for children
ages 6 through 12. We reeonnnend
that schools offer larger portions for
fluid
Milk
1/2 cup
1/2 cup
1 cup
older children (ages 13-18) based an
,
their greater food energy require-
ments.
Meat or meat alternate
oz.
2 oz./'/4 cup
oz.
2 oz./'/4 cup
1 oz.
2 oz./'/, cup
4 oz./'/, cup
Yogurt
'/2
1/2
'/2
1/2
Egg
Juice or fruit or vegetable
1/z CLIP
1/2 cup
3/4 cup
Bread and/or cereal: Enriched
'/2 slice
'/2 slice
lslice
or
whole grain bread or
1
/3 cup/ 1/2
Cereal: Cold dry or
1/4 cup/'/3 oz.
oz.
cupoz.
/
cooked cereal grains
CUP
/ 4 cup
cup
juice may not be served when milk is served as the only other component.
Caution: Children under five years of age are at the highest risk of choking. USDA recommends that nuts and%or seeds be
sen)ed to them ground or finely chopped in a prepared food.
EXIRBIT B
CIVIL RIGHTS POLICY COMPLIANCE FOR
SCHOOL NUTRITION PROGRAMS
(NSLP, SBP and SMP)
Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), Title IX of the Education Amendments of 1972 (Title 20 U.S.C. § 1681` et seq.),
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of
1975 (42 U.S.C. § 6101 et seq.) all provisions required by the implementing regulations of the
Department of Agriculture;Department 6f7ustice Enforcement Guidelines; , 28 C.F.R. Parts 503
and 42; and FNS directives and guidelines, to the effect that, no person shall, on the grounds of
race, color, national origin; sex, age, or disability, be excluded from participation in, be denied
benefits of, or otherwise be subject to discrimination under any program or activity for which the
program applicant receives Federal financial assistance from FNS; and hereby gives assurance that
it will immediately, take measures necessary to effectuate this agreement.
Contractor agrees to compile data, maintain records, and submit reports as required, to
permit effective enforcement of the above Acts and permit authorized TDA and USDA 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, TDA and the
Department of Agriculture FNS have the right to seek judicial enforcement of this assurance. This
assurance is binding on the Contractor, its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from USDA. The person or persons
whose signatures appear on this Agreement are authorized to sign this assurance on the behalf of the
Contractor.
15
EXHIBIT C
CIVIL RIGHTS POLICY COMPLIANCE FOR
CACFP AND SFSP
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 Department of Agriculture (7 CFR Part
15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued
pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on
the ground of race, color, national origin, age, sex, or disability be excluded from participation in,
be denied the benefits of, or be otherwise subject to discrimination under any program or activity
for which the Program applicant received Federal financial assistance from USDA; and hereby
gives assurance that it will immediately take any measures necessary to fulfill this agreement.
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 and interest in 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 that is reduced
for the purpose of assisting the recipient, or in recognition of the public interest to be served by such
sale, lease, or furnishing of service to the recipient, or any improvements made with Federal
financial assistance extended to the Program applicant by USDA. This includes provision of cash
assistance for the purchase of food, and cash assistance for purchase or rental of food service
equipment or any other financial assistance extended in reliance on the representations and
agreements made in this assurance.
By accepting this assurance, Contractor agrees to compile data, maintain records, and submit
reports as required, to permit effective enforcement of nondiscrimination laws and permit
authorized TDA and USDA personnel during hours of program operation to review such records,
books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are
any violations of this assurance, TDA and the Department of Agriculture, FNS, shall have the right
to seek judicial enforcement of this assurance. This assurance is binding on the Contractor as long
as it receives assistance or retains possession of any assistance from USDA. The person or persons
whose signatures appear below are authorized to sign this assurance on the behalf of the Contractor.
16
EXHIBIT D
U. S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations
were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of
the regulations may be obtained by contacting the Department of Agriculture agency with which
this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
City of Denton Summer Food Program
Organization Name PR/Award Number or Project Name
George C. Campbell City Manager
Name of Authorized Repres e Title
071101,29
gn re Date
17
Exhibit D (Continued)
Instructions for Certification
1. By signing and submitting this'form, the prospective lower tier participant is providing
the certification set out on the form in accordance with these instructions.
The certification in this clause is a material representation of fact upon which reliance
was placed when the transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tiered
covered transaction", "participant", "person", "primary covered transaction", "principal",
"proposal", and "voluntarily excluded" as used in this clause, have the meanings set out
in the definitions and coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tiered covered transaction with a person who is debarred, suspended, declared ineligible
or voluntarily excluded from participation in this covered transaction, unless authorized
by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower Tier Covered Transactions", without modification, in
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible
or voluntarily excluded from that covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which
it determines the eligibility of its principals. Each participant may, but is not required to,
check the Excluded Parties Lists System (EPLS).
18
Exhibit D (Continued)
8. Nothing contained in 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 clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible or voluntarily excluded from participation
in this transaction, in addition to: other remedies available to the.Yederal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
19
EXHIBIT E
CERTIFICATION REGARDING LOBBYING
PROCUREMENT
Certification Regarding Lobbying
Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000
in Federal funds.
Submission of this certification is a prerequisite for making or entering into this transaction and
is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of
fact upon which reliance was placed when this transaction was made or entered into. Any person
who fails to file the required 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 undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, an employee of a
Member of Congress, or any Board Member, officer, or employee of [School] Independent
School District in connection with the awarding of a Federal contract, the making of a Federal
grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, an employee of a Member of
Congress, or any Board Member, officer, or employee of [School] Independent School District in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all covered sub-awards exceeding $100,000 in Federal funds at all
appropriate tiers and that all sub-recipients shall certify and disclose accordingly.
20
Exhibit E (cont.)
Name/Address of Organization
Name/Title of Submitting Official
Signature Date
21
EXHIBIT F
STANDARD FORM-LLL, DISCLOSURE FORM TO REPORT LOBBYING
PROCUREMENT
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See next page for public burden disclosure)
Approved byOMB
034R-0046
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
_ a. initial offering
_
b. grant
_
_ b. initial award
_ b. material change
c. cooperative
_ c. post-award
_
agreement
For Material Change Only:
d. loan
Year_ Quarter
_
_ e. loan guarantee
Date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Sub-awardee, Enter Name &
Address Of Prime:
_ Prime
Sub-awardee
Tier if known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying
b. Individuals Performing Services
Entity
(Incl. Address if different from No. IOa) (last name, first name,
(If individual, last name, first name, MI):
MI):
(Attach continuation sheet(s) if necessary)
22
Vvhihit F (('nn* 1
11. Amount of Payment (check all that
13. Type of Payment (check all that apply):
apply=
a. retainer
b. one-time fee
$
c. commission
Actual Planned
d. contingent fee
12. Form of Payment, (check all that apply):
e. deferred
a. cash
_
f. other; specify:
b. in-kind; specify: nature
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or member(s) contacted for Payment Indicated in Item 11:
Attach continuation sheets if necessary)
15. Continuation Sheets 'attached: Yes
No
16. Information requested through this form is
Signature:
authorized by article 31 U.S.C. section 1352.
Print Name:
This disclosure of lobbying activities is a material
Title:
representation of fact upon which reliance was
Telephone No: Date:
placed by the tier above when this transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C.1352. This information will
be reported to the Congress semi-annually and will
be available for public inspection. Any person
who fails to file the required disclosure shall be
subject to civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Federal Use Only:
Authorized for Local
Reproduction of
Standard Form - LLL
23
Exhibit F (cont.
Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime
Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a
previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity for influencing or attempting to
influence an officer or 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 a covered Federal
action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the
form is inadequate. Complete all items that apply for both the initial filing and material change
report. Refer to the implementing guidance published by the Office of Management and Budget
for additional information.
1. Identify the type of covered Federal Action for which lobbying activity is and/or has been
secured to influence the outcome of a covered Federal Action.
2. Identify the status of the covered Federal Action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused
by a material change to the information previously reported, enter the year and quarter in
which the change occurred. Enter the date of the last previously submitted report by this
reporting entity for this covered Federal Action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting
entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the
tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1St tier. Sub-awards
include but are not limited to subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in item 4 checks "sub-awardee", then enter the full
name, address, city, state and zip code of the prime Federal recipient. Include
Congressional District, if known.
6. Enter the name of the Federal Agency making the award or loan commitment. Include at
least one organizational level below agency name, if known. For example, Department
of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal Action (item 1).
If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for
grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal Action
identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation For Bid (IFB)
number; grant announcement number; the contract, grant, or loan award number; the
application proposal control number assigned by the Federal agency). Include prefixes,
e.g., "RFP-DE-90-001. "
9. For a covered Federal Action where there has been an award or loan commitment by the
Federal agency, enter the Federal amount of the award/loan commitment for the prime
entity identified in item 4 or 5.
10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged
by the reporting entity identified in item 4 to influence the covered Federal Action.
(b.) Enter the full names of the individual(s) performing services, and include full address
if different from 10 (a). Enter last name, first name, and middle initial (MI).
24
Exhibit F (cont.)
11. Enter the amount of compensation paid or reasonably expected to be paid by the
reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment
has been made (actual) or will be made (planned). Check all boxes that apply. If this is a
material change report, enter the cumulative amount of payment made or planned to be
made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through
an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the. appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed,
or will be expected to perform, and the date(s), of any services rendered. Include all
preparatory and related activity, not just time spent in actual contact with Federal
officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),
employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-A continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and
telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes
per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Office of
Management and Budget; Paperwork Reduction Project (0348-0046), Washington, D.C.
20503.
25
Exhibit G
Clean Air and Water
(Applicable only if the contract exceeds $100,000 or the Contracting Officer has determined that
the orders under an indefinite quantity contract in any one year will exceed $100,000, or a
facility to be used has been the subject of a conviction under the Clean Air Act [41 USC 1857c-
8(c)(1) or the Federal Water Pollution Control Act [33 USC 1319(c)] and is listed by EPA, or the
contract is not otherwise exempt.)
a) The contractor agrees as follows:
i) To comply with all the requirements of Section 114 of the Clean Air Act, as amended [41
USC 1857, et seq., as amended by Public Law 91-604] and Section 308 of the Federal
Water Pollution Control Act [33 USC 1251, et seq., as amended by Public Law 92-500],
respectively, relating to inspection, monitoring, entry, reports and information as well as
other requirements specified in Section 114 and Section 308 of the Air Act and the Water
Act, respectively, and all regulations and guidelines issued hereunder before the award of
this contract.
ii) That no portion of the work required by this contract will be performed in a facility listed
on the Environmental Protection Agency List of Violating Facilities on the date when this
contract was awarded unless and until the EPA eliminates the name of such facility or
facilities from such listing.
iii) To use his best efforts to comply with clean air standards and clean water standards at the
facilities in which the contract is being performed.
iv) To insert the substance of the provisions of this clause in any nonexempt subcontract,
including this paragraph (a)(4).
b) The terms used in this clause have the following meanings:
i) The term "Air Act" means the Clean Air Act, as amended [41 USC 1857 et seq., as
amended by Public Law 91-604].
ii) The term "Water Act" means Federal Water Pollution Control Act, as amended [33 USC
1251 et seq., as amended by Public Law 92-500].
iii) The term "Clean Air Standards" means any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, or other requirements which are
contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive
Order 11738, an applicable implementation plan as described in Section 110(d) of the
Clean Air Act [42 USC 1857c-5(d)], an approved implementation procedure or plan
under Section 111(c) or Section 111(d), respectively, of the Air Act [42 USC 1857c-
6(c)(c)] or Section 111(d), respectively, of the Air Act [42 USC 1857c-6(c)(d)], or an
approved implementation procedure under Section 112(d) of the Air Act [42 USC 1857c-
7(d)].
26
Exhibit G (cont.)
iv) The term "Clean Water Standards" means any enforceable limitation, control, condition,
prohibition, standard, or other requirement which is promulgated pursuant to the Water
Act or contained in a permit issued to a discharger by the Environmental Protection
Agency or by a State under an approved program, as authorized by Section 402 of the
Water Act [33 USC 13421 or by local government to ensure compliance with
pretreatment regulations, as required by Section 307 of the Water Act [33 USC 1317].
v) The term "compliance" means compliance with clean air or water standards. Compliance
shall also mean compliance with a schedule or plan ordered or approved by a court of
competent jurisdiction, the Environmental Protection Agency or an Air or Water
Pollution Control Agency in accordance with the requirements of the Air Act or Water
Act and regulations issued pursuant thereto.
vi) The term "facility" means any building, plant, installation,. structure, mine, vessel, or
other floating craft, location or sites of operations, owned, leased or supervised by a
contractor or subcontractor to be utilized in the performance of a contract or subcontracts.
Where a location or site of operations contains or includes more than one building, plant,
installation, or structure, the entire location or site shall be deemed to be a facility except
where the Director, Office of Federal Activities, Environmental Protection Agency,
determines that independent facilities are co-located in one geographical area.
Clean Air and Water Certification
The bidder certifies as follows:
a) Any facility to be utilized in the performance of this proposed contract has has not El
been listed on the Environmental Protection Agency List of Violating Facilities.
b) He will promptly notify the Contracting Officer, prior to award, of the receipt of any
communication from the Director, Office of Federal Activities, U. S. Environmental
Protection Agency, indicating that any facility which he proposes to use for the performance
of the contract is under consideration to be listed on the EPA List of Violating Facilities.
c) He will include substantially this certification, including this paragraph c) in every
nonexempt subcontract.
(Date) Signature of Authorized Representative, Bidder
27
Exhibit H
Schedule of Applicable Laws
1. Contractor shall comply with the mandatory standards and policies relating to
energy efficiency that are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).
2. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (the "Act"), 40 U.S.C. § 327-330, as supplemented by Department of
Labor regulations, 29 CFR Part 5. Under Section 103 of the Act, FSMC shall be required to
compute the wages of every laborer on the basis of a standard workweek of 40 hours. Work in
excess of the standard workweek is permissible provided that the worker is compensated at a rate
of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in any
workweek. Section 107 of the Act provides that no laborer or mechanic shall be required to
work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous
to his health and safety as determined under construction, safety and health standards
promulgated by the Secretary of Labor.
3. Contractor shall comply with Executive Order 11246, entitled Equal Employment
Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented
in Department of Labor regulations, 41 CFR Part 60.
4. Contractor has signed the Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion, Exhibit D, which is attached herein and is incorporated by
reference and made a part of this Contract. (Reference 7 CFR § 3017.)
5. Contractor has signed the Lobbying Certification, Exhibit E, which is attached
herein and is incorporated and made apart of this Contract. If applicable, FSMC has also
completed and submitted Standard Form-LLL, Disclosure Form to Report Lobbying, Exhibit F
herein, or will complete and submit as required in accordance with its instructions included in
Exhibit F.
6. Contractor shall comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
(EPA) regulations (40 CFR Part 15), Exhibit G, which is attached herein and is incorporated by
reference and made a part of this Contract.
28
Texas Department of
Agriculture
This is to certify that the following person(s):
Food and Nutrition Division
Certificate of Authority
Form H4508
July 2008
Name of Authorized Representative (Type or print in the following order: prefix,
Title
first name, middle name or initial, last name and suffix.)
George C. Campbell
City Mana er
E-mail Address
Area Code and Telephone Number
eor e.cam bell ci ofdenton.com
94 - -8307
- Authorized
&4/11- O
Dat of Signature
Name of Authorized Representative (Type or print in the following order: prefix,
Title
first name, middle name or initial, last name and suffix.)
Kathy Schaeffer
Superintendent of Recreation Services
E-mail Address
Area Code and Telephone Number
kath .schaeffer ci ofdenton.com
940-349-8731
%-r,,, eL
is (are) designated as an Authorized Representative of
Representative
Date of Signature
Name of Contracting Organization
City of Denton
Address (Street, City, State, ZIP Code)
321 E. McKinney St., Denton, TX 76201
Program (TX) No.
1
Contract No.
Commodity Agreement No.
TX - 061-1002
75- 53006
75 -
The representative(s) designated above, and myself, acknowledge that each is individually authorized on behalf of the
contracting organization to make written agreements with the Texas Department of Agriculture (TDA) to operate a food program
,
to sign documents or reports about the agreement and to present claims for reimbursement, when appropriate, to the agency.
By signing this document, we certify individually and collectively that to the best or our knowledge and belief
all documents
,
submitted physically or electronically on behalf of the above named contracting organization pursuant to our participation in
any and all programs administered by Food and Nutrition Division, TDA, aretwill be true and correct in all respects, that they
are/will be completed according to the terms and conditions of existing agreements, including amendments, that records are/will
be available to support any and all claims and that we will not submit claims (excluding amended/adjusted claims) for goods or
services for which we have already received payment. We recognize that we are fully responsible for any excess amounts which
may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate
misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes.
Name of Official of Contracting Organization (Type or print in the following order:
Title
prefix, first name, middle name or initial, last name and suffix.)
George C. Campbell
City Manager
E-mail Address
Area Code and Telephone Number
eor e.cam bell ci ofdenton.com
-8307
nature - Official of Contracting Organization
C) ~
Dat of Sig ature
Deleted Authorized Representatives: A contracting organization may not have more than three (3) authorized representatives,
including the official of the contracting agency. If you are deleting an authorized representative, list the name(s) of the
individual(s) to be removed as authorized representative(s) below:
Name of Deleted Representative
Name of Deleted Representative
Name of Deleted Representative
rui 1 uH use unly
Received By
Date Received
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:
1. Provision of Meals
Denton Independent School District agrees to supply unitized meals inclusive of milk and juice
to the City of Denton Parks and Recreation Department. The City of Denton Parks and
Recreation Department will pick up meals at designated food preparation site and package
coolers with meals and deliver to approved SFSP sites.
Breakfast...... $ 0.00 each
Lunches $ 2.00 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 meals 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 City of Denton and Texas Department of Agriculture-Food & Nutrition Division.
IV. Compliance With Immigration 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. Energy Efficiency
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 Breach 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.
VIII. Compliance With Labor Regulations
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 mechanics 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 V/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 Employment Opportunity
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 (41CFR, 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 Program Agreement between the City of Denton and the Texas Department of
Agriculture-Food & Nutrition Division.
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 for all meals ordered on
daily basis at the rate agreed upon in this contract.
XIII. Term
The agreement shall be effective as of June 8, 2009 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 date 0 A)C~ Agreed to this date 5-16-07
Sponsor Official DISD Sponsor
Title: City Manager Title 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
r
BY: -