HomeMy WebLinkAboutResolution - 6299 - Contract - TDHS - Summer Lunch Program - 05_13_1999Resolution No. 6299
Item No. 23
May 13, 1999
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for the
Summer Lunch Program, by and between the City of Lubbock and the Texas
Department of Human services, and related documents. Said contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of May , 1999.
WINDY S ON, MAYOR
AT EST:
Ka Darnell
City cretary
APPROVED AS TO CONTENT:
ommy nzalez
Director of Civic Services
APPROVED AS TO FORM:
A 't, -
William de Haas
Competition and Contracts Manager/Attorney
rkb/ccdocs/1999texasdepartment of human services summer lunch program contract.res
April 30,1999
Resoluton No. 6299
Item No. 23
SZJMNMR FOOD SERVICE PROGRAM AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
The Texas Department of Human Services, hereinafter referred to as TDHS,
0
CITY OF LUBBOCK
hereinafter referred to as the contractor, do hereby make and enter into this contract, as required by the National School
Lunch Act (Section 13) and the Summer Food Service Program, hereafter referred to as the SFSP, Federal Regulations
(7 Code of Federal Regulations [CFR], Part 225).
L
Mill DQV &I
_.Le Parties mutually agree:
A. If the contractor fans to provide services in accordance with the provisions of this contract, the Department may,
upon written notice of default to the contractor, immediately terminate the whole or any part of this contract and refuse to
pay claims for reimbursement Such termination and/or refusal to pay claims for reimbursement shall not be exclusive remedy
but shall be in addition to any other rights and remedies provided by law under this contract
B. In federal and state laws or other requirements are amended or judicially interpreted so that the continued fulfillment
of this contract, or the part of either party, is substantially unreasonable or impossible, or if the parties are unable to agree
upon any amendment which would therefor be needed to enable the substantial continuation of the services contemplated
by this contract, then the parties shall be discharged from any finther 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 be consider it to be canceled without cause by giving (30) days notice in
writing to the other party and this contract shall be thereupon be canceled upon the expiration of such (30) day period.
Nothing in this paragraph shall be construed to prohibit immediate cancellation pursuant to above paragraphs A and/or B.
MAY 2 0 1999 Rev 2/98
0
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. The contractor will comply with the SFSP Federal Regulations (7 CFR, Part 225, as amended), Uniform Federal
Assistance Regulation (7 CFR, Part 3015, as amended), and sWe policies and procedures as issued and amended by TDHS.
The contractor further agrees to perform as described in its application (including supporting documents and approved
amendments to the application) for participation in the SFSP.
B. The contractor accepts final administrative and financial responsibility for food service operationat each site
sponsored by the contractor. This responsibility includes the performance of the conditions of settlement of any audit
exceptions or payment deficiency in the program and the collection and repayment of any amount paid in excess of the proper
claim amount which are found after monitoring or auditing by TDHS or the United States Department of Agriculture
(USDA). This responsibility applies to this contract, and all subcontracts hereunder.
C. The contractor will apply to TDHS for approval of changes to its original application and for prior authorization for
field trips if meals served on the field trips will be claimed for reimbursement. Requests for changes and field trip
authorization must be received by TDHS at least five (5) calendar days before the requested effective date for the change
for the field trip. Contractors will notify TDHS within five (5) days of the termination of an approved food service site.
M.
SFSP RECORD KEEPING
A. The contractor will keep financial and supporting documents, statistical records, and any other records pertaining
to the services for which a claim is submitted. The records and documents will be kept for at least three (3) years and ninety
(90) days after the termination of the contract period. If any litigation, claim, or audit involving these records begins before
the stipulated time period expires, the contractor will keep the records and documents for not less than three (3) years and
ninety (90) days after the termination of the contract period and until all litigation, claims or audit findings are resolved The
case is considered resolved when a final order is issued in litigation or a written agreemeat is signed by TDHS and the
contractor. Extensions are considered as separate contract periods.
B. The contractor and its subcontractors will allow TDHS aad 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.
Page 2 Rev 2/98
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 United States Department of Agriculture (7 CFR, Parts 15, 15a and 15b)
Department of Justice (28 CFR, Parts 42 and 50) and USDA and TDHS directives or regulations issued pursuant to that Act
or the regulations, Section 504, FNS 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 94-135), 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 persons in the United States shall, on the grounds 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 under any
program or activity for which the contractor receives federal financial assistance from TDHS and USDA: and hereby gives
assurance that it will immediately take any measures necessary to effectuate this agreement. The contractor 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 necessary to effectuate this
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 or interest in such
property, the detail of federal personnel, the sale and lease oi; 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 improvement made with federal financial assistanceextendedtotheconhadw
by TDHS. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision
of assistance such as food, cash assistance for the purchase of food, 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 MRS, USDA, and FCS (Food and Consumer Service) 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 FCS has 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 whosesig nature appears on this contract
is authorized to sign this assurance on behalf of the Contractor.
Page 3
MAY 2 0 1999Rev 2/98
CIVIL RIGHTS POLICY COMPLIANCE
(Continued)
D. A religious or charitable organization is eligible to be a contractor on the same basis as any other 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 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 be subject
to audit. However, neither TDHS'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 the provision of services; no State expenditures have as their objective the funding of
sectarian worship, instruction, 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 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 actively participate
in a religious practice. If you object to a particular provider because of its religious character, you may obtain this service
from a different service provider. If you believe that your rights have been violated, please discuss the complaint with this
contractor or notify the local TDHS Special Nutrition Programs Office.
Section 104 of the Personal Responsibility and Work Opportunity 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 service providers and assisted individuals.
This contract is subject to those additional rights and responsibilities.
V.
y 1 : LIK ley 1 Piky
TDHS will, subject to the federal appropriation and availability to TDHS of sufficient funds for the SFSP, make program
payments to the contractor in accordance with the terms of this contract. No reimbursement shall be made for performance
under this contract occurring prior to (a) the beginning effective date of this contract or (b) a later date established by TDHS
based on the date of receipt of a fully executed copy of this contract.
Page 4 Rev 2/98
VL "
CERTIFICATIONS
A. Immigration Reform and Control Act of 1986 - The contractor agrees to comply with the requirements of the
Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any
individuals hired after November 6, 1986, who will perform any labor or services under this contract.
B. 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:
1. The above certification is a material representation of fact upon which reliance was placed 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 Health and Human Services, United States Department
of Agriculture or other federal department or agency, or the Texas Department of Human Services may pursue available
remedies, including suspension and/or debarment.
2. 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.
3. 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 Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment.
4. 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.
5. 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 solicitations for all covered subcontracts.
6. A contractor may rely upon a certification of a subcontractor that is not debarred, suspended, ineligible, or
,roluntariily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a
—immum, obtain certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal.
Faee 5 MAY 2 0 1999 Rev 2/98
CERTIFICATIONS
(Continued)
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 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, 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.
C 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
fads 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 or belief, that:
1. No federally appropriated fimds 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 an agency, a memberof 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.
2. If any fiords other than federally appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer 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.
3. 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 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.
Page 6 Rev 2/98
��
EFFECTIVE DATE AND SIGNATURES -
For the faithful performance of the terms of this contract, the parties hereto in their capacities stated, affix their
signatures and bind themselves.
CITY OF LUBBOCK
Name of Contracting Organization
ATTEST • (Please Print or Type) �, .
Kayth arnell, City Secretary
APPROVED AS TO FORM:
William de Haas
a6l mpetition and Contracts Manager
APPROVED AS TO CONTENT:
Tommy
Civic Services
Original Sionatdire of the Authorized
Representative of the contracting organization
WINDY STTTnN
Name of the Authorized Representative
of the contracting organization
(Please Print or Type)
MAYOR
Title of the Authorized Representative
of the contracting organization
Please print or type, in the spaces provided above, the name and title of the authorized representative signing this agreement
on behalf of the contracting organization.
Representative
Page 7 MAY 2 0 1992 Rev 2/98
Teas Deparmtent Form 4-RCs
Of Human Services Ma" 1998
SPECIAL NUTRITION PROGRAM
CERTIFICATE OF AUTHORITY
This Is to certify that the following person(s):
Name of Auawzed Representative(please type of prin4l Tito
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X
�gnaaue-Authorized Representative
Name of Autixw=d Representative (please type or prim Tole
Q s Strut ce rl!
X �d
-% rued Representatve
hs(are) designated as an Authorized Representative of
Name of C aa=v Orpriaitim
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Address (Street City. State. 21
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The representative(s) designated above, and myself, are 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
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Name of Of cal of ContracwV Agency (please type or prinp Tale
DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3)
Authorized Representatives, including the Official of the Contrai-bna Aaertev. If you arc replacing or deleting an
Authorized Representative, list the name(s) of the Individual(s) to Ir:
Name at Deleted Representative kwm Of Deletedepmserrtaava
Received email from Corbin
Pemberton 2/29/00 _
16 -'4-WA
Ka Darnell, City Secret
He confirms that the Certificates
of Authority are DHS driven
rather than City; hence, we do
not need originals.
FOR DHS USE ONLY
Agreement No.
TX -
Texas Depart ern
of Human Services
SPECIAL. NUTRITION PROGRAM
CERTIFICATE OF AUTHORITY
This is to certify that the following person(s):
Name d Auftrind Re 7ntative
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Name Of Autn=W ReVesentauve (please WM Or pnnq r _�
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X P'44� -
Signal Representative
Is(are) designated as an Authorized Representative of
Name as Canaacting Organaawn
Address (Street. City. State. ZIP)
The representatives) designated above, and -myself, are 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
adout ine agreement, ana to present claims Tor mimoursement, wnen appropriate, to ine
k6aal of Contracting AgeM (please type or prim TT
relay
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DELETED AUTHORIZED REPRESENTATTYES: A contracting organisation may not have more than three (3)
Authorized Representatives, including the Official of the Contracting Agency. H you are replacing or deleting an
dhorized Representative, list the name(s) of the individuals) to be removed as Authorized Representative(s) beio+
une d Deleted Representme Name Of l3elegaMpm—nume karne at Deleted e
119-City Secretary
FOR DHS USE ONLY