HomeMy WebLinkAboutexhibit1Bureau of Child Nutrition Programs
Child Care Food Program
FY 2004-2005 CONTRACT
(Non -Pricing Program)
THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafter
referred to as the "Department," administering the United States Department of Agriculture (U.S.D.A.) Child
and Adult Care Food Program (CFDA# 10.558), codified in Florida atl. 383.011(1)(i), F.S.. and known as
the Child Care F-0od Program, and the organization known as `;.Ty °TR// M!
, providing services under program authorization number
hereinafter referred to as the "Contractor." This contract shall supersede all previous communications,
representations, or agreements, either verbal or written between the parties.
THE PARTIES AGREE:
I. THE CONTRACTOR AGREES:
A. To provide services in accordance with this contract and with governing state and federal law. The
Contractor further agrees to comply with state and federal Child Care Food Program rules, regulations,
policies, procedures and manuals used by the Department in its administration of the Child Care Food
Program, including but not limited to: 7 CFR Part 226; OMB Circular A-21, 'Cost Principles for Educational
institutions"; OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments'; OMB
Circular A-122, "Cost Principles for Non -Profit Organizations"; FNS Instruction 796-2, Revision 3; 7 CFR 3015,
'Uniform Federal Assistance Regulations"; and 7 CFR 3016, 'Uniform Administrative Requirements For
Grants And Cooperative Agreements To State And Local Governments."
B. To warrant that it will accept final administrative and financial responsibility for total Child Care Food
Program operations at all day care homes or child care centers. The Contractor shall complete an application
that shall include, but not be limited to, a listing of all centers or homes it represents.
C. To familiarize itself with and comply with the following governing law.
1. State of Florida Law
This contract is executed and entered into in the State of Florida, and shall be construed,
performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of
Florida. Each party shall perform Its obligations herein in accordance with the terms and conditions of this
contract and all applicable policies, procedures and manuals.
2. Federal Law
This contract is to effectuate the purposes of the National School Lunch and Child Nutrition
Acts as amended. The Contractor agrees that it will comply with title VI of the Civil Rights Act of 1964, title IX
of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination
Act of 1975 and all requirements imposed by the Regulations of the Department of Agriculture (7 CFR Part
15), Department of Justice (28 CFR Parts 42 & 50), and U.S.D.A. Food and Nutrition Service directives or
regulations issued pursuant to that Act and the Regulations, to the effect that no person In the United States
shall, on the grounds of age, sex, disability, color, race, or national origin, be excluded from participation In, or
be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which
the Contractor received federal financial assistance from the Department; and hereby gives assurance that it
will immediately take any measures necessary to effectuate thls agreement.
This assurance is given in consideration of and for the purpose of obtaining any and all federal
financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal
property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to
use federal property or interest in such property, or the furnishing of services without consideration or at a
nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient or in
recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or
any improvements made with federal financial assistance extended to the Contractor by the Department. This
includes any federal agreement, arrangement, or other contract which has one of its purposes the provision of
assistance such as food, food stamps, cash assistance for the purchase of food, and any other financial
assistance extended in reliance on the representations and agreements made in this contract.
By executing this contract, the Contractor agrees to compile data, maintain records and submit reports as
required to permit effective enforcement of the Civil Rights laws applicable to Food and Nutrition Service
programs and permit authorized U.S.D.A. personnel during normal working hours to review such records,
books and accounts as needed to ascertain Civil Rights compliance. If there are any violations of this
assurance, the U.S.D.A., Food and Nutrition Service, shall have the right to seek judicial enforcement of this
contract.
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D. Audits, Records, and Records Retention
1. In addition to any other requirements, to establish and maintain books, records, and
documents) in
e
ocedures a dl prracticeseCwhich sufficiently and aproperly creflect call rev e u esh erally accepted
expenditures of funds
provided by the Department under this contract.
2. In addition to any other requirements, to retain all client records, financial records,
supporting documents, statistical records, and any other documents (including electronic storage media)
pertinent to this contract for a period of three (3) years after expiration or termination of the contract, or if an
audit has been initiated and audit findings have not been resolved at the end of three (3) years, the records
shall be retained until resolution of the audit findings or any litigation which may be based on the terms of
this contract.
3, In addition to any other requirements, upon expiration or termination of the contract and at
the request of the Department, the Contractor will cooperate with the Department to facilitate the duplication
and transfer of any said records or documents during the required retention period as specified In Section I.,
Paragraph D.2. above.
4. In addition to any other requirements, to assure that these records shall be subject at all
reasonable times to inspection, review, or audit by federal, state, or other personnel duly authorized by the
Department. All Child Care Food Program records shall be maintained at the site at which the Contractor
provides program services or at the Contractor's sponsoring organization office as appropriate. Persons
duly authorized by the Department shall carry photo identification demonstrating their employment
relationship with the Department and shall present it upon request. The Department shall in its sole
discretion be authorized to take physical possession of any Child Care Food Program records, or equipment
containing such records and any other records maintained on equipment used in the Child Care Food
Program.
5. Persons duly authorized by the Department, and federal auditors pursuant to 45 CFR, Part
92.36(i)(10), shall have full access to and the right to examine any of Contractor's contracts and related
records and documents, regardless of the form in which kept, at all reasonable identification as tong
gtas re cordords
are retained. Persons duly authorized by the Department shall carry photo
employment relationship with the Department and shall present it upon request.
6. In the event that the Contractor is a not -for -profit organization or tna toe must gohavernmental
entity and expends $500,000 or more in Federal awards in its fiscal year,
the le
or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In
determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of
Federal awards, including Federal funds received from the Department. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,
as revised.
7. In connection with the audit requirements addressed in Section 1, Paragraph D.6, the
Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
8. If the Contractor expends less than $500,000 in Federal awards In its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event
that the Contractor expends less than $500,000 in Federal awards In its fiscal year and elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit
must be paid from non -Federal funds (i.e., the cost of such an audit must be paid from Contractor funds
obtained from other than Federal entities).
9. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Section I, Paragraph D.6, of this agreement shall be submitted by or on behalf of
the Contractor directly to each of the following;
a. Office of Inspector General
Florida Department of Health
4052 Bald Cypress Way, Bin #A-03
Tallahassee, FI 32399-1704
b. Bureau of Child Nutrition Programs
Florida Department of Health
4052 Bald Cypress Way, Bin #A-17
Tallahassee, FL 32399-1727
c. Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, IN 47132
Page 2 of 6
d. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and
(f), OMB Circular A-133, as revised.
E. Monitoring
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised, monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited
scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this
agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department. In the event the Department determines that an audit or a limited
scope audit of the Contractor is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the Contractor regarding such audit. The Contractor further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Department's Office of Inspector General or the State of Florida Comptroller or Auditor General.
2. In addition to any other requirements, to permit persons authorized by the Department to
inspect any records, papers, documents, facilities, and/or goods and services of the provider which are
relevant to this contract, and/or to interview any clients and employees of the Contractor. Any such
inspections or monitoring visits may be announced or unannounced and shall be made to assure the
Department of the satisfactory performance of the terms and conditions of this contract. Following such
evaluation, the Department will deliver to the Contractor a written report of its findings with regard to the
Contractor's performance of the terms and conditions of this contract. The Contractor will correct all noted
deficiencies identified by the Department within the specified period of time set forth in the Contractor's
corrective action plan as agreed upon by the Department. The Contractors failure to submit a corrective
action plan acceptable to the Department within required timeframes, and to correct noted deficiencies, may
at the sole and exclusive discretion of the Department, result in any one or any combination of the following:
(1) the Contractor being deemed in breach or default of this contract; (2) the withholding of payment to the
Contractor by the Department; and, (3) the termination of this contract for cause. Any deficiency
determination based upon allegations that the Contractor submitted or maintained false claims, records or
reports or other evidence of fraudulent conduct shall result in proposed termination from which the
Contractor may provide evidence to rebut the allegations or seek administrative review of the proposed
termination.
3. Any Contractor operating as a sponsoring organization as defined by 7CFR 226.2, shall
monitor its facilities and ensure their compliance with program requirements in accordance with USDA and
Department policies and procedures. Contractor personnel responsible for monitoring must carry photo
identification demonstrating their relationship to the sponsoring organization and present It upon request.
F. Indemnification
NOTE: This paragraph is not applicable to contracts executed between the Department and state agencies
or subdivisions, as defined in section 768.28, F.S., or between the Department and federal agencies or
sovereign American Indian nations.
1. The Contractor shall be liable for and shall indemnify, defend, and hold harmless the
Department and all of Its officers, agents, and employees from all claims, suits, judgments, or damages,
consequential or otherwise and including attorneys' fees and costs, arising out of any act, actions, neglect, or
omission by the Contractor, its agents, or employees during the performance or operation of this contract or
any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or
intangible property.
2. The Contractor's inability to evaluate liability or its evaluation of liability shall not excuse
the Contractor's duty to defend and indemnify within seven (7) days after such notice by the Department Is
given by certified mail. Only adjudication or judgment after highest appeal is exhausted specifically finding
the Contractor not liable shall excuse performance of this provision. The Contractor shall pay all costs and
fees related to this obligation and its enforcement by the Department.. The Department's failure to notify the
Contractor of a claim shall not release the Contractor of the above duty to defend.
G. Assignments and Subcontracts
1. The Contractor shall not assign the responsibility of this contract to another party. Any
such assignment, transfer, or sublicense shall be null and void.
2, The Contractor shall not subcontract for any of the work contemplated under this contract
without prior written approval of the Department. Any subcontract otherwise occurring shall be null and void.
e for all work
and
ll expenses
ncurred for
3. The Contractor shall obeamson behlalf of the Department.IftheaDepartmnt Vpermits the
implementing the Childontr Care Food Progscram the Contractor that into
Contractor to subcontract all or port of the
work
commoditiesated under
by the
including entering m o
subcontracts with vendors for servicesany
Department shall not be liable to the subcontractor for
the subcont acto�foraailitexpenses and liabilities
subcontract and the Contractor shalt/ be solely liable to
incurred under the subcontract, The Contractor, at Its expense, will defend the Department against such
claims.
givingdprior
4. The State of Floridaanother
at governmentalagencyageniclytlnDhe State of Floridassign or transfer a,uponrights, or
obligations under this conract to 9 of written notice to the Contractor. In s the5event
heFort ale/ workoperfarmedvandtrans
all fexpe see Cncuraed in
irr
obligations, the Contractor remainPonsiblelegal
connection with the contract. in additthto the obligations of the State of Florida.epresentatives of
the Contractor and of any legal entity that succeeds
H. Contractor as a Corporation
The Department recognizes that corporations may participate in the Child Care Food Program and
p of the United States and
that such entities are recognized Food Program aare fundsural persons. paid by the taxpayersDepartmenl also understands
thatr the funds for the d Cvere nature. The
ing
therefore subject to greater oversight than it the funds wererspin consideration on of he foregoing, in the provisions
its function, is akin to afiduciary allontractorlf of the s organized as corporations which stock is not publicly traded.
of this section shall apply
During the term of this agreement, if more than fifty percent (50%) of the stock of the Contractor
corporation is sold, transferred or otherwise conveyed, this contract shall terminate. Prior to such
termination, the Contractor and/or the prospective majority stockholders may apply to the Department for
participation in the program. The Department shall receive and process such application pursuant to its
established policies and procedures. This
agreement and
form of the privilege
of participating in this program is not
any subject to sale, assignment, transfer, or
e.
1. Return of Funds
To return to the Department any overpayments due to unearned funds or fundspolicies, pre pu Esant
t
to the terms of this contract or applicable state or federal law, rules, regulations,
auditor discovers that an overpayment has been made, the Contractor
manuals, that are used by the Department in its administration of the Child Care Food Program. In the event
that the Contractor or its independentda s of such discovery. In the event that the
shall notify the Department by certified mail within five (5) y the
Department first discovers
shallt has be been made, the made pursuant to the Department's ntstyinstcons 1orby
the
letter of such a finding.lRepayment law; such
Contractor and shall include interest ts srandia contractor's eipayment 1a the Departmenions t include but are not
limited to a sponsor's payment to
J. Disallowance of Payment for Program Meals with
In the event the Department discovers, prior to payment, the Contractor's failure to comply
record keeping requirements pertaining 10 records directly su pp tisgh claims
dsfor
Re reimbursement,that the
Department shall disallow payment for any meals not sups
claims for reimbursement include, but are
eco not
limited
ato,
free
ees edr eluded price income eligibility forms, daily
meal counts, menu records, enrollment r
K, Independent Capacity of the Contractor
es
he
1. In performance of this is salelyit is greed eeen the l able bar the performanlce of athat
llttasksocontemplated
ntractor is an
independent Contractor and that the Contractor
by this contract, which are not the exclusive responsibility of the Department.
2, The Contractor, its officers, agents, employees, or subcontractors in performance of this
contract, shall act in the capacity of an independent
ent Contractor
andothenot s t as an at it officer,
employee,
tor agent of
e
the State of Florida. Nor shall the Contractorrepresent
Department unless specifically authorized to do so.
Paae 4 of 6
3. Neither the Contractor, its officers, agents, employees, nor subcontractors, are entitled to
state retirement or state leave benefits, or to any other compensation of state employment as a result of
performing the duties and obligations of this contract,
4. The Contractor agrees to take such actions as may be necessary to ensure that each
subcontractor of the Contractor will be deemed to be an independent Contractor and will not be considered
or permitted to be an agent, servant, joint venturer, or partners of the State of Florida.
L. Training and Security
The Contractor agrees to attend all meetings and training sessions required by the Department.
The Contractor agrees to maintain any and all records, documents, forms, reports, and information, in
whatever form, confidential and secure as required by Florida and federal law.
M. Non -Pricing Policy
The Contractor agrees that all children in attendance at sites listed on the Site Information Form
and/or Provider Information Form, are offered the same meal at no separate charge regardless of race,
color, sex, age, national origin, or disability, and there is no discrimination against any child in the course of
the meal service based on race, color, sex, age, national origin, or disability. The Contractor agrees to keep
confidential from family day care home providers the identity of Tier I or Tier II eligible recipients and income
information pertaining to individual households. The Contractor agrees to limit access to eligibility
information to persons directly connected with the administration and enforcement of the Child Care Food
Program.
II. THE DEPARTMENT AGREES:
A. To reimburse the Contractor for meals and other allowable costs as further provided in applicable
regulations, policies, procedures or manuals. Claims for reimbursement not filed with the Department within
60 days after the close of the month in which the claim was incurred shall be disallowed except where a
claim for reimbursement has been filed late because of audit adjustments. The Department rnay, at its sole
discretion and with any necessary approval from U.S.D.A., grant an exception to this requirement.
•
B. Should the Contractor violate any terms of this agreement, or any Child Care Food Program
policies, procedures, or manuals, or the rules, regulations and laws governing the program, and as a result,
the Department acts to withhold funds or to restrict or terminate the Contractor's participation in the program,
the Contractor shall be accorded a procedure to appeal the Department's determination.
THE DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on October 1, 2004 or on the date on which the contract has been signed
by bth parties, Theo
con act shall iGexpi e ishever on tSeptembe 30, 2005 and mayer or at the discretion of the beerenewed upursuant ant to section toprocedures and
requirements established by the Department.
B. Termination
1. Termination at Will
This contract may be terminated by either party without cause upon no Tess than thirty (30)
calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by
both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable, the Department may
terminate the contract upon no less than twenty-four (24) hours notice in writing to the Contractor. Said
notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The
Department shall be the final authority as to the availability and adequacy of funds.
In the event of termination of this contract for reasons III. B. 1 or 2 above, the Contractor will be
compensated for program costs lawfully incurred prior to notification of termination.
3. Termination for Cause
The Department may terminate this contract for cause for the Contractor's noncompliance
with any provision of this contract or for any of the serious deficiencies identified, but not limited to, those in
Attachment 1.
C.
Enforcement
If any term or provision of the contract or of any Child Care Food Program policies, procedures, or
manuals is found to be illegal or unenforceable, the remainder of the contract shall remain in full force and
effect and such term or provision shall be stricken.
Venue
Venue for any action arising from the terms of this contract shall be in Leon County, Florida,
including but not limited to any administrative hearings afforded a contractor pursuant to state or federal law.
I have read the above contract and understand each section and paragraph.
this 6-page
and its
ject
IN WITNESS THEREOF,Attachmehe ni 2�Ies hereto have t be executed by their ed undersigned official rastduly authorized.
CONTRACTOR:
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
Signature of Chairman of the Board, President, Philip E. ReevesChief, Bureau of Child Nutrition Programs
Owner or Delegated Authority
Printed Name:
Title:
Date:
Date:
Authorization Number
C;rr d/hf, #01, 4gi r iifee eArri4 1 Ef'T
(Name of Organization)
int if S•4J .? /¢l/EwuE '
(Address)
fr/.1-011five/GA( ,3,.3/3
{City, State, Zip)
r_v '7nnA
Page 6 of 6
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