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ORDINANCE N~. 1
AN QRDINANCE OF THE CITY OF D~NTON, T~~A, AI~THOR~~IN~x THE CITY
MANAGER T~ EEC~TE A CONTRACT KITH THE DENTON INDEPENDENT SCHOOL
DI~TRJCT FOR THE bolo U11~E~ FOOD ER~ICE PROCRANi, AUTHOR~~ZN~ THE
~~PENDITURE OF F~CTND TO ADMINISTER THE PROORA~I; AND PRO~IDING~ AN
~FFECTI~E DATE.
IEREA, the City of Denton and tl~e Denton Independent school District mutually agree
to provide meals for eligible individuals; NOS, THEREFORE,
THE COUNCIL TAE CITY OF DENTON HEREBY ORDAIN;
SECTION 1. The C1ty tanager is hereby authorized to execute a Contract with the Denton
Independent school D~stl~ct, substantially in the fot~rn ofthe contract which is attached to and made
a part of this ordinance for all purposes, to provide meals for eligible indi~riduals at the carious sites,
and such other documents and ce~tificatians as ate necessat~ to carry out the ~O10 hummer Food
ez~ice Program and to handle all f scat and adrninistrati~re rnatters relating to the prog~~am,
SECTION The expenditure of finds necessat~y to administe~~ the I ~ un~mer Food
e~~ice Prog~~arn is hereby authorised.
SECTION 3. This ordinance shall become effeeti~e immediately upon its passage and
approval.
PAED AND APPROVED this the ~ day of 20I0.
MARK A. BU AYOR
ATTEST:
JENNIFER ALTER, CITY SECRETARY
BY;
APPROVED A TO LEGAL FORN~:
ANITA B~JRCE, CrTY ATTORNEY
EY:
~a~e o~ Teas
County Der~t~n
A~~~II~ENT T FI~I~NI~I ~II~
ITS F I~~I~T
n~
I~~N'~1~ II~D~PEI~I~~NT ~L ~I'~~IT ~I~
I
TINS ~CRE~EI~T i5 made and entered into b~ and be#~een the Denton Independent School
~1StClct end the C1 ofDenton both of whom are local governmental entities authorized to enter
inta interlocal agreemen#s under Chapter 791 ofthe Teas government Code, ~~eon 1994}
whereas, the interlocal agreement contemplates the perfo~~nance offunction or ser~ice5 that
each pally to t111S contt'act is au#horized to pe1'form 1nd1v1duall~,
whereas, that the Clty of Denton 15 making pagrnnt under this agl'~~tll~nt 1~Vh~ch It Is funding
from payments from cu~y'ent revenue; whereas, the payments provided bar the City ofDenton are
in an amount that fairly compensates the Denton Independent School Dist~~ict for the services that
1$15 pal"~0~'1.111I1~,
1tn~5S~th~
I. Provision l1~ea15
Denton Independent School District agrees to supple ~niti~ed mea15 inclusive of milk and juice
to the Cit ofDenton Parks and Rec~'eation De artment. The Ci#~ of Denton Parks and
recreation De artment X111 pick up mea15 at designated food preparation site and package
Gaolers with meals and deli~rer to approved S~SP sites.
Breakfast. , . , , , O,oo each Lunches...... , ,0o each
Snacks. , , , , , , , x.00 each Suppel'.. ■ , , , . , each
i
II, 1Vlenu Records
It is further agreed that the Damon Independent school District pursuant to the pro~islons of the
hummer load et~vice Program Regulations, mill assure that said meals meet the minimum
requirements as to nutritive value and content as outlined in the LI,~,D,A~'s sponsor Meal
Preparation Plandboal~, and will maintain full and accurate recordings of such, including the
following;
1. Menu Records, including amount of food prepared,
Meals, including daily number of meals deli~exed by type
IiI, Retention of Records
These records must be repotted to the institution promptly at the end of each weep. Denton
Independent chaol District agrees also to retain records required under the preceding clause far
a period of three years and 9a days after the end of the contract period, If audits, claims or
litigation have not been resal~red, all records rrlust be retained beyond the required tirrre period
until all issues are resolved in accordance with the hummer Food service Program Agreement
between The it~r of Denton and Texas Department ofAgriculture-food Nutrition Di~rision,,
ITT, a~npliance i~h Immigration haws
The Dentin Inde endent school District agrees to carnply v~ith the requirements of the
Immigration Reform Control Act of 195 regarding employment vel~lficatian and retention of
~rerif~icatlon farms for any rndivlduals hired offer November ~,198~ who will perform labor or
s~r~l~es under this contract,
Alldlt
The Denton Independent chaoX District agrees to allov~ for purposes of audit, examination,
excerpt, and transcription: the USDA, the arnptroller of the United states, D,, and any of
their authorized representatives to have access to any of the contractor's boobs, documents,
papers, and records that are pertinent to the cantract~
~I
DTI, Energ~r Efficiency
The Denton Independent school District agrees to comply with the required mandatary
standards and policies concerning ene~'gy efficiency contained in the Texas Energy ~anser~ratlon
Plan Issued In compliance ~~th the Energy Polley and ~onser~atlon Act ~P,L, 9~4~13}.
III, Remedies For Breach of contract
The Denton Independent chaol District agrees that except far small puu'chase contracts, It ~Ulll
comply lth and enforce pro~islans that allay far adminlstratl~e, contractual, or legal remedies
if contractors ~ialate or breach contract terns, and any appropriate sanctions and penalties,
VIII, Compliance filth Labor Regulations
The Denton Independent Schaal District agrees to be in campliance with ectian 1~3 afthe
contract work Hours and safety tandat'ds Act ~4~ U 3~7-334} as supplemented by the
Department of Labor regulations MFR, Pali Under this Act, contl'actors must compute the
images of mechanics and laborers on the basis of standard workday of eight hours and a standard
~ark~veek of ~0 hours. work that exceeds the standards must be compensated at least 11~~ times
the basic pay t'ate for a~ertime hours ~vot'l~ed. These requirements do not apply to the pul'chase
of supplies or materials ordinarily mailable an the open mat'ket or contracts for transpo~-tatian,
I~, Equal Employment opportunity
The Denton Independent school District agrees to comply kith Executive order I 1 entitled
"Equal Employment ppoi~tunity" as amended by Executive ~rdet' 11375 and as supplemented
in Department of Labor ~'egulations X41 MFR, Part G~}.
~ornpllance 1th Lames
The Denton Independent school District agrees to comply with all other applicable 1as,
including ~vlthout llrriltatlon, any additional applicable Federal Laves or regulations cantained In
the urrlrrxer Food Program A reernent betv~een the pity of Denton and the Texas Department of
A~i'iculture-Food & Nutrition Di~isian, _
~I. F~emedy For Breach
Ifthe Denton,Independent ~choal District fails to provide se~~iccs in accordance with the
provisions of this contract, the City ofDentan may, upon written notice of default to the
contractor, immediately terminate the whole ar part of this contract,
III, Consideration
The pity ofDenton agrees to pay Denton Independent shoal District far all meals ordered on
daily basis at the rate agreed upon in this contact,
VIII, Term
The agreement shall be effective as of June 7, ~a 1 a and shall have the same term as the hummer
Foal Pragxan~ Agreement bet~reen the City of Denton and the Texas Department of Agricultu~'e-
Food Nutrltlan Division, It nlay tel'minated by natlce In ~Vl'Itln glen any party hereto
to the other parties at least 3a days prior to the date oftermir~ation,
~I~, venue
This agreement shall be interpreted in accordance v~ith the lames of the State of Texas. Any
litigation filed with regard to this contract shall be tried in a court of competent jtu'isdietian
setting in Denton County, Texas,
IN ITNF~ I~ERE~F, the parties hereto have executed this agreement as ofthe dates
indicted Selo;
Agreed to this date Agreed to this date ~l
Sponsor Official DIED Sponsor .
~i ~
Title; , CitT Manager Title School Board President
The location o~ the food preparation ire be.
~entan Nigh School
147 Fulton
~en~on, Texas ?~2~ 1
APPR~~ED A L~~A~ ~'~Ri~i,
ANYTA BURGESS, ITS ~TT~~Y
~Y: