HomeMy WebLinkAboutExhibitRUTH. NUMBER: S • 576 1 LEGAL NAME: City of Miami Day Care Programs
Budoet for Sponsoring Organizations FY 2010 - 2011
FOOD SERVICE (OPERATIONAL) COSTS I ANNUAL COST
Food Purchases'
Food Service Labor and Bene -"Its
Non -Contracted -urchased Services
Non -Food Supplies
Food Service Equipment
Transportation
Other (Includes Special Cost Items):
Describe:
TOTAL OPERATIONAL (FOOD SERVIC_) COSTS
I _
ADMINISTRATIVE COSTS
ANNUAL COST
Administrative Salaries and Benefits
Non -Contracted Purchased Services
Training
Travel
_Rent and Utilities —-------- ---
Office. Supplies
I
Other (Includes Special Cost Items):
Describe:
TOTAL ADMINISTRATIVE COSTS
BUDGET GRAND TOTAL
(operating costs + administrative costs) S80,000
'It is recommended that this amount be at Ieast 50% of the budget grand total.
=r D'RiDOH':U5c.'ONLY
Approval.Signature.<(P.roaram Specialist) Date
kpprovalt5ignafure jD"OyTieadquarf=�s) ---Dafa
RENEWAL BUDGET COIYIPLETION INSTRUCTIONS
FOR SPONSORDVG ORGANIZATIONS
1. Only the budget grand total appears on this budget. This amount was determined
by reviewing your organizaiion's actual CCFP carnings over the pasi rwo years to
project a reasonable budget total for Fiscal Year 2010 — 2011.
Fill in your proposed line item budget costs for Fiscal Year 2010 — 2011 making
sure that the line item amounts add up to the budget grand total. If you wish
to increase the budget grand total above the pre -determined amount on the form, a
-written statement justiffying your request must be attached to the budget. if you
decrease your budget grand total; no justifficeLion is needed.
3. Total adr inistrative costs cannot exceed 15% of the budget Erand total.
?. If you enter an amount in "Other," under Food Se,771ce (Operational) Ccsts or
Administrative Costs, you must list the name and amount of each cost item
(attaching a separate sheet if necessary).
NOTES:
M It is recommended that at least 50% of the budget grand total be in the budget
cate4ory of `Food PffrcYases".
M Non-profit food service status is required. This means that all CCFP funds earned
must be spent on allowable CCFP costs by federal fiscal year end.
FLORIDA, D-aPARTb(EIhR
REALTH
Bureau of Child Nutrition Programs
Ghild�-Ga-re-wood-Rr-�gr�m -
FY 2010-2011 CONTRACT
(Non -Pricing Program)
THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafier referred to
as the "Deparlment," administering the Jnited States Deparment of ADriculture (USDA) Child and Adult Care Food
Program (CFDA= 10.558), codiried in Florida of Section 3E3.0 1(1)(i), Florida Statutes, and known as the Child Care
Food Program, and the organization identified as the Contracior on page 9 of this contract his contract steall
supersede all previous cornminicailons, representations, or agreements, either verbal or written between the
parties.
THE P1 -..TIES AGR__:
THS 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, reCUlailDns, Instru-Tions, policies, procedures and manuals used by The Depariment In
its administration of the Child Care Food Program (CCFP).
9. To warrani that it will accept final administrative and financial responsibility for total Child Care Food
Program oper=_tions governed by this contract. The Contractor shall complete an application that shall include, but
not be limited to, a Ilst of all locations at which It Will Operate or sponsor the Operation of the Child Care Food
Proaram.
C. ..... _o.as.miiiarizY_itsetiwith_a.nd_cor. p.ly.with..the...ro!lavting: .. _ .
i. The terms and conditions of this contract, including Attachments I and 2 to this contract and all
applicable rul=s, 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 resper s 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 Tully 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 Unaafnliated 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
Procedwe Manual for Af erschool Snack Programs, the Financial Management Guide; ?, 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
Afferschool Snack Program; Prospective Contractor Training for the Homeless Children Nutrition Proaram, Sponsor
Oversight Responsibilities for Sponsors of Day Care Homes; Sponsor Oversight responsibiRies for Sponsors of
Unafliiiated 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 iorh herein, all Child Car 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 -PaJL-226,�hild-and-Adult._-._ _
---- -- - ...-------- 7_
re 1-000grogram", Omce of Management ane u getircular . - .,es, �ringlD es Tor c UCailOna nstlttitlons , -
Ofzice of Management and Budget Circular A -E7, "Cost Principles for State, Lcoal, and Indian Tribal Governments";
Office of Management and Budget Circular A-122, "Cost Principles for Non -Prot„ Organizations"; Office of
USDA Food and Nutrition Service Instruction 795-2, Revision 3; Title 7 Code of Federal Regulations Par, 3015,
Driiiorrn Federal-pssistanc= Regulations", -and Title -7 Code of ederal-Regulations-'are-3016�dniforrn----
Administrative Requirements =or 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 HigherEducation, Hospitals, and Other Nor -Profit Organizations"; and Title 7 Code of Federal
aTf6°ssr'ar� 3Quz�'rtadii� f��2i1�e�+�,-nrnent-s-snd-N�r-Fes;-e{ii-Organi=-ation� "
b. The Contractor hereby agrees that it will comply with Title VI of the Civil Rights Act of 196 (42
D�2Da e� seq. `I-it1�Y,-o'f-the-=bunafitm�,amendments-of-9�J7Z-(Zfl-�s�--c;1.68�-et�eq)-a�rfiarided,
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 1-03�-10
(42 U.S.C. y6101 et seq.) as amended, and all requirements imposed by the regulations of the U.S. Department of
Agriculture (Title 7 Code of Federal Regulations Par( 15); Department of Justice cniorcement Guidelines, (Title 28
Code of Federal Reauiations ?art SC.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 Unified States shall, or the ground
of race, color, national origin, ser„ 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 USDP.; 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 is
use federal property or interest in such property, or the furnishing o' services without consideration or at a nominal
consideration, or at a consideration which is reduced for the purpose of assisting the recipient or ir, recoanition 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. 'his includes any federal
agreement, arrangement, or other contract which has as one of Its Purposes the Drovision of cash assistance for the
rghzsC g.food, and cash assistance for purchase o- rental of food service equipment Or any other i!nanoial
assistance erended in, reliance on the -epresentations and agreements made in this contract.
C. h reimbursements paid to the Contractor exceed $1DO,DDD, the Contractor shall comply with all
applicable standards, orders, or regulations issued under Section 305 Df the Clean Air Act, as amended (42 U.S.C.
1857(h) at seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et sen'.), xecutiv,� Order 1 1738,
and =nvironmental Protecfion 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 5100,000, the Contractor's execution of
this contract shall serve as its certL-lcation 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 o fjoer or employee of any aoency, a member
of Congress, officer or employee Of Congress, or an employee of a memDer of congress in connection vvith this
contract pursuant to Title 31 United States Code Section 1,352,
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.
Tne Contractor shall comply with the. Pro -Children Act of 1994, Public Law 103-277, which requires
that smoking not be perm i ied in any poi Lion Of any indoor facility used fgr the provision of federally funded seN;Cgs
fncluding health, child care; early cnildhaod davdlo hent; sdudatibn or lib, ary 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 penally of up to 51,000 for each violation and/or the imposition of an administrative compliance order on
the responsible entity.
t By exacutino this contract, the Contractor agrees to compile data, maintain records and submit
reports as required to permit effective enforcement of nondiscrimination laws and parmii authorized USDA personnel
during hours of Program Operation to review such records, books, and accounts as needed to ascertain compliiance
with the nondiscrimination, laws. If there are any Violations of this assurance, the USDA, FDod and Nutrition Service
shall have the right to seek judicial enforcement of this assurance. This aaSurance is binding on the Contractor, its
successors, transferees, and assignees as long as it receives assistance Or retains possession of an), 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 bool<s, records, and documents (including electronic storaoe media) in
accordance with generally accepted accounting procedures and praotices that suffician8y 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 ie this contract for a period of three (3) years
af_ai e>:pLation or or if —an --audit tas -been-initiated-and-audit--findings-have-not-beep
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, small be subject to inspection, copying, audit and review.
3. UPDn expiration or termination of the contract and al the request of the Department, the Contractor
--will cooperate with -the uparzmen Uo�acilitate_th� 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 agr=es to mainTin f7_
records for the requisite period, even If this contract Is terminated or if the contractor has ceased oparaiions,
4. To assure that all records shaft be subject to copying, inspection, review, or audit during any
hours that the Contrantor is cpen for business, but at minimum between the hours Of 6 a.m. and 5 p.m., Upon
_.presentation of-phoio.identincation._All Child.Care Food.Prograrn records shall be maintained af the site at which the
—mon rf �cio p r•�srri�e3 thoppirps for SpnrJs9rinanizaian_omce a -C aprorzrai=_to the
type of record maintained. Employees of the Department, the United States Depa amen, org�rfculture an—d--the
Florida Department of Law Bntorcement shall —be provio�,ith access t -o reds upon Drosentatibn oridanfincation
and shall be authorized to take physical possession of any Child Care Food Program records, or equipment
FY 2010-2011 2 I-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, ano any o herocuments (mciuding ele,-'s, i -gym dlo partiTrr to oris ----
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 Departmeni of Agriculture and the Florida Depanment of Law enforcement and federal auditors
pursuant to Title 45 Code of Federal P,eculations, Par 92.
6. A not-for-profit organization or non-federal governmental entity 'that expends =ederai awards,
including Child Care Food Program reimbursements, of 3500,000 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 aderal 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.
f In connection with the audit requirements addressed in Section I, Paragraph D.61 the Contractor
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of Office of IJ,anaoement 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 wort, papers and findings, available to the Department for inspection and
copying.
6. If the Contractor expends less than $500,000 in Federal awards in its fiscal ,year, an audit
conducted in accordance with the provisions of O15ce of Vianagement and Budget Circular A-1 _33, as revised, is not
required. In the event that the Contractor expends less than 3500,000 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 133,
as revised, th cost of the audit must be paid from non -Federal funds (i.e., the cost of such an audit must be paid
fiGTContractor iund5 -btain.ed f Cti8f Than F��e,r�al i0 -the audit,dlt, including `Ji1t not
-limifad fo acd`duntanf work pap'rs11arZ "findings shali be' made available to -the DePaim, ent for- Inspection and -
copying.
9. Copies of audit reports for audits conducted in accordance with O`ice of N,,'anagement and Budget
Circular A-133, as revised, and required by Section I, Paragraph D.6, of this agreement shall be submitted within 3o
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
Federal Audit Clearinghouse - - ---
Bureau of the Census
1201 E. 10th Street
Je fersonviile, 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.
c. To Submit Documents to the Department
1. In addition to any documents required to be submitted to the Departmeni in compliance with s=ate
and federa! lav,, the Contractor agrees to submit any receipts, invoices, documentation or other evidence that the
Department in its sole discretion deems necessary io evaluate the validity of any and all claims for reimbursement
submitted by the Contractor. Such requirement for documentation may alsc require the Contractor to submit
--- --—docornentation-prior -to--payment-of any -claim; any -claim -or. _porliDn_fherecf rtha _ s_7ot-'suopor ed by documents - -- —
requested by the Departmeni in writing shall be disallowed.
-�+- /_"moria r'n� chap n�ni,irla
an,, anri all infnrm'finn ronlioc'i-.d by the D=Cartmant �n�ftl^ti `h _
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 contractors financial viability, administrative capability
and fiscal responsibility.
- -. 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 afidiation shall obtain prior written approval from the Department for all salaries and benefits funded by _'CFP
FY 2010-2011 3 1-035-10
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-profd corporation employees and offioers in the same
geographical area for similar services.
2. A Contractor serving as a sponsor of any Child Care rood Program with which the contractor has
no affiliation shall not embicy star, Or oTNcers or directors Who are related by blood or marriage Wlthoui 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
justlrying circumstances.
3. The Contractor shall submil budgets and budget amendments tnal are reasonable, Pruden-, and
neoessary for the furtherance of the '_CFP. .-'.ii 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 iv 'ahoy good caUSG, in Inc sole d:scre4mr Of the Deparimani .nihv additional amendments are
required due to expenses ,hat could not be reasonably ari icipsted and handled through the allowed number of
amendments.
4. The Contractor shall comply with program meal requirements as specified by the Department.
Failure to meal 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 meats or
snacks and shall subiaot the Contractor to issuance Of 2 notice of serious deficiency, proposed termination, refusal
to renew the Contract, disqualification, andfor suspension.
5. Contractors providing services in accordance with this contract hereby agree that they shall not
provide services to Child Care food F'rcaram contractors as a raoistered 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 reQlSiefad caterer With the Florida Dapa,iileni of ,'last Lir Sfati be Ire VloiaflOn of the term,S Of
this agreement and may be subject to disquaiincation.
S.IJlonitdnng, DOmpltanCa and Revlew '" idGe'OUie'S "Adm/ lsfra tlV4 and Cflfn that Penaitie5
1. The Contractor agrees to submit to monitoring, complianoe and reviews and subsequent
administrative and criminal penalties that may apply to include:
a. Pleviews or audits conducted in accordance with Office of lViianag3rr fit and Budget Circular A-133,
as revised; and
b. Monitoringprocedures by the Department that may include, but are not limited to, on-site visits by
Department stair, limited scope audits as defined IJV Office of -Management and Budget Circular A-133, as revised,
and/or other procedures or audits deemed necessary in the sole discretion of fne Department to evaluate program
operations.
-.. -.
2. The Contractor agrees is comply and cooperate with any:
------Mon!to ring -pro Gaduras/Processes Geamad apprdpnate bylhaDaparfineni;_._
b. ,`-additional instructions provided by the Department to the Contractor upon the Department's
- --
determination that an audit or z 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 Comptrollar or auditor Gene; al.
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 D-opartment will
actively cooperate and assist in such criminal prosecution.
4. Any Contraclor sponsoring the CCFP shall monitor each sponsored organization and ensure is
compliance With the raquiremenis of State and federal rules, regulations, DOIIGies, InstrJGtions, Drocedures and
manu2is. Contractor pe;rsormel responsible for monitoring must carry photo identification demonstrating their
Tetationshio to the sponsoring organization-and_present it upon request.
a Begardino insp= coons and raguiator}r actions the Contracior agrees:
a. To permit persons authorized by fne Depal menf t0 Il5[J§ut an} r�COTdSTH Ts dDCumEn.5—
facilities, and/or goods and services of the Contracior 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 cf fhe Contractors records
shall be made to assure the Department of the saiisfactory penormance of the terms and conditions of this contract.
-- She,_Contragtor agrees -that such visits, reviews or inspections may be announced or unannounced.
T-n-a��o9F-ih=-D ;a1 f-1=1�i7i�S-wrid-n—_-. purf._n; findings reuardlnQ the _orftrad-rtr s eiiormance or
como_ liance with the terms or this contract.
d. i oo provlae lits v rill n response to -the Department's write n repos-of�i ridings -within -the -period
specified in the Department's notice of required corrective action.
FY 2010-2015 4 i-03>-10
a. That the Department may or may not accept the Contracior'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 faiiure to submit an acceptaFJrC74.P7 fn -5 Mepar meni w th7r M , _- s ----
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 princioal(s) and r asocrsible individual(s) being
disqualified from participation in the CCFP and listed on the USDA National Disqualified List.
G. That the Contractor's ]'allure to maintain an approvad corrective action for a period of two ,years
from the implementation date of the corrective action shall result in contract iermination and diso'u3ilfication and
listing the Contractor, and the Contractor's responsible principals) 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 cf this contract and
Title 7 Code of Federal Peculaiions, Part 226.
6. Upon termination art 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 Depa;-i,meni 10
maintain those records for a longer period of time;
b. Maintain all records pertaining to any unresolved audit or re.View for a ,mir ]'mum, of three fiscal
_..
year plus the current fiscal year or until all outstanding issues are reso ved; 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 individuals) and responsible principai(s) being added to the USDA National Disqualified List
pursuant to the requirements of Title 7 Code of Federal Regulaiions Pat 226.6,
K Indemnification. NOTE:_ This paragraph is not applicable to contracts executed between the Department
and state agencies or subdivisions, as defined in Section 768.28, Florida Stat!''==_, or betweer the Department and
federal agencies or Sovereign American Indian nations.
1. The Contracior shall be liable for and shall indemnity, defend, and 'hold harmless the Department
and ll _f, its of-cers; agents, and employees from all claims, suits, fudgrnents,. or eaages, consequential al or
otherwise and including attorneys' tees 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 Contractods inability to evaluate liability or its evaluation of liability shall not excuse the
Contractor's duty to defend and indemnify within seven (7) days atter such notice by the Department is given by
ce ;hied mail, equivalent delivery service: e-mail or facsimile transmission. Only adjudication or judgment after
highest appeal is exhausted specifically finding the Contractor not liable shall excuse periormance of this provision.
The Contractor shall pay all costs and tees related to this obligation and its enforcement by the Department. The
Departments failure to notify the Contractor of a claim shall not release the Contractor of the above duty to defend.
Assionments and Subcontracts
I . v" -The -'Contra*.; -tor hail -not -assign the -response i ity.�t.d, is:�oniract-to_-angtf��r_paRy-__Any _such
_
assignment, transfer, or sublicense shall be null and void. The Department shall not approve any subcontract fora
----day-care-home-sponsor--or-a-sponsor-of-jim2 iliafed childcare centers for Child Care Food Program management
r1 f including but not lira ted to orooram financial mana0emenf eligibility review and approval preparatlon anc-
mainienance of enrollment rosters, tiering determinations, and submission of claims for reimoursement ano
monitoring.
2, The Contractor shall not subcontract for any of the wort: contemplated under this contract without
prior written approval of the Department. Any subcontract otherwise occurring shall be null and void.
-' - 3.- - 'Thee Contractor shall be- responsible for all work
p performed and all expanses. incurzeta 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 2010-20111 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 againsl 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 oontract shali bind the successors and legal representatives of the Conuactor and of any legs! 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 entitles are recognized unbar Florida law as natural persons. The -Department also understands that the
funds for the Critid Cars Food P, oafuT :M fund- paid by the taxPa "O of the t.1.n,Ite0 States ant therefore s, ibj-_.ci t0
granter, oversight than if the funds were private in nature. The Department, in performing its sunction, 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. Durhig the term of this agreement the Contractor agrees to notify the Department of any proposed
sale, transfer, other oDnveyance or pledge of assets. The Contractor's notice shall state the name or names of the
intended purchasers, transfarees 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 Disquaiincation or Fasponsibie
Principals and Responsible Individuals and immediate termination of this agreement. T he De'ra ume it shall either
agree to or decline the proposed change and provide the Contractor written notification of its decision. If the
Contractor chooses tc pursue the proposed change after the Department de3iinas, this contract shall terminate.
3. if more than fifty percent (50%) o; the siocl; of the Contractor's corporation is sold, transferred,
otnenlSc conveyed or pledged, thi-s pn,rapi -hall terminate imm'ediatel.t' PrIQt
0 such term lnation, the Cpntraptor
.. ..... .- .. ^ .. _.
and!dr the prospeotlae mafarlty, siock��otder� may apply -to-the -Gepp;finent-;orp�nclp�tio,,-in-the pr-egrarn: --he
Department shall receive and process such application pursuant to its established policies and procedures.
4. This agreement and the privilege of parficipating in the Child Care Food Prograrr are not subject to
sale, assignment, transfer, or any other form of conveyance.
K. Return 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 Depa iment in Its administration of the Child Care Food Program. In the even, that the Contractor or its
independent auditor discovers that air overpayment has been made, the Contractor shall notify the Department by
—-e=dinsd-rnai!wlthin five (5) days ot such discovery. In the -event -an overpayment
has been made, the Deoartmen, will notify the Contractor by letter or such a finding, Repayment shall be made
pursuant to the De'partment'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 contractor's paymeni to
the Department,
L. Disallowance of Payment for Program Meals
in the event the Department discovers, prior i0 II2yment, the Contractor's fallure to comply with
recordkeepino requirements pertaining to records directly supporting claims for reimbursement, the Departmeni shall
--it;sallDw pa ment7Dr-anyirleals-not-suppoFied"by-such fol -re inn burn emenI
include, but are not limited to, free and reduced price meal applications, daily meal counts, menu records, enrollment
records, and attendance records.
�-----lndepandent Gapaciiy.of the -Contractor --
n. pa:Drmanc=1__pt_this contract, it is agreed between the parEies that the Contractor is an
independent Contractor and that the Contractor is solely liable for the penormanee of all -tastes cddtemplated by -this --
contract, which are not the err,-iusive 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 oiilcer, amployee, or agent of the State c'
_ Florida, i he_Contractor_shall not represent is others that it has the authority to bind the Department unless
or
FY
FY 2010-20" 1 6 1-035-)0
3. The Contractor, its officers, agents, employees, and its subcontraciors 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 oblications of this contract.
4. The Contractor agrees to take such actions as may be necessary io ensure that each
sub0ontracior oftcontractor wiIF_ e oeenec-to be an ind=„penti`e`,`1`[-aomtrdc=Judo-will-rroi-ov—ccrsicered-or`--
permitted to be an agent, servant, joint venturer, or partner of the State of Florida.
Training and Security
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, 7he contractor agrees to maintain any and all records, documents, forms, reports, and information, In
whatev_er form in a secure loca.iion with access that is sufficiently limited to protect the records.
C. Non-Fricing Policy
The Contractor agrees that al! cinlldren 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, ser„ age,
national origin, or disability, and there is no discrimination against any child in the course of the meal service based
on race, color, ser,, 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 m the Child Care Food Program.
THE DEPARTMENT .AG?EES:
To reimburse the r ntractor for meals and other allowable costs as fu ther provided in applicable rules,
regulations, Instructions, policies, procedures or manuals. Claims for reimbursement not filled with the Department
�t4rhin 5n Oayc aiier fun 0iose Oi the month in which fnc claim was incurred shall be disallowed except where a Gidlm
.or reimbursement tas'"b'een Pied-late-be'cause"oT'audlT'adfustments: Toe Deparimen -may; though-is-notrequired to--
at its sole discretion and wrh 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 shat! be accorded a review procedure only it required by federal law pursuant to Title 7 Code of Federal
Reoulationc Part 226.
C. o 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 ern pioyeas. 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 avaluauon g5 the Contractor's performance of res responsibilines 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 Dericiency with a date certain by which the Contractor must provide its written CAP.
_. To provide the Contractor wriften notice of the acceptance or rejection of the Contractor's CAP. The
Department shall issue written notice to the last reposed address for the Contractor and those responsible
individuals and responsible principals described in the applicable governing regulation and procedure manuals when
the rejcOtl0n Of a CAP regUlfBs termination gf ibis agreement and disquaiifica ion of the Contractor and responsible
individuals and responsible principals. -
_______k tiective._and Encino Dates
This contract snall Degi,i on ''icfoDer 1, 201 or on the oare on wnion fine contract rias peen sionec pV , -o
parties, whichever is later or at the discretion of the Department, pursuant to Title i Code of Federal Regulations
-- Parr.226.1 —T_he .ccotr3ci.shall_expire- on September 30, 2011, and may be renewed pursuant to procedures and
requirements established by the Department. --- -- --
h�sna r.�6t -= 1e^a' bindinn 4pr��me�t b l en the Contractor and the DOoartmen'
1. Entering info this Agreement may affect the Contractor's rights and responsibiiities 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.
=" 2010-2D1 i 7 1-035-10
2, The Department is not permitted to nor will it provide lega! advice regarding this Contract. The
Daoartment is only permitted to describe the various terms, conditions and functions of the requirements within the
Contract. The Department may not advise the Contracior as to the Contractor's rignts under the Contract';
provisions. Any representation either implied or stated by any pang, or any agent of the Department in this regard to
the contrary shall have no force or effect and shall not be retied 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 ii intends to terminate the Contractor's Cr -,=p
contra -.i from a previous federal fiscal year.
1. It the Administrative Review Official (ARO) upholds the Department's current intender action to
terminate the contact with. the Contractor 'in=- following addifionai potential results shall apply:
a. This current contract shall be terminated upon the date of the Fina! Order in the administrative
case witnoUi fUrCher action D; nDtif 3atiOn by thE: CCr=P'
b. Consistent with the ARO's Final Ordaz the Co-;aractor and each named responsible individual and
responsible principal shall be disqualified from further participation in the CC=P and each name shall be entered on
the USDA National Disqualified List. Those named Paries shall be precluded from further participation in the CCF?
Tor a period of saver, vearz- or until any funds due the Departmenl a. e repaid, whichever occurs later; and
C. Claims for goods or services provided atter the randltion of the Final Order shall not be payable.
Necessary and reasionabie casts of ceasing CCFP par tl0ipation may be reimbursable, conditioned upon, submission
of required documentation and Department approval of those costs. However, the Department shall offset
reimbursement to, allowed close-DUt costs aoalns' any outstanding CCFP debt the Contractor may owe as of the
date of the Final Order.
I. The termination of this coni, upon rendit on 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 Stay Pending Appeal wlin the ARO. Should
the ARO grant the Stat', the Contractor shall be permttlec' to continue to participate and receive CCFP
reimbursement for eligible meals served, a.nd allowable acministialive -ca ISinC'J.ried Untii the time for appeal has
e�plred, the aOmin:SiraLlVe reVlelAtS COmpi„ ieG, dr if1.. aP'poa, To 0lSf771..SBd:---"r'i19"t:;OntrBCiOr-Shatl-W31Ve-Its-right-t0
seek such Stay if i; falls to file a hAotion for Stay within the period autriorized.in Sec. 120.68, F.S.
b. The Contractor shall waive its right to appeal the Final Ordaz 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 tees
raquired by law, with the First District Court of Appeal, Tallahassee, Florida. The Notice of .Appeal must be riled
within 30 days of the rendition of the APO's Final Order.
D. All written notices describing an action proposed or taken by the Department with regard to the Contractor's
CC=P reimbursement or participation shall be mailed to the latest address on rile with the Department. The
CDniraDto, shall ensure that its Current address is on file with the Department at all times, The Contractor shall notify
the Department Irl writing of any change in Its business location or mailing address no later than five trays a ter SUCK
Changs takes place. The parties agree that the Department shall consider all notices as received by the Conti acigr
anti its"Tasponsibie -principal(s) and responsible inaividuat(s) five -days" .after -being, sent -to the _last. address the
Contractor reported to the Deparm=nt. -, -_---
�
Termination
1. Contractor Termination at Will. The Contractor may terminate this contraci 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, email, 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
_ the Department issues a Notice of Serious Deficiency to the Contractor. However, the Contractor's sai` termination
unosr sudri circumstances -may �esuliin-tnemamas-of-fhe Confracior and-ifs-rosPonsibie_principal(s,)�nd_r�spflrstbla
indlvidual(s), being placed on the USDA. National Disqualified List.
2. >[LrinHIlDn e aL'"SE Laak of Funds. in the event funds to finance 'this contra Ci become
the Department "may -tern, inalelhe cont. aci UpOn_i'10 fess than ivJ2nty-iOUr (��','') —hours hOIICe to VJfIiInO IO
the Contractor. Said notice shall be delivered by facsimile transmission, email, cernTied mats =return receipt-----------
---------requested,-.or in-person with_proof of deliverv. The Department shall be the final authority as to the availabiiity and
adequacy offends. --- _--
3. In the event of the Contractors termination of this contract consistent with the requirements of, III.
--------- I_ab0.U.9jfI£..Dilfra0ior_will,.be_COMDensated for ap0r0Ved PrOgram costs laWfUl , Incurred prix to notification of
termination. —..._._._—.
G �'i;ilTaii0G1 n:<parfineni ma\' lermlii�tc til's00niiaCi7DfC9u5e-f0i"tfle'�01traCiOr'S'—
noncompliance with any provision of this contract or for any o, ti5e rel _�7ttt�
those in Attachment 1. —
FY 2010-201 1 S 1-03 10
enforcement
I . Each provision of this Agree=ment shall be inierpreied 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,
RoiL�s_pmaedures instructions. or manuals is found to be illegal or unenforceable, the remainder of the contract
shall remain in full force and =bent and such term or prevision shall be stricken.
2. Subsequent to execution of this contract, if a direct confici between the terms of this Agreement
and Federa! 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 o` the current Fede -,al Program requirameni for
only those parts of this Contract's requirements in direct conflict with Federal Program requirements. Ali other
provisions shall remain unchanged.
G Venue
Venue ?or any action arising from the term-- of this cOniram or the aDolicatlon of slate or federal law
to any dispute between the parties to this contract shall be Leon County, Florida to the exclusion of all other courts
and Nr Isdlctions. Any action regarding this contra --t or the dDDhCatlOn of state or federal law to any dispute between
the parties to this contract shall be brought to the Depa; mens for an administrative hearing that shall be conducted
in Leon County, Florida to the exclusion of all other couris and jurisdictions. Any appeal of a Final Order shall be to
ih= First District Court of Appeal, in Leon County, Florida to the exclusion Of all other .Dunes and iUFisbictjons.
As the Contractor's authorized representative emoowered 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 attorney licensed in the State
of Florida representing the interests of the COrpOraMn and/or Individual interests Of associated Individuals or
individuals named herein. By my signature I aoknowledoe 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 agens
regarding this Cyontract and the iesal rights for myself or those who I am empowered to represent. I have cOnsldered
seeking appropriate legal advice. i have read the abov= contract and understand each section and paragraph.
IN \VITN=SS THEi?�EOF, the panes hereto have caused this S aaae—lcdntraci and` its: subiect -attachments- -
Attachment 9 and Attachment 2, adopted and incorporated into this contract by reference, to be execuied by their
undersigned official as duly authorized.
CONTRACTOR:
(Authorization Number)
(Legal Nara r of Organization)
Naipe)
(Address)
f�ise Glu%arv�
President, Owner or D„Ieg,ie o 3 horst
SI NATUPE of Chairman of the Boar ` �
Authority
STATE OF FLORIDA
DP—.;)AF 71VENT OF HEALTH:
Ivaria Williamson, Chief,
Bureau of Child Nutrition Programs
DATE
=1' 2010-2011 9 1-03;-10
City of Miami, Florida Signature Page for:
Fiscal Year 2010-2011 Contract for
United States Department of Agriculture
Child and Adult Care Food Program (CFDA# 10.558)
administered through the Florida
Department of Health Bureau of Child Nutrition
Programs Child Care Food Program
Attest: City of Miami, a Florida municipal corporation
By: By:
Priscilla A. Thompson, City Clerk
Carlos A. Migoya, City Manager
Approved by Department of Parks & Recreation:
By:
Ernest Burkeen, Director
Approved as to Insurance Requirements:
By:
Gary Reshefsky, Interim Executive Director
Department of Risk Management
Approved as to Form and Correctness:
Bv:
Julie 0. Bru, City Attorney
FLOR1Un DeFhRTM2fdi OF ','
jHEALT
Bureau of Child Nutrition Programs
C -'rill d -C -are -=o od-P r-og r -a rn
CONTRACT FY 2010-201 1
Ai i ACHMENT
This attachment incorporates the mos! common examples of serious deficiencies listed in Title 7 Code of f=ederal
F�egulatior,s Part 225 and provides example descriptions o; non-compliance with program requirements. Contractors
who Commit c, engage in any serious deficiencies described in the federal and stale laws, regulations, procedure
manuals and policies shown in Section I of this contract, including but not limiled io those incorporated herein, shall
be-subject_ta_lermination and.oisqualificaiion from he Child Care =ood Program (CC=P).
1 --Submission of false information to the Department
• Failure to disclose ineligible officers, directors, key amplovees
• Listing fictitious employees/o`tcers/hoard members on an apnlicafign
• Claiming tar. -exempt status when denied, rascinded, etc.
Submitting the IRS tax-exempt determination letter of a different or defunct orcani_ar7on
• Concealing a conviction for any activity occurring during the provious seven years that indicates e lack of
business integrity
• rF !sincation of documentation
2. Permitting an individual on the USDA National Disquafifiad List to serve in a principal capacity vvitr the
Contractor or at a site sponsored by the Contractor
3. Failure to operate the CCFP in conformance with per,-orrnance standards established in Title 7 Code of
al -Regulations --- ..?26 6(b.).(2)(vii.),..,rega,:ding.....iingjh, ial_ viabi_I'ttv. and financial management,
_na
administrative capability, and program accountability
• Failure to ensure provision of adequate imanci3l resources for daily program operations
• Failure to maintain adequate funds to withstand tamporan� interruptions in Program payments and/or fiscal
claims against the Conti actor
• Failure to maintain an adequate number and type of qualified staff to ensure proper CCFP operations
• Fallure to establish and implement internal controls and other systems to ensure i/scal ac=intabllity
• Failure oft-= Board or Directors to provide adequate program oversight
4. Failure to maintain adequate records
• Failure to maintain appropriate records to document compliance with CCF:P requirements inciuding
budgets, approved budget amendments, and when applicable, management plans and records pertaining
to facility operations
• Consistently missinglincompleie records during different reviews, complaint investigations, agreed -upon -
procedures reviews, or audits
• Mrissinglncompieteiincorract invoices, receipts, canceled checks, inventories resulting in
false%inflaiedlunsubstentiated claimed costs
• Cost records not maintained according to generally accepted accounting principles resulting in
false/inr1afed/ursubstaniiated claimed costs
F.allure to adjust meal orders to conform to variations in the number of participants
—'---------•---.Inrlated-meal -counts,., suc as meals claimed regularly equal the number, of meals Ordered/pianned or the
—
--
numherofparicipanis on the cancer rosier
6. Non-compliance with applicebie bid procedures and -cont,act-requirements-of-federal o il�.aw ritio __—_-
oroarams
-------- •-----r"ailure to-compeNively-procure.goods and services
•
Anti-competitive practices, such as collusion, kickbacks, concocts of mterast----�-�----------- -- ---- --
• Inclusion of non-competitive provisions in a Did, e.g., "successful bidder for a contract to provide meals
FY 2010-2011 10 1-035-10
Child Care Food Program Conlract
Attachment 1, Page 2
7. Claiming reimbursement for meals not seved to participant
• Ciaimino meats delivered or planned for as mails served to parlimants
Claiming meals for participants no? present on a given day or for a particular moa!
• Claiming meals sen�ad io non-exisfenf children
Claiming meals served to non -enrolled children or to staff
• inflating iaciliri, meal counts
• Claiming non-existent and nor,-oanioiparing facilities
• Claiming meals ter inaligible facilities
• Claiming dual parfioipafing facilities
• Claimino the same oarticipanf for the same meal of more then one faciilh,
E. Claiming reimbursement for meals that do not meet CCFP requirements
o. Use of a Mod service management ComC7anv that is In violation Of health Codes
10. r:::allure of a sponsoring organ i ation to disburse payments ro Its facilities in aCCordanOe With ifs
management plan and/or CCFP requirements
• Checks to facilities prepared more than 5 days after reoaipt of reimbursamani
• .Payments sent' withou.' endorsennems or otherwise lnoompiate
Payments made for other than the full amount the faclli l is entitled tc
Payments made to a facility other than, the ;acuity that named the payment
• Payments made to an enfityiberson other than the iac;iutty withoul express Wt7%'en permission of titre raoilitl'
• Checks not mailed within J day timeframe or firs( business day thereafter
• =ailure-to-iransfe, fullzmo'unt.oiJacll2y;oavmanis.to faoliitt,;-dak ao=uni within 5 d? V. r3/71
• f=ailure to maintain fuG` amount of facitiiv payments in commingled bank acoount until checks char
• Using provider reimbursement funds fo pay provider advances
• Using day care home funds to pay sponsored centers or oenterfunds to pay day care homes
• Retaining sponsored canter funds in excess of the amount approved in the nanag=men% plan
1. History of administrative or financial mismanagement in any USDA child nutrition program
• Sponsorieh' Summer rood Service Program because oi a serious documented problem in its operation
• Failure to maintain required Correciive actions
• Sponsor terminated for senous deficiency in one par; of the CCFP (child care center, for s:ampie) applies fo
administer a dlf�.areni pan (day care homes for example)
12. Claiming reimbursement for meals served by a proprietary child care center during a oaia_ndar month in
vvhich the Canter doss not meat Title ,y, eligibility requirements or Free and Reduced eiigibFin
requirements, as applicable
13. Failure by a sponsoring or to properly classify individuals or homes in the correct
reimbursement category
14. =ailure of a sponsoring organization to properly exercise its oversight respo.^.sibiiria
• raiiure to adequately monitor
Failure to require full, permanent, and systemic corrective actions
allure to impose sanctions on centers, sites, or day care home providers when serious dencienoies are
_
• Failure to fgllov�, suspension, termination, oisouauncatron and appeal procedures ---
-- - -
,5. The fact that the Contractor or any of its nrmcipals have been decla � in=l+gibfa to pa ticiNat-i a
publicly funded program due to violating that programs requirements
FY 2010-2011 11 i_02--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 77 -et C-o-d—eorRd=e al Keguiatlon Pa
225 and to include. tax evasion, tax fraud, failing to file tax returns, passing worthless chefckZ, and
perjury. The parties hereby agree that the terra 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 noio
contendere.
17. Failure to make payment(s) to subcontractors) for program services rendered
ravments made forotherthan the full amount the subcontracioris entitled tc
• Checks not mailed vvithin 5 business days afterreceipt of reimbursement orfirst business day ther easier
• Jsino reimoursemIenr iuncs elalmed Tor subcontractor cosrs for otner'pu�os?s— --
-The foilowing'acts or Emissions are also serious deficiencies _
• Failure to make records associated with the CCP avaiiabi= coon requesi ata reasonabie time and place
• Failure to maintain current licensure requiramenis
< Misuse of vC,- funds
• Serious mismanagement (e.g. failure to monitor properly)
• Failure to obtain a required audit
• F
raiiurie to notify the Dap3riment of change in IRS status
• violations of IRS reoulations
• Failure to remir pen odic payments (required by statute or regulation) to regulatory agencies (e.g. employee
Withholding iOr income iaXOS, SOCaI SeOUnty, unemployment compersaiion)
• Failure to im,Dle,meni corrective action(s)within required timerr3mes
• Failure to follow-upirequire and maintain con, ecu.ve action for ;aciiiry review f,ndJngs
• Craaiing nctiiious records
• -Failure to make. .required-repayment.ofprogram funds to. the.Depariment:
• Failure to comply with state incorporation requirements
• raying employees salaries based on the number of homas/caniaro recruited; paying recruitment bounties
orbonuses
• Failure to attend training requiredby the Department
InieT9nno or obstructing a Department on-site or program review of the Coniractor'S pen "on, ance under the
terms of -this contract
Failure to comply with the tams of this contract which shall be identrted as a failure to oDeraie the Program
in conformance with the perormance standards set forth in Title 7 Code of =ederai Regulations Part
220.6(b)(i)(xvii) and (b)(2)(vii).
I .Failura.to comply with any Other financial and/or administrative requirements of ! itie ! Cod of Federal
�eaulations, Pa. 225 and/or
if to comply with applicable "raderal or Department of Health CCFP --
rules, regulations, policies, instructions, procedures andior manua!s
FY 2010-2011 12 I-035-10
FLDRIDH. D[PI.RTNfi'PlT OF l J
EEALTI .I
Bureau of Child Nutrition Programs
Gh i i d -Car -e -rood-? ract.ra.m
CCNTPACT F`` 2010-2011
^ TTACHMCNT 2
SERIOUS DEFICIENCIES, CORPEC T YE:.ACTION PLANS, PROPOSED ACTIONS SUBJECT TO
ADMINISTRA T WE 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 Pari 226.
All nciices of serious deficiency, notices of proposed iermination and notices cf proposed suspension shall be
provided by the Deperrmeni to the Contractor and its executive direcicr, owner, and/or c,hairnan of the board of
_ ___ directors and responsible principals or responsible individuals, as applicable, by facsimile transmission, e-mail,
ce7Imad mall or equivaient delivery -----
If the Department determines that a contractor has failed to comply witin a requirement Of Title 7 Code Of Federal
Regulations Parts 22E, 5015, 3016, 3019, 3052 andlor FNS Financial ivanagemen! Instruction 796-2, Revision 3,
which constitute a serious deficiency, the Departmeni 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 corected, the Department will
so notify the Contractor. )-f-the follow-up review does not establish ,hat the serious deficiencies have been fuliy and
permanently corrected the Department may issue a Notice of Proposed Termination and Disqualification of
Responsible Principals and Responsible Individuals or the Department may choose to Qermit additional time 10 flie Or
amend a corrective• action plan.
If the corrective action plan is not timely tiled, the Department may take one of two actions. The Department may
orant additional time to ile or amend a corrective action plan. The Department may, alternatively, at its election
issue a Notice of Proposed Termination and Disqualification or` 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 -ermination and Disqualification of Pesponsible Principals 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 r 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
- -- -- DisoualificaIlion 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 or Responsible Principals and Responsible Individuals since the second Notice of
Serious Deficiency establishes that the previous serious deficiency was no; fully and permanently corrected.
it the Department determines that a contractor has tiled a false or fraudulenl 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 suspension review. In any such event, the Depanment shall propose termination and disqualincaiion and provide
notice of procedures for administrative review.
Administrative Review Rights
The Contractor is not entitled to administrative review of a Nllotice of Serious Deficiency i he Contractor -is
entitled to administrative review of other Department actions, as provided by Title 7 Code of Federal Regulations
Pal', 225, which affect the Contractor's participation or reini5ursemerits in the Ghiltl Carte Food-Program-ncludincg
Dui not imneq to proposed termination ano also*uainicaucr.. io Ooialr, an agmin5iiailG� ieV(BV�; ,, c ,, i uadr
and/or responsible principals or responsible individuals must request ii 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, Sin No. A-02, Tallahassee, Florida 52399-1703; telephone number 850=245-4005;— —
facsimile number 850-410-1,448, within the time permitted. If no written request is submitted or if the written request
-is-not-r-asaivd-vaitafin 1�_da�s�f_ther�aam :fit's notice then the Departmen't's proposed action against the
Contracior,. responsible. principals and responsib e InTv duals she no ong o fv= , - fifd the proposed action will become effective. The Agency Clerk will acknowledge receipl of the request for -
Child Care Food Program Contract
F" 2010-2011 13 i-035- 1 d
Attachment ? Page 2
administrative review within 10 days and, ii the request was timely filed, will appoint an administrative review oiFicial,
If the request for administrative review we& not timely filed, the Departmeni shall rnctiiy the Contractor, responsible
principals and responsible individuals that review is no longer authorized and that the Department's Proposed action
has now taken effect.
li a timely written request is submi led, the Contractor, responsible principals and responsible individuals must
submit documentation in opposition to the proposed Department action no later than 3U days afrer receipt of the
Departnent's notice to the administrative review official. The Department may submit documentation in support of
Its action within 1 days of the Contractor's request for administrative review. The administrative review otncial will
consider the Department's proposed actions based upon written submissions by the Dapariment and the Contracior.
A hearing will be held in addition to, or in lieu of, a review of written information only if it is not exciuded by Title 7
Code of Federal Regulations 226,6(k)(9) and the Contracior or a responsible principal or individual requests such a
hearing in the initial. written request for administrative review. The administrative review oIricial 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. It a hearing is
requested, the parties may call witnesses to testily and may cross examine witnesses. VVItnesses may testifv by
telephone and may be sworn over the telephone and may be permitted to testify in narrative form. The
administrative review official will issue a decision within 60 days o' the Department's raoeipt of a tlmsy Tiled Written
request for administrative review, which is an administrative requirement for the Depariment and may not be used as
a basis for overturning the Department's action If a deosion is not made within that specified timeframe.
The administrative review pffioiai's delerininailon is ins tiriiai admunistratr'vc oe,erimniriation iG ✓a aiivrded to bite
institution and responsible principals and individuals. The termination of this contraot upon rendition of a Final Order
shall not be automatically staved pending any appeal cf or challenge to the Final Order. Such stay may only be
obtained by filing a Motion for Stay Fending Appeat with the ARO. Should the ARO grant the Stay, the Contractor
shall be permitted to continue to participate .and receive Program relmbursemeni fpr eligible ("Heals served, and
al administrative costs Incurred until the time for appeal .has expired, the administrative review is comoleted,
D, the appeal is dismissed. The Contractor shall waive its right to seal( such Stay r it fails to file a idioticn for Sta\
within the period authorized in Sec. 12035, 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 Cieric.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 or Appeal must be tiled within 30 days of the rendition of the ARO's Final Order,
L'5DA National Disqualified List
If a contractor, responsible principals and responsible individuals do not fimely request administrative review or if
administrative review upholds the Department's proposed action for disqualification from the Child Care Food
Program, the Contractor andfor 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 saven years. However, if a contractor, responsible principal or
individual has failed -to repay -debts .ow=d_under.ti a.Child Car =Pod_?rogram,, thpy__wil1 remain_on th=_list until the
debt has been repaid. — —
FY 2010-2011 14 1-035-10
q,]
FL
�L�OyR'15D�-A1!D:�PAFThgN'{pi'lOF �
1 l
j Bureau of Childcare Food Programs
AMENDMENT ONE
TO
FY 2010-2011 CONTRACT
THIS CONTRACT AMENDMENT is entered into between the State of Florida, Department of
H=alth, hereinafter referred to as the "Department," administering the United States Department
of Agriculture (USDA) Child and Adult Care Food Program (CFDA# 10.358), 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 5 of this contract amendment.
The specified terms of this contract amendment shall supersede the requirements of stated
positions with the original contract and shall be in addifion to the original contract terms where
new provisions are provided. The original contract and any amendments thereto shall be
modified as listed in this amendment. All other provisions of the original contract and any
amendments not specifically addressed herein shall remain unchanged by this amendment. The
original contract and any properly executed amendments thereto shall represent the entire
contract between the pa. ties and shall supersede all previous communications, representations,
or agreements, either verbal or written between the patties. Any representation to the contrary
shall not be effective.
THE PARTIES AGREE:
In all portions of the original contract, all references to the Bureau of Child Nutrition Programs are
hereby amended to now state the Bureau of Childcare Food Programs.
Section I. of the orioinal contract is herebv amended with the followino orovisi_ons:
P Child Care Food Program Contractor is Encouraged to Seek Legal Counsel
1. The Child Care Food Program contract is a legal binding contract between the Contractor
and the Florida Department of Health (Department). Entering into this contract 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 Con'tractor's interests.
2. The Department is not permitted to provide legal advice regarding this contract. The
Department is only permitted to explain the various terms, conditionsand functions of the
requirements within the contract. The Department may not advise the Contractor as to the
Contractor's rights under the contractor'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 effect and shall not be relied upon regarding this contract.
_acn L,ontractor is Inererore s r ng y en o -tom �1?�1"aMcm lium I Lit] attuffley
licensed in the State of Florida before entering into this contract or any contract amendment.
The Department respects the Contractor's right to seek proper legal counsel. The
I Department will certainly discuss the provisions of the proposed contract with a properly
licensed attorney representing the Contractor and answer any questions or concerns without
I affecting the Contractor's opportunity in the Program whatsoever.
FY7010-2011 1 1-035-10amd
4. Consistent with the requirements of 7 CFR §226.6(b)(4), the terms of this contract are
applied uniformly throughout the state and are not subject to negotiation. Therefore, any
communication with the Contractor's attorney shall be for the sole purpose of providing
information regarding the legal implications of the contract's terms and conditions.
Q. Contract Amendment Procedure:
1. Contract Amendment
a. The Department shall have the right to amend the Contract from time to time as
required under the Program's regulations or for operational necessity.
b. Such amendment, executed by the Department, shall be mailed to the Contractor's last
reported mailing address. The Contractor shall no later than 21 days of receipt of the
amendment:
(1) Sign the amendment and return a copy to the Department; or
(2) Provide the Department written notice of its intent to withdraw from the Program.
c. Amendments to the contract shall be effective upon the earlier of:
(1) 30 days after receipt of the amendment; or
(2) 30 days after the five day period after the Notice is mailed to the Contractor.
d. The Amendment shall be adopted by reference into the original Contract and
considered effective against all parties at the end of the applicable 30 day period unless:
(1) The Contractor submits written notice of objection to the amendment and its intent
to withdraw from the Program within 30 days of receipt of the amendment; or
(2) The Department withdraws the amendment.
2. The Contractor shall:
a. Elect to comply with the contract amendments issued by the Department by permitting
the period of notice of objection of 30 days from the date of receipt of the proposed
amendment to expire; or
b. Provide written notice to the Department of objection to the amendment and the
contractors intention to withdraw from the Program within the earlier of:
(1) 30 days from the date of the receipt of the written notice of contract amendment;
or
(2) 30 days after the five day period after the Department mails the contractor notice
of the contract amendment.
R. Food Safety and Sanitation Requirements:
1. The Contractor hereby expressly agrees that the Contractor shall only.claim and receive
approved reimbursement for those meals that are served according to all required food safety
and sanitation requirements stated in Attachment 3.
2. The terms and conditions of this contract shall in no fashion be used for purposes other
than participation in the CCFP. The Contractor hereby further agrees that it understands that
it is solely responsible for any additional licensure or certifications that may be required. The
terms of this contract do not provide the Contractor with a food permit or formal approval for
its food preparation facility or operation.
3. Food permits (also known as annual sanitation certificates) issued between October 1,
2009 and June 30, 2010 will be accepted for FY 2010-2011 at the same food service level
the permit was issued.
FY2010-2011 2 I-035-10amd
a. The Contractor shall:
a. Ensure that it is in compliance with all food safety and sanitation requirements as they
apply to the food storage, preparation, cooking and/or serving of meals; and
b. Comply with all food safety and sanitation requirements stated in Attachment 3 to the
contract hereby adopted and incorporated into the contract.
c. Adhere to the level of food service as required by current food permit.
d. Not change the level of food service (to a higher level of service) after June 30, 2010
unless a new food permit issued by an authorized state agency is provided reflecting this
approved change.
Section ill. E. of the orioinal contract is hereby amended .with the following orovisionss
5. The Contract shall terminate upon the date of expiration unless the Department 'takes
additional actions described in this Contract. Prior to automatic termination, the Contract may
be terminated, if not precluded by other provisions of this Contract, upon the Department's
receipt of the Contractor's written notice of the Contractor's:
a. Objection to a Contract amendment; and
b. Its election to withdraw from the Program within 30 days of the Contractor's receipt of
the written notification of a proposed amendment to the Contract.
Section III. G. of the ordinal contract is herebv replaced in its entiretv with the following'
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 paries to this contract shall be Leon County, Florida to the
exclusion of all other courts 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 non -administrative action regarding this
contract or the application of state or federal law to any dispute between the parties to this
contract shall be conducted in Leon County, Fforida to the exclusion of a!I other courts and
jurisdictions. Any appeal of a lower court or administrative hearing shall be to the First District
Court of Appeal, in Leon County, Florida to the exclusion oi- all other courts and jurisdictions.
Attachment 1 of the orioinal contract is herebv amended with the followino orovis!ons.
i
20. The following additional separate acts or omissions relevant to Attachment 3, Food Safety
and Sanitation Requirements of this contract and other governing food safety and sanitation
requirements are considered areas of noncompliance and could lead to a Notice of Serious
Deficiency and/or suspension.
a. Poor employee health and hygiene:
(1) Failure to exclude employees with a communicable disease (or are a carrier), an
acute respiratory illness, an acute gastrointestinal illness, or while afflicted with boils,
infected wounds or sores from working in any area of food service.
(2) FaINYB M vvdtil, if dquen and at a ppruphaltt tju C. M a7=dsf l
areas must be supplied with hand soap, disposable Lowes or hand drying devices.
(3) Failure of employees to maintain a high degree of personal cleanliness in the food
preparation, storage area and when serving food to children.
b. Food From Unsafe Sources:
i
FY2010-201 1 3 1-035-101md
(1) Failure to obtain food from sources that meet federal and state health standards.
Foods used in CCFP reimbursable meals must not be obtained from private homes
or caterers not registered with the Department.
(2) Failure to obtain food that is not adulterated, temperature abused, misbranded or
spoiled.
c. Improper protection and storage of potentially hazardous foods:
(1) Failure to keep food at proper temperatures (41°F or below and 135°F or above,
also known as danger zone) except during necessary periods of preparation and
service.
(2) Failure to thaw frozen foods in the refrigerator, under cold potable running \eater,
in the microwave or part of the cooking process.
(3) Failure to ensure that potentially hazardous foods are not in the danger zone for
more than 4 hours. Potentially hazardous catered food must be discarded atter meal
service with the exception of refrigerated milk.
(4) Failure to store food in clean, covered containers that are clearly marked with
date of preparation.
(5) Failure to discard any unused, prepared, refrigerated, ready -to -eat food after 7
calendar days.
d. Improper cooking temperatures of food:
(1) Failure to ensure proper internal cooking temperatures are reached and held at
least 15 seconds to eliminate bacteria.
(2) Failure to reheat potentially hazardous foods to a minimum of 165'F.
e. Dirty or contaminated utensils and equipment:
(1) Failure to properly wash, rinse, and sanitize utensils, food preparation equipment,
and food contact surfaces at least every 4 hours.
(2) Failure to use 3 -compartment sink or mechanical dish machine for washing,
rinsing, and sanitizing utensils and equipment.
(3) Failure to use test kit to ensure accuracy of chemicals being used for sanitizing.
f. Failure to comply with stated requirements of Attachment 3 of this contract and other
health and sanitation regulations that may apply at the contractor's facility.
A new Attachment 3 is herebv amended to the orieinal contract and is contained as attachment 1
to this Amendment One.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
FY2010-2011 4 I-035-10amd
As! the Contractor's 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 contract with an
attorney 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
acknowiedQe 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.Depanment or its-ageni.s.._..-
regarding this contract and the legal rights for myself or those who I am empowered to represent.
I 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 5 page contract amendment and its
subject attachments, Attachment 1, identified as Attachment 3 of the Contract, adopted and
incorporated into "this contract by reference, to be executed by their undersigned official as duly
authorized.
CONTP,ACTDR: I STATE OF FLORIDA
DEPARTMENT OF HEALTH:
(,L,uthorization Number)
IJiaria Williamson, Chief;
Bureau of Childcare Food Programs
(Local Name of Organization)
DATE:
(D/r B/A Name)
i
(Address)
SIGNATURE of Chairman of the Board,
President, Owner or Delegated Authority
PRINTED NAME:
TIT LE:
DATE:
FY2010-2011 5 J-033- 1 0amd
Bureau of Childcare. Food Programs
Child Care Food Program (CCFP)
AMENDMENT ONE TO
FFY 2010-2011 CONTRACT
ATTACHMENT
This attachment incorporates the food safety and sanitation requirements of the Bureau of Childcare Food
Programs, Child Care Food Program contract. These requirements are in aldition to any such local food
safety, sanitation and licensure requirements for the contract facility. Any conflict between the requirements
of this attachment and those of any other food safety or health authority shall be resolved in favor of the
most stringent requirement. The failure to cite a specific violation of the requirements of this attachment
shall not waive that requirement or the B'ureau's authority to cite a then existing violation in the future.
The following requirements shall be met by all contract facilities and their employees.
A. Food Safety and Sanitation - General; page 6
B. Definitions, page 6-9
C. Food Supplies; page 9
D. Food Protection, 9-12
E. Personnel, page 12-13
F. Food Equipment and utensils, pace 132-18
G. Sanitary Facilities and Controls; page 15-20
H. Other Facilities and Operations, page 20-21
J. Required CCFP Food Safety Training, pace 21
A. Food Safety and Sanitation - General.
This attachment prescribes minimum safe and sanitary practices :elating to food service at child care .centers
sensing food or drink to children participating in the Child Care Food Program (CCFP).
(1) All CCFP food operations occurring at child care centers (public or private, forprofit or nonprofit), at -risk after
school care centers, religiously exempt centers, emergency shelters, outside -school -hours care centers tinder the
auspices of a!sponsoring organization; Head Start centers and organizations providing day care services for children
-with disabilities will be held responsible for these food safet,, and sanitation requirements.
(2) Sponsoring organizations will use these food safety and sanitation requirements for inonitoring purposes and
when pre -approving new child care sites.
(3) Food .operations occurring at child care sites (i.e. day care homes) or premises other than what is defined in
A.(1) will bei held responsible for sanitary practices and standards as outlined in these food safety and sanitation
requirements.;
(4) Stricter local ordinances will supersede these food safety and sanitation requirements for food operations.
B. Definitions.
(1) "Adulterated" — Food shall be considered to be adulterated:
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in
case the substance is not an added substance such food shall not be considered adulterated under this clause if [lie
quantity of such substance in such food does not ordinarily :-ender it injurious to health; or
(b) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide
C11e1T7Cal 7n 01' on a raw agrIculi d c 1 : iU <<. Wit 1M ED i t c a_i u1 is 11 1L�' . v
the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when
ready to eat, is not mreater than the tolerance prescribed for the raw agricultural commodity, or
(c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid; or decomposed substance, ufhich
renders it unfit for consumption, or
(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may become
contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health, or
(e) If it is Ithe product of a diseased animal; an animal which has died othenvise than by slaughter, or an animal that
FY2010-2011 6
has been fed the uncooked offal from a slaughter house, or from other food establishments; or
(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render
the contents injurious to health.
(2) "Air gap" — The unobstructed vertical distance, through the free atmosphere, between the lowest opening from
any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood -level rim of the
receptacle, or the lowest opening from any waste outlet pipe and the flood -level rim of the receptacle.
(3) "Caterer — A food service establishment listed under Section 381.0072, F.S., that prepares food at one location
for delivery to and individual portion service at another location.
(4) "Civic" — Any organization, excluding Division of Blind Sen -ices, offering food sen -ice to the public; and
(a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4); or v
(b) V,rhich has a chartered body of citizens, recognized by a municipality, whether for profit or not, that operates
primarily to further the common good and general welfare of the people of the community.
(6) "Clean"— Free from dirt, foreign matter and impurities.
(6) "Commissary" — A food service establishment or any other commercial establishment where food, containers,
or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other
locations.
(7) "Corrosion -resistant' — Those materials which maintain their original surface characteristics under prolonged
influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other
conditions -of -use environment.
(8) "Easily cleanable' — Surfaces that are readily accessible and of such material, finish and so fabricated that
residue may be effectively removed by normal cleaning methods.
(9) "Easily movable" — Small equipment weighing 30 pounds or less; or mounted on casters, or provided with
mechanical means of safely tilting for cleaning purposes; and has no utility connection, or has a utility connection that
disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved
for cleaning of the area.
(10) '-Employee"— Any person working in or for a food service establishment who engages in food preparation or
service, who transports food or food containers, or who comes in contact with any utensil or equipment.
(11) "Equipment" — All stoves, ranges, hoods, meatblocks, tables, counters, cabinets, refrigerators, freezers, sinks,
dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a food service
establishment.
(12) "Extensively remodeled" — For the purpose of this chapter, the term extensively remodeled means structural
changes to an existing establishment which costs in excess of 50 percent of the assessed value of the facility as
determined by the county property appraiser.
(13) "Fixed food establishment' — A food service establishment which operates at a specific location and is
connected to electrical, water, and sewage disposal_ systems.
(14) "Food"— Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use
in whole, or in part, for human consumption.
(15) "Food -contact surfaces" — Surfaces of equipment and utensils with which food normally comes in contact;
and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food.
(16) "Food preparation" — The manipulation of foods intended for human consumption by such means as washing,
slicing, peeling, chipping, shucking, scooping, and/or portioning. The term also includes those activities involving
temperature changes, combining ingredients, opening ready -to -eat food packages; or any other activity causing
physical or chemical alterations in the food.
(17) "Garbage' — Food waste generated on premises that is not disposed of through the se-vage disposal system.
The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste.
(18) "Hermetically sealed container" — A container designed and intended to be secure against the entry of
microorganisms to maintain the commercial sterility of its contents after processing. V
(19) "Highly susceptible population" — A group of persons who are more likely than other populations to
experience foodborne disease because they are immunocompromised or older adults institutionalized or preschool age
children in custodial care.
(20) "Hot water' — For the parposes of this chapter, hot water means a water temperature of 100 degees Fahrenheit
or above.
(21) "Indirect waste connection" — An indirect waste connection is a liquid waste pipe that is connected with the
seurerage system through an air gap or air break-
(22)
reak(22) "Kitchenware' — All multi -use utensils other than tableware.
FY2010-2011 7 I -035 -102nd
(23) "Limited food service. establishment" — Any establishment with a food service o}aeration, so limited by the
type and quantity of foods prepared and the equipment utilized, that it poses a lesser degree of risk to the public's
___Lealth.-T.he. teen- includes-small seasonally. operated. concessions stands_.at_schools, --satellite _kitchens that dispense..
catered meals and similar facilities.
(24) CCFP Program Manager — An individual who has direct authority; control or supervision over employees
engaged in the storage, preparation: display and serving of food Lo children in child care settings.
(25) "Misbranded" - Food shall be considered to be misbranded:
(a) If in packaged fonu it lacks a label containing the name and place of business of the manufacturer, packer, or
- - distributor; or an accurate statement of the contents; or - -- ----- --------
(b) If it is offered for sale under the name of another food; or
(c) If itspurports to be or is represented as a food for Which a de ninon and standard of identit_ihas been
prescribed and it is not.
(25) "Perishable food" - Any food of such type or in such condition as may spoil; provided; that foods which are
in hermetically sealed containers processed by heat or other means to prevent spoilage and properly packaged,
dehydrated, dry or powdered foods so low in moisture content as to retard development of microorganisms shall not be
considered readily perishable.
(27) "Plumbing authority' - The local governing body. such as a county or city building inspection depar merit
U,i?ich has adopted a plurnbing code and has authority to interpret, inspect; and provide enforcement of plumbing
standards.
(28) "Potentially hazardous food" - Any perishable food which consists in whole or in part of milk or mill;
products, eggs, meat; poultry, fish, shellfish, edible crustacea, or other ingredients; including synthetic ingredients, in a
form:
(a) Capable of supporting rapid and progressive grovrth of infectious or toxigenic inicroorganlsms; or
(b) Capable of supporting the slower growth of Clostridium botatlinum.
(e) The terns "potentially hazardous food' does.not include foods which have a pH level. of 4.6 or below or a water,
activity (Aw) value of 0.85 of less, or air-cooled hard-boiled eggs with the shell intact.
(29) "Premises" - The physical food service establishment and the contiguous land or property under the control of
the manager, operator or owner.
(30) "Product thermometer" - A thermometer, thermocouple, thermistor or other device that when inserted into
food indicates the temperature of the food. This tern does not include non-product ambient temperature sensing
devices.
(3 1) "Ready-to-eat food" —hood that is in a form that is edible without washing, cocking, or additional preparation
by the establishment or the consumer. This includes:
(a) Unpackaged potentially hazardous food that is cooked to the termperature and time required for the specific
food under section D. Food Protection of this attaclunent.;
(b) Raw, washed, cut fruits and vegetables;
(c) Whole, raw, fruits and vegetables that are presented for consumption `vithcut the need for further washing,
such as at a buffet; and
(d) Other,! food presented for consumption for which further washing or cocking is not required and from which
rinds, peels, liusks, or shells are removed.
(32) "Reconstitute" — The recombination of dehydrated food products .,A,ith notable water or other suitable liquids.
(33) "Sal=e materials" — Articles _manufactured from or composed of materials that may not be expected to result;
directly or indirectly, in their becoming a component or othen-aise affecting the characteristics of any food.
(34) "Saditary", — Free from disease causing microorganisms of public health importance.
.(35) ".Sanitize" — The efftctive.treatmenc of clean surfaces of equipment and utensils by a process -�vlaich provides
enough accumulative heat or concentration of chemicals for enough time that when evaluated for efficacy. ;;gilds a
reduction of 5 logs, ,vhich is equal to a 99.990% reduction of representative disease microorganisms of public health
(36) "Sealed" —Free of cracks or other junctures or openings which permit the entry or passage of moisture.
(37) "Single -service articles' — Any cups; containers, closures, plates, straws, place mats, napkins; doilies, spoons,
stirrers, paddles, knives, forks, wrapping materials and all similar articles which are constructed wholly or in part from
paper, paperboard, molded pulp, foil, wood, plastic; synthetic cr other readily destr7.retible materials, and -which are
intended by the manufacturers to be for one-time, one-person use, then to be discarded.
(38) "Tableware" — 1\11ulti-use eating and dnnldng utensils.
(39) "Utensils" — Implements such as pots, pans.. ladles or food containers used in the preparation, storage.
FY2010-2011 8 1-035-10amd
transportation or seeing of food.
(40) "Wholesome" — Food which is in sound condition, clean, free from adulteration and othenvise suitable for
human consumption.
C. Food Supplies.
(1) Food received or used in food service establishments shall be from sources approved or considered satisfactory
by the department and shall be clean, wholesome, free from spoilage, adulteration and misbranding, and safe for
human consumption. It shall have been prepared, processed, handled, packaged, transported and stored in a sanitary
manner so as to be protected from contamination and spoilage.
(2) Milk and mill, products, including fluid milk, other fluid dairy products and manufactured milk products shall
meet the standards of quality established for such products by applicable state laws and rules. Only pasteurized milk
and milk products shall be used or served. Reconstituted dry milk and dry milk products may be used for cooking;
baking; or fortification purposes. Non-dairy creaming, whitening or whipping agents may be reconstituted on the
premises.
(3) Meat and meat products received or used in a food service establishment shall be identified as having been
officially inspected for wholesomeness and sanitation by a federal or state regulatory program. V
(4) Only clean eggs with shells intact and without cracks or checks,pasteurized liquid; frozen or dry eggs or
pasteurized dry egg products shall be used in the establishment; except that hard boiled, peeled eggs, commercially
prepared and packaged may be used. Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for
shell eggs in the preparation of:
(a) Recipes calling for uncooked eggs, such as Caesar salad, hollandaise or bernaise sauce, noncommercial
mayonnaise, eggnog, ice cream, and egg -fortified beverages; and
(b) Eggs for a highly susceptible population if the eggs are broken; combined in a container; and not cooked
immediately or if the eggs are held before service following cooking.
(5) All packaged foods, including those packaged in hermetically sealed containers, shall have been processed and
packaged in approved commercial food processing establishments.
(6) Food containers and packaged foods received and stored at food service establishments shall be in a condition
which maintains the safety and integrity of the contents.
(7) Food prepared in a private home shall not be used, sold, or offered to the public by a food service
establishment.
D. Food Protection.
(1) Food while being transported, stored, prepared, displayed, served or sold at a food service establishment shall
be protected from dust, flies, rodents or other vermin, toxic materials, unclean equipment and utensils, unnecessary
handling; coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination. Different
types of raw animal products such as beef, fish, lamb, pork or poultry shall be separated during storage and processing
by use of different containers, partitions, shelves, or by cleaning and sanitizing the equipment between product use.
Raw food products shall be physically separated from ready -to -eat food products during display or storage by storing
the raw products below ready -to -eat food products. v
(2) Perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous
food shall be kept at safe temperatures, 41 degrees (') Fahrenheit (F) or below and 135 degrees (') Fahrenheit (F) or
above, except during necessary periods of preparation and service.
(3) Potentially hazardous foods which are to be served without further cooking; such as ham salad, chicken salad,
egg salad, shrimp salad, lobster salad, ung salad; potato salad and other mixed foods containing potentially hazardous
ingredients or dressings shall be prepared from chilled products with a minimum of manual contact. The surfaces of
containers and the utensils used for preparation and subsequent storage shall have been effectively cleaned and
sanitized immediately prior to use. Potentially hazardous food requiring refrigeration after preparation shall be rapidly
cooled to an internal temperature of 41'F or below. The cooling period shall not exceed four hours. Potentially
hazardous foods of large volume or prepared in large quantities shall be rapidly cooled, utilizing one or more of the
following methods based on the type of food being cooled: y
(a) Placing the food in shallow pans;
(b) Separating the food into smaller or thinner portions;
(c) Using rapid cooling equipment;
(d) Stirring the food in a container placed in an ice water bath;
(e) Using containers that facilitate heat transfer;
(f) Adding ice as an ingredient;
FY2010-2011 9 I-035-10amd
i
1
(4) Frozen potentially hazardous food shall be thawed:
(a) In refrigerated units at a temperature not to exceed 410F ; or
(b) Under cold. potable running -water. with sufficient water velocity to agitate and float off loosened food particles
into the overflow:
1. For a period of time that does not allow thawed portions of ready -to -eat food to rise above 410F; or
L. Fora period of time that does not allow thawed portions of a raw animal food requiring cooking to be above
410F for more than 4 hours including the time the food is exposed to the running water and the time needed for
preparation for cooking; or
-- __.(c) In a-rmcrowave oven, or ..._. ._ ._.
(d) As pa L� of the conventional cookng process.
(5) Raw; unprocessed f; pits and vegetables shall be thoroughly washed in potable water to remove any existing
contaminants before being cut, combined with other ingredients, cooked, or served.
(6) Raw neats and selected foods must be cooked to the internal cooking temperatures identified in Table 1 below
and held at the appropriate temperature for at least 15 seconds.
Table 1 Safe Internal Cooling Temperatures of Rate Meats and Selected Foods:
Food
Minimum Internal Temperature
Roasts (Beef, Pork and Ham)
145° F
Fish
1450 F
Eggs — to be se red immediately
145° F (-whites and yolks are
Eggs — cooked and held for service
1550 F
Ground meat
! 1550 F
Poultry— wholl-e; parts, or ground
165° F
Leftovers
165° F
Foods cooked in microwave
1650 F
Sauces, gravy, soups
1650 F
(7) Microwave Cooking. Raw animal food cooked in a microwave oven shall be:
(a) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
(b) Covered to retain surface moisture;
(c) Heated to a temperature of at least 1650F throughout all parts of the food; and
(d) Alowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium,
(8) Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior
to use have been cleaned; rinsed and sanitized to prevent cross contanvnation. Potentially hazardous foods that have
been cooked and then refrigerated shall be reheated rapidly to a rninimum of 165°F for 15 seconds throughout all parts
of the food, or if reheated in a microwave, shall meet the requirements for microwave cooking in section D.(7) before
being servedor before being placed in a hot food storage equipment. Ready -to -eat food taken from a commercially
processed. h -letically sealed container, or from an intact package from a food processing plant, shall be heated to a
temperature of a least 135OF. Precooked; pre-packaged food from approved sources shall be exempt froial this rapid
reheating requirement when the food is initially removed from the original package; prepared for service. and not
cooked for hot holding. Steam tables; baimuaries. warners and similar hot food Bolding equipment are prohibited for
the rapid relieating of potentiall y hazardous foods.
(9) "cod, whether raw Or prepared, tf removed from the container or package in which it was obtained, shall be
stored in a clean covered container except during necessary periods of preparation or se7rice. Container covers shall be
impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll senting
rTn,, 1Aer C' li lip nrntPr+PrI !-IN, bRina MVFTrpd it ctrn-aaP PxrPnt nr chits of riP,1t rtav
be hung uncovered on clean sanitized hooks if no food product is stored beneath the meat. Food and containers of food
shall not be stored under exposed or unprotected sewer Iines or water lines, except for automatic fire protection
sprinkler heads that may, be required by fire safety rules. The storage of food in toilet rooms. locker rootus, dressing
rooms, garbage rooms. or vestibules is prohibited. Unless its identity is unmistakable; bulk food such as cocking oil,
syrup; salt, sugar or flour not stored in the product container or package in which it was obtained.. shall be stored in a
container identifying the food by common name. Food not subject to further washing or cooking before serving shall
be stored in a way that protects it against cross contamination from food requiring washing or cooking. Packaged food
FY2010-201 1 10 1-035- 1 Oamd
shall not be stored in contact with water or undrained ice. Food shall be stored a minimum of 6 inches above the floor,
on clean shelves, racks; dollies or other clean surfaces in such a manner as to be protected from splash and other
contamination. Racks and dollies used for food storage must be easily movable.
(10) Potentially hazardous food, date marking requirements.
(a) Refrigerated, ready -to -eat, potentially hazardous food prepared and held for more than 24 hours in a facility
shall be clearly marked with the date of preparation.
(b) Except as specified in paragraph (d) of this section, a container of refrigerated, ready -to -eat, potentially
hazardous food prepared and packaged by another food service establishment shall be marked to indicate the date, as
specified under subsection D.(l1), by which food shall be sold or served.
(c) "When ready to eat, potentially hazardous food specified in paragraphs D.(10)(a) and (b), is to be subsequently
frozen, in addition to the date of preparation, the food shall comply with the following:
1. Prior to the food being placed into the freezer; the container must be clearly marked to indicate the date of
freezing; and
2. The container must be clearly marked to indicate that the food shall be consumed within 24 hours of thawing
and shall be exempted from paragraphs (11)(a) and (b) of this subsection; or
3. 'When the food is removed from the freezer, the container must be clearly marked to indicate the date of
thawing.
(d) Paragraphs (b) and (c) of this section does not apply to:
1. Cured meats and aged cheese; and
2. Individual meal portions served or repackaged for sale from a bulk container upon a consumers request.
(11) Ready -to -eat, potentially hazardous food, disposition.
(a) Refrigerated, ready -to -eat, potentially hazardous food specified in paragraphs D.(10)(a) and (c), shah be
discarded if not served within 7 calendar days from the date of preparation, excluding the time that the product is
frozen;
(b) An ingredient or a container of refrigerated, ready -to -eat, potentially hazardous food specified in paragraph
D.(10)(b), shall be discarded if not served within 7 calendar days, excluding the time that the product is frozen, after
the original package is opened or by the manufacturer's "sell by" or "use by" date, whichever occurs first.
(c) Ready -to -eat, potentially hazardous food specified in subparagraph D.(10)(c)2., shall be discarded if not
consumed within 24 hours after thawing.
(d) Food specified under subsection D.(l0), shall:
1. Not be frozen if the food has exceeded the requirements of subsection D.(2) or (3), ;
2. Not be frozen and subsequently thawed more than once;
3. Be discarded if it is in a container or package that does not bear a date or is inappropriately marked with a date
that exceeds the time frame specified in subsection D. (11),
(e) A refrigerated; potentially hazardous, ready -to -eat food ingredient or a portion of a refrigerated, potentially
hazardous, ready -to -eat food that is subsequently combined with additional ingredients or portions of food shall retain
the date marking of the earliest or first -prepared ingredient or portion and shall be discarded as specified under
subsection DA 1),
(12) All food shall be displayed and sensed in such a manner as to minimize contamination. To avoid unnecessary
manual contact with food; suitable dispensing utensils shall be used by employees or provided to consumers who serve
themselves. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
(a) In the food, including food within containers such as bins of sugar or flour, with the dispensing utensil handle
extended out of the food; or 4
(b) Clean and dry; or
(c) In rutming water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice
cream or mashed potatoes; or
(d) In hot water wells that maintain the temperature of the water at or above 135°F and that are cleaned frequently
at scheduled intervals throughout the day.
(e) Ice -dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle
extended out of the ice. Between uses, ice transfer utensils shall be stored in a way that protects the utensils from
contamination.
(13) Sugar, condiments, seasonings or dressings intended for self-service use shall be provided only in individual
packages or from dispensers that protect their contents. Nondairy creaming or whitening agents shall be provided in an
individual service container, protected pour -type pitcher, or drawn from a refrigerated dispenser designed for such
service.
FY2010-2011 11 1-03 5-10amd
i
(la) Individual portions of food once served to a customer shall not be served again, except those packaged foods.
other than potentially hazardous foods, which remain in their undamaged original packaging and which are still
wholesome nay be.re-served.— - ....-... -- - -- --- --=--- ---_ -- — — --...- ---- —
(15) Ice'' obtained from outside the food service establislunent shall be from an approved source and shall be
handled; transported and stored in a sanitary manner. Ice for consumer use small be dispensed only with scoops; tongs
or other ice:dispensing utensils or through automatic self-service ice -dispensing equipment. Ice -dispensing utensils
shall be stored on a cleat, surface or in the ice with the dispensing utensils handle extended out of the ice. Between
uses, ice transfer utensils shall be stored in a way that urotects the utensils froin contamination. Ice storage bins snail.
- - be drained through- an- air gap in- accordance with the provisions of --the applicab]e. plumbing authority. Ice used or
cooling stored food and food containers shall not be used for human consumption, except that such ice may be used for
cooling rubes conveying beverages or beverage ingredients to a dispenser head.
(16) Food while being transported ber,v-en food service establishments or Agile being transported from a food
service establishment to another location shall be in covered containers or othenvise wrapped or packaged to ensure
protection from contannationpotentially hazardous foods shall be kept at safe temperatures during all periods of
transportation and delivery. Food utensils shall be completely v,,rapped or packaged to protect them from
cor tatnination.
(17) No:poisonous or toxic materials shall be present in food senice establishments except those used for
maintaining the establishment, cleaning and sanitizing equipment and utensils; and controlling insects and rodents.
(a) Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of
contents.
(b) Poisonous or toxic materials shall be stored separate from food, food equipment, utensils; or single -service
articles.
(c) The use of sanitizers, cleaning coirnpounds or other compounds intended for use on food -contact su Laces shall
not leave a toxic residue on such surfaces or constitute a hazard tc employees or consumers.
(d) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils; nor in
any way that iconstitstes a hazard to employees or other persons, nor in a way other than in full compliance with the
manufacturer; s labeling.
(e) First-aid supplies and personal medications shall- be stored in a way ,vhich prevents their contaminating food or
food -contact surfaces.
(i] Sanitizers, detergents, or other cleaning compounds shall be stored separately frons insecticides, rodenticides
and other poisonous or toxic materials using methods such as different storage cabinets or separate areas of a roots.
(18) In the event of an emergency occurrence such as a fire, flood, power outage or similar event that might result
in the contamination of food, or that might prevent potentially hazardous food from being held at safe temperatures;
41'F or be! ow and 1357 or above, the person in charge shall immediately notify the department.
E. Personnel.
(1) Health and disease control — No person while affected with any disease in a communicable form or while a
carrier of such disease or while a_fficted with boils. infected wounds; sores or an acute respiratory infection shall work
in any area of a food service establishment in any capacity in which there is a likelihood of such person contandriating
food or food -,'contact surfaces v,Iith pathogenic organisms, or transmitting disease to other individuals and no person
ht,o,,n or suspected of being affected pith any such disease or condition shai.] be employed in such an area or capacity.
If the management of the food service establishment has reason to suspect that an errnnloyee has contracted any disease
in a communicable form or has become a carrier of such disease that car, be transmitted by normal food ser-aice
operation, the department shall be notified immediately. Both management and employee shall be responsible for
compliance with the requirements of this section.
(2) Cleanliness — The outer clothing of all employees shall be clean. Employees shall maintain a high degree of
personal cleanliness during all periods of duty. All persons involved -,with food preparation or food. storage- or who
come .in contact with utensils or other food -contact ser vices; shall comply with paragraphs (a) through (f).
(a) Hairnets; headbands, caps or other effective hair restraints shall be worn to keep hair from food and food -
contact surfaces.
(b) Keeptheir fingernails trimined, filed, and maintained so the edges and surfaces are cleanable and not rough.
Fingemails exceeding one-eighth inch beyond the nail bed shall not be considered trimmed and trust comply with
paragraph (c)of this subsection.
(c) Not wear fingernail polish or artificial fingernails when working with exposed food or unwrapped utensils
unless `arearind intact gloves in good repair.
FY2010-2011 1 12 1-035-1 Und
(d) Except as specified in paragraph (f) of this section, shall not eat or drink in food storage and preparation areas,
or in areas containing exposed food or unwrapped utensils, or inhere utensils are cleaned or stored.
(e) Not wear jewelry on their arms and hands while preparing food. This does not apply to a single plain ring such
as a wedding band.
(f) Be allowed to drink from a beverage container with a tight fitting lid, if the container is handled to prevent
contamination of the employees' hands, the container or unwrapped single -service article; and exposed food, clean
equipment, utensils, and linens.
(3) Tobacco - Employees shall not smoke or use tobacco in any form while engaged in the preparation or service
of food or while handling any utensils or equipment. Smoking shall not be permitted in food storage and preparation
areas or in areas where utensils are cleaned or stored.
(4) Other practices - Spoons, knives and forks shall be picked up and touched only by their handles. Cups, glasses
and bowls shall be handled so that finger or thumbs do not contact inside surfaces or lip -contact outer surfaces.
(d) Handwashing - Employees shall wash their hands and exposed portions of their arms at desipated
handwashing facilities at the following times:
(a) After touching bare human body parts other than clean hands and. clean, exposed portions of arms:
(b) Atter using the toilet room;
(c) After caring for or handling support animals as allowed under subsection H.(S);
(d) After coughing, sneezing, using a handkerchief or disposable tissue; using tobacco, eating, or drinking (except
as noted in paragraph (2)(f) of this section); V
(e) Immediately before engaging in food preparation including working with exposed food, clean equipment and
utensils, and unwrapped single -service and single -use articles;
(r) During food preparation, as often as necessary to remove soil and contamination and prevent cross
contamination when changing tasks;
(g) 'When switching between workina with raw foods and working with ready -to -eat foods; and
(h) After engaging in other activities that contaminate the hands.
(6) Other - Infants and children shall not be permitted in food preparation areas. Only authorized individuals,
necessary for the operation of the food service establishment, or as part of an organized educational event, shall be
allowed in the food preparation or utensil washing areas.
(7) When the food service establishment receives a complaint of possible foodbome illness, the local county helath
department must be notified.
F. Food Equipment and Utensils.
(1) Equipment and facilities provided - Every food service establishment shall be provided with equipment and
utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the
provisions of this chapter. Equipment that is certified or classified for sanitation in accordance with American National
Standards Institute/National Sanitation Foundation (ANSII SF) standards (Standard 2, July 1, 2002; Standard 3, July
1, 2001: Standard 4, April 26, 2002; Standard 6, December 6, 2002; Standard 7, April 1, 2001; Standard 8, December
26, 2002; Standard 12, November 1, 1992; Standard 13, August 1, 2001; Standard 18, August 29, 1996; Standard 20,
July 1, 2000; Standard 25, December 26, 2002; Standard 29, November 1. 1990; Standard 36, January 1, 2002;
Standard 37, April 26, 2002; Standard 51, June 14, 2002; and Standard 59, December 26, 2002) by an ANSI accredited
program, will be deemed to comply with this section. The following equipment and facilities shall be provided where
applicable to the operations conducted:
(a) Conveniently located refrigeration facilities and Lot food storage and display facilities of capacity adequate to
maintain all potentially hazardous foods at safe temperatures during all storage, preparation, display and serving
operations. Each facility used for the storage of potentially hazardous foods shall be provided with a digital or
numerically scaled indicating thermometer accurate to plus or minus 3'F, located in the warmest or coldest part of the
facility as may be applicable and of such type and so situated that the temperature can be easily and readily obsen-ed.
Record ng thermometers, accurate to plus or minus 3'F may be used in lieu of indicating thermometers. "Where it is
impractical to install thermometers on equipment such as bairimaries, steam tables, steam kettles, heat lamps, calrod
units or insulated food transport carriers, a metal stem -type product thermometer with a digital or numerical scale and
accurate to plus or minus 3°F shall be provided and used to check internal food temperatures.
(b) Conveniently located sinks with running water, waste disposal units or containers or similar equipment for the
u-ashing, trim=g and similar preparation of foods. Sinks used for the preparation of food shall not be used for any
other purpose. V
(c) Cabinets, compartments or bins and utensils for storing and serving ice in a sanitary manner.
FY201 D-2011 13 I-035-10amd
i
(d) Water dispensing devices of sanitary design.
(e) Sanitary facilities for storing and dispensing single -service articles.
(£)_Unwrapped_. foods_ which. are.. displayed or otherwise placed on counters or serving lines at cafeterias,
smorgasbords, buffets or similar type operations and all unwrapped foods on tables. racks, carts, counters and shelves
at any food !service establishment shallbe protected against contamination from customers and other sources. Such
protection shall be provided by enclosures or by the installation of easily cleanable sneezeguards or other effective
counter protector devices; cabinets, display cases that shall be designed to intercept direct lines between the mouth of
the customer and the -.good. Self-service opersngs and counter guards shall be so designed and arranged to protect food
from bare hand contact by customers.
(g) Exhaust ventilation installed at or over all cookuiU units such as ranges. --riddles, deep -fat frying units and
other units of equipment which release appreciable quantities of steam, odors, grease or smoke shall be approved by
the local fire authority.
(h) Facilities for the storage of tableware, designed and maintained to present the handle to the employee or
customer and to cover or protect the portion which may contact the customers mouth.
(i) Convenient and suitable implements such as forks; lmives, tones; spoons, scoops and similar devices to prevent
unnecessary handling of food at all points where food is prepared or served.
(j) Conveniently located cleaning facilities to keep all parts of the establishment and all equipment and utensils in a
clean and sanitary condition. This shall include suitable space and facilities for storing clean and soiled utensils; for
disposing of waste food residues; for pre -rinsing, washing and sanitizing of multi -use utensils; for cleaning pots, paus,
racks and cans; and such other equipment as may be necessary for the effective, regular and periodic cleaning of the
entire establishment including either a janitorial sink; can washing facility or similar device intended for the disposal of
liquid waste resultt_ng frojil cleaning operations.
(k) Suitable multi -use utensils or single -service art=icles made i otn non-toxic materials.
(1) Equipment for manual or mechanical dishwashing of multi -use eating and drinking utensils. Suitable facilities
shall be provided for removing food scraps and food residue from utensils, including glasses, before they are placed in
the wash water or wash compartment.
1. When utensils are washed and sanitized by hand, a three compartment sink shall be provided. All sinks shall be
of adequate size and depth to accommodate the utensils to be washed, shai_l be provided with running hot and cold
water and shall be properly connected to the building drainage system. Sinks shall be provided with drainboards, easily
moveable dishtables of adequate size or other similar equipment so located and so constructed that soiled and cleaned
utensils are kept entirely separate and that cleaned utensils are protected against contamination from soiled utensils or
dishwashing operations. Drainboards shall slope to the sinks or to suitable drains and shall be installed so as not to
interfere witl_i proper use of the sinks. Dish baskets shall be of such design as to permit complete iinlnersion of multi-
use utensils and equipment components being sanitized therein.
2. When! immersion type dishwashing machines are used, applicable requirements pertaining to manual
dishwashincy shall be met.
3. When utensils are washed by spray -type dishwashing machines which depend upon a hot water spray for final
rinsing or sanitizing, the hot water system shall provide Vwater to the machine during all periods of dishwashing
operations ati a temperature at least equal to the final rinse temperature specified in subparagraph F.(5)(b)7. Easily
readable thermometers shall be. installed near the discharge end of the machine, so located as to show the temperature
of the final rinse water entering the manifold. Thermometers shall also be provided to indicate the temperature of water
in all tanks of machines. These thermometers shall be accurate to plus or !pinus ;°F. A pressure gauge shall 10.-
installed
einstalled or asuitable gauge cock shall be provided in the rinse line, immediately upstream from the dishwashing
machine, top' i-mit checking the t1ouv pressure of the final rinse water.
(m) All facilities necessary for washing pots, pans and other multi -use utensils in -which food is prepared. Atleast a
V, vo compartment sink shall be provided for washing kitchenware and equipment which does not require sanitization.
All sink=s shall be provided with ruruaing hot and cold water and adequate impervious drainboards or easily movable
(n) Other; tv)es of devices which have been demonstrated to the satisfaction of the department to be effective in
rendering all surfaces of utensils free from visible soil, wash Neater and detergent, leaving them clean to sight and touch
and effectively subjected to sanitizing.
(2) Design and fabrication.
(a) Multiuse equipment and utensils shall be constructed and repaired v,ith safe materials. including finishing
materials: shall be corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under
conditions of normal use. Sinale-service articles shall be made from clean; sanitary, safe materials. Ice buckets, other
FY2010-2011 14 1-035-1 0amd
containers, and scc)opS. shall be of a Smooth, impervious material and designed to facilitate. cleaning. Equipment,
ULC71SilS and Sing,1,:-sc-vice arLiCics shall 110-t impar i odors, COlOr or taste nol' Conn-1.OU'C: tO the COntarninatloil o-r f ood.
(b) if solder is used, it shall comply with the standards of the Plumbing section of the current Florida Building,
C ode . it shall not exceed ?°„ lead.
(Cj PeFlter Or enamel ma- nG`: be Use_! as a ,'COC'-contact 91:rfaCt. Ga)VaniZet -Metal 1112V not De ,IS 107 nlO1Si Or
acidic foods and beverages.
(d j Hard manic or equivalently nonabsorbent material I ,ay be used for euttin block, Dunin« boards, salad bawls;
bai,er's rabies of rolling pills. Wood may be used fel single-ser vice articles; such as chopsticks: SlI Tgrs 0r ice cream
STJOOnS.
'i 657 other ci,, ulnstanC9S the ust O H+Ood as food-cona-1 surfaces 1S prohibiied, eXCepi as S_Declied in
subsection F.(2).
(ej Saft plastic Or safe 7inmr-like. materlat5 dial are resistant urdel' normal conditions OI ust to scratcninci, Sconng,
dccOiinUOSihUli, crazil)L,, chiuoii'1_ aI)d d:Sioi'ilon, tihai art of sulil5cicn! Weigtii aDd thicIr ieSS to perlllli e1bar1i11Q at)d
SanitiZin�' by normal disiiwas'iline methods are JC; II1.U50. ?O' repeated iise.
(fl Cutting Surfaces that conic into Contact V,']tii 'OOd Such as Cutting. Dlocks and boards that are subject CU
sc-,a chin_ and scorin.R shall be resurfaced tney car! no )Onaz, DC-' ..-'ocrivc)y cleaned and Sflnr tiZBL', 07 discarded if
Ch ey aTe not Capable of Deifig r eSLrl'aced.
(�) Equipment containing beatings and gears regllfnng, non-food grade illbricants Shall be desimned and
conSu acted SO that the lubTicani cannot leak. d11p o;' De forced inL0 food or onto food-Contact SlliIaats, Only food 2 ade
iublicants shall be Used On eq#rntni deS1rai to tO Tcc,cl to 112DTICatldn DI Deanr_as and gears or. Or-witll7n food-contact
surfaces.
(h) Tubing Conveying bevera?es Or beverage ingredien'S to disvenSing heads tnFy be in Contact with Stored ice
provided that such tubing 15 fabricated from Safe L ate_ a1S; is zromineted a`. entr; arld n%;ii Joints LO Dreclude moisnire
!70171 COAQenSaDon frorli eiliering 'the Ice machine Or the i--e Storage bL). and IS l:e_pi Clean. Dra?n 2- Or dral.AaLT� illDeS
Ll 01"D d'S'DMSing'units shall net pass th-Toliz1h t11e ice nlaciline or the 1--t storage oin.
(i) =Food-contact surt`aws shall be Easily cleanable; smooth and free of breaks, open seams, cracks; chips, pits, and
5iT111lai imperfections, and irce Df difficult t0 Clean inte:mal Corners and Crevices. Cast JUM fna3' De Used as a food-
contact suace only if the surface is ligated, such as in g-lls; _riddle togs and skillets. Th gads shall be deli ped to
IaGilit?ne Cleaning; ordinary "V" type threads are prohibited in food-contact surfaces, eXCept that in egUipmtnt Sllcl] as
ico makers Or hOi Oil c001:_tnE! egLlpmgnt and hot Oil filtering Systems, such threads shall be rninimiz5d.
(j) Unless designed folIn-place cleaning, food-cofltact surfaces shall De accessible for c1caninc, and inSDeOtion:
1. -Without bel'_lg disasscinbltd: Or
2. By disassembling without the use of tools: of
3. Bj+ easy di3assemblina wife tilt use Of only siliple tools SUCK as a mallei, a SCTe',%,'d_1JV';' Or all Oben-e7d v,'renG=
_-.__..kept availabie_near. the equipment.—__----- ... ...__--
(h) Equipment intended far -place cleaning shall be s0 des:gflec and fan-icated that: - -
1. Cleaning and sanitizing solutions can be Ci-clllated throughout a fixed sj'Stem USincr an effective clearlino ant
sarlitiT.ing regimen; and
2. Cleaning and sanitizing solutions will contact all interior IDOd-COnCaCi Surfaces; and
I The system is sel` draining or capable of being complete} it evacuated.
(1) Fi3;ed equipment designed and fabricated to be cleaned and Sanitized by pre��ur e sera}' r letbods shall 1ial+e
sealed electrical wiring, switches and colLlections.
(m) Sinks and drain boards shall be self-draining.
(n) indicating tlignnonieters required for immersion into food or coolan' medic s}:all be of metal steal lupe
const,-uctlor.; H illi a ai_itai or nzme, l.,al+Gale and ac.,uratg t., p...s 0, inlnzs _ r .
(o) Non-food-COntact Surfaces of egulDiileni Vrhich are exposed to Splash oT fooC debris Or vvEoll Oae:w:st _
TegU17CS'ITeg11ent-cleanin; shall be-desraned and 3abrlcaLgd-terbe-�lil00th,�J351laDle, 1 a_.Oi.11AneCeSSa j±_-�udQeS; _. _
prQiections or crevices, readi}' accessible for cleaning and shall De of such irate-ial and in such repair as to be easiiv_
—il�aintaiiied in a clean and sanitary-conaiti0n -
�l) entilatlOn hoods and devic S shall be dem-antd to prevent grease Or condensation Lrom collecting on walls and
Cellln�s and from dripping into Iood or onto food-contact surfaces. Filters oi' Other grease ehtraOtinc egUipi7e
_...._ usvd';S11Zl1=De?eadil;'reIDOVaD1eICi clearnh&and rep! acemen,i-if not -desiTied -Lo -De-cleaned_in.-place.__._..-_-. -.--- _-__- _-
(q) BEquipmeni that was installed in a food service establishment prior to the effective date 0f this �=Jcndmen` Got;
--Food_SafetS an�SanitatiIqu g�ients. attachment 3 that does not Pill' loge: all of the desisn and fab=cation
equuements of this section; shall be deemed acceptable in that gstab isnmeni in it rs in goo iepalr, .cava ie 0f being
maintained in a sanitary condition and the food -contact Surfaces are non-toxilc. Replacement equipment and nej,'
=Y2010-2011 15 1-035-10amd
equipinent acquired after the effective date of this Amendment One; Food Safety and Sanitation Requirements,
Attachment 3 shall meet the ,requirements of this amendine:iit.
(3) installation and location of eeuipment - Eduipmeni shall be so installed as to facilitate the cleaning thereof and
of all adjacent areas with the equipment in place; unless the equipment is easily movable. Equipment place❑ on iaDles
or collnters, but not sealed thereto and is not easily inova01e, Shall be mounted on lees Or feet at least 4 inches high.
Floor mounted equipinent, unless easily novable, Shall be installed OP_ raised platfoni-is Of Concrete Or other Smooth
iriasoP''y in Such marine; as t0 prevent liquids or deDriS from Seeping or Settling uldernoath, benueen or behind In
S1Daces not rally open for cleanlno and MSDOC60n: 0; shat be elevated on legs or feet at 1-.a51 6 inches above the f10o1'.
Such equipment shall be installed flush t0 the wall with the Snact Seale-; Or a sufI1c79ni, unobstructed Space from the
rear ufall 10 the back Of the CgL'lpm`ni shall be pi"Ovided to pt-miit cleaning. The Space between agjoining units or
--heti een llv S1d�Of.�L'nl? aIld_i!le"adjaCe]C_wail ._shall _he_sealed un eSS.ther_is sufficient Space 10 allow. for ready and
U)orou2h cleaninz be:ween; beiii➢d and beSlae all such e:du7nment. Aisles o-. worl�nL, Svacts beiWee:'i eaulpmeili and
- xvalls Shall be of "SllifiClent -width and unimpeded SO that employees -can readily perform tbeir duties .without
contamination of food or food-contact Surfaces ?Ton, C10t11ing Or unnecessary personal conta0t, All easily movable
StoragB egLlpment SllCli as pallets; racks and doilies-Sllflll be pOS]t]Gned""t0 Dr0\'i'de'aCwSS:Jillt;r to`wOrlan? areas:-
Equipment intended for connection t0 the water supply or sf'wJ ' system shall be installed in acco_ dance with
provisions DT the applicable p1llL7b1nE authority and Shall be protected froni 'L'aCl: Slp!lOIlaQe Or OaCI lOv' b; use Of
approved air 4ays, vacuum breakers or baek=iow preventers.
(a) Waste piping from all refrigerators shall discharge indirectly into a floor Sir_k, 11007 d-21n or receptor approved
by the plumbing authority.
(b) Drains In wall.-Lir, refrigerator floors shall be installed by lndlreut waste COnnectlOns and such drains Shall
15Cla7ge into a --floor dram located Outside the wall:-in re! i2erator.
(!) Cleanliness of equipment and utensils.
(a) All tableware, kitchenware and food-cozaact SUrfaCeS Of equipment, eX_-j11S'Ve Of C0011n2 Surfaces of
equipment and pots and pans that are not used to hold or Store flood and are used Solely for cool,' Ilg purposes; shall be
thoroughly Cleaned and ssnitlzed u_-lei each use. Food-contact Surfaces of Fills, ffr]ddIcs and Si-mila' Cool;imig devices
and the cavities and door seals ofmicrowave ovens shall be cleaned at least once a day, e, cent that t'nis Shall not apply
to hot oil cooking equi-o hent and hot oil filte-meg systems. The food-contact surfaces of all cookirig eQulpMeni Shall be
Kent i"Tee of encrusted grease deposits and Other accumulated 5011. A.11 multi-use utensils aIld food-Contact. 3-xfaces of
equipment used in the preparation or storage of potentially hazardous food shall be tho: ou2Ey cleaned and sanitized
prior t0 C3C17 such use. `M1There e0uipmBIlt and '11u1P. use utensils are used for prepziation a potential], hazardous foods
o-a a continuous Or production line basis, food-contact Suriaccs of such cculnment and utensils Shall be cleaned and
sanitized at least aiier every four (-') hours of operation , based on food temperature; ripe of food and amount or food
- .._ pa:tcie accumulation. Non-food-contaot sur aces of equ pment shall be cleaned at such inte<gais as .necessar;- to keep
then] ET c of dust, air', Iood particles and othtrwlse in fl Clean and S3nitcry COnd1t70n. ler cleaning aIld until use, all
food-contact surfaces of equipment and multi-use utensils shall be stored and handled in a MFane7 that protects those
surfaces from manual contact, splash, dust, dir, insects and other contaminants.
(b) All single-sei;ice articles shall be stored, handled and dispensed in a sanitary manner and shall be used only
once. Food service establishments which do no- have adequate and effective i cilities for cleaning and saniuzin ,
multi-use utensils shall use single-se; ,ice articles only.
(C� Detergents, Cleaning coInponents and abrasives Shall be thoroughly rinsed off food-contact surfaces,
(d) Cloths used for wiping occasional food Spills on tableware, such as plates OT bowls 'Ce111g Se11,ed t0 the
consumer, Shall be cl'ean, ary and used IOr no other i)tnose. Moist cloths Or Sponges used for wiping fOOd Sl7il1S On
kltchoriware and food-Contact Surfaces of egtli-oratnt Shall be Clean: and rinsed irrmiedlatelY pi" o,- t0 use and 7-gilentl�'
dllring.Use-in_a..Scritl'lIlg-S01.11itO?_a ld-L'Sed for.IlO.Otller puipOS-E-M01St 01WLS Or_SDOD2eS _use- O" cltaraia; non-ioOd-
cOntact SUiZaCeS Of equip ]lent Sudl) 2S counters, Llining "I3Dle to-os-and-S11elVe5-Sllall be clean and -rinsed -in-a-sanittz7no.__..__.__...
_ solution and used for n0 Other Dubose. If multi-use disposable towels are used in place Of wiping Cloths or SDOn'es
;
-
(d) Methods of washing and sanitizing - prior to kvaslung, all equipment and multi-use utensils shall be ureiiusiiIed
or_prescraped_and,-wilen.neGessaly_. pI'eSOaked t0 t'emove °'OSS IOOd particles and S011. rf edt7ye Concentra. 0IlS OI
suitable detergent shali be uses it both manual and mechanical dishwashing.
(a)Manual - For manual washing, rinsing and sanitizing of utensils and equipment; sides, drainboards and
compartment in a hot dete-2ent solution which is kept reasonably clean, and then shalt be. nnsed free or suer so u.7on
in the second coinpartnient. A11 multi-use eating and dunking utensils and, as described in paragraph (A)(a) of this
F Y2010-2011 16 1-03-1-1 Oamd
section. the food-contact surfaces of all ot3ier tquipment and multi-us;: utensils shall be sanitized in ti-,e third
crnnparemeni
by one of the: icllmvin!_ n]ethods:
1. l211IM,-ESjDn fo; a period of at least one-half minuu in clean, hot water at a temperature o 1 70°F 0; above;
2. lrrimc:rsion for a period of at )cast 1 minute in a clean sanitizing solution containing:
!7.
a. r: ii»niiiiuri; G;r- �l � parC; per in il7
_Gii of available GhiGiine a� u LemperarLlrc nGi less than ..co7O:'
b. A minimum Of 12.5 parts per million of available iodide in a solution with t1 not hiL-her than five and a
telnperaiurc:.no; less than 757°F;
c, .piny other chemical saint Lizing agent which has been demonstrated to the satisfaction Of the cicpainment t0 be
efie:ctive and non-toxic. under List conditions and Toir whlcl] a suitable field test is available. as described herein. Such
Other sanitizing a_ents, in-ust sOlunOris, shall-m-o-vidt til-, e uivalenl sanitizing eiieat of a solution contaminL, at leas[
50 pa7:S per minion of available chlonne ai a Le]nperatur t not less than 75 °F. The con.-2mranor and contact-tiille f07-
quaifrnam, ammonium, compounds shall be in accorcance with the manutactllrer`S (abet dlrtztions.
d. A lest 1:1t Or Othcr device that a=17ate)y measures the nal CS per milhon concentration: Of tilt sol1.iPOn shall be
available and used when chemicals are USed for sanitization.
_. fixed eCluipfneili and BquiDmmni too lar R:: t0 treat by mc= thods 1. and 2. abc—nic;'nai+ be Crea cd:
a. V+'ith live Steam from; c [lest, i ee from malc_;al or addiii`+eS Other than Chose SDeCiflea in Title ?i Code of
Federal Rexulations 173.310; or
b. 3y boiling water rinse from a liose;
q. Whm hot water is used for sanitizing; the following facilities shall be provided and used:
a. An [Lite nal heating device Or fixture IIISiallcd in, On, 0:' llnder the sarlitizim, Coinpar mint Of the Si12�: Capable Of
rnaimaining Lic water ai a temncratur c Of at least 170'F: and
b. A. dizital Or numerical)y scaled inciiCaLln°, mtmiinorneter, accurate to phas Or minus 3°F convenietiL to the sink for
ftequeat checks of Water tenlD'ratuTe. -
(b) MiechaniCal - Cleaiiiilc,. and sanitizing may be done by spray ijDe or iii. erSlOn Qlshw25]1nR OT by any Otiler
type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils, These
machines and devices shall be properly installed and maintained in Qood repair. Machines and devices shall be
operated in accordance with the manufacturer's instructions and specifications, MLhich must be attached to the machine.
Utensils and equipment placed in the machine shai) be exnosed to all dishwashing cycles. automatic detertrent
dispensers; v,aUting agent dis-0users, and liquid sailltize' injectors, if any, shall be proper)y installed and maintained.
All dishwashing inaehines shall be thoroughly cleaned at least once a day, Or nio-re when necessary, to maintain them
in a satisfaetcmy Operating condition.
1. The nressure Of final rinse water supplied i0 Spray iyp8 diSl1A'aSllingillaClllneS Sl13li not be less than 15 nor more
than ZD DOunds ,Der square incl] n]easured in Lhe water line immediately adacent to the final rinse control valve. 4 One-
uriLlachlP� v�lve_shall.:be_prc� ided=i n rlecliatel�- upstr a .:� rain the sinal rinse contro)_va v-Lo pe- it uhecla ig the --
low pressure of the final rinse water.
2. Maehine or water line inounted digital o nu-merically scaled indicating thermometers, accurate to plus or minus
3°F , shall be provided to indicate the to perature of he orate, in each tank of tele machine and the teiriperatLire 0- the
final Tizise water as it enters the manifold.
3. Rinse water tanks shall be protected by ba lies, curtains oT other effective Means to znini'=ze the entry of wash
water into the rinse wa[er, Conveyors in dishwashin machines shall be accurately timed to assure proper ex. osure
times in wish and rinse cycles in accordance with manufacture7's specifications attached to the machines.
4�7-a;n nrar�s�sa Lb��lo�iae� and be�Ladequa e size for the propel_ handli7s of soiled utensils Drio- to
washirig, and of Cleaned utensils_fD1lOV,'in2 sanitizaticn, and be so located and constructed as not t0 inLerfere wifh fhe
proper use of the disliwashing facilities. This does not preclude the use of easily movable dishtab)es for the storaare of
---soil�d,utensils-�T-fi]e.use-of �asi.i�c-moz;able-dishtables.for-thestor-age.cf_clean-utensils-fol.)o:w�.ili�sanitization.--.-..______-__.
�. Equipment and utens?Is shallbe fluslied-or scraped and, when neeessaip;�oai sd :o remove doss food particles___.and soil -onor to being washed in a dishwashing machine, unless a prewasil cyc)e is part of the dishwashing m opine
operation. Equinmenl and utensils shall be blaced in ;eels, trays; or baskets; or on cont cyan;-in a i rad pai iobd ------
contaci surfaces are exposed t0 the unobstr ueted applicatior, 01 detergent wash and clean rinse waters and tllai Deri]hlrs
free draining.
- — Y N/,E inns using all emica]s'fo2 sanitization may be used, provided -that:....—.--
a. The temperature of the wash watei shall not bt less than 1.20°F.
�,�lae,�,iels..add,:.d�'of:.s3niti�ati.o�p?Il�i�s.s elle[[ h= �i�tnmaticalitr3iGp=nc�d
d. Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with the
FY2010-2011 17 1-E5-1 Uamd
rnanufacturer s specifications for time and concentration
e. The chemical sanitizing rinse water temperature shall not be less 'than 75°F nor less than the temperature
specified by the machines manufacturer.
f. Chemical sanitizers used shall meet the requirements of subsection F.(5)(a)of this chanter.
e. A test kit or other device that accurate)y measures the pans per million concentraticn of the solution shall be
available and used.
7. Machines usin- hot water for sanitizing may be used provided that wash water and pumoed rinse water shall be
l,ept clean-, and the final rinse cycle aclueves a utensil surfaCe tetnperar,]re of 160°F as nneasured by an irreversible
reQistenng temperature indicator; and water shall be maintained at not less than `ue ternDcratur es stated in sub-
subDaraLrams a. tlirouLyn e. below:
------a. Singit tank, Stationary- rack,.. dual- tempBZatnLe_nlachine:..._.--... ---- ._ —'
'Wash tempera ure 140°F.
Final rinse temperature 180°F. _
b. Single tank, stationary rack, single teinperarure machine:
«gashtehiueraiiire I65°r.-- — ----- --- .. _...---- . _- .-- --
Final rinse temperature 165°F•
c. Single tank, conveyor machine:
Wash temperature l 40T.
Fina] rinse temperature 180°F.
d. Multi -tank, conveyor machines:
Wash temperature I40T.
Pumped rinse temDe,-ature 160°F.
Final rinse temperarure 180°F.
e. Single tank, pot, pan, and utensil washer, either stauona-�' or moviac rdCl'.:
Slush temuerature 1140T.
Final rinse tempe%arure 180°1".
f. Final rinse temperatures in this subsection apply to ternperatures at the rinse manifold.
(c) Drying and handling - her sanitization; all equipment and utensils shall be air dried. Cleaned and sanitized
equipment and utensils and all single -service articles shall be handled in a way that protects there from contamination.
(d) Equipment and utensil storage - Cleaned and sanitized utensils and equipment and all single -service articles
shall be stored at least 6 inches above the floor in a clean, dry location in a way that protects them from contamination
by splash, dust and other means. The food -contact surfaces of fixed equipment shall also be protected from
c-ntammation. B#DlTlent and utensils shall not be placed under exposed sewer Imes. The storage of food eGuipinent,
utensils or §male -service articles in toilet rooms or vestibules isprohibited. - -- G. Sanitary Facilities and Controls.
(1) tiiattr supply - The water supply shall be adequate, of safe sanitary quality and f om an .approved source in
accordance with provisions air Chapters 62-550 and 62-555, F.A.C., or Chapter 64E-8, F.A.C. Not and cold runnina
Ovate; under pressure shall be provided in all areas where food is prepared and where eouiom5a- t and i-n-LJ6-use utensils
are wasbed.
(a) Transportation air water- All notable water not prm,ided directly by pipe to the food senjlce estabhsluLent
from the source shall be transported in a bulk water transport system and shall be deli +eyed to a closed water system.
(b) Bottled water - Bottled and packaged potable water shall be obtained %om a source t11ai complies with the
requirements of Sections 500.147(3) and (4), F.S.; and sbal] be handled and stored in a way that proiects it loin
contamination. Bottled and packaged potable water shall be dispensed from'the original container.
(C) Stea•'in - Stearn uSed in contact with food or Iood-Contact surtaces-sha_l It T_rbe'Irat- any-materlals-or-additives - -
__-___ other than those specified in Title 21; Code of Federal Regulations 173.310.
(d) Ice - Ice making machines shall utilize water ziom an approved-soutc and-sha�Je-construoted-located-------
installed; operated and maintained so as to prevent coniainivation of the ice. They shall be kepi clean and shall be
stored and handled in a sanitary manner.
- �.e-,-viii.. �-• .- ... - -
(2) St-weae disposal - Sewa v`s�ial7 be asposed of to a public sewerage systems other -amp system-. in in accordance with provisions of Chapter 64E-6 or 62-600; F.A.C., whichever is apniicable. Grease interceptors
��1�'=3C6m8£3b;T�er j Crus—t�nrr�<c chap h�s� an istallPd n accordarr=
with
provisions of Chapter 64E-6; F.A.C.; or the applicable plurnbing authority.
(3) Plumbing - Plumbing shall be sized; installed and maintained in accordance with provisions of the applicable
F)'2010-2011 18 J-035-IOamd
plumbing a.uthorily. The plu Thine shall providr adequate quantities of potabic ~,Fater to required location; throuehout
the tstabhshnnent, pmvent contamination of die wafer supp)y, properiy convey seu'aiae and liquid wastes from the
?Stabhshnlenf to Che systtIn: and shall nos comStitULC a source of contamination of food, equnDi aril Oi uLenSils
or -reale an un52nita7\' condition or nuisance.
he potable w'ater systt., shat bt installe-1 to pre.,iude tilt possibility of batt ion'. Devices shall
be installed and maintained l0 protect auainsi baclSOU' and haul: slphonaLt: a. all fixtures and equipment v,htre an air
map at least nvict the diameter of the water supply inlet is not provided bt[W.-etri the water suppiti infer and the fixture s
li ood levtl rani, A dose shall not be attached to a faucet unless a bEckf1mv prevennon dtvice is installed. Amy faucet
BOL1Dptdli a hose T_luini' Sllall bt prOteCted by a baciCJ041' prOtw?ion de81Ce.
(b) Drains - There shall bt no direct ccrinl -.u0n between the Sewerage system and any drains Orimlnatim-, fr Onl
eauipmeni iii ivhicb Iood, pOr [able eQui )nleni Or utensils are plactd, When a dlshwasilinL' machine i£ located vJlthin 5-
i_ -el Of a LraDDGG flUOr drallL tiles 61Shm'aS'llel waSlt UUilei iKILy be dlrecily LU tae Hiiet sid-, Of a i7iOper1\'
vented floor drain trap.
(A) Toilet facilities — Each food servio't estabiishment shall bt provided with adequate and conveniently located
tOilei faCililie"' 1`07, its employ,= acid Datrom in accordance with piOvislons of the applicable D)urribin- authorial' Or;
%vhtrt n0 uiumbin_g code has bet -n adopted locally, with Chapter 64--E-10, F.A.C. Food se—Dice establishments
constructed or extensively reinOdCled after the effective date of dais ai7iendm5ni are re9u]red 10 Comply with the
r equireinents Tor toilet facilities outlined above. Existing: se , o2 establishments must also meet the requirements
for toilet faciiiiies outlined above if Lhei'e is or !)as been a Su'icieni increase in tile. number OT seats or if the nature of
the food service Operation Chad°.'S such Bial additional toilet faoilitits would be nteded. Fix—Lures shall be of readily
clEanable sanitary desl-. Toilet facilities Shall be kepi clean; in good repair and free from ob)ertionable odors, Toilet
tissue shall be DrovidPd. Easily cleanable receptacles shall be Drovided for waste materials and suet receptacles in
toile: rooms for women shall be covered. Toilet rooms shall be completely enclosed and shall have tig�t-fit ing; self-
closing doors. Such doors shall not be leis open except dui-ing cleaning or maintenance. Handwashing signs shall be
posted in each toilet room used by employees.
(5) Hand -washing facilities - Each food se'1-i'ice establishment shall be provided with adequate, readily accessible;
conveniently ]coated lavatories equipped with hot and cold running water, hand cleansing soap or detergent and
individual single use sanitary towels or a heated -air hand drying devices in accordance -wltLh provisions of the
a-DT)hcable nlurnbing authority 0r; v,=e no plumbing code has been adopted locally, wadi Chapter 64E-10, F.A.C.
Handu'ashing facilities shall not be used for any purpose other than handwashing.
(a) Lavatories shall be located in or immediately acjacent to all toilet rooms. At least. one employee handv,'ashing
facility shall be located within each food preparation area.
(b) Employee handwashing facilities shall he installed in rooms or in areas vdlert niecllanical dishwashing
rlaonineS oD-_rate that arc lsolatBd
- (c) Lavatories, soap dispensers; hand -drying devices and all other components of the handwasiing facilities shall
be Lent clean and in good repair. Handwashing signs shall be posted at each handwashing iac?ll v.
(d) riot and cold running water under pressure shall be provided at all employee handivashing sinks.
(6) Garbage and rubbish disposal
(a) .kll garbage and rubbish contai-,ung food wastes shalt, pnOr to disposal; be kept in leakproof, nonabsorbent
containers wiiich shall be kept covered with ti Yat fitting lids; provided that suoh containers nerd not be covered when
stored in a special vermin nroofed room or in a closed food wasue refrigerator. Containers which do not have tight
ItLIn,yer_lin pr00r lids Il7aj' bt uSed Onl j' ii _garbage is ILS`. placed in. plastic bags Or a'ei-Stren ll page: t;ao_s V,'lu chi
are s, -curtly tied Closed. A11 odatr rubbish shall be stored in an approved nlantien The rOOmS, enClOSureS, areas and
COntainerS uSed shall be adeouate for the storage of all food wastes and r ubbiSh v7hiCh accuinula:.eS beiWeen periOd.S OI
rein Oval.
(b) .CarbaQeand refuse containers, compactors and dumpsttrs locat--d outside shall be stored on or abov = a smooth
surfa_-t Of nonabsorbent material such as concrete that is kept clean and maintained in vOOd repair. if a CorllpaCiOr
__._SYsteiIl 1$-uSed f01' -the storage--of-LarbagB,--and the garbageis_nOi stored.in-a self-cOniai-ned and Ical '�O_ $v$1em t- -
_p _ ._.r
Conizaotor shall ht placed on a cont: ere pad which is nl-aded t0 drain into a Sanita;-t' Sewer system,
(c) Adequate cleaning facilities Shall be provided and eacil container, room oi- area shall be thoroua ly cleaned
— after the em_ptyirg-or-reinoval _df-garbage an-dx bbish. -Waste lirater_frozr.such_cleaningr �pgrations sZiali pe disposed of
as sewage. rood waste grinders, if used; shall be Suitably constructed and shall be installed in accordance with
provisions of the applicable.plum'Ding authority. All ear loage and rubbish shall be removed from the food establishment
provisions of Chapter 62-701, TAL.
FY2010-201 1
19 1-035-10amd.
(7) Vermin control - Effective control measures shall be taken to protect against the entrance into the food
establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vernur.. Adl buildings
shall be effectively rodent -proofed, free of rodents and maintained in a rodent -proof and rodent -free condition. All
openings to the outside air, including windows, doors; slay ighis, transoms, male- anexfaust ducts shall t,e
effectively protected against the entrance of flies and other flying insects by self-closing doors which open outward,
closed windows, screening, controlled air currents or other effective means. Screening material shall not be less than
16 mesh to the inch or tquivalent and screens for windows, doors; skylights, 7an50ms and other Openinas t0 the
outside air shall be tight fitting and free of breaks. Insecticides or rodenticides, when used; Shail be used in full
compliance with Chapter 5E-14, -L. C.
H. Other Facilities and Operations.
�1) Fioor� The fico su faces in k:itdhtns acid -al] therooms and areas -in which food -is stored -or prepared, -utensils ----
are washed or stored; walk-in refrigerators, garbage and rubbish storage areas or rooms and toilet, dressing and ;locker
rooms shall be or smooth, nonabsorbent irlatenal and so constructed as to be easily cleanable. The use of anti -slip laor -
covering materials is pennitted in areas where necessary for safetyreasons. Floor drains shall be prOvided ill
_.. _--._.._. ____
accordance with provisions of the applicable plumbing authonry in all rooms where floors are subjected to flush o -
flood type cicanina Or where normal operations re]eas6 or discllarae water or other liquid waste onto file floor. Such
floors shall be graded to tl-fedtively drain. Mats or duckboards, if used, shall be so constructed as to facilitate being
easily cleaned and shall be kept clean. The floor Surlaces in ah h2tenOr and erteriOT areas where -food is Served Shall be
of such constniction and finish as to be easily cleanable. Ca Qtting, if used on floors of interior dining rooms, shall be
kept in Good repair and shall be cleaned by dustless methods. 4JI floors shall be kept clean and in _good repair.
Sawdust, wood shavings, peanut hulls and similar inaterials shall not be permitted On the floors of a r'OOd Service
establishment. In all new or extensivtly re=10deled establishments utilizing concrete, terrpzz0, cera-mic tilt Or S-"niiar
-
Mooring materials, the junctures between walls and floors shall be co'td and sealed. lnstalladon o exposed horizontal
utility lines and pipes on the floor is prohibited.
(2) ;Walls and ceilings - All walls and ceilings including doors, windows, skylights, screens and similar closures
shall be kept clean and in good repair. The walls of all food preparation, utensil washing and hand -washing rooms or
areas shall have smooth, easily cleanable surfaces and shall be washable up to the highest level reached by splash or
spray. Concrete or pumice blocks used for interior wall construction shall be fin shed and sealed to pro vide an easily
cleanable surface. Studs, joists and rafters shall not be lest exposed in walk-in refFigerating units, in food prtoaration or
washing areas or toilet roo-,zis. if exposed in other roo,-is or areas, the)' shal_i be suitably finished and all surfaces shall
be kemt clean and in good repair. Sheet metal; plastic or other covering materials, if used; shall be closed at all joints
and shall be sealed to the wall or ceiling. Acoustical materials may be used on ceilings, provided ventilation is
adequate to min mize grease and moisture absorption. Light fixtures, fans, hoods and other equimnitat and ,materials
attached to walls or ceilings shall be kept .clean. Exposed utility sen%ice lines and pipes shall be installed in a way that
does not obstruct or prevent cleaning of the walls and ceiling. Utility service lines and pipes shall not be unnecessarily
exposed on walls or ceilings in walk-in refrigerating units, food preparation areas; equipment washing and utensil
washing areas, toilet rooms and vestibules. V
(3) Lighting - Al areas in which food is stored or prepared, utensils washed or stored, toilet, dressing and locker
rooms, handwashi -2 areas and garbage and ribbish Storage areas shall be well lighted. At least 20 foot candles of light
shall be provided on all working surfaces and at least 10 foot candies shall be provided on all other Surfaces and
equipment in food storage, food preparation, utensil washing and handwashina areas and in toilet rooms. At least 10
foot dandles of light at a distance of 30 inches from the floor shall be required in dining rooms and all other areas
during cleaning operations. Effective shields, sleeves, coatings, or covers shall be provided for .ali artificial_ lighting
fixtures and infrared !leas lamps located over, by; or within food storage, 1Dreparation. and display facilities whtre food
is opened ortxposed:
(4) Ventilation - Ail rooms in which food is stored, prepared o; served, utensils are washed, toilet, dressing and
^--TiarbaQe storage areas sliall -bit well �tntilattd-Obnoxinus odors,-furries and vapors --shall =be lockerwellrooms
e ective[y vented to the outside air. l/entilation nooas and oevicts snail oe nesiMlen to prevent grease ane conaensate
from] dripping into food or onto food -contact surfaces. Filters;-wilare used, shall be readily removable for cltanina
urii�; ss�esi ? ed io be cleaned in place': Nlpm�tilation systems shall =complyWith-applicable fireprevention-rtquirements --
and shall discharge in such a planner as not to create a nuisance. intake and exhaust air ducts shall be maintained to
pr ler 6le tat a ar_� n* rims± flirt Pied athf=r non*alminarinQ materials
(5) Dressing rooms and lockers - Adequate facilities shall be provide or t e or er y storage o emp ogees
clothing and personal belongings. Vti1htre employees routinely change clothes within the establishment, one or more
F Y2010-201 1 20 1-035-1 Oamd
dressinE,, rooms or designated areas shall be provided foi this purpose. Such rooms or areas shall bc, located outside tihe
rood Stora_c preparailon and Seri.nL' areas and Lnensil washling and SLOrag`_ areaS. iockcrs or othe, su1S.,ble sLOraLr
facilities shalt be provided. Dressing- areas and lookers shall he kept clean and orderly. -
(6) Housekeeping - A11 parts of the esiablisamenr and its premises shall be kept neat, clean and rice of litter and
rubbish. Cleaning operations shall be conducted iii such a manner as to minimim contamination of food and Iood-
contact surfaces. Vacuum cleaning; wet citaninc! or other dustless methods shall be used for clsaning doors, walls and
ceilings; provided; that dust -arresting sweeping compounds and push brooms may be employed for floors. A11 such
cleaning; excspt emergency I100r cleaning, shall be done during periods when the least arnount of food 1s exposed.
staclh as afLsi closing: and betwEeih meals. At Jeasi one utii:,y s1Iih- or curbed cleaning facility with a floor drair shall be
provided and used Ior the cieaninC 01' MOPS 01 Similar Wei floor cleaning' tools and fo'' the dis-oCsal Of mop waLCiOi'
slnhrlar hquld wastes. The use of lavatories. utensil washingor e0uipnhenl A'astling', or food pr eDaratlm! SIIIl'S Io:' tills
.-1--a--h'ieun-.. fa r" ui,ti
Nro„t,1irj Sliu. v. „b -- ib' uupp v,.u. I— �nC
mold v"atz und-,'
pressure. Miiaintenance and cleaning tools Stich as oj-)Onls, mops., vacuuIIl Gleaners and Silni1ai enuinmeni shat) be
maintained and stored in a way that does no: contaminate food; utensils, equipment or linens and sihall be stored in an
or aerh marl, -ler. Soiled c)nt)hs, linens; aprons, roars and other uniforin apparel shall be hep; in suitable containers until
rcnmoved Ior laundering. Only articles necessary for the Operation and maintenance of the Iood Se7vhce estabhslim --nt
shall be stored on tine DremlSeS.
(7) Living Quarters - 74one of the operatlons connected vllth a food service establishlrient shall be conducted in
any rponi used as living or sleeping y'uar-i.e,S. There shall be no direr, opening bstwuen living quarters and a food
seri iiee establishment.
(9) Live birds and animals -No live birds or animals except for crustacea, shellfish and fish in aquariums shall be
ailoV.d m a food service establishment, in Vehicles used for uanSDOrting food or in any Other area Or facility used t0
cc)ndllct ?Ood service Dnerations; except as provided under Section Al 3.K P.S., and, further provlded, the iiVe'Di;dS
may be present in food sg.-vice areas ;where adequate emmneering controls Of the Ventilation syste n will _prevent
coutamlai atlon of the Iacillty, ei'"liplo-;'ees, or consumers.
(9) Premises - Food service estabhshfnents and all Darts of property used in connection with their operations shall
be kept free of litter. The walldng and driving surfaces of all exterior areas of food service establishments shall be
efleelively maintained so as to minimize dust. These surfaces shall be graded to prevent pooling of wate,.
(10) Laundry facilities - Laundry facilities in a food service establishment shall be restricted to the washing and
d:ying of linens, cloths, uniforms and aprons necessa-; to the operation. Laundry facilities -,nay be located in sto.ase
rooms containing only packaged foods Or single-se743e ite n5 or in separate,Ooim. u
I. required CCFP approved Food Safety Training
(1) All CCFP program managers shall have attended and received a cartiflcate or c rnpletion (or documented by
`2Liin'Q �i��] 7n Sheet' 0n12'CCPP -an17r OVed =00d Safe. ' t ali1L�� whlcll-oro ildes basic.?Zowlsdg OZ iDDd' i Ciec Dn-
— ) -
nractices in child care settings.
(2) All CCFP child care staff that purchase, prepare, and serve meals to children are strongly encouraged to attend
and receive a certificate of completion from a CCFP approved food safet<- training.
(3) New CCFP prog-am managers must receive required food safety t,-aining witain 3 mouths of deDa anent
approval for participation in the CCFP.
(4) attendance of required CCFP food safety training* must occur at least annually.
)'2010-2011 21 1-035-1 Oamd
(Pq_R1�2
XIDAftDn(,,P(�AATMF7�7[P1OF
H1 E 1 1
FY 2010-2011 CCFP Renewal
Checklist of Materials Required
SPONSOR OF AFFILIATED CHILES CARE CENTERS
Name of Ccntractar:c�Authorization Number: S — 7G
A. Please answer the following questions:
1. What is your organization's fiscal year end date? Month/Day: I /
2. Is your organization a non-profit entity or a non-federal governmental entity that expended
$500,000 or more in federal funds during its most recent fiscal year? Yes F-- No
B. Send the following materials and this checklist to your Program Specialist for approval.
Check (-V) if Enclosed
1. Budget (with red -line changes)
2. Supplemental Budget for Special Cost Items (applicable only if charging/expensing
a special cost item to the CCFP)
3. Management Plan
4. Contract with D.O.H. — submit both copies with original signatures
5. Delegation of Signing Authority (if applicable)
6. Board of Directors Certification (private, non-profit organizations only)
I certify that all the enclosed information is true and correct.
Signature of Board Chairman, President, Owner
or Delegated Authority C'W /6:,"4 `
C_ARLOS A. MIGOYA,
Printed Name
Date
CITY M.QNAGER
Title
fir VO lyse Qrriy
4gral S�grSature{Program calist�` Fate
Aper-ovai. ignatvre{Fte dquarters)
P.evised 5/2010 5-002-10
Authorization Number:
Delegation of Signing Authority
for the Child Care Food Program
To Whom it May Concern:
By means of this letter, 1; (the Delegating
Official, which is the Chairman of the Board, President or Owner), delegate the authority
herein described, to (my representative), on the following
terms and conditions:
1. My representative may sign, on my behalf, any documents pertaining to the Child Care
Food Program.
2. The designated effective date of this delegation is the date the checklist or contract is
signed, whichever date occurs earlier. The designated effective date of this delegation
shall then be effective until September 30, 2011 or until revoked by the delegating
official, whichever is sooner.
3. The authority delegated is not subject to sub -delegation without my prior and written
consent.
4. 1understand that this defecation does not relieve me. of responsibility to manage and
supervise operation of the Child Care Food Program, that I maybe liable for repayment
of funds received and that I may be subject to disqualification from future participation in
the Child Care Food Program should the terms of the contract with DOH for participation
in the Child Care Food Program not be fulfilled.
Acknowledged and agreed:
Signature (Delegating Official)
CARLOS A. MIGOYA, CITY MANAGER
Name and Title (Chairman of the Board,
President or Owner)
Date
Signature (Representative)
CHRISTINE LONG, DAY CARE ADMINISTRATOR
Name and Title
Date
Rev. 4/2010 1-132-05