2002-105S:\Our Documents\Ordinances\02~summer food service,doc
ORmN CE NO.
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 2002 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 Demon, 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 pro¥ide 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 2002 Summer Food
Service Program, if such program is funded per the terms set forth in Section I 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 2002 Summer Food
Service Program is hereby authorized.
SECTION 4. This ordinance shall become effective mediately upon its passage and
approval.
PASSED AND APPROVED this the c:d ~ day of (../'./_/fLC4~ ,2002.
!
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERB~~~TTORNEY
BY. ~ r
PAGE 2
S ATE OF YEXAS §
cOUNTY OF TRAVIS §
TEXAS DEPARTMENT OF HUMAN SERVICES
SPECIAL NUTRITION PROGRAMS
AGREEMENT
The Texas Department of Human Services, hereinafter referred to as TDHS,
City of Denton, Texas,
at 321 E. McKinney St,
A Texas Municipal Corporation
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 agreement astabli shes or continues the fights and responsibilities 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 and obligations of the parties under the prior agreement rernaln in 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 agreement/s 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 provisions of this enntract, TDHS may, up°n written n°tiee
of default to the Contractor, immediately t~rminate 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 bo 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 interpfeted s° that the c°ntinued fulfillment °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 £mdings, 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 immediate cancellation pul suant to above paragraphs A and/or B.
II.
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. The Contractor will epmply with the applicable regulations for its desigusted 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, end Nun-Profit Organizations (7 CFR 3052, as amended)and state policies and procedures as issued and
amended by TDHS. The Contractor further agi:ecs 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 Contractor aecepts final 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 paybaek of any amount paid in excess of the proper claim amount.
C. The Contractor submits for TDHS approval only those applications for sites which have delegated the authority for the
administration of food surviee 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. that the official signing the 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, and
3. to price lunch as a unit
E. Contractors participating in the CACFP provide or accept responsibility for the provision of organized, non-residential child
day care and will immediately report to The Texas Department of Protective and Regulatory Sarviees (TDPRS) Liconsing
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 pertinent to the
servicos for which a claim was submitted in the manner and detail prescribed by TDHS. The records and documents will
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 years and 90 days and until all litigation, claims or audit findings are resolved. The case
is considered 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. The Contractor and its subcontractors will allow TDHS and USDA officials and other appropriate officials determined by
TDHS 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 in part, by TDHS.
C. The Contractor and its subcontractors will establish a method to secure the confidentiality ofrecords 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 construed as limiting the Department's right of access to recipient case records
or other information relating to clients served under this contract.
D The Contractor certifies that the goods and/or service(s) covered by this contract are designsted to be nsed 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 agrecs 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 Agticultare (7 CFR Part 15), Department of Jnstiee (28 CFR Pails 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 1Sa), 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 mca, 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 disetimination. The enntmctor also agrees to comply with Health and Safety Code Section 85.113 (relating
to workplace and confidentiality guidelines regarding AIDS and HIV).
The contractor hereby gives assurance that it will immediately take any measures necessavd to effectuate this agreement.
B. This assurannce is given in consideration of and for the purpose of obtaining ~,nY and all federal financial nssistanee, 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 servicos 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, an'angement, 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 ,thc representation and agreements made in this assurance.
..... enforcement
C. The Contractor agrees to compile data, maintain records, and subnut reports as reqmred, to pemut effective
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 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 the department. The person whose signature appears on this contract is authorized to sign this assurance
on the behalf of the Contractor.
D. A roligions or charitable organization is eligible to be a contractor on the same basis as anY °thor private °rganizati°n' The
contractor retains its independence from State and local governments, including the contractor' s contro I over the definition,
development, practice, and expression of its charitable or religions beliefs. Except ns provided by federal law, TDHS shall
not interpret this contract to require a charitable or religious organization to alter its form of internal govemanco 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 aasistanee provided by these funds will be subject
to audit. However, neither TDHS's selection cfa charitable or faith-based contractor of services nor the expenditure of
funds under this contrset 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 th. is contract shall reasonably apprise all assisted individuals of the
following: "Neither TDHS's selection cfa 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 agaimt you on the basis of religion, a religious belief, or your refusal to participate in a religions
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 dise~uss the complaint with your provider or notify your
local TDHS Special Nutrition Programs office.
Section 104 of'l'ha Personal Responsibility and Work Opportunity Reconciliation Act of 1996.42 U.S.C. § 604a, sets forth
certain additional tights and responsibilities for charitable and faith-based providers of serviccs, certain additional tights
of assisted individuals, and cortain additional responsibilities of TDHS to these providers and assisted individuals. This
contract is subject to those additional fights and responsibilities.
TDHS CLAIMS PAYMENT
A. TDHS will, subject to tim 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 oeenrring prior to (a) the beginning effective date of this
agreement or (b) a later date established by TDHS based on the date of receipt 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 of May 19, 1999, 76th Leg. R.S., ch.
583, Sec. 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 enntractor 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.
IMMIGRATION
The Contractor agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding
employraent verification and retention of verifieatiun forms for any individuals hired aller November 6, 1986, who will
perform any labor or services under this contract.
CERTIFICATION
A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts - The contractor
certifies, by execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or
agency or by the State of Texas. By making this certification the contractor agrees to the following terms:
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 that the contractor knowingly rendered an erroneous certification, in addition
to other remedies available to the federal government, the Department of Henlth and Human Services, United State
Department of Agriculture or other federal department of agency, or the Texas Department of Human Services 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 learns that the certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
Thc 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 Coverage sections of federal roles implementing Executive Order 12549. Usage is 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 into 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.
VII.
CERTIFICATION
(Continued)
The contractor further agrees by submitting this certification that it will include TDHS Form 2046 tiffed
"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 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 subenntraetor upon each subcontmctor'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 of a
contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
8. Except for contrscts anthorized 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, 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.
'B. Regarding Federsl 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 3 I, 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
$100,000 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 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
contractl 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
suhawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all covered subreeipients shall certify and disclose acoordingly.
C. 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 thc State of Texas, or is a non-profit corporation or is otherwise not subject to payment of
franchise taxes to the State of Texas.
D. The contractor ccrtifles that all information submitted pursuant to this agreement is tree 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 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.
VIII.
EFFECTIVE DATE AND SIGNATURES
The parties hereto in their capacities stated, affix their signatures and bind themselves for the faithful performance of the
terms of this contract pursuant to participation in the following program or programs:
National School Lunch Program
School~Breakfast Program
Special Milk Program
Citv of
Name of Contracting Organization
(Please print or type) ,,. ~
SChild and Adult Care Food Program
.Summer Food Service Program
contracts on behalf of the contracting organization.
Mike Conduff
Name of Official Signing
(Please print or type)
City Manager
Title of Official
(Please print or type)
TEXAS DEPARTMENT OF HUMAN SERVICES
Effective from
By:
TDHS Representative
until terminated.
Date:
Approved for Form by OGC: Sienature on file ·
Revised May 2001
SPECIAL NUTRITION PROGRAM
CERTIFICATE OF AUTHORITY
This is to certify that the following parson(s):
Name of Authorized Representative (p/ease type orprint) IITitle /
Mike Conduff IICity Manager /
X
Name of Authorized Representative (please type orpdnt) T*~le
Kathy Schaeffer Youth/Teen Services Manager
X
Signature-Authorized Representative
is (am) designated as an Authorized Representative of
Name of Contracting Organization
City of Denton
Address (Street, City, State, ZIP)
321 E. McKinney St., Denton, Texas 76201
The mpresentstive(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 oparata a
food program, to sign documents or reports about the agreement, and to present claims for reimbumement, when
appropriate, to the deparlment.
By signing this document, we cerlify individually and collectively that to the best of our knowledge and belief, all
documents submitted physically or eleclronically on behalf of the above named Contracting Organization pursuant to
our participation in any and all programs administered by Special NhbitJon Programs, TDHS, ara/will be true and
correct in all respects, that they are~fll be completed according to the terms and conditions of existing agreements
including amendments, that records are/will be available fo support any and all claims, and that we will not submit
claims (excluding amended/adjuated claims) for goods or services for which we have already received payment. We
recognize that we are fully respanaible for any excess amounts which may result from errors made in relation to the
completion and submission of claims. We are also awers 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 orp~fnt) II Title
Mike Conduff Iljl City Manager /
(~ Si~atur~Olfi~ial~)ntracting ~ cy
DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3)
Authorized Representatives, including the Olficisl of the Contracting Agency. If you are replacing or deleting an
Authorized Repmsentsfive, list the name(s) of the individual(s) to be removed as Authorized Reprasentative(s) below:
Name of Deleted Representative Name of Deleted Representative Name of Deleted Representative
Howard Martin
FOR DHS USE ONLY
Received By
Cont~c~ No.
75-
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 fimction 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 curr~nt 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, at the MLK Recreation Center, Phoenix
Park, Denia Park, Civic Center, Owsley Neighborhood, North Lakes Recreation Center, Village
East Apartments, Fred Moore Park, Optimist Club, Pebblebrook Apartments, Mack Park
Apartments, Applecreek Apartments, Lee Elementary School, Borman Elementary School and
one additional elementary site to be determined by Denton Independent School District:
Breakfast ...... $ 0.00 each Lunches ....... $ 1.80 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 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.
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 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 Sen4ces.
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 conceming 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 llA 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
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 June 3, 2002 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 ///~)~ .~o this date ~'~ -e'l.
Sponsor Offi c~;~J~~/{-~ ,---~oo1 Sponsor ~__~.~~-~
Title: CiW M~ager Title DISD School Bo~d President
The location of the food preparation site will be:
Rivera Elementary School
701 Newton
Denton, Texas 76205
APPROVED AS.,TgO LEGffFORM:
BY'. '" ~