HomeMy WebLinkAboutContract 54541 CSC No.54541
Texas Department of Child and Adult Care Food Program
Agriculture Site Agreement Between Sponsoring Organization and
Child Care Site -Sponsoring Organization
Provides Meals/Snacks
Name of Sponsoring Organization CE ID
CitySquare 1636
Address of Sponsoring Organization (Street, City,State,ZIP)
1610 S. Malcolm X Blvd, Ste. 250, Dallas, Texas, 75226
Name of Child Care Site
Southwest Community Center
Physical Address of Child Care Site (Street, City,State, ZIP) County Name
6300 Welch Ave., Fort Worth TX 76133 Tarrant
Mailing Address of Child Care Site, if differentfrom physical address (Street, P O Box, City,State, ZIP)
Same as above
Agreement
This permanent agreement specifies the rights and responsibilities of the above named Sponsoring Organization(Sponsor)
and the Child Care Site (Site) as participants in the Child and Adult Care Food Program (CACFP). By signing this permanent
agreement,both parties are bound by its terms and conditions from its beginning effective date until terminated.
Rights and Responsibilities of the Sponsor
The Sponsor agrees to:
1. Provide meals/snacks that comply w ith CACFP meal pattern requirements.
2. Adjust the number of meals/snacks provided w ithin 48 hours of being notified of the change by the Site
3. Train child care Site staff according to CACFP requirements.
4. Provide technical assistance w hen problems are cited during monitoring visits, upon request from the Site, and as needed, and
scheduled at a time and place convenient to the Site staff.
5. Provide CACFP record-keeping forms to the Site at no charge,and ensure the Site maintains records on-site according to
CACFP record-keeping requirements.
6. Make no charge w hatsoever to the Site for CACFP services
7. Ensure that all meals are served to enrolled/participating children without regard to race,color, national origin, sex,age or
disability.
8. Ensure that all meals claimed for reimbursement are those served to children w ho are properly enrolled, if applicable and in
attendance at the meal service.
9. Claim reimbursement for no more than tw o meals and one snack,or one meal and tw o snacks,per child per day. If at-risk,claim
no more than one meal and one snack per child per day.Exception: Emergency shelters may claim reimbursement for three
meals or two meals and one snack per child per day.
10. Ensure Sponsor staff that conduct announced or unannounced monitoring reviews show photo identification to demonstrate they
are employees of the Sponsor.
11. Conduct announced and unannounced monitoring reviews of the Site's food program operation according to CACFP
requirements during the Site's normal hours of operation, including weekends, if applicable
12. Submit the Site Application and any amendments on behalf of the Site to TOA in a timely manner.
13. Ensure the child care Site maintains a current license, if applicable.
14. Ensure an At-Risk Afterschool Care Center or Emergency Shelter maintains a current license or w ritten verification of exemption
from the Texas Department of Family and Protective Services(DFPS), if applicable. If not subject to licensing, ensure
completion of required local health/sanitation and fire safety inspections.
15. Ensure that no person acting in any capacity on behalf of the Sponsor w ill enter any child care Site w hen participants are
present,if the person has been convicted of a felony or misdemeanor classified as an offense against the person or the family,
or public indecency, or a felony violation of any statute intended to control the possession or distribution of a substance included
in the Texas Controlled Substance Act(Chapter 481 of the Texas Health and Safety Code).
16. Immediately inform the health or licensing authority of any situation existing in child care sites that wouldthreaten the health or
safety of participants in attendance.
17. Ensure policies and procedures do not exclude or limit participation, benefits or activities of a Site on the basis of race,color,
national origin, sex,age or disability.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
18. Take reasonable steps to provide and ensure services and information, both orally and in writing,are available to the Site in
appropriate languages other than English.
19. Acceptfinal administrative responsibility forensuring the Site takes reasonable steps to provide services and information, both
orally and in writing, in appropriate languages other than English.
Rights and Responsibilities of the Child Care Site
The Site agrees to:
1. Record daily the:
a. meal type and meal count (taken at the point of service)served to each child; and
b. number of enrolled/participating children in attendance
2. Claim only meals actually served during approved meal service times to children who are enrolled (or participate in an At-Risk
Afterschool Care Center, Outside-School-Hours Child Care (OSHCC) programs or reside in an Emergency Shelter) in child care,
in attendance and participating in the meal service.
3. Serve meals that meet the current CACFP requirements for the ages of the children served.
4. Notify the Sponsor immediately if there is any change in the meal service, including days, times, and/or types of meals served.
5. Notify the Sponsor immediately of the names of children added or deleted from the child care enrollment. (Not applicable to At-
Risk Afterschool Care Centers, Emergency Shelters and Outside-School-Flours Care facilities.)
6. Receive mandatory CACFP training prior to program participation and annually thereafter as required by TOA and the Sponsor
7. Allow representative of the Sponsor,TOA, USDA and other state and federal officials to enter the Site, announced or
unannounced, to review CACFP operations and records during normal hours of child care operation. Individuals making such
review s must show photo identification of their employment w ith one of these entities.
8. Notify the Sponsor immediately if there is any change in the Site's licensing/approval status,update license as required by the
Texas Department of Family and Protective Services or other authority (if military or tribal), or if not subject to licensing, ensure
completion of required local health/sanitation and fire safety inspections, including correction of any violations cited.
9. Serve meals to all children w ithout regard to race,color, national origin, sex,age or disability.
10. Meet all local health and sanitary code requirements applicable to food service.
11. Participate w ith one Sponsor at a time.
12. Authorize the Sponsor to apply for participation in the CACFP on behalf of the child care Site.
13. Provide education or enrichment activities for children participating in an At-Risk Afterschool Care Center.
14. Maintain records on-site relating to the Program according to CACFP record-keeping requirements.
15. If the site is a child care center,or emergency shelter, or OSHCC: Obtain prior w ritten approval from TOA before transferring to
another Sponsor w ithin the program year.Termination of this permanent agreement during the program year does not constitute
approval to transfer to another Sponsor. If the Site terminates this permanent agreement and wants to participate in the CACFP
again during the same program year,the Site may only participate w ith its current Sponsor unless the transfer is approved by
TOA.Exceptions: Each year a Site may transfer to a different Sponsor w ithout TOA approval, if otherw ise eligible to participate
in the CACFP, by signing a permanent agreement w ith a new Sponsor between June 1 and September 30 to become effective
on the following October 1. Additionally, a Site may terminate this permanent agreement with its current Sponsor,with proper
notice as outlined in Term and Termination below,and apply to participate w ith TOA at any time during the year.
16. If the site is an at-risk aterschool care center ONLY: Obtain prior w ritten approval from TOA before transferring to another
Sponsor w ithin the program year Termination of this permanent agreement during the program year does not constitute
approval to transfer to another Sponsor. If the Site terminates this permanent agreement and w ants to participate in the CACFP
again during the same program year,the Site may only participate w ith its current Sponsor unless the transfer is approved by
TOA.Exceptions: Each year a Site may transfer to a different Sponsor w ithout TOA approval,if otherw ise eligible to participate
in the CACFP, by signing a permanent agreement w ith a new Sponsor betw een June 1 and July 31 to become effective on no
earlier than August 1 of the same year.Additionally, a Site may terminate this permanent agreement with its current Sponsor,
w ith proper notice as outlined in Term and Termination below,and apply to participate w ith TOA at any time during the year.
17. Allow the Sponsor to retain 100% of the CACFP reimbursement for the administration and operation of the nonprofit food
service.
Term and Termination
This agreement is effectivefrorn: 10/1/2020 until terminated.
The Site w ill provide 30 days w ritten notice if terminating this permanent agreement w ithout the mutual consent of the Sponsor. If terminating
this permanent agreement due to transfer to another Sponsor during the applicable exception provided in #15 or#16 above, the Site w ill provide
w ritten notification as soon as possible.
The Sponsor w ill provide the Site 30 day's w ritten notice if terminating this permanent agreement for mutual consent or for reasons other than
the Site's failure to meet the terms of this permanent agreement.
Certification
We,the undersigned,do hereby make and enter into this contract.By so doing,we do certify that the information contained
in this docum ent to be true and correct to the best of our knowledge and is provided for the purpose of obtaining Federal
financial assistance.We do mutually agree to comply with the CACFP federal regulations (7 CFR Part 226, as amended), Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards(2CFR Part 200, as amended), and state
policies and procedures as issued and amended by TDA. The Site does further agree to perform as described in its application
for participation in the CACFP (including approved amendmentstothe application).The Site certifies it is not currently
participating under any other sponsoring organization,has not been disqualified from participation in the CACFP in Texas
or any other state,and is not currently debarred or otherwise excluded from entering into agreements for Federal funds.
We understand that the deliberate misrepresentation or w ithholding of information may result in prosecution under
applicable State and Federal laws.
Kyle Giffer(Sep 25,202012:45 CDT)
Sep 25, 2020
Signature - Child Care Site Representative Date
Recreation Programmer
Title- Child Care Site Representative
Sep 25, 2020
Nell Dochez(Sep 25,202011 T)
Signature - Sponsoring Organization Authorized Representative Date
Senior Manager
Title- Sponsoring Organization Authorized Representative
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Child and Adult Care Food Program
Amendment #2 to Site Agreement Between
Sponsoring Organization and Child Care
Site -Sponsoring Organization Provides
Meals/Snacks
Name of Sponsoring Organization CEID
QtvSquare 1636
Address of Sponsoring Organization(Street, City,State, Zip)
1610 S. Malcolm X Blvd Ste. 250 Dallas Texas 75226
Name of Child Care Site
Southwest Community Center
Physical Address of Child Care Site (Street, City,State, Zip)
6300 Welch Ave., Fort Worth, TX 76133
Mailing Address of Child Care Site, if different from physical address (Street, PO Box,City, State, Zip)
Same as above
As participants in the Child and Adult Care Food Program (CACFP), the above named Sponsoring Organization (Sponsor) and Child
Care Site (Site) entered into an agreement that is effective until terminated The Sponsor and Site hereby agree to the following
amendment to such agreement.
Rights and Responsibilities of the Child Care Site
15. If the site is a child care center, or emergency shelter, or Outside-School-Flours Care Center (OSHCC) Obtain prior w ritten
approval from TOA before transferring to another Sponsor w ithin the program year. Termination of this permanent agreement
during the program year does not constitute approval to transfer to another Sponsor. If the Site terminates this permanent
agreement and w ants to participate in the CACFP again during the same program year,the Site may only participate w ith its
current Sponsor unless the transfer is approved by TOA. Exce ptions: Each year a Site may transfer to a different Sponsor w ithout
TOA approval , if otherw ise eligible to participate in the CACFP, by signing a permanent agreement w ith a new Sponsor betw een
June 1 and September 30 to become effective on the follow ing October 1.Additionally, a Site may terminate this permanent
agreement w ith its current Sponsor, w ith proper notice as outlined in Term and Termination in the Permanent Agreement and
apply to participate w ith TOA at any time during the year.
16. If the site is an at-risk afterschool care center ONLY: Obtain prior w ritten approval from TOA before transferring to another
Sponsor w ithin the program year.Termination of this permanent agreement during the program year does not constitute
approval to transfer to another Sponsor.If the Site terminates this permanent agreement and w ants to participate in the CACFP
again during the same program year,the Site may only participate w ith its current Sponsor unless the transfer is approved by
TOA. Exceptions:Each year a Site may transfer to a different Sponsor w ithout TOA approval, if otherw ise eligible to participate
in the CACFP, by signing a permanent agreement w ith a new Sponsor betw een June 1 and July 31 to become effective on no
earlier than August 1 of the same year.Additionally, a Site may terminate this permanent agreement w ith its current Sponsor, w ith
proper notice as outlined in Term and Termination in the Permanent Agreement and apply to participate w ith TOA at any time
during the year
17. Allow the Sponsor to retain 100%of the CACFP reimbursement for the administration and operation of the nonprofit food service
By signing this amendment, both parties are bound by its terms and conditions until such time as the Permanent Agreement Between
Sponsoring Organization and Child Care Site -Sponsoring Organization Provides Meals/Snacks is terminated.
Certification
We, the undersigned, do hereby make and enter into this contract. By so doing, w e do certify that the information contained in
this document to be true and correct to the best of our knowledge and is provided for the purpose of obtaining Federal financial
assistance. We do mutually agree to comply w iththe CACFP federal regulations (7CFR Part 226, as amended), Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards(2CFR Part 200,as amended), and
state policies and procedures as issued and amended by TDA. The Site does further agree to perform as described in its
application for participation in the CACFP (including approved amendments to the application). The Site certifies it is not
currently participating under any other sponsoring organization, has not been disqualified from participation in the CACFP in
Texas or any other state, and is not currently debarred or otherwise excluded from entering into agreements for Federal
funds. We understand that the deliberate misrepresentation or withholding of information may result in prosecution under
applicable State and Federal laws.
" Sep 25, 2020
Kyle Gder(Sep 25,202012:45 CDT)
Signature - Child Care Site Representative Date
Recreation Programmer
Title- Child Care Site Representative
Sep 25, 2020
Nell Dochez(Sep 25,202011 )T
Signature - Sponsoring Organization Authorized Representative Date
Senior Manager
Title- Sponsoring Organization Authorized Representative
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ADDENDUM TO SITE AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
CITY SQUARE FOOD
This Addendum to the 2020 Site Agreement for the Child and Adult Care Program
("Addendum") is entered into by and between the City Square Food ("Sponsor") and the City of
Fort Worth ("City"), collectively the `parties."
The Contract documents shall include the following:
1. The 2020 Site Agreement [Child and Adult Care Food Program]; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached 2020 Site Agreement (the
"Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by
a representative of each party duly authorized to bind the parties hereto, that the parties hereby
agree that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Term. The Agreement shall become effective upon the signing of the Agreement
(the "Effective Date")and shall expire one (1)year after the Effective Date(the Expiration Date"),
unless terminated earlier in accordance with the provisions of the Agreement or otherwise
extended by the parties. The Agreement may be renewed for four one-year renewals at City's
option, each a "Renewal Term." City shall provide Sponsor with written notice of its intent to
renew at least thirty (30) days prior to the end of each term
2. Funds. This Agreement is not an obligation or commitment of City funds, nor a
basis for the transfer of City funds. All obligations of and expenditures by each party are subject
to their respective entity's budgetary and fiscal processes and availability of funds pursuant to all
laws, regulations, and policies applicable thereto
3. Termination. Either City or Sponsor may terminate the Agreement at any time and
for any reason by providing the other party with 30 days written notice of termination.
4. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
Addendumto SWCC2020 Site Agreements forthe Child and Adult FoodCare
Program Page 1 of
6. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Sponsor. It will be the responsibility
of Sponsor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
7. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control
8. LIABILITY AND INDEMNIFICATION.LIABILITY- SPONSOR SHALL
BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO
THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S�
MALFEASANCE OR INTENTIONAL MISCONDUCT OF SPONSOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
INDEMNIFICATION - SPONSOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY,ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO SPONSOR'S BUSINESS, AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED
BY THE ACTS OR OMISSIONS OF SPONSOR, ITS OFFICERS, AGENTS,
SUBCONTRACTORS, SERVANTS OR EMPLOYEES.
9. Right to Audit. Sponsor agrees that City shall have access to and the right to
examine any books, documents, papers and records of Sponsor which are directly pertinent to
transactions relating to this Agreement and that involve the obligation, commitment or transfer of
City funds.
10. Assignment and Subcontracting. To the extent that Sponsor assigns or subcontracts
any of its duties or obligations either under this Agreement or otherwise related to the provision
of TDA or USDA foods at City sites, Sponsor shall require such assignee or subcontractor to
execute a written agreement with Sponsor agreeing to be bound by the duties and obligations of
Sponsor under this Agreement. Such subcontract shall require the assignee or subcontractor to
indemnify, hold harmless and defend City and its officers, agents, servants and employees, from
and against any and all claims or lawsuits of any kind or character,whether real or asserted, for
Addendumto SWCC2020 Site Agreements for the Child and Adult Food Care
Program Page 2 of
either property damage or loss (including alleged damage or loss to Sponsor's business, and any
resulting lost profits) personal injury, including death, to any and all persons arising out of or in
connection with this Agreement or the provision of TDA or USDA foods at City sites,to the extent
caused by the acts or omissions of the assignee or subcontractor, its officers, agents,
subcontractors, servants or employees.
(signature page follows)
Addendumto SWCC2020 Site Agreements forthe Child and Adult FoodCare
Program Page 3 of 4
Executed this the daySoT 27'2020 ,2020.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
E.y: Valerie Washington(Sep 27,202015:25 CDT) performance and reporting requirements.
J Name: Valerie Washington
Title: Assistant City Manager
Sep 27,2020
Date: By: Sheri Endsley(Sep 2�5,2+02W12:06 CDT)
Name: Sheri Endsley
Approval Recommended: Title: District Superintendent
Approved as to Form and Legality:
Rica:-d ZAPA&
Richard Zava la(Sep 25,202014:50 CDT)
Name: Richard Zavala (�..
Title: Director By:
Name: Taylor Paris
Approved: Title: Assistant City Attorney
Contract Authorization:
�'
Sandra Youn?MU(Sep 24,202019:31 CDT) McX-C; Not required
apF
Name: Sandra Youngblood as
Title: Assistant Director owe Q=o
Attest: n / a°a�aezp5�pp
r Ronald P.Gonzales(Sep 28,2020 11 DT)
Name: Mary Kayser
Title: City Secretary
SPONSOR:
City Square
By.
Nell Dochez(Sep 25,202011• Q T)
Name: Nell Dochez
Title: Senior Manager
Date: Sep 25,2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
A ddendumto SW CC 2020 Site Agreements for the Child and Adult Food Care
Program Page 4 of