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HomeMy WebLinkAboutagreementAgreement Number. 04- FLORIDA DEPARTMENT OF EDUCATION DIVISION OF SUPPORT SERVICES FOOD AND NUTRITION MANAGEMENT SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AGREEMENT INSTRUCTIONS: (1) Return two copies of this agreement with original signatures prior to the beginning of the program to Food and Nutrition Management, Summer Food Service Program. 325 West Gaines Street, Room 1032, Tallahassee, Florida 32399-0400. (2) When the agreement is approved, one copy will be returned to the Sponsor. . In order to effectuate the purposes of the Summer Food Service Program for Children, the Florida Department of Education (hereinafter referred to as the "Department') and the sponsor whose name and address appear on the Application for Participation (SFSP-F1) (hereinafter referred to as the "Sponsor) acting in behalf of each site listed on the Site Information Sheet, (SFSP-F2), covenant and agree as follows. A. The DEPARTMENT AGREES TO THE extent of funds available from USDA, it shall reimburse the sponsor in accordance with applicable requirements and regutations of the Summer Food Service Program for Children. and any amendments thereto. 1. In connection with meals served to children only at approved sites during any fiscal year for sponsors approved to operate the Summer Food Service Program. 2. The amount of operational reimbursement for meals shall not exceed the lesser of: (a) An amount equal to the total number of meals, by types, multiplied by the rates assigned by the Department or (b) Actual operating costs incurred by the sponsor.. 3. The amount of administrative reimbursement for meals shall not exceed the lesser of: {a) An amount equal to the total number of meals, by types, multiplied by the rates assigned by the Department, (b) Actual administrative costs incurred by the sponsor.. or (c) An amount estimated in the sponsor's approved administrative budget. 4. Program income accruing to a sponsors program shall be deducted from either operating or administrative costs. whichever is applicable, before a comparison is made with the maximum rates and the administrative budget B. The SPONSOR. being the authority for supervision and control over the program warrants that, it accepts final financial and administrative responsibility for the program and that it will: 1. Operate a nonprofit food service for children on school vacation during the months of May through September or during the months of May through September and at some other lime or times during the year for children on school vacation under a continuous school calendar system; 2. For school food authorities. offer meals which meet the requirements and provisions set forth in 7 CFR 225 during times designated as the meal service periods by the sponsor, and serve the same meals to all children; for all other sponsors. serve meals which meet the requirements and provisions set forth in 7 CFR 225 during times designated as the meal service periods by the sponsor, and serve the same meal to all children; 3. Serve meals without cost to al! children, except that carnps may charge for meals served to children who are not eligible for free or reduced price school meals; 4. issue a free meat policy statement in accordance with 7 CFR 225; 5. Meet the training requirements for its administrative and site personnel, as required under 7 CFR 225; 8. Claim reimbursement only for the type or types of meals specified in the agreement and served to cfhed en at approved sites during the approved meal service period: except that camps shall claim reimbursement only for the type or type:, of meals specked in the agreement and served without charge to children who meet the Program's income standards ESE 198 SFSP- 3 C. D. Name of Sponsor_ Address: 7. Submit claims for reimbursement on a form provided by the Department in accordance with procedures established by the Department 8_" Maintain, in the storage. preparation, and service of food, proper sanitation and health standards in conformance with all applicable state and local laws and regulations; 9. Accept and use, in as large quantities as may be efficiently utilized in the program, such foods as may be offered as donated by the Department; 10. Have access to facilities necessary for storing, preparing and serving food; 11. Maintain a financial management system as prescribed by the Department 12. Maintain on file documentation of site visits and reviews in accordance with 7 CFR 225; 13. Maintain full and accurate records of all program operations under this agreement. Upon request make all accounts and records pertaining to the 'program available to state, federal, or other authorized officials for audit or administrative review, al a reasonable time and place. Such records shall be retained for a period of three years after the end of the fiscal year to which they pertain, except that. if audit findings have not been resolved, the records shall be retained beyond the three year period as long as required for the resolution of any issues raised by the audit 14. Maintain children on site while meals are consumed. The Sponsor hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88352, 42 U.S.C. 2000d et seq.) and all requirementsimposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50), and FNS directives or regulations issued pursuant to that Act and the regulations; totire-effect that, no person in the United States shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives 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 furls; reimbursable expenditures; grant or donation of federal property and interest in property, the detail of ieierat personnel; and the sale and tease 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 thepublic interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the Department This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. By accepting this assurance, the sponsor agrees to compile data. maintain records. and submit reports as required, to permit effective enforcement of Title VI and permit authorized USDA personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with Title VI. If there are any violations of this assurance, the Department of Agriculture, Food and Nutrition Service. shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the sponsor, its successors, transferees, and assignees as long as they receive assistance or retain possession of any assistance from the Department The person or persons whose signatures appear below are authorized to sign this aes,rrance on the behalf of the sponsor. The terms of this -Agreement and the detailed information contained on the Application for Participation (SFSP-F1), and the Site information Sheets_ (SFSP-F2), which shall be considered a part of this Agreement, shall not be modified or changed in any way other than by consent in writing of both parties hereto. (Continued on Reverse) DOE Page 1 of 2 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AGREEMENT E. This Agreement may be renewed annually by the Department and the Sponsor by mutual agreement in writing. Renewal will be contingent on the Sponsor meeting program requirements in this Agreement and those outlined in part 225 of the Code of Federal Regulations and other pertinent instructions from the Department or the United States Department of Agriculture and shall pertain to programs under Sponsors jurisdiction that have submitted annual applications and., said applications have been given Department • approval. • F. This Agreement may be terminated upon 15 days written notice on the part of either party hereunto, and the Department may terminate this Agreement immediately after receipt of evidence that the terms and conditions of this Agreement and of the regulations governing the program have not been fully complied with by the Sponsor. Any termination of this Agreement by the Department shall be in accord with applicable laws and regulations. No termination or expiration of this Agreement, however,' shall affect the obligations of the Sponsor to maintain and retain records and to make such records available for audit Termination of this Agreement for noncompliance with Title VI of the Civil Rights Act of 1964 shall be in accordance with applicable laws and regulations. G. The Department may take such ac io . statutes' or initiate a reclaim, if any part action, is diminished, lost, misapplied. shall .remain in effect for the-applicabl: termination of the Agreement H: •The Department shatt inform the Sports which affect the participation of a spons I. It is understood and agreed by and be the regulations of the United States D Regulation number 225, attached, are sites are to abide by all of the condition .1 including prosecution for fraud under applicable state and federal rf the money received by the Sponsor. through improper or negligent r diverted from the program. This liability on the part of the Sponsor aeriods or limitations as called for by law after the effective date of of its right to request a review of decisions made by the Department in the program or the Sponsor's claim for reimbursement. teen the Department and the Sponsor, whether public or private. that (iartment of Agriculture relating to the Food and Nutrition Services. ade a pan of this Agreement and that the Department. Sponsor, and and terms set forth in the regulations. . CERTIFICATION AND APPROVAL SPONSORING AGENCY Sponsor County My signature certifies that the information submitted on this form and its attachments is true and correct. t am aware that deliberate misrepresentation or withholding of information may result in prosecution under applicable state or federal statutes. Signature and Title of Authorized Representative Date: FLORIDA Recommended for Approval by: PARTMENT OF EDUCATION Administrator, Food and Nutrition Management Period of Agreement: If From: Approved By: To: Date: Commissioner of Educa (in or Designated Representative Date: ESE 198 SFSr-F"s (Both copies must have original signatures) DOE Page 2 or 2