HomeMy WebLinkAboutExhibit 1Florida Department of Agriculture and Consumer Services
Division of Food, Nutrition and Wellness
SUMMER FOOD SERVICE PROGRAM
AGREEMENT
ADAhr H. PUTNAM
COMMiSSIONER
AGREEMENT NO.: 0 4— 0 8 9 9
SPONSOR: City of Miami Dept. of Parks and Rec.
This document constitutes the peiuianen_t agreement between the Sponsor and the Florida
Department of Agriculture and Consumer Services (DACS) for the Summer Food Service
Program (SFSP).
INSTRUCTIONS: (1) AGREEMENT: Three originals of this Agreement must be signed in
ink and submitted to the Florida DACS as part of the application process. (2) SPONSOR'S
COPY: When this Agreement is approved, one original will be returned for the files of the
Sponsor.
No monies or other benefits may be paid out under this program unless this agreement is
completed, approved, and filed as required by (7 CFR Parts 225, 3015, 3016, 3019, and 3052).
GENERAL APPLICABLE ItRMS AND CONDITIONS
These general applicable terms and conditions are hereby incorporated into the Agreement
between the Sponsor and the DACS.. For purposes of this agreement, a public or private
nonprofit school food authority, a public or private nonprofit residential summer camp, a unit of
local, ;'municipal, county, or state government, a public or private nonprofit college or university
currently participating in the National Youth Sports Program, or a private nonprofit organization,
that develops a special summer or other school vacation program providing food service sin iar
to that made available to children during the school year under the National School Lunch
Pro am (Ns ,P) a:d Schorr] Brea .st Program (SBP)-and t mat is approved to participate in the
+ 1. , ' �.
program is referred to as the "Sponsor." A physical location at which a Sponsor provides a food
service s nmeals in a supervised �•ised settingreferred
service .. r� ildren and at which children consume al .. � setting is to as
.. _ _ fie Vs. Serve (O:'S) refers to a paticular type of meal service in which children may
select components to make up a reimbursable meal rather than taking all components of a
unitized meal_
The Sponsor has agreed to participate in the SFSP and acce.pis responsibility for supervision and
control over the program and final financial and administrative responsibility for the program.
The Sponsor will:
A. Operate a nonprofit food service from May through September children '
}�Pr for Cr::i^rpn on school
vacation; at any time of the year, in the case of sponsors administering the program under a
co ;ti ?Fuous Cris ooi caien der s-ystem: or during the period of October through April if it serves
an area affected by a unanticipated school closure due toa natural disaster, major hu lriina
repairs, court orders relating to school safety or other issues, labor-management disputes, or
_ter...... ._•
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other similar cause as approved by the DACS.
B. Submit an agreement to the DACS where sites are located in accordance with the Food and
Nutrition Service (FNS) Instruction 794-5, Agreements with Entities Which Operate
Interstate Schools and Facilities.
C. The Sponsor may operate with DACS approval, meal service sites which are not identified as
non-profit locations, if the sites meet all of the following criteria:
1. Sites must be operated under the sponsorship of an eligible public or private non-profit
service instruction;
2. Sites must operate as open sites or restricted open sites;
3. Sites must be located in an area in which at least 50 percent of the children are from
households that are eligible for free or reduced priced school meals;
4. Sites must make meals available to all children in the area and must serve meals to
children on a first come, first served basis;
5. Sites must serve all meals at no charge;
6. Sites are not for -profit or for -profit camps;
7. Meals must only be distributed by the Sponsor's trained staff and volunteers and sponsor
trained site staff serving as volunteers; and
8. The Sponsor must ensure no SFSP funds are. provided to the for -profit site.
D. Serve meals that meet the requirements and provisions during times designated as the meal
service periods by the Sponsor and serve the sarne meals to all children. No permanent
changes may be made iri the serving time of any meal unless the changes are approved by the
DACS.
E. Serve meals without cost to all children, except that camps may charge for meals served to
children who are not eligible for free or reduced -price school meals.
F. Issue a free meal policy statement in accordance with 7 CFR 225.6 (c).
G. Meet the training requirements for its administrative and site personnel, as required under 7
CFR 225:
1. The Sponsor must receive DACS training annually.
2. The Sponsor must train all administrative staff and site staff before they undertake their
responsibilities.
3. The Sponsor shall not allow a site to operate until personnel at the site have attended at
least one of the Sponsor's trainings.
4. The Sponsor must document the attendance at site trainings and schedule additional
sessions for those staff that are absent.
5. The Sponsor must record for each training session offered the training dates, names of
attendees, and documentation of the topics covered.
6. The Sponsor will ensure that at least one person who has been trained by the Sponsor be
present at each of the Sponsor's. sites during the time of the meal service.
7. Training for administrative staff should cover the following topics:
a. Purpose of the program
b. Site eligibility
c. Recordkeeping requirements
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d. Organized site activity
e. Meal requirements
f. Nondiscrimination compliance
g. How meals will be delivered
h. The delivery schedule (if applicable)
i. What records are kept and what forms are used
j. Monitor's responsibilities
8. Training for monitors should cover the following topics:
a. Site for which they will be responsible
b. Introduce themselves to site supervisors
c. Duties of authority
d. Conducting site visit/reviews
e.. Monitoring schedule
f. Reporting/recordkeeping procedures
g. Follow-up procedures
h. Office procedures
i. Local sanitation and health laws
j. Civil rights
k. Reporting for ethnic/racial data
1. Considerations for personal safety, if necessary
9. Training for site staff should cover the following topics:
a. Purpose of the program
b. Site eligibility
c. Necessity for accurate records
d. Importance of organized activities at sites
e. For sites obtaining meals from food service management companies/commercial
meal vendors, school food authorities, or the Sponsor's central kitchen:
i. Meal pattern requirements and types of meal service offered (use planned
menus)
ii. Delivery schedules (exact times)
iii. Adjustments in the delivery amount
iv. Facilities available for storing meals
v. Who to contact about problems (provide Sponsor's name and telephone
number)
vi. Approved level of meal service
£ For sites where meals are prepared at the site:
i. Meal pattern requirements
ii. Inventory (use inventory forms)
iii. Meal adjustments (use production records)
iv. Meal preparation adjustments
g. Explain recordkeeping requirements:
i. Daily recordkeeping requirements
ii. Delivery receipts (sample forms)
iii. Seconds, leftovers, and spoiled meals
iv. Daily labor — actual time spent on food service and time and attendance
records
v. Collection of daily record forms
vi. Maintain copies of meal service forms
h. Civil rights requirements (use Site Supervisor's Guide)
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i. Explain other miscellaneous policy, such as:
i. Problems with inclement weather and alternate service areas
ii. Problems with unauthorized adults eating program meals
iii. Problems with discipline
iv. Review of equipment, facilities, and materials available for organized
recreational activities
v. Review of trash removal system
vi. Corrective action
vii. Nutrition education
10. The Sponsor will ensure that site personnel and monitors understand the importance of
accurate point -of -service meal counts. Meals counts should represent only the number of
meals actually served to children. Only complete meals served to eligible children can be
claimed for reimbursement. Meals must be counted at the actual point of service.
11. If the Sponsor plans to implement OVS at sites under its Sponsorship, it must follow
OVS guidelines as outlined in 7 CFR 225.16(f)(ii). OVS permits children to decline
food; a certain number of menu items they do not intend to eat. The Sponsor must ensure
that all sites' staff is adequately trained on the guidelines and procedures of OVS and that
choosing OVS does not preclude the Sponsor from maintaining a nonprofit operation.
12. Sponsors not implementing the OVS provision will ensure that unitized meals are served
to each eligible child at the point of service in order to be claimed for reimbursement.
13. The Sponsor will notify the public through a media release with the dates, locations, and
serving times for each site serving meals.
14. The Sponsor will notify the local health department with the dates, locations, and times of
trainings.
H. In the storage, preparation and service of food, the Sponsor will maintain proper sanitation
and health standards in conformance with all applicable state and local laws and regulations.
1. The Sponsor will accept and use, in quantities that may be efficiently utilized in the SFSP,
such foods as may be offered as a donation by the DACS.
J. The Sponsor will have access to facilities necessary for storing, preparing, and serving food.
K. The Sponsor will maintain a financial management system as prescribed by the DACS.
L. The Sponsor will maintain on file documentation of site visits and reviews in accordance
with 7 CFR 225.15(d) (2) and (3).
M. The Sponsor will conduct a preoperational visit for all new and problem sites before they
begin operations.
N. The Sponsor will conduct a site visit at all new sites and any site that experienced
operational deficiencies during the previous summer at least once during the first week of
operation to ensure that the food service is operating smoothly and that any apparent
problems are iimnediately resolved. In cases where a site, whether new or returning, will
operate for only one week, the site visit must be conducted in that week.
O. The Sponsor will conduct a site review at all sites at least once during the first four weeks of
program operations. The review requires the monitor to observe a complete meal service
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from beginning to end including delivery or preparation of meals, the meal service, and the
clean up after meals.
P. The Sponsor will ensure that if a site operates less than four weeks, the Sponsor must still
conduct a review.
Q. The Sponsor must continue monitoring throughout the duration of the program at a level
sufficient to ensure that sites comply with program regulations.
R. The Sponsor must take prompt action to correct problems at the sites found from previous
reviews and inspections by the health depai intent and document the corrections taken.
S. The Sponsor must maintain children on site while meals are consuned.
T. The Sponsor must retain financial and administrative responsibility for their SFSP.
U. The Sponsor must submit to the DACS a copy of the letter notifying the local health
department of its intention to provide a food service at specific times at planned sites. This
must be provided to the DACS before program operation begins.
V. The Sponsor will meet the civil rights requirements, as required under 7 CFR 225.7(g) and
FNS Instruction 113-1:
1. The Sponsor must inform potential participants of the availability of SFSP.
2. The Sponsor must display in a prominent place at the site and in the Sponsor's office the
nondiscrimination poster developed by the United States Department of Agriculture
(USDA) or approved by INS.
3. The Sponsor must make reasonable efforts to provide information in the appropriate
translation concerning the availability and nutritional benefits of the program.
4. The Sponsor must include the nondiscrimination statement and instructions for filing a
complaint in the public release and in any program information directed to parents of
participants and potential participants.
5. The Sponsor must ensure that meals are served to all attending children, regardless of
their race, color, national origin, sex, age, or disability.
6. The Sponsor must ensure that all children have equal access to services and facilities at
the site regardless of race, color, national origin, sex, age, or disability.
7. Each year, the Sponsor must determine the number of potentially eligible participants by
ethnic/racial category for the area served.
8. Each year, the Sponsor must collect ethnic/racial category data for each site under the
Sponsor's jurisdiction. Sponsors of residential camps must collect and maintain the
information separately for each session of the camp. For all other sites, the Sponsor must
count the participating children at least once during the site's operation. The Sponsor
may use visual identification to determine a participant's ethnic/racial category.
9. The Sponsor must use separate categories when collecting and reporting ethnicity and
race. Ethnicity must be collected first. Respondents must be offered the option of
selecting one or more racial designations. The minimum designations for collection are:
a. Ethnicity:
i. Hispanic or Latino
ii. Not Hispanic or Latino
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b. Race:
i. American Indian or Alaskan Native
ii. Asian
iii. Black or African American
iv. Native Hawaiian or Other Pacific Islander
v. White
W. The Sponsor may request advance payment for total program costs. The Sponsor's request
must be separated into operating costs and administrative costs. Advance requests must be
submitted at least 30 days before the payment date of June 1 or by the established DACS
deadline. The DACS must receive certification that a Sponsor (except for school Sponsors)
has held training sessions on program requirements for site and Sponsor personnel before
release of the second month's operating advance to the Sponsor.
X. The Sponsor must submit claims for reimbursement on the fowl and in accordance with
procedures provided by the DACS.
Y. The Sponsor must submit claims for reimbursement via the Internet in accordance with
procedures established by the DACS. Claims for reimbursement not filed within 30 days
following the month for which the claim is made may be disallowed. Any exception to this
requirement will•be made at the discretion of the USDA, FNS. A one-time exception for late
claim submission may be made at the discretion of the DACS.
Z. Reimbursements are based on the number of reimbursable meals served multiplied by the
sum of the administrative and operational rates. Sponsors must maintain complete records to
document all costs and meals they claim for reimbursement. Sponsors are not eligible for
reimbursement unless they have signed an agreement with the DACS.
AA. Camp reimbursements are based on the number of children served who are eligible for free
or reduced -price meals according to the income guidelines for NSLP or SBP. With DACS
approval, camps may claim reimbursement for serving up to three meals or two meals and
one snack to eligible children each day. Sponsors of camps must maintain the documentation
that demonstrates the free or reduced -price eligibility of the children they claim
reimbursement for and must make it available for review by the DACS. Sponsors of camps
may charge noneligible children a separate fee for meals.
BB. Sponsors must document funds accruing to the Sponsor's program. Accruing funds will not
be deducted from the Sponsor's reimbursement. Sources of funds considered program
income include:
1. Cash donations specifically identified for use in the program.
2. Any federal, state, or local funds specifically provided to the program.
CC. Sponsors must use reimbursement or funds that exceed .the Sponsor's expenditures in a
way that benefits SFSP services to children. The Sponsor should use funds remaining at the
end of the program year as start-up funds or for improving SFSP services in the following
year.
DD. If the Sponsor will not participate in the SFSP the next year, funds may be used towards
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the Sponsor's provision of other child nutrition programs. If the Sponsor does not provide
any other program, the excess funds must be remitted to the DACS. Sponsors may not
transfer excess funds to nonprogram operations or to increase salary or fringe benefit costs
when the sole purpose of the increase is to reduce the food service program balance.
EE.Unallowable costs are costs for which program funds may not be used. They include, but are
not limited to:
1. The cost for excess meals ordered or prepared but not served to eligible children, i.e.,
meals in excess of legitimate prograrn adult meals and reimbursement meals, unless
specifically approved by the DACS.
2. Meals served in violation of program requirements, e.g., meals served outside of the
approved serving time, meals or components consumed away from the site, and second
meals in excess of the two percent tolerance.
3. Rental costs for periods beyond the close-out date for program operation.
4. Any other costs incurred that the DACS determine to be in violation of applicable laws or
regulations.
5. The cost to purchase food (including coffee, etc.) for use outside of the SFSP.
6. The cost of meals served to administrative adult personnel or any other adults who are
not part of the food service operation.
7. The cost of spoiled or damaged meals.
S. For vended Sponsors, the cost of meals delivered by a food service management
company to an unapproved site or for meals not delivered within the agreed -upon
delivery time, meals served in excess of the approved capacity, spoiled or unwholesome
meals, or meals that do not meet meal requirements or quality standards.
9. Bad debts, which are any Losses arising from noncollectible accounts and other claims
and related costs.
10. Repayment of overclaims and other federal debts. ,
11. Contributions or donations including contingency reserves, USDA -donated commodities
and other donated food, labor, and supplies.
12. Fines or penalties resulting from violations of or failure to comply with federal, state, or
local laws and regulations.
13. Entertainment and fundraising costs.
14. Interest on loans, bond discounts, costs of financing and refinancing operations, and legal
and professional fees paid in connection therewith.
15. Costs resulting from an under -recovery of costs under other grant agreements.
16. Direct capital expenditures or option to purchase rental costs for acquisition of land or
any interest in land; acquisition or construction of buildings or facilities or the alteration
of existing buildings or facilities; nonexpendable equipment of any kind; repairs that
materially increase the value or useful life of buildings, facilities, or nonexpendable
equipment; and other capital assets, including vehicles.
FF. Sponsors, upon request, must make all accounts and records pertaining to the program
available to state, federal, or other authorized officials for audit or administrative review at a
reasonable time and place. The records shall be retained for a period of three years after the
end of the fiscal year to which they pertain, unless audit or investigative findings have not
been resolved, in which case the records shall be retained until all issues raised by the audit
or investigation have been resolved.
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1. A review at the Sponsor level should involve a review of how the claim for
reimbursement is assembled and a review of the records maintained by the Sponsor.
Regardless of the specific administrative review procedures, all Sponsors must make their
records available for review by the DACS and must implement all corrective actions
recommended by the DACS. The results of an administrative review may affect the
amount of reimbursement a Sponsor will receive.
2. Violations of program requirements may result in withholding or recovery of
reimbursements, temporary suspension, or termination and exclusion from future
program participation.
3. When the DACS finds violations during a site review, it will require the Sponsor to
correct the problems found. If the DACS finds a high level of meal service violations at a
site, it will immediately require the Sponsor to follow a specific corrective action plan.
The DACS will initiate a follow-up system to ensure that Sponsors take the specific
action (as outlined in the plan) for correcting site violations.
4. Failure to submit an acceptable corrective action plan may affect your future participation
in the program.
FEDERAL F'UINTDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
FFATA REQUIREMENTS. Congress passed the FFATA in 2006 with the objective to
promote open government by enhancing the federal government's accountability for its
stewardship of public resources. This will be accomplished by making government
information —particularly information .on federal spending —accessible to the general public.
Such information will be displayed in a single, searchable database entitled USAspending.gov.
While USAspending.gov will be populated from existing federal government databases to the
maximum extent possible, some of the required information can be developed only by
establishing additional reporting requirements. This includes certain information on federal
assistance programs.
Under FFATA, the DACS is required to include additional requirements in the terms and
conditions of its grants to first -tier subgrantees. As a primary grantee, the DACS must report
certain information on itself and on federal financial_assistance provided to first pier subgrantees.
The Sponsor must obtain a Dun and Bradstreet Data Universal Numbering System number,
register with the federal government's Central Contractor Registration System, and take other
specified actions.
AUDITS
AUDIT REQUINTS. The DACS provides federal financial assistance to a variety of
entities that must comply with all federal and state audit requirements including: the Single
Audit Act of 1984, as amended, (31 U.S.C. 7501 et. seq.); Office of Management and Budget
(OMB) Circular A-133; Catalog of Federal Domestic Assistance (CFDA); Audits of State, Local
Governmental Units, and Non -Profit Organizations, as amended; and any other applicable law or
regulation and any amendment to such other applicable law or regulation that may be enacted or
promulgated by the federal government. If the Sponsor is a local government or nonprofit
organization and expends total federal awards of $500,000 or more during its fiscal year,
received either directly from the federal government or indirectly from a recipient of federal
funds, the Sponsor shall have an audit made in accordance with the provisions of OMB Circular
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A-133.
If the nonprofit Sponsor expends Less than $500,000 of federal financial assistance during its
fiscal year, the Sponsor is exempt from these audit requirements but is required to maintain
records of federal financial assistance and to provide access to such records by federal and state
agencies or their designees.
If the Sponsor is a nonprofit institution not subject to the provisions of the OMB Circular A-133,
or is a for -profit organization, the Sponsor shall be subject to the audit requirements of the laws
and regulations governing the program(s) in which it participates.
PERIOD SUBJECT TO AUDIT AND AUDIT FREQUENCY. A single audit or program -
specific audit made in accordance with OMB Circular A-133 shall encompass the fiscal period of
the Sponsor and shall be performed on an annual basis.
SUBMISSION OF AUDIT REPORT TO THE STATE. If a single audit, organization -wide,
or a program -specific audit is made in accordance with the provisions of OMB Circular A-133,
the Sponsor must submit the audit report within 30 days after the audit has been issued. The
audit shall be completed and the report submitted no later than nine months after the end of the
Sponsor's fiscal year. The Sponsor shall submit three copies of the audit report to:
Division of Food, Nutrition and Wellness
Department of Agriculture and Consumer Services
600 S. Calhoun Street, Suite 120
Tallahassee, Florida 32399
All auditees shall submit a copy of the audit report to the Federal Auditing Clearinghouse in
accordance with OMB Circular A-133, Section 320(d). The address for the currently designated
clearinghouse is:
Financial Standards and Reporting Branch
Office of Federal Financial Management
Office of Management and Budget
Washington, D.C. 20503
Phone— (202) 345-3993
GENERAL AUDIT PROVISIONS. The Sponsor is responsible for obtaining the necessary
audit in accordance with audit requirements of OMB Circular A-133,
The DACS reserves the right for federal and state agencies or their authorized representatives to
perform additional audits of a financial or performance nature, if deemed necessary by the
DACS or federal agencies. Any such additional audit work will rely on work already performed
by the Sponsor's auditor and the costs for any additional work performed by the federal or DACS
will be borne by those agencies at no additional expense to the Sponsor. Audit working papers
and audit reports shall be retained by the Sponsor's auditor for a minimum of three years from
the date of the audit report, unless the Sponsor's auditor is notified in writing by the DACS or the
appropriate federal agency to extend the retention period. Audit working papers shall be made
available upon request to authorized representatives of the DACS, the federal agency, or the
General Accounting Office.
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CFDA reporting numbers are as follows:
Program
Federal Code
Federal
Regulation
ODA
SFSP
NSLA (42 USC 1751-69h)
7 CFR 225
10.559
SIGNATURE ON BEHALF OF SPONSOR: I certify, as a Sponsor of the SFSP, that our
program(s) will operate according to our current Application/Site Information and Agreement.
SIGNATURE OF CHIEF ADMINISTRATOR DA IE
PRINT NAME
NAME OF SPONSORING AGENCY/SPONSOR
OFFICIAL USE ONLY
Florida Depai Luent of Agriculture and Consumer Services
APPROVED BY: DATE:
Mike Gresham, Director of Administration
For agreement inquiries, contact:
Program Administrator
Division of Food, Nutrition and Wellness
Florida Department of Agriculture and Consumer Services
600 S. Calhoun Street, Suite 120
Tallahassee, Florida 32399
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