HomeMy WebLinkAbout2015 Ordinance No. 017ii
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ORDINANCE NO. fl_
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COLORADO DEPARTMENT OF
EDUCATION "SUMMER FOOD SERVICE PROGRAM PERMANENT AGREEMENT"
TERMS FOR THE SUMMER MEALS PROGRAM AS PART OF ENGLEWOOD CHAMP
GRANT PROGRAM.
WHEREAS, the Englewood City Council previously authorized the City to file an application
with the City and County of Denver for a National League of Cities "Combating Hunger through
Afterschool and Summer Meals Programs (CHAMPS) for a grant with the passage of Resolution
No. 78, Series of 2014; and
WHEREAS, the City Council of the City of Englewood authorized the acceptance of the
CHAMPS Grant with the passage of Resolution No. 85, Series of 2014; and
WHEREAS, the National League of Cities (NLC) Cities Combating Hunger Through
Afterschool and Summer Meals Program (CHAMPS) grant provides for administration of meals
program; and
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WHEREAS, the City of Englewood is initiating a summer meals program with meals to be
provided through the Colorado Department of Education of which the "Summer Food Service
Program Permanent Agreement" is a requirement; and
WHEREAS, the passage of this Ordinance authorizes Englewood's acceptance of the
Colorado Department of Education "Summer Food Service Program Pennanent Agreement"
providing the terms for the Summer Meals Program as a part of Englewood CHAMP Grant
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Colorado Department of Education "Summer Food Service Program
Permanent Agreement", attached hereto as Exhibit A, is hereby accepted and approve d by the
Englewood City Council.
Section 2. The Mayor is hereby authorized to sign the "Summer Food Service Program
Permanent Agreement" for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 20th day of April, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd day of
April, 2015 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
April, 2015 for thirty (30) days.
Read by title and passed on final reading on the 4th day of May, 2015.
Published by title in the City's official newspaper as Ordinance No/2..., Series of 2015, on
the 7th day of May, 2015.
Published by title on the City's official website beginning on the 6th day of
May, 2015 for thirty (30) days.
I ~ Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No.)!}., Series of 2015.
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COLORADO
Department of Education
Office of School Nutrition
1580 Logan, Suite 760
Denver, CO 80203
SUMMER FOOD SERVICE PROGRAM PERMANENT AGREEMENT
I, GENERAL INFORMATION
Name of Sponsoring Agency: Mailfng Address (Street, City, State, Zip):
City of Englewood 1000 Englewood Parkway
Englewood, CO 80110
!Authorized Representative: Title:
Randy Penn Mayor
Telephone (Area Code/No.) Email address:
(303)762-2310 rpenn@englewoodgov.org
II. POLICY STATEMENT FOR MEALS SERVED
THE SPONSOR ASSURES the Colorado Department of Education Office of School Nutritlon that the policy herein stated will be
uniformly applied and implemented for all participating child nutritlon sites under its jurisdiction and that all children are served the
same meals at no separate charge regardless of race, color, national origin, sex, age, or disability and that there Is no discrimination
in the meal service program. The sponsor agrees that no meals will be claimed unless there Is adequate documentation on file to
support the claim. The sponsor also agrees to establish a procedure to account for meals served.
THE SPONSOR FURTHER ASSURES the Colorado Department of Education Office of School Nutrition the sponsor's jurisdiction which
are using Individual enrollment to document areas in which poor economic conditions exist and by camps or closed-enrolled sites
using Income Eligiblllty Forms to document children's eliglblllty, the standard of determining eligibility for participation in the SFSP
shall be In conformity with the State Agency's household size and Income eligibility standards for free and reduced priced school
meals or that case numbers are used for children from Supplemental Nutrition Assistance Program (SNAP) or for a child participating
in the Food Distribution Program on Indian Reservations (FDPIR). Unless an alternate method is approved by the State Agency, the
sponsor agrees to use the SFSP Income Ellglblllty Form supplied by the State Agency to obtain household size and income
Information or a master case number for SNAP or FDPIR from the households of children enrolled In SFSP. Children whose families
receive SNAP, FDPIR, or TANF benefits are automatlcally eligible for free meals. Camps charging separately for meals will collect
payments from children who must pay the full price for their meals In a manner that wlll not overtly Identify children receiving free
meals and the camp assures that there Is a hearing procedure for families who want to appeal a denial of eligibility for free meals
and If a family requests a hearing, the child will continue to receive free meals until a decision Is made by the hearing official.
III. Civil Rights
Comply with the requirements of CR citations of 7CFR 210.23(b). The Program applicant hereby agrees that It will comply with Title
VJ of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements Imposed by the regulations of the Department of Agriculture (7
CFR Part 15), OOJ (28) CFR Parts 42 and SO) and FNS directives or regulations Issued pursuant to that Act and the regulations, to
the effect that, no person In the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded
from participation In, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the
Program applicant received Federal financial assistance from USDA; and hereby gives assurance that lt will immediately take any
measures necessary to fulfill this agreement. n
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"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 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 fumlshlng of
services without consideration or at a nominal consideration, or at a consideration that 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 USDA. This includes any Federal
agreement, arrangement, or other contract that 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
representations and agreements made In this assurance.n
By accepting this assurance, the Program applicant agrees to compile data, maintain records, and submit reports as required, to
permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to
review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any
violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance.
This assurance Is binding on the Program applicant, its successors, transferees, and assignees as long as it receives assistance or
1580 Logan, Suite 760, Denver. CO 80203 P 303.866 .6661 F 303 .866.6133
Robert K. Hammond, Commissioner of Education i Keith Owen Ph.D., Deputy Commissioner I www.cde.state.co.us
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retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign thls
assurance on the behalf of the Program applicant.
IV. INSTRUCTIONS
Sign two copies and retain one copy for your files.
Return other copy with original signatures to:
Colorado Department of Education
Office of School Nutrition
1580 Logan Street, Suite 760
Denver Colorado 80203
v. AGREEMENT
PERMANENT AGREEMENT INTENTION: Describing this agreement as "permanent" Is Intended solely to convey that the
agreement has no predetermined expiration date and does not need to be renewed. Such agreements may be amended as
necessary to ensure compliance with all federal requirements. In no way does this feature of the agreement create contractual
obligations beyond those described in the agreement; nor does It preclude either party from terminating the agreement In
accordance with SFSP regulations. Permanent agreements shall be terminated for cause by the State agency lf the institution fails to
adhere to oroaram reauirements.
In order to carry out the purpose of Section 13 of the National School Lunch Act (42 U.S.C. 1761) as amended, and
the regulations governing the Summer Food Service Program Issued there under 7CFR Part 225 (herelnafter
referred to as the "Summer Food Service Program#), the Colorado Department of Education (hereinafter referred to
as the "COE") and
VI. The Sponsor, whose name and address appear above, covenants and agrees as
follows:
(1) The sponsor shall operate a nonprofit food service during any period from May through September for
children on school vacation, or at any time of the year, In the case of sponsors administering the Summer
Food Service Program under a continuous school calendar system;
(2) Serve meals which meet the requirements and provisions set forth In 225.16 and during times designated as
meal service periods by the sponsor, and serve the same meals to all children;
(3) Serve meals without cost to all children, except camps which may charge for meals served to children who
are not served meals under the Summer Food Service Program;
(4) Issue a free meal policy statement In accordance with 225.6(c);
(5) Meet the training requirement for Its administrative and site personnel as required under 225.lS(d)(l);
(6) Submit original clalms for reimbursement within 60 calendar days of the end of the claiming month, or If a
sponsor operates 10 days or fewer In the final month of operations, shall submit a combined claim for the
final month and the immediate preceding month within 60 calendar days of the last day of operation, as
establlshed by the State agency and stated In 225.9(d)(3).
(7) Claim reimbursement only for a type or types of meals specified In the agreement and served without charge
to the children at approved sltes during the approved meal service period, except that camps shall claim
relmbursement only for the type or types of meals specified in the agreement and served without charge to
children who meet the Summer Food Service Program's Income standards. The agreement shall specify the
approved levels of meal service for the sponsor's site if such levels are required under 225.6(d)(2). No
permanent changes may be made In the serving time of any meal unless the changes are approved by the
State agency;
(8) In storage, preparation, and service of food, maintains proper sanitation and health standards ln conformance
with all appllcable State and local laws and regulations;
(9) Accept and use, In quantities that may be efficiently utilized In the Program, such foods as may be offered as
a donation by the Food Distribution Program;
(10) Have access to facilities necessary for storing, preparlng and service of food;
(11) Maintain a financial management system prescribed by the State agency;
(12) Maintain on file documentation of site visits and reviews In accordance with 225.15{d)(2) and (3);
(13) Upon request, make all accounts and records pertaining to the Summer Food Service Program available to the
State, Federal, or other authorized officials for audit or administrative review, at a reasonable time and place.
The records shall be retained for a period of 3 years after the end of the fiscal year to which they pertain,
1580 Logan, Suite 760, Denver, CO 80203 P 303.866.6661 F 303.866.6133
Robert K. Hammond, Commissioner of Education I Keith Owen Ph.D., Deputy Commissioner I www.cde.state.co.us
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unless audit or investigative findings have not been resolved, in which case the records shall be retained untll
all issues raised by the audit or Investigation have been resolved;
(14) Maintain children on site while meals are consumed;
(15) Retain final financial and administrative responsibility for its Summer Food Service Program; and
The State Agency:
1) Agrees to reimburse the sponsor in connection with meals served In accordance with regulations under the
SFSP at approved sites, during the approved period of operation, to the extent that funds are available from
the USDA.
2) Shall terminate the Sponsor's participatlon in the SFSP by written notice whenever it Is determined by the
State Agency that the Sponsor has failed to comply with the rules of the SFSP.
3) Shall Inform the Sponsor of its rights to request a review of decisions made by the State Agency which affect
the participation of the Sponsor In the SFSP or the Sponsor's claim for reimbursement.
VII. Criminal Provisions and Penalties
As established in Section 12(g) of the National School Lunch Act (42 U.S.C. 1760(9)):
Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property that are the
subject of a grant or other form of assistance under this Act or the Child Nutrition Act of 1966 (42 U.S.C, 1771 et
seq.), whether received directly or Indirectly from the United States Department of Agriculture, or whoever
receives, conceals, or retains such assets, or property for personal use or gain, knowing such funds, assets, or
property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds, assets, or
property are not of a value of $100 or more, be fined not more than $25,000 or imprisoned not more than five
years, or both, or if such funds, assets, or property are of a value of less than $100, shall be fined not more than
$1,000 or Imprisoned for not more than one year, or both.
Termination Procedures
This agreement may be terminated upon (ten) 10 days written notice on the part of either party hereto, and the
State Agency may terminate this agreement Immediately after receipt of evidence that the terms and conditions of
the agreement and of the regulations governing the program have not been fully complied with by the Sponsor or
found to be seriously deficient as outlined In the State Agency's Serious Deficlency Polley. Any termination or
expiration of this agreement, however, shall not affect the obligation of the sponsor to maintain and retain records
and to make such records available for audit.
The U.S. Department of Agriculture prohibits discrimination against Its customers, employees, and applicants for
employment on the bases of race, color, national origin, age, disability, sex, gender Identity, religion, reprisal, and
where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an
Individual's income Is derived from any public assistance program, or protected genetic Information in employment
or In any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all
programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Complaint Form,
found onllne at http://www.ascr.usda.gov/complaint_fillng_cust.html, or at any USDA office, or call (866) 632-
9992 to request the form . You may also write a letter containing all of the information requested In the form. Send
your completed complaint form or letter to us by mall at U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at
program.intake@usda.gov.
Indlvlduals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay
Service at (800) 877-8339; or (800) 845-6136 (Spanish).
USDA Is an equal opportunity provider and employer.
VIII. CERTIFICATION
1. I certify that the Information within the SFSP application and all related attachments Is true and correct to the
best of my knowledge and that the applicant named Is In compliance with the audit requirements stated in
4 CFR Part 3052.
2. I understand that the Information Is being given In connection with the receipt of federal funds and that
deliberate misrepresentation or withholding of Information may subject me to prosecution under applicable
State and Federal criminal statutes.
3. If the applicant operates a National Youth Sports Program (NYSP) site(s) I certify that all the NYSP sites
operated by the applicant serve only children enrolled In the NYSP; and that the NYSP sites(s) comply with the
Department of Health and Human Services guidelines for income eligibility for children attending NYSP.
1580 Logan, Sui t e 760, Denver , CO 80203 P 303.866 .6661 F 303.866.6133
Robert K. Hammond, Commissi oner of Education I Keith Owen Ph.D ., Deputy Commi ssioner I www .cde.sta te.co.u s
4. If the applicant operates a migrant slte(s) I certify that all migrant sites operated by the applicant serve
children of migrant worker families. If the sites(s) also seive non-migrant children, It Is understood that the
site must serve predominately migrant children.
5. If the applicant operates as a unit of local, municipal, county, or State government, or as a private nonprofit
organization, I certify that the applicant will directly operate the SFSP In accordance with SFSP regulations 7
CFR Part 225.14(d)(3).
6. I agree to abide by the terms and conditions of the Annual SFSP Application and Permanent SFSP Agreement
and Polley Statement.
IX. SIGNATURES
Signature of Authorized Representative: Title of Authorized Representative: Date (Month/Day/Year)
Randy Penn, Mayor
Signature of Sponsor Contact: Title of Sponsor Contact: Date (Month/Day/Year)
Michael Flaherty, Deputy City Manager
Signature of Jane Brand: COE Office of School Nutrition Director Date (Month/Day/Year)
1580 Logan, Suite 760, Denver, CO 80203 P 303.866.6661 F 303.866,6133
Robert K. Hammond, Commissioner of Education I Keith Owen Ph.D., Deputy Commissioner I www.cde .state.co.us
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 20, 2015 9 a iv Approval of an agreement with the
Colorado Department of Education to
establish Englewood as the sponsor of a
Summer Meals program as part of the
City's CHAMPS grant program.
Initiated By: Staff Source:
City Manager's Office Michael Flaherty, Deputy City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed the Cities Combating Hunger Through Afterschool and Summer Meals Program
(CHAMPS) grant at the September 8, 2014 Study Session and approved a resolution at the October 6,
2014 City Council meeting, authorizing the City's application for funding. Acceptance of the CHAMPS
grant was authorized by City Council on December 1, 2014. The purpose of the agreement with the
Colorado Department of Education is to establish the City of Englewood as a Summer Meals sponsor .
• RECOMMENDED ACTION
The City Manager's Office is recommending that City Council adopt a Bill for an Ordinance authorizing the
City of Englewood to enter into the agreement with the Colorado Department of Education to establish
Englewood as the sponsor of a Summer Meals program as part of the City's CHAMPS grant program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The National League of Cities (NLC) Cities Combating Hunger Through Afterschool and Summer Meals
Program (CHAMPS) grant, previously approved by City Council, provides for administration of programs for
afterschool and summer meals for eligible school children. The City is initiating a summer meals program
with meals to be provided through the Colorado Department Education (CDE). The sponsor agreement is a
requirement of COE.
FINANCIAL IMPACT
There is no financial impact.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance