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2005-110S:\Our Documents\Ordinances\05\Summer Food Service 2005.doc ORDINANCE NO. 006--//0 AN ORDINANCE OF THE C1TY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2005 SUMMER FOOD SERVICE PROGRAM; lie SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEIVlENT 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 apphcation 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 Stmuner 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 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 2005 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 2005 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 . ay of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY ~.' BY: PAGE 2 State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Denton Independent School District and the City of Denton both of whom are local governmental entities authorized to enter into interlocal agreements under Chapter 791 of the Texas Government Code. (Vernon 1994) Whereas, the interlocal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in an amount that fairly compensates the Denton Independent School District for the services that it is performing. Witnesseth: I. Provision of Meals Denton Independent School District agrees to supply unitized meals inclusive of milk and juice to the City of 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 Snacks ......... $ 0.00 each Lunches ....... $ 1.90 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, a copy of which is attached as Exhibit "A" and is part of this agreement, will assume 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. IH. 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 retain 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 Department of Human Services. 1V. 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 arid 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 1½ times the basic pay rate for overtime hours worked. These requirements do not apply to the pumhase of supplies or materials ordinm'ily 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 I 1375 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 Human Services. 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 May 31, 2005 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services. 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 6/ -5--~ O~'-- Sponsor Official (~m~ ~--~-a~a Title: City Manager ATTEST: Agreed to this date Title School Boar~/President JENNIFER WALTERS, CITY SECRETARY The location of the food preparation site will be: Rayzor Elementary School 1400 Malone Denton, Texas 76207 APPROVED AS TO LEGAL FORM: Texas Depadment Form 4508 of Human Services May 2000 SPECIAL NUTRITION PROGRAM CERTIFICATION OF AUTHORITY This Is to certify that the followin Name of Authorized Representative (please type orpdnt) Kathy Schaeffer X Title Manager Name of Authorized Representative Michael Conduff is (are) designated as an Authorized Representative of Name of Conlractlng Organization Cit~ of Denton Address (Street, City, State, ZIP) 321 E. McKinney St., 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 Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropriate, to the department. 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, TDHS, are/will 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 Agency (please type orpdnt) Cty of Denton Title C t¥ Manager X ~ 'g ~ - O 'a of Con I~ting Agency 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 replacing or deleting an Authorized Representative, list the name(s)of the Individual(s)j to be removed as Authorized Name of Dbeleelt°e~:Representative IName of Deleted Representative I Name of Deleted Representative Representative(s) [ FOR DI-IS USE ONLY 75-Contract No. Received By Date Received Exhibit A STATE OF TEXAS § COUNTY OF TRAVIS § TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT The Texas Department of Human Services, hereinafter referred to as TDI-IS, City of Denton, Texas, A Texas Municipal Corporation at 321 E. McKinney St, Denton, Texas 76201 hereinafter referred to as the Contractor; do hereby:make and enter into this contract, as required by the National School Lunch Act and 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 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 Care Food Program (CACFP) 7 CFR Part 226. This agreementestabhshes or oontmues the rights and respunstbt!mes of TDHS and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this agreement continues an existing agreement, all existing terms, conditions, liabilities aud obligations of the parties under the prior agreement remain in full force and effect, except to the extent that those terms, conditions, liabilities and obligations conflict with this agreement, in which ease'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 agreementJs continued by this agreement, until terminated in accordance with this agreement. MUTUAL AGREEMENTS Thc Parties mutually agree: A. Ifthe Contractor fails to provide services in accordance with the previsions ofthis cuntract, TDHS 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 jddiciailY interpreted so that the oontinued fulfillment o f this contract, 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 contract then, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrUed interest or obligations, including audit findings, incurred up to the date of termination. C. This contract may be canceled by mutual consent. However, if such mutual consent cannot be attained, then and in that · event, either party to this contract may consider it to be canceled without cause by giving thirty (30) days notice in writing to the other party'and this contract shall thereupon be canceled upon the expiration of such thirty (30) day period. Nothing in this paragraph shall be construed to prohibit iramediate cancellation pursuant to above paragraphs A and/or B. II. CONTRACTOR PROGRAM ADMINISTI~,TION AND FINANCIAL MANAGEMENT A. The Contractor will ~omply 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 8late, Local Governments, and Non-Profit Organizations (_7 CFR. 3052, as amended)and state policies and procedures as issued and amended by TDHS. The Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents, and approved amendments, t.o the application) for participation in the designated program. B. The Contract0r accepts f'mal administrative and financial responsibility for food service operations in each school, summer feeding site, and child and/or adult care 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 TDHS or USDA and Will be responsible for the collections and payback of any amount paid in excess of thy pro. per claim amount. C. 'The COntractor submits fo~'TDHS approval only those applifiati0ns for sit~s which have delegated Lhe authority for the administration of food se/vice operations to the Contractor or which have executed subagreements with the Contractor for the administration of food services operations. D. Contractors participating in the NSLP agree . -- . · 1.. ~thatthe~~~ia~signingtheC~almf~rReimbursementwi~~b~resp~nsib~ef~rreviewingandana~yzingmea~ · counts to ensure accuracy and c0mplianee with federal regulations. 2. to anter into an agreement to. receive donated foods a? required by federal regulations, and . 3. to price lunch as a unit E. Contractors participating inthe CACFP provide or accept responsibility for the provision oforganized, non-residential child · day Care and will immediately report to The Texas Depamnent of Protective and Regulatory Services CIDPRS) Licensing or Child ProteCtive Services staff, any suspected violations of TDPRS Licensing standards or suspected abUSe of children in sponsored centers or day homes. · ' ' ' RECORD KEEPING A. The Contractor will keep financial and supporting documents, statistical records, and any other records pertineni to the services for which a claim was submitted in the manner and detail prescribed by TDHS. The records and documents will be kept for a mlninaum_ of 3 years and 90 days after the termination of the federal fiscal year for the relevant program. If anylitigation, claim, or audit involving these records begins before such period exph'es, the Contractor will keep the records and decuments for not tess than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The case is cansidered resolved when there is a final order issued in litigation, or a Written agreement is entered into between TDHS and the Contractor. The Contractor will keep records of non;expendable property acquired under the contract for 3 years and 90 days after final disposition of the property. B. Tae C0ntractor and its subcontrac{ors will allow TDHs and USDA officials and other appr0pdate °fficials determined bY TDHS toinspect facilities and records and to audit, examine, aad copy records at any ressonable time. This includes access to all records of costs paid, even in part, by TDHS. :. C. The CuntractoJ ahd its subconiractors will 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 shal! not be conStrued as limiting the Department's fight of access to recipient ease records or other information relating to clients served gnder this contract. D The Contractor certifies that the gcods and/or service(s) cavered by this cantraet are designated t0 be USed prior to, during, and after calendar year 2000 AD. 'The goods and/or service(s) will be operated during such time periods without error relating to date which represents different centuries or more than one century. IV. CIVIL RIGHTS POLICY COMPLIANCE A. The 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 Jnstice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations. Section 504 of the Rehabilitation Act 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 15a), the Age Discrimination Act of 1975 (Public Law 94-!35), 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 Adrrdinstrative 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 HIX0. The contractor hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. B. This assurance is given in considemti0n of and for the purpose of obtaining gny and all federal fmancial 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 furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the TDHS. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the 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 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 TDHS, 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, TDHS, USDA and FNS have the fight to seek judicial enforcement oft.his 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 the department. The person whose signature appears on this contract is anthofized to sign this assurance on the behalf of the Contractor. D. A religious or charitable organiTation 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, TDHS 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 bc subject to audit. However, neither TDHS's selection ora charitable or faith-based contractor of services nor thc expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this contract is the 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 TDHS's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider~s charitable or religions character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religions 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 assigmnent to a different provider. If you believe that your fights have been violated, please discuss the complaint with your provider or notify your local TDHS Special Nutrition Programs office.' Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act 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 TDHS to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. TDHS CLAIMS PAYMENT A. TDHS will, subject to the federal appropriation and availability to TDHS 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 TDHS based on the date of receip[ of a fully executed copy of this agreement. B. In accordance with Section 403.055(h) of the Govemme. nt Code; as'added by Act 0fMay 19, 1999; 76th Leg. R.S., ch. 5~3, See. 1, 1999 Tex. Sess. Law Ser. 3125 (Vernon), 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 that the comptroller administers or Collects until the indebtedness or delinquency is paid in full. This clause does not apply if federal law requires payment to be made to the contractor for goods and services provided in support of any of the USDA child and adult nutrition programs, and may not apply if federal law conditions the receipt of the money for these goods or services.to the state on the basis of payment being made to the contractor. IMMIGRA. TION ' Thc 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, 1[~86, who will perform any labor or services under this contract. 'CERTIFICATION A. R`egarding Debann~nt~ Snspension~ ~n~igibi~ity~ ~r ¥~unta~y Exc~usi~n F~r C~vered C~ntmcts ~ The c~nt/ract~r .certifies, by execution of this agreement, that neither it nor its Principals is presently debarred, suspended, proposed for debarment, declared ineligible, m: voluntarily excluded from participating in this contract by any federal department or agency or by thc S!ate of Texas. By making this certification the contractor agrees to the following terms: i. The above certification is a material representatian of fact upon which reliance was based when this c0ntract was ' entered into. If~t is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, .Un, ted State ' . Department of Agriculture or 6ther federal department of agency, or the Texas Dspar~ment'of Human Services may pursue available remedies, including suspension and/o,~ debarment. 2. The contractor shall provide immediate written n°tice :to the'person to which this certifieatinn is submitted if at any time the contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed ¢~rCumstances. 3. The words "covered contract," "debarred,'"snspended," ~'ine!igible," "participant," "~erson,, "principal,'; "proposal," and voluntarily excluded," as used in this certification have meanings based upon'materials in the Definitions and Coverage sections of federal roles implementing Executive:Order 1.2549. Usageis defined in the attachment. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter imo any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Human Services, as applicable. 'B. go VII. CERTIFICATION (Continued) The contractor further agrees by submitting this certification that it will include TDHS Form 2046 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 ora subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each renewal. 7. Nothing contained in all 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 certification document. The knowledge and information ora · eontraet0r is not rrqu!red to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for contracts authorized under paragraph 4 of ~hese terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliancewasplaced when this transaction was made or entered into. Submission of this certification is a prerequisite for making or~antering into this transaction imposed by section 1352, title 31, U.S. Code. 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 $I09,~00 for each such failure~ The contractor certifies, to the best of his or her knowledge and belief, 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 ~o 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, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The contractor shall'require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loanS, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. The'contractor certifies that if it is a corporation, it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. 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. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. EFFECTIVE DATE AND SIGNATURES The parties hereto in their capacities stated, affix their signatixres and bind themselves for the faitlfful perfonnance of the terms of this eontrant pUrSuant to'participation in the following program or programs:. National School Lunch Program School''Bteakfast Program Special Milk Program · City o~ Banknn Name of ContraCting Organization (Please print o[ type) . .,,..~ ..... Mike CondUff Name of Official Signing (Please print or type) · ,. I I Child' and Adult Care Food Program' Summer Food Service Program . ~ignature ofchai/m~fJfie boar o irect0rs . or other official who tra~been authorized to sign contracts on behalf of ~he contracting organization. City Manaqer · Title of Official -... · (Please print or tYPe) TExAs DEPARTMENT OF HUMAN SERVICES ' · TDHS Representative until terminated. Approved for Form bY OGC: Si_creature on file ' Revised May 2001 APPROVED AS TO FORM: CITY ATTORNEy'S' ~