HomeMy WebLinkAboutPermanent ContractFLORIDA DEPARTM[8NT OP,
H ALT �I
STATE OF FLORIDA
22232�`��c'
g V20
/� /� (� CHILDCARE
DEPARTMENT OF HEALTH Ng on�11 0
BUREAU OF CHILDCARE FOOD PROGRA
Chid Care Food Program (CCFP)
Permanent Contract
IDENTIFICATION OF CONTRACTING PARTIES: This Permanent Contract (Contract)
is entered into consistent with the terms and representations provided in the
Contractor's application requesting participation in the Child Care Food Program
(CCFP). The Contract is therefore, under those conditions, executed by:
The State of Florida
Department I L of Health
Bureau of Childcare Food Programs
(Department)
BIN PA-17, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1727
with
The Contractor Identified on Page 16 of This Contract
Contractors shall maintain this Contract with their CCFP records. Contractors are
required to retain most CCFP records for at least three years after termination from the
Program, Certain records are required to be retained longer. Records related to an
ongoing audit must be retained until the audit is complete, even if longer than the
standard retention period.
Revisers 60011
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
TABLE OF CONTENTS
1
IDENTIFICATION OF CONTRACTING PARTIES
CONTRACTOR ENCOURAGED TO SEEK LEGAL COUNSEL 3
3
I. THE CONTRACTOR AGREES TO:
WITH CONTRACT
A. PROVIDE SERVICES IN ACCORDANCE
COMPLY WITH GOVERNING LAWS, RULES, REGULATIONS, AND POLIcIES
B.
C.
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ACCEPT FINAL ADMINISTRATIVE AND FINANCIAL RESPONSIBILITY
TIN AND ALLOW AUTHORIZED ACCESS TO ALL RECORDS OF CCFP OPERATIONS
MAINA
3
3
3
4
5
PROVIDE REQUIRED AUDIT RECORDS
PROPERLY DISBURSE CCFP REIMBURSEMENT FUNDS RECEIVED 5
SUBMIT DOCUMENTS TO THE DEPARTMENT 6
OBTAIN PRIOR DEPARTMENTAL APPROVAL OF CONTRACTOR'S OPERATIONS 6
MONITORING, COMPLIANCE AND REVIEW PROCEDURES ...................................... 7
DEPARTMENT AUTHORITY TO SEEK OTHER ACTIONS AT LAW
8
INDEMNIFICATION
8
ASSIGNMENTS AND SUBCONTRACTS 8
CONDITION FOR RECEIPT OF FEDERAL FUNDS 9
MEET ADDITIONAL REQUIREMENTS TO MAINTAIN PARTICIPATION IN CCFP 9
CONDITIONS FOR RETURN OF FUNDS 10
9
10
PROCEDURES FOR DISALLOWANCE OF PROGRAM PAYMENTS
INDEPENDENT CAPACITY. OF THE CONTRACTOR
TRAINING AND SECURITY
DESIGNATION OF NON -PRICING OR PRICING POLICY
MEET ADDITIONAL REQUIREMENTS WHEN SEP.VING AS A SPONSOR
11
CONTRACT AMENDMENT PROCEDURES
FOOD SAFETY AND SANITATION REQUIREMENTS 12
II. THE DEPARTMENT AGREES TO.
A. PROVIDE AUTHORIZED REIMBURSEMENT
B. PROVIDE REQUIRED PROCEDURE FOR REVIEW OF ADMINISTRATIVE ACTION
C. CONDUCT PERIODIC INSPECTION AND REPORTS .........................
D. SPECIFY IN WRITING WHEN RESPONSE TO DEFICIENCIES ARE DUE
E. NOTIFY CONTRACTOR OF DECISION IN WRITING
II. THE DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE' 13
A. DEFINITION OF TERM 13
B. EFFECTIVE AND ENDING DATES 13
C. CONTRACT IS LEGAL BINDING AGREEMENT
. _. 13
D. CONDITIONAL CONTRACT13
E. PROCEDURES AND NOTICES SENT TO CONTRACTOR'S ADDRESS OF RECORD 14
_... __. .
F. RESPONSIBILITY TO OBSERVE ALL GOVERNING LAWS 14
— G. NON -WAIVER 14
H. CONTRACTOR'S NOTIFICATION OF RESPONSIBLE PARTIES 14
I. CONDITIONS OF TERMINATION 14
J. ENFORCEMENT 14
K. EXCLUSIVE VENUE PROVISION 15
L. ENTIRE _CONTRACT; AMENDMENTS 15
M. CONSTRUCTION OR INTERPRETATION OF CONTRACT 15
SIGNATUREPAGE ........................................................................................... 16
10
10
12
ATTACHMENTS:
COMMON EXAMPLES OF SERIOUS DEFICIENCIES
SERIOUS DEFICIENCY PROCESS AND ADMINISTRATIVE REVIEW PROCEDURES
FINANCIAL AND COMPLIANCE AUDITS
12
12
12
12
12
12
17
20
22
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
THIS PERMANENT CONTRACT is entered into between the State of Florida, Department of Health,
(Department) administering the United States Department of Agriculture (USDA) Child and Adult Care Food Program
(CFDA# 10.558), codified in Florida at Section 383.011(1)(1), Florida Statutes, and known as the Child Care Food
Program (CCFP or Program), and the organization identified as the Contractor on page 16 of this Contract. This
Contract shall supersede all previous communications, representations, contracts, or agreements, either verbal or
written between the parties.
THE PARTIES AGREE:
CONTRACTOR ENCOURAGED TO SEEK LEGAL COUNSEL
1. This CCFP Permanent Contract is a legal binding agreement .between the Contractor and the
Department. Entering into this Contract may affect the Contractor's rights and responsibilities under Florida law. It•is
therefore most likely that the Contractor will have individual legal concerns that are best addressed by an attorney
representing that Contractor's interests.
2. The Department is not permitted tonor will it provide legal advice regarding this Contract. The
Department is only permitted to describe the various terms, conditions, and functions of the requirements within the
Contract. The Department may not advise the Contractor as to the Contractor's rights under the Contract's
provisions. No verbal representations regarding this Contract shall have force or effect regardless of the source of
that representation unless reduced to writing and implemented consistent with the terms of this Contract.
3. Violation of the terms of this Contract could lead to disqualification. Ifa contractor falsifies
program records, such action is considered submission of a false or fraudulent claim and a serious violation of the
CCFP and this Contract. A violation.of a Program requirement is also a violation of this Contract. In each instance if
the violation is proven such action may result in disqualification from the Program for seven years.
THE CONTRACTOR AGREES TO:
A. PROVIDE SERVICES IN ACCORDANCE WITH CONTRACT
Provide services in accordance with this Contract and governing state and federal law, and to comply with
any state or federal rules, regulations, instructions; policies, procedures, and manuals used by the Department in its
administration of the CCFP.
13. ACCEPT FINAL ADMINISTRATIVE AND FINANCIAL RESPONSIBILITY
Accept final administrative and financial responsibility for total CCFP operations governed by this Contract.
C. COMPLY WITH GOVERNING LAWS, RULES, REGULATIONS, AND POLICIES
1. The terms .and conditions of this Contract, including Attachments 1, 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. Florida Department of Health, Bureau of Childcare Food Programs (CCFP) manuals and guides,
as though fully set forth herein, with which .the Contractor hereby agrees to comply as a condition of this Contract.
The Contractor shall comply with the following 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 Procedure Manual for
Afterschool Snack.Programs; 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 Nutrition 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 Nutrition Programs; and Sponsor Oversight
Responsibilities for Sponsors of Homeless Children Nutrition Programs.
4. Federal Law
a. As though fully set forth herein, all CCFP rules, regulations, instructions, policies, procedures and
manuals used by the Department in its administration of the CCFP, 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 MMianagemenl 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 RiidnA1 r. rr-ion ,�,) r
Local Governments, and Non -Profit Organizations"; USDA Food and Nutrition Service Instruction 796-2, Revision 3
Regulations Part 3016, "Uniform Administrative Requirements For Grants And
and subsequent revisions; Title 7Code of Federal Regulations Part 3015, "Uniform Federal Assistance Regulations
and . Cooperative
7 Coderof Federal
19,
C niform ivd Agreements q State And for Graal nts andrAg Title 7 Code of Federal
Institutions of Higher Education gulations PHospart itals,
"Uniform r Non
l rofitve Requirement Audits of States, Local
and Other Non-nd Non -Profit Organizations." Title 7 Code of Federal Regulations
swit T 1 Title of the Civil Rights Act of
Governments, a
b. The Contractor hereby agrees and assures that it will (20 U.S.C. §1681 et seq.) as
of 1972,
amended,
ed42 U.S.CSection
§2000do et seq.)
Title IX of the Education Amendments
as amended, the Age Discrimination Act
of 1975, Section 504.1 the Rehabilitation Act of 1, 73,and (29 U.S.Crequirements §794)
Department roelation Enforcement
of 1975, (42 U.S.C. §6101 et seq.) as amended, and all requirements imposed by the regulations of the U.S.
and USDA, Food and Nutrition Service
ep
Department of Agriculture (Title 7 Code of Federal t S0.3, ns Part in Service
Guidelines, (retie 28 Code of pursuant
Regulations Part her 42 and 50); arot theen in, United
be exclud®d p p
States
e shall,
or on regulations
of race, color, to that Act end
origin, sex, age, orons, to disability, effect that, fromno person
States shall, on groundprogram or activity for which the
gives rogram that et will which
denied the benefits of, or be otherwise subject to discrimination under any p
iately
Contractor received Federal financial assistance from USDA; and hereby
take any measures necessary to fus lfill
thisach Coontract.
ntract. Contra facilities.
ho are also sponsors further agree to ensure
ed
compliance with these his assuall federal
rance This assurance is given
f federal consideration of and
reimbursable expendithe pturesose �f grant ong r
donation and of federal
any property
financial assistance, grants and loans o
property and Interest in property, the detail of federale pfurs ofrtrservices lease of, and the
consideration eornatsion to use
a nominal
federal property or interest In such property, or
ion of
thecoublictint a at a consideration by whisale reduced
or furnishing of services to t the recipient,
recipient, or any improvin ements
the public interest to be served by such sale,
made with federal financial assistance extended to the Contractor by the USDA.
(2) Thls assurance also l of cash les any ass staneeeral for the purchasemof arrangement,
other contract
assistancefoch
r
has as one of its l offood the ceviequipment
i ui ment or any other financial assistance extended in reliance on the
purchase or rental food service eq p compile data, maintain records, and
representations and agreements made in this Contract. agrees to
(3) Sy executing this Contract, the Contractor submit reports as required to permit effective enforcement of nondiscrimination laws and perraif authorized USDA
laws. If there are any violations of this assurance, the USDA, Food and
personnel during hours of program operation to review such records, books, and accounts as needed to ascertain
compliance Service
the nondiscrimination
Nutrition Service shall have the rightto
seek
d assignees as long as it receives es assistance or retains possessrng on the
ion of any
Contractor, its successors, transfers on this Contract are authorized to sign this
assistance from USDA. The person or persons whose signatures appearwith all
assurance on the behalf of the Contractor.
c, If reimbursements paid to the Contractor exceed $100,000, the Contractor shall comply
app6 U.S.C. 1 Clean Air Act, s amendednd Order U.S C.
Ircable standards, orders; or regulation�a{er Act,as arnentded (33 of the et Act, as (42 U:S. .
8,
1 nd En) it nseq.),menlPSection do of the Clean
and Environmental Protection Agency regulations (40 CFR Part 15). The Contractor shall report any violations of the
any to person or
above to the Department. If reimbursements tionthatdit wellenot andshas noted $100,000, the used CCFP fundsotorpay is execution of
this Contract shall serve as its certification
ency, a member of Congress,
organization for influencing ng rores,attemptingor nto influe ence
a employee of any
in connection with this Contract pursuant
officer or employee of Congress, or an employ
to Title 31 United States Code Section 1352. d. The Contractor shall not employ unauthorized aliens, stem,
(1) The Contractor agrees to use the U.S. Department of Homeland Security's E-Vert sy
https'/le verify uscis.eov/emp, to verify the empoo ed during thement tContract term by -the -Contractor•to perform
•
_(a)-All•persons-emp y g
employment duties within Florida;
(b) All persons (including subcontractors) assigned by the Contractor to perform work
pursuant to this Contract;
-- _—___(2). The_.Department .shall consider employment of unauthorized aliens a violati_on of Section
274A(e) of the Immigration and Naturalization Act.
The Contractor shall comply with the Pro -Children Act of 1994, Public Law 103-277, which requires
kiportion of any indoor facility used for the provision of federally funded services
that smoking not be permitted in any p services on a routine or regular basis,
with the provisions of -the law may result in the imposition of civil
including health, child care, early childhood development, education or library
to children up to age 1 to Failure to comply imposition of an administrative compliance order on
monetary penalty of up �1,000 for each violation and/or the
the responsible entity.
D. MAINTAIN AND ALLOW AUTHORIZED ACCESS TO ALL RECORDS OF CCFP OPERATIONS
1. To establish and maintain books, records, and documents t(in lusudinge electronic
and properly storage
e media)
an
ll
accordance with generally accepted accounting procedures
pAdarterrsient andpractices
this Contract.
revenues and expenditures of funds provided by p of all other monthly records
2. To maintain its current o°gloat of all peceipts and an originalorcopy of
claims and reports in
separate monthly file folders containing
supporting the Contractor's CCFP claim for each designated month. 'These records shall be available for review,
audit, and copying al the Contractor's operational location within one hour of written or verbal request.
3. To retain all program related 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 this 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 final resolution of the audit findings 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. If the Contractor is a day care home
sponsor that Contractor .must retain records for all disqualified day care home providers for. 10 years after
disqualification.
4. Upon expiration or termination of this 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 subparagraph 3 of this section. The Contractor
agrees to maintain the records for the requisite period, even If this Contract is terminated or If the Contractor has
ceased operations.
5. To ensure .that all records shall be available for copying, inspection, review, or audit, during any
hours that the Contractor is open for business, 'but at minimum between, the hours of 8 a.m. and 5 p.m.
a. Ensure that all records applicable to the current month and prior 1'2 months of operation are
available on -site, in paper form, for 'inspection, copy, review, or audit.
b. Maintain all CCFP records at the site at which the Contractor provides program services and/or at
the Contractor's sponsoring organization office, as appropriate to the type df record maintained.
c. Provide access to records within -one hour of formal request to:
(1) Employees of the Department, United States Department of Agriculture, Florida Department of Law Enforcement, Florida Department of Financial Services , Division of Public Assistance Fraud,
and Early Learning Coalitions upon presentation of appropriate photo identification; and
,(2) Other authorized .individuals who the Department designates in writing upon presentation of that designation and proper:photo identification.
6. Permit employees of the Department, United States Department of Agriculture, Florida Department
of Law Enforcement, or Florida Department of Financial Services, Division of Public Assistance Fraud to take
physical possession of any CCFP records, or equipment containing such records and any other records maintained •
on equipment used in the. CCFP, upon presentation of photo identification.
7. Upon presentation of appropriate photo identification, .the Contractor shall grant appropriately.
designated individuals full access to all program related records, financial records, supporting documents, statistical
records, any.of the Contractor's contracts and any other documents (including electronic storage media) pertinent to
this Contract, regardless of the. form in which kept, at all reasonable times, and at reasonable places, for as long as •
records are retained. Individuals granted access pursuant to the terms of this Contract and this provision shall
include employees of the Department; those individuals authorized in writing by the Department, personnel of the
United States Department of Agriculture, Florida Department of Law Enforcement, Florida Department of Financial
Services, Division of Public Assistance Fraud, representatives of Early Learning Coalitions, -and federal auditors
pursuant to Title 45 Code of Federal Regulations, Part 92.
E. PROVIDE REQUIRED AUDIT RECORDS
1. A not -for -profit organization or non-federal governmental entity that expends Federal awards,
including CCFP reimbursements,' of $5D0,000 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.. The Contractor agrees to:
a. Annually complete a determination regarding. which audit requirements it must meet in accordance
with Office of Management and Budget Circular A-133, as revised;
b. When an audit is required, ensure that the audit is ordered and completed consistent with the
requirements of Office of Management and Budget Circular A-133, as revised, and Attachment 3 to this contract;
•
c. Submit copies of audit reports for audits conducted in accordance with Office of Management and
Budget Circular A-133, as revised, , whether required or voluntary, to the Department according to the requirements
stated in Attachment 3 to this Contract.
2. In connection with the audit requirements addressed in subparagraph 1 of this section, the
Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of Office of
Management and Budget Circular A-133, as revised as though fully set forth herein, and shall make all records
relating to the audit, including but not limited to accountant work papers and findings, available to the Department for
inspection and copying.
F. PROPERLY DISBURSE CCFP REIMBURSEMENT FUNDS RECEIVED
1. Use CCFP reimbursement funds only to pay for allowable CCFP costs;
2. Pay all supplier or subcontractor invoices, for CCFP claimed costs, by the earlier of payment due
date or within five business days after receipt of CCFP reimbursement; and
3. If it is a sponsor of day care homes or sponsor of unaffiliated child care centers, disburse
reimbursements to sponsored facilities within five business days of receipt of reimbursement from the Department.
The date the sponsor receives the direct deposit notice or check in the mail is the date reimbursement is considered
received from the Department.
G. SUBMIT DOCUMENTS TO THE DEPARTMENT
(lance with state
1. In addition to any documents required to be submitted to the Department in comp
to evaluate the validity of any and all claims for reimbursement
submit
and federal law, the Contractor agrees to submll any receipts, invoices, documentation, oother evidence that t e
e
or
Department In hs sole racto . deems n ire ry octon thereof that iq not supported by dto b
submitted by the Contractor. Such requirement for documentation may also require
nts
documentation prior to payment of any claim; any claim or P the Department which the
requested by the Department int writing shall
providebe disallowed.ayall, information requested byin the CCFP or an
2. The Contractor shall any application toparticipate
Department deems necessary in its sole discretion to evaluate an aPp performance in the CCFP, including
Ftoothe
application to renew Its participation in the CCFP or to evaluate a Contractor's p
but not limited to, documents which
eoapabil'ty and program accountability. s are necessary evaluate the applicant's
Contractor's financial Contractor
administrative
a. hy etor shall Contactor written notice to the
official mailing addreasnt to Ithin five whlch all legals days of:
notices and other
a. Any change to theT
correspondence shall be directed. The Contractor shall be bound by all records mailed to that address CCFP serviceor s areposes •
be being
of enforcement proceedings regarding this Contract;h elcal location) where
b. Any change to the Contractor's street address (p y
provided; to er Identification Number (FEIN) or legal name or
c. Any change in the Contractor's Federal Emp y
doing -business -as () me; onsible principals and responsible individuals certification.
d. Anyy c chanange in the Contractor's reap This written notice shall include: principal's or individual's status that
a in a previously identified p P
(1) Notification of any Chang
would render that person unqualified to continue to scree.
Notificationnof any convictions I of a Contractor's responsible principals or responsible
cers
of the
individuals (any person who holds a management position
with the
yContuahtor, owners,
dines shall
en b rS fraud,
board of directors) for crimes indicating thg a !forgk e bribery, falsification or destruction of records, making false
antitrust statements, receiving oproperty,
opert theft,
false claims,Iobstruction of justice, tax evasion, tax fraud, failing to file
traseining stolen p p Y
tax returns, passing worthless checks, submission
bus�essgntegity' and
information torate or otherwtl Bral agency, and•
disqualify the
perjury or any other activity indicating a lackproposed personnel change to remove
(3) The Contractor' in the CCFP.
principal(s) and/or responsible individual(s) from participation in the Program, the Contractor
4. For the purpose of annual certification of continued participation regulations;
shall: Department information required pursuant to CCFP reg Department
a. Submit to the Department, upon request,' additional records and information the
b. Submit to the Department, participate in the CCFP for the coming year
deems necessary to substantiate the Contractor's continued eligibility top P
or; with the annual certification requirements, voluntarily
c. If the Contractor chooses not to comply
withdraw from the CCFP by the date specified by the Departmentr unlessor voluntarily currently
withdrawnd.a from the CCFP will result
inice of Serious
Deficiency.
non-punitive Failure to
off thiswithannual Cont act without lon appet , unless currently under a Notice of Serious Deficiency.
H. onsQr of any facility with which the Contractor has no affiliation
OBTAIN PRIOR DEPARTMENTAL APPROVAL OF CONTRACTOR'S OPERATION
1. A Contractor a serving vial fromaa CCFP e andot the furtherance funded
ace of the CCFP
obtain riot written approval the Department for all salaries benefits funded byCCFP
Beall Pprudent, and necessary
reimbursements. Salaries and cbe withs must l t reasonable, The ea,
addition to being in compliance federal law. The reaerationsnor anticipatedsalaries
operationsbenefits
and sshall
hal aotermined
exceed
in to operations
end odfishal •in the sa ed
those the Department after its review of the made -available
QP non-profit corporation -employees .salaries .andefor slits r services.
s. Theevdetere to
prudent, •
• and necessary. salaries and
geographical area for similar services. determination of refs of tabwith which the Contractor has no affiliation
benefits shall be at the Contractor
serving
sole discretion• onsor of any Y
?. A Contractor s or d as a CCFP sp. written iththe documentation of extraordinary approval
shall not employ e t. or s or directors will be grantedho are ated onlyonly supon..or marriagetenwithoutum to addror essrithe justifying
rdifla
royal
of the Department. Any such approval of time necessary
circumstances and shall only be granted for the shortest period
circumstances. amendments that are reasonable, prudent,
3. The Contractor shall submit budgets and budget
furtherance of the CCFP. The determination df reasonable,
e tlonabte,
and allowable in accordance with Food and Nutrition Service (FNS) Financial Management Instruction
necessary, rent revisions, for th
prude, , necessary,
3 and subsequent. budget items and amounts shall be at the Department's No sole thanifour. budget
prudent, is n budget
and amendments
theo prior written approval.
aand budget amendments federalshall fiscal
year unless t Department's
t could not be reasonably anticipated ands Bridled through the
amendments may be filed in any fiscal the Contractor is able to show good cause why additional
Department's amendments are required due to expenses t §226.20.
meal
torequirements
issuance as
specified
warenbylettCFR quire the
allowed number of amendments. The determination of good cause shall.be at the ep
o
q The Contractor aholl comply with program*
Failure to meet Program specifications shall subject the Contractor
Contractorprovide a corrective action plan, subject the Contractor to additional documentation required (AD
R)
Co proposed termination, and disqualification.
claims procedures, Notice of Serious Deficiency, p pr
5. Contractors providing services in accordance with this Contract hereby agree that they shall not
during that same period provide services to CCFP contractors or facilities as a registered caterer with the Florida
Department of Health. Contractors attempting to simultaneously perform services under this Contract and also as a
registered caterer with the Florida Department of Health shall be in violation of the terms of. this Contract and may be
subject to disqualification.
6. Contractors agree that they shall not assign or pledge current or future CCFP operational
reimbursement funds or equipment procured with CCFP funds as collateral of any kind for a loan, line of credit, or for
a repayment plan for unpaid debts.
1• MONITORING, COMPLIANCE AND REVIEW PROCEDURES
1. The Contractor agrees•to submit to monitoring, compliance reviews and subsequent administrative
and criminal penalties that may apply, to include:
.a. Reviews of audits conducted in accordance with Office of Management and Budget Circular A-133,
as revised; and
b. Monitoring procedures by the Department that may include, but are not limited to, on -site visits by
• Department staff or contracted entities on behalf of the Department, 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.
2. The Contractor agrees to comply and cooperate .with any:
a. Monitoring procedures/processes deemed appropriate by the Department;
b. Additional instructions provided by the Department to the Contractor. upon the Department's
determination that an audit or a limited scope audit of the Contractor is appropriate; and
c. Inspections, reviews, investigations, or audits deemed necessary by the Department, or the State
of Florida's Comptroller.or Auditor General.
3. Any Contractor serving as a CCFP sponsor shall monitor each sponsored facility and .ensure its
compliance_ with the requirements of state and federal rules, regulations, policies, instructions, procedures, and
manuals:-. Contractor personnel responsible for monitoring must carry photo identification demonstrating their
relationship to the sponsoring organization and present it upon request.
•
4. Regarding inspections_ and regulatory actions the Contractor agrees:
a. • To ,permit persons authorized by the Department to inspect any records, papers, documents
(including electronic storage media), 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.
b. That any inspections or monitoring visits of the Contractors facility or of the Contractor's records
shall be made to assure the Department of the satisfactory performance of the terms and conditions of this Contract.
The Contractor agrees that such visits, reviews, or inspections may be announced or unannounced.
c. To acknowledge site review findings by providing an authorized signature on the site review form
upon completion of the specific site review. Failure to acknowledge such findings or provide exceptions at the time
of the site review shall be grounds for Notice of Serious Deficiency.
d. To accept the Department's written report of findings regarding the Contractor's performance or
compliance with' the terms of this Contract.
e. To provide its written response to the Department's written report of findings within the period
specified in the Department's notice of required corrective action.
f. That the Department, at its sole and exclusive discretion, may or may not accept the Contractor's
corrective actions. The Contractor agrees to respond to all requests for modification of the Contractor's proposed
corrective actions as specified by the Department. The Contractor agrees that it shall correct all noted deficiencies
identified 'by the Department consistent with a Department approved Corrective Action Plan (CAP) within the
speciffecfperiod of time set forth in the Contractor's.CAP.
g. That the Contractor's failure to submit an acceptable CAP to the Department within the timeframe
provided in the Department's notice, or failure to correct noted deficiencies, or failure to fully and permanently
maintain implemented corrective action 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;
(4) Termination of this Contract for cause: and
(5) The Contractor and the •Contractor's responsible principal(s) and responsible individuals) being
disqualified from participation in the CCFP and listed on the USDA National Disqualified List.
h. That the Contractor's failure to implement and maintain an approved corrective action(s) shall
result in contract termination and disqualification and listing the Contractor, and the Contractor's responsible
principal(s) and responsible individual(s) on the USDA National Disqualified List.
That the Contractor's exclusive means of challenging the Department's determination of
acceptable CAP submission, successful correction of deficiencies, suspension, and/or proposed termination and
entry of named parties on the USDA National Disqualified List shall be the review procedures provided pursuant to
the terms of this Contract and Title 7 Code of Federal Regulations, Part 226.
5. Upon termination or expiration of this Contract, for a period of three years from the end of the
federal fiscal year in which the Contract is terminated or expires, the Contractor agrees to :
a. Maintain all CCFP records and program related records, unless instructed by the Department to
maintain those records for a longer period of time;
b. Maintain all records pertaining to any unresolved audit or review for a minimum of three fiscal
years plus the current fiscal year or until all outstanding issues are resolved; and
Revised 6/2011
f a
rious
Department's authority regarding the issue end determination
in toe Contractor
c. toSumit to the Dep Notice of Serious. Deficiency may
responsible princlpal(s) being added to the USDA National Disqualified List
deficIiency. re. Failure i respond or and
onresolve any
6.
pursuant
us responsible the requirements
i ement sof
pursuant to the requirements of Title 7 Code of Federal Regulations Part 226.
J. DEPARTMENT AUTHORITY TO SEEK OTHER ACTIONS AT LAM
apply to violation of the
The Contractor agrees that administrative and criminal penalties may pP Y
1. whether performed by the
terms of this Contract.
acknowledges that any monitoring or review,
2. The Contractor hereby Agriculture, the Florida Department of Law Enforcement, the Florida
t
Department, the United States Department of Aganother entityoEnforcement,
by ida
Department of Financial Services, Division of Public Assistance Fraud or by
a result in the initiation of criminal charges and that the Department will actively
excludite and ng ssist
anY
Department may
in such criminal prosecution.
g• be applicable under any federal or state statute or local
The CCFP sanctions
he°r tamed Contractor
violations shall not be construedas
criminal or civil sanctions or
ordinance; and other
The CCFP sanctions, do not limit or replace the authority of the USDA, Comptroller well as any General, or
4' or civil or criminal action;
Department to seek damages, precludes the Department from obtaining damage applicable federal and
5. Nothingytw in to rs Contract
remedy authorized by law as a result of the CCFP.Contractor's breach of this Contract or violation of
state rules and regulations pertaining
K. INDEMNIFICATION1. applicable as to the Department in contracts executed between the
indemnlficatfon is not vpp
state agencies or subdivisions, as dalned in Indian natior°s. However, Flsutlh indemnificatiooria Statutes, or n provisions
tween the
Department and agencies or
Department and federal sovereign Americra hs 2 and 3 of this section. and hold harmless the Department
shall apply to the Contror in a
CP
2. The Connttractoorr shall
be liable for and shall indemnify, defend, tact, or omission by the
officers, agents, and employees from all claims, suits, judgments, or damages, consequential or
andthall of Its offic gs u operation actions, this Contractlect,or any subsequent
performance or op
otherwise and including ateorcrineoseesedunng thet P arising out of efs n ortanible intangible property.
xcuse the
modifications
Contractor, difido its er ef, er employees or es evaluation lofe or intangible
shall note given b
modifications thereof, whether direct or indirect, and whether to any P the Department is Y
3 The Contractor's inability tevaluate even liability(7) days after such notice byafter
service, e-mail or facsimile transmission. Only adjudication or judgment
Contractor's duty to defend and indemnify
highestcertified mail, equivalent delivery the Department. The
The Contractor ap is e xhausted specifically finding the Coatis obligatioabandhtslenforcementoby ance of this provision.
De rtmeisfshall pay all thets and fees related to this
' failure to notify Contractor of a claim shad not release the Contractor of the above duty to defend.
Department's
L. ASSIGNMENTS AND SUBCONTRACTS management of its operation;
a. The Contractor agrees:
it shall beContractor
responsble for the administration and financial
subcontracts or agreements affecting the Program subsequent to the
b. It shall not enter into
prior written approval;
execution c. this if it intends
dwithout the Department's ram related subcontracts it shall:
(f) intends to enter intoanymen
� Provide the Department written notice rofvth�l intended subcontract.
intentroitttieTho�. aOtice shall
and the
0thename of the intended subcontractor, the name of its principal
includ., dates reflecting the proposed
estimated total value of that contract; P artment any required budget up
(2) Provide the Department Department; and
expense for evaluation; approved by the artment
subcontractor's exp orof this Contract should the D p
(3) Not purer e a subcontractor
subcontract until
— — (4) Not pursue a subcontractor relationship in support subcontract for CCFP
not approve such subcontract. tees that the Department artment shall not approve any
The Contractor a9 financial management, eligibility review andapproval,
2.but not limited to, program
management functions, including determinations, monitoring, and submission of claims for
preparation and maintenance of enrollment rosters, tiering
•
reimbursement. Approval or disapproval of CCFP related subcontracts shall be at the sole discretias on of the
3. approved by the Department shallcosts for be null a they unauthorized
subcontract the
Department. Any Program relatedndthesubcoparment's esponsibility to reimburse any
provisions of this Contract and Deerations. performed and all expenses incurred for
subcontract support of the Contractor's operations.
responsible for all work p�
4.
The Contractor shall be Department. If the Department permits the Contractor to subcontract part
theemworing the CCFP on behalfderthis Contract,
entering into subcontracts with vendors forservices
and
of work contemplated under ehis eDincluding
'ties the Contractor agrees that the Department shall not be liable to the subcontractor for anyexpensesPDepartment
r
ll
commodities, expense, will theesubc the Dto
y
expenses
iandrlia
red under the subcontract and the Contractor Contractor,sat itsl exp liable to subcontractor for a
expenses and liabilities incurred under the subcontract.
against such claims.
8
5. 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.
M. CONDITION FOR RECEIPT -OF FEDERAL FUNDS
In compliance with the American Recovery and Reinvestment Act (ARRA) and the Federal Funding
Accountability and Transparency Act, no payment will be issued to the Contractor until it has obtained a Data
Universal Number System (DUNS) number. This may be found at http://fedgov.dnb.com/webform.
N. :MEET ADDITIONAL REQUIREMENTS TO MAINTAIN PARTICIPATION IN CCFP
1.
l Employer Identification Number
a. Contractor Legal The Contractor agrees ethatdit shallamain maintain its participation in the CCFPlN) underall th sot be Contractnunder
its approved legal name and FEIN.
b. The Contractor agrees that it shall not change its legal name or FEIN under this Contract.
c. The Contractor agrees to immediate termination of this Contract:iffhe Contractor changes its legal
name or FEIN. Such termination shall be subject to all requirements of this Contract.
•
2. The Contractor shall:
a. Prior to doing business with. the State of Florida, submit a W-9 to the Florida Department of
Financial Services (DFS) electronically via the Vendor Website at https://flvendor.myfloridacfo.com;
b. Notify the Department and the Florida Department of Financial Services. (DFS) of any changes in
W-9 information within 10 calendar days.
3. The Contractor hereby agrees to submit all valid claims for reimbursement consistent with the
following requirements:
a. Claims for reimbursement shall be supported by required records maintained in sufficient. detail to•
justify the reimbursement claimed;
b. Records shall be available to support. the claim and the Contractor's act of claim submission shall
be a certification that such records are maintained in the Contractor's files to substantiate each claim submission;
c. Claims for reimbursement shall be submitted to arrive at the Department no later than 60 days
following the last day of the month covered by the claim. A one-time exception may be granted upon Department
approval within any 36 month period. If approved, payment of the late claim is subject to funds availability. Any
claim submitted outside of this requirement shall be denied;
d. Subject to the terms of this Contract, the Contractor shall submit monthly claims for reimbursement
to the Department for each month that the Contractor is eligible to file claims, commencing the first full month after
the Contractor's approved CCFP begin date. The Department may terminate The Contract.for. failure to operate the
Program (serve reimbursable meals, maintain records, file timely claims, etc.) for three consecutive months.
4. Corporations are recognized under the law as 'natural persons and may participate in the CCFP.
The Corporation and each of its responsible principals or responsible individuals (as defined pursuant to. 7 CFR
placed on the National Disqualified List.
§226) shall be subject to all CCFP requirements and may be individually disqualified from the CCFP and individually
•
5. Federal CCFP funds are subject to greater oversight. • The Department performs a fiduciary
function, on behalf of the taxpayers. Therefore, the provisions of this C.ontract shall apply to all Contractors
organized as Corporations whether or not that corporation's stock is publicly traded.
6. During the term of this Contract the Contractor agrees that any proposed sale, transfer, or other
conveyance or pledge of CCFP assets shall not be executed as long as the Contractor participates in the -CCFP
unless, the Contractor has obtained prior Department approval of that transaction.
a• The Contractor shall notify the Department in writing of its intent to sell, transfer, convey, or pledge
any" assets purchased with CCFP funds. The Contractor's notice shall state the name or names of the intended
purchasers, transferees or creditors and be provided to the Department in writing no less than 30 days prior to the
•
date of such proposed change. The Department may also obtain such information from the Florida Department of
State, should it choose to do so in addition to any contractor notification provided.
b. The Department shall either agree to or decline the proposed change and provide the Contractor
written notification of its decision. If the Contractor chooses to pursue the proposed change after the Department
declines, the Contractor agrees to notify the Department of the sale. This Contract shall terminate upon the date of
that sale, consistent with the terms of this Contract. The Department shall not pay any claims from the Contractor or
its designated assignee for meal services occurring after the Contract termination date.
c. If it is discovered or reported that from the date of the Contractor's initial CCFP application more
than fifty percent (50%) of the stock of the Contractor's corporation is sold, transferred, otherwise conveyed or
pledged, the Contractor agrees that this Contract shall terminate immediately.
d. Failure .of the Contractor to provide such notice may result in the Department issuing a Notice of
Serious Deficiency and Notice of Proposed Termination and Disqualification of ._Responsible Principals and
Responsible Individuals and immediate termination of this Contract.
•
7. If a contractor fails to complete all responsibilities under this Contract, the Contractor and its
responsible principals and responsible individuals may be disqualified from further participation in the CCFP and
placed on the USDA National Disqualified List.
D. CONDITIONS FOR RETURN OF FUNDS
To return to the Department any overpayments due to unearned funds pursuant to the terms of this
Contract or applicable state or federal law, rules, regulations, instructions, policies, procedures or manuals, that are
used by the Department in its administration of the CCFP. In the event that the Contractor or its independent auditor
discovers thal an overpayment has been made, the Contractor shall notify the Department by certified mail within
Revised 6/2011
has been made, the
Department first discovers en overpaymentursuant to the
In the event that the Dep R®payment shall be pursuant
instructions
five art dent of such discovery• letter of such a finding. federaltmadeaw,
(5)the Contractor bytrtoinstructions
the
Department will notify sponsored facilities and a contractor's payment
Department's instructions aretio not to the Contractor aoar' shall
include sponsor f require Y
may include but are limited
Department.
in requirements
with recordkeep g rrient for any
P. Pthe URES
FOR DISALLOWANCE c PROGRAM PAYMENTS Department shall disallow pg re uirem me
In the event the Department discovers
fore Contractor's failure to reimbursement, the Dep comply
to records supported
directly supporting hingsupport claims for reimbursement may
pertaining orted by such records. Records that menu original receipts i the
meals and/ to, not euan price meal applications, daily meal counts, The records,oon may appeal and
not limitedesf free and nseced and attendance records.
Depicts for CCFP expenses, enrollment records,
Departmen
t's decision to disallow Program payments as described in Section II,B of this Contract.
is
Q. INDEPENDENT CAPACITY OF THE CONTRACTOR for the
agreed between the parties that the Contractor
by this
an
1.
In performance of this Contract, It I lile performance of all tasks contemplated
or subcontractors In performance this Contract,
independent contractor and that the. Contractor
of the Department.
Contract, which are not the exclusive Its
responsibility
employees, employee, or agentcofothe State of
2, ThepContractor, de officers, agents, Department unless
capacity of an Independent contractor and not as an officer,
Florida.shallact in the ont Y resent to others that It has the authority to bind the
FloriThe Contractor shallt not rep employees,subcontractorsperforming
specifically authorized in writing to do so. agents, and its eet as anot resuit entitled
of p to state
3.
The Contractor, its officers, g other compensation of state employ
be necessary to ensure that each
retirement benefits, state leave benefits, or to any
agrees to take such actions as may
the duties and obligations of this Contract.
q The Contractor tenant Contractor and will not be consideredor
joint venture, or partner of the State of Florida.
subcontractor of the Contractor
fnservant will be deemed to be an independent
permitted to be an agent, the Department.
R. TRAINING AThe SECURITY agrees to attend all meetings and training sessions required by p
1 The Contractor contain
reports, r bothd infFloridaandn whatever form, in e
cords contain information that i tscfofrmsntiap under Flrida federal law. e
2 CCFP re documents, Contractor agrees to maintain any and all records, protect the records.
a
the Contract for
secure location with access c thats is suecornsl. limited e to expressly
revisions thatsathel constitute or is acting pees and all ofshall:
Access to Records. It is expressly understood Contractor is on behalf the
or herein
3 Public to ce I with public record access P
D
which
and refusal may comply the Department in
Department unilaterally terminate pant of any requests i Therefore,
for public the records;
by
which the p Not grantn notify the Department ro ri approved
a' access to or release records of any nature until p p� Y
b. Not public access to all documents,
writing; When instructed pursuant to the terms of this Contract, allow p
requiredt by Article I,Sectiontic24, ms of all
State
c• protected from
Florida Statutes, 7 CFR §226 at no additional cor ostt adme inistrative a to Department;
papers, letters, or other magterials related to this Contract a Ulred by
Constitution and Chap
Maintain the confidentiality of all records req fees and
d.reasonable attorney
disclosure; Department harmless from any claim or damage including
Hold the Dep o a result of the Contractor's improper disclosure .of confidential
and records
e. fine penalty imposed as the imp same e the Contractor's s expense; whethercosts or pour any record or o Y Department against
public not aepartmlent access toanypaper or electronic records that contain data relevant to this
Allow the Department mf. anagement information or data.
Contract and associated many policy
non -pricing or pricing p Y
participation under either the non-p g without written
S. DESIGNATION OF NON -PRICING OR Pes RICING
POLICY
p its designated policy
1 The Contractor Program. The Contractor shall not change
on entry into the Prog artici ate under one of the following:
anted below upon A artment. The Contractor shall select and p P
approval from the Department. Policylisted on the Site Information
2. Ton-Pricingregardless r race,
Theon Contractor agrees that all children in attendance atno site(s)child in the course of the meal
a,are offered the same meal at alert separateecharge reg
Form(s) or disability, and there is no discrimination against and/or Provider Information Forms or disability. arsons directly connected with
color, sex, age, national origin, sex, age, national origin, information to p
service based on The Contractor agrees to limit access to eligibility
b.ant of the CCFP.
the administration and enforcement
3 Pricing Policy to charge separately for meaisv b hakfasttand nomore15 cearge nts fore es
•
The Contractor agreeso
a. rice lunch or supper, 30 cents for areduced-p `'P
40 cents for areduced-p rice meals to any child enrolled at the site(s)
reduced -price snack. agrees to serve free or reduced -price b.
The rmatr n F a9Food isAwithin
the Programure(federally known the
'on Form(s) whose household income falls within current Florida income Eligibility
benefits from the ies aknown
listed on the Site Information or Temporary' Assistant.. to Needy
Guidelines oral whose householdAssistance
b SNAP)
Supplemental Nutrition Assistant Program10
c. The Contractor agrees to provide these benefits to children from households that are experiencing
strikes, layoffs, and unemployment which causes the household income to fall within the criteria set forth in the
current income eligibility guidelines.
d. The Contractor agrees to collect meal payments outside'of the meal period in a manner that does
not identify the eligibility status of children receiving free or reduced -price meals to those not involved in the
collection of meal payments. To protect the anonymity of eligible children receiving free or reduced -price meals, one
of four methods will be used for collection: 1) daily collection at a designated time and place; 2) weekly collection at
a designated time and place; 3) monthly collection at a designated time and place; or 4) billing statement to
parents/participants.
e. The Contractor agrees that there will be no overt identification of free and reduced -price meal
recipients and no discrimination against any participants on the basis of race, color, national origin, sex, age, or
disability.
f. The Contractor agrees to implement the following policy in determining the eligibility of program
participants.
(1) The Contractor agrees to send to each household a Parent Letter and Application for
Free or Reduced -price Meals based on the samples and procedures provided by the Department. of Health.
Parents/Guardians will be requested to complete the Application and return it to the Contractor's or site's determining
official for review. Such -Applications will be maintained on file for three years after the end of the year in which they
pertain. Applications may be filed at any time during the year. Any family member enrolling a child in a site for the
first time, at any time during the year, will be supplied with such documents. If a child transfers•from one site to
another under the jurisdiction of the same contractor, the eligibility for free or reduced -price meals will be transferred.
All qualifying children from the same household will receive the same benefits. Within fourteen calendar days of
receipt of Applications, parents/guardians will be notified individually of the approval or denial of their Application.
Children will .be served meals based on eligibility category immediately upon the determination of their eligibility.
When an' Application is rejected, parents or guardians will be informed 'of the reason for.denial, the availability of a
hearing procedure, and the name and address of the designated hearing official.
• (2) The Contractor agrees to designate the administrative position responsible for reviewing
Applications and making determinations of .eligibility. This official will use the criteria outlined in this .policy to
determine which individual children are eligible to receive free or reduced -price meals.
g. The Contractor agrees to annually provide a public release containing information from the sample
to the media serving the area from which the center draws its attendance.
h. The Contractor agrees to establish an appeal and hearing procedure for use when participant
benefits are denied or terminated as a result of verification. During the appeal and hearing the child will continue to
receive free or reduced price meals. Prior to initiating the hearing procedure, the parent/guardian or local official will
be permitted to request a conference to discuss the situation, present information, and obtain an .explanation of
information submitted on the Application and decisions made. Such a conference will not in any way be allowed to
prejudice or diminish the right 10 a fair.hearing.
The hearing procedure will provide the household and/or designated representative with:
(1) A simple, publicly announced method to make an oral or written request for a hearing.
(2) An opportunity to be assisted or represented by an attorney or other person in -presenting
its appeal.
(3) An opportunity to examine, prior to and• during the hearing, any documents, and records
presented to support •the decision under appeal.
(4). A hearing held with reasonable promptness and convenience, and with adequate • notice .
given as to the time and place of the hearing.
(5) An opportunity to present oral or documentary evidence and to make an argument that
supports its position.
(6) An opportunity to question or refute any testimony or other evidence and to confront and
cross-examine any adverse witnesses.
(7) A hearing conducted and the final determination made by a hearing official who did not
participate in making the decision being appealed or in any previously held conference.
(8) A determination by the hearing official based on the .oral and documentary evidence
presented at the hearing and made a part of the hearing record.
(9) Written notification of the decision of the hearing official.
j. The Contractor agrees to prepare a written record for each hearing, which includes the challenge.
or the decision under appeal, any documentary evidence and a summary of any oral testimony presented of the
hearing, the decision of the hearing official, including the reasons therefore, and a copy of the notification to the
parties concerned with the decision of the hearing official.
k. The Contractor agrees to preserve a written record of each hearing for a period of three years and
make available for examination by the parties concerned or their representatives at any reasonable time and .place
during the period.
T. MEET ADDITIONAL REQUIREMENTS WHEN SERVING AS A SPONSOR
1. Comply with all CCFP requirements relevant to its function as a Sponsor Organization;
2. Conduct all Administrative Reviews for suspension and/or disqualification consistent with the
requirements of 7 CFR §226 and applicable procedure manuals and Department requirements;
Incrementally report the result of all reviews to the Department as instructed;
4. Reopen administrative reviews when the Department so directs and conduct such reviews in
compliance with 7 CFR §226 and the Department's instructions;
itate the issue of a formal
5. Record the reopened administrative resolut on of ideflclenclos the Depertmentridentlfiesfinding
and
forward that finding to the parties and Deprtment in
U. CONTRACT AMENDMENT PROCEDURES
a, The Department shall have the right to amend the Contract from time to time as required under the
1. Contract Amendment
d
Program's regulations or for operational necessity.
b. Such amendment, executed by t
no later t 2Depar of receipt shall bef amendment:
to the Contractor's last reporte
mailing address. () ContSignothe ar mendment and return a copy to the Department; or
(2) Provide the Department written notice of its tne tent to withdraw from the Program.
c. Amendments to the Contract shall be effective upon
of:
(1) 30 days after receipt of the amendment; or
(2) 35 days after the Notice of Amendment is mailed to the Contractor.
The Amendment shall be adopted by reference into the original Contract and considered effective
d. against all parties at the endthe applicable 30 day period unteas:
(1) The Contractor submits written notice of objection to the amendment and Its Intent o
withdraw from the (2) gram within 30 drtta enbwithdrawsceipt fthe amendment; the amendment, or •
The Depa m
a.
2. The Contractor shall. the Department by not objecting within 30
Elect to comply with the contract amendments issued by
b.Provide de written notice of objection and withdrawal from the Program to the Department within the
days from the date of receipt of the. proposed amendment; or
earlier of:
ritten notice of contract amendment; or
(1) 30 days from the date of the receipt of th
e w
(2) 35 days after the Department malls the Contractor notice of the contract amendment.
V. FOOD SAFETY AND SANITATION REQUIREMENTS
y
1.
The Contractor hereby expressly agrees that the olocal,rstat ll only claarl health andisafety
approvedreimbursement for those meals that are served according to applicable
requirements.
2. agrees that it understands that its participaocal,c t child
The terms and conditions of this Contract shall in no fashion be used for purposes other than
participation in theeresponsible
The Cr any additional
hereby further ag child care tity with a food permitdbyor formal
facilities are solely responsible for any additional iicensure or certifications that may be required by
federal authority. The terms of this Contract do not provide any
comI with all food safety and sanitation requirements as
approval for Its food preparation facility or operation.
3. Participating cheda�ationecooking are cnters uand/or st serving of meals.
they apply to the food storage, p P
II. THE DEPARTMENT AGREES TO:
A. PROVIDE AUTHORIZED REIMBURSEMENT
applicable rules,
costs
he
Reimburse the Contractor frocedures,4 and/or manuals.nd other allowable Claims ; or s fu
rther
ubur me tnot
filed
with the
regulations, atmest c 0 daysinstructions, policies, pallbe from USDA,lowedgrant
Department within though is not required to, at its sole ose of the nd discretion and with claimany necessary approval
an exception
may,Payrnent of any late claims is subject to availability of funds.
an exception to this requirement.
terms of this Contract, or any ION policies, instructions, procedures, or
B. - PROVIDE REQUIRED PROCEDURE FOR REVIEW OF ADMINISTRATIVE ACTION
Should the Contractor violate any governing the program, and as a result, the Department acts to withhold
in the program, the Contractor shall be informed of its
manuals, or the -rules, or tregulations the and laws
funds l rights.o restrict or timely
request foranappeal, participation
appeal bUpon timely req
the Contractor shall be accorded an administrative review only if
required by federal law pursuant to Title 7 Code of Federal Regulations Part 226.
C. CONDUCT PERIODIC INSPECTION AND REPORTS
a era, documents,
goodsfa
of the
and services which are relevant to this Contract nvanand/or interview
anyt shall
To inspect or evaluate thContractor's records (including electronic storage media), p
Contractor's
and/or nts or employees.
Contractor's Upon completion of any such inspection Department's event shalt
Contracthr's clients or A ort shall describe the Dep
ation
provide the Contractor a written report of its findings. The written report
of the Contractor's performance of its responsibilities and obligations as outlined in this Contract.
D. SPECIFY IN WRITING WHEN RESPONSE TO DEFICIENCIES ARE DUE provide the Contractor a
To provide the Contractor a written feWhenrt lits findings and a date certain appl cable, the Department shall alsowhich
ts ittene Contractor must
p
written
a writtenoSerious e actionnplan (CAP).
written Notice of.Serious Deficiency with a date certain by which the Contractor must provide
E. NOTIFY CONTRACTOR ff ctor D CISION IN WRITING
notice of the acceptance or rejection of the Contractor's CAP. The
To provide the Con
nanartm ant shall issue written notice to the last 2 ported address for the Contractor and those responsible
individuals and responsible principals described in the applicable governing regulation and procedure manuals when
the rejection of a CAP requires termination of this Contract and disqualification of the Contractor and responsible
individuals and responsible principals.
I11. THE DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE:
A. DEFINITION OF TERM
• The parties hereby agree that the term conviction shall mean having been found guilty, with or without
adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
B. EFFECTIVE AND ENDING DATES
This .shall be a permanent contract as of the date on which the Contract has been signed by both parties,
pursuant to Title 7 Code of Federal Regulations Part 226.11. The Contractor shall provide annual confirmation of
compliance and all other records required pursuant to this Contract and notice issued by the Department.
C. CONTRACT IS LEGAL BINDING AGREEMENT
This Contract is a legal binding agreement between the Contractor and the Department. Consistent with
the requirements of 7 CFR §226.6(b)(4), the terms of this Contract are applied uniformly throughout the state .and
are not subject to negotiation. The entire contract between the parties shall be in writing and be subject to the
contract amendment procedure described in this Contract.
D. CONDITIONAL CONTRACT
1. The parties intend this Contract 'to be conditioned upon the Contractor remaining eligible to
participate in the CCFP. The requirements in this section apply if this Contract is being entered into during a,period
in which the .Department has notified the Contractor that it intends to terminate the Contractor's current CCFP
Contract......
2. The Parties hereby agree that should the Contractor choose to appeal a decision of the
Department and request an administrative hearing, that hearing shall occur in sufficient time to permit the issue of a
Final Order in the case within 60 days of thedate the Department receives the Contractor's request for hearing.
Such determination shall be exclusively that of the Administrative Review Official (ARO) responsible for the appeal.
The Contractor hereby agrees to cooperate in the efficient administration of the hearing process and that no
continuance shall be requested nor granted that would require the Department to exceed the .60 day limitation of this
clause and 7 CFR §226.6(k)(5)(ix).
a. The Contractor agrees to provide an authorized representative to represent the interests of the
institution and/or his or her interests should the Contractor request an in person hearing and subsequently be unable
to attend in sufficient time to permit the issue of a Final Order within the 60 day limitation of 7 CFR 226.6(k)(5)(ix).
b. Should the Contractor request an in person hearing and be unable to attend and fails to nominate
an authorized representative to attend in their place, the Contractor shall waive the right to personal appearance and
the requested administrative review and the Department's action shall become final.
c. A Final Order shall be issued upon conclusion of the administrative review to occur no later than
60 days of the Department's receipt of the Petitioner's request for the administrative review. .Such timeframe is an
administrative requirement for the Department and may not be used as a basis for overturning the Departments
action if a decision is not made within the specified timeframe.
3....If the ARO upholds the Department's current intendedaction to terminate the Contract with the
Contractor, the following additional potential results shall apply:
• a. This current Contract shall be terminated upon the date of the Final Order, in the administrative
case without further action or notification by the CCFP;
b. Consistent with the ARO's Final Order the Contractor and each named responsible individual and
responsible principal shall be disqualified from further participation in the CCFP and each name shall be entered on
the USDA National Disqualified List. Those named parties shall be precluded from further participation in the CCFP
for a period of seven years or until any funds due the Department are repaid, whichever occurs later; and
c. Claims for goods or services provided after therendition of the Final Order shall not be payable.
Necessary and reasonable costs of ceasing CCFP participation may be reimbursable, conditioned 'upon submission
of required documentation and Department approval of those costs. However, the Department shall offset
reimbursement for allowed close-out costs against any outstanding CCFP debt the Contractor may owe as of the
date of the Final Order.
4. The termination of this Contract upon rendition of a Final Order shall not be automatically stayed
pending any appeal of or challenge to the Final Order.
a. Such Stay may only be obtained by filing a Motion for Stay Pending Appeal with the ARO. If the
Motion for Stay is granted, the Contractor shall be permitted to continue to participate and receive CCFP
reimbursement for eligible meals served, and allowable administrative costs incurred until the time for appeal has
expired, the administrative review is completed, or the appeal is dismissed. The Contractor shall waive its right to
seek such Stay if it fails to file a Motion for Stay within the period authorized in Sec. 120.68, F.S.
b. The Contractor shall waive its right to appeal the Final Order if it fails to file one copy of a Notice of
Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees
required by law, with the First District Court of Appeal, Tallahassee, Florida. The Notice of Appeal must be filed
within 30 days of the rendition of the ARO's Final Order.
o..,.;.....+ cis n.s
E. PROCEDURES AND NOTICES BENT TO CONTRACTOR'S ADDRESS OF RECORD the Department
1. All written notices descrtricipagan tion shall be malon oleddor taken to the Latest addresss on file with
Th Contractor's is CCFP reimbursement ocurrent
participation
The Contractor shall ensurethatits that the treet and Department mailingaddresses
consider all noticeseaslth the Department at all rece received by the Contractor times.
and
2. The parties agree five days after being sent to the last address the Contractor
its responsible principal(s) and responsible individual(s) Y
reported to the Department.
applicableWS state and federal laws, regulations and policies does not
F. TheePONuIe of TO OBSERVE Contract ALLGOVERNINGLAWS
failure of this to cite all applicable requirements specified in state and federal laws,
waive the Contractor's responsibility to comply with all
regulations, and policy.
G. NON -WAIVER
1. The Department shall have the right to declare any violation, deficiency, or default and take such
ror i nlon, condition or covenant in this Contract shell not be
action as may be lawful or authorizedihereunder, n any t inlaw or in equity.
2.• A Department waiver of term, p other term, provision, condition or covenant hereof,
deemed to imply or constitute a further Department waiver of any
and no payment by the Department shall be deemed a wairevat a ver of any default hereunder.
3, The Department and Contractor exp Y nee that the Department's failure to declare any g
violation, deficiency or default immediately on occurrence,or
or
failure to take any action in connection with that
occurrence, does not waive such violation, deficiency,
y. CONTRACTOR'S NOTIFICATION OF RESPONSIBLE PARTIES
1. Pursuant to 7 CFR §226, the Contractor's e responsible
po e lbl Director/CEO, Chairmanoftble Board and Board
including but not limited to the CCFP Manager, Owner(s), Executive
Dir pursuant to the terms of this Contract. These named
Members, may become parties to a disqualification proceeding
parties are defined in 7 CFR §226.2, which shall control which individuals shall be named parties in any
disqualification proceeding.
2. The Contractor , Chairman of the Board,others Board Contract, it
and inform
anyits
other CCFP
responsible
Ownerals Executiveresponsible
s bte ndCEO,art to a id or volunvoluntary
principals and responsible individuals thorganization,
of
to becoming9la individual
t Ala comply disqualification
with the
participation non in the tractor or's ergan
proceeding. The Contractor shall ensure that all responsible principals and responsible
terms of this Contract and all governing requirements listed herein.
3. The. Department agrees that upon the determination of a serious deficiency, it shall notify the
Contractor's responsible principals and applicable responsible individuals of the cited deficiencies.
( CONDITIONS OF TERMINATION be terminated without cause upon no Said noticeless than sirty hall 1.0)
Termination at Will. This Contract a may
to between the parties in writing. proofith e
calendared days notice in ransm unless a lesser timed is -agreed
f
delivered by facsimile transmission, email, certified mail -return receipt requestel d, compensatedor in person 1for approved
delivery.•
a. In the event termination of this Contract at will, the Contractor w
Program costs lawfully incurred prior to termination:
The Contractor shall be permitted to voluntarily terminate this Contract after the date the
b.Hresult in the
processs self
and therefore may
ermination
Department issues a Notice of Snot die ontinue the serious deficiency rover, the beingomayontth the
under such theircomsacncea does not d
DA
_names of Contractor and its responsible principal(s) and responsible individual(s) placed
National Disqualified List.
2. Termination Because Lack Contact Funds.
uponlno less than twenty-four funds
fourr (24) hours notice intbecome
writ writing to
unavailable, the Department mayshall
beterminate-the
The Department shall be the final authority as to the availability and
the Contractor. Said notice shallobf deedVery red by facsimile transmission, email,. certified mail - return receipt
requested, or in person with proof
s
adequacy of funds.
3. Termination for Cause. The Department mayf the mina e this Cofietractts identified abut not lr cause fr the imited to,'
noncompliance with any provision of this Contract or for any o
those in Attachment 1. permanent unless either the Department or Contractor takes the
edesignatedother
•
4 The Contract shall be pe__.
additional actions described in this e Contract.
reccntract may be e pt of the Contracfor s written noticeof otherwise prohibited
-- provlsioris•of"th'is-Coritr:acl; upon P •
a. Objection to a Contract Amendment; and
b. Election to withdraw from the
Program within 30 days of receipt of the Departments' written
notification of a proposed amendment to the Contract.
J. ENFOR
1.
applicable law.
instructions, or
force and effect
CEMENT
Each provision oflhis Crrrttract"shall"be interpreted mCCu0hrules�egutabons, pollicies,dprolcedu procedures,
If any term or provision of the Contract or of any
manuals is found to be illegal or unenforceable,
stn f orceable, the remainder of the Contract shall remain in full
and such term or provision
shall 14
2. Subsequent to execution of this Contract, if a direct conflict between the terms of this Contract and
Federal Program requirements stated in Title 7 Code of Federal Regulations Part 226 and associated Program
regulation and policy occurs, such conflict shall be resolved in favor of the current Federal Program requirement for
only those parts of this Contract's requirements in direct conflict with Federal Program requirements. All other
provisions shall remain unchanged.
K. EXCLUSIVE VENUE PROVISION
1. 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 to this Contract shall be Leon County, Florida to the exclusion of all other
courts and jurisdictions.
2. Any action regarding this Contract or the application of state or federal law to any dispute between
the parties to this Contract shall be brought to the Department for an administrative hearing that shall be
conducted in Leon County, .Florida to the exclusion of all other courts and jurisdictions.
3. Any non -administrative action regarding this Contract or the application of state or.federal law to
any dispute between the parties to this Contract shall be conducted in Leon County, Florida to the exclusion
of all other courts and jurisdictions.
4. Any appeal of a lower court or administrative hearing shall be.to the First District Court of Appeal, in Leon County, Honda to the exclusion of all othercourts and jurisdictions.
L. ENTIRE CONTRACT; AMENDMENTS
1. This Contract constitutes the entire Contract between the parties.
2. The Contract may be amended only by:
a. The Department issuance of an amendment; and
b. Expiration of time for. the Contractor to reject an amendment and withdraw from the Program•as
described in the Contract.
3. • Amendments issued by the Department and accepted by the Contractor consistent with the terms
of the Contract shall take precedence over any ten-ns or conditions in the original Contract unless expressly stated
otherwise in the Amendment.
M. CONSTRUCTION OR INTERPRETATION OF CONTRACT
1. Whenever possible, each provision of this Contract shall be interpreted in such a way as to be
effective and valid under applicable law. If a provision is found to be ineffective, that provision shall be ineffective
only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Contract.
2. Titles and Headings. Titles and headings to articles, sections, or paragraphs in this Contract are
inserted for convenience of reference only and are not intended to effect the interpretation or construction of the
Contract.
3. Remedies Cumulative. The remedies provided in this Contract shall be cumulative, and the
assertion by any party of any right or remedy shall not preclude the assertion by such party .of any other rights or the
seeking of any other remedies.
4. Conflict between This Contract and Federal Program Requirements.
a. The terms of this Contract shall govern the conduct of the parties;
• b. Any direct conflict between the terms of this Contract and CCFP Federal Program requirements stated in
7 CFR §226 and associated Program regulations and policies shall be resolved in favor of the current Federal
Program requirement for only those parts of this Contract's requirements in direct conflict with. Federal Program
requirements. All other provisions shall remain unchanged.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Revised 6/2011
c ru FEuR_E PAC -kg
As the Contractor's authorized representative empowered to commit to the terms of this Contract,
Ihave been
Floridah an
pressry advis
ed to seek legal advice regarding the terms of hindivis'Contract wttnterests of associated attorney
iii ensed in theindi to of
Department or its agents regarding this Contra t an d the
als
Frepresenting the interests of the corporation and/orresent. Ihave considered seeking appropriate named herein, Ihave notorelied upon anye advice empowered to rep a
legal e.1rights fore re myself othose whooI am amp
advice. I have read the above Contract and understand each section and paragraph. self and those who I am
Bypo 9agree to notify the Contractor's responsible principals and responsible
signature I eoknnwleegprhssly enter into this Contract freely Director/CEO, behalf.
Chairman of the Board,
empowered including repreaeExecutive D aroing the er Board is
Members ando the CCFP Manager, orin ipalsOwna s),
Members, and any other responsible principals and responsible individuals of their liability rag
compliance with this Contract.
Contract and Its subjec�attachment�o be
INA WITNESS THEREOe, the ndtAt hereoo have dopsed this 16 page
Attachment 1, Attachment 2, and Attachment 3, adopted and incorporated into this Contract b reference,
executed by their undersigned official as duly authorized.
CONTRACTOR:
A-2384
(Authorization Number)
Cit of Miami —parks and Recreation
(Legal Name of Organization)
(D/B/A Name)
W 2nd Avsnue
(Address)
31
EE ATTACHED SIGNATURE SHEET
SIGNATURE of Chairman of the Board,
President, Executive Director, Majority Owner,
or Delegated Authority
PRINTED NAME:
TITLE:
DATE. _---
,cf -c:\
m BUREAU OF 1i'\\
CNILDCAAE.;,,:i )
NOV 2011 w
Atl, GRAMS
p "TA FL i
T
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
•
Maria Williamson, Chief,
Bureau of Childcare Food Programs
DATE: /
16
CITY OF MIAMI, a Florida Municipal Corporation
By:
Jo ay Marti -z, City anager
Date:
Attest:
By
j/4-81
Priscilla A. Thompson, City Cleilc
Date: / " 74/
Approved as to Form and Correctness:
By:
:Tub Bru, Cite kttorne3A
Date: /7 c 7b i
Approved as to Insurance .equ'rffments:
By:
Calvin "Ellis, ' 'sk M•nagement
Date: /0 M r l�
Authorized by Miami City Commission Resolution No. R-11-0373. adopted September 27.
2011. (Copy Attached)
FLORIDA DENARTNIDNT OF k�
/fTATrJrf
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
ATTACHMENT 1
COMMON EXAMPLES.OF SERIOUS DEFICIENCIES
This attachment incorporates the most common examples of serious deficiencies listed'in Title 7 Code of Federal
Regulations Part 226 and provides example descriptions of non-compliance with program requirements. The list of
deficiencies shall be updated from time to time in contract amendment pursuant to the terms of this Contract.
Contractors who commit or engage in any serious deficiencies described in the federal and state laws, regulations,
procedure manuals and policies shown in Section I of this Contract, including but not limited to those incorporated
herein, shall be subject to termination and disqualification from the Child Care Food Program (CCFP).
1. Submission of false information to the Department and/or filing claims based on false or fraudulent
records
• Failure to disclose ineligible officers, directors, key employees
• Listing fictitious employees/officers/board members on an application
• Claiming tax-exempt status when denied, rescinded, or in any fashion no longer available
• Submitting the IRS tax-exempt determination letter of a different or defunct organization •
• Concealing a conviction for any activity occurring during theprevious seven years that indicates a lack of
business integrity
• Falsification of documentation to support claims
• Falsification of information or documents in order to obtain. and/or maintain CCFP participation
2. Permitting an individual on the USDA National Disqualified List to serve in a principal capacity with the
Contractor or at a site sponsored by the Contractor
3. Failure to operate the CCFP in conformance with performance standards established in Title 7 Code of
Federal Regulations Part 226.6(b)(2)(vil), regarding financial viability -and financial management,
administrative capability, and program accountability
• Failure to ensure provision of adequate financial resources for daily program operations .........
• Failure to maintain adequate funds to withstand temporary interruptions in program payments and/or fiscal
claims against the Contractor
• Failure to maintain an adequate number and type of qualified staff to ensure proper CCFP operations
• Failure to establish and implement intemal controls and other systems to ensure fiscal accountability
•
Failure of the Board of Directors to provide adequate program oversight
4. Failure to maintain adequate records
• Failure to maintain appropriate records to document compliance with CCFP requirements including
budgets,. approved budget amendments, and when applicable, management plans and records pertaining
to facility operations
Consistently missing/incomplete records during different reviews, complaint investigations, or audits
Missing/incomplete/incorrect invoices, receipts, canceled checks, inventories resulting in
false/inflated/unsubstantiated claimed costs
• Cost records not maintained according to generally accepted accounting principles resulting in
false/inflated/unsubstantiated claimed costs
5. Failure to adjust catered meal orders to conform to variations in the number of participants
• Claiming meals based on the number of meals ordered/planned or the number of participants on the center
roster, rather than the number of meals actually served
6. Non-compliance with applicable bid procedures and contract requirements of federal Child Nutrition
Programs
• Failure to competitively procure goods and services
• Anti -competitive practices, such as collusion, kickbacks, conflicts of interest
• Inclusion of non-competitive provisions in a bid, e.g., "successful bidder for a contract to provide meals
must establish a scholarship fund"
Ra,fienrl R/9M
Child Care Food Program Permanent Contract
Attachment 1, Page 2
7. Claiming reimbursement for meals not served to participants
•
• Claiming meals delivered or planned for as meals served to o articfor ai particular meal
pants
• Claiming meals for participants not present on a given day
• Claiming meals served to non-existent children
• Claiming meals served to non -enrolled children or to staff
• Inflating meat counts facilities
• Claiming nonexistent and non -participating
.. Claiming meals for ineligible facilities
• Claiming dual participating facilities
• Claiming the same participant for the same meal at more than one facility
8. Claiming reirribursement for meals that do not meet CCFP requirements
g, Use of a food service management company (caterer) that is in violation of health codes
10. Failure of a sponsoring organization to disburse payments to Its facilities in accordance with its
management plan andlor CCFP requirements
• Payments sent without endorsements or otherwise incomplete
• • Payments made for other than the full amount the supplying facility or vendor is entitled to
Payments made to a facility other than the facility that eamed the payment
p permission of the facility
deposits not initiated within 5 day timeframe of receipt of associated
• Payments made to an entity/person other than the facility without express written p
Checks not mailed or direct thereafter time frame
• reimbursement from the Department or first business
to daythereafter
after facility bank account within 5 day
Failure to ransfer full full
ot y payments
or failure to maintain full amount of facility facilitypayments in advances commingled bank account until checks clear
Using facility reimbursement funds to paydaycare homes
•• Using day care home funds to pay sponsored centers or center funds topan the CCFP Budget
• Retaining sponsored center funds in excess of the percentage approved
11. History of administrative or financial mismanagement in any USDA child nutrition program
Fod Service Program, National School Lunch
•
Institution left another child nutrition program (e.g,
Summer Food
in its operation
Program, etc.) because of a serious documented problemapplies
• Failure to maintain required corrective actions art of the CCFP (child care center for example)
Institution terminated for serious deficiency in one p
to administer a different part (day care homes for example)
proprietary
a ro rietary child care center during a calendar month in
12. Claiming reimbursement for meals served by it
which the center does not meet Title nn eligibility requirements or Free and Reduced eligibility
requirements, as applicable I
13. Failure by a sponsoring organization to properly classify individuals or homes in the correct
reimbursement category
14. Failure of a sponsoring organization to properly exercise its oversight responsibilities
• Failure to adequately monitor
• Failure to require full, permanent, and systemic corrective actions• providers when issues of noncompliance
Failure to impose sanctions on centers, sites, or daycare home p
are identified• sus ension, Termination, disqualification and appeal procedures, as
Failure to follow serious deficiency, P
applicable
5. The fact that the Contractor or any of its principals have been declared ineligible to participate in a
1 ' requirements
publicly funded program due to violating that programs
18
Child Care Food Program Permanent Contract
Attachment 1, Page 3
16. Failure to make payment(s) to subcontractor(s) for program services rendered
• Payments made for other than the full amount the subcontractor is entitled to
• Checks not mailed within 5 business days after receipt of reimbursement or first business day thereafter
• Using reimbursement funds claimed for subcontractor costs for purposes other than to make payment debt
used to support the claim for reimbursement.
• Failure to make all reimbursement payments to subcontractors subsequent to the voluntary or involuntary
termination of this Contract
• Failure to pay all outstanding debts incurred and claimed as part of the CCFP claims the Contractor
submitted
17. The following acts or omissions are also serious deficiencies:
• Failure to retain and matte available all records required under this Contract to the Department or
appropriately designated entity
• Failure to make records associated with the CCFP available upon request at a reasonable time and place
• Failure to maintain current licensure requirements
• Misuse of CCFP funds
• Serious mismanagement (e.g. failure to monitor properly)
• Failure to obtain a required audit.and/or submit audit reports to the Department within required time frames
• Failure to notify the Department of change in IRS status
• Violations of IRS regulations
• Failure to remit periodic payments (required by statute or regulation) to regulatory agencies (e.g. employee
withholding for income taxes, social security, unemployment compensation)
• Failure to implement corrective action(s) within required timeframes
• Failure to follow-up/require and maintain corrective action for facility review findings
• Creating fictitious records
• Failure to make required repayment of program funds to the Department
• Failure to comply with state incorporation requirements
• Paying employees salaries based on the number of homes/centers recruited; paying recruitment bounties
• or bonuses
• Failure to attend training required by the Department
• interfering or obstructing a Department on -site or program review of the Contractor's performance under the
terms of. this Contract
• Failure to immediately remove a responsible principal or responsible individual, an officer, executive
director, CCFP manager, another manager or member of the board upon the individual's conviction for any
activity that indicates a lack of business integrity as defined in Title 7 CFR §226 and to include fraud,
antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, obstruction of justice, tax evasion, tax fraud,
failing to file tax returns, passing worthless checks, submission of false or fraudulent information to a state
or federal agency, and penury or any other activity indicating e lack of business integrity
• Failure to comply with the terms of this Contract which shall be identified as a failure to operate the
Program in conformance with the performance standards set forth in Title 7 Code of Federal Regulations
Part 226.6(b)(1)(xvii) and (b)(2)(vii)
• Failure to obtain Department approval prior to entering into a CCFP related subcontract subsequent to .
execution of the Permanent Contract between the Contractor and Department
• Failure of a participating child care center to comply with all food safety and sanitation requirements
required of that facility as they apply to food storage, preparation, cooking and/or serving of meals
• Simultaneously performing services under this Contract and also operating as a registered caterer with the
Florida Department of Health selling catered meals to unaffiliated or affiliated CCFP Contractors and/or
facilities
• Failure of a Contractor authorized individual to acknowledge site review findings by providing an authorized
signature and/or written exceptions to findings on the site review form upon completion of the site review
18. Failure to comply with any other financial and/or administrative requirements of Title 7 Code of Federal
Regulations, Parts 226; 3015; 3016; 3019; and 3052, and/or failure to comply with applicable federal or
Department of Health CCFP rules, regulations, policies, instructions, procedures and/or manuals
FLORIDA DEPARTMFNr OP 1
IHEALTI�i
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
ATTACHMENT 2
SERIOUS DEFICIENCY PROCESS AND ADMINISTRATIVE REVIEW PROCEDURES
All Contractors are required to. abide by the requirements set forth in Title 7 Code of Federal Regulations Part 226.
All notices of serious deficiency, notices of proposed termination and notices of proposed suspension shall be
provided by the Department to the Contractor and its executive director/CEO, owner(s), CCFP manager, chairman of
the board of directors and other responsible principals or responsible individuals, as applicable, by facsimile
transmission, e-mall, certified mall or equivalent delivery service.
If the Department determines that a contractor has failed to comply with a requirement of Title 7 Code of Federal
Regulations Parts 226, 3015, 3016, 3019, 3052 and/or FNS Financial Management Instruction 796-2, Revision 3 and
subsequent revisions, which constitute a serious deficiency, the Department shall issue a Notice • of Serious
Deficiency that specifies the serious deficiency or deficiencies and provides a date certain by -which the Contractor
shall file a corrective.action plan with the Department.
If the corrective action plan is timely filed and is acceptable to the Department, the Department will conduct an :
unannounced follow-up review of the Contractor. • If the follow-up review establishes that the, serious deficiencies
noted in the Notice of Serious Deficiency appear to have been fully and permanently corrected, the Department will so notify the Contractor. If the follow-up review does not establish that the serious deficiencies have been fully and
permanently corrected the Department may issue a Notice of Proposed Termination and Disqualification of
Responsible Principals and Responsible individuals or the Department may choose to permit additional time to file or
amend a corrective action plan.
If the corrective action plan is not timely filed, the Department may take one of two actions. The Department may
grant additional time to file or amend a corrective action plan. The Department may, alternatively, at its election
issue a Notice of Proposed Termination and Disqualification of Responsible Principals and Responsible Individuals.
If the corrective action plan is not acceptable to the Department it may take one of two actions. The Department
may issue a Notice of Proposed Termination and Disqualification of Responsible Principals and Responsible •
Individuals. The Department may also elect to conduct an unannounced follow-up review of the Contractor. During
that review the Department shall determine if it shall grant the Contractor additional time to file: or amend a corrective action plan. Alternatively, the Department -may choose to proceed to issue a Notice of Proposed Termination and
Disqualification of Responsible Principals and Responsible Individuals.
If any program review identifies the same or. substantially the same serious deficiencies after a Notice of Serious
Deficiency is temporarily deferred, the Department shall issue a Notice of Proposed Termination and Disqualification
of Responsible Principals and Responsible Individuals since the previous serious deficiency(s) was not fully and
permanently corrected.
If the Department determines. that a contractor has filed a false or fraudulent claim, or if the Department determines
that there is an imminent threat to the health or safety of program participants, or that the Contractor poses a threat
to public health or safety, the Department may issue a Notice of Proposed Suspension and shall provide notice of
the procedures for suspension review. In any such event, the Department shall propose termination and
disqualification and provide notice of procedures for administrative review.
Administrative Review Rights
The Contractor is not entitled to administrative review of a Notice of Serious Deficiency. The Contractor is
entitled to administrative review of other Department actions, as provided by Title 7 Code of Federal Regulations
Part 226, which affect the Contractor's participation or reimbursements in the Child Care Food Program, including
but not limited to proposed termination and disqualification. To obtain an administrative review, the Contractor
and/or responsible principals or responsible individuals must request it in writing within 15 days of receipt of the
Department's notice. The written request must be received by the Department of Health Agency Clerk, Sam Power,
4052 Bald Cypress Way, Bin No. A-02, Tallahassee, Florida 32399-1703; telephone number 850-245-4005,
facsimile number 850-410-1448, within the time permitted.
If no written request is submitted or if the written request is not received within 15 days of the Department's notice,
then the Department's proposed action against the Contractor, responsible principals and responsible individuals
shall no longer be subject to administrative review and the proposed action will become effective. The Agency Clerk
will acknowledge receipt of the request for administrative review within 10. days and, if the request was timely filed,
Revised 6/2011
20
Child Care Food Program Permanent Contract
Attachment 2, Page 2
If the request for administrative
review
that not timely
slynoled, the
we appoint an adminify theve review official (ARO). If
principals and responsible
ger
Department shall notify Contractorr, action has now taken effect.
authorized and that the Department's proposed individuals must
responsible principals, and responsible
s after receipt of the
Department action no later than
submit documentationaySafter
in support e
If a timely written request is submitted,
ibit} dtheh proposed e CContractor, res Department may
f
submit documentation in opposition
its action
within's notice ythe administrative of the Contractor's request official. The
sative review.
. the administrative
and the Contractor.
uest for administrative review. The administrative review officialwill
n
o consider
15 daysproposed actions based upon
consider the Department's
or or a responsible principal or Individual requests sucher a
held in addition •to, or in lieu of, a review of written information only If It is not excluded by Title A hearing bill be h and the Contractor Codeeof Federal Regulationsqua 226.6(k)(9) prudent person
Bide in the initial written request for dible,ltrustworthyreview.
and woulda reasonably be eel relied upon by a p
y
hearingart may be represented by counsel, If a hearingeiis
evidence nhut he or shed hr er normal daily
ail
and may cross examine wttnesaes. Witnesses may ve form. testify
in the conduct oertiesomayrcalolrwltnessiesaotltetatlfy dither party
permitted to testify in y adm
requested, the p
telephone and may official
sworn over and telephone and may not used as
days of the Department's receipt of a timely filed written
request
foriad iniew Live e will issue a decision within 60 r mfie t and mayam
abu est administrative review, which is an administrative requirement for the Department and
a basis for overturning the Department's action if a decision is not made within that
agrees to cooperate in the
226, the Contractor that would
processef
and that no continuance shall be requested nor granted
Consistent with the terms of this Contract and 7 CFR
require
h -administration Dpeof the heating
uire the Department to exceed the 60 day limitation of this clause and 7 CFP.In} re 6s of the(institution and/or his
req resent the
The Contractor agrees to provide ct authorized representative ri g p
arson hearing and subsequently be unable
5 IXttend in
Should the
sr her interests should the Conuractor renaest de in prequested administrative
time tobe unable to attend and fails to nominate an authorized representative
sufficientpermit the issue of a Final Order within the 60 day limitation of 7 C and the 6( )(
to atarson hearing andpersonal appearance
Contractor request an in p
roe iew a in the iDepartment s action tshall become finor s.hall waive al fight to p�
review
individuals. The termination of this Contractao peon rendition Such tay
ve review official's determination is thedfinal administrative determinationtobe afforded to the
The administrate responsible principals and responsible i
institution Final and Ystayed ending any appeal of or challenge to the ranted, the
filing a Motion for Stay Pending.Appeal with the ARO. If the Motion for Stayis g
a Order shall not be automatically p
may only rbobtained by g and receive Program
reimbursement
ant for administrative eligible ev ew is
serveContrd, and shall beallowable
permitted to continue incurred toparticipate if it fails tos file a Motion
review
served, althea appeal administrative id°The Contractor tshall twave its right to seek such Stay
completed, or the
for Stay within the period authorized in Sec. 120.68, F.S. with the
The Contractor shall waive its right to appeal the Final Order if it fails to file one copy
of a Notice of Appeal
s required
ith
De artment of Health and a second copy, accompanied emus y the
Bled no ffeehin 30 iredsby haw,the (with
Agency Clerk of the P eal, Tallahassee, Florida, The Notice of App
the First District Court of App
of the ARO's Final Order. Disqualified List
USDA National
responsible principals and responsible individuals do not timely request administrative review or if
administrativethe
re Food
If a Contractor, rvie u holds the Department's proposed action for disqualification from laced ondt Ca National
Prormereview P responsible. principals and responsible individuals will be p
Disqualified
the Contractor andlor States
Agriculture and will be prohibited from participating in the Child
Disqualified List with the Unieed°dSof sevDenpyearsUtAddionally,
of if a contractor, respo sibl pri n ipal, r relist onil the
e
Care Food Program for e P debts owed under the Child Care Food Program, they
will individual has failed
to repay
debt has been repaid.
21
F.�1
LORJDA DEPARTMENT OF i J
1HEALT
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
ATTACHMENT 3
FINANCIAL AND COMPLIANCE AUDITS
The administration of resources awarded by the Department of Health to the Contractor may be subject to audits
and/or monitoring by the Department of Health, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97,
F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department of
Health staff or contracted entities on behalf of:the Department, limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and
cooperate With any monitoring procedures/processes deemed appropriate by the Department of Health. In the event
the Department of Health determines that a limited scope audit of the Contractor is appropriate, the Contractor
agrees to comply with any additional instructions provided by the Department of Health 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 Chief Financial Officer (CFO) or Auditor General.
AUDITS
1. In the event that the Contractor expends $500,000 or more in Federal awards during 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 resources received from the
Department of Health. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by
the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in subparagraph 1 of this section, the Contractor shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
3, 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 resources (i.e., the cost of such audit must be paid from Contractor resources
obtained from other than Federal entities.)
4. An audit conducted in accordance with this part shall cover the entire organization for the organization's
fiscal year. Compliance findings related to agreements or contracts with the Department of Health shall be
based on the agreement's or contract's requirements, including any rules, regulations, or statutes
referenced in the contract or agreement. The financial statements shall disclose whether or not the
matching requirement was met for each applicable contract or agreement. All questioned costs and
liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the
Department of Health contract or agreement involved. If not otherwise disclosed as required by Section
.310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify
expenditures by contract or agreement number for each contract or agreement with .the Department of
Health in effect during the audit period.
5. Financial reporting packages required under this part must be submitted within the earlier of 30 days after
receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. Copies of reporting
packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by this
Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the Contractor directly to each of the following:
a. The Department of Health by email to sinoleaudits cnr doh.state.fl.us. Audits must be submitted to the
Department must be accompanied by the "Single Audit Data Collection Form," which may be obtained
from the Department's Contract Administrative Monitoring Unit. Files which exceed 8 MB may be
submitted on a CD or other electronic storage medium and mailed to the following address:
Revised 6/2011 22
Child Care Food Program Permanent Contract
Attachment 3, Page 2
Contract Administrative Monitoring Unit
Attention: Single Audit ReviewB01 (HAFACM)
4052 Bald Cypress Way,
BinTallahassee, FL 32399-1729
b. The Federal Audit Clearinghouse and edesig ated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1)(2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101e Street
Jeffersonville, IN 47132
c. • Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
required to be submitted to the Department of Health
6. Anyureports, management letter, ber other information Limn non rofit and for -profit
pursuant to this Contract shall amittodvernmentan. entities) n or with OMB
( Circular A-133, Florida
Statutes, and Chapters 10.550 (localgovernmental.
organizations), Rules of the Auditor General, as ape Department of Health for audits done in
to the Dep roan
7. accordance, when OMB Circular
financial reporting packages
Rules of the Auditor General, should indicate the date that the reporting
fit
accordance with Circular u 133 or Chapters 10.550 (local governmental entities) or 10.650none
and for -profit organizations), R the reporting package.
package was delivered to the Contractor in correspondence accompanying
e audit report is issued, and shall allow the p ords t.of Health
or
g. The Contractor shall retain sufficient records demonstrating its compliance withthech
terms of this Contract
rec
for a period of six yearseFinancial
the dateor Auditor General access to s
Ts designee, c the Chief ensure
that working
are made available to the Department of Health, or
The Contractor shall ensure that audit won papers eriod of six years from the date the audit report is
its designee, CFO, or Auditor General upon request fora p
issued, unless extended in writing by the Department of Health.
End of Text
r,
.., on Rr'')n11
23