2007-085S:\Our Documents\Ordinances\07\Summer Food Service 2007.doc
ORDINANCE NO. ~/~~ 7- ~~J
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 2007 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
apart of this ordinance for all purposes, to provide meals for eligible individuals at the various sites,
and such other documents and certifications as aze necessary to carry out the 2007 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 2007 Summer Food
Service Program is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. // LL~ /
PASSED AND APPROVED this the ~77Lday of / L , 2007.
~C,~C
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
sY: C
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
PAGE2
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Exhibit A
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SPECIAL NUTRITION PROGRAMS
AGREEMENT
STATE OF TEXAS§
COUNTY OF TRAVIS.§
The Texas Health and Human Services Commission, hereinafter referred to as HHSC,
AND
City of Denton, Texas, A Texas Municipal Corp
at 321 E. McKinney St., Denton, TX 76201
hereinafter referred to as the Contractor, do hereby make and enter intothis contract, as required by the National School Lunch Act .
and [he 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 Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program
(SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7 CFR Part 225; and the Child and Adult Caze Food Program
(CACFP) 7 CFR Part 226.
This agreement establishes or continues [he rights and responsibilities of HHSC and the Contractor pursuant to [he Contractor's
participation in one or more of the above named programs as stipulated herein. If this agreement continues as an existing
agreement, all existing terms, conditions, liabilities and obligations of the parties under the prior agreement remain m full force
and effect, except to the extent that those terms, conditions, liabilities and obligations conflict with this-.agreement, in which case
this agreement takes precedence.
By signing this agreement, both parties are bound by its terms and conditions from its beginning effective date, or.the beginning
effective date of any prior agreements continued by this agreement, until terminated in accordance with this agreement.
I.
MUTUAL AGREEMENTS
The Parties mutually agree:
A. If [he Contractor fails [o provide services in accordance with [he provisions of this contract, HHSC may; upon written notice
of default to the Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for
reimbursement, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies
provided by law or under this contract.
B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this
contract, on the part of either party, is substantially unreasonable or impossible, or if the parties aze unable to agree upon any
amendment which would therefore be needed to enable the substantial continuation of the services contemplated by this
contract then, the parties shall be dischazged~from any further obligations created under the terms of this contract, except for
the equitable settlement of the respective accrued-interest of obligations, including audit findings, incurred up to the date of
termination.
II.
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. The Con[mctor will comply with the.applicable regulations for 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), Audits of State, Local Governments,
and Non-Profit Organizations (7 CFR 3052, as amended) and state policies and procedures as issued and amended by HHSC.
II.
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
(Continued)
The Contractor further agrees to perform as described in its application (including its Policy statement and supporting
documents, and approved amendments to the application) for participation in the designated program.
B. The Contractor accepts final administrative and financialresponsibility for food service operations in each school, summer
feeding site, and child and/or adult.caze facility, hereinafter referred to as a site, operated or sponsored by the Contractor. The
responsibility includes any audit exceptions or payment deficiency in the program covered .by this contract; and all
subcontracts hereunder, which are found after monitoring or auditing by HHSC or USDA and will be responsible for the
collections and payback of any amount paid in excess of [he proper claim amount.
C. The Contractor submits for HHSC approval only those applications for sites which have delegated the authority for the
administration of food service operations to the Contractor or which have executed sub agreements with [he Contractor for [he
administration of food services operations.
D. Contractors participating m the NSLP agree:
1. That the official signing [he Claim for Reimbursement will be responsible for reviewing and analyzing meal
counts to ensure accuracy and compliance with federal regulations -
2. To enter into an agreement to receive donated foods as required by federal regulations
3. To price the lunch as a unit
4. To claim reimbursement at the assigned rates only for reimbrrsable free, reduced price and paid lunches served
to eligible children in accordance with 7 CFR part 210
5. 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 HHSC
6. Limit its net cash resources [o an amount that does not exceed 3 months average expenditures for its nonprofit
school food service or such other amount as may be approved in accordance with 7 CFR §210.19(a); and
7. Maintain a financial management system as prescribed under 7 CFR §210.14(c)
E. Contractors participating in the CACFP shall provide or accept responsibility for the provision of organized, non-residential
child day care and will immediately report to the Texas Deparhnent of Family and Protective Services (DFPS) Licensing or
Child Protective Services staff, any suspected violations of DFPS Licensing standards or suspected abuse of children in
sponsored centers or day homes.
F. CONTRACTOR understands that acceptance of funds under this Contract acts as acceptance of the authority of the State
Auditor's Office ("SAO"), or any successor agency, to conduct an investigation in connection wi0t 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 [hat 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 awazds.
III.
RECORD KEEPING
A. The Contractor will 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 HHSC. Unless otherwise provided by state or
federal law, the records and documents wiil be kept for a minimum of 3 years and 90 days after the termination of the federal
fiscal year for the relevant program. if any litigation, claim, or audit involving these records begins before such period expires,
the Contractor will keep the records and documents for not less than 3 yeazs and 90 days and until all litigation, claims or
audit findings aze resolved. The case is considered resolved when there is a final order issued in litigation, or a written
agreement is entered into between HHSC and the Contractor. The Contractor will keep records of non-expendable property
acquired under [he contract for 3 years and 90 days after £mal disposition of the property.
B. The Contractor and its subcontractors will allow HHSC and USDA officials and other appropriate officials determined by
HHSC to inspect facilities and records and to audit, examine, and copy records at any reasonable time. This includes access to
all records of costs paid, even ut part, by HHSC.
u.
RECORD KEEPING
(Continued)
C. The Contractor and its subcontractors will establish a method to secure [he confidentiality of records and other information
relating to clients in accordance with the applicable federal law, roles, and regulations, as well as the applicable state law and
regulations. The provision shall not be constmed as limiting the Department's right of access to recipient case records or other
information relating to clients served under this contract.
IV.
CIVIL RIGHTS POLICY COMPLIANCE
A. The Contractor agrees to comply with Title VI of [he Civil Rights Ac[ of 1964 (Public Law 88-352) and all requirements
imposed by the regulations of the Department of Agriculture (7 CFR Part I5), Department of Justice (28 CFR Parts 42 and 50)
and FNS directives or regulations issued pursuant [o that ac[ and [he regulations. Section 504 of [he Rehabilitation Ac[ of 1973
(public Law 93-112), the Americans with Disabilities Act of 1990 (public Law 101-336), Title IX of the Education
Amendments of 1972 (7 CFR Part ISa), the Age Discrimination Act of 1975 (Public Law 94-135), and all amendments to
each, and all requirements imposed by the regulations issued pursuant to these acts. In addition the contractor agrees to
comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no person in the United States
shall, on the ground of race, color, national origin, sex, age, disability, political beliefs, or religion be excluded from
participation in, or denied any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be
subjected to discrimination. The contractor also agrees to comply with Health and Safety Code Section 85.113 (relating to
workplace and confidentiality guidelines regarding AIDS and HIV).
Additionally, Title VI of the Civil Rights Act ~of 1964, and its implementing regulations at 45 CFR, Part 80 or 7 GFR, Part I5,
prohibit a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or
limiting the participation of clients in its programs, benefits, or activities, on the basis of national origin Also, 40 TAG, Part
1, §73.206 requires contractors to provide alternative methods for ensrring access to services for applicants and recipients
who cannot express themselves fluently in English. Accordingly, the contractor agrees to ensure that its policies do not have
the effect of excluding or limiting the participation of persons in its programs and activities, on the basis of national origin.
The contractor also agrees [o take reasonable steps [o provide services and information, both orally and in writing, in
appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively
informed and can effectively participate in and benett from its programs. The Contractor accepts final administrative
responsibility for ensuring that its subcontractors take reasonable steps to provide services and information, both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are
effectively informed and can effectively participate in and benefit from that subcontractor's programs and services.
The contractor hereby gives assurance that it will immediately take any measures necessary to comply with this subsection
B. 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 which is reduced for the
purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or fitmishing of
services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the
Iif-ISC. This includes any federal agreement, arrangement, or other contract [ha[ has as one of its purposes the provision of
cash assistance for the purchase of food, and cash assistance for purchase or rental of fbod service equipment or any other
financial assistance extended in reliance on the representation and agreements made in this assurance.
C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of
the above Acts and permit authorized HHSC, USDA and FNS 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,
IiIiSC, USDA and FNS have [he right to seek judicial enforcement of this assurance. This assurance is binding on [he
Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance
from the department. The person whose signature appears on this contract is authorized to sign [his assurance on the behalf of
the Contractor.
IV.
CIVIL RIGHTS POLICY COMPLIANCE
(Continued)
D. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The
contractor retains its independence from State and local governments, including the contractor's control over the definition,
development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, Ii11SC shall not
interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove
religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the
government funds provided under the contract, then only the financial assistance provided by these funds will be subject to
audit. however, neither HHSC's selection of a charitable or faith-based contractor of services nor the expenditure of fiords
under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose
of this contract is [he provision of services; no State expenditures have as their objective the funding of sectarian worship,
instructions, or proselytization.
A charitable or faith-based provider of services under this contract shall reasonably apprise all assisted individuals of the
following: "Neither HHSC' s selection of a charitable or faith-based provider of services nor the expenditure of funds under
this contract is an endorsement of the providers charitable or religious character, practices, or expression. No provider of
services may discriminate against you on the basis of religion, a religious belief, or your refusal to participate in a religious
practice. If you object to.a particular provider because of its religious character, you may request assignment to a different
provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your
local IiIiSC Special Nutrition Programs office.
Section 104 of The Personal Responsibility and work Opportunity Reconciliation Ac[ of 1996. 42 U.S.C. § 604a, sets forth
certain additional rights and responsibilities for charitable and faith-based providers of services, certain additional rights of
assisted individuals, and certain additional responsibilities of 1-II1SC to these providers and assisted individuals. This contract
is subject [o those additional rights and responsibilities.
V.
HHSC CLAIMS PAYMENT
A. FIFISC will, subject to the federal appropriation and availability to HHSC of sufficient funds for the applicable program, make
program payment to the Contractor in accordance with the terms of this agreement 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 IiFISC based on the date of receipt of a fully executed copy of this agreemem
This paragraph is pursuant to §2252.903 of the Government Code. Any payments owing to the contractor under this contract
will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or
delinquency in payment of taxes [hat the comptroller administers or collects until the indebtedness or delinquency is paid in
full.
VI.
IMMIGRATION
The Contractor- agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment
verification and retention of verification fortes for any individuals hired after November 6, 1986, who will perform any labor or
services under this contract.
Vll.
CERTIFICATION
A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts -The commetor certifies, by
execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed tar debarment, declared
ineligible, or voluntarily excluded from participating in this contract by any federal department or agency or by the Slate of
Texas. By making this certification the contractor agrees to the following terms:
VII.
CERTIFlCAT10N
(Continued)
The above certification is a material representation of fact upon which reliance was based when this contract was
entered into. If it is later determined [hat the contractor knowingly rendered an erroneous certification, in addition to
other remedies available [o [he federal govemment, [he Department of Health and Human Services, United States
Department of Agrieulmre or other federal department of agency, or the Texas health and human Services
Commission may pursue available remedies, including suspension and/or debarment. The contractor shall provide
immediate written notice to the person to which this certification is submitted if at any time the contractor teams that
the certification was eroneous when submitted or has become erroneous by reason of changed circumstances.
2. The words "covered contract," "debarred," suspended," "ineligible," "participant," "person," "principal," "proposal,"
and voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and
overage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment.
3. The contractor agrees by submitting [his certification that, should [he proposed covered contract be entered into, it
shall not knowingly enter into any subcontract with a person who is debared, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the Deparment of Health
and Human Services, United States Department of Agriculmre or other federal department or agency, and/or the
Texas Health and 1-luman Services Commission, as applicable.
5. The contractor further agrees by submitting this certification that it will include IitISC Form titled "Certification
Regarding Debarment, Suspension, Ineligibility,. and Voluntary Exclusion for Covered Contracts" without
modification, in all covered subcontracts and in all solicitation for all covered subcontracts.
6. ~ A contractor may rely upon a certification of a subcontractor that it is no[ debared, suspended, ineligible, or
voluntazily excluded from the covered conVact, unless it knows that the certification is eroneous. A contractor must,
a[ a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each
renewal. -
Nothing contained in all the foregoing shall be constmed to require establishment of a system of records in order to render
in good faith the certification required by this certification document The knowledge and information of a contractor is
not required to exceed that which is normally possessed by a pendent person in the ordinary course of business dealings.
7. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly
enters into a covered subcontract with a person who is suspended, debared, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the federal govemment, Department - of
Health and Human Services, United States Department of Agriculture, or other federal department or agency, as
applicable, and/or the Texas Health and Human Services Commission may pursue available remedies, including
suspension and/or debarment.
B. Regarding Federal Lobbying -This certification applies only to this contract and is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required
certification shall be subject [o a civil penalty of not less than $10,000 and not more than $100,000 for each such failure..
The contractor certifies, to the best of his or her knowledge and belie}; that:
No federally 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, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement
If any funds other than federally 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, or an
employee of a member of Congress in connection with this federally funded contract, subcontract, sub grant, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instmetions.
vu.
CERTIFICATION
(Continued)
The contractor shall require that [he language of this certification be included in the award documents for all covered sub
awards a[ all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that
all covered sub recipients shall certify and disclose accordingly.
C. Regarding Conflicts of Interest-The contractor agrees to comply with applicable state and federal laws, rules and regulations
regarding conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest
and will not acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this
Agreement.
Contractor will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents
the appearance of personal or organizational conflict of interest, or personal gain. Contractor will operate with complete
independence and objectivity without actual, potential or apparent conflict of interest with respect to the activities conducted
under this Agreement with the State of Texas. -
An organizational conflict of interest is a set of facts or circumstances, a relationship, or other situation under which a
contractor, or a subcontractor has past, present, or currently planned personal or financial activities or interests that either
directly or indirectly:
I. Impairs or diminishes the offerors, contractor's, or subcontractor's ability to render impartial or objective assistance or
advice to HHSC; or
2. Provides the contractor or subcontractor an unfair competitive advantage in future HHSC procurements.
Except as otherwise disclosed and approved by IiIiSC prior to the Effective Dale of the Agreement, Contractor warrants that,
as of the Effective Date and to the best of its knowledge and belief, there are no relevant facts or circumstances that could give
rise to organizational conflict of interest affecting this Agreement. Contractor affirms that it has neither given, nor intends to
give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant or any employee or representative of same, at any time during the procurement process or in
connection with the procurement process except as allowed under relevant state and federal law.
Contractor agrees that, if after the Effective Date, Contractor discovers or is made aware of an organizational conflict of
interest, Contractor will immediately and fully disclose such interest in writing to the FIHSC Special Nutrition Programs. In
addition, Contractor must promptly disclose any relationship that might be perceived or represented as a conflict after its
discovery by Contractor or by HHSC as a potential conflict. IiHSC reserves the right to make a final determination regarding
the existence of conflicts of interest, and Contractor agrees to abide by HHSC's decision.
The disclosure will include a description of [he action(s) that Contractor has taken or proposes to take to avoid or mitigate
such conflicts.
If HHSC determines that an organizational conflict of interest exists, HHSC may, at its discretion, terminate [he contract. If
HHSC determines [hat Contractor was aware of an organizational conflict of interest before the award of this Agreement and
did not disclose the conflict to the contracting officer, such nondisclosure will be considered a material breach of the
Agreement Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or
appropriate Stale or Federal law enforcement officials for further action.
Contractor must include [he provisions of this Section C in all subcontracts for work to be performed similar to the service
provided by Contractor and the [erns "Agreement" with the terms "Contractor" and "1-IHSC" modified appropriately to
preserve [he State's rights.
Contractor has not retained or promised to retain any person or company, or utilized or promised to utilize a consultant that
participated in IiHSC's development of specific criteria of the Agreement or who participated in [he approval of the
Contractor for this Agreement.
Contractor will not recruit or employ any HtISC professional or technical personnel who have worked on projects relating to
the subject matter of this Agreement, or who have had any influence on decisions affecting the subject matter of this
Agreement, for two (2) years following the completion of this Agreement.
vn.
CERTIFICATION
(Continued)
Contractor certifies to its understanding and agreement regarding ConFlicts of Interest.
The contractor certifies that if it is a corporation, it is either afor-profit corporation that is not delinquent in its franchise tax
payments [o [he State of Texas, or is anon-profit corporation or is otherwise not subject to payment of franchise taxes to the
Slate of Texas.
D. The contractor certifies that all information submitted pursuant to this agreement is true and correct. The contractor
understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in
prosecution under applicable state and federal statutes.
E. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this
contract, bid, or application, and any individual who is a partner, shareholder, or owner with at least 25% interest in the
business entity, is not ineligible to receive the specified grant, loan, orb payment and acknowledges that this contract may be
[etminated and payment may be withheld if this certification is inaccurate.
VI11.
TERM AND TERMINATION
In addition to other provisions of this article allowing termination, this Agreement will terminate upon the Expiration Date unless
extended in accordance with the terms of this Agreement, or terminated sooner under the terms of this Agreement. Prior to
completion of the Initial Term and any extensions or renewal thereof, all or a part of this Agreement may be terminated for any of
the following reasons:
(a) Termination by mutual agreement of the Parties.
This Agreement may be terminated by mutual agreement of the Parties. Such agreement must be in writing.
(b) Termination in the best interest of the State.
lil{SC may terminate the Agreement at any time when, in its sole discretion, HHSC determines that termination is in the best
interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination.
(c) Termination for cause.
lil[SC reserves the right to terminate this Agreement, in whole or in part, upon the following conditions:
(1) Assignment for the benefit of creditors, appointment of receiver or inability to pay debts.
IitISC may terminate this Agreement if CONTRACTOR:
(A) Makes an assignment for the benefit of its creditors;
(B) Admits in writing its suability to pay its debts generally as they become due; or
i
(C) Consents to the appointment of a receiver, trustee, or liquidator of CONTRACTOR or of all or any part of its
property.
(2) Failure to adhere to laws, rules, ordinances, or orders.
HHSC may terminate this Agreement if a court of competen[jurisdiction finds CONTRACTOR tailed to adhere [o any
laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or
substantially impairs performance of CONTRACTOR'S duties under this Agreement.
(3) Breach of confidemiality.
HHSC may terminate this Agreement if CONTRACTOR breaches confidentiality laws with respect to the Services and
Deliverables provided under this Agreement.
(4) Failure to maintain adequate personnel or resources.
HHSC may terminate this Agreement if, after providing notice and an opportmity to correct, 1-IIiSC determines that
CONTRACTOR has failed to supply personnel or resources and such failure results in CONTRACTOR'S' inability [o fulfill its
duties under this Agreement
vol.
TERM AND TERMINATION
(Continued)
(5) Termination for gifts and gratuities.
(A) HHSC may terminate [his Agreement following the determination by a competent judicial or quasi-judicial
authority and CONTRACTOR'S exhaustion of all legal remedies that CONTRACTOR, its employees,
agents or representatives have either offered or given any thing of value an officer or employee of IiIiSC or
[he State of Texas in violation of state law.
(B) CONTRACTOR must include a similar provision in each of its subcontracts and shall enforce this provision
against a subcontractor who has offered or given any thing of value to any of the persons or entities described in this
Section, whether or no[ [he offer or gift was in CONTRACTOR'S behalf.
(C) Termination of a subcontract by CONTRACTOR pursuant to this provision will not be a cause for termination of
the Agreement unless:
(I) CONTRACTOR fails to replace such terminated subcontractor within a reasonable time; and
(2) Such failure constitutes Cause as described in this Section.
(D) For purposes of this Section, a "thing of value" means any item of tangible or intangible property that has a
monetary value of more than $50.00 and includes, but is not limited to, cash, fbod, lodging, entertainment, and charitable
contributions. The term does not include contributions to holders of public office or candidates for public office that are
paid and reported in accordance with State and/or Federal law.
(6) Termination for non-appropriation of fiords.
Notwithstanding any other provision of this Agreement, if funds for [he continued fulfillment of this Agreement by
HHSC are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise,
then t11iSC 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.
(7) Judgment and execution)
(A) HIiSC may terminate the Agreement ifjudgment for the payment of money in excess of $500,000.00 that is not
covered by insurance, is rendered by any court or governmental body against CONTRACTOR, and CONTRACTOR does
not:
(I) Discharge thejudgment or provide for its discharge in accordance with the terms of thejudgment;
(2) Procure a stay of execution of thejudgment within 30 days from the date of entry thereof; or
(3) Perfect an appeal of such judgment and cause the execution of such judgment to be stayed during the appeal,
providing such financial reserves as may be required under generally accepted accounting principles.
(B) If a writ or warant of attachment or any similar process is issued by any court against all or any material portion of
the property of CONTRACTOR, and such writ or warrant of attachment or any similar process is not released or bonded
within 30 days after its entry, HHSC may terminate the Agreement in accordance with this Section.
(8) Termination for insolvency.
(A) IiIiSC may terminate the Agreement if CONTRACTOR:
(I) Files for bankntptcy;
(2) Becomes or is declared insolvent, or is the subject of any proceedings related to
its liquidation, insolvency, or the appointment of a receiver or similar officer for it;
(3) Makes an assignment for the benefit of all or substantially all of its creditors; or
(4) Enters into an Agreement for the composition, extension, or readjustment of substantially all of its obligations.
(B) CONTRACTOR agrees [o pay for all reasonable expenses of fIHSC including the cost of counsel, incident to:
(1) The enforcement of payment of all obligations of the CONTRACTOR by any action or participation in, or in
connection with a case or proceeding under Chapters 7, 11, or 13 of the United States Bankruptcy Code, or any successor
statute;
VIII.
TERM AND TERMINATION
(Continued)
(2) A case or proceeding involving a receiver or other similar officer duly appointed to handle the CONTRACTOR'
business; or
(3) A case or proceeding in a Stale court initiated by HHSC when previous collection attempts have been unsuccessful.
(9) Termination for CONTRACTOR'S material breach of the Agreement.
HHSC will have the tight to terminate [he Agreement in whole or in part if HHSC determines, at its sole discretion, that
CONTRACTOR has materially breached the Agreement.
IX.
EFFECTIVE DATE AND SIGNATURES
The parties hereto in their capacities stated, affix their signatures and bind themselves for [he faithful performance of the terms of
[his contract pursuant to participation in the following program or programs:
National School Lunch Program
School Breakfast Program
Special Milk Program
City of Denton
Name of Contmchng~Organization
(Please print or type)
Georges r l'amnhall
Name of Officral Signing
(Please print or type)
Child and Adult Caze Food Progrnm
XX Summer Food Service Program
~_
rgnature chairman of the board of directors
or other official who has been authorized to sign
contracts on behalf of the contracting organization.
City Manager
Title of0fficral
(Please print or type)
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Effective
By:
until terminated
Date: ~' ~~
Approved for Form by OGC: Sienature on file
Revised July 2005
RECD E~AY ~~ 2001
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 Citv of Denton Parks and Recreation Department. The City of Denton Parks and
Recreation Department will pickup meals at designated food preparation site and package
coolers with meals and deliver to approved SFSP sites.
Breakfast...... $ 0.00 each
Lunches.......$ 1.90 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 repotted to the institution promptly at the end of each week. Denton
Indenendent 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 The Texas Health & Human Services Commission.
IV. Compliance With Immigration Laws
The Denton Indenendent 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 Efficiencv
The Denton Indenendent School District agrees to comply with the required mandatory
standards and policies concerning energy efficiency contained in the Texas Energy Conservation
Plan issued incompliance 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 Reeulations
The Denton Indenendent 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 1 ~/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 Indenendent School District agrees to comply with Executive Otder 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 Proeram Aereement between the City of Denton and the Texas Health &
Human Services Commission.
XI. Remedv For Breach
If the Denton Independent School District fails to provide services in accordance with the
provisions of this contract, the Citv 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 Indenendent 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 May 29.2007 and shall have the same term as the
Summer Food Program Agreement between the City of Denton and the Texas Health & Human
Services Commission. 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 / ~ ~~7 Agreed to this date March 13, 2007
Sponsor Official DISD Sponsor
Q -)°.~,
Title: City Manager Title School Board President
The location of the food preparation site will be:
Rayzor Elementary School
1400 Malone
Denton, Texas 76207
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Texas Health and Human
Services Commission
This is to certify that the following person(s):
Special Nutrition Programs
Certificate of Authority
Form H4508
February 2007
Name of Authorized Representative (Type or print in the following order: prefix, Title
first name, middle name or initial, last name and suffx.)
Geor e C. Cam bell Cit Mana er
E-mail Address Area Code and Telephone Number
eor e.cam bell cit ofdenton.com 940-349-8307
Representative
D to of Si nature
Name of Authorized Representative (Type or print in the following order: prefix, Title
first name, middle name or initial, last name and suffix.)
Kath Schaeffer Pro ram Area Mana er
E-mail Address Area Code and Telephone Number
kath .schaeffer cit ofdenton.com _ 940-349-8731
3'~ ~`~
Date of Signature
is (are) designated as an Authorized Representative of
Name of Contracting Organization
Cit of Denton
Address (Street, City, State, ZIP Code)
321 E. McKinne Street, Denton, TX 76201
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 Health and Human Services Commission (HHSC) 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 Special Nutrition Programs, HHSC, arelwill 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 arelwill
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 Oifcial of Contracting Organization (Type or print in the following order: Title
prefix, first name, middle name or initial, last name and suffix.)
Geor e C. Cam bell Cit Mana er
E-mail Address ~ Area Code and Telephone Number
eor e.cam bell cit ofdenton.com 40-349-8307
-Official of
D le of S gnature
Deleted Authorized Representatives: Acontracting 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
F•or HHSC Use Onl
Contract No. Received By Date Received
75 -