HomeMy WebLinkAboutExhibit 8' Completing the Certification Statement Regarding Business Integrity and
Publicly Funded Program Compliance
The following documents are attached and are also in your application packet for your use:
Form #
Attached
Form Name
What to Do with It
#1
Certification Statement
Regarding Business Integrity
and Publicly Funded
Program Compliance
Contractor completes this form based on
information received from principals*.
Return to DOH with your application
package.
#2
Sample Letter to Principals*
Provide to principal* (with the Principal
Attestation Form) for them to complete
w/their information.
#3
Sample Principal Attestation
Form
Provide to principal* to complete and return
to contractor
*"Principal" means any individual who holds a management position within, or is an officer of a CCFP
contractor or sponsored affiliated center. "Principal" includes all members of the CCFP contractor's board
of directors or the sponsored affiliated center's board of directors. Examples of principals are the center
director, center owner, Chairman of the Board and all board directors, and CCFP program manager.
Step 1.
Step 2.
Have principals of the CCFP contractor complete the Sample Principal Attestation Form
(Form #3). Attach to Letter to Principals (Form #2) if necessary.
Based on information returned, ensure that each principal has not:
• been a principal in an organization participating in a publicly -funded program that has
been ruled ineligible as a result of violating that program's requirements during the past 7
years. "Publicly funded program" means any program or grant funded by the Federal,
State, or local government.
• been convicted of a business -related offense during the past 7 years. A business -related
offense includes fraud, antitrust violations, embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, receiving stolen property,
making false claims, obstruction of justice, or any other activity indicating a lack of
business integrity.
And:
• Are not on the Child Care Food Program's National Disqualified List.
Step 3. Complete the Certification Statement Regarding Business Integrity and Publicly
Funded Program Compliance (Form #1).
• Include on the form a list of all publicly funded programs (federal, state, or local funded)
that the CCFP contractor and its principals have participated in the past 7 years.
• Have the form signed by the Chairman of the Board, Governing Official or delegated
authority (the person authorized to sign contracts for your organization).
• Submit Form #1
Keep the letterslinformation from your principals on file for 3 years plus the current year.
1-031-03
LETTER TO PRINCIPALS
(Board members, managers, and supervisors of organizations
participating in the Child Care Food Program)
(Form #2)
As you know, the city of Miami participates in the Child Care
OrganizationlCCFP Contractor
Food Program (CCFP). In recent years, the CCFP experienced problems with financial accountability
and Program integrity that received National media coverage and generated congressional calls for
Program changes. As a result, Congress passed Public Law 106-224, the Agricultural Risk Protection
Act (ARPA), which mandated a number of changes to Program eligibility for organizations like ours.
The pertinent changes included:
• A requirement that no organization can participate in CCFP if, during a period of time specified
by the United States Department of Agriculture (USDA), the organization had been ruled
ineligible to participate in another publicly -funded (i.e., Federally, State, or locally -funded)
program due to its violation of program requirements.
• A requirement that USDA establish rules relating to the ineligibility of organizations that
engage in unlawful practices or have a criminal background; and
• A requirement that USDA establish a National list of organizations and individuals disqualified
from CCFP as a result of Program violations during a period of time defined by the
Department.
In order to implement the above requirements, USDA established a number of new regulatory
requirements:
• As part of contractor application and re -application to participate, CCFP contractors must
provide certifications concerning the past performance and criminal convictions of their
organization and its "principals". USDA has included "principals" in this requirement because it
believes that an organization's performance and accountability is best assessed with reference
to the people who manage and oversee the organization. The regulations define "principals"
as all managers and supervisors in the CCFP contractor, as well as any members of the
CCFP contractor's governing board of directors, or similar body.
• Certifications must attest to the performance of the organization and its principals during the
preceding seven (7) years.
• C'ertifications must elicit information about business -related criminal convictions. Please note
that criminal convictions do not include civil judgments or indictments that did not result in
convictions. The regulations provide a list of such business -related offenses that includes
fraud, forgery, theft, making false statements, claims falsification, destruction of records,
bribery, embezzlement, receiving stolen property, obstruction of justice, and antitrust
violations.
• As part of its Program application or re -application, each CCFP contractor must provide
identifying information concerning the chairperson of the CCFP contractor's board of directors
and its executive director, or individuals in comparable positions. On advice of its attorneys,
the USDA elected to use date of birth as the identifying information for the individuals. This
will enable Federal and State officials reviewing the National Disqualified List to differentiate
between individuals with similar or identical names on the basis of their dates of birth.
3
PRINCIPAL ATTESTATION FORM
REGARDING BUSINESS INTEGRITY AND PUBLICLY FUNDED PROGRAMS
(To be completed by principals and maintained in CCFP contractor office)
(Form #3)
Any principal of a Child Care Food Program (CCFP) contractor or a sponsored affiliated center
participating on the CCFP must complete this form. "Principal" means any individual who holds a
management position within, or is an officer of a CCFP contractor or sponsored affiliated center.
"Principal" includes all members of the CCFP contractor's board of directors or the sponsored
affiliated center's board of directors.
During the past seven years, if you were employed as a supervisor or manager by any public or
private organization that participated in a publicly -funded program, or if you were a member of a
governing board or similar body of any public or private organization that participated in a publicly -
funded program, please list the name of the organization, the name of the publicly -funded program,
your job title, and the years of your association with the organization/program:
Name of Organization
Name of Program
Job Title
Years
Employed
N/A
N/A
N/A
N/A
For each of the following questions circle one answer:
have / ave notbeen a principal in an organization participating in a publicly -funded
program a as been ruled ineligible as a result of violating that program's requirements
during the past 7 years.
• I have / ave no been convicted of a business -related offense during the past 7 years. A
business -related offense includes fraud, antitrust violations, embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, receiving stolen
property, making false claims, obstruction of justice, or any other activity indicating a lack of
business integrity.
n the Child and Adult Care Food Program's National Disqualified List.
Printed Nam c2.2---Ae r yv, 4.
Signature: `'�''`�d � `` Date: 0/ 0/66
See Xaditional Ciy Signatures Attached
NOTE: Any organization or individual that provides false information on this form will be
subject to applicable civil or criminal penalties and will be placed on the National Disqualified
List.
5
1-031-03
Authorized pursuant to City of Miami City Commission Resolution
No. adopted , 2006.
City of Miami, A Florida
Attest: municipal corporation
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
Approved as to Insurance Approved as to Form
Requirements and Correctness
LeeAnn Brehm Jorge L. Fernandez
Risk Management Director City Attorney