HomeMy WebLinkAbout2008-05-27-9:00AM-REGULARBRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
L; ELI .r
23 P kT: 3
f i
1 ~
"
1.
~ -
Y I r
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 27 MAY 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115,
BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Wassermann.
2. Call for citizen's input and/or concerns.
3. Presentation by the Brazos County Tax Assessor/Collector on recent actions of the
Navasota Independent School District regarding the collection of taxes.
Consider and take action on agenda items 4 - 20:
4. Request from Candy Gallego for funding from the County Records Management and
Preservation Fund for office furniture to facilitate the creation, management,
maintenance and storage of records created via transcription, from audio and video
sources. Funding not to exceed $5,000 (previously tabled).
5. Permission to purchase an additional portable dance floor for the Exposition Complex
in lieu of an indoor/outdoor stage.
6. Budget Amendment 07/08-32.1 thru 07/08-32.4.
7. Personnel Change of Status.
8. Payment of Claims.
Office of the County Judge • 300 East 2e St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503
/d
Commissioners Court Agenda
27 May 2008
Page 2
9. Addition of the following to the Steering Committee for selection of the architect and
remodeling of the Brazos County Courthouse:
a. Rod Anderson, County Attorney's Office
b. Judge Smith, 361St District Court
10. Appointment of Marvin Walker to the Board of Directors for the Brazos Valley Council
of Governments.
11. Appointment of Dale Picha, P.A. to the Brazos Valley Council of Governments'
Transportation Committee
12. Resolution 08-009 supporting the development of a uniform Scope of Work that can
serve as a basis for integrated justice system software to meet the needs of any county,
regardless of size or location.
13. Renewal of the contract with the Texas Department of Agriculture for the National
School Lunch Program which allows Brazos County to be reimbursed for breakfast and
lunch meals served at both the Juvenile Center and the Academy for the 2008-2009
academic year.
14. Agreement with ConocoPhillips Specialty Products, Inc. for development and tax
abatement in Reinvestment Zone 425 for commercial - industrial tax abatement.
15. Requisition in the amount of $19,861.03 to Mity-Lite, Inc. to purchase a portable dance
floor and accessories for the Exposition Complex.
16. Tax Refund Applications for the following:
a. James E. & Sharon L. Johnson
b. NCMIC Finance
c. Monica Bell Huff
d. Halex Oil Corporation
e. Margaret Taplin Wallace
f. Sandra Stanly Swoboda
g. M. D. Dollins, Inc.
h. Oakwood/Country Village MHC
i. Performance Cars & Trucks
j. Holland Porter
17. Payment Authorization in the amount of $42.50 to Affiliated Telephone - Austin, Inc.
from the Precinct 3 Justice of the Peace Office. A purchase order was not obtained in
advance.
18. Payment Authorization in the amount of $249.70 to Champion Firearms Corporation
for ammunition purchased for investigators in the District Attorney's Office to qualify
with their firearms as required by TCLEOSE. The amount of the purchase exceeded
the amount of the blanket purchase order.
19. Convene into Executive Session pursuant to §551.072 of the Texas Government Code
to discuss real property.
20. Consider and possible action on the Executive Session.
lt&
l
Commissioners Court Agenda
27 May 2008
Page 3
21. Announcement of interest items and possible future agenda topics.
22. Call for citizen input and/or concerns.
23. Agency / Board / Committee reports by Court members.
24. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meetin ~To make arrangements, call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
MAY 27, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Courthouse in Bryan, Brazos County, Texas,
beginning at 9:00 a.m. on Tuesday, May 27, 2008 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4,
Absent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input/and or concerns.
The Court heard a presentation by the Brazos County Tax
Assessor/Collector Kristy Roe. She discussed HB 1010 and the
affect on the Appraisal District. Appraisal Districts can no
longer appraise property beyond their county line. She also
spoke on recent actions of the Navasota Independent School
District concerning the collection of taxes. The Brazos County
Vol 0 Page [Cl 5
Commissioners Court meeting May 27, 2008 2
Appraisal District will collect taxes for the Navasota School
District on those properties whose owners live in the south
end of Brazos County but whose children attend Navasota
schools. There will be no cost to Brazos County.
The next matter before the Court was consideration of a
request from Candy Gallego for funding from the County Records
Management and Preservation Fund for office furniture to
facilitate the creation, management, maintenance and storage
of records created via transcription, from audio and video
sources. The funding is not to exceed $5,000. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to remove this item from the agenda.
The Court next considered a request from the Director of
Special Events Facilities for permission to purchase an
additional portable dance floor for the Exposition Center.
Cost of the dance floor with accessories is $19,861.03. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
request.
The Court next considered Budget Amendment #07/08-32.1
through 32.4 that would reallocate funds for Capital
Improvement Fund: Commissioners' Court and Exposition Complex,
Sheriff: Administration (2); and recognize equipment donated
Vol 10K Page
Commissioners Court meeting May 27, 2008 3
to the Sheriff's Department. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the budget amendments as submitted. A copy is
attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7050116 through 7050436
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was the addition of two
individuals to serve on the Steering Committee for the
selection of the Architect and remodeling of the Brazos County
Courthouse. On motion by the County Judge, seconded by
Commissioner Peters the Court voted unanimously to appoint the
following individuals:
a. Rod Anderson, Count Attorney's Office
b. Judge Steve Smith, 361St District Judge
Vol WK Page [ a 3
Commissioners Court meeting May 27, 2008 4
The next matter before the Court was the appointment of
an individual to serve on the Brazos Valley Council of
Governments Board of Directors. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to appoint Marvin Walker to serve on the Board of
Directors of the Brazos Valley Council of Governments.
The Court next considered the appointment of an
individual to serve on the Brazos Valley Council of
Governments Transportation Committee. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to appoint Dale Picha, P.E. to serve on the Brazos
Valley Council of Governments Transportation Committee.
The next matter before the Court was consideration of
Resolution 08-009 supporting the development of a uniform
Scope of work that can serve as a basis for integrated justice
system software to meet the needs of any county, regardless of
size or location. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to adopt
Resolution #08-009 supporting the development of a uniform
scope of work.
The Court next considered the renewal of the contract
with the Texas Department of Agriculture for the National
School Lunch Program which allows Brazos County to be
Vol I OAS Page (q
Commissioners Court meeting May 27, 2008 5
reimbursed for breakfast and lunch meals served at both the
Juvenile Center and the Academy for the 2008-2009 academic
year. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to authorized
the County Judge to execute the documents. A copy is attached.
The next matter before the Court was consideration of an
Agreement with ConocoPhillips Specialty Products, Inc for
development and tax abatement in Reinvestment Zone #25 for
commercial-industrial tax abatement. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to table consideration at the request of court
counsel.
The Court next considered a requisition in the amount of
$19,861.03 to Mity-Lite, Inc. to purchase a portable dance
floor and accessories for the Exposition Center. On motion by
Commissioner Peters, seconded by the County Judge, the Court
voted unanimously to approve the requisition.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. James E. & Sharon L. Johnson, over payment $9.21
b. NCMIC Finance, over payment $10.00
c. Monica Bell Huff, over payment $11.36
d. Halex Oil Corporation, over payment $20.00
e. Margaret Taplin Wallace, over payment $25.47
f. Sandra Stanly Swoboda, over payment $73.30
Vol t0 Page «,A
Commissioners Court meeting May 27, 2008 6
g. M.D. Dollins, Inc., over payment $92.19
h. Oakwood/Country Village MHC, over payment $114.38
i. Performance Cars & Trucks, over payment $199.87
j. Holland Porter, over payment $1,557.15
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The Court next considered a payment authorization in the
amount of $42.50 to Affiliated Telephone-Austin, Inc. from the
Precinct 3 Justice of the Peace office. No purchase order was
obtained in advance. On motion by the County Judge, seconded
by Commissioner Peters, the Court voted unanimously to approve
the payment authorization.
The next matter before the Court was consideration of a
payment authorization in the amount of $249.70 to Champion
Firearms Corporation for ammunition purchased for
investigators in the District Attorney's Office to qualify
with their firearms as required by TCLEOSE. The amount of the
purchase exceeded the amount of the blanket purchase order. On
motion by Commissioner Mallard, seconded by Commissioner
Peters, the Court voted unanimously to approve the payment
authorization.
At 9:16 a.m. the County Judge announced the meeting closed
to the public so that the Court could meet in Closed Executive
Session to discuss the purchase of real property as allowed
Vol 0 Page 0'(0 0
Commissioners Court meeting May 27, 2008 7
under Section 551.072 of the Texas Government Code. He asked
Tina Snelling, Candy Gallego, Katie Conner, Irene Jett, Todd
McDaniel, Bob Malaise and Brett McCulley to stay in the
meeting.
At 10:54 a.m. the County Judge announced the meeting open
to the public and announced that no action would be taken on
the Closed Executive Session.
There were no announcements of interest items and
possible future agenda topics.
There was no citizen input and/or concerns.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 09 Page ~l
The foregoing minutes of the Commissioners Court meeting held
May 27, 2008 have been examined and are approved in open Court
this the day of p~j,~vr 2008, in Bryan, Brazos
County,~Texas.
Randy Si
County udge
Gt,L4LIf
Duane Peters
Commissioner, Precinct 2
arey C uley, Jr.
Commis ioner, Preci t 4
Attest:
~G~C c
McQueen
4Krh~
County Clerk
- Ak
Lloyd 'ssermann
Commissioner, Precinct 1
f
Kenny Mal d
Commissioner, Precinct 3
Vol 1 09 Page 016)
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 2008 AT
p~ L~ -I
Name
(PLEASE PRINT)
Organization/Department
/4
L
, cx, c,
#2111.2
~GG
v
(~4~ wtfle-~
. cr.
10 9 ;?-o 3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-32.1 thru 07/08-32.4
On this the 27th day of May 2008 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 27 May 2008 the Court heard and approved a budget amendment for the
2007-2008 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 11 September 2007, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 27th day of May 2008.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy,Sims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
0 'a 0 4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 32.1
5/27/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80890000
CR
Vehicles
9,861.03
4500
63000500
80293000
DR
Expo-Equipment
9,861.03
Ca ital Improvement Fund: Commissioner's Court and Exposition Complex
To reallocate funds to allow for the purchase of additional portable dance floor in lieu of an indoor/outdoor sta =e
with accessories. The portable stage was incorrect) budgeted in the vehicle account therefore funding
must be moved to the correct account tt80293000. The funds for the fans were appropriated in Ex o-E ui ment account.
Prepared By: ifj
Date: 5/22/2008
Department
County J
Approval
l b~ - ~D5
Cj-`~✓~-L~J
Date
7 a
ate
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 32.2
5/27/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
28000100
59100000
CR
DDEA
6,500.00
0100
28000100
65950000
DR
Vehicle Maintenance
6,500.00
Sheriff: Administration
To reallocate funds to allow for unexpected vehicle maintenance expenditures to vehicles that were expected to be
re lace this year. The vehicle maintenance account was appropriated $45,000.To date $41,603.12 has been ex ended
with an additional $6,823.73 encumbered which totals $48,426.85.
Prepared By: ifj
Date: 5/22/2008
10 ao6
Department Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 32.3
5/27/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3202
282300
80310000
CR
80OMHZ Communication Sys
26,500.00
3202
282300
67287000
DR
Equipment-Radios
26,500.00
Sheriff: Administration
To reallocate funds to allow for unexpected vehicle maintenance expenditures to vehicles that were expected to be
replace this year. The vehicle maintenance account was appropriated $45,000.To date $41,603.12 has been expended
with an additional $6,823.73 encumbered which totals $48,426.85.
Prepared By: ifj
Date: 5122/2008
10~ 207
Department Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 32.4
5/27/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 46023000 CR Donations-Other 29,762.50
0100 28000100 67010000 DR Donated Minor Property 29,762.50
Sheriff: Administration
To recognize equipment donated b Gold's Gym to be used in the work out room at the Sheriff Administration Building.
This donation was a roved b Commissioner Court on May 20, 2008 item number 13.
Department Approval Date
Prepared By: i
Date: 5122/2008 8
County Jud a Approval Date
169 ao8
PERSONNEL
CHANGE OF STATUS REQUESTS
:~#7 ?
Commissioner Court Date: May 27, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
272nd District Court
Odstrcil, Robert Retirement
Montoya, Ernie New Hire
District Attorney
Archambault, Chris New Hire
Hamlin, Katye New Hire
Justice of the Peace Pct.l Garcia, Loretta New Hire
Juvenile Services
New Hire
Wood, JG
Tax Office
Approved in Commissioners' Court: May 27, 2
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Callahan, Clarissa Resignation
STATE OF TEXAS§
COUNTY OF TRAVIS §
TEXAS DEPARTMENT OF AGRICULTURE
FOOD NUTRITION DIVISION
AGREEMENT
The Texas Department of Agriculture, hereinafter referred to as TDA,
AND
l3
Brazos County Juvenile, hereinafter referred to as Contractor,
Services
do hereby make and enter into this Agreement ("Agreement'), 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 (SW), 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 (collectively herein, "Programs").
This Agreement establishes or continues the rights and responsibilities of TDA and Contractor pursuant to Contractor's
participation in one or more of the above named programs as stipulated herein. If this Agreement continues as an existing
agreement, all existing terms, conditions, liabilities and obligations of the parties under the prior Agreement remain 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.
1.
MUTUAL AGREEMENTS
The Parties mutually agree:
A. If Contractor fails to provide services in accordance with the provisions of this Agreement, TDA may, upon written notice of
default to Contractor, immediately terminate the whole or any part of this Agreement, including refusal to pay claims for
reimbursement, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies
provided by law or under this Agreement
B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this
Agreement, 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
Agreement then, the parties shall be discharged from any further obligations created under the terms of this Agreement, except
for the equitable settlement of the respective accrued interest of obligations, including audit findings, incurred up to the date of
termination.
II.
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. Contractor will comply with all applicable regulations for its designated 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,
and Non-Profit Organizations (7 CFR 3052, as amended) and state policies and procedures as issued and amended by TDA.
Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents,
and approved amendments to the application) for participation in the designated program.
0 ca
B. Contractor accepts 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 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 TDA or USDA and will be responsible for the
collections and payback of any amount paid in excess of the proper claim amount.
C. Contractor must submit for TDA approval only those applications for sites which have delegated the authority for the
administration of food service operations to the Contractor or which have executed sub agreements with Contractor for the
administration of food services operations.
D. If Contractor participates in the NSLP, Contractor agrees:
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;
3. To price the lunch as a unit;
4. To claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid lunches served
to eligible children in accordance with 7 CFR part 210;
5. Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of
service, or through another counting system, if approved by TDA;
6. Limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit
school food service or such other amount as may be approved in accordance with 7 CFR §210.19(a); and
7. Maintain a financial management system as prescribed under 7 CFR §210.14(c).
E. If Contractor participates in the CACFP, Contractor shall provide or accept responsibility for the provision of organized, non-
residential child day care and will immediately report to the Texas Department of Family and Protective Services (DFPS)
Licensing or Child Protective Services staff, any suspected violations of DFPS Licensing standards or suspected abuse of
children in sponsored centers or day homes.
F. Contractor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's
Office (SAO), or any successor agency, to conduct an investigation in connection with those. finds. Contractor further agrees
to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records
requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors
through Contractor and the requirement to cooperate is included in any subcontract it awards.
G. Notification of Change of Information. Contractor agrees to submit to TDA's Food and Nutrition Division an amendment to
its application or management plan, on TDA's form, when any change occurs from information that was originally submitted
in Contractor's application.
III.
RECORD KEEPING
A. Contractor will keep financial and supporting documents, statistical records, and any other records pertinent to the services for
which a claim was submitted in the manner and detail prescribed by TDA. Unless otherwise provided by state or federal law,
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,
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 TDA and the Contractor. 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. Contractor and its subcontractors will allow -IDA and USDA officials and other appropriate officials determined by TDA 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 TDA.
C. Contractor and its subcontractors will establish a method to secure the confidentiality of records and other information relating
to clients in accordance with the applicable federal law, rules, and regulations, as well as the applicable state law and
regulations. The provision shall not be construed as limiting TDA's right of access to recipient case records or other
information relating to clients served under this contract.
d . , ~ ~4 1
IV.
CIVIL RIGHTS POLICY COMPLIANCE
A. 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 Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 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 (Title 20 U.S.C. Sections 1681-1688) and USDA regulations at 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. These provide in part that no person in the United States shall, on the ground of race, color, national
origin, age, sex, or disability 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. The contractor also agrees to comply with Health and
Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV).
Additionally, Title VI of the Civil Rights Act of 1964, and its implementing regulations at 7 CFR, Part 15, prohibit Contractor
from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the
participation of clients in its programs, benefits, or activities, on the basis of national origin. Contractor agrees to ensure that
its policies do not have the effect of excluding or limiting the participation of persons in its programs and activities, on the
basis of national origin. The contractor also agrees to take reasonable steps to provide services and information, both orally
and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are
effectively informed and can effectively participate in and benefit from its programs. Contractor accepts final administrative
responsibility for ensuring that its subcontractors take reasonable steps to provide services and information, both orally and
inwriting, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are
effectively informed and can effectively participate in and benefit from that subcontractor's programs and services.
B. Contractor hereby gives assurance that it will immediately take any measures necessary to comply with this section. 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
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 improvements made with federal financial assistance extended to the program applicant by the
TDA. 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 representation and agreements made in this assurance.
C. Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the
above Acts and permit authorized TDA, 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, TDA,
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 Agreement is authorized to sign this assurance on the behalf of the
Contractor.
D. A religious or charitable organization is eligible to be a Contractor on the same basis as any other private 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 federal law, TDA shall not
interpret this Agreement 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 this Agreement, then only the financial assistance provided by these funds will be subject to
audit. However, neither TDA's selection of a charitable or faith-based Contractor of services nor the expenditure of funds
under this Agreement is an endorsement of the Contractor's charitable or religious character, practices, or expression. The
purpose of this Agreement is the provision of services; no State expenditures have as their objective the funding of sectarian
worship, instructions, or proselytization.
Its a0
A charitable or faith-based provider of services under this Agreement shall reasonably apprise all assisted individuals of the
following: 'Neither TDA'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 participate in a religious 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 discuss the complaint with your provider or notify TDA's Food and
Nutrition Division. "
Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. § 604x, 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 TDA to these providers and assisted individuals. This Agreement
is subject to those additional rights and responsibilities.
V.
TDA CLAIMS PAYMENT
A. TDA will, subject to the federal appropriation and availability to TDA of sufficient funds for the applicable program, make
program payment to Contractor in accordance with the terms of this Agreement. No reimbursement shall be made for
performance under this Agreement occurring prior to (a) the beginning effective date of this Agreement or (b) a later date
established by TDA based on the date of receipt of a fully executed copy of this Agreement.
B. This paragraph is pursuant to §2252.903 of the Texas Government Code. Any payments owing to Contractor under this
Agreement will be applied toward elimination of 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.
VI.
I1MMGRATION
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 Agreement.
VII.
CERTIFICATION
A. Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts. Contractor certifies, by execution of this
Agreement, that neither it nor its principals are 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 Contractor agrees to the following terms:
1. The above certification is a material representation of fact upon which reliance was based when this Agreement 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 United States Department of Agriculture or other federal
department of agency, or the Texas Department of Agriculture may pursue available remedies, including suspension
and/or debarment.
2. Contractor shall provide immediate written notice to the person to which this certification is submitted if at any time
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
overage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment.
lad ~~1.3
4. 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 United States
Department of Agriculture or other federal department or agency, and/or the Texas Department of Agriculture, as
applicable.
5. Contractor further agrees by submitting this certification that it will include TDA's Form titled "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. 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. Contractor must, at
a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each
renewal.
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
Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
7. Except for contracts authorized under paragraph 4 of these terms, if 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, the United States
Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of
Agriculture may pursue available remedies, including suspension and/or debarment.
B. Federal Lobbying. This certification applies only to this Agreement 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 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.
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 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.
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, sub grant, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
Contractor shall require that the language of this certification be included in the award documents for all covered sub
awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that
all covered sub recipients shall certify and disclose accordingly.
C. Conflicts of Interest. Contractor agrees to comply with applicable state and federal laws, rules and regulations regarding
conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest and will
not acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this
Agreement.
Contractor will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents
the appearance of personal or organizational conflict of interest, or personal gain. Contractor will operate with complete
independence and objectivity without actual, potential or apparent conflict of interest with respect to the activities conducted
under this Agreement with the State of Texas.
109 04
An organizational conflict of interest is a set of facts or circumstances, a relationship, or other situation under which a
contractor, or a subcontractor has past, present, or currently planned personal or financial activities or interests that either
directly or indirectly:
1. Impairs or diminishes the offeror's, contractor's, or subcontractor's ability to render impartial or objective assistance
or advice to TDA; or
2. Provides the contractor or subcontractor an unfair competitive advantage in future TDA procurements.
Except as otherwise disclosed and approved by TDA prior to the Effective Date of this Agreement, Contractor. warrants that,
as of the Effective Date and to the best of its knowledge and belief, there are no relevant facts or circumstances that could give
rise to organizational conflict of interest affecting this Agreement: Contractor affirms that it has neither given, nor intends to
give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant or any employee or representative of same, at any time during the procurement process or in
connection with the procurement process except as allowed under relevant state and federal law.
Contractor agrees that, if after the Effective Date, Contractor discovers or is made aware of an organizational conflict of
interest, Contractor will immediately and fully disclose such interest in writing to TDA's Food and Nutrition Division. In
addition, Contractor must promptly disclose any relationship that might be perceived or represented as a conflict after its
discovery by Contractor or by TDA as a potential conflict. TDA reserves the right to make a final determination regarding the
existence of conflicts of interest, and Contractor agrees to abide by TDA's decision. The disclosure will include a description
of the action(s) that Contractor has taken or proposes to take to avoid or mitigate such conflicts.
If TDA determines that an organizational conflict of interest exists, TDA may, at its discretion, terminate this Agreement. If
TDA determines that Contractor was aware of an organizational conflict of interest before the award of this Agreement and
did not disclose the conflict to the contracting officer, such nondisclosure will be considered a material breach of the
Agreement. Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or
appropriate State or Federal law enforcement officials for further action.
Contractor must include the provisions of this Section C in all subcontracts for work to be performed similar to the service
provided by Contractor and the terms "Agreement," with the terms "Contractor" and "TDA" modified appropriately to
preserve the State's rights.
Contractor must not retain or promise to retain any person or company, or utilize or promise to utilize a consultant that
participated in TDA's development of specific criteria of this Agreement or who participated in the approval of the Contractor
for this Agreement.
Contractor will not recruit or employ any TDA professional or technical personnel who has worked on projects relating to the
subject matter of this Agreement, or who has had any influence on decisions affecting the subject matter of this Agreement,
for two (2) years following the completion of this Agreement.
Contractor certifies to its understanding and agreement regarding Conflicts of Interest.
D. Franchise Taxes. 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 the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise
taxes to the State of Texas.
E. Contractor certifies that all information submitted pursuant to this agreement is true and correct. Contractor understands that
the deliberate misrepresentation or withholding of information is a violation of this Agreement and may result in prosecution
under applicable state and federal statutes.
F. Family Code. Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business
entity named in this Agreement, bid, or application, and any individual who is a partner, shareholder, or owner with at least
25% interest in the business entity, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is inaccurate.
log a15
TERM AND TERNUNATION
In addition to other provisions of this article allowing termination, this Agreement will terminate upon the Expiration Date
unless extended in accordance with the terms of this Agreement, or terminated sooner under the terms of this Agreement. Prior to
completion of the Initial Term and any extensions or renewal thereof, all or a part of this Agreement may be terminated for any of
the following reasons:
A. Termination by mutual agreement of the Parties. This Agreement may be terminated by mutual agreement of the Parties.
Such agreement must be in writing.
B. Termination in the best interest of the State. TDA may terminate this Agreement at any time when, in its sole discretion,
TDA determines that termination is in the best interest of the State of Texas. The termination will be effective on the date
specified in TDA's Notice of Termination.
C. Termination for cause. TDA reserves the right to terminate this Agreement, in whole or in part, upon the following
conditions:
1. Assignment for the benefit of creditors, appointment of receiver, or inability to pay debts.
TDA may terminate this Agreement if Contractor:
a) Makes an assignment for the benefit of its creditors;
b) Admits in writing its inability to pay its debts generally as they become due; or
c) Consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its
property.
2. Failure to adhere to laws, rules, ordinances, or orders. TDA may terminate this Contract if a court of competent
jurisdiction finds Contractor failed to adhere to any laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction and such violation prevents or substantially impairs performance of Contractor's duties
under this Agreement.
3. Breach of confidentiality. TDA may terminate this Agreement if Contractor breaches confidentiality laws with
respect to the Services and Deliverables provided under this Agreement.
4. Failure to maintain adequate personnel or resources. TDA may terminate this Agreement if, after providing notice
and an opportunity to correct, TDA determines that Contractor has failed to supply personnel or resources and such
failure results in Contractor's inability to fulfill its duties under this Agreement.
5. Termination for gifts and gratuities.
a) TDA may terminate this Agreement following the determination by a competent judicial or quasi-judicial
authority and Contractor's exhaustion of all legal remedies that Contractor, its employees, agents or
representatives have either offered or given any thing of value an officer or employee of TDA or the State of
Texas in violation of state law.
b) Contractor must include a similar provision in each of its subcontracts and shall enforce this provision against
a subcontractor who has offered or given any thing of value to any of the persons or entities described in this
Section, whether or not the offer or gift was in Contractor's behalf
c) Termination of a subcontract by Contractor pursuant to this provision will not be a cause for termination of
this Agreement unless:
(1) Contractor fails to replace such terminated subcontractor within a reasonable time; and
(2) Such failure constitutes Cause as described in this Section.
(d) For purposes of this Section, a "thing of value" means any item of tangible or intangible property that has a
monetary value of more than $50.00 and includes, but is not limited to, cash, food, lodging, entertainment, and
charitable contributions. The term does not include contributions to holders of public office or candidates for
public office that are paid and reported in accordance with State and/or Federal law.
1 A
Dff
6. Termination for non-appropriation of funds. Notwithstanding any other provision of this Agreement, if funds for the
continued fulfillment of this Agreement by TDA are at any time not forthcoming or are insufficient, through failure
of any entity to appropriate funds or otherwise, then TDA will have the right to terminate this Agreement at no
additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding.
7. Judgment and execution.
a) TDA may terminate this Agreement if judgment for the payment of money in excess of $500,000.00 that is
not covered by insurance, is rendered by any court or governmental body against Contractor, and Contractor
does not.
(1) Discharge the judgment or provide for its discharge in accordance with the terms of the judgment;
(2) Procure a stay of execution of the judgment within 30 days from the date of entry thereof, or
(3) Perfect an appeal of such judgment and cause the execution of such judgment to be stayed during
the appeal., providing such financial reserves as may be required under generally accepted accounting
principles.
b) If a writ or warrant of attachment or any similar process is issued by any court against all or any material
portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not
released or bonded within 30 days after its entry, TDA may terminate this Agreement in accordance with this
Section.
8. Termination for insolvency.
a) TDA may terminate this Agreement if Contractor:
(1) Files for bankruptcy;
(2) Becomes or is declared insolvent, or is the subject of any proceedings related to its liquidation,
insolvency, or the appointment of a receiver or similar officer for it;
(3) Makes an assignment for the benefit of all or substantially all of its creditors; or
(4) Enters into an Agreement for the composition, extension, or readjustment of substantially all of its
obligations.
b) Contractor agrees to pay for all reasonable expenses of TDA including the cost of counsel, incident to:
(1) The enforcement of payment of all obligations of the Contractor by any action or participation in, or
in connection with a case or proceeding under Chapters 7, 11, or 13 of the United States Bankruptcy
Code, or any successor statute;
(2) A case or proceeding involving a receiver or other similar officer duly appointed to handle the
Contractor's business; or
(3) A case or proceeding in a State court initiated by TDA when previous collection attempts have been
unsuccessful.
9. Termination for Contractor's material breach of the Contract. TDA will have the right to terminate this Agreement,
in whole or in part, if TDA determines, at its sole discretion, that Contractor has materially breached this Agreement.
10. Termination for Change in Ownership of Institution. Contractor understands and agrees that this Contract is not
transferable.
IV a[7
ix
EFFECTIVE DATE AND SIGNATURES
This Agreement shall take effect on. July 1 , 200 8 , or upon signature by appropriately authorized representatives of
both parties, whichever is later. The parties hereto in their capacities stated, affix their signatures and bind themselves for the
faithful performance of the terms of this Agreement pursuant to participation in the following program or programs:
• National School Lunch Program
% School Breakfast Program
Special Milk Program
CONTRACTOR
Brazos County Juvenile Services
Name of Contracting Organization
(Please print or type)
Randy Sims
Name of Official Signing
(Please print or type)
Child and Adult Care Food Program
Summer Food Service Program
By:--'.
Signature of cha' an of the board of directors
or other offic' ho has been authorized to sign
contracts on behalf of the contracting organization.
County Judge
Title of Official
(Please print or type)
TEXAS DEPARTMENT OF AGRICULTURE
By:
TDA Representative
Date:
Revised January 2008
l0$ it&-
Texas Department of Food and Nutrition Division Form Hi
Agriculture Single Audit Identification Data December 2'
For Program Year 2009
(FND Use Only)
in
Name of Contracting Organization
Contact Person/Title
Brazos Count Juvenile Services
Patrick Munoz/
Address (Street or P.O. Box, City, State, ZIP Code)
1904 SH 21 West, Bryan, TX 77803
Area Code and Telephone No.
Texas ID No.
Contract No.
(979 )823 - 3544
17460004330000
75-61001
Contractor Fiscal Year End (mm/dd/yyyy)
Type of Contract
09/30/2008
❑ For Profit ❑ Nonprofit ❑ State Agency E] Other
Part 11
Check the appropriate box(es) to indicate the type(s) of program(s) in which you currently participate or for which you are applyir
Commodity Assistance Programs
Program Nos.
Cash Reimbursement Programs
Program No:
® A - National School Lunch/Breakfast
021187A
❑ AD - CACFP Adult Day Care
TX -
❑ B - Charitable Institutions
® BL- National School Lunch/Breakfast
TX - 021-20(
❑ C - Area Agency on Aging
❑ CC - CACFP Child Care Centers
TX - .
❑ G - Summer Camps
❑ DH - CACFP Day Care Homes
TX -
❑ H - Summer Food Service Program
❑ SF - Summer Food Service Program
TX -
❑ J - Jails
❑ SM - Special Milk Program
TX -
❑ I - TEXCAP
❑ TE - TEXCAP
TX -
❑ CS - Commodity Supplemental Food Prog.
❑ CS - Commodity Supplemental Food Prog.
TX -
in 111
A. Does your organization expend federal funds from programs other than those listed above? ❑ Yes ® No
If yes, complete Part III, B.
B. Give the source and amount of any federal funds that your organization projects to expend during the current fiscal year.
Source
Amount
Brazos County Juvenile Services Annual Budget 2007-2008 expenditures
3,821,234.00
Part IV
Single Audit Exemption - I certify that I am not required to submit an audit under the Single Audit Act for the following reason.
Check only one choice.
❑ I am a for-profit organization.
❑ I am a military base.-
® I am a nonprofit organization and expend less than $500,000 annually in total federal funding.
❑ I am an Indian Reservation.
I understand that if I meet the requirements of the Single Audit Act, now or in the future, I must submit an audit as a condition of
eligibility to participate in the Food and Nutrition Division, and that failure to do so as required could result in adverse action, including
the withholding of my claim for reimbursement payments and termination of my contract. 1 also understand that if I am a private non-
profit organization subject to the requirements of the Single Audit Act and have a financial audit performed annually, I must also obtain
a single audit on an annual basis.
C41L %\b_X
Al o
Date
1 itle
Name (please type or print) iSuperintendent
Patrick Munoz _ I~ alb
T exas Department of National School Lunch Program and School Breakfast Program
Agriculture Individual Site Information
Name of School/RCCVAfterschool Care Feeding Site
Brazos County Juvenile Detention Center
Form HIS09
December 2007
Telephone Number
(979 ) 823-3544
Jdress (Street or P_O. Box, City, State, Zip)
1904 SH 21 Safest, Bryan, T% 77803
Name of Person in Charge of Food Service Program Name of School Food Authority .
Patrick Munoz Brazos County Juvenile Detention Center
Type of Feeding Site (check all that apply)
® Day School ❑ Boarding School ❑ Combination Day School ❑ Residential Child ❑ Combination Day School and
and Boarding School . Care Institution Residential Child Care Institution
❑ Special Education School ❑ Afterschool Care Snack Site ❑ Other (specify):
1. Is the above schooVresidenbal child care institution licensed? (If yes, attach copy of license.) ❑ Yes ® No
2. Program(s) that you are applying for.
® National School Lunch Program
❑ Afterschod Care Snack program (SFA must be participating in National School Lunch Program)
® School Breakfast Program
® Severe Need School Breakfast Program Rates' Available to schools/residential child care institutions meeting the following eligibility criteria:
1. 40% or more total lunches served in second preceding year were free or reduced price; and
2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program.
Number of Months Beginning Date of Operation Ending Date of Operation
3. Number of months the school will be operating a food service program:.................. . 12 07/01/2008 0.6/30/2009
4. Number of children enrolled at school/residential child care institution: 78
A. Age Range of Children Enrolled B. Grade Levels Taught (schools only)
10 To: 16 From: 5 To: 12
From:
5.
AVERAGE DAILY PA
RTICIPATION OF CHIL
DREN IN PROGRAM
TIMES OF FOOD SERVICE
Food Service:
Free
Reduced Price
Paid
Beginning
Ending
Breakfast
48
7 a. m.
8 a. m.
Lunch
4
12 13.m.
1 P.M.
Area Eligible Afterschool Care Snack
Not Area Eligible Afterschool Care Snack
6. Attendance (for residential child care institutions only)
A. Are all of the children at the institution all day? K] Yes ❑ No
If no, do all or some of the children attend public school? ❑ All ❑ Some
If only some attend public school, how many?
If some or all attend public school, which meals do these student eat at the institution? ❑ Breakfast ❑ Lunch
B. Check if the children attend the institution on holidays andlor weekends ® Holidays ® Weekends
7. Type of Meal Service
A. Meal Preparation
® On-Site Kitchen ❑ Central Kitchen ❑ Food Service Management Company ❑ Vended Meals
(submit copy of contract and checklist) (submit copy of agreement)
❑ Other (explain:
B. Meal Planning System
❑ Enhanced Food Based Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning
Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus)
(See instructions for documents to submit.)
❑ Other (explain:
NOTE: Snacks served in the Afterschool Cane Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast and/or lunch.
8. Type of Program
❑ Separate Charges ® No Separate Charge; Cost of Meals is Included ❑ Combination of Separate Charges and
Made for Meals in Required Payment Plan/Fee No Separate Charges
I
Form M609
Page 2/12-2007
9.
Daily Price Charged for Each Meal (for programs that will charge separately
CHILDREN
ADULTS
only):
Reduced Price
Paid
Breakfast
Lunch
Not Area Eligible Aterschool Care Snack
NOTE: Area Eligible Afterschool Care Snack program sites must provide snacks free of charge to all students participating in the afterschool pre program.
10. A.
High School (optional)
Junior High (optional)
Elementary (optional)
Preschool (optional)
Residential Child Care Institution (optional)
❑ Yes ® No
❑ Yes ® No
E] Yes No
E] Yes El No
E] Yes ® No
11. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? El Yes 5j No
Questions 12 through 15 apply only to the AfterschooI Care Snack program.
12. Is attendance in afterschool care program limited to students enrolled in your schooVRCCI?
If no: In which individual public school attendance area (not district) is the site located?
NOTE: You must attach an information statement from the ISD (see instructions).
13. Indicate your school/RCCI or the public school free or reduced price enrollment percentage: Free or Reduced Price: %
14. Which required activities are included in your after school program? ❑ Educational Activities El Enrichment Activities
Licensing (for schools only)
A. Is a Texas Child Care License required for your after school care program? ❑ Yes E] No
If yes, attach copy of license. If no, attach written confirmation from TDPRS that your facility is not subject to lioensure.
B. If after school care site is not on a school campus and is exempt from licensure, are all state and local health and safety
standards met? Attach co of most recent inspections.) El Yes El No
I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation
or withholding inform . n may res in prosecution under applicable state and federal statutes.
_ Title
County Judge
Signature-Official Da
iA Staff:
Effective Date
1 ......t. M---- inrlina4o -hnthur Mar vomm SANp Wlti hp imnlemented:
High School (mandatory)
Junior High (optional)
Elementary (optional)
Preschool (optional)
Residential Child Care Institution (optional)
® Yes
® Yes El No
E] Yes [I No
[:1 Yes El No
❑ Yes ® No
B. If ap plying forth e S c hool Breakfast Program indicate whether Offer versus Serve will be implemented:
❑ Yes ❑ No
TDA Staff Signature Date
1a~ Okol
l
Texas Department of National School Lunch Program and School Breakfast Program
Agriculture Individual Site Information
Form H1609
December 2007
Name of SchoollRCCI/Afterschool Care Feeding Site
Telephone Number
Brazos County Juvenile Detention Center
( 979 ) 823-3544
Address (Street or P.O. Box, City, State, Zip)
1904 SH 21 West Bryan, Tx. 77803
Name of Person in Charge of Food Service Program
Name of School Food Authority
Patrick Munoz
Brazos County Juvenile Detention Center
Type of Feeding Site (check all that apply)
X Day School ❑ Boarding School
❑ Combination Day School ❑ Residential Child ❑ Combination Day School and
and Boarding School Care Institution Residential Child Care Institution
❑ Special Education School ❑ Afterschool Care Snack Site ❑ Other (specify):
1. Is the above school/residential child care institution licensed? (If yes, attach copy of license.) ❑ Yes x No
2. Program(s) that you are applying for:
X National School Lunch Program
❑ Afterschool Care Snack program (SFA must be participating in National School Lunch Program)
X School Breakfast Program
X Severe Need School Breakfast Program Rates' t Available to schools/residential child care institutions meeting the following eligibility criteria:
1. 40% or more total lunches served in second preceding year were free or reduced price; and
2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program.
Number of Months Beginning Date of Operation Ending Date of Operation
3. Number of months the school will be operating a food service program: 12 07/0112008 0613012009
4. Number of children enrolled at school/residential child care institution: 48
A. Age Range of Children Enrolled
Fmm• 10
5.
B. Grade Levels Taught (schools only)
To: 16 From: 5 To: 12
AVERAGE DAILY PARTICIPATION OF CHIL
DREN IN PROGRAM
TIMES OF FOOD SERVICE
Food Service:
Free
Reduced Price
Paid
Beginning
Ending
Breakfast
48
7 am
8 am
Lunch
48
12 pm
1 pm
Area Eligible Afterschool Care Snack
Not Area Eligible Afterschool Care Snack
6. Attendance (for residential child care institutions only)
A. Are all of the children at the institution all day? X Yes ❑ No
If no, do all or some of the children attend public school? ❑ All ❑ Some
If only some attend public school, how many.
If some or all attend public school, which meals do these student eat at the institution? ❑ Breakfast ❑ Lunch
B. Check if the children attend the institution on holidays and/or weekends X Holidays X Weekends
7. Type of Meal Service
A. Meal Preparation
X On-Site Kitchen
❑ Other (explain:
❑ Central Kitchen ❑ Food Service Management Company ❑ Vended Meals
(submit copy of contract and checklist) (submit copy of agreement)
B. Meal Planning System
❑ Enhanced Food Based X Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning
Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus)
(See instructions for documents to submit.)
❑ Other (explain:
NOTE: Snacks served in the Afterschool Care Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast and/or lunch.
8.
Type of Program
❑ Separate Charges X No Separate Charge; Cost of Meals is Included ❑ Combination of Separate Charges and
Made for Meals in Required Payment Plan/Fee No Separate Charges
109 go-Q-
Form H1609
Page 2/12-2007
9
Daily Price Charged for Each Meal (for programs that will charge separately
CHILDREN
ADULTS
only):
Reduced Price
Paid
Breakfast
Lunch
Not Area Eligible Afterschool Care Snack
NOTE: Area Eligible.Afterschool Care Snack program sites must provide snacks free of charge to all students participating in the afterschool care program.
10. A.
High School (mandatory)
Junior High (optional)
Elementary (optional)
Preschool (optional)
Residential Child Care Institution (optional)
X Yes
X Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes X No
B. If applying for the School Breakfast Program indicate whether Offer versus Serve will be implemented:
High School (optional)
Junior High (optional)
Elementary (optional)
Preschool (optional)
RCare Institution (optional)
E] Yes X No
❑ Yes X No
El Yes ❑ No
❑ Yes ❑ No
❑ Yes X No
11. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? ❑ Yes X No
Questions 12 through 15 apply only to the Afterschool Care Snack program.
12. Is attendance in afterschool care program limited to students enrolled in your school/RCCI? ❑ Yes ❑ No
If no: In which individual public school attendance area (not district) is the site located?
NOTE: You must attach an information statement from the ISD (see instructions).
13. Indicate your school/RCCI or the public school free or reduced price enrollment percentage Free or Reduced Price: %
14. Which required activities are included in your after school program? ❑ Educational Activities ❑ Enrichment Activities
15. Licensing (for schools only)
A. Is a Texas Child Care License required for your after school care program? ❑ Yes ❑ No
If yes, attach copy of license. If no, attach written confirmation from TDPRS that your facility is not subject to licensure.
B. If after school care site is not on a school campus and is exempt from licensure, are all state and local health and safety
standards met? (Attach copy of most recent inspections.) ❑ Yes ❑ No
I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation
or withholdingjof infor 'on may re ult in prosecution under applicable state and federal statutes.
~ Title
6Z9&& m County Judge
Signature-Official 7--De
Effective
TDA Staff Signature Date
16~
Texas Department of National School Lunch Program and School Breakfast Program
Agriculture Individual Site Information
Name of School/RCCI/Afterschool Care Feeding Site
Brazos County Academy
Address (Street or P.O. Box, City, State, Zip)
623 Mary Lake, Bryan, Tx. 77803
Name of Person in Charge of Food Service Program
Patrick Munoz
Type of Feeding Site (check all that apply)
Form H1609
December 2007
Telephone Number
( 979 ) 846-4842
Name of School Food Authority
Brazos County Juvenile Detention Center
X Day School ❑ Boarding School ❑ Combination Day School ❑ Residential Child
and Boarding School Care Institution
❑ Special Education School ❑ Afterschool Care Snack Site ❑ Other (specify):
❑ Combination Day School and
Residential Child Care Institution
1. Is the above schoollresidential child care institution licensed? (If yes, attach copy of license.) X Yes ❑ No
2. Program(s) that you are applying for:
X National School Lunch Program
❑ Afterschool Care Snack program (SFA must be participating in National School Lunch Program)
X School Breakfast Program
X Severe Need School Breakfast Program Rates` `Available to schools/residential child care institutions meeting the following eligibility criteria:
1. 40% or more total lunches served in second preceding year were free or reduced price; and
2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program.
Number of Months Beginning Date of Operation Ending Date of Operation
3. Number of months the school will be operating a food service program: 9 08/14/2008 05/30/2009
4. Number of children enrolled at school/residential child care institution: 30
A. Age Range of Children Enrolled B. Grade Levels Taught (schools only)
From: 10 To: 16 From: 5 To:
5.
12
AVERAGE DAILY PA
RTICIPATION OF CHIL
DREN IN PROGRAM
TIMES OF FOOD SERVICE
Food Service:
Free
Reduced Price
Paid
Beginning
Ending
Breakfast
30
7 a.m.
8 a.m.
Lunch
30
12 p.m.
1 P.M.
Area Eligible Afterschool Care Snack
Not Area Eligible Afterschool Care Snack
6. Attendance (for residential child care institutions only)
A. Are all of the children at the institution all day?
If no, do all or some of the children attend public school?
If only some attend public school, how many?
X Yes ❑ No
❑ All ❑ Some
if some or all attend public school, which meals do these student eat at the institution? ❑ Breakfast ❑ Lunch
B. Check if the children attend the institution on holidays and/or weekends ❑ Holidays ❑ Weekends
r.
,yam,,,
A. Meal Preparation
X On-Site Kitchen X Central Kitchen ❑ Food Service Management Company ❑ Vended Meals
(submit copy of contract and checklist) (submit copy of agreement)
B. Meal Planning System
❑ Enhanced Food Based X Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning
Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus)
(See instructions for documents to submit.)
❑ Other (explain:
NOTE: Snacks served in the Afterschool Care Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast and/or lunch.
❑ Other (explain:
8. Type of Program
F ❑ Separate Charges
Made for Meals
X No Separate Charge; Cost of Meals is Included
in Required Payment Plan/Fee
10 ~
❑ Combination of Separate Charges and
No Separate Charges
av
Form H1609
Page 2/12-2007
9.
Daily Price Charged for Each Meal (for programs that will charge separately
CHILDREN
ADULTS
only):
Reduced Price
Paid
Breakfast
Lunch
Not Area Eligible Afterschool Care Snack
NOTE: Area Eligible Afterschool Care Snack program sites must provide snacks free of charge to all students participating in the afterschool care program.
10. A. If applying for the National School Lunch Program, indicate whether Offer versus Serve will be implemented:
High School (mandatory)
Junior High (optional)
Elementary (optional)
Preschool (optional)
Residential Child Care Institution (optional)
X Yes
X Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes X No
B. If applying for the School Breakfast Program, indicate whether Offer versus Serve will be implemented:
High School (optional)
Junior High (optional)
Elementary (optional)
Preschool (optional)
Residential Child Care Institution (optional)
❑ Yes X No
❑ Yes X No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes X No
11. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? ❑ Yes X No
Questions 12 through 15 apply only to the Afterschool Care Snack program.
12. Is attendance in afterschool care program limited to students enrolled in your school/RCCI?
If no: In which individual public school attendance area (not district) is the site located?
NOTE: You must attach an information statement from the ISD (see instructions).
13. Indicate your school/RCCI or the public school free or reduced price enrollment percentage: Free or Reduced Price: %
14. Which required activities are included in your after school program? ❑ Educational Activities ❑ Enrichment Activities
15. Licensing (for schools only)
A. Is a Texas Child Care License required for your after school care program?
If yes, attach copy of license. If no, attach written confirmation from TDPRS that your facility is not subject to licensure.
B. If after school care site is not on a school campus and is exempt from licensure, are all state and local health and safety
standards met? (Attach copy of most recent inspections.)
❑ Yes ❑ No
❑ Yes ❑ No
I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation
or withholdi of informal may res in prosecution under applicable state and federal statutes.
Title
?Q~ County Judge
Sinn;;Mre-Official to
TDA Staff:
Effective Date
❑ Yes ❑ No
TDA Staff Signature /~Q~ ~C Date
Form H1610
Texas Department of National School Lunch Program and School Breakfast Program December 2007
Agriculture
Application for Participation and Policy Statement
-art I - Application
Name of School Food Authority
School Program Year: July 1, 2008 through June 30, 2009
Texas ID No. T75 tract No. Program No.
17460004330000 61001 TX 21 - 201
Contact Person
Patrick Munoz
Address (Street or P.O. Box, City, State, ZIP)
1904 SH 21;West, Bryan, TX 77803
Telephone Number Fax Number Email Address
979 ) 823-4211 pmunoz@co.brazos.tx.us
( 979 ) 823-3544
Name of School/Residential Child Care Institution (RCCI) (If more than one site, complete TDA Form H1609 for each site.)
School/RCCI Address (if different from School Food Authority address)
Type of School/RCCI (check all that apply)
® Day School ❑ Boarding School ❑ Combination Day School ® Residential Child
B r4; Q Care Institution
❑ Special Education School
School/ RCCI is:
® Public ❑ Private
❑ No If "Yes," attach copy of
letter from the IRS.
b
and oa inu c
❑ Afterschool Care Snack Site ❑ Other (specify):
r* If 'Private,' is the school/RCCI nonprofit and tax exempt ❑ Yes
under the Internal Revenue Code of 1954?
All
Total Enrollment for All Schools/RCCIS r-> r Total Number of ols Auth
Administered by Food Authority: Administered by School ol Food d Authority:
Type of Contracting Organization
❑ Government Agency ❑ Educational Institution
❑ Nonprofit Organization/Faith Based ❑ Other
Daily Participation
Current Prior Year
Average Daily Attendance 68 30
Average Daily Enrollment 32
Percentage
1. Is the above schoollRCCI licensed? (If yes, attach copy of license.) ❑ Yes FK] No
2. Program(s) that you are applying for.
® National School Lunch Program
❑ Afterschool Care Snack program (must be participating in National School Lunch Program)
® School Breakfast Program
® Severe Need School Breakfast Program Rates` *Available to schools1RCCls meeting the following eligibility criteria:
1. 40% or more total lunches served in second preceding year were free or reduced price.
2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program.
❑ Seamless Summer Program- Specify Program Year: May 1, through September 1,
Note: Form H1612 must be completed for each Seamless Summer Site.
Number of Months Beginning Date of Operation Ending Date of Operation
3. Number of months the school/RCCI will be operating a food service program:........ 12 107/01/2008 06/30/ 2009
4. Number of children enrolled at school/RCCI 78
A. Age Range of Children Enrolled B. Grade Levels Taught (schools only)
From: 10 To: 16 From: S To: 12
❑ For-Profit Organization ❑ Nonprofit Organization/Secular
Telephone Number
❑ Combination Day School and
Residential Child Care Institution
n el
(tS 00
Form H1610
Page 2112-2007
5.
Average Daily Participation of Children in Program
Times of Food Service
Food Service:
Free
Reduced Price
Paid
Beginning
Ending
Breakfast
78
0
0
7 a.m.
8 a
Lunch
Area Eligible Afterschool Care Snack
78
0
-
emu". w,
Not Area Eligible Afterschool Care Snack
6. Attendance (for residential child care institutions (RCCIs) only)
A. Are all of the children at the institution all day? ® Yes El No
If no, do all or some of the children attend public school? ❑ All ❑ Some
If only some attend public school, how many?
If some or all attend public school, which meals do these student eat at the institution? ❑ Breakfast ❑ Lunch ❑ Afterschool Snack
B. Check if the children attend the institution on holidays and/or weekends ® Holidays ® Weekends
7. Tvpe of Meal Service
A. Meal Preparation
® On-Site IGtchen ® Central Kitchen ❑ Food Service Management Company ❑ Vended Meals
(submit copy of contract and checklist) (submit copy of agreement)
❑ Other (explain):
B. Meal Planning System
❑ Enhanced Food Based ® Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning
Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus)
(See instructions for documents to submit.)
❑ Other (explain):
Note: Snacks served in the Afterschool Care Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast and/or lunch.
8. Type of Program
❑ Separate Charges ® No Separate Charge; Cost of Meals is Included ❑ Combination of Separate Charges and
Made for Meals in Required Payment Plan/Fee No Separate r9
9.
Daily Price Charged for Each Meal
CHILDREN
ADULTS
(for programs that will charge separately only):
Reduced Price
Paid
Breakfast
Lunch
Not Area Eligible Afterschool Care Snack
_ _ . " . - I n_o _:4,... --f --",ae &-a of rhama to all students oarticioa
tino in the after school care program"
10. A. If applying for the National School Lunch Program, indicate whether Offer versus Serve will be implemented:
High School (mandatory) Junior High (optional) Elementary (optional) Preschool (optional) Residential Child Care Institution (optional)
® Yes ® Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes ® No
B. If applying for the School Breakfast Program, indicate whether Offer versus Serve will be implemented:
High School (option~J;uniorrHighh Elementary (optional) Preschool (optional) Residential Child Care Institution (optional)
❑ Yes ® o ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No
1 1. Describe your training in food service program requirements for personnel (use an attachment if necessary):
Kitchen staff trained annually with NSLP and 1JSDA Civil Righ*•^ rnrriculim They are alSn _
provided food handlers training-t-hrQUgh he lnral health d pnr-t-meut Tharp is Also speei-f
training CmmPlPt d in areas of sates} --QUi (rantinuerl_nn hark)
12. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? ❑ Yes No
ti
fay' gall
Form H1610
Page 3/12-2007
Questions 13 through 18 apply only to the Afterschool Care Snack program.
If non-school/RCCI personnel, what organization is responsible for day-to-day
.3. How will the school food authority operate the after school care program? operations?
❑ Will Use School/RCCI ❑ Will Use Non-school/RCCI
Personnel Personnel:
14. Total number of sites administered by School Food Authority offering the Afterschool Care Snack program p
15. Is attendance in after school care program limited to students enrolled in your schoolfRCCI? ❑ Yes ❑ No
If no: In which individual public school attendance area (not district) is the site located?
Note: You must attach an information statement from the ISD (see instructions).
16. Indicate your school/RCCI or the public school free or reduced-price enrollment percentage: Free or Reduced Price: %
17. Which required activities are included in your after school care program? ❑ Educational Activities ❑ Enrichment Activities
16. Licensing (for schools only)
A. Is a Texas Child Care License required for your after school care program? ❑ Yes ❑ No
If yes, attach copy of license. If no, attach written confirmation from TDFPS that your facility is not subject to licensure.
B. If after school care site is not on a school campus and is exempt from liicensure, are all state and local health and safety
standards met? (Attach copy of most recent inspections.) ❑ Yes ❑ No
Part II - Policy Statement for Free and Reduced-Price Meals
If the school food authority operates a program that requires separate charges for meals, it must comply with Sections A and B.
If the school food authority operates a program that does not require separate charges for meals, it must comply with Sections B and C.
If the school food authority operates a program that requires both a separate charge and no separate charge for meals, it must comply with Sections A,
and C.
,I Section A - Programs that Charge Separate ONLY .
1. The school food authority accepts responsibility for providing free and reduced-price meals to eligible children.
2. The school food authority assures TDA that it will uniformly implement the following policy to determine children's eligibility for free and reduced-
price meals in the National School Lunch Program and School Breakfast Program. In fulfilling its responsibilities, the school authority agrees to:
a. Serve free meals to children from households whose income is equal to or less than the income eligibility standard for free meals on Form
H4504, Income Standards for Determining Free and Reduced-Price Eligibility, applicable to the contract period, or to children from
food stamp households or TANF assistance units that provide a case number.
b. Serve reduced-price meals to children from households whose income is above the income eligibility standard for free meals but equal to
or less than the standard for reduced-price meals on Form H4504, Income Standards for Determining Free and Reduced-Price
Eligibility, applicable to the contract period.
C. Provide these benefits to children from families submitting completed applications whose incomes meet the criteria on Form H4504, and to
foster children and children from families whose incomes meet the criteria on Form H4504 because of strikes, layoffs, or unemployment
d. Designate to review applications and determine
Name Title
eligibility. This official must use the criteria in this policy to determine which children are eligible for free or reduced-price meals.
e. Prohibit physical segregation of, or any other discrimination against, any child because of his eligibility for free or reduced-price meals. The
names of these children must not be published, posted, or announced in any manner. They must not be overtly identified by special tokens
or tickets or by any other means. They must not be required to (1) work for their meals; (2) use a separate lunchroom; (3) go through a
separate serving line; (4) enter the lunchroom through a separate entrance; (5) eat a meal different from the one sold to children paying the
full price; or (6) eat meals at a different time from the other children.
f. Establish and use a fair hearing procedure for parents who appeal the school's/RCCI's decisions on applications and for officials of
schools/RCCIs who dispute information in an application or the eligibility of children for free or reduced-price meals. During the appeals and
hearing, the child must continue to receive free or reduced-price meals. Records must be kept according to record retention requirements
in the National School Lunch/School Breakfast Program Handbook and agreement
Before beginning the hearing procedure, the parent or local school/RCCI official may request a conference. The conference should provide
an opportunity for the parent and school/RCCI official to discuss the situation, present information, and obtain an explanation of data
submitted in the application and decisions made. A conference must not prejudice or diminish the right to a fair hearing.
IOK a~
Form H1610
Page 4(12-2007
The hearing procedure must provide:
(1) A simple, publiclyannounced method for making an oral or written request for a hearing.
(2) An opportunity to be assisted or represented by an attorney or other person.
(3) An opportunity to examine, before and during the hearing, the documents and records presented to support the decision being
appealed.
(4) Reasonable promptness and convenience in scheduling a hearing and adequate notice of the time and place of hearing.
(5) An opportunity to present oral or documentary evidence and arguments supporting a position, without undue interference.
(6) An opportunity to question or refute testimony and evidence and to confront and cross-examine adverse witnesses.
(7) A decision made by a hearing official conducting the hearing who was not involved in the decision being appealed or in any previously
held conference.
(8) A decision by the hearing official based on oral and documentary evidence presented at the hearing that is made a part of the hearing
record.
(9) Written notfication of the hearing official's decision, including the household's right to reapply any time during the year, provided to the
parties concerned and their designated representatives.
(10) A written record that includes the decision being appealed, documentary evidence, and a summary of oral testimony presented at the
hearing, the hearing official's decision and the reasons for the decision, and a copy of the notification of the hearing official's decision
to the parties concerned.
(11) Record retention of the hearing for three years and 90 days after the end of the fiscal year to which it pertains. If audit findings have
not yet been resolved, the records must be kept until the audit issues are resolved. The record must be available for examination by
the parties concerned; or their representatives, at any reasonable time and place during the retention period.
g. Submit information for public release to the news media, local unemployment offices, and major employers contemplating large layoffs in the
area served by the school RCCI. The school food authority must send the information for public release by letter at the beginning of each
school year and when eligibility standards change. All changes in eligibility criteria must be publicly announced. The school food authority
must keep a copy of the letter transmitting the public release information for three years and 90 days after the end of the fiscal year to which
it pertains or until audit. issues ate resolved.
The public release must include:
(1) A sample of the letter to the parents (Form H4524).
(2) Form H4504.
The information for public release was or will be provided to the organizations on the dates that follow (attach a sheet if more space is
needed):
Public News Media
Organization
Organization
Date
Date
Date
-1 JOX ~ r I ;?j? q
Form H1610
Page 5112-2007
h. Establish a procedure to collect money from children who pay for their meals and a procedure to accurately record the number of free,
reduced-price, and full-price meals served. The procedure described in this item must be used so that children will not be aware of who is
receiving free and reduced-price meals.
Check the collection procedure the school food authority uses.
❑ Collection Procedure 9 - Each day children can buy tickets in the cafeteria manager's office but they do not receive the tickets. The
cafeteria manager then sends the purchased tickets and the tickets for free or reduced-price meals to the classroom. The teacher
distributes the tickets just before meal time. The tickets are coded for accounting purposes.
❑ Collection Procedure 2 - Each day children pay for their meals in the office. A list of all children who paid or are eligible for free or
reduced-price meals is prepared and sent to the cafeteria. A cashier familiar with the children checks names as children pass through
the line. After the meal service, the list is returned to the office for accounting purposes. This method works only in a small
school/RCCI where the cashier knows all the children.
❑ Collection Procedure 3 - The homeroom teacher gives each child an envelope for daily, weekly, or monthly payments. Children
return the envelopes with the payments enclosed or empty if eligible for free meals. The envelopes are collected in the office and
coded tickets are issued to each child.
❑ Collection Procedure 4 - Parents pay in advance by the month. Each teacher receives a list of those children who have paid.
Children who receive free meals are marked paid, so only the bookkeeper knows which children receive a free meal. Teachers keep
daily records of each child served and send the records to the office for accounting purposes.
❑ Collection Procedure 5 - Meal payments are collected in the secretary's office. Payments can be made by children or parents daily,
weekly, or monthly. The secretary records payments and knows which children qualify for free or reduced-price meals. In the
classrooms, the secretary distributes identical tickets labeled only with the children's names. Since the parents may pay, even the
children may not know whether their meals are free, full-priced, or reduced-price.
❑ Collection Procedure 6 - Parents are billed monthly for full-priced or reduced-price meals their children are served. All payments
are mailed in. Al participating children receive a coded ticket each month, which is punched at each meal service. At the end of the
month, the tickets are collected and a clerk calculates the amount to be billed.
❑ Collection Procedure 7 - Other. Explain in detail. (Use an attachment if necessary.)
Describe how the daily numbers of free, reduced-price, and full-price meals are identified and counted, and the numbers recorded. (Use an
attachment if necessary.)
Describe how daily point-of-service counts are taken. The point-of-service in. the food service operation is the point at which it can be
accurately determined that a meal is reimbursable. This is usually the end of the line. If tickets or tokens are collected at the beginning,
explain how you assure that a reimbursable meal was taken. (Use an attachment if necessary.)
to PUD
Form H1610
Page 6/12-2007
❑ Section B - Programs that Charge Separately AND Programs that DO NOT Charge Separately
!n fulfilling its responsibilities, the school food authority agrees:
In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race,
color, national origin, sex, age or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410
or call 800-795-3272 or 202-720-6382 (TTY). USDA is an equal opportunity provider and employer.
2. (Applicable only if operating day schools and boarding schools) - Develop and distribute to each child's parent or guardian a letter, according to
the sample attached, and an application form for free or reduced-price meals. These must be distributed at the beginning of each year and when
eligibility criteria change.
a. The school food authority must complete (1) or (2) as applicable:
(1) Form H4524 is a sample of the letter to parents whose children are in a program that charges separately for
meals. Is the school food authority using the attached sample? ❑ Yes ® No
(2) Form H4524 is a sample of the letter to parents whose children are in a program that does not charge
separately for meals. Is the school food authority using the attached sample? ❑ Yes ® No
If the answer to either (1) or (2) is "No," the school food authority must submit to TDA, with this application form, a copy of the letter they
send to parents. TDA must approve this letter before the school food authority sends it to parents. On approval, the school food authority
must attach Form HI 625-A to the letter and send both documents to parents.
b. Form H4524 is a sample of the application for free and reduced-price meals. Is the school food authority using the
attached sample? ❑ Yes ® No
The school food authority must ask parents to complete the application and return it to the determining official named in Section A of this form.
Applications and documentation of action taken are kept for three years and 90. days after the end of the fiscal year to which they pertain. If audit
findings are not resolved, the records are kept until the issues are resolved.
Applications may be filed at any time during the year. The school food authority must supply an application to parents enrolling a child in a
schooVRCCI for the first time (at any time during the year). If a child transfers from one schoollRCCI to another under the jurisdiction of the same
school food authority, his/her eligibility for a free or reduced-price meal is also transferred.
Note - Programs that Charge Separately ONLY:
All children from the same family must receive the same benefits. Within 10 workdays of receiving applications, parents or guardians
must be notified individually of the decision on their applications. Children are served meals as soon as they are determined eligible.
Form H1623 is a sample of the notification letter to the parents about the application for free and reduced-
price meals. Is the school food authority using the attached sample? ❑ Yes ❑ No
If "No," the school food authority must attach a copy of the letter being sent to parents.
When an application if denied, parents or guardians are informed in writing of the reason for denial and the hearing procedure.
The designated hearing official is
Title
Name
This person must be someone not involved in the original eligibility determination. It is suggested that the hearing official hold a higher
position than the determining official. The hearing official and the determining official cannot be the same person.
3. Submit to TDA any proposed changes to this policy statement before it is implemented. Changes are effective only when they are approved by
TDA.
4. Verify eligibility according to the National School Lunch/School Breakfast Program Handbook and program regulations.
105 X31
Form H1610
Page 7/12-2007
5. Indicate which of the provisions of this section, d any, the school food authority wants to participate in for free and reduced-price meals.
Three special provisions are available to school food authorities that affect free and reduced-price meal policy and procedures.
a. Provision 1- The annual certification of children eligible to receive FREE meals may be reduced to once every two years in
schools/RCCIs. This period can be reduced if 80% of the children in attendance are eligible for free and/or reduced-price meals based on
data from March of the previous year. Applications must still be sent annually to students who pay full-priced or reduced-price or who are
newly enrolled.
For claiming purposes, school staff must continue to keep a daily record of the number of paid, free, and reduced-price meals served to
children.
® We choose NOT to participate in Provision 1.
❑ We will participate in Provision 1, and certify that the following schools had 80% or above free and/or reduced-price
recipients participating:
Our first year under Provision 1 will be school year
Provision 2 -School food authorities may choose to serve all children at no charge. Any schooVRCCI that chooses to serve all children
meals at no charge may reduce the frequency of certification for children eligible for free and/or reduced-price meals to once every four
years.
School food authorities must submit socioeconomic data from an approved source with their base year (first year) application to implement
Provision 2, and socioeconomic data from the same source with their application for extension at the end of the four-year cycle. The base
year, or first year, that a school is on Provision 2 is part of the four-year cycle. If TDA determines at the end of the four-year cycle that there
has been negligible improvement (five percent or less improvement after adjusting for inflation) in the socioeconomic status of that school
food authority's population, the Provision 2 period may be extended another four years.
School food authorities choosing Provision 2 must use local sources other than federal reimbursement to absorb the cost of (1) meals
served to children not eligible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal
reimbursement received for each free or reduced-price meal served to children eligible for meals.
School food authorities of schools/RCCIs using Provision 2 are required to send letters and applications to parents only at the beginning of
the four-year period.
School food authorities must maintain all approved applications and eligibility documentation from the designated base year at least three
years and 90 days after the final Claim for Reimbursement of the final school year that employed base year data, or longer if required for
audit resolution.
Schools/RCCIs are required to determine daily during the first year of the four-year period the actual number of meals served to all attending
children by type (free, reduced-price, and paid). In the second, third, and fourth years, monthly claims for meals served by type (free,
reduced-price, and paid) are based on a percentage of the total number of meals served by type in the corresponding month of the first year.
® We choose NOT to participate in Provision 2.
❑ The following schools/RCCIs will participate in Provision 2:
Our base year or first year under Provision 2 will be school year
Provision 2 will be in effect for three successive school years after the base year, including school years
, and
The school year that we will be reconsidered for an extension for Provision 2 is in the fourth year or school year
1~ a3~
Form H1610
Page 8/12-2007
We will use and submit the following approved source of socioeconomic data with our application for our base year and when being
considered for an extension (check source being used):
❑ Local data collected by the city or county zoning and-economic planning office.
❑ Unemployment data.
❑ Local Food Stamp Program.certification data.
❑ Temporary Assistance for Needy Families (TANF) data (provided that eligibility standards were the same or more
restrictive in the base year as current year with allowance for inflation).
Form H4524 is a sample of the letter to parents whose children are in programs with no separate charges for meals. It can be sent to
parents for Provision 2 participants. If participating in Provision 2, you must answer the following question:
Is the school food authority using the attached sample Form H4524? ❑ Yes ❑ No
If "No," the school food authority must attach a copy of the letter being sent to parents.
C. Provision 3 - School food authorities may choose to serve all children meals at no charge. Any school/RCCI which chooses to serve all
children meats at no charge will conduct certification of children eligible for free and/or reduced-price meals during a designated base year
and will not conduct eligibility certification during the successive four-year period following the base year. The school food authority must
submit socioeconomic data from an approved source with their base year application, and from the same source with their application for
extension at the end of the four-year cycle. If TDA determines after the initial four-year period of Provision 3 that there has been negligible
change (five percent or less improvement after adjusting for inflation) in the socioeconomic status of that school food authority's population,
the Provision 3 period may be extended an additional successive four years.
School food authorities choosing Provision 3 must use local sources other than federal reimbursements to absorb the cost of (1) meals
served to children not eligible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal
reimbursement received for each free or reduced-price meal served to children eligible for meals.
School food authorities of schools/RCCIs using Provision 3 are required to send letters and applications to parents only at the beginning of
the designated base year.
School food authorities must notify households of enrolled students that all meals will be available at no charge to students during the
Provision 3 four-year period.
School food authorities must maintain all approved applications, eligibility documentation, and enrollment data from the designated base
year at least three years and 90 days after the final Claim for Reimbursement of the final school year that employed base year data, or
longer if required for audit resolution.
School food authorities must determine any increase or decrease in enrollment each year of Provision 3 based upon the school's enrollment
on October 1 annually.
Schools/RCCIs are required to determine daily during the designated base year for Provision 3 the actual number of meals served to all
attending children by type (free, reduced-price, and paid). During the four successive years after the designated base year, schools will
prepare monthly claims for meals served by type (free, reduced-price, and paid) based on the total meals claimed for the corresponding
month of the designated base year and reflecting the percent increase or decrease of the school's/RCCI's enrollment on October 1 of the
current school year, and must take total meal counts of reimbursable meals served to participating children at the point of service.
® We choose NOT to participate in Provision 3.
❑ The following schoolsIRCCis will participate in Provision 3:
Our first year under Provision 3 will be school year
Our designated base year will be school year
Provision 3 will be in effect for four successive school years after the base year, including school years
and
The school year that we will be reconsidered for an extension for Provision 3 is in the fourth year or school year
Form H1610
Page 9112-2007
We will use and submit the following approved source of socioeconomic data with our application for our base year and when being
considered for an extension (check source being used):
❑ Local" data collected by the city or county zoning and economic planning office.
❑ Unemployment data.
❑ Local Food Stamp Program certification data.
❑ -Temporary Assistance for Needy Families (TANF) data (provided that eligibility standards were the same or more
restrictive in the base year as current year with allowance for inflation).
Form H4524 is a sample of the letter to parents whose children are in programs with no separate charges for meals. It can be sent to
parents for Provision 3 participants. If participating in Provision 3, you must answer the following question:
Is the school food authority using the attached sample Form H4524? ❑ Yes ® No
If "No," the school food authority must attach a copy of the letter being sent to parents and describe how it will notify households that
meals will be available free of charge to all enrolled students.
❑ Section C - Programs that DO NOT Charge Separately ONLY
1. The school food authority is responsible for providing program benefits to eligible children.
2. The school food authority assures TDA that although no identifiable charge is established for meals, it will uniformly implement the following policy.
In fulfilling its responsibilities, the school food authority agrees to:
a. Claim as free meals only those meals served to children from families whose income is equal to or less than the income eligibility standard
for free meals on Form H4504, Standards for Determining Free and Reduced price Eligibility, applicable to the contract period, or to
children from food stamp households or TANF assistance units that provide a case number.
b. Claim as reduced-priced meals only those meals served to children from families whose income is above the income eligibility standard for
free meals but equal to or less than the standard for reduced-price meals on Form H4504, Standard for Determining Free and Reduced-
priced Eligibility, applicable to the contract period.
C. Keep documentation to support individual eligibility decisions for three years and 90 days after the end of the fiscal year to which they
pertain. If audit findings are not resolved, the records must be kept until audit issued are resolved.
d. Prevent physical segregation of, or any other discrimination against, any child. The names of the children eligible for free or reduced-price
meals may not be published, posted, or announced in any manner and children must not be overtly identified. Children must not be required
to (1) work for their meals; (2) use a separate lunchroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate
entrance; (5) eat meals at a different time; or (6) eat a different meal.
e. Designate Patrick Munoz- Superintendent - to determine eligibility for free and
Name Title
reduced-price meals. This official will use the criteria outlined in this policy to determine which individual children's claims may be made for
free or reduced-price meals.
f. Develop and keep a list with the following information about each child (for school food authorities operating RCCIs only): (1) name; (2) birth
date; (3) dates of admission and release; (4) income; and (5) eligibility determination and data (initialed by official making determination).
Note: Children at RCCIs are considered a family of one. Exceptions to this are children of house parents living at the institution. These
children must have an application on file as described in Section B, number 2.
g. Describe how daily point-of-service counts are taken. The point-of-service in the food service operation is the point at which it can be
accurately determined that a meal is reimbursable. This is usually the end of the line. If tickets or tokens are collected at the beginning,
explain how you assure that a reimbursable meal was taken (attach a sheet if needed).
Residents are only served meals that are r -bl - by our ki rheas staff A final
count is made by the child r art. staff memher when a residenr `exits the serving line an
are seated.
19 OU4
Form H1610
Page 10/12-2007
SECTION D - The following attachments are a part of the policy statement for free and reduced-price meals:
Form H1623, Notification Letter to Parents (regarding application for free and reduced-price meals)
Form H1625A, Standards for Determining Free and Reduced-Price Eligibility, to be provided to parents (will be forwarded as soon as USDA
publishes)
Form H4524, Application for Free and Reduced-Price Meals and Letter to Parents
Form H4504, Standards for Determining Free and Reduced-Price Eligibility (will be forwarded as soon as USDA publishes)
A sample Press Release (see page 10 of this form)
I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation
or withholding of information may result in prosecution under applicable state and federal statutes.
If our school food authority has applied and is approved to participate in one of the Provisions, I certify that our school food authority will
follow all rules and regulations for the Provision for which we have been approved.
- Official
Title - Official
County Judge
Da
For TDA Use Only
Effective Date:
Signature -TDA Representative
Title - TDA Representative
Date
l0& 0
Texas Department of
Agriculture
tiis is to certify that the following person(s):
Food and Nutrition Division
Certificate of Authority
Form H4S01
December 200,
.,,ame of Authorized Representative (type or print in the following order: prefix,
first name, middle name or initial, last name and suffix.)
E-mail Address
Title
erintendent
Signature - Authorized Representative
Area Code and Telephone Number
Name of Authorized Representative (type or print in the following order: prefix,
first name, middle name or initial, last name and suffer.)
E-mail Address
Assistant Director
Area Code and Telephone Number
(979) 823-3544
Signature - Authorized Representative
an
ate of ignature
is (are) designated as an Authorized Representative of
Name of Contracting Organization Program (TX) No.
Brazos Count Ju TX- ;Z -';Z 00
Address (Street, City, State, ZIP Code) Contract No.
1904 SH 21 West, Bryan, TX 77803 75- 61 D
The representative(s) designated above, and myself, acknowledge that each is individually authorized on behalf of the
.ontracting organization to make written agreements with the Texas Department of Agriculture (TDA) to operate a food program,
to sign documents or reports about the agreement and to present claims for reimbursement, when appropriate, to the agency.
By signing this document, we certify individually and collectively that to the best or our knowledge and belief; all documents
submitted physically or electronically on behalf of the above named contracting organization pursuant to our participation in
any and all programs administered by Food and Nutrition Division, TDA, arelwill be true and correct in all respects, that they
aretwill be completed according to the terms and conditions of existing agreements, including amendments, that records aretwill
be available to support any and all claims and that we will not submit claims (excluding amended/adjusted claims) for goods or
services for which we have already received payment. We recognize that we are fully responsible for any excess amounts which
may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate
misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes.
Name of Official of Contracting Organization (Type or print in the following order. Title
prefix, first name, middle name or initial, last name and suffix.)
Judge Rand Sims County Judge
E-mail Address Area Code and Telephone Number
rsims@co.brazos.tx.us /J 1 (979) 361-4102
- Official of Contracting Organization
Date Signature
Deleted Authorized Representatives: A contracting organization may not have more than three (3) authorized representatives,
including the official of the contracting agency. If you are deleting an authorized representative, list the name(s) of the
individual(s) to be removed as authorized representative(s) below:
Name of Deleted Representative
For TDA Use
Received By
Name of Deleted Representative
,,l1B?
Date of Signature
Name of Deleted Representative
Date Received
108' 236
P. a Box 12847 Austin, Texas 78711 • Voice (800) 835-5832 • (512) 463-7476 •
OFNearing impaired: (800) 735-2988 • www. agnstate. M us
r
1 U, ~C Texas Department of Agriculture
P•rAS•'~ Hazard Analysis Critical Control Points (,KACCP) Checklist FND_ 104
TODD STAPLES COIvAIISSIONER
I APPLICANT INFORMATION
d
School Food Authority (SFA) Name (School District,
County District/ Program Education Service Center (ESC) / Food
Z
1
Private School or Residential Child Care Institution)
No. and Nutrition Division (FND) Region
0
H
Brazos County Juvenile Detention Ceute
T% 021-2001 Austin FAN Food
'
W
Child Nutrition Program (CNP) Director / Authorized
s Name
ESC CNP Specialist / FND Field Operation Monitor
v1
Representative Name
Patrick Munoz
Kitt Walch
I BOLEMENTATION
1. SFA (School District, Private School or RCCI site) has submitted documentation to support a
food safety program that complies with HACCP principles and indicates that implementation
® Yes ❑ No ❑ N/A
was effective by the end of the 2005-2006 school year.
2. SFA (School District, Private School or RCCI site) has submitted documentation to support a
ram that complies with HACCP principles and indicates that implementation
ro
f
t
d
f
® Yes ❑ No ❑ N/A
g
sa
e
y p
oo
was effective within 12 months of approval of program application.
2 DEVELOPME NT OF FOOD SAFETY PROGRAM
1. Includes a process for preventing food-borne illness.
® Yes ❑ No ❑ N/A
2. Includes a plan for ensuring a clean and sanitary foodservice facility.
® Yes ❑ No ❑ N/A
3. Includes an employee personal hygiene plan.
® Yes ❑ No ❑ NIA
4. Includes documented Standard Operating Procedures (SOPs).
® Yes ❑ No ❑ N/A
5. Includes a written plan for applying the seven HACCP principles.
® Yes ❑ No ❑ N/A
Z
6. Identifies and documents in writing all menu items according to the process approach to
[fl Yes ❑ No ❑ N/A
U
HACCP.
Identifies and documents monitoring procedures.
7
® Yes ❑ No ❑ N/A
.
8. Establishes a written corrective action plan whenever procedures are not followed.
® Yes ❑ No ❑ N/A
9. Allows for the review and revision of the food safety program periodically.
® Yes ❑ No ❑ N/A
10. Includes daily, weekly and monthly duties on a food safety checklist
nR]Yes No ❑ N/A
11. Contains the proper kitchen equipment to ensure food safety and determine temperatures.
No ❑ N/A
12. Outlines and documents the training of all employees that are part of the food safety
program.
® Yes ❑ No ❑ N/A
13. Identifies and documents control measures.
® Yes ❑ No ❑ N/A
14. Establishes record-keeping requirements.
® Yes ❑ No ❑ N/A
A box marked "No" or "N/A" requires an explanation in the Notes section. The "N/A" box can only be marked if
the question is not applicable to pro regulations.
This application becomes public record and is subject to disclosure. With few exceptions, you have the right to request
and be informed about the information that the State of Texas collects about you. You are entitled to receive and
review the information upon request. You also have the right to ask the state agency to correct any information that is
determined to be incorrect. (Reference: Government Code, Sections 552.021, 552.023, and 559.004.)
Food and Nutrition Division A 21 ~0 Fe Revised02/14108
177VD-104 Hazard Analysis Critical Control Points (HACCP) Checklist
Page 2 of 3
Notes
'SIGNATURES
Signature of CNP Director / Authorized
Title
Date (mm/dd/yy)
U Z
Representative '
Superintendent
/1)007
Signature of ESC CNP Specialist / FND Field Operations Monitor
Date (mm/dd/yy)
Signature of TDA official
Date (mm/dd/yy)
Federal/State Policies and Procedures
A
~O
H
U
USDA Guidance/Requirements for Implementing a HACCP Food Safety Program:
The food safety program must include a written plan for each individual school in the SFA (school district, private
school or RCCI site) based on HACCP principles. Three main points are essential to developing this program:
sanitation, temperature control, and Standard Operating Procedures (SOPS). A school food safety program must
include documented SOPs and a written plan at each school food preparation and service site. The plan must
provide for: documenting menu items in the appropriate HACCP process category; documenting critical control
points of food production; monitoring; establishing and documenting corrective actions; recordkeeping; and
reviewing and revising the overall food safety program periodically. The US Department of Agriculture's (USDA)
Food and Nutrition Service Guidance for School Food Authorities: Developing a School Food Safety Program
Based on the Process Approach to HACCP Principles - June 2005 provides detailed guidance and requirements.
Responsibilities of Texas Department of Agriculture (TDA) Food and Nutrition Division (FND):
The FND will provide technical assistance and required training to the local SFA (school district, private school or
RCCI site) through the ESC CNP specialist or FND Field Operations Monitors in their region. The FND will
supply training materials for the HACCP policy training sessions and offer resources for school districts through
TDA's Square Meals Web site at www.squaremeals.org. Training materials for private schools and RCCIs will be
provided through on-site NSL/SBP workshops. Resources are offered through the TDA website at
www.spptexas.org. Completed checklists will be reviewed by the FND and placed in the SFA (school district,
private school or RCCI site) file. Compliance for meeting this requirement will be conducted during the scheduled
coordinated review effort and School Meal Initiative Review. TDA will distribute the HACCP checklist to SFAS
(school district, private school or RCCI site), as needed, thru the ESC CNP Specialist and directly to private
schools and RCCI sites for use as a self-evaluation tool.
Food and Nutrition Division i ~g ,37 Revised 02114108
FND-104 Hazard Analysis Critical Control Points (HACCP) Checklist
Page 3 of 3
Training sessions for HACCP implementation will be provided thru the ESC CNP Specialist and directly to private
schools and RCCI sites. Training must assist the SFAS (school districts, private schools or RCCI site) in preparing
documented standard operating procedures and a written plan for each school food preparation and service site for
applying HACCP principles. The written plan must include methods for: (i) documenting menu items in the
appropriate HACCP process category, (ii) documenting critical control points of food production, (iii) monitoring,
(iv) establishing and documenting corrective actions, (v) record keeping and (vi) reviewing and revising the overall
food safety program.
The ESC CNP Specialist or FND Field Operation staff will review the SFA's (school districts, private schools or
RCCI sites) documentation of the food safety program and use the checklist to verify that all HACCP principles
and food safety guidelines meet the minimum requirements established by Section 111 of the Child Nutrition and
WIC Reauthorization Act of 2004 (Public Law 108-265) and USDA. The ESC CNP Specialist or FND Field
Operations staff will sign the checklist and provide a copy of the checklist to the FND. The ESC CNP Specialist or
FND Field Operations staff will then submit the completed checklist to the FND for review and place it in TDA's
SFA's (school district, private school or RCCI sites) file.
A Responsibilities of the SFA Child Nutrition Program and Authorized Representative:
0 SFAs (school districts, private schools or RCCI sites), are required to participate in one regional training session
~ for HACCP implementation. Also, SFAs must submit to regional ESC CNP Specialist(s) or FND Field Operation
U Staff documentation to support a food safety program that complies with HACCP principles and food safety
guidelines outlined on the HACCP Checklist. The Food Safety Program must indicate the date the plan will be
implemented and this date must be within 12 months of approval of program application.
As of July 1, 2005, it is the responsibility of all SFAs that participate in the National School Lunch Program and/or
the School Breakfast Program to implement a comprehensive food safety program for their jurisdiction, including a
plan for every school food preparation and service site of school meals served to children in the school year. The
program must be based on HACCP principles and conform to guidance issued by the USDA in the document
Guidance for School Food Authorities: Developing a School Food Safety Program Based on the Process Approach
to HACCP Principles - June 2005. As of the end of the 2005-2006 School Year, all SFAs (school district, private
school or RCCI site), must have a fully implemented food safety program that complies with HACCP principles or
with this optional guidance.
X~ Revised 02114/08
Food and Nutrition Division ~ V
TEXAS DEPARTMENT OF AGRCULTURE
FOOD AND NUTRITION DIVISION
COMMODITIY AGREEMENT
The Texas Department of Agriculture (TDA) administers and operates federal commodity programs by agreement with the United States Department of
Agriculture (USDA). An agency or organization that is interested in receiving USDA-donated commodities must submit to TDA for approval a completed a
Form H1497, Agreement for Receipt of USDA-Donated Commodities (Expanded Nutrition Program), Form H1512, Application for Receipt of USDA-
Donated Commodities (Schools and RCCls) or Form H1608, Application for Receipt of USDA-Donated Commodities (Non-schools - All Other Sponsors).
Upon signing the agreement, an applicant agency or organization agrees to comply with the following terms and conditions:
Use, Storage, and Disposition of USDA-Donated Commodities
15. Civil Rights
1. To abide by the instructions and regulations issued by TDA and USDA for
receiving, handling, storing, and/or using USDA commodities.
2. To fairly and equitably distribute USDA commodities, as ingredients of
prepared meats or food packages, only to eligible persons and households
(or, if applicable, to qualified agencies and organizations), first come first
served.
3. To request USDA commodities only in amounts that will be properly stored
and fully utilized without waste.
4. Not to sell, trade, or dispose of commodities, including commercial
processing or repackaging into end products, without TDA approval. .
5. Not to require commodity recipients or, if applicable, eligible agencies and
organizations to pay for USDA commodities in money, materials, or service.
As applicable
6. To abide by TDA requirements for receiving shipments of donated
commodities directly from USDA.
7. To use USDA commodities in an established food service operation to
benefit persons and households that are eligible.
8. Not to reduce the amount of food received from other sources as a result of
receipt of USDA commodities.
9. To provide adequate facilities and personnel to handle, store, safeguard,
and/or distribute USDA commodities.
Accountability
10. To allow TDA and USDA to inspect, at any reasonable time, the USDA
commodities in storage and the facilities used for handling and storing
USDA commodities.
11. To accurately maintain all necessary records, including copies of the
agreement and Form H1497, H1512 or H1608. Additionally, to cooperate
during the "Annual Contract Update'
12. To maintain records for a minimum of three years and 90 days following
either the end of the federal fiscal year in which services were provided or
the expiration or termination date of a contract, or for a period greater than
three years and 90 days, if necessary, to resolve any litigation, claims, or
audit findings. (Note: Extensions to time-limited contracts are separate
contracts; resolution of litigation, claims, or audit findings occurs upon the
issuance of a final litigation order or by written agreement between the
contactor and TDA.)
13. 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 service under this contract
14. To comply with TDA policies and instructions for conducting financial and
compliance audits. Additionally, to comply with the Single Audit Act by
obtaining an organization-wide audit for those fiscals years in which single
audit criteria apply. CONTRACTOR understands that acceptance of funds
under this Contract acts as acceptance of the authority of the State
Auditor's Office (SAO), or any successor agency, to conduct an
investigation in connection with those funds. CONTRACTOR further agrees
to cooperate fully with the SAO or its successor in the conduct of the audit
or investigation, including providing all records requested. CONTRACTOR
will ensure that this clause concerning the authority to audit funds received
indirectly by subcontractors through CONTRACTOR and the requirement to
cooperate is included in any subcontract it awards.
(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 Department of Agriculture (7 CFR Part 15),
Department of Justice (28 CFR Parts 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 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 4, Chapter 24, of the Texas
Administrative Code. These provide in part that no person in the
United States shall, on the ground of race, color, national origin, sex,
age, disability, religion or political beliefs 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. 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 agreement
(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 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 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
improvements made with federal financial assistance extended to the
program applicant by the TDA. This includes any federal agreement,
arrangement, 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 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 TDA, 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, TDA, 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 TDA. The person whose signature appears on this
contract is authorized to sign this assurance on the behalf of the
Contractor.
(d) To ensure that civil rights training is provided to sub-agencies
according to TDA guidelines.
As applicable
16. To maintain receipts, freight bills, notices of arrival, availability, and
issuance of USDA commodities; inventory control sheets and storage
facility review records (including inventory sheets and review records for
leased storage space); and financial and supporting documents, statistical
records, and other records pertinent to the services for which a claim was
submitted.
17. To keep records of non-expendable property acquired under the contract for
three years and 90 days after the final disposition of the property.
Misuse of USDA Commodities
18. To reimburse TDA, according to TDA procedure, for any improper
distribution or use of USDA commodities, or for any loss of, or damage to,
USDA commodities caused by the applicant's fault or negligence.
19. That any misuse of USDA commodities may cause applicants to be
disqualified from program participation, and that reinstatement is an TDA
option.
20. That embezzlement, misuse, theft, or obtainment by fraud of USDA
commodities or, as applicable, USDA commodity-related funds, assets, or
property, shall cause the applicant to be subject to federal criminal
prosecution.
As applicable
21. Applicants and their sub-agencies, if any, have and preserve a right to
assert claims against other persons, agencies, and organizations to whom
USDA commodities are delivered for care, handling, or distribution; and,
Furthermore, may take action to obtain restitution in connection with claims
for improper distribution, use, or loss of or damage to USDA commodities.
22. To pay commercial storage and delivery costs incurred for USDA
commodities allocated.
The above assurances are given by the applicant agency or
organization to obtain: (a) federal financial assistance, grants and
loans, and/or reimbursable expenditures; (b) grants or donations of
federal property or an interest in property; (c) for the use of and to
assist the applicant, the sale or lease of federal property or an interest
in such property, or the detail of federal personnel (for no or reduced
consideration); and/or (d) for the purpose of serving the public
interest, the selling, leasing, or furnishing of services, or the
extending of any improvements made with federal financial
assistance, to the program applicant by TDA. As applicable, the
applicant's assurances also apply to any federal agreement,
arrangement, or other contract which has as one of its purposes the
provision of cash assistance.
Certification
1. Regarding Debarment, Suspension, Ineligibility, or Voluntary
Exclusion for Covered Contracts - The contractor certifies, by
execution of this agreement, that neither it or 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. (The words "covered
contract," "debarred; 'suspended," "participant,' 'persons,' '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.) By making this
certification, the contractor agrees to the following terms:
(a) 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,
USDA or other federal department or agency, or TDA may pursue
available remedies, including suspension and/or debarment.
(b) 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.
(c) Should the proposed covered contract be entered into, the contractor
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, USDA or other
federal department or agency, and/or TDA, as applicable.
(d) The contractor, when submitting this certification, will include TDA's
form Certification Regarding Debarment, Suspension, Ineligibility,
and Voluntary Exclusion for Covered Contracts, without modification,
in all covered subcontracts and in solicitations for all covered
subcontracts.
(e) A contractor may rely upon certification of a subcontractor that 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 certifications from its
covered subcontractor upon the initiation of each and upon each
renewal.
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.
Except for contractors authorized under paragraph (c) 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, USDA, or
other federal department or agency, as applicable, and/or TDA may
pursue available remedies, including suspension and/or debarment.
1 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 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, that to the best of his or her knowledge or
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 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.
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, 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 sub-awards at all tiers
(including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all covered sub-recipients shall certify
and disclose accordingly.
3. Regarding subcontracts for Goods and Services - The contractor
certifies that if it currently contracts with any organization that provides
goods and services connected to commodity use (e.g., auditor, office
equipment), it will obtain, from the subcontractor, TDA Form H2048
Certification Regarding Debarment, Suspension, Ineligibility, or Voluntary
Exclusion for Covered Contracts and Form H2049 Certification Regarding
Federal Lobbying; the forms are found in the contract applixafon packet or
can be obtained from TDA upon the contractor's request. These forms must
Io&
be maintained for three years and 90 days after the end of the contracted
period, or for three years and 90 days after the close of the federal fiscal
year to which the contract pertains. The contractor further certifies and
understands that failure to comply with this requirement is a violation of the
Food Distribution Program commodity contract and could result in
termination of that contract.
Corporation - The contractor certifies that if it is a corporation, it is either
a nonprofit corporation or is otherwise not subject to payment of franchise
taxes to the State of Texas.
Information Certification - The contractor certifies that all information
submitted pursuant to this agreement is true and correct. The contractor
understands that deliberately misrepresenting or withholding information
violates this contract and may result in prosecution under applicable state
and federal statutes.
The undersigned School/Residential Child Care Institution (RCCQ1 Non-School agrees to assume full responsibility for compliance with contract terms and
conditions, as specified by, (a) Form H1497, Agreement for Receipt of USDA-Donated Commodities (Expanded Nutrition Program), Form H1512, Application for
Receipt of USDA-Donated Commodities (Schools and RCCls) or Form H1608, Application for Receipt of USDA-Donated Commodities (Non-schools - All Other
Sponsors), (b) Commodity Agreement Terms and Conditions (this document), (c) Terms and conditions of Direct Shipping Point Procedures, if authorized by TDA to
receive commodity shipments directly from USDA; and (d) Any amendment and/or addendum, as may be required by TDA and agreed to and signed by both parties.
This agreement will remain in effect until the date specified in this document or until terminated by one or both parties. With 30 days advance written
notice, either party may terminate this agreement for cause.
For the faithful performance of the terms and conditions of this agreement, including Form H1497, H1512 or H1608 if applicable, the terms and conditions of the
Direct Shipping Point Procedures, and any amendment and/or addendum as may be necessary, the parties hereto, in their capacities stated, affix their signatures
and bind themselves.
Brazos County Juvenile Detention
Name of School/RCCI/Non-School -AuthorizeZI Representative
(Please print or type)
Patrick Munoz r h/p 6
Name of Authorized Representative Date of Signature
(Please print or type)
For TDA Use Only
Signature - TDA Representative Date of Signature
Effective Date:
Revised January 2008
ns a'f1
PLANNED ASSISTANCE LEVEL (PAL) CALCULATION SHEET
Working Document
Purpose:
Use this document to help you commit your PAL dollars for School Year 2009 (July 2008 -
June 2009). The document can also serve as a guide for completing the online PAL
Worksheet in TCS.
BEGINNING PAL $ 2.181.80
(Located in TCS)
A. Processing PAL Commitment $ 2.220.71
B. Fresh Fruit & Vegetable PAL Commitment $ 0
(Estimate 5% of Beginning PAL. Actual amount
to be listed in the TCS PAL Worksheet
at a later date.)
C. Farm to School PAL Commitment $ 0
TOTAL PAL COMMITMENT 0
(Add A, B and C)
REMAINING PAL for A & B Commodity Requests $ -38.91
(Beginning PAL minus Total PAL commitment)
Note: The remaining PAL for A & B Commodity Requests should be committed on various commodities
in the TCS Commodity Request Module.
ion atia
Texas Department of Application for Receipt of USDA-Donated
Agriculture Commodities
Schools and Residential Child Care Institutions
(National School Lunch Program and
Summer Food Service Program)
L CHILD CARE INSTITUTION INFORMATION
Form H1512
January 2008
sECTIUN 1: bUNwL OR RESIDENTIA
Name of School/RCCI
Program (TX) No.
Federal Tax ID No.
Brazos County Juvenile Detention Center
021-2001
746000433
Telephone Number (incl. A/C)
FAX Number (incl. A/C)
E-mail Address
(979) 823-3544
(979) 823-4211
pmunoz@co.brazos.tx.us
Facility Address (Street, City, State, ZIP)
County
1904 SH 21 West, Bryan, TX, 77803
Brazos
Mailing Address (if different)
C DIRECTOR SFSD INFORMATION
SECTION 2: SCHOOL FOOD SERVI E
SFSD E-mail Address
Name of SFSD
Patrick Munoz
pmunoz@co.brazos.tx.us
SFSD Telephone Number (incl. A/C)
SFSD Fax Number (incl. A/C)
(979) 823-3544
(979) 823-4211
SECTION 3: FOOD SERVICE MANAGEMENT COMPANIES
Do you employ a Food Service Management Company?
SECTION 4: TYPE OF SCHOOURCCI AND PROGRAM INFORMATION
A. Identify your school or RCCI type (check one):
❑ Public School
❑ Charter School
❑ Private School
® Residential Child Care Institution (RCCI)
❑ Yes ® No
B. Average daily participation in the National School Lunch Program (NSLP) - Applies to NSLP Contractors Only
C. Number of operating days per year
55
365
SECTION 5: CURRENT PARTICIPATION STATUS - Applies to NSLP Contractors Only
Fresh Fruits and Vegetable Program ❑ Yes ® No
Farm to School Program ❑ Yes ® No
SECTION 6: TYPE OF ORGANIZATION (OPTIONAL)
❑ Government Agency ❑ Educational Institution ❑ Nonprofit Organization/Secular
❑ Nonprofit Organization/Faith-Based ❑ Other
CERTIFICATION
I certify that the information on this form is true and correct to the best of my knowledge, and that I will immediately report to
the Texas Department of Agriculture any changes that occur to information submitted in my application. I understand that
deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal
statutes.
Lm_ j
Signature - *AHzed Representative
Patrick Munoz
Printed Name - Authorized Representative
as 1190
Date
Superintendent
Title - Authorized Representative
Form H1512
Page 2/01-2008
.th a few exceptions, you' have the right to request and be informed about the information that the Texas
Department of Agriculture (TDA) obtains about you. You are entitled to receive and review the information upon
request. You also have the right to ask TDA to correct information that is determined to be incorrect (Government
Code, Sections 552.021, 552.023, 559.004). To find out about your information and your right to request corrections,
please contact the Food Distribution Program.
FOR TDA USE ONLY
Signature - TDA Representative
Date
lag ~ +4
Texas Department of
Agriculture Food and Nutrition Division
Certificate of Authority
This is to certify that the following person(s):
Name of Authorized Representative (Type or print in the following order prefix, Title
first name, middle name or initial, last name and suffix.)
Patrick Munoz Superintendent
E-mail Address
pmunoz@co.brazos.tg_us
Area Code and Telephone Number
(979) 823-3544
Signature - Authorized Representative
Name of Authorized Representative (Type or print in the following order: prefix, Title
first name, middle name or initial, last name and suffix.)
Collin Coker Assistant Director
E-mail Address
ccoker@co.brazos.tx.us
Area Code and Telephone Number
(979) 823-3544
- Authorized Representative
is (are) designated as an Authorized Representative of
Name of Contracting Organization
Brazos County Juvenile Detention Center
Address (Street, City, State, ZIP Code)
1904 SH 21 West, Bryan, T% 77803
Form H4508
December 2007
Date of Signature
2a LE~z
ate of S gnature
Program (TX) No.
TX- 021-2001
Contract No.
75- 61001
The representative(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 Agriculture (TDA) to operate a food program,
to sign documents or reports about the agreement and to present claims for reimbursement, when appropriate, to the agency.
By signing this document, we certify individually and collectively that to the best or our knowledge and belief, all documents
submitted physically or electronically on behalf of the above named contracting organization pursuant to our participation in
any and all programs administered by Food and Nutrition Division, TDA, are/will be true and correct in all respects, that they
are/will be completed according to the terms and conditions of existing agreements, including amendments, that records are/will
be available to support any and all claims and that we will not submit claims (excluding amendedladjusted claims) for goods or
services for which we have already received payment We recognize that we are fully responsible for any excess amounts which
may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate
misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes.
Name of Official of Contracting Organization (Type or print in the following order: Title
prefix, first name, middle name or initial, last name and suffix.)
Judge Randy Sims County Judge
E-mail Address ^ Area Code and Telephone Number
Organization
51Z;
Date of
Deleted Authorized Representatives: A contracting organization may not have more than three (3) authorized representatives,
including the official of the contracting agency. If you are deleting an authorized representative, list the name(s) of the
individual(s) to be removed as authorized representative(s) below:
Name of Deleted Representative
For TDA Use Only
Received By
Name of Deleted Representative
Name of Deleted Representative
Date Received
STATE OF TEXAS
COUNTY OF TRAVIS
AMENDMENT NO. 1
Agreement for Commodities
(National School Lunch Program)
School Year 2008-2009
The Texas Department of Agriculture (TDA), hereinafter referred to as the Distribution Agency (DA) and
Brazos County Juvenile Detention Center , hereinafter referred to as the Recipient
Agency (RA) entered in an agreement effective July 1, 2008, for the purpose of receiving United States
Department of Agriculture donated commodities for use in the National School Lunch Program.
1.
In order'to test the feasibility of using the Department of Defense, Defense Supply Center Philadelphia
(DSCP), to purchase and deliver the best quality of fresh fruits and vegetables (fresh product) to shipping
points designated by RAs, both parties mutually agree to amend this agreement by adding the following
requirements for participation in the Fresh Fruits and Vegetables Project:
ORDERING SYSTEM
a. The RA shall place orders for fresh product directly with Department of Defense, Defense Supply
Center Philadelphia by using a Web Based online ordering system called FFAVORS WEB Ordering
at https://www.ffavorsweb.dscp.dla.mil. This web site includes a complete catalog of items available;
b. When ordering fresh product, the RA shall include the quantity and requested delivery date (consistent
with lead times established by the Defense Supply Office (DSO);
c. When ordering fresh product, the RA shall identify any unique ordering requirements (e.g. count, size
or grade) for DSO to ensure that accurate quality and quantity of fresh product is purchased; and
d. Notwithstanding normal ordering schedules and lead times, the RA may contact DSCP Customer
Service Representative to order from DSCP in cases of an emergency.
II.
SHIPMENT AND DELIVERY
a. When the fresh product is shipped to the RA, the RA shall be responsible for off-loading the fresh
product from the tailgate within a reasonable time. Often times the vendor will do this for you, but it
may not be required for them to do so;
b. Unless otherwise directed by DSCP, the RA shall exchange any pallets received from prior shipments
or from pallets on hand;
c. If the shipment has not arrived within one hour of the scheduled delivery time, the RA shall notify the
DSCP Customer Service Representative and take any corrective action requested by DSCP;
d. Prior to accepting any shipment, the RA shall count and verify the shipment and annotate any
overages or shortages on the vendor's ticket or government bill of lading;
e. Prior to accepting any shipment, the RA shall inspect the fresh product and call the DSCP if there is
any non-conformance, such as product quality or product damaged during shipment, to determine
disposition of the product. DSCP shall evaluate any non-conforming fresh product, utilizing
Customer Service Representatives, DSCP Product Specialists or FNS or AMS representatives, and
advise the RA as to whether to accept or reject the product and what actions to take if the fresh
product that has been accepted is later determined to be non-conforming;
~U0 L I L12
f. Acceptance of a shipment shall be made by signing and dating the delivery ticket or government bill
of lading;
g. Using the FFAVORS WEB Ordering system, the RA shall enter any quantity discrepancies
discovered prior to acceptance or any rejected product within 24 hours of delivery, if any;
i. Within 24 hours of delivery, the RA shall notify DSCP Customer Service Representative of any
quality or condition defect of the fresh product discovered after acceptance of the fresh product; and
J. The RA shall complete any evaluation form that solicits information on the quality, condition,
timeliness, delivery and cost of the fresh produce and quality of DSCP service.
Title to the fresh product shall pass to the RA upon acceptance of the fresh product at the time and place
of delivery.
III.
All terms and conditions of the original agreement not in conflict with this amendment, are continued in
full force and effect.
This amendment is effective upon signature by both parties.
Name of School:
Texas Department of Agriculture
Brazos County Juvenile Detention Center
Sig e of Representative:
Signature of Representative:
' Date: Y IN 104
Date:
d$ o14-1
STATE OF TEXAS
COUNTY OF TRAVIS
AMENDMENT NO.2
Agreement for Commodities
(National School Lunch Program)
School Year 2008-2009
The Texas Department of Agriculture (TDA), hereinafter referred to as the Distributing Agency (DA),
and Brazos County Juvenile Detention Center hereinafter referred to as the
Recipient Agency (RA) entered into an agreement effective July 1, 2008 for the purpose of receiving
United States Department of Agriculture donated commodities for use in the National School Lunch
Program (NSLP).
1.
In order to test the feasibility of using NSLP Section 4 and 11 funds to purchase fresh fruits and
vegetables through the Department of Defense (DOD), Defense Supply Center Philadelphia (DSCP), both
parties mutually agree to amend this agreement. The DSCP will purchase and deliver fresh produce to
shipping points designated by RAs. The agreement will be amended to include the following
requirements for participating in the Section 4 and 11 portion of the Fresh Fruit and Vegetable Project:
H.
ORDERING SYSTEM
a. When orders are placed with the DSCP, the RA will identify if the order is to be paid for by the RA
with NSLP Section 4 and 1 l funds.
b. Orders will only be placed for items in accordance with the Berry amendment (10 U.S.C. 2241 note).
The Berry amendment provides that DOD may purchase only domestic food products unless DOD
makes a formal finding that the product cannot be acquired as and when needed in a satisfactory
quality and sufficient quantity at U.S. market prices. In addition, the DPSC shall ensure that
purchases of fresh product are in accordance with the Buy American requirements of Section 3 (h) of
Pub. L.100-237 (U.S.C. 612c note) and 7 C.F.R. 250.23.
SHIPMENT AND DELIVERY
a. The RA will check all deliveries against invoices to ensure proper receipt of fresh products.
BILLINGS
a. The RA shall pay DPSC for all fresh product ordered and delivered. The amount owed shall be the
actual case price plus a DPSC surcharge. The surcharge includes all DPSC expenses related to orders,
acquisition, vendor invoicing, customer assistance, transportation and cold storage costs.
b. All billings are to be paid by the RA to the address specified by the DPSC within 30 days using
Section 4 and 11 funds from the NSLP reimbursements received by the RA.
III.
All terms and conditions of the original agreement as amended not in conflict with this amendment, are
continued in full force and effect.
10~ 349'
This amendment is effective upon signature by both parties.
Name of School:
Texas Department of Agriculture
Brazos Count Juvenile Detention Center
Signature of Representative:
^
Signature of Representative:
rj &
Date: 4
Date:
109 aw
TI
Group A Planned Assistance Level (PAL) Commodities Available
For School Year 2008-09
This worksheet is to record the commodities you wish to request via the online commodity request module. DO.
NOT RETURN this worksheet. Be sure that the total dollars committed do not exceed the 'Remaining PAL" figure
recorded on the PAL Calculation Worksheet. This amount includes your commitments for Processing, Fresh
Fruits and Vegetables, Farm to School and Group B PAL as ap livable).
Code
Name
Pack Size
Net Wt
Est
Cost/Case
Amount
Requested
Est Total Cost
A608
A627
Beef, Ground, Frz
Beef, Patties, Lean
40 lb Ctn
40 lb Ctn
40.00
40.00
$56.10
$66.50
$ $D - eS
$ 16 -3
A717
Beef, Crumble, S
4110 lb
40.00
$60.33
$ -
A672
A693
Pork Roast, Frz
Ham Frz Wateradd
32-40 lb Ctn
4/10 lb
32-40
40.00
$54.30
$54.30
4
$ -
$ !
A742
Tuna
6/66.5 oz Can
24.94
$56.13
$ -
A752
A726
A727
Catfish Strips
Ham, Frz, Ckd, Sliced
Ham, Frz, Cubed
4/10 lb
8/5 lb Ctn
815 lb Ctn
40.00
40.00
40.00
$126.72
$89.10
$91.94
I
Zf
$ l -
$ 3 S6 -Ya
$ 3
Total Meat
$ m - S
A507
A515
Chicken, Canned 50
Chicken, Cut-up Frz
12/50 oz Can
40 lb Ctn
37.50
0.00
$78.62
$26.48
$ -
$ -4p
A517
Chicken, Diced Frz
40 lb Ctn
0.00
$88.80
$ -
A526
A563
Chicken, Breaded 7 Pc
Chicken Fa-ita
30 lb Ctn
30 lb Ctn
0.00
r30-00
$46.40
$64.79
$
$
A528
Chicken, Patties, Frz
30 Ib Ctn
0.00
$48.72
$ -
A565
Turkey Taco Filling, Frz
30 lb Ctn
30.00
$38.89
$ -
A549
Turkey Brst Deli
40 lb Ctn
40.00
$124.65
2L
$
A548
A529
Turkey Hams
Turkey Whole, Frz
40 lb Ctn
30-60 lb Ctn
40.00
30-60
$55.31
$57.50
$ -
$ 'Z -
X537
A568
Turkey Roasts, Frz
Eggs, Whole Frz
32-48 lb Ctn
6/5 lb Ctn
32-48
30.00
$89.22
$26.26
5
$ -
$ 131 - z,
Total Poultry & Eggs
$
A061
Beans, Green Cnd
6/#10 Can
38.00
$13.62
$ -
A070
Beans, Green Frz
30 lb Ctn
30.00
$15.43
$ -
A079
Beans, Pinto Cnd
6/#10 Can
40.50
$13.95
$ -
A084
Beans, Blke a Cnd
6/#10 Can
40.50
$12.08
$ -
A085
Beans, Refried Cnd
61#10 Can
42.00
$14.66
$ -
A942
Beans, Pinto Dry
25 lb Bag
25.00
$9.63
$ -
A100
Carrots, Cnd
6/#10 Can
39.50
$14.61
$ -
A099
Carrots, Frz
30 lb Ctn
30.00
$11.56
$ -
A129
Corn Cob, Frz
96 Ear/Case
30.00
$16.18
$ -
A110
Corn, Cnd
6/#10 Can
39.75
$14.51
$ -
A130
Corn, Frz
30 lb Ctn
30.00
$18.02
$ -
A140
Peas, Cnd
6/#10 Can
39.50
$16.51
$ -
A160
Peas, Frz
30 lb Ctn
30.00
$20.48
$ -
A204
Potato Rounds, Frz
6/5 lb Pkg
30.00
$13.63
$ -
A210
Potatoes Oven, Frz
6/5 lb Pk
30.00
$14.79
$ -
A173
Potatoes Wedges, Fat Free
6/5 lb Pk
30.00
$13.67
$ -
A174
Potato Wedges, Frz
6/5 lb Pk
30.00
$13.67
$ -
A220
Sweet Potatoes, Cnd
6/#10 Can
40.50
$18.96
$ -
A224
Sweet Potatoes, Frz
6/5 lb Pkg
30.00
$20.43
$ -
A237
Salsa, Cnd
6/#10 Can
39.75
$15.34
$ -
A239
Tomato Sauce, Cnd
6/#10 Can
39.75
$11.09
$ -
A241
Tomato, Diced, Cnd
6410 Can
38.25
$12.95
$ -
A243
Spaghetti Sauce, Cnd
6/#10 Can
39.75
$10.91
$ -
A247
Tomato, Cnd
6/#10 Can
38.25
$12.61
$ -
A252
Tomato Paste, Cnd
6/#10 Can
41.62
$20.09
$ -
14 SY 09 Avail ~t~le Comm~it~~ 1 of 3
,1
Group A Planned Assistance Level (PAL) Commodities Available
For School Year 2008-09
Code
Name
Pack Size
Net Wt
Est
Cost/Case l
Amount
Requested
Est Total Cost
Total Ve etables
$ 0-
14 SY 09 Available Commodities.xis
2 of 3
10s, X51
Group A Planned Assistance Level (PAL) Commodities Available
For School Year 2008-09
me
N
C
d
P
Net Wt
Est
Cost/Case
Amount
Requested
Est Total Cost
e
o
a
24
$ '
A345
A346
A350
A le Slcs, Cnd
Apple Slc, Frz
Applesauce, Cnd
6/#10 Can
30 lb Ctn
6/#10 Can
39.00
30.00
40.50
$20.
$12.73
$14.54
8
$ '
$ '
$
A360
A382
A364
A365
A4 00
A299
A300
A301
Apricots, Cnd
Apricots, Diced
Cherries, IQF
Cherries, Frz
Fruit Mik, Cnd
Orange Juice, Sin le
Orange Juice, Cnd
Orange Juice, Frz Conc
6/#10 Can
6/#10 Can
40 lb Ctn
30 lb Ctn
6/#10 Can
7014 oz Ctn
12146 oz Can
12132 oz Can
40.50
40.50
40.00
30.00
39.75
19.00
37.50
30.00
$19.8
$22.22
$34.23
$23.55
$20.05
$7.05
$16.34
$15.53
41
$
$ -
$ '
$ -
$ '
$ '
$ '
$ '
A408
Peaches, Cling Cnd
61#10 Can
39.75
$19.
25
$ -
A409
Peaches, Diced, Cnd
6/#10 Can
39.75
$19.
66
$ '
A416
Peach Cup, Frz
96/4.4 oz Cup
26.40
$24.
14
98
$ '
hes
Frz
P
20 lb Ctn
20.00
.
$
A424
,
eac
1
05
$ '
31
Cnd
ars
P
6/#10 Can
39.50
.
$2
A4
,
e
22
$ -
A433
A434
A375
A380
Pears, Sic, Cnd
Pears, Diced, Cnd
Strawberries, Frz
Strawberries, Sliced, Frz
6/#10 Can
6/#10 Can
30 lb Ctn
30 lb Ctn
39.50
39.50
30.00
30.00
$20.
$18.89
$27.44
$24.99
$ '
$ -
$ '
Total Fruit
$ '
T c
..•c~~e..,e.,r rnmmitted to Grouo A Commodities
$ "It 3
14 SY 09 Avail le Commodities.xls 3 of 3
109 a5~