HomeMy WebLinkAboutExhibitThe fundinc from The Florida Department of Health; Bureau of Child Nutrition Programs
is based solely on a reimbursement premises. The City of Miami will only be paid for the
amount of snacks actually distributed and documented to non -duplicated children served
during the eligible months of Oct. 2010 -June 2011 and Aug 2011 -Sept 2011 currently
operating after school programs. The amount of $233,188.80 is an estimate based on an
estimated average of 60 children per site multiplied by 26 park sites multiplied by 202
service days multiplied by the current reimbursement rate of $0.74 per snack.
60 estimated kids
* 26 park sites
1560 snacks daily
* 202 service days
315,120 total snacks
* $0.74 reimbursed Der snack
$233,188.80 Total Reimbursement Amount
F OP.D., DF—PAFMT M\7 OF
Charlie Crisi Ana M. ViM me Ross, 1\i.D.,
Governor state sur2con General
CHILD CARE FDDD PRDGRAIVj MEMORANDUM
DATE: July 17, 2009
TD: Independent Child Care Centers, Sponsoring Organizations of Centers,
Afterschool Snack Programs, and Homeless Children Nutrition Program
Contractors
FROW Philip.E. Reeves, M.P.H.
Chief, Bureau of Child Nutrition Programs
SUBJECT: Reimbursement Rates Effective July 1, 2DD9
The USDA has announced the new meal reimbursement rates and cash -in -lieu of commodities
rate. Below are the Child Care Food Program reimbursement rates for meals effective from
July 1, 20D9 through June 30, 2010.
Child Care Centers
Type of Deal
Served
Free
I Reduced-PriceI
Non -Needy
I Cash in Lieu of
Commodities
Breakfast
1.46
1.16 1
0.26
N/A
Lunch or Supper
2.68
2.28---T-0.25
-
.195D
Supplement
0.74
0.37 1-
0.06
N/A
If you have questions, please contact your Program Specialist.
Bureau of Child Nutrition Programs 4052 Bald Cypress Way, Bin �A-1 7 Tallahassee; FL 32399-.1727
Borley, Lacleveia
From: Miaria_Williamson@doh.state.fl. us
Sent: Friday, September21, 2007 1:30 PM
To: Morley, Lacleveia
Cc: Lisa_Gruber@doh.state.fl.us, Ramon_Perez@doh. state. fl. us
Subject: Award letter needed for Afterschooi Snack Program
Ms. Morley,
We do not issue an Award letter stating an amount of reimbursement allowed under this
contract. The reimbursement received is based on the amount of snacks served multiplied by
the snack reimbursement rate. The Child Care Food Program which includes the Afterschool
Snack Program are federal entitlement programs, This means that your organization is
entitled to claim all eligible snacks for reimbursement with no limit on reimbursement. There is
no cap or award limit.
We can provide you with the amount of reimbursement you have received.
Let me know how I can assist you,
Maria Williamson
Policy Section
- Bureau of Child Nutrition Programs
850-245.4364
From: Perms, Ramon
Sent: Friday, September 21, 2007 12:57 PM
To: Gruber, Lisa S.
Cc: Schroeder, Millie G.; Williamson, Maria G; Peeves, Phil
Subject: FW: Award leiter needed
Importance: High
Lisa
The City of Miami is requesting a ofncial award letter before they sign the contract. They need this letter ASAP to
include it Tor the Commission's Meeting that is will be it in October Meeting.
Thanks, Ramon
fa�,.vy mere , GCir�
South Regional Supervisor
401 N.W. 5th Avenue, Suite: S -417
Miami7rL-33-1213
Tel: (3D5) 377- 5561
--- — —F -2 -(3D5)-3-7-7--5797 _ _------
From: Morley, Lacleveia [mailto:LMorley@ci.miami.fl.us]
----Sent;_-Fri.day Septernber21,2007.17
To: Perez, Ramon.
Subject: Award letter needed
Importance: High
8/11/2008
FLJZWJDn DEPART M. 7 OF 1
I EALT
Bureau of Child Nutrition Programs
Child Care Food Program
FY 20102011 CONTRACT
(Non -Pricing Program)
THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafter referred to
as the "Department," administering the United States Department of Agriculture (USDA) Child and Aduif Care Food
Program (CFDA# 10.558), codified in Florida at Section 383.011(1)(i), Florida Statutes, and known as the Child Care
Food Program, and the organization identified as the Contractor on page 9 of this contract. This contract shall
supersede all previous communications, representations, or agreements, either verbal or written between the
parties.
THE PARTIES AGREE:
1. THE CONTRACTOR AGREES:
A. To provide services in accordance with this contract and governing state and federal law, and to comply
with any state or federal rules, regulations, instructions, policies, procedures and manuals used by the Department in
its administration of the Child Care Food Program (CCFP).
B. To warrant that it will accept final administrative and financial responsibility for total Child Care Food
Program operations governed by this contract. The Contractor shall complete an application that shall include, but
not be limited to, a list of all locations at which it will operate or sponsor the operation of the Child Care Food
Program.
C. To familiarize itself with and comply with the following:
1. The terms and conditions of this contract, including Attachments I and 2 to this -contract and all
applicable rules, regulations, instructions, policies, procedures and manuals.
2. Florida Law
This contract is executed and entered into in the State of Florida, and shall be construed,
performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida.
3. Florida Department of Health Bureau of Child Nutrition Programs Child Care Food Program
manuals and guides, as though fully set forth herein, with which the Contractor here by agrees to comply as a
condition of this contract. The Contractor shall comply with the following manuals and guides as applicable: the
Procedure Manual for Sponsors of Unaffiliated Centers; the Procedure Manual for Sponsors of Day Care Homes; the
Procedure Manual for Sponsors of Affiliated Centers; the Procedure Manual for Independent Child Care Centers; the
Procedure Manual for Afterschool Snack Programs; the Financial Management Guide; A Guide to Crediting Foods;
Feeding Infants in the Child Care Food Program; the Eligibility Guide for Child Care Centers; Catering Contract
Guidance; Prospective Contractor Training for Child Care Centers; Prospective Contractor Training for the
Afterschool Snack Program; Prospective Contractor Training for the Homeless Children Nutrition Program; Sponsor
Oversight Responsibilities for Sponsors of Day Care Homes; Sponsor Oversight Responsibilities for Sponsors of
Unaffiliated Child Care Centers; Sponsor Oversight Responsibilities for Sponsors of Afterschool Snack Programs;
and Sponsor Oversight Responsibilities for Sponsors of Homeless Children Nutrition Programs.
4. Federal Law
a. As though fully set forth herein, all Child Care Food Program rules, regulations, instructions,
policies, procedures and manuals used by the Department in its administration of the Child Care Food Program,
including but not limited to applicable provisions of: Title 7 Code of Federal Regulations Part 226, "Child and Adult
Care Food Program"; Office of Management and Budget Circular A-21, "Cost Principles for Educational Institutions";
Office of Management and Budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments";
Office of Management and Budget Circular A-122, "Cost Principles for Non -Profit Organizations"; Office of
Management and .budget Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations";
USDA Food and Nutrition Service Instruction 796-2, Revision 3; Title 7 Code of Federal Regulations Part 3015,
"Uniform Federal Assistance Regulations'; and Title 7 Code of Federal Regulations Part 3016, "Uniform
Administrative Requirements For Grants And Cooperative Agreements To State And Local Governments"; Title 7
Code of Federal Regulations Part 3019, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations"; and Title 7 Code of Federal
Regulations Part 3052, "Audits of States, Local Governments, and Non -Profit Organizations."
b. The Contractor hereby agrees that it will comply with Title VI of the Civil Rights Act of 9964 (42
U.S.0 §2000d et seq.) Title IX of the Education Amendments of 1972, (20 U.S.C. §1681 et seq.) as amended,
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C., §794) as amended, the Age Discrimination Act of 1975,
FY 2010-2011 1 I-035-10
(42 U.S.C. §6101 et seq.) as amended, and all requirements imposed by the regulations of the U.S. Department of
Agriculture (Title 7 Code of Federal Regulations Part 15); Department of Justice Enforcement Guidelines, (Title 28
Code of Federal Regulations Part SO.3, 42 and 50); and USDA, Food and Nutrition Service directives or regulations
issued pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on the ground
of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or
be otherwise subject to discrimination under any program or activity for which the Contractor received Federal
financial assistance from USDA; and hereby gives assurance that it will immediately take any measures necessary
to fulfill this agreement. 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 Contractor by the USDA. 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 representations and agreements made in this contract.
C. If reimbursements paid to the Contractor exceed $100,000, the Contractor shall comply with all
applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C.
1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the
above to the department. If reimbursements paid to the Contractor exceed $I 00,0D0, the Contractor's execution of
this contract shall serve as its certification that it will not and has not used Child Care Food Program funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of congress in connection with this
contract pursuant to Title 31 United States Code Section 1352.
d. The Contractor shall not employ unauthorized aliens. The Department shall consider employment
of unauthorized aliens a violation of Section 274A(e) of the immigration and Naturalization Act. Such violation shall
be cause for unilateral cancellation of this contract by the Department.
e. The Contractor shall comply with the Pro -Children Act of 1994, Public Law 103-277, which requires
that smoking not be permitted in any portion of any indoor facility used for the provision of federaiiy funded services
including health, child care, early childhood development, education or library services on a routine or regular basis,
to children up to age 18. Failure to comply with the provisions of the law may result in the imposition of civil
monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on
the responsible entity.
f. By executing this contract, the Contractor agrees to compile data, maintain records and submit
reports as required to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel
during hours of program operation to review such records, books, and accounts as needed to ascertain compliance
with the nondiscriimnination laws. If there are any violo ions of this assurance, the USDA, Food and Nutrition Service
shall 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 USDA. The person or persons whose signatures appear below are authorized to sign this assurance on the
behalf of the Contractor.
D. To Maintain and Retain Records that are Subject to Inspection, Copying and Audit, and to Provide Audits, if
Required.
1. To establish and maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting procedures and practices that sufficiently and properly reflect all
revenues and expenditures of funds provided by the Department under this contract.
2. To retain all program related records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to this contract for a period of three (3) years
after expiration or termination of the contract, or if an audit has been initiated and audit findings have not been
resolved at the end of three (3) years, the records shall be retained until final resolution of the audit findings or any
litigation relating to the audit findings or any action subject to administrative review. Any records retained, regardless
of the time retained, shall be subject to inspection, copying, audit and review.
3. Upon expiration or termination of the contract and at the request of the Department, the Contractor
will cooperate with the Department to facilitate the duplication and transfer of any said records or documents during
the required retention period as specified in Section I., Paragraph D.2. above. The contractor agrees to maintain the
records for the requisite period, even if this contract is terminated or if the contractor has ceased operations.
4. To assure that all records shall be subject to copying, inspection, review, or audit during any
hours that the Contractor is open for business, but at minimum between the hours of 8 a.m. and 5 p -m., upon
presentation of photo identification. All Child Care Food Program records shall be maintained at the site at which the
Contractor provides program services or at the Contractor's sponsoring organization office, as appropriate to the
type of record maintained. Employees of the Department, the United States Department of Agriculture and the
Florida Department of Law Enforcement shall be provided with access to records upon presentation of identification
and shall be authorized to take physical possession of any Child Care Food Program records, or equipment
FY 2010-2011 2 1-035-10
containing such records and any other records maintained on equipment used in the Child Care Food Program.
Others requesting access shall provide identification and a letter of authorization from the Department of Health.
5. Upon presentation of identification, the Contractor shall grant appropriately designated individuals
full access to any of the Contractor's contracts and all program related records, financial records, supporting
documents, statistical records, and any other documents (including electronic storage media) pertinent to this
contract, regardless of the form in which kept, at all reasonable times, and all reasonable places, for as long as
records are retained. Individuals granted access pursuant to the terms of this contract and this provision shall
include employees of the Department, those individuals authorized in writing by the Department, personnel of the
United States Department of Agriculture and the Florida Department of Law Enforcement and federal auditors
pursuant to Title 45 Code of Federal Regulations, Part 92.
6. A not-for-profit organization or non-federal governmental entity that expends Federal awards,
including Child Care Food Program reimbursements, of $500,000 or more in its fiscal year, shall assure that a single
or program -specific audit is conducted in accordance with the provisions of Office of Management and Budget
Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the Contractor shall
consider all sources of Federal awards. The determination of amounts of Federal awards expended shall be in
accordance with the guidelines established by Office of Management and Budget Circular A-133, as revised.
7. In connection with the audit requirements addressed in Section I, Paragraph D.6, the Contractor
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of Office of Management and
Budget Circular A-133, as revised as though fully set forth herein, and shall make all records relating to the audit,
including but not limited to accountant work papers and findings, available to the Department for inspection and
copying.
8. If the Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with .the provisions of Office of Management and Budget Circular A-133, as revised, is not
required. In the event that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Office of Management and Budget Circular A-133,
as revised, the cost of the audit must be paid from non -Federal funds (i.e., the cost of such an audit must be paid
from Contractor funds obtained from other than Federal entities). Ali records relating to the audit, including but not
limited to accountant work papers and findings shall be made available to the Department for inspection and
copying.
9. Copies of audit reports for audits conducted in accordance with Office of Management and Budget
Circular A-133, as revised, and required by Section 1, Paragraph D.6, of this agreement shall be submitted within 30
days of receiving the auditor's report or nine months after the end of the audit period, whichever is sooner. Copies of
audit reports shall be submitted by or on behalf of the Contractor directly to each of the following:
a. Contract Administrative Monitoring Unit
Florida Department of Health
4052 Bald Cypress Way, Bin B-01
Tallahassee, FL 32399-1700
b. Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, IN 47132
c. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), Office
of Management and Budget Circular A-133, as revised.
E. To Submit Documents to the Department
1. In addition to any documents required to be submitted to the Department in compliance with state
and federal law, the Contractor agrees to submit any receipts, invoices, documentation or other evidence that the
Department in its sole discretion deems necessary to evaluate the validity of any and all claims for reimbursement
submitted by the Contractor. Such requirement for documentation may also require the Contractor to submit
documentation prior to payment of any claim; any claim or portion thereof that is not supported by documents
requested by the Department in writing shall be disallowed.
2. The Contractor shall provide any and all information requested by the Department which the
Department deems necessary in its sole discretion to evaluate an application to participate .in the Child Care Food
Program or an application to renew its participation in the Child Care Food Program or to evaluate a contractor's
performance in the Child Care Food Program, including but not limited to, documents which the Department
determines are necessary to evaluate the applicant's or the contractor's financial viability, administrative capability
and fiscal responsibility.
F. Departmental Approval of Contractor's Operations
1. A Contractor serving as a sponsor of any Child Care Food Program with which the contractor has
no affiliation shall obtain .prior written approval from the Department for all salaries and benefits funded by CCFP
FY 2010-2011 3 I-035-10
reimbursements. Salaries and benefits must be reasonable, prudent and necessary for the furtherance of the CCFP
in addition to being in compliance with federal law. The reasonableness of salaries and benefits shall be determined
by the Department after its review of the Contractor's operations or anticipated operations and shall not exceed
those salaries and benefits generally made available to non-profit corporation employees and officers in the same
geographical area for similar services.
2. A Contractor serving as a .sponsor of any Child Care Food Program with which the contractor has
no affiliation shall not employ staff or officers or directors who are related by blood or marriage without the prior
written approval of the Department. Any such approval will be granted only upon written documentation of
extraordinary circumstances and shall only be granted for the shortest period of time necessary to address the
justifying circumstances.
3. The Contractor shall submit budgets and budget amendments that are reasonable, prudent and
necessary for the furtherance of the CCFP. All budgets and budget amendments shall require prior written approval
by the Department. No more than four budget amendments may be filed in any federal fiscal year unless the
Contractor is able to show good cause, in the sole discretion of the Department, why additional amendments are
required due to expenses that could not be reasonably anticipated and handled through the allowed number of
amendments.
4_ The Contractor shall comply with program meal requirements as specified by the Department.
Failure to meet Department specifications, regardless of whether the requirements are more stringent than those
provided by the USDA, shall subject the Contractor to disallowance of payment for the non-compliant meals or
snacks and shall subject the Contractor to issuance of a notice of serious deficiency, proposed termination, refusal
to renew the contract, disqualification, andior suspension.
5. Contractors providing services in accordance with this contract hereby agree that they shall not
.provide services to Child Care Food Program contractors as a registered caterer with the Florida Department of
Health during the period of this contract. Contractors attempting to simultaneously perform services under this
contract and also as a registered caterer with the Florida Department of Health shall be in violation of the terms of
this agreement and may be subject to disqualification.
G. Monitoring, Compliance and Review Procedures, Administrative and Criminal Penalties
1. The Contractor agrees to submit to monitoring, compliance and reviews and subsequent
administrative and criminal penalties that may apply to include:
a. Reviews of audits conducted in accordance with Office of Management.and Budget Circular A-133,
as revised; and
b, Monitoring procedures by the Department that may include, but are not limited to, on-site visits by
Department staff, limited scope audits as defined by Office of Management and Budget Circular A-133, as revised,
and/or other procedures or audits deemed necessary in the sole discretion of the Department to evaluate program
operations.
2. The Contractor agrees to comply and cooperate with any:
a. Monitoring proceduresiprocesses deemed appropriate by the Department;
b. Additional instructions provided by the. Department to the Contractor upon the Department's
determination that an audit or a limited scope audit of the Contractor is appropriate; and
C. Inspections, reviews, investigations, or audits deemed necessary by the Department, or the State
of Florida's Comptroller or Auditor General.
3. The Contractor hereby acknowledges that any monitoring or review, whether performed by the
Department, the United States Department of Agriculture, the Florida .Department of Law Enforcement or by another
entity authorized by the Department may result in the initiation of criminal charges and that the Department will
actively-coD.p- rJateand-assistinsuch dminal_prosecution.'. _
4. Any Contractor sponsoring the CCFP shalt monitor each sponsored organization and ensure its
compliance with the requirements of state and federal rules, regulations, policies, instructions, procedures and
--- manuals—Contractor-personnel-responsible-for -monitoring-r-must-r arer-photo-identification-dernonstr-ating-their
relationship to the sponsoring organization and present it upon request.
5. Regarding inspections and regulatory actions the Contractor agrees:
a. To permit persons authorized by the Department to inspect any records, papers, documents,
facilities, and/or goods and services of the Contractor which are relevant to this contract, and/or to interview any
clients and employees of the Contractor.
b. That any inspections or monitoring visits of the Contractor's facility or of the Contractor's records
shall be made to assure the Department of the satisfactory performance of the terms and conditions of this contract.
The Contractor agrees that such visits, reviews or inspections may be announced or unannounced.
c—moo-accept-the-Department's-written-r-eport-0f findings-regar-digg-##ae-Gor+tr-ac#ori-performance-0r
compliance with the terms of this contract.
d. To provide its written response to the Department's written report of findings within the period
specified in the Department's notice of required corrective action.
FY 2010-2011 4 1-035-10
e. That the Department may or may not accept the Contractor's corrective actions. The Contractor
agrees to respond to all requests for modification of the Contractor's proposed corrective actions as specified by the
Department. The Contractor agrees that it shall correct all noted deficiencies identified by the Department consistent
with a Department approved Corrective Action Plan (CAP) within the specified period of time set forth in the
Contractor's CAP.
f. That the Contractor's failure to submit an acceptable CAP to the Department within the timeframe
provided in the Department's notice, or failure to correct noted deficiencies, or failure to maintain implemented
corrective action for a period of two years from the date of the corrective action, may at the sole and exclusive
discretion of the Department, result in:
(1) The Contractor being deemed in breach or default of this contract;
(2) Suspension of program participation;
(3) Withholding of payment to the Contractor by the Department;
(4) Termination .of this contract for cause: and
(5) The Contractor and the Contractor's responsible principal(s) and responsible individual(s) being
disqualified from participation in the CCFP and listed on the USDA National Disqualified List.
g. That the Contractor's failure to maintain an approved corrective action for a period of two years
from the implementation date of the corrective action shall result in contract termination and disqualification and
listing the Contractor, and the Contractor's responsible principal(s) and responsible individual(s) on the USDA
National Disqualified List.
h. That the Contractor's exclusive means of challenging the Department's determination of
acceptable CAP submission, successful correction of deficiencies, termination and entry of named parties on the
USDA National Disqualified List shall be the review procedures provided pursuant to the terms of this contract and
Title 7 Code of Federal Regulations, Part 226.
6. Upon termination or expiration of this contract, for a period of three years from the end of the
federal fiscal year in which the contract is terminated or expires, the Contractor agrees to :
a. Maintain all CCFP records and program related records, unless instructed by the Department to
maintain those records for a longer period of time;
b. Maintain all records pertaining to any unresolved audit or review for a minimum of three fiscal
years plus the current fiscal year or until all outstanding issues are resolved; and
C. Submit to the Department's authority regarding the issue and determination of a serious
deficiency. Failure to respond or successfully resolve any Notice of Serious Deficiency may result in the Contractor
and its responsible individual(s) and responsible principal(s) being added to the USDA National Disqualified List
pursuant to the requirements of Title 7 Code of Federal Regulations Part 226.6.
H. Indemnification. NOTE: This paragraph is not applicable to contracts executed between the Department
and state agencies or subdivisions, as defined in Section 76"0.20, Florida Statutes, or between the Department and
federal agencies or sovereign American Indian nations.
1. The Contractor shall be liable for and shall indemnify, defend, and hold harmless the Department
and all of its officers, agents, and employees from all claims, suits, judgments, or damages, consequential or
otherwise and including attorneys' fees and costs, arising out of any act, actions, neglect, or omission by the
Contractor, its agents, or employees during the performance or operation of this contract or any subsequent
modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property.
2. The Contractor's inability to evaluate liability or its evaluation of liability shall not excuse the
Contractor's duty to defend and indemnify within seven (7) days after such notice by the Department is given by
certified mail, equivalent delivery service, e-mail or facsimile transmission. Only adjudication or judgment after
-highest appeal - is -exhausted -specificallyfiinding-the Contractor -not -liable -shall excuseperfonnance-of -this provision: -
The Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. The
Department's failure to notify the Contractor of a claim shall not release the Contractor of the above duty to defend.
Assignments and Subcontracts
1. The Contractor shall not assign the responsibility of this contract to another party. Any such
assignment, transfer, or sublicense shall be null and void. The Department shall not approve any subcontract for a
day care home sponsor or a sponsor of unaffiliated child care centers for Child Care Food Program management
�Tuhctions iihc-iuding but-not-limited-to—program- inancial managem--rrt,--eligibility-review eii appravai; preparation-arrd
maintenance of enrollment rosters, tiering determinations, and submission of claims for reimbursement and
monitoring.
2. The Contractor shall not subcontract for any of the work contemplated under this contract without
prior written approval of the Department. Any subcontract otherwise occurring shall be null and void.
3. The Contractor shall be responsible for all work performed and all expenses incurred for
implementing the Child Care Food Program on behalf of the Department. If the Department permits the Contractor
to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with
vendors for services and commodities, the Contractor agrees that the Department shall not be liable to the
FY 2010-2011 5 1-035-10
subcontractor for any expenses or liabilities incurred under the subcontract and the Contractor shall be solely liable
to the subcontractor for all expenses and liabilities incurred under the subcontract. The Contractor, at its expense,
will defend the Department against such claims.
4. The State of Florida shall at all times be entitled to assign or transfer its rights, duties, or
obligations under this contract to another governmental agency in the State of Florida, upon giving prior written
notice to the Contractor. In the event the State of Florida approves transfer of the Contractor's obligations, the
Contractor remains responsible for all work performed and all expenses incurred in connection with the contract. In
addition, this contract shall bind the successors and legal representatives of the Contractor and of any legal entity
that succeeds to the obligations of the State of Florida.
Contractor as a Corporation
1. The Department recognizes that corporations may participate in the Child Care Food Program and
that such entities are recognized under Florida law as natural persons. The Department also understands that the
funds for the Child Care Food Program are funds paid by the taxpayers of the United States and therefore subject to
greater oversight than if the funds were private in nature. The Department, in performing its function, is akin to a
fiduciary on behalf of the taxpayers. In consideration of the foregoing, the provisions of this section shall apply to all
contractors organized as corporations in which stock is not publicly traded.
2. During the term of this agreement the Contractor agrees to notify the Department of any proposed
sale, transfer, other conveyance or pledge of assets. The Contractor's notice shall state the name or names of the
intended purchasers, transferees or creditors and be provided to the Department in writing no less than 30 days prior
to the date of such proposed change. Failure of the Contractor to provide such notice may result in the Department
issuing a Notice of Serious Deficiency and Notice of Proposed Termination and Disqualification of Responsible
Principals and Responsible Individuals and immediate termination of this agreement. The Department shall either
agree to or decline the proposed change and provide the Contractor written notification of its decision. If the
Contractor chooses to pursue the proposed change after the Department declines, this contract shall terminate.
3. If more than fifty percent (50%) of the stock of the Contractor's corporation is sold, transferred,
otherwise conveyed or pledged, this contract shah terrnin2te i, ,rr,ediately. Prior to suc;, tett„„inauon, the Contractor
and/or the prospective majority stockholders may apply to the Department for .participation in the program_ The.
Department shall receive and process such application pursuant to its established policies and procedures.
4. This agreement and the ,privilege of participating in the Child Care Food Program are not subject to
sale, assignment, transfer, or any otherform of conveyance.
K. Retum of Funds
To return to the Department any overpayments due to unearned funds pursuant to the terms of this contract
or applicable state or federal law, rules, regulations, instructions, policies, procedures or manuals, that are used by -
the Department in its administration of the Child Care Food Program. In the event that the Contractor or its
independent auditor discovers that an overpayment has been made, the Contractor shall notify the Department by _
certified mail within five (5) days of such discovery. In the event that the Department first discovers an overpayment
has been made, the Department will notify the Contractor by letter of such a finding. _ Repayment shall be made
pursuant to the Department's instructions to the Contractor and shall include interest as required by federal law;
such instructions may include but are not limited to a sponsor's payment to centers and a con'tractor's payment to
the Department.
L. Disallowance of Payment for Program Meals
In the event the Department discovers, prior to payment, the Contractor's failure to comply with
recordkeeping requirements pertaining to records directly supporting claims for reimbursement, the Department shall
disallow payment for any meals not supported by such records. Records that support claims for reimbursement
include, but are not limited to, free and reduced price meal applications, daily meal counts, menu records, enrollment
records, and attendance records.
M. Independent -C-5 c0ty ofthe-ContractoF
1. In performance of this contract, it is agreed between the parties that the Contractor is an
independent Contractor and that the Contractor is solely liable for the performance of all tasks contemplated by this
contract, which are not the exclusive responsibility of the Department.
2. The Contractor, its officers, agents, employees, or subcontractors in performance of this contract,
shall act in the capacity of an independent Contractor and not as an officer, employee, or agent of the State of
Florida. The Contractor shall not represent to others that it has the authority to bind the Department unless
specifically authorized in writing to do so.
FY 2010-2011 6 I-035-10
3. The Contractor, its officers, agents, employees, and its subcontractors are not entitled to state
retirement benefits, state leave benefits, or to any other compensation of state employment as a result of performing
the duties and obligations of this contract.
4. The Contractor agrees to take such actions as may -be necessary to ensure that each
subcontractor of the Contractor will be deemed to be an independent Contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of the State of Florida.
N. Training and Security
1. The Contractor agrees to attend all meetings and training sessions required by the Department.
2. Child Care Food Program records contain information that is confidential under both Florida and
federal law. The contractor agrees to maintain any and all records, documents, forms, reports, and information, in
whatever form, in a secure location with access that is sufficiently limited to protect the records.
O. Non -Pricing Policy
The Contractor agrees that all children in attendance at site(s) listed on the Site Information Form(s) and/or
Provider Information Form(s), are offered the same meal at no separate charge regardless of race, color, sex, age,
national origin, or disability, and there is no discrimination against any child in the course of the meal service based
on race, color, sex, age, national origin, or disability. The Contractor agrees to keep confidential from family day
care home providers the identity of Tier I or Tier II eligible recipients and income information pertaining to individual
households. The Contractor agrees to limit access to eligibility information to persons directly connected with the
administration and enforcement of the Child Care Food Program.
11. THE DEPARTMENT AGREES:
A. To reimburse the Contractor for meals and other allowable costs as further provided in applicable rules,
regulations, instructions, policies, procedures or manuals. Claims for reimbursement not filed with the Department
within 60.days after the close of the month in which the claim was incurred shall be disallowed except where a claim
for reimbursement has been filed late because of audit adjustments. The Department may, though is not required to,
at its sole discretion and with any necessary approval from USDA, grant an exception to this requirement.
B_ Should the Contractor violate any terms of this agreement, or any Child Care Food Program policies,
instructions, procedures, or manuals, or the rules, regulations and laws governing the program, and as a result, the
Department acts to withhold funds or to restrict or terminate the Contractor's participation in the program, the
Contractor shall be accorded a review procedure only if required by federal law pursuant to Title 7 Code of Federal
Regulations Pa. L 226.
C. To inspect or evaluate Contractor records, papers, documents, facilities, and/or the Contractor's goods and
services which are relevant to this contract and/or interview any Contractor clients or employees. Upon completion
Of any such inspection or evaluation, the Department shall provide the Contractor a written report of its findings. The
written report shall describe the Department's evaluation of the Contractor's performance of its responsibilities and
obligations as outlined in this contract.
D. To provide the Contractor a written report of its findings and a date certain by which the Contractor must
provide a written corrective action plan (CAP). When applicable, the Department shall also provide the Contractor a
written Notice of Serious Deficiency with a date certain by which the Contractor must provide its written CAP.
E. To provide the Contractor written notice of the acceptance or rejection of the Contractor's CAP. The
Department shall issue written notice to the last reported address for the Contractor and those responsible
individuals and responsible principals described in the applicable governing regulation and procedure manuals when
the rejection of a CAP requires termination of this agreement and disqualification of the Contractor and responsible
individuals and responsible principals.
Ill. THE DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on October 1, 2010, or on the date on which the contract has been signed by both
parties, whichever is later or at the discretion of the Department, pursuant to Title 7 Code of Federal Regulations
Part 226.11. The contract shall expire on September 30, 2011, and may be renewed pursuant to procedures and
requirements established by the Department.
B. This contract is a legal binding Agreement between the Contractor and the Department.
1. Entering into this Agreement may affect the Contractor's rights and responsibilities under Florida
law. It is therefore most likely that the Contractor will have individual legal concerns that are best addressed by an
attorney representing that Contractor's interests.
FY 2010-2011 7 I-035-10
2. The Department is not permitted to nor will it provide legal advice regarding this Contract. The
Department is only permitted to describe the various terms, conditions and functions of the requirements within the
Contract. The Department may not advise the Contractor as to the Contractor's rights under the Contract's
provisions. Any representation either implied or stated by any party, or any agent of the Department in this regard to
the contrary shall have no force or effect and shall not be relied upon regarding this Contract.
C. Conditional Contract. The parties intend this contract to be conditioned upon the Contractor remaining
eligible to participate in the CCFP. The requirements in this section apply if this contract is being entered into during
a period in which the Department has notified the Contractor that it intends to terminate the Contractor's CCFP
contract from a previous federal fiscal year.
1. if the Administrative Review Official (ARO) upholds the Department's current intended action to
terminate the contract with the Contractor the following additional potential results shall apply:
a. This current contract shall be terminated upon the date of the Final Order in the administrative
case without further action or notification by the CCFP;
b. Consistent with the ARO's Final Order the Contractor and each named responsible individual and
responsible principal shall be disqualified from further participation in the CCFP and each name shall be entered on
the USDA National Disqualified List. Those named parties shall be precluded from further participation in the CCFP
for a period of seven years or until any funds due the Department are repaid, whichever occurs later; and
C. Claims for goods or services provided after the rendition of the Final Order shall not be payable.
Necessary and reasonable costs of ceasing CCFP participation may be reimbursable, conditioned upon submission
of required documentation and Department approval of those costs. However, the Department shall offset
reimbursement for allowed close-out costs against any outstanding CCFP debt the Contractor may owe as of the
date of the Final Order.
2. The termination of this contract upon rendition of a Final Order shall not be automatically stayed
pending any appeal of or challenge to the Final Order.
a. Such Stay may only be obtained by filing a Motion for Stray Pending Appeal with the ARO. Should
the ARO grant the Stay, the Contractor shall be permitted to continue to participate and receive CCFP
reim,bursemiient fGr eligible meals served, and allowable administrQ ve cost- i nc=md until the tlmie 4 -or appeal has
expired, the administrative review is completed, or the appeal is dismissed. The Contractor shall waive its right to
seek such Stay if it fails to file a Motion for Stay within the period authorized in Sec. 120.68, F.S.
b. The Contractor shall waive its right to appeal the Final Order r it fails to file one copy of a Notice of
Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees
required by law, with the First District Court of Appeal, Tallahassee, Florida. The Notice of Appeal must be filed
within 30 days of the rendition of the ARO's Final Order.
D. All written notices describing an action proposed or taken by the Department with regard to the Contractor's
CCFP reimbursement or participation shall be mailed to the latest address on file with the Department. The
Contractor shall ensure that its current address is on file with the Department at all times. The Contractor shall notify
the Department in writing of any change in its business location or mailing address no later than five days after such
change takes place. The parties agree that the Department shall consider all notices as received by the Contractor
and its responsible principal(s) and responsible individual(s) five days after being sent to the last address the
Contractor reported to the Department.
E. Termination
1. Contractor Termination at Will. The Contractor may terminate .this contract Without cause upon no
less than thirty (30) calendar days notice in writing to the Department unless the Department agrees to a lesser time
-in writing. Said -notice shall -be -delivered -by -facsimile transmission,-emaili-certified-mail--return-receipt=requested,-or
in person with proof of delivery. The Contractor shall be permitted to voluntarily terminate this contract after the date
th.e.-Department-issues..a_ Notice -of Serious -Deficiency to the Contractor.-However,-theContractor._s_self_termination
under such circumstances may result in the names of the Contractor and its responsible principal(s) and responsible
individual(s) being placed on the USDA National Disqualified List.
2. Termination Because of Lack of Funds. in the event funds to finance 'this .contract become
unavailable, the Department may terminate the contract upon no less than twenty-four (24) hours notice in writing to
the Contractor. Said notice shall be delivered by facsimile transmission, email, certified mail — return receipt
requested, or in person with proof of delivery. The Department shall be the final authority as to the availability and
adequacy of funds.
3. In the event of the Contractors termination of this contract consistent with the requirements of III.
E. 1 above, the Contractor will be compensated for approved Program costs lawfully incurred prior to notification of
termination.
4. Termination for Cause. The Department may terminate this contract for cause for the Contractor's
noncompliance with any provision of this contract or for any of the serious deficiencies identified, but not limited to,
those in Attachment 1.
FY 2010-2011 8 I-035-10
Enforcement
1. Each provision of this Agreement shall be interpreted in such a way as to be effective and valid
under applicable law. If any term or provision of the contract or of any Child Care Food Program rules, regulations,
policies, procedures, instructions, or manuals is found to be illegal or unenforceable, the remainder of the contract
shall remain in full force and effect and such term or provision shall be stricken.
2. Subsequent to execution of this contract, if a direct conflict between the terns of this Agreement
and Federal Program requirements stated in Title 7 Code of Federal Regulations Part 226 and associated Program
regulation and policy occurs, such conflict shall be resolved in favor of the current Federal Program requirement for
only those parts of this Contract's requirements in direct conflict with Federal Program requirements. All other
provisions shall remain unchanged.
G. Venue
Venue for any action arising from the terms of this contract or the application of state or federal law
to any dispute between the parties to this contract shall be Leon County, Florida to the exclusion of all other courls
and jurisdictions. Any action regarding this contract or the application of state or federal law to any dispute between
the parties to this contract shall be brought to the Department for an administrative hearing that shall be conducted
in Leon County, Florida to the exclusion of all other courts and jurisdictions. Any appeal of a Final Order shall be to
the First District Court of Appeal, in Leon County, Florida to the exclusion of all other courts and jurisdictions.
As the Contractors authorized representative empowered to commit to the terms of this contract, I have been
expressly advised to seek legal advice regarding the terms of this agreement with an attomey licensed in the State
of Florida representing the interests of the corporation and/or :individual interests of associated individuals or
individuals named herein. By my signature I acknowledge that I enter into this contract freely on behalf of myself
and those who I am empowered to represent I have not relied upon .any advice from the Department or its agents
regarding this contract and the legal rights for myself or those who I am empowered to represent. l have considered
seeking appropriate legal advice. I have read the above contract and understand each section and paragraph.
IN WITNESS THEREOF, the parties hereto have caused this 9 page contract and its subject attachments,
Attachment 1 and Attachment 2, adopted and incorporated into this contract by reference, to be executed by their
undersigned official as duly authorized.
CDKTRACTOR:
P_-2384
fAuthorization Number)
City of Miami Parks E Rec .
-- (Legal *Name of Organization)
(D/B/A Name)
444 SW 2 Ave, 8th Floor
(Address)
Miami, FL 33130
SIGNATURE of Chairman of the Board,
President, Owner or Delegated Authority
PRINTED NAME: Ernest W. Burkeen, Jr.
TITLE:Director of Parks
DATE:
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
Maria Williamson, Chief,
Bureau of Child Nutrition Programs
DATE;
**Please see attached signature page**
FY 2010-2011 9 I -035-I0
City of Miami
A Florida municipal corporation
By:
Carlos A. Migoya, Acting City Manager
Date-
Attest-
By-
ate:
Attest:By:
Priscilla A
Date:
Thompson, City Clerk
Approved as to Form and Correctness:
By:
Julie O. Bru, City Attorney
Date.-
Approved
ate:
Approved as to Insurance Requirements:
By..
Gary Reshefsky, Interim Director
Date:
Authorized by Miami City Commission Resolution No
adopted . (copy attached)
a
F1:ORmA_DFPhKiNLaNf OJ
11ALT�
Bureau of Child Nutrition Programs
Child Care Food Program
CONTRACT FY 2010-2011
ATTACHMENT
This attachment incorporates the most common examples of serious deficiencies listed in Title 7 Code of Federal
Regulations Part 226 and provides example descriptions of non-compliance with program requirements. Contractors
who commit or engage in any serious deficiencies described in the federal and state laws, regulations, procedure
manuals and policies shown in Section I of this contract, including but not limited to those incorporated herein, shall
be subject to termination and disqualification from the Child Care Food Program (CCFP).
1. Submission of false information to the Department
• Failure to disclose ineligible officers, directors, key employees
• Listing fictitious employees/officers/board members on an application
• Claiming tax-exempt status when denied, rescinded, etc.
• Submitting the IRS tax-exempt determination letter of a different or defunct organization
• Concealing a conviction for any activity occurring during the previous seven years that indicates a lack of
business integrity
• Falsification of documentation
2. Permitting an individual on the USDA National Disqualified List to serve in a principal capacity with the
Contractor or at a site sponsored by the Contractor
3, Failure to operate the CCFP in conformance with performance standards established in Title 7 Code of
Federal. Regulations Part 226.6(b)(2)(vii), regarding financial viability and financial management,
administrative capability, and program accountability
• Failure to ensure provision of adequate financial resources for daily program operations
• Failureto maintain adequate funds to withstand temporary interruptions in program payments and/or fiscal
claims against the Contractor
• Failure to maintain an adequate number and type of qualified staffto ensure. proper CCFP operations
• Failure to establish and, implement internal controls and other systems to ensure fiscal accountability
• Failure of the Board of Directors to provide adequate program oversight
4. Failure to. maintain adequate records
• Failure tomaintain appropriate records to document compliance with CCFP. requirements including
budgets, approved budget amendments, and when applicable, management plans and records pertaining
to facility operations.
• Consistently missing/incomplete records during different reviews, complaint investigations, agreed -upon -
procedures reviews, or audits
• Missing/incompletelincorrect invoices, receipts, canceled checks,. inventories resulting in
false/inflated/unsubstantiated claimed costs
• Cost records not maintained according to generally accepted accounting principles resulting in
false/inflated/unsubstantiated claimed costs
5. Failure to adjust meal orders to conform to variations in the number of participants
• Inflated meal counts, such as meals claimed regularly equal the number of meals ordered/planned or the
number of participants on the center roster
--Non=compliance-with -applicable-bid procedures and -contract-requirements -of-federal -child -nutrition
programs
• Failure to competitively procure goods and services
• Anti-competitive practices, such as collusion, kickbacks, conflicts of interest
• Inclusion of non-competitive provisions in. a bid, e.g.,. "successful bidder for a contract to provide meals
must establish a scholarship fund"
FY 2010-2011 10 I-035-10
Child Care Food Program Contract
Attachment 1, Page 2
7. Claiming reimbursement for meals not served to participants
• Claiming meals delivered or planned for as meals served to participants
• Claiming meals for participants not present on a given day or for a particular meal
• Claiming meals served to non-existent children
• Claiming meals served to non -enrolled children or to staff
• Inflating facility meal counts
• Claiming non-existent and non -participating facilities
• Claiming meals for ineligible facilities
• Claiming dual participating facilities
• Claiming the same participant for the same meal at more than one facility
8. Claiming reimbursement for meals that do not meet CCFP requirements
9. Use of a food service management company that is in violation of health codes
10. Failure of a sponsoring organization to disburse payments to its facilities in accordance with its
management plan and/or CCFP requirements
• Checks to facilities prepared more than 5 days after receipt of reimbursement
• Payments sent without endorsements or otherwise incomplete
• Payments made for other than the full amount the facility is entitled to
• Payments made to a facility other than the facility that eamed the payment
• Payments made to an entity/person other than the facility without express written permission of the facility
Checks not mailed within .5 day timeframe or first .business day thereafter
• Failure to transfer full amount of facility payments to facility bank account within 5 day time frame
• Failure to maintain full amount of facility payments in commingled bank account until checks clear
• Using provider reimbursement funds to pay provider advances
• Using day care home funds to pay sponsored centers or center funds to pay day care homes
• Retaining sponsored center funds in excess of the amount approved in the management plan
11. History of administrative or financial mismanagement in any USDA child nutrition program
• Sponsor left Summer Food Service Program because of a serious documented problem in its operation
• Failure to maintain required corrective actions
• Sponsor terminated for serious deficiency in one part of the CCFP (child care center for example) applies to
administer a different part (day care homes for example)
12. Claiming reimbursement for meals served by a proprietary child care center during a calendar month in
which the center does not meet Title XX eligibility requirements or Free and Reduced eligibility
requirements, as applicable
13. Failure by a .sponsoring organization to properly classify individuals or homes in the correct
-_--_ .reimbursement.category---------_.__
__14.- Failure.of a sponsoring organization to properly exercise its oversight responsibilities
Failure to adequately monitor
Failure to require full, permanent, and systemic corrective actions
• Failure to impose sanctions on centers, sites, or day care home providers when serious deficiencies are
identified
• Failure. to follow suspension, termination, disqualification and appeal procedures
15. The fact that the Contractor or any of its principals have been declared ineligible to participate in a
publicly funded program due to violating that program's requirements
FY 2010-2011
11
I-035-10
Child Care Food Program Contract
Attachment 1, Page 3
16. Conviction of the Contractor or any of its principals for any activity that occurred during the past seven
years and that indicates a lack of business integrity as defined in Title 7 Code of Federal Regulation Part
226 and to include tax evasion, tax fraud, failing to file tax returns, passing worthless checks, and
perjury. The parties hereby agree that the term conviction shall mean having been found guilty, with or
without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
17. Failure to make payment(s) to subcontractor(s) for program services rendered
Payments made for other than the full amount the subcontractor is entitled to
• Checks not mailed within 5 business days after receipt of reimbursement or first business day thereafter
Using reimbursement funds claimed for subcontractor costs for other purposes
18. The following acts or omissions are also serious deficiencies
• Failure to make records associated with the CCFP available upon request at a reasonable time and place
Failure to maintain current licensure requirements
• Misuse of CCFP funds
• Serious mismanagement (e.g. failure to monitor properly)
• Failure to obtain a required audit
• Failure to notify the Department of change in IRS status
• Violations of IRS regulations
• Failure to remit periodic payments (required by statute or regulation) to regulatory agencies (e.g. employee
withholding for income taxes, social security, unemployment compensation)
• Failure to implement corrective action(s)within required timeframes
• Failure to follow-up/require and maintain corrective action for facility review findings
o-qfin� finfitinf o. renorrlc
• Failure to make. required repayment of program funds to the Department
Failure to comply with state incorporation, requirements
• Paying employees salaries based on the number of homes/centers recruited, paying recruitment bounties
or bonuses
• Failure to attend training required by the Department
• interfering or obstructing a Department on-site or program review of the Co.ntractor's performance under the
terms of this contract
Failure to comply w;Lh the terms of this contract v✓,;,'ch shall be identified as a failure to operate the. Program
in conformance. with the performance standards set forth in Title 7 Code of Federal Regulations Part
226.6(b)(1)(xvii) and (b)(2)(vii).
19. Failure to comply with any other financial and/or administrative requirements of Title 7 Code of Federal
Regulations, Part 226 and/or failure to comply with applicable federal or Department of Health CCFP
rules, regulations, policies, instructions,. procedures and/or manuals
FY 2010-2011 12 I-035-10
F.AFlDr. DFPhPTn�h: OF ', .
DEALT
Bureau of Child Nutrition Programs
Child Care Food Program
CONTRACT FY 2010-2011
ATTACHMENT
SERIOUS DEFICIENCIES, CORRECTIVE ACTION PLANS, PROPOSED ACTIONS SUBJECT TO
ADMINISTRATIVE REVIEW AND THE USDA NATIONAL DISQUALIFIED LIST
All contractors are required to abide by the requirements set forth in Title 7 Code of Federal Regulations Part 226.
All notices of serious deficiency, notices of proposed termination and notices of proposed suspension shall be
provided by the Department to the Contractor and its executive director, owner, and/or chairman of the board of
directors and responsible principals or responsible individuals, as applicable, by facsimile transmission, e-mail,
certified mail or equivalent delivery service.
If the Department determines that .a contractor has failed to comply with a requirement of Title 7 Code of Federal
Regulations Parts 226, 3015, 3016, 3019, 3052 and/or FNS Financial Management Instruction 796-2, Revision 3,
which constitute .a serious deficiency, the Department shall issue a Notice of Serious Deficiency that specifies the
serious deficiency or deficiencies and provides a date certain by which the Contractor shall file a corrective action
plan with the Department.
If the corrective action plan is timely filed and is acceptable to the Department, the Department will conduct an
unannounced follow-up review of the Contractor. If the follow-up review establishes that the serious deficiencies
noted in the Notice of Serious Deficiency appear to have been fully and permanently corrected, the Department will
so notify the Contractor. If the,follow-up review does not establish that the serious deficiencies have been fully and
permanently corrected the Department may issue a Notice of Proposed Termination and Disqualification of
Responsible Principals and Responsibie individuais or the Department may choose to par nit additional tirj-#e to file or
amend a corrective action plan.
If the corrective action plan is not timely filed, the Department may take one of two actions. The Department may
grant additional time to file or amend a corrective action plan. The Department may, alternatively, at its election
issue a Notice of Proposed Termination and Disqualification of Responsible Principals and Responsible Individuals.
If the corrective action plan is not acceptable to the Department it may take one of two actions. The Department
may issue a Notice of Proposed Termination and Disq 124FICation of Responsible Prindpals and Responsible
Individuals. The Department may also elect to conduct an unannounced follow-up review of the Contractor. During
that review the Department shall .determine if it shall grant the Contractor additional time to file or amend a corrective
action plan. Alternatively, the Department may choose .to proceed to issue a Notice of Proposed Termination and — — — --
Disqualification of Responsible Principals and Responsible Individuals.
If a Notice of Serious Deficiency for the same or substantially the same serious deficiencies is issued within two
calendar years of a withdrawn Notice of Serious Deficiency, the Department shall issue a Notice of Proposed
Termination and Disqualification of Responsible Principals and Responsible Individuals since the second Notice of
Serious Deficiency establishes that the previous serious deficiency was not fully and permanently corrected.
If the Department determines that a contractor has filed a false or fraudulent claim, or if the Department determines
that there is an imminent threat to the health or safety of program participants, or that the contractor poses a threat
to public health or safety, it may issue a Notice of Proposed Suspension and shall provide notice of the procedures
for-slis.pEnsioD-review-..Jn-2nyslich_ev-ent, the.Department shall propose_termination_and disqualification -and -provide
notice of procedures for administrative review.
Administrative Review Rights
The Contractor is not entitled to administrative review of a Notice of Serious Deficiency, The Contractor is
entitled to administrative review of other Department actions, as provided by Title 7 Code of Federal Regulations
Part 226, which affect the Contractor's participation or reimbursements in the Child Care Food Program, including
but not limited to proposed termination and disqualification. To obtain an administrative review, the Contractor
and/or responsible principals or responsible individuals must request it in writing within 15 days of receipt of the
Department's notice. The written request must be received by the Department of Health Agency Clerk, Sam Power,
4052 Bald Cypress Way, Bin No. A-02, Tallahassee, Florida 32399-1703; telephone number 850-245-4005,
facsimile number 850-410-1448, within the time permitted. If no written request is submitted or if the written request
isnot-received-within-15-days-of-the-Department's -notice, then-the-Department's-propo- edition -against -the
Contractor, responsible principals and responsible individuals shall no longer be subject to administrative review and
the proposed action will become effective. The Agency Clerk will acknowledge receipt of the request for
Child Care Food Program Contract
FY 2010-2011 13 I-035-10
Attachment 2, Page 2
administrative review within 10 days and, if the request was timely filed, will appoint an administrative review official.
If the request for administrative review was not timely filed, the Department shall notify the Contractor, responsible
principals and responsible individuals that review is no longer authorized and that the Department's proposed action
has now taken effect.
If a timely written request is submitted, the Contractor, responsible principals and responsible individuals must
submit documentation in opposition to the proposed Department action no later than 30 days after receipt of the
Department's notice to the administrative review official. The Department may submit documentation in support of
its action within 15 days of the Contractor's request for administrative review. The administrative review official will
consider the Department's proposed actions based upon written submissions by the Department and the Contractor.
A hearing will be held in addition to, or in lieu of, a review of written information only if it is not excluded by Title 7
Code of Federal Regulations 226.6(k)(9) and the Contractor or a responsible principal or individual requests such a
hearing in the initial written request for administrative review. The administrative review official may consider any
evidence that he or she determines is credible, trustworthy and would reasonably be relied upon by a prudent person
in the conduct of his or her normal daily activities. Either party may be represented by counsel. If a hearing is
requested, the parties may call witnesses to testify and may cross examine witnesses. Witnesses may testify by
telephone and may be swom over the telephone and may be permitted to testify in narrative form. The
administrative review official will issue a decision within 60 days of the Department's receipt of a timely filed written
request for administrative review which is an administrative requirement for the Department and may not be used as
a basis for overturning the Department's action if a decision is not made within that specified timeframe.
The administrative review official's determination is the final administrative determination to be afforded to the
institution and responsible principals and individuals. The termination of this contract upon rendition of a Final Order
shall not be automatically stayed pending any appeal of or challenge to the Final Order. Such stay may only be
obtained by filing a Motion for Stay Pending Appeal with the ARO. Should the ARO grant the Stay, the Contractor
shall be permitted to continue to participate and receive Program reimbursement for eligible meals served, and
allowable administrative costs incurred until the time for appeal has expired, the administrative review is completed,
or the appeal is dismissed. The Contractor shall waive its right to seek such Stay if it fails to file a Motion for Stay
within the period authorized in Sec. 120.68, F.S. The Contractor shall waive its right to appeal the Final Order if it
fails to file one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy,
accompanied by the filing fees required by law, with the First District Court of Appeal, Tallahassee, Florida. The
Notice of Appeal must be filed within 30 days of the rendition of the ARO's Final Order.
USDA National Disqualified List
if a contractor, responsible principals and responsible Individuals do not timely request administrative review or if
administrative review upholds the Department's proposed action for disqualification from the Child Care Food
Program, the Contractor and/or responsible principals and responsible individuals will be placed on the National
Disqualified List with the United States Department of Agriculture and will be prohibited from participating in the Child
Care Food Program for a period not to exceed seven years. However, if a contractor, responsible principal or
individual has failed to repay debts owed under the Child Care Food Program, they will remain on the list until the
debt has been repaid.
FY 2010-2011 14 I-035-10