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BUREAU OF CHILDCARE FOOD PROGRAMS
Child 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 of Health
Bureau of Childcare Food Programs
(Department)
BIN #A-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.
Revised 6/2011 1 I-035-1 1
FLORIDA DEPARTMENT OF
HEALT
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
TABLE OF CONTENTS
IDENTIFICATION OF CONTRACTING PARTIES 1
CONTRACTOR'ENCOURAGED TO SEEK LEGAL COUNSEL 3
I. THE CONTRACTOR AGREES TO: 3
A. PROVIDE SERVICES IN ACCORDANCE WITH CONTRACT 3
B. ACCEPT FINAL ADMINISTRATIVE AND FINANCIAL RESPONSIBILITY 3
C. COMPLY WITH GOVERNING LAWS, RULES, REGULATIONS, AND POLICIES 3
D. MAINTAIN AND ALLOW AUTHORIZED ACCESS TO ALL RECORDS OF CCFP OPERATIONS 4
E. PROVIDE REQUIRED AUDIT RECORDS 5
F. PROPERLY DISBURSE CCFP REIMBURSEMENT FUNDS RECEIVED 5
G. SUBMIT DOCUMENTS TO THE DEPARTMENT 6
H. OBTAIN PRIOR DEPARTMENTAL APPROVAL OF.CONTRACTOR'S OPERATIONS 6
I. MONITORING, COMPLIANCE AND REVIEW PROCEDURES 7
J. DEPARTMENT AUTHORITY TO SEEK OTHER ACTIONS AT LAW 8
K. INDEMNIFICATION 8
L. ASSIGNMENTS AND SUBCONTRACTS i 8
M. CONDITION FOR RECEIPT OF FEDERAL FUNDS 9
N. MEET ADDITIONAL REQUIREMENTS TO MAINTAIN PARTICIPATION IN CCFP 9
O. CONDITIONS FOR RETURN OF FUNDS • 9
P. PROCEDURES FOR DISALLOWANCE OF PROGRAM PAYMENTS 10
Q. INDEPENDENT CAPACITY OF THE CONTRACTOR 10
R. TRAINING AND SECURITY 10
S. DESIGNATION OF NON -PRICING OR PRICING POLICY 10
T. MEET ADDITIONAL REQUIREMENTS WHEN SERVING AS A SPONSOR 11
U. CONTRACT AMENDMENT PROCEDURES 12
V. FOOD SAFETY AND SANITATION REQUIREMENTS 12
II. THE DEPARTMENT AGREES TO.. 12
A. PROVIDE AUTHORIZED REIMBURSEMENT 12
B. PROVIDE REQUIRED PROCEDURE FOR REVIEW OF ADMINISTRATIVE ACTION' 12
C. CONDUCT PERIODIC INSPECTION AND REPORTS 12
D. SPECIFY IN WRITING WHEN RESPONSE TO DEFICIENCIES ARE DUE 12
E. NOTIFY CONTRACTOR OF DECISION IN WRITING 12
III 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 CONTRACT 13
E. PROCEDURES AND NOTICES SENT TO CONTRACTORS 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
SIGNATURE PAGE 16
ATTACHMENTS:
.COMMON EXAMPLES OF SERIOUS DEFICIENCIES 17
SERIOUS DEFICIENCY PROCESS AND ADMINISTRATIVE REVIEW PROCEDURES 20
FINANCIAL AND COMPLIANCE AUDITS 22
Revised 6/2011 2
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)(i), 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 to nor 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. If a 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.
B. ACCEPT FINAL ADMINISTRATIVE AND FINANCIAL RESPONSIBILITY
Accept final administrative and financial responsibility for total CCFP operations govemed 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 Management and Budget Circular A-87,
"Cost Principles for State, Local, and Indian Tribal Governments"; Office of Management and Budget Circular A-122,
"Cost Principles for Non -Profit Organizations"; Office of Management and Budget Circular A-133, "Audits of States,
Revised 6/2011 3
Local Governments, and Non -Profit Organizations"; USDA Food.and Nutrition Service Instruction 796-2, Revision 3
and subsequent revisions; Title 7 Code of Federal Regulations Part 3015, "Uniform Federal Assistance Regulations";
and Title 7 Code of Federal Regulations Part 3016, "Uniform Administrative Requirements For Grants And
Cooperative Agreements To State And Local Governments"; Title 7 Code of Federal Regulations Part 3019,
"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non -Profit Organizations"; and Title 7 Code of Federal Regulations Part 3052, "Audits of States, Local
Governments, and Non -Profit Organizations."
b. The Contractor hereby agrees and assures that it will comply with Title VI of the Civil Rights Act of
1964 (42 U.S.0 §2000d et seq.) Title IX of the Education Amendments of 1972, (20 U.S.C. §1681 et seq.) as
amended, Section 504 of the Rehabilitation Act of 1973, (29 U.S.C., §794) as amended, the Age Discrimination Act
of 1975, (42 U.S.C. §6101 et seq.) as amended, and all requirements imposed by the regulations of the U.S.
Department of Agriculture (Title 7 Code of Federal Regulations Part 15); Department of Justice Enforcement
Guidelines, (Title 28 Code of Federal Regulations Part SO.3, 42 and 50); and USDA, Food and Nutrition Service
directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United
States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be
denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the
Contractor received Federal financial assistance from USDA; and hereby gives assurance that it will immediately
take any measures necessary to fulfill this Contract. Contractors who are also sponsors further agree to ensure
compliance with these requirements at each of their sponsored facilities.
(1) This assurance is given in consideration of and for the purpose of obtaining any and all federal
financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal
property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use
federal property or interest in such property, or the furnishing of services without consideration or at a nominal
consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of
the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements
made with federal financial assistance extended to the Contractor by the USDA.
(2) This assurance also incorporates any federal agreement, arrangement, or other contract which
has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for
purchase or rental of food service equipment or any other financial assistance extended in reliance on the
representations and agreements made in. this Contract.
(3) By executing this Contract, the Contractor agrees to compile data, maintain records, and
.submit reports as required to permit effective enforcement of nondiscrimination laws and permit authorized USDA
personnel during hours of program operation to review such records, books, and accounts as needed to ascertain
compliance with the nondiscrimination laws. If there are any violations of this assurance, the USDA, Food and
Nutrition Service shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the
Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any
assistance from USDA. The person or persons whose signatures appear on this Contract are authorized to sign this
assurance on the behalf of the Contractor.
c. If reimbursements paid to the Contractor exceed $100,000, the Contractor shall comply with all
applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C.
1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR Part 15). The Contractor shall report any violations of the
above to .the Department. If reimbursements paid to the Contractor exceed $100,000, the Contractor's execution of
this Contract shall serve as its certification that it will not and has not used CCFP funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of congress in connection with this Contract pursuant
to Title 31 United States Code Section 1352.
d. The Contractor shall not employ unauthorized aliens.
(1) The Contractor agrees to use the U.S. Department of Homeland Security's E-Verify system,
https://e-verify.uscis.gov/emp, to verify the employment eligibility of:
(a) All persons employed during the Contract term by the Contractor to perform
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 violation of Section
274A(e) of the Immigration and Naturalization Act.
e. The Contractor shall comply with the Pro -Children Act of 1994, Public Law 103-277, which requires
that smoking not be permitted in any portion of any indoor facility used for the provision of federally funded services
including health, child care, early childhood development, education or library services, on a routine or regular basis,
to children up to age 18. Failure to comply with the provisions of the law may result in the imposition of civil
monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on
the responsible entity.
D. MAINTAIN AND ALLOW AUTHORIZED ACCESS TO ALL RECORDS OF CCFP OPERATIONS
1. To establish and maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting procedures and practices that sufficiently and properly reflect all
revenues and expenditures of funds provided by the Department under this Contract.
2. To maintain its current month's and prior 12 month's records of CCFP claims and reports in
separate monthly file folders containing an original of all receipts and an original or copy of all other monthly records
Revised 6/2011 4
supporting the Contractor's CCFP claim for each designated month. These records shall be available for review,
audit, and copying at 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 fora 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 12 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 of 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 Contractors 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 all 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 S500,000 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.
Revised 6/2011 5
G. SUBMIT DOCUMENTS TO THE DEPARTMENT
1. In addition to any documents required to be submitted to the Department in compliance with state
and federal law, the Contractor agrees to submit any receipts, invoices, documentation, or other evidence that the
Department in its sole discretion deems necessary to evaluate the validity of any and all claims for reimbursement
submitted by the Contractor. Such requirement for documentation may also require the Contractor to submit
documentation prior to payment of any claim; any claim or portion thereof that is not supported by documents
requested by the Department in writing shall be disallowed.
2. The Contractor shall provide any and all information requested by the Department which the
Department deems necessary in its sole discretion to evaluate an application to participate in the CCFP or an
application to renew its participation in the CCFP or to evaluate a Contractor's performance in the CCFP, including
but not limited to, documents which the 'Department determines are necessary to evaluate the applicant's or the
Contractor's financial viability, administrative capability and program accountability.
3. ' The Contractor shall provide written notice to the Department within five business days of:
a. Any change to the Contractor's official mailing address to which all legal notices and other
correspondence shall be directed. The Contractor shall be bound by all records mailed to that address for purposes
of enforcement proceedings regarding this Contract;
b. Any change to the Contractor's street address (physical location) where CCFP services are being
provided;
c. Any change in the Contractor's Federal Employer Identification Number (FEIN) or legal name or
doing -business -as (DBA) name;
d. Any change in the Contractor's responsible principals and responsible individuals certification.
This written notice shall include:
(1) Notification of any change in a previously identified principal's or individual's status that
would render that person unqualified to continue to serve.
(2) Notification of any convictions of a Contractor's responsible principals or responsible
individuals (any person who holds a management position with the Contractor, owners, officers or members of the
board of directors) for crimes indicating a lack of business integrity. Such designated crimes shall 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
perjury or any other activity indicating a lack of business integrity; and
(3) The Contractor's proposed personnel change to remove or otherwise disqualify the
principal(s) and/or responsible individual(s) from participation in the CCFP_
4. For the purpose of annual certification of continued participation in the Program, the Contractor
a. Submit to the Department information required pursuant to CCFP regulations;
b. Submit to the Department, upon request, additional records and information the Department
deems necessary to substantiate the Contractor's continued eligibility to participate in the CCFP for the coming year
or;
shall:
c. If the Contractor chooses not to comply with the annual certification requirements, voluntarily
withdraw from the CCFP by the date specified by the Department unless currently under a Notice of Serious
Deficiency. Failure to comply with annual certification requirements or voluntarily withdraw from the CCFP will result
in non -punitive termination of this Contract without appeal, unless currently under a Notice of Serious Deficiency.
H. OBTAIN PRIOR DEPARTMENTAL APPROVAL OF CONTRACTOR'S OPERATIONS
1. A Contractor serving as a CCFP sponsor of any facility with which the Contractor has no affiliation
shall obtain prior written approval from the Department for all salaries and benefits funded by CCFP
reimbursements. Salaries and benefits must be reasonable, prudent, and necessary for the furtherance of the CCFP
in addition to being in compliance with federal law. The reasonableness of salaries and benefits shall be determined
by the Department after its review of the Contractor's operations or anticipated operations and shall not exceed
those salaries and benefits generally made available to non-profit corporation employees and officers in the same
geographical area for similar services. The determination of reasonable, prudent, and necessary salaries and
benefits shall be at the Department's sole discretion.
2. A Contractor serving as a CCFP sponsor of any facility with which the Contractor has no affiliation
shall not employ staff or officers or directors who are related by blood or marriage without the prior written approval
of the Department. Any such approval will be granted only upon written documentation of extraordinary
circumstances and shall only be granted for the shortest period of time necessary to address the justifying
circumstances.
3. The Contractor shall submit budgets and budget amendments that are reasonable, prudent,
necessary, and allowable in accordance with Food and Nutrition Service (FNS) Financial Management Instruction
796-2, Revision. 3 and subsequent revisions, for the furtherance of the CCFP. The determination of reasonable,
prudent, necessary, and allowable budget items and amounts shall be at the Department's sole discretion. All
budgets and budget amendments shall require the Department's prior written approval. No more than four budget
amendments may be filed in any federal fiscal year unless the Contractor is able to show good cause why additional
amendments are required due to expenses that could not be reasonably anticipated and handled through the
allowed number of amendments. The determination of good cause shall be at the Department's sole discretion.
4. The Contractor shall comply with program meal requirements as specified by 7 CFR §226.20.
Failure to meet Program specifications shall subject the Contractor to issuance of a' warning letter, require the
Contractor provide a corrective action plan, subject the Contractor to additional documentation required (ADR)
claims procedures, Notice of Serious Deficiency, proposed termination, and disqualification.
Revised 6/2011 6
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.
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 Contractor's 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
specified period of timeset 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 individual(s) 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 7
c. Submit to the Department's authority regarding the issue and determination of a serious
deficiency. Failure to respond or successfully resolve any Notice of Serious Deficiency may result in the Contractor
and its responsible individual(s) and responsible principal(s) being added to the USDA National Disqualified List
pursuant to the requirements of Title 7 Code of Federal Regulations Part 226.6.
3. DEPARTMENT AUTHORITY TO SEEK OTHER ACTIONS AT LAW
1. The Contractor agrees that administrative and criminal penalties may apply to violation of the
terms of this Contract.
2. The Contractor hereby acknowledges that any monitoring or review, whether performed by the
Department, the United States Department of Agriculture, the Florida Department of Law Enforcement, the Florida
Department of Financial Services, Division of Public Assistance Fraud or by another entity authorized by the
Department may result in the initiation of criminal charges and that the Department will actively cooperate and assist
in such criminal prosecution.
3. The CCFP sanctions for Contractor violations shall not be construed as excluding or replacing any
criminal or civil sanctions or other remedies that may be applicable under any federal or state statute or local
ordinance; and
4. The CCFP sanctions do not limit or replace the authority of the USDA, Comptroller General, or.
Department to seek damages, or civil or criminal action;
5. Nothing•in this Contract precludes the Department from obtaining damages as well as any other
remedy authorized by law as a result of the Contractor's breach of this Contract or violation of applicable federal and
state rules and regulations pertaining to the CCFP.
K. INDEMNIFICATION
1. Indemnification is not applicable as to the Department in contracts executed between the
Department and state agencies or subdivisions, as defined in Section 768.28, Florida Statutes, or between the
Department and federal agencies or sovereign American Indian nations. However, such indemnification provisions
shall apply to the Contractor in subparagraphs 2 and 3 of this section..
2. The Contractor shall be liable for and shall indemnify, defend, and hold harmlesslthe Department
and all of its officers, agents, and employees from all claims, suits, judgments, or damages, consequential or
otherwise and including attomeys' fees and costs, arising out of any act, actions, neglect, or omission by the
Contractor, its agents, or employees during the performance or operation of this Contract or any subsequent
modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property.
3. The Contractor's inability to evaluate liability or its evaluation of liability shall not excuse the
Contractor's duty to defend and indemnify within seven (7) days after such notice by the Department is given by
certified mail, equivalent delivery service, e-mail or facsimile transmission. Only adjudication or judgment after
highest appeal is exhausted specifically finding the Contractor not liable shall excuse performance of this provision.
The Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. The
Departments failure to notify the Contractor of a claim shall not release the Contractor of the above duty to defend.
L. ASSIGNMENTS AND SUBCONTRACTS
1. The Contractor agrees:
a. .It shall be responsible for the administration and financial management of its operation;
b.. It shall not enter into any subcontracts or agreements affecting the Program subsequent to the
execution of this Contract without the Department's prior written approval;
c:' • If it intends to enter into any Program related subcontracts it shall:
(1) Provide the Department written notice of the intended subcontract. That notice shall
include the name of the intended subcontractor, the name of its principal owners, the intent of the contract and the
estimated total value of that contract;
(2) Provide the Department any required budget updates reflecting the proposed
subcontractor's expense for evaluation;
(3) Not enter into the requested subcontract until approved by the Department; and
(4) Not pursue a subcontractor relationship in support of this Contract should the Department
not approve such subcontract.
2. The Contractor agrees that the Department shall not approve any subcontract for CCFP
management functions, including but not limited to, program financial management, eligibility review and approval,
preparation and maintenance of enrollment rosters, tiering determinations, monitoring, and submission of claims for
reimbursement.
3. Approval or disapproval of CCFP related subcontracts shall be at the sole discretion of the
Department. Any Program related subcontract not approved by the Department shall be null and void as to the
provisions of this Contract and the Department's responsibility to reimburse any costs for the unauthorized
subcontract support of the Contractor's operations.
4. The Contractor shall be responsible for all work performed and all expenses incurred for
implementing the CCFP on behalf of the Department. If the Department permits the Contractor to subcontract part
of the work contemplated under this Contract, including entering into subcontracts with vendors for services and
commodities, the Contractor agrees that the Department shall not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and the Contractor shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract. The Contractor, at its expense, will defend the Department
against such claims.
Revised 6/2011 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. Contractor Legal Name and Federal Employer Identification Number (FEIN) shall not be changed.
a. The Contractor agrees that it shall maintain its participation in the CCFP under this Contract under
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 if the 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.myforidacfo.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 laterithan 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
§226) shall be subject to all CCFP requirements and may be individually disqualified from the CCFP and individually
placed on the National Disqualified List.
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 Contract 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.
O. 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 that an overpayment has been made, the Contractor shall notify the Department by certified mail within
Revised 6/2011 9
five (5) days of such discovery. In the event that the Department first discovers an overpayment has been made, the
Department will notify the Contractor by letter of such a finding. Repayment shall be made pursuant to the
Department's instructions to the Contractor and shall include interest as required by federal law; such instructions
may include but are not limited to a sponsor's payment to sponsored facilities and a contractor's payment to the
Department.
P. PROCEDURES FOR DISALLOWANCE OF PROGRAM PAYMENTS
In the event the Department discovers the Contractor's failure to comply with recordkeeping requirements
pertaining to records directly supporting claims for reimbursement, the Department shall disallow payment for any
meals and/or not supported by such records. Records that support claims for reimbursement may include, but are
not limited to, free and reduced price meal applications, daily meal counts, menu records, original receipts and
invoices for CCFP expenses, enrollment records, and attendance records. The Contractor may appeal the
Department's' decision to disallow Program payments as described in Section II.B of this Contract.
Q. INDEPENDENT CAPACITY OF THE CONTRACTOR
1. In performance of this Contract, it is agreed between the parties that the Contractor is an
independent contractor and that the Contractor is solely liable for the performance of all tasks contemplated by this
Contract, which are not the exclusive responsibility of the Department.
2. The Contractor, its officers, agents, employees, or subcontractors in performance of this Contract,
shall act in the capacity of an .independent contractor and not as an officer, employee, or agent of the State of .
Florida. The Contractor shall not represent to others that it has the authority to bind the Department unless
specifically authorized in writing to do so.
3. The Contractor, its officers, agents, employees, and its subcontractors are not ehtitled to state
retirement benefits, state leave benefits, or to any other compensation of state employment as a result of performing
the duties and obligations of this Contract.
4. The Contractor agrees to take such actions as may be necessary to ensure that each
subcontractor of the Contractor will be deemed to be an independent Contractor and will not be considered or
permitted to be an agent, servant, joint venture, or partner of the State of Florida.
R. TRAINING AND SECURITY
1. The Contractor agrees to attend all meetings and training sessions required by the Department.
2. CCFP records contain information that is confidential under both Florida and federal law. The
Contractor agrees to maintain any and all records, documents, forms, reports, and information, in whatever form, in a
secure location with access that is sufficiently limited to protect the records.
3. Public Access to Records. It is expressly understood that the Contractor is acting on behalf of the
Department ,and refusal to comply with public record access provisions shall constitute violation of the Contract for
which the Department may unilaterally terminate the Contract. Therefore, the Contractor herein agrees and shall:
a. Promptly notify the Department of any requests it receives for public records;
b. Not grant access to or release records of any nature until properly approved by the Department in
writing;
c. When instructed pursuant to the terms of this Contract, allow public access to all documents,
papers, letters, or other materials related to this Contract as required by Article I, Section 24, of Florida's State
Constitution and Chapter 119, Florida Statutes, 7 CFR §226 at no additional cost to the Department;
d. Maintain the confidentiality of all records required by law or administrative rule to be protected from
disclosure;•
e. Hold the Department harmless from any claim or damage including reasonable attorney fees and
costs or from any fine or penalty imposed as a result of the Contractor's improper disclosure of confidential records
whether public record or not and shall defend the Department against the same at the Contractor's expense; and
f. Allow the Department access to any paper or electronic records that contain data relevant to this
Contract arid associated management information or data.
S. DESIGNATION OF NON -PRICING OR PRICING POLICY
1. The Contractor agrees to designate its participation under either the non -pricing or pricing policy
listed below upon entry into the Program. The Contractor shall not change its designated policy without written
approval from the Department. The Contractor shall select and participate under one of the following:
2. Non -Pricing Policy
a. The Contractor agrees that all children in attendance at site(s) listed on the Site Information
Form(s) and/or Provider Information Form(s), are offered the same meal at no separate charge regardless of race,
color, sex, age, national origin, or disability, and there is no discrimination against any child in the course of the meal
service based on race, color, sex, age, national origin, or disability.
b. The Contractor agrees to limit access to eligibility information to persons directly connected with
the administration and enforcement of the CCFP.
3. Pricing Policy
a. - The Contractor agrees to charge separately for meals. The Contractor will charge no more than
40 cents for a reduced -price lunch or supper, 30 cents for a reduced -price breakfast and no more than 15 cents for a
reduced -price snack.
b. The Contractor agrees to serve free or reduced -price meals to any child enrolled at the site(s)
listed on the Site Information Form(s) whose household income falls within the current Florida Income Eligibility
Guidelines or whose household receives benefits from the Food Assistance Program (federally known as the
Supplemental Nutrition Assistance Program - SNAP) or Temporary Assistance to Needy Families (TANF).
Revised 6/2011 10
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 thebasis 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 to 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 orin 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 at 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;
3. 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;
Revised 6/2011 11
5. Record the reopened administrative review, facilitate the issue of a formal written finding and
forward that finding to the parties and Department in resolution of deficiencies the Department identifies.
U. CONTRACT AMENDMENT PROCEDURES
1. Contract Amendment
a. The Department shall have the right to amend the Contract from time to time as required under the
Program's regulations or for operational necessity.
b. Such amendment, executed by the Department, shall be mailed to the Contractor's last reported
mailing address. The Contractor shall no later than 21 days of receipt of the amendment:
(1) Sign the amendment and return a copy to the Department; or
(2) Provide the Department written notice of its intent to withdraw from the Program.
c. Amendments to the Contract shall be effective upon the earlier of:
(1) 30 days after receipt of the amendment; or •
(2) 35 days after the Notice of Amendment is mailed to the Contractor.
d. The Amendment shall be adopted by reference into the original Contract and considered effective
against all parties at the end of the applicable 30 day period unless:
(1) The Contractor submits written notice of objection to the amendment and its intent to
withdraw from the Program within 30 days of receipt of the amendment; or
(2) • The Department withdraws the amendment.
2. The Contractor shall:
a. Elect to comply with the contract amendments issued by the Department by not objecting within 30
days from the date of receipt of the proposed amendment; or
b. Provide written notice of objection and withdrawal from the Program to the Department within the
earlier of:
(1) 30 days from the date of the receipt of the written notice of contract amendment; or
(2) 35 days after the Department mails the Contractor notice of the contract amendment.
V. FOOD SAFETY AND SANITATION REQUIREMENTS
1. The Contractor hereby expressly agrees that the Contractor shall only claim and receive approved
reimbursement for those meals that are served according to applicable local, state, or federal health and safety
requirements.
2. The terms and conditions of this Contract shall in no fashion be used for purposes other than -
participation in the CCFP. The Contractor hereby further agrees that it understands that its participating child care
facilities are solely responsible for any additional licensure or certifications that may be. required by local, state, or
federal authority. The terms of this Contract do not provide any child care facility with a food permit or -formal
approval for its food preparation facility or operation.
3. Participating child care centers must comply with all food safety and sanitation requirements as
they apply to the food storage, preparation, cooking and/or serving of meals.
It. THE DEPARTMENT AGREES TO:
A. PROVIDE AUTHORIZED REIMBURSEMENT
•
Reimburse the Contractor for meals and other allowable costs as further provided in applicable rules,
regulations, instructions, policies, procedures, and/or manuals. Claims for reimbursement not filed with the
Department within 60 days after the close of the month in which the claim was incurred shall be disallowed. The
Department may, though is not required to, at its sole discretion and with any necessary approval from USDA, grant
an exception to this requirement. Payment of any late claims is subject to availability of funds.
B. PROVIDE REQUIRED PROCEDURE FOR REVIEW OF ADMINISTRATIVE ACTION
Should the Contractor violate any terms of this Contract, or any CCFP policies, instructions, procedures, or
manuals, or the rules, regulations and laws governing the program, and as a result, the Department acts to withhold
funds or to restrict or terminate the Contractor's participation in the program, the Contractor shall be informed of its
appeal rights. Upon timely request for an appeal, 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
To inspect or evaluate the Contractor's records (including electronic storage media), papers, documents,
facilities, and/or the Contractor's goods and services which are relevant to this Contract and/or interview any of the
Contractor's clients or employees. Upon completion of any such inspection or evaluation, the Department shall
provide the Contractor a written report of its findings. The written report shall describe the Department's evaluation
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
To provide the Contractor a written report of its findings and a date certain by which the Contractor must
provide a written corrective action plan (CAP). When applicable, the Department shall also provide the Contractor a
written Notice of Serious Deficiency with a date certain by which the Contractor must provide its written CAP.
E. NOTIFY CONTRACTOR OF DECISION IN WRITING
To provide the Contractor written notice of the acceptance or rejection of the Contractor's CAP. The
Department shall issue written notice to the last reported address for the Contractor and those responsible
Revised 6/2011 12
individuals and responsible principals described in the applicable governing regulation and procedure manuals when
the rejection of e CAP requires termination of this Contract and disqualification of the Contractor and responsible
individuals and responsible principals.
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 the date 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 cooperatein 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 torepresent 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 Petitioners 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 Department's
action if a decision is not made within the specified timeframe.
3...If the ARO upholds the Department's current intended action 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 he 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 the rendition 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.
Revised 6/2011 13
E. PROCEDURES AND NOTICES SENT TO CONTRACTOR'S ADDRESS OF RECORD
1. All written notices describing an action proposed or taken by the Department with regard to the
Contractor's CCFP reimbursement or participation shall be mailed to the latest address on file with the Department.
The Contractor shall ensure that its current street and mailing addresses are on file with the Department at all times.
2. The parties agree that the Department shall consider all notices as received by the Contractor and
its responsible principal(s) and responsible individual(s) five days after being sent to the last address the Contractor
reported to the Department.
F. RESPONSIBILITY TO OBSERVE ALL GOVERNING LAWS
The failure of this Contract to cite all applicable state and federal laws, regulations and policies does not
waive the Contractor's responsibility to comply with all applicable requirements specified in state and federal laws,
regulations, and policy.
G. NON -WAIVER
1. The Department shall have the right to declare any violation,' deficiency, or default and take such
action as may be lawful or authorized hereunder, in law or in equity.
2. A Department waiver of any term, provision, condition or covenant in this Contract shall not be
deemed to imply or constitute a further Department waiver of any other term, provision, condition or covenant hereof,
and no payment by the Department shall be deemed a waiver of any default hereunder.
3. The Department and Contractor expressly agree that the Department's failure to declare any
violation, deficiency or default immediately upon occurrence, or failure to take any action in connection with that
occurrence, does not waive such violation, deficiency, or default.
H. CONTRACTOR'S NOTIFICATION OF RESPONSIBLE PARTIES
1. Pursuant to 7 CFR §226, the Contractor's responsible Principals and responsible individuals,
including but not limited to the CCFP Manager, Owner(s), Executive Director/CEO, Chairman of the Board and Board
Members, may become parties to a disqualification proceeding pursuant to the terms of this Contract. These named
parties are defined in 7 CFR §226.2, which shall control which individuals shall be named parties in any
disqualification proceeding.
2. .The Contractor agrees that upon execution of this Contract, it shall inform its CCFP Manager,
Owner(s), Executive Director/CEO, Chairman of the Board, other Board Members and any other responsible
principals and responsible individuals that as a condition of their employment or their individual paid or voluntary
participation in the Contractor's organization, they shall be subject to becoming a party to a disqualification
proceeding. The Contractor shall ensure that all responsible principals and responsible individuals comply with the
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 defciencies.
I. CONDITIONS OF TERMINATION
1. Termination at Will. This Contract may be terminated without cause upon no less than thirty (30)
calendar days notice in writing unless a lesser time is agreed to between the parties in writing. Said notice shall be
delivered by facsimile transmission, email, certified mail — return receipt requested, or in person with proof of
delivery.
a, . In the event termination of this Contract at will, the Contractor will be compensated for approved
Program costs lawfully incurred prior to termination.
b. The .Contractor shall be permitted to voluntarily terminate this Contract after the date the
Department Issues a Notice of Serious Deficiency to the Contractor. However, the Contractor's self termination
under such circumstances does not discontinue the serious deficiency 'process and therefore may result in the
names of the Contractor and its responsible principal(s) and responsible individual(s) being placed on the USDA
National Disqualified List.
2. • Termination Because of Lack of Funds. In the event funds to finance this Contract become
unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours notice in writing to
the Contractor. Said notice shall be delivered by facsimile transmission, email, certified mail — return receipt
requested, or in person with proof of delivery. The Department shall be the final authority as to the availability and
adequacy of funds.
3. Termination for Cause. The Department may terminate this Contract for cause for the Contractor's
noncompliance with any provision of this Contract or for any of the serious deficiencies identified, but not limited to,
those in Attachment 1.
4. The Contract shall be permanent unless either the Department or Contractor takes the designated
additional actions described in this Contract. The Contract may be terminated, if not otherwise prohibited by other
provisions of this'Contract, upon the Department's receipt of the Contractor's written notice of:
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. ENFORCEMENT
1. Each provision of this Contract shall be interpreted in such a way as to be effective and valid under
applicable law. If any term or provision of the Contract or of any CCFP rules, regulations, policies, procedures,
instructions, or manuals is found to be illegal or unenforceable, the remainder of the Contract shall remain in full
force and effect and such term or provision shall be stricken. .
Revised 6/2011 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, Florida to the exclusion of all other courts 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 terms 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 15
SIGNATURE PAGE
As the Contractor's authorized representative empowered to commit to the terms of this Contract, I have been
expressly advised to seek legal advice regarding the terms of this Contract with an attorney licensed in the State of
Florida representing the interests of the corporation and/or individual interests of associated individuals or individuals
named herein. I have not relied upon any advice from the Department or its agents regarding this Contract and the
legal rights for myself or those who I am empowered to represent. I have considered seeking appropriate legal
advice. I have read the above Contract and understand each section and paragraph.
By my signature I acknowledge that I ente'r into this Contract freely on behalf of myself and those who I am
empowered to represent. I expressly agree to notify the Contractor's responsible principals and responsible
individuals, including the CCFP Manager, Owner(s), Executive Director/CEO, Chairman of the Board, other Board
Members, and any other responsible principals and responsible individuals of their liability regarding the Contractor's
compliance with this Contract.
IN WITNESS THEREOF, the parties hereto have caused this 16 page Contract and its subject attachments,
Attachment 1, Attachment 2, and Attachment 3, adopted and incorporated into this Contract by reference, to be
executed by their undersigned official as duly authorized.
CONTRACTOR:
S 4-0576
(Authorization Number)
City of Miami -Parks and Recreation
(Legal Name of Organization)
(D/B/A Name)
444 S.W. 2nd Avenue
(Address)
Miami, FL 33131
SEE ATTACHED SIGNATURE SHEET
SIGNATURE of Chairman of the Board,
President, Executive Director, Majority Owner,
or Delegated Authority
PRINTED NAME:
TITLE:
DATE:
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
)/10,,LAL
Maria Williamson, Chief,
Bureau of Childcare Food Programs
DATE: // - 02 e //
Revised 6/2011 16
CITY OF MIAMI, a Florida Municipal Corporation
By:
Date:
Attest:
Priscilla A. Thompson, ity Cle
Date: //— 1-1/
Approved as to For
By:
and Correctness:
,I Julie O. Bru, City Attorney.
11-20j. ::
Date: /7—)
Approved as to Insure
By: 1
e/I2equirements:
Calvin Ellis/,Risk anagement
Date: I �' r'
Authorized by Miami City Commission Resolution No. R-11-0374, adopted September 27,
2011. (Copy Attached)
FLORIDA DEPARTMENT OF l /
HEALI'
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-exemptstatus 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 the previous 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)(vii), 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 internal 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, tattier 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"
Revised 6/2011 17
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 participants
• Claiming meals for participants not present on a given day or for a particular meal
• Claiming meals served to non-existent children
• Claiming meals served to non -enrolled children or to staff
• Inflating meal counts
• Claiming non-existent and non participating facilities
• Claiming meals for ineligible facilities
• Claiming dual participating facilities
• Claiming the same participant for the same meal at more than one facility
8. Claiming reimbursement for meals that do not meet CCFP requirements
9. 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 and/or 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 earned the payment
• Payments made to an entity/person other than the facility without express written permission of the facility
• Checks not mailed or direct deposits not initiated within 5 day timeframe of receipt of associated
reimbursement from the Department or first business day thereafter
• Failure to transfer full amount of facility payments to separate facility bank account within 5 day time frame
or failure to maintain full amount of facility payments in commingled bank account until checks clear
• Using facility reimbursement funds to pay facility advances
• Using day care home funds to pay sponsored centers or center funds to pay day care homes
• Retaining sponsored center funds in excess of the percentage approved in the CCFP Budget
11. History of administrative or financial mismanagement in any USDA child nutrition program
• Institution. left another child nutrition program (e.g. Summer Food _Service Program, National School Lunch
Program, etc.) because of a serious documented problem inits operation
• Failure to maintain required corrective actions
• Institution terminated for serious deficiency in one part of the- CCFP (child care center for example) applies
to administer a different part (day care homes for example)
12. Claiming reimbursement for meals served by a proprietary child care center during a calendar month in
which the center does not meat Title XX eligibility requirements or Free and Reduced eligibility
requirements, as applicable
13. Failure by a sponsoring organization to properiy ciassify 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
• Failure to impose sanctions on centers, sites, or day care home providers when issues of noncompliance
are identified
• Failure to follow serious deficiency, suspension, termination, disqualification and appeal procedures, as
applicable
15. The fact that the Contractor or any of its principals have been declared ineligible to participate in a
publicly funded program due to violating that program's requirements
Revised 6/2011 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 make 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 Contractors 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, fax evasion, tax fraud,
failing to file fax returns, passing worthless checks, submission of false or fraudulent information to a state
or federal agency, and perjury or any other activity indicating a 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
Revised 6/2011 19
FLORIDA DII'ARTMENT OF 1
B EALT
CHILD CARE FOOD PROGRAM
• PERMANENT CONTRACT
ATTACHMENT 2
SERIOUS DEFICIENCY P,ROCESS 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-mail, certified mail 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
will appoint an administrative review official (ARO). If the request for administrative review was not timely filed, the
Department shall notify the Contractor, responsible principals and responsible individuals that review is no longer
authorized and that the Department's proposed action has now taken effect.
If a timely written request is submitted, the Contractor, responsible principals, and responsible individuals must
submit documentation in opposition to the proposed Department action no later than 30 days after receipt of the
Department's notice to the administrative review official. The Department may submit documentation in support of
its action within 15 days of the Contractor's request for administrative review. The administrative review official will
consider the Department's proposed actions based upon written submissions by the Department and the Contractor.
A hearing will be held in addition to, or in lieu of, a review of written information only if it is not excluded by Title 7
Code of Federal Regulations 226.6(k)(9) and the Contractor or a responsible principal or individual requests such a
hearing in the initial written request for administrative review. The administrative review official may consider any
evidence that he or she determines is credible, trustworthy and would reasonably be relied upon by a prudent person
in the conduct of his or her normal daily activities. Either party may be represented by counsel. If a hearing is
requested, the parties may call witnesses to testify and may cross examine witnesses. Witnesses may testify by
telephone and may be swom over the telephone and may be permitted to testify in narrative form. The
administrative review official will issue a decision within 60 days of the Department's receipt of a timely filed written
request for administrative review, which is an administrative requirement for the Department and may not be used as
a basis for overturning the Department's action if a decision is not made within that specified timeframe.
Consistent with the terms of this Contract and 7 CFR §226, 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).
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). 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.
The administrative review official's determination is the final administrative determination to be afforded to the
institution and responsible principals and responsible individuals. 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. 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 Program 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.
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 filing
of the ARO's Final Order.
USDA National Disqualified List
If a Contractor, responsible principals and responsible individuals do not timely request administrative review or if
administrative review upholds the Department's proposed action for disqualification from the Child Care Food
Program, the Contractor and/or responsible principals and responsible individuals will be placed on the National
Disqualified List with the United States Department of Agriculture and will be prohibited from participating in the Child
Care Food Program for a period of seven years. Additionally, if a contractor, responsible principal, or responsible
individual has failed to repay debts owed under the Child Care Food Program, they will remain on the list until the
debt has been repaid.
Revised 6/2011 21
12/19/2011
11:17AM
Florida Department of Health
Child Care Food Program
Budget for the Sponsor of Affiliated Child Care Centers
S - 576 Region: S RPS: 6 Fiscal Year: 2012 Termination Date:
Legal Name: CITY OF MIAMI DAY CARE PROGRAMS FEIN: 596000375118
D/B/A: CITY OF MIAMI DAY CARE Payment Start Date: 10/01/2011
Food Service (Operational) Costs
Food Purchases:
Food Service Labor and Benefits:
Non -Contracted Purchased Services:
Non -Food Supplies:
Food Service Equipment:
Transportation:
Annual Cost
$68,552
$0
$0
$0
$0
$0
Other (Includes Special Cost Items): $0
Describe:
Total Food Service (Operational) Costs: $68,552
Administrative Costs
Administrative Salaries and Benefits:. $11,448
Non -Contracted Purchased Services: $0
Training: $0
Travel: $0
Rent and Utilities: $0
Office Supplies: $0
Annual Cost
Other (Includes Special Cost Items): $0
Describe:
Total Administrative Costs: $11,448
Budget Grand Total: $80,000