HomeMy WebLinkAboutExhibitBureau of Child !nutrition Programs
Child Care Food Program
FY 2OO7 2008 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 (USDA) 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 identified as the Contractor on page 7 of this contract. This contract shall supersede all
previous communications, representations, or agreements, either verbal or written between the parties.
THE PARTIES AGREE:
1. THE CONTRACTOR AGREES:
A. To provide services it accordance with this contract and governing state and federal law, and to comply
with any state or federal rules, regulations, instruction:., f c icier procedures and ma :uals used by the Department in
its administration of the Child Care Food Program (CCFP).
B. To warrant that it will accept final administrative and.financial responsibility for total Child Care Food
Program operations govemed by this contract. The Contractor shall complete an application that shall Include, but
not be limited to, a'Iist of all locations at which it will operate or sponsor the operation of the Child Care Food
Program.
C. To familiarize itself with and comply with the following:
1. The terms and conditions of this contract, including Attachments I, 2 and 3 to this contract and all
applicable rules, 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 respects in accordance with the laws,'rules, and regulations of the State of Florida.
3. Federal Law
a. All federal Child Care 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 Part 226, "Child and Adult Care Food Program"; Office
of Management and Budget Circular A-21, "Cost Principles for Educational Institutions"; Office of Management and
Budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments"; Office of Management and
Budget Circular A-122, "Cost Principles for Non -Profit Organizations"; Office of Management and Budget Circular A-
133, 'Audits of States, Local Governments. and Non -Profit Organizations"; USDA Food and Nutrition Service
Instruction _796-2,. Revision. 3,; - Title :.7 . Code. of: Federal Regulations Part 3015, "Uniform..Federal. Assistance:..::.:
Regulations"; and Title 7 Code of Federal Regulations Part 3016, "Uniform Administrative Requirements For Grants
And Cooperative Agreements To State And Local Governments," and Title 7 Code of Federal Regulations Part 3052,
"Audits of States, Local Governments, and.Non-Profit Organizations." and the following Department manuals and
guides 'as applicable: the Procedure Manual for Sponsors of Unaffiliated 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 Financial Management Guide; A 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 Afterschool Snack Program;
Prospective Contractor Training for the Homeless Children Nutrition Program; Sponsor Oversight Responsibilities for
Sponsors of Day Care Homes; Sponsor Oversight Responsibilities for Sponsors of Unaffiliated Child Care Centers;
Sponsor Oversight Responsibilities for Sponsors of Afterschool Snack Programs; and Sponsor Oversight
Responsibilities for Sponsors of Homeless Children Nutrition Programs. The Contractor expressly acknowledges that
the remedies provided herein under federal law are to the exclusion of any potential remedies pursuant to Chapter
120, Florida Statutes.
b. This contract is lc effectuate the purposes of the National School Lunch end Child Nutrition Acts,
as amended. The Contractor agrees that it will comply with title Vl of the Civil Rights Act of 1964, as amended, title
IX of the Education Amendments of 1972, as amended, Section 504 of the Rehabilitation Act of 1973, as amended,
the Age Discrimination Act of 1975, as amended, and all requirements imposed by the regulations of the U.S.
Department of Agriculture (Title 7 Code of Federal Regulations Part 15), the U.S. Department of Justice (Title 28
SEP 20 2007 7:46AM HP LASERJET 3200
Code of Federal Regulations Parts 42 & 50), and the USDA 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 tor 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 Departinent. 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.
c. If reimbursements paid to the Contractor exceed $100,000, the Contractor shall comply with all
applicable standerds,•orders, or regulations issued under §306 of the Clean Air Act; as amended (42 U.S.C. 1857(h)
el seq.), §508 of the Clean Water' Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15): The provider shall report any videtions of the above
to the department. If reimbursements paid to the Contractor exceeds $100,000, the Contractret.execution of this
contract shell serve as its certification that It will not and has not used' Child Care Food Program funds to pay any
person or organtzation for influencing or attempting to influence an officer or employee of any'agency, a member of
Congress, officer or employee of Congress, or an employee. of a member of cengress In connection with this
contract pursuant to Title 31 United States Code §1352 •
d. The. Contractor shall not employ unauthorized aliens. The Department shall consider employment
of unauthorized aliensa violation of §§274A(e) of the Immigration and Naturalization Act. Such violation shall be
cause for unilateral cancellation of this contract by the Department.
e. The Contractor shall comply with the Pro -Children Act of 1994, Public Law 103-277, which requires
that smoking not be permitted in any portion of any indoor facility used for the provision of federally funded services
including health, child care, early childhood development, education or library 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 penalty of up to $1,000 for each violation and/or the Imposition of an administrative compliance order on
the responsible entity.
f. By executing this contract, the Contractor agrees to compile data, maintain records and submit
reports es required to permit effective enforcement of the Civil Rights laws applicable to Food and Nutrition Service
proararns and permit authorized USDA 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 USDA
Food and Nutrition Service, shall have the right to seek judicial enforcement of this contract. •
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 books, records, and documents (Including electronic storage media) In
accordance with generally accepted accounting procedures and practices that sufficiently and property reflect all
revenues and expenditures of funds provided by the Department under this contract.
2. To retain all program related records, financlaf records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to this contract fora period of three (3) years
afterexpiration or termination' of the contract, or if an audit hos been initiated and audit findings have not been
resolved at the erid of three (3) years, the records shall be retained until final resolution of the audit frndtngs or any
litigation relating to the audit findings or any action subject to administrative review. Any records retained, regardless
of the time retained, shall be subject to Inspection, copying, audit and review.
3. Upon expiration or termination of the contract artd 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 1., Paragraph D.2. above. The contractor agrees to maintain the
records for the requisite period, even if this contract is terminated or If the contractor has ceased operations.
4. To assure that all records shall be subject to copying, inspection, review, or audit durina any
hours that the Contractor Is open for business, but at minimum between the hours of 8 a.m. and 5 p.m., upon
presentation of photo Identification . Ali Chiid Care Food Program records stall tie e' he ri`e
the Ccntractor provides program services or at the Contractor's sponsoring organization office, as appropriate to the
type of record maintained. Employees of the Department, the United States Department of Agriculture end the
Florida Department of Law Errfoneement shall be provided with access to records upon presentation of Identification
and shall De authorized to take physical possession of any Child Cara Food Program records, or equipment
containing such records and any other records maintained on equipment used in the Child Care Food Program.
Others requesting access shell provide identification and a letter of authorization from the Department of Health.
5. Employees of the Department, the United States Department of Agriculture and the Florida
Department of Law Enforcement and federal auditors pursuant to Titre 45 Code of Federal Regulations, Part 92,
shall upon presentation of identification have full access to and the right to examine any of Contractor's contracts
and related records and documents, regardless of the forrn in which kept, ai all reasonable times for as long as
records are retained.
6. A not -for -profit organization or non-federal governmental entity that expends Federal awards,
including Child Care Food Program reimbursements, of $500,000 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 Federal 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.
• 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 Office of Management and
Budget CircularA-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 Office of Management and Budget CircularA-133, as revised, is net
required. In the event that the Contractor expends loss than $500,0G0 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 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 Office of Management and Budget
Circular A-133, as revised, and required by Section I, Paragraph 0.6, of this agreement shall be submitted by or on
behalf of the Contractor directly to each of the foliowing:
a. Contract Administrative Monitoring Unit
Florida Department of Health
4052 Bald Cypress Way, Bin B-01
Tallahassee, FL 32399-1700
b. Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, 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.
E. Documents to be Submitted to the Department
1. In addition to any documents required to be submitted to the Department in compliance with state
and federal law, the Contractor agrees to submit any receipts, invoices, documentation or other evidence that the
Department in its sole discretion deems necessary to evaluate the validity of any and all claims for reimbursement
submitted by the Contractor. Such requirernent for documentation may also require the Contractor to submit
documentation prior to payment of any claim; any claim or portion thereof that is not supported by documents
requested by the Department in writing shall be disallowed.
2. All contractors shall provide any and all information requested by the Department which the
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 contractor's financial viability, administrative capability
and fiscal responsibility.
1. A Co,;: -actor 3(.1-vino as a sponsor of any Child Care Food Program with wl-itch the contractor has
no affiliation shaft obtain prior written approval from the Department for ail salaries and benefits funded by CCFP
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 shaft be determined
t7v t`'"' Den- ..c r' ... Co, of.- xceed
SEP 21 2007 8 : 29AM HP LASERJET 3200 P • 1
those salaries and benefits generally made available to non-profit corporation employees and officers in the same
geographical area for simiter services.
2. A Contractor serving as a sponsor of any Child Care Food Program with which the contractor has
no affiliation shall not employ staff or officers or directors who are related by blood or marriage without 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
justifying circumstances.
3. All Contractors shall submit budgets and budget amendments that are reasonable, prudent and
necessary for the furtherance of the CCFP.. All 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 to show good cause, In the sole discretion, of the Departrnent, why additional amendments are
required due to expenses which reasonably could not be anticipated and handled through the allowed number of
amendments. A contractor serving as a sponsor of any Child Care Food Program with which the contractor has no
affiliation shall have compiled with the budget requirements set forth In Attachment 3 to this contract which Is
attached hereto and Incorporated by reference end shall continue to be bound by those requirements during the
• term of this contract.''
4. Ail Contractors shall comply with program meal requirements as specified by the Department:
Failure to meet 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 meals or
snacks and shall subject the Contractor to Issuance of a notice of serious deficiency, proposed termination, refusal
to renew the corrtract, disqualification, and/or suspension.
G. Monitoring, Compliance and Review Procedures, Administrative and Criminal Penalties
1. In addition to reviews of audits conducted In accordance with Office of Management and Budget
Circular A-133, as revised, monitoring procedures by the Department may Include, but not be limited to, on -site visits
by Departrnent staff, limited scope audits as defined by Office of Management and Budget Circular A-133, as
revised, and/or other procedures or audits deemed necessary in the sole discretion of the Department to evaluate
program operations. 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 In 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, or the State of Florida's Comptroller or Auditor General. The Contractor also acknowledges that any
monitoring or review, whether,oerformed 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 Department will actively cooperate and assist in such criminal prosecution.
2. The Contractor agrees to permit persons authorized by the Department to inspect any records,
papers, documents, facilities, and/or .goods and services of the Contractor 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 Departrnent 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 lime set
forth in the Contractor's corrective action plan as agreed upon by the Department. The Contractor's failure to
submit a corrective action plan acceptable to the Department within required timeframes, or failure to correct noted
deficiencies, 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; and (4) termination of this contract for cause. The Department shall notify the
Contractor If It determines that a deficiency warrants termination or suspension of the contract and disqualification
of the Contractor and/or its responsible principals or individuals and will afford the Contractor and/or its responsible
prindpais or individuals the review procedures authorized under Title 7 Code of Federal Regulations, Part 226,
which shall be the exclusive means to challenge the Departments determination.
c..� . . yi
ill" a� %mClibt?d.fi;Ci1` i.J4Sb`,�^"trd'ilkvn."4 r" :ponsible fejl rr"I��Jf°AriQ.....6 Inu.'S can pl)OL., dt.:: r ua,;.
relationship to the sponsoring organization and present it upon request.
ittrwo iNeir
a ret'r)c2ttcr°:.• NNic rE:: r h•ic rarer; pr. r is Rot pplic:able to r r7311;trarta•F„.,.,r..Laec3 1 r vier the, Dcapa,rtrrent
rr ,
The Contractor shilI be liable for and shall indemnify, defend, and hold harmless the De.partment
and all of its officers, agents, and ernpioyees from ali cleirns, suits, judgments, or damages, consequential or
otherwise and including attorneysfees 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, equivalent delivery service, e-mail or facsimile transmission, Only adjudication or judgment after
highest appeal is exhausted specifically finding the Contractor not liable shell 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.
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. The Department shall not approve any subcontract for a
day care home sponsor or a sponsor of unaffiliated child care centers for Child Care Food Program'management
functions, including but not limited to, program financial management, eligibility review and approval, preparation and
maintenance of enrollment rosters, tiering determinations, and submission of claims for reimbursement and
monitoring.
2. The C..)ntractor shell not subcontract for any of the work contemplated under this contract williout
prior written approval of the Department. Any subcontract otherwise occurring shall be null and void.
3. The Contractor shall be responsible for ail work performed and all 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, the Contractor agrees 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
to 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 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 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.
J. Contractor as a Corporation
1. The Department recognizes that corporations may participate in the Child Care Food Program and
that such entities are recognized under Florida law es 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 oversight 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 this section shall apply to all
contractors organized as corporations in which stock !s not publicly traded.
2. During the term of this agreement, if more than Ilan; percent (50%) of the stock of the Contractor's
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 the Child Care Food Program is 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 applipahle pr federal law, rules, regulations, instructions, policies, procedures or manuals, that are used by
tc of the Chid Care Food Program. In the event that the Contractor or its'
n overpayment has been made, the Contractor shall notify the Department b\i
cartif.ied ma li within hve (5) days O1 such discovery, in the event that the Deparirrieni firs', discovers ah overiayrnent
has been made, the Department will notify the Contractor by letter of such a finding. Repayment shall be made
pursuant lo the Department's instructions lc..) the Contractor and shall include interest as required by federal law;
such irr:IrtIrriinnr; irv=w include but are not limited To 2 sponsor's !payment to centers a.rid a contractor's payment to
•i
SEP 21 2007 8:27AM HP LASERJET 3200
p . 2
L. Disallowance of Payment for Program Meals
In the event the Department discovers, prior to payment, the Contractor's failure to comply with
recordkeeping requirements pertaining to records directly supporting claims for reimbursement, the Department shall
disallow payment for any meals not supported by such records. Records that support claims for reimbursement
inetude, but are not limited to, free end reduced prhee meal applications, daily meal counts, menu records, enrollment
records, and attendance records.
M. Independent Capacity of the Contractor
1. In performance of tills contract, it is agreed between the parties that the Contractor is an
independent Contractor and that the Contractor is solely liable for the performance of all tasks contemplated by this
contract, which are not the exclusive responsibility of the Departnient
2. The Contractor, its officers, agents, employees, or subcontractors in performance of this contract,
hall act in the capacity of an Independent Contractor and not as an officer, employee', or agent of the State of
A:ride. The Contractor shall not represent to others that it has the authority to bind the Department unless
pacifically authorized in writing to do so.
3. The Contractor, its officers, agents, employees, and its subcontractors 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 obligations of thls contract.
4. The Contractor agrees to take such actions es 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 partner of the State of Florida.
N. 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 forrn,
confidential and secure as required by Florida and federal law.
O. Non -Pricing Policy
The Contractor agrees that all children 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, 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 pr Iler II eligible recipients and income information pertaining to indlvldual
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.
11. THE DEPARTMENT AGREES:
A. To reimburse the Contractor for meals and other allowable costs as further provided In applicable rules,
regulations, instructions, policies, procedures or manuals. Claims for reimbursement not flied 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 fUed late because of audit adjustments. The Department may, at its sole discretion and
with 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 Prograrn 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 shall be accorded a review procedure only if required by federal law pursuant to Title 7 Code of Federal
Regulations Part 226.
111. THE DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE:
Effective and Ending Dates
This contract shell begin on October 1, 2007, or on the date on which the contract has ben signed by both
parties, whichever is later or at the discretion of the Department, pursuant to Title 7 Code of Federal Regulations
...ey2e).11. The contract shall expire on September 30, 2008, end reay be renewed pursuant to pro.cadures and
requirements established by the ,Department.
B. 'Termillation
Termination st VVill. This contract may be terminated by eitherparty without cause upon no iess
than thirty (30) calendar days notice in writing to the other pally unless a lesser time is mutually agreed upon in
writing by both parties. Said notice- shall be delivered by facsimile transmission, email, certified mail — return receipt
requested, or in person with proof of delivery.
2. Termination Because of Lack of Funds. tri 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 facsimile transmission, email, 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.
3, 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.
4. Termination for Cause.. The Department may iceminate this nentract for cause for the Contractor's
pr.,ncompliance with any provision of this contract or for any of The serious deficeeneies identified, but not limited to,
e in Attachment 1.
C. Enforcement
If any term or provision of the contract or of any Child Care Food Program rules, regulations, policies,
procedures, instructions, 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 or the application of state or federal law to any
dispute between the parties shall be in Leon County, Florida.
I have read the above contract and understand each section and paragraph.
IN WITNESS THEREOF, the parties hereto have caused this 7 page contract and its subject attachments,
Attachment 1, Attachment 2, and Attachment 3, to be executed by their undersigned official as duly authorized.
CONTRACTOR:
(Authorization Number)
(Nant,:. os Organization)
(Address)
Signature .of COB, President, Owner or
Delegated Authority
PRINTED NAME:
TrIF:
DATE:
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
SIGNATURE:
NAME: Philip E. Reeves
TITLE: Chief, Bureau of Child Nutrition Programs
DATE:
1-035-06
e e 'L.. jLiQ.511e.t.t g n LUTE. ..1.71.11e...c
IN WITNT-TSS, THEREOF, THE PARTIES HERETO HAVE CAUSED THS 8 PAGE CONTRACT AND ITS
SUBJECT ATTACHMENTS, ATTACHMENT 1, ATTACHMENT 2, AND ATTACHMENT 3, TO BE EXECUTED
BY THEIR UNDERSIGNED OFFICIAL AS DULY AUTHORIZED,
CONTRACT:
ATTEST:
S-576 By:
(Authorization)
Oity2frMiami
(Name of organization)
P.O. BOX 33078
(Address)
Miam FL. 33133-0708
(Address)
Signature of COB, Pesident, Owner
Delegated Authority
PRINTED NAME: Pe
o G. Hernandez
TITLE: City Manager
DATE:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
I TORNEY
A (7-
LEEANN:RE]-, RISK MANAGEMENT
DIRECTOR