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HomeMy WebLinkAboutexhibit2MAR--01-05 11:05 AM PARKS.DAY.CARE 305 660 3311 P.02 [HEALTH1 Bureau 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 at s. 383.011(1)(i), F.S., and known as the Child Care Food Program, and the organization known as CITY OF i/1_1 5_'76 , providing services under program authorization number 5� 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: 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, polices, 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 wit accept final administrative and financial responsibility for total Child Care Food Program operations at ail 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 at 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 Ad 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 this agreement. This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use federal property or interest in such property, or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient or In recognition of the public Interest to be served by such sale, lease, or furnishing of services to the recipient, or any Improvements made with federal financial assistance extended to the Contractor by the 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, end 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 FY 2004 - 2005 Page 1 of 6 MAR-01-05 11:06 AM PARK$.DAY.CARE 305 860 3811 P. 03 1. in addition to any other requirements, to establish and maintain books, records, and documents (including electronic storage media) In accordance with generally accepted accounting procedures and practices which sufficiently end property reflect all revenues and 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 an 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 ail 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 Contactor 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 10 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 times for as long as records are retained. Persons duly authorized by the Department shall carry photo identification demonstrating their 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 non-federal governmental entity and expends $500,000 or more in Federal awards in Its fiscal year, the Contractor must have a single 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 swards 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 0.6, the Contractor shall fulfill the requirements relative to audilee 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 entitles]. 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, I.132399-1704 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. 10* Street Jeffersonville, IN 47132 FY 2004 — 2005 Page 2 of 6 MAR-01-05 11:08 AM PARKS,DAY.CARP 305 860 3811 P.04 d. Other Federal agencies and pass•Ihrough entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. E. Monitoring 1. In addition to reviews of audits conducted In accordance with OMB Circular A-133, es 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 deemed appropriate by the Department, In the event the Department determines tt an audit or procedures/processes ted 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 wilt 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 Contractor's failure to submit a corrective action pion 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 defauf 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. IndemnlficaVon NOTE: This paragraph Is not applicable to contracts executed between the Department and state agencies or subdivisions, as defined in section 766.28, 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 ail 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 Contractors 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 mall. Only adjudication or judgment after highest appeal is exhausted specifiically 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 shalt 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. FY 2004 — 2005 Page 3 of 6 MAR-01-05 11:09 AM PARKS.DAY.CARE 305 860 3811 P.05 3, The Contractor shall be responsible for all work performed and al! expenses Incurred for implementing the Child Care Food Program on behalf of the Department. If the Department permits the Contractor to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it Is understood by the Contractor that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the Contractor shall be solely liable 10 the subcontractor for all expenses and liabilities incurred under the subcontract, The Contractor, at Its expense, will defend the Department against such claims. 4. The State of Florida shall al 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 fn connection with the contract, In addition, this contract shall bind the successors and legal representatives of the Contractor and of any legal entity that succeeds to the obligations of the State of Florida. H. Contractor as a Corporation The Department recognizes that corporations may participate in the Child Care Food Program and that such entities are recognized under Florida taw as natural persons. The Department also understands that the funds for the Child Care Food Program are funds paid by the taxpayers of the United States and therefore subject to greater overnight than if the funds were private in nature, The Department, in performing Its function, Is akin to a fiduciary on behalf of the taxpayers. In consideration of the foregoing, the provisions of thls section shall apply to all contractors organized as corponatlons which stock is not publicly traded, 'During the term of this agreement, If more than flay 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 the privilege of participating in this program is not subject to sale, assignment, transfer, or any other form of conveyance. I. Realm of Funds To return to the Department any overpayments due to unearned funds or funds disallowed pursuant to the terns of this contract or applicable state or federal law, rules, regulettons, policies, procedures or manuals, that are used by the Department In its administration of the Child Care Food Program. In the event that the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall notify the Department by certified mall within five (5) days of such discovery. In the event that the Department first discovers an overpayment has been made, the Department will notify the Contractor by letter of such a finding, Repayment snail be made pursuant to the Department's instructions to the Contractor and shail include Interest as required by federal law; such Instructions may include but are not funned to a sponsor's payment to centers end a contractor's payment to the Department. J. Disallowance of Payment for Program Meals In the event the Department discovers, prior to payment, the Contractor's failure to Comply with record keeping requirements pertaining to records directly supporting claims for reimbursement, the Department shall disallow payment for any meals not supported by such retards. Records that support Balms for reimbursement include, but are not limited to, free and reduced price Income eligibility forms, dairy meal counts, menu records, enrollment records, and attendance records. K. independent Capacity of the Contractor 1. In performance of this contract, ft is agreed between the parties that the Contractor Is an independent Contractor and that the Contractor Is solety liable for the performance of all tasks contemplated by this contract, which are not the exclusive responsibility of the Department. 2. The Contractor, its officers, agents, employees, or subcontractors In performance of this contract, shall act in the capacity of an independent Contractor and nol so an officer, employee, or agent of the Stale of Florida. Nor shall the Contractor represent to others that it has the authority tc bind the Department unless specifically authorized to do so. FY 2004 - 2C05 Page 4Of6 In Uro 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 wtth proof of delivery. The Department shall be the final authority as to the availability and adequacy of funds. in the event of termination of thls contract for reasons M. B. 1 or 2 ebove, the Contractor will be compensated for program costs lawfully incurred prior to notification of termination, MAR-01--05 12:54 PM PARKS.DAY.CARE 305 860 3811 P„02 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 stale 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 wit 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 -Pacing 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. It, 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 may, 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 Contractors participation in the program, the Contractor shall be accorded a procedure to appeal the Department's determination. III. 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 both parties, whichever is later or at the discretion of the Department, pursuant to section 226.11, 7 CFR. The contract shall expire on September 30, 2005 and may be renewed pursuant to procedures and requirements established by the Department. 8, 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 wrtting to the other party unless a lesser lime 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. FY 2004 — 2005 Page 5 of 6 MAR--01-05 12:55 PM PARKS.DAY.CARE 305 860 3811 114‘4 \1/4", (.19 P.03 ATTEST: rs Y : 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 Attachrent 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. D. Venue Venue for any action arising from the terms of this contract shalt 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. IN WITNESS THEREOF, the parties hereto have caused this 6-page contract and Its subject attachments, Attachment 1 and Attachment 2, to be executed by their undersigned official as duly authorized. C• �' CTO Pri OF 1.1 MI re of Chairman of the Boar, , President, or Delegated Authority ARRIOLA, ed Name: CITY MANAGER Title: SEP 3 0 ?Q04 Date: 0576 STATE OF FLORIDA DEPARTMENT OF HEALTH: Philip E. Reeves Chief, Bureau of Child Nutrition Programs Date: 114/ ice/ Authorization Number CITY OF MIANI CHILD CARE PROGRAMS +;Name of Organization) P.O. BOX 330708 (Address) +lIAidI, FLORIDA 33233-0708 (City, State, Zip) P ici11a A:- 'Thompson City Clerk APPROVED AS T'! FOi i4 AND CORRECTNESS: ORGE L . FERNANDEZ , CITY ATTORNEY APPROVED AS It •:INSURAN REQ0IREMENI / g•Ye firDANIA F. CARRILLO, ADMINISTRATOR R SIC MANAGEi1E1` 1-036.04 FY 2004 — 2005 Page 6of6