HomeMy WebLinkAboutBack-Up DocumentsMission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.
lion
HEALTH
Vision: To be the Healthiest State in the Nation
Date: August 5, 2013
To:
From:
CHILD CARE FOOD PROGRAM
POLICY MEMORANDUM
Rick Scott
Govemor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Independent Child Care Centers, Sponsoring Organizations of Centers, Afterschool
Meals Programs, and Homeless Children Nutrition Program Contractors
Maria Williamson, MS, RD, LD
Chief, Bureau of Child Care Food Programs
SUBJECT: Reimbursement Rates Effective July 1, 2013
The USDA has announced the new meal reimbursement rates and cash -in -lieu of commodities rate.
Below are the Child Care Food Program reimbursement rates for meals effective from July 1, 2013
through June 30, 2014.
Type of Meal
Served
Free
Reduced -Price
Non -Needy
Cash in Lieu of
Commodities
Breakfast
$1.58
$1.28
$0.28
N/A
Lunch and Supper
$2.93
$2.53
$0.28
$0.2325
Snack
$0.80
$0.40
$0.07
N/A
If you have any questions, you may contact your Program Specialist,
Florida Department of Health
Division of Community Health Promotion • Bureau of Child Care Food Programs
4052 Bald Cypress Way, Bin A-17 • Tallahassee, FL 32399-1727
PHONE: 850/245-4323 • FAX 850/414-1622 • EMAIL: ccfp@doh.state.fl.us
www.FloridasHealth.com
TWITTER:HealthyFLA
FACEBOOK:FLDepartmentofHealth
YOUTUBE: fldoh
. Morley, Lacleveia
From: Iviaria_Williamson@cioh.state.fl.us
Sent: Friday, Septembe.r21, 2007. 1:30 PM
To: Morley, Lacleveia
Cc: Lisa_Gruber@doh.state.fl.us; Ramon_Perez@doh. state.fl.us
Subject: Award letter needed for Afterschool Snack Program
.Ms. Morley,
lfVe do not issue an Award letter stating an amount of reimbursement allowed under this
contract. The reimbursement received is based on the amount of snacks served multiplied by
the snack reimbursement rate. The Child Care Food Program which 'includes the Afterschool
Snack Program are federal entitlement programs, This means that your organization is
entitled to claim all eligible snacks for reimbursement with no limit on reimbursement. There is
ono •cap or award limit.
We can provide you with the amount of reimbursement you have received.
Let me know how can assist you,
Maria VVilliamson
Policy Section
Bureau of Child Nutrition Programs
850.245.4364
From: Perez, Ramon
Sent: Friday, September 21, 2007 12:57 PM
To: Gruber, Lisa 5.
Cc: Schroeder, Millie G.; Williamson, Maria G; Reeves, Phil
Subject: FW: Award letter needed
importance: High
Lisa
The City of Miami is requesting a official award letter before they sign the contract. They need this letter ASAP to
include if for the Commission's Meeting that is will be it in October Meeting.
Thanks, Ramon
f sh,.a fe.- 21 4:97.1e(
South Regional Supervisor
401 N.W. 5th Avenue, Suite: S . 417
Miami FL-3S128
Tel: (305) 377- 5551
F-ax: (305) 377— 5797
From: Morley, Lacleveia f mailto:LMorley@ci.miami.fil.usJ
Sent:._Fxiday, Sppl-Pimb r21,J0.0.7 45.2J l
To: Perez, Ramon . . .
Subject: Award letter needed
Importance: High
8/11/2008
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City of Miami Parks and Recreation (Snack Program - 2012 and Projected 2013-2014
2011/2012
Number of
Particiapnts
2011 - 2012
Ar
2013/ 2014 Projected
Number of
Particiapnts
'
2013 - 2014
PARK SITES:
Address:
District
SNACKS
SNACKS
CURTIS
1901 N.W.24 Avenue
1
13
1,226
30
_
6,060
DUARTE
2801 N.W.17 Street
1
74
10,628
50
10,100
FERN ISLE
2201 N.W. 17 Avenue
1
28
2,995
0
0
GRAPELAND
1550 N.W.37 Avenue
1
65
5,255
50
10,100
ARMBRISTER
236 Grand Avenue
2
47
6,104
45
9,090
DOUGLAS
2755 S.W. 37 Avenue
2
50
5,898
50
10,100
LUMMUS*
404 N.W. 3 Street
2
15
2,122
25
5,050
MORININSIDE
750 N.E. 55 Terrace
2
52
6,582
45
9,090
VIRRICK
3255 Plaza Street
2
98
12,271
75
15,150
HENDERSON
950 N.W. 3 Street
3
23
2,996
30
6,060
JOSE MARTI
351 S.W. 4 Street
3
105
16,651
105
21,210
SOUTHSIDE
140 SW 11 Street
3
0
0
40
8,080
CORAL GATE (Under Const.)
1415 S.W. 32 Avenue
4
13
235
50
10,100
KINLOCH
455 N.W. 47 Avenue
4
59
7,283
50
10,100
ROBERT K. HIGH
7025 W. Flagler Street
4
48
3,335
55
11,110
SHENANDOAH
1800 S.W. 21 Avenue
4
169
19,029
180
36,360
WEST END
250 S.W. 60 Street
4
134
19,420
120
24,240
AFRICAN SQUARE
1400 N.W. 62 Street
5
35
4,634
35
7,070
BUENA VISTA
5300 N.W.2 Avenue
5
16
2,721
15
3,030
CLEMENTE
101 N.W 14 Street
5
36
6,199
45
9,090
DORSEY
1701 N.W 1 Avenue
5
16
2,470
20
4,040
GIBSON PARK (UnderConst.)
410 N.W.12 Street
5
39
2,649
25
5,050
HADLEY
1300 N.W. 50 Street
5
42
6,229
50
10,100
LEGION
6447 N.e.7 Avenue
5
88
11,688
75
15,150
LITTLE HAITI /SOCCER
6301 N.E. 2 Avenue
5
37
6,342
35
7,070
MOORE
765 N.W. 36 Street
5
88
12,953
0
0
RANGE
525 N.W. 62 Street
5
59
7,338
60
12,120
REEVES
600 N.W. 10 Street
5
0
0
25
5,050
WILLIAMS PARK
1717 N.W. 5 Street
5
60
5,431
45
9,090
TOTALS:
1,509
190,684
1,430
288,860
2013 Snack
Reimbursement Rate
$0,80
Snack/Supplement Cost:
$0.65
Snacks 2013
$187 759
2012 SNACK PROGRAM FOOD BUDGET: $145,469.88
2012 ACTUAL EXPENDITURE REIMBURSEMENTS: $145,469.88
2013 Snack Program will provide snacks for 202 Days (includes teacher workday, winter and spring break)
2013 SNACK PROGRAM BUDGET: $231,088.00
2013 SNACK PROGRAM PROJECTED EXPENDITURES: $187,759 (cost may change with new bid)
Anticipated
Expense
Anticipated
$231,088.00 Revenue
The funding from The Florida Department of Health, Bureau of Child Nutrition Programs
is based solely on a reimbursement premises. The City of Miami will only be paid for the
amount of snacks actually distributed and documented to non -duplicated children served
during the eligible months of Oct. 2013-June 2014 and Aug 2014-Sept 2014 currently
operating after school programs. The amount of $231,088.00 is an estimate based on an
estimated total of y30 children multiplied by 202 service days multiplied by the current
reimbursement rate of $0.80 per snack.
11430 snacks daily
* 202 service days
288,860 total snacks
* $0.80 reimbursed per snack
$231,088.00 Total Reimbursement Amount
n
FLORIDA DEPARTMENT OP k
STATE OF FLORIDA
DEPARTMENT MENTi O.F HEALTH
BUREAU OF CHILDCARE FOOD PROGRA
Child Care Food Program (CCFP)
Permanent Contract
U OP
• CH!LDCA E'
it!, NOV 2011 •
FOOD
vj4 nriocsAMs
'TALL, FL .
6eL901
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; 0
The State of Florida ,
Department of Health
lth
Bureau of Childcare Fool 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
.1 Mc 1 1
.
CHIL.D����r�/wv,~~~.~_
PERNAN5NTcONTRACT
TABLE OFCON7ENTS
1
IDENTIFICATION DFCONTRACTING PARTIES
3
` EDTOSEEK LEGAL [|OUNSBL
�|ONT��CT�R��N�JURA8
3
'
THEOO RAQREE8TD'
A, ppC)VIDE SERVICES IN ACCORDANCE WITH CONTRACT
B. ACCEPT FINAL ADMINISTRATIVEAND
CIAL RESPONSIBILITY
C. COMPLY WITH GOVERNING LAWS, RULES, REGULATIONS, AND Pou»/E*
D. MAINTAIN AND ALLOW AUTHORIZED ACCESS To ALL RECORDS OF OCFpOPERA OwG
E. PROVIDE REQUIRED AUDIT RECORDS '
F. PROPERLY 0GBunSECCFpRBMBUR8EwGNTFUNDS RECEIVED
G. SUBMIT DOCUMENTS TOTHE DEPARTMENT
H' OBTAIN PRIOR DEPARTMENTAL OFCOmTRAoTOR'sOPERATIONS
\. MONITORING, COMPLIANCE AND REVIEW PROCEDURES
J. DEPARTMENT AUTHORITY To SEEK OTHER ACTIONS ATLAW
'
K. INDEMNIFICATIONL. ASSIGNMENTS AND SUBCONTRACTS
K. CONDITION FoRRECEIPT OpFEDERAL FUNDS
N. MEET ADDITIONAL REQUIREMENTS TOMAINTAIN PART|IC|pAT|ON|NCCFP
O' CONDITIONS FOR RETURN oFFUNDS
pPROCEDURES FOR D|GALL0WANCE OFPROGRAM PAYMENTS
J. INDEPENDENT CAPACITY oFTHE CONTRACTOR
R' TRAINING AND SECURITY
H'P�|�\H�ORpR|C|N8PoUcY
S. DESIGNATION OF NOB�U|R�MENTSVHENSERV|NGAS AGpONGOR
T. MEET ADDITIONAL
UCONTRACT AMENDMENT PROCEDURES
V. FOOD SAFETY AND SANITATION REQUIREMENTS
3
3
3
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5
5
S
G
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8
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=
`
_
U.THE DEPARTMENT AGREESTO A. PROVIDE AUTHORIZED REIMBURSEMENT
~'
IE oF ADMINISTRATIVE ACTION
PROVIDE REQUIRED rxout--uup=
CONDUCT PERIODIC INSPECTION ANi)REpOFTS
SPECIFY"~ WRITING WHEN kFSPONSE To DEFIC[ENciEs. ARE DUE
VVRm|NG-
8.
C.
O.E
NoTiFYCONTRA[T}ROFDEcIS0N|N
M0UALLYAGRE�
IILTHE DIEPARTMENT AND THE CONTRACTOR
'
DEFINITION
OF TERM
B. EFFECTIVE AND ENDING DATES
/\aLEGAL BINDING ENT
C. CONTRACT
NOTICES SENT ToCONT��O�SAD���RE��
E. PROCEDURES AND[8GoVERN|NGL/wVG
F. RESPONSIBILITY TO
G. NON -WAIVER IFICAr.ONOFRESPONSIBLE PARTIES
H. CoNTPmoTon,SNOT
iCoNO17|DNSOFTERMINATION
J. ENFORcEMEmT
K. EXCLUSIVE VENUE PROVISION
L. - ENTIRE.CONTnAcT;AMENDMEWTG
K. CONSTRUCTION ORINTERPRETATION OFCONTRACT
9
A
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10
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^~
/a
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SIGNATURE PAGE
ATTACHMENTS:
17
muu ��R � DER�|ENc|Es 2O
COMMoNEKAMPLffSoF ADMINISTRATIVE REVIEW 22
SER0�GD�P|c|�NoYPRoo�ao�ND*o�
FINANCIAL AND COMPLIANCE AUDITS
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. if 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 Contracts
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
Provjde 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 governed by this Contract.
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.
Regulations Part 3015, "Uniform Federal Assistance
For GrantsAndLocal Governments, and Non -Profit Organizations"; USDA Food and Nutrition Service Instruction 796-2, Revision
nts
and subsequent revisions; itle 7 CodeultioFederalg
and Title 7 Code .of Federal Regulations Part 3016, "Uttiform Administrnfive Require
Hospitals,
0al9,
Cooperative Agraamvets Requirements State And L°canandrAg eetmentstie 7 Code of wl h ns ituti ns of H ghe eud Edu a of States, Local
"Uniform Ad on-P r itve gizaons";for Grantstle
and Other Non -Profit Organizations"; and Title 7 Code of Federal Regulations Part 3052,
Governments, and Non -Profit Organizations."
b. The Contractor hereby agrees enEducation Amendments comply withtle
U S.Cof E§11vil 6B Re hts seq.)tof
amended,
ed U, n20 4 o et seq.) Title IX of t
as amended, the Age Discrimination Act
of 1975, Section 504 of the Rseq.)
Act of 1and (29llegUlrU.S.C., §794)Department h# re elation Enforcement
U.S.
of 1975, (42 U.S.C. §6101 et seq.) as amended, and all requirements imposed by the regulations of the U.S.
and USDA, Food and NutrEnf cemict
GuDepa llnee, of Agriculture (Title 7 Code of Federal t S0.3, 42s Part 15); In United
dire lives (Title tCode of pursuant Rto thtlons Part Sher, gu and 50);aroi thehen !n, be
be excluded p p
directives shall,
11 regulations thof rae, color, tnationel origin, sex, age, or disability, e to the effectxu that, fromno peraon
Skates shall, an the ground to program or activity for which the
gives rogram e that It will which
the
Contractor nira the bceived Fed albfinanciae l assist ncese tfromdUSDA;�a#ndnhereby g ve p g
y
nre
take any measures necessary to fulfill this of their Contract,
sponsored faclitties� are also sponsorser agree to ensure
any and all federal
compliance with these this assurancrements t each
(1) This assurance is given In consideration of and for the purpose of obtaining
ethos o n eteual
financial assistance, grants and loans of federal efunds,arsonnel,rihe (e safe end lease of, and the permission
of fedora
e
fedproeral and rty or Interest property, tthe detairope of or the furnishing of. services without consideration or at a nominal
consld property or wet e such property, of assisting the recipient, or in recognition of
consideration, er at a consideration which is reduced for the purpose
the public interest to be served by such sale, lease, ar furnishing of services to the recipient, or any Improvements
made with federal financial lassurance also incsistance orporates any rfederal agreementhe t arrangeto the ment, or other contract which
(2) or anyother financial assistance extended in reliance an the
has as one of Its purposes the provision ales cash assistance for the purchase of food, and cash assistance for
purchase or rental of food service equipment
representations and agreements made in this Contract.
maintain records, and
(3) By executing this Contract, the Contractor agrees to compile data,
A
submit reports as required to permit effective enforcement
nr v ew such recordis�bookstion andaws and accounts authorized
ascertain
n
personnel during hours of program operation toviolations of this assurance, the USDA, Food and
compliance withe the nondiscrimination evthe Leek Ifi therealenforcement are any
i nees as long as it receives assistance or retains possession
authorized to ofsign any
Nutrition Service shall have the right to seekaj judicial of this assurance. This assurance is binding on the
Contractor, its USDA. The, otransferees, andg appear on this Contract
persons whose signatures
assistance from USDA. person ar p comply with elf
assurance on the behalf of the Contractor.
c If reimbursements of ens the issued Section 306ntractor exceed 1°f thhe Clean Air Contractor
tes amaendd (2'U.S;C•
a1857(h) et standards, on 508rs, orf resin violations 1 the
1857 h) seq.), Section 508 of the Clean Wafer Act, as amended (3T� • Contractor shaligreport anyve Order 117 •,
and eEnvironmental
to the Department.
Protection Agency regulations (40o CeR Part cto's person of
artment. If reimbursements paid to the Contractor exceed $100,000, the Contractor's execution of
above to Dep'ee of any agency, a memnds to ber of Congress,
this Contractionshall serve as its certification
inflluence aniofficer orhemploy used C connFP ection with this Contractong ess,
organization par influencing reorsoreattempting ee of a member of congress in cone
t
officer or employee of Congress, or an employ
to Title 31 United States Code Section 1352, d. The Contractor shall not employ unauthorized aliens, s stem,
(1) The Contractor agrees to use the U.S. Department of Homeland Security's E-Verify Y
https //e verify uscis gavlemp, to verify the employment eligibility of:
J____--a---(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
. _ __-----(2) — The;Deparfinent .shall consider ,employment of unauthorized aliens a violation of Section
pursuant to this Contract;
274A(e) of the Immigration and Naturalization Act.
The Contractor shall comply with the Pro -Children Act of 1994, Public Law 103-277, which requires
e'portion of any indoor facility used far the provision of federally funded services
that smoking he not be permitted,rn any
with the provisions of -the law may result in the imposition ontie order civilil
including health, child care, early childhood development, education or library services on tine or regular basis,
tom netary up to age 18, Failure to comply imposition of an administrativep
monetary penalty of up to $1,OD0 for each•violafion and/or the imp
the responsible entity.
electronic storage in
D. MAINTAIN AND ALLOW AUTHORIZEDmaintain
ACCESS TO ALL RECORDS OF CCFPdocuments
s (including
incluOPERATIONSy ro ag media)refldct alln
1. To establish and maintain books, aced des ands, and dpract cessthiat isudffi geritl and properly Y
accordance with generally accepted accourrEingttpe Department under this Contract. arts in
revenues and expenditures of funds provided by p 12
2. To maintain its current en o original and
receipts and en original dor copy of all other monthly f CCFP claims and precords
separate monthly file folders containing
d
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 for a period of three (3)
years after expiration or termination of this Contract, or if an audit has been initiated and audit findings have not been
resolved at the end of three (3) years, the records shall be retained until final resolution of the audit findings or any
litigation relating to the audit findings or any action subject to administrative review. Any records retained, regardless
of the time retained, shall be subject to inspection, copying, audit, and review. If the Contractor is a day care home
sponsor that Contractor ,must retain records for all disqualified day care home providers for. 10 years after
disqualification.•
•
4.. Upon expiration or termination of this Contract and at the request of the Department, the
Contractor will cooperate with the Department to facilitate the duplication and transfer of any said records or
documents during the required retention period as. specified in subparagraph 3 of this section. The Contractor
agrees to maintain the records for the requisite period, even if this Contract is terminated .or if the Contractor has
ceased operations.
5. To ensure .that all records shall be available for copying, inspection, review, or audit, during any
hours that the Contractor is open forbusiness,'but at minimum between the hours of 8 e,m, and 5 p.m.
•
a• Ensure that all records applicable to the current month and prior 1'2 months of operation are
available .on -site, in paper form, for'ihspection, copy, review, or•audit•
b. Maintain ,a11 CCFP records at the site at which the Contractor provides program services and/or at
the Contrabtor.'s sponsoring organization office, as appropriate to the type cif record maintained. •
c. Provide access to records within.bne hour of ffbrmal 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 presentafio.n of photo identification.
•
7. Upon presentation of appropriate photo identification, .the Contractor shall grant appropriately
designated individuals full access to all program related records, financial records, supporting documents, statistical
records, any.of the Contractor's contracts and any other documents (including electronic storage media) pertinent to
this Contract, regardless of the. form in which kept, at all reasonable times, and 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 $500,000 or more in its fiscal year, shall assure that a single or program -specific
audit is -conducted in accordance with the provisions .of Office of Management and Budget Circular A-133, as
revised. ,.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.
Ravicofl R/7n44
ate
C. SUBMIT DOCUMENTS TO THE DEPARTMENT .
f, in addition to any date submit required
rocs{ptssinvcitces,tdooumeniati°n� °trlother �evidence iance Ithat th tthe
and federal law, the Contractor agrees of m and all claims for reimbursement
Depar
also require the Contractor to submit
submitted
In thes sole discretion deems requirement necessary to evaluate the va{I ity y p dto submit
submitted ti Contraator. Such nyai afor
or documentation
thereof that is not supported by
daoumentatton prior to payment of any claim; anY'
requested by the Department ct rwshalling shall idbe disallowed,nandapplication eto bypaipate in the CCFP or an
2. The Contractor provide any and all information requested by the Department which the
Department deems necessary In. Its sole discretion to evaluate an
but not
to renew d Its menu which
in tDe aFP rttment determines areevaluate a nnecessarye toevaluatethe appl cant scording
the
but limited to, documents which the p
Contractor's financial viability, administrative capability and program accountability.
3. n Contractor shall Contrractor sen officiace to l mailing addresse nto within
whi bfive
allbusiness
notices and other
a. Any change to the
correspondence shall be directed. The Contractor shall be bound by all records malted to that address for purposes
of enforcement proceedings regarding this Contract; location) where CCFP services are being
b. Any change to the Contractor's street address (physical
pravided;c Any change in the Contractor's Federal Ernployer 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:' reviousiy identifisd principal's or individuaPs. status that
(1) Notification of any change in a p
would render that (O
Notification of any convictions of a Contractor's responsible. principals or responsiblerson unqualified to continue to serve.
individuals (any person who holds a management position with the Corctor, owners,
officers
or
aimembers
n e s fraud,
of the
bribery, integfalsifrity,
Suchdesignated
destruction of records, making false
board of directors) for crimes indicating a lack of business integrity.
antitrust statements,
violations, stolen property,
theft,forgery,
sfatoments, receiving stolen property, making false claims, obstruction of justice, tax evasion, tax fraud, failing to file
tax returns, passing worthless checks, submission
businessffalse
setor fro faraudulent information to a state or federal agency, and
perjury or any other activity indicating a lack
(3)rThe 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;
shall:
De
artment, upn
additional records and
rmation the Department
b. Submit to the e Contractorr''s continued eligibility to participate i inn
deems necessary to substantiatee the the CCFP for the coming year
•
or; with the annual certification requirements, voluntarily
c, if the Contractor chooses oat to comply
Dweficiency.
y.fromFailure the CCFP by the data ualified certifca ionthe Drequirements oment erss currently under a volunta ily withdraw(f otm the CCFP will result
in on pun. ve to comply with
in non -punitive termination of this Contract without appeal,.unless currently under a Notice of Serious Deficiency.
H. OSTAIN PRIOR DEPARTMENTAL. APPROVAL OP CONTRACTOR'S OPERATIONS CCFP
1. A Contractor serving as a CCFP sponssori of
forallfacilitywith
and the
Contractor has no
baffliation
seal obtain prior written approvalbfrom the D�p
reimbursements. Salaries and ce withs must be
law.aThea reasonableness of salaries and benefits shall be determined
infor the furtherance of the CCFP
the De a being in after eve federal and odfishal in the d
by the Department its. review ofmade -available to operations
corporation-employees operations and shall not exceed
_ those .salaries sea. benefits generally
geographical area for similar selvi°es. The sole discretion,
rmination of reasonable,' prudent, and necessary salaries and
benefits shall be at the Department'sctorseany
a, A Contractor serving aaCCFP are°elated( by blood or mart age. without theth which the actor priorhas no affiliation
wr written approval
shallofthenot e Department.
or officers or directorsgranted only upon••.written documentation of extraordinary ..
circumstances
Dnces nenf. Any such approval will 'beperiod of time necessary to address the justifying
granted for the shortest
circumstances and shall only be
circumstances,
et
ndments that are
necessary, and allowablee in
3. The blactcr accordance with submit
and Nutrition dSery Service Financial Man gementalnsptruction
1n acc
prude, , feces 3 and subsequent revisions, geefms ranfurtherance
amounts the CCFP. The determination of reasonable, at the Department's sole thdfour. discretion. All
prudent, ts, necessary, budget
and allowable r approval. No
budgets and budget amendments shall require the Department's prior written app show get amendments may be filed
in y expenses
fiscal yearhatcouldsthe not bee reasonably actor is able
anticipat d and handled through the
additional
amendments are requiredundue to exden
allowed number of amendments. The determination th program meals equal ements aspspecifed laysole
7discretion,
CFR §226.20,
4. The Contractor shall n comply
CoFaintractor
to meet Program specifications
plan, subject the Contractor to additional documentation ct the Contractor to issuance of a warning etter, requ red require
(ADR)
Contractor provide a corrective a p termination, and disqualification.
claims procedures, Notice of Serious Deficiency, proposed
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 fora loan, line of credit, or for
a repayment plan for unpaid debts.
11 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:
as revised; and .a. Reviews of audits conducted in accordance with Office of Management and Budget Circular A-133,
b. Monitoring procedures by the Department that may include, but are not limited to, on -site 'visits by'
Department staff or contracted entities an behalf of the Department, limited scope audits as defined by Office of .
- Management and Budget' Circular A-133, es revised,.and/ar 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 requirerrients 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/dr goods and services of the Contractor which are relevant to this
Contract, and/or to interview any clients and employees of the Coritractor.
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 requiredcorrective 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
specifiedcfperiod of time set forth in the Contractor's.CAP.
g• That the Contractor's failure to submit an acceptable CAP to the Department within the timeframe
provided in the Department's notice, or failure to correct noted deficiencies, or failure to fully and permanently .
maintain implemented corrective action may, at the sole and exclusive discretion of the Department, result in:
(1) The Contractor being deemed in breach or default of this Contract;
(2) Suspension of program participation;
(3) Withholding of payment to the Contractor by the Department;
(4) Termination of this Contract for cause: and
(5) The Contractor and the Contractor's responsible principal(s) and responsible 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 individuals) on the USDA National Disqualified List.
i• 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 at records pertaining to any unresolved audil 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
on
of
c, Submit to the Department's authority regarding
the Issue and dnpyminati in the a eriou
deficiency. Fallure to respond or successfully resolve any Notice of Serious. Deficiency
and Its responsible induall ( ) and responsible prinotpal(a) being added to the USDA National' Disqualified List
pursuant to the requirements of Title 7 Code of Federal Regulations Part 226.
J. DEPARTMENT AUTHORITY TO SEEK OTHER ACTIONS AT LAW
I
q The Contractor agrees that admtnlstrative and criminal penalties may apply to violation of the
terms of this Contract,
acknowledges that any monitoring or review, whether performed by the
2 The Contactor hereby
'c Assistance Fraud or by another entity authorized by the
t the United States Department of Agriculture, the Florida Department of Law Enforcement,
eratethe
and assist
Department, will actively
Department of Financial i Services, Division of Pub
Department may result in the initiation of criminal charges and that the Department
ed as excluding or replacing any
in such criminal prosecution.or
be applicable under any federal or state statute to loco
3. The CCFP sanctions for Contractor violations shall not be c
criminal or civil sections or other remedies that may
General, or
ordinance; and
The CCFP sanctions. do not limit or replace the authority of the USDA' Comptrolleras any other
4, damages well
Department to seek damages, or civil or criminal action;
applicable federal and
g, Nothing in this Contract precludes the Department from obtaining
remedy authorized by law as a result of the Contractor's
onFttr ctor's breach of this Contract or violation of
•
rem Y to the
state rules and regulations pertaining
•
K. INDEMNIFICATION applicable as to the Department in • contracts executed between the
Indemnification ist not
1. ' an Indian nations, However, such indemnification provisions
and state agencies or subdivisions, as defined in Section 768.28, Florida Statutes, or between the
Department
Department and federal agencies nasovereign 2 and 3 of this section, defend, and hold harmless the Department
shall apply to the Contractor in Contractorsus g P ud nd, an h damages, consequential of
2 The agents, shall be liable for and l claims, suits,
, act actions, damages,
or omission consequential
the
andothail of its officers, attar, and employees andec from all claims, out of iany, g subsequentbhe
Contractor,
and including attorneys' es during and thetperformance or operation of this Contract or any
Co dificat o its 'agents, f, a et emdirect or
person ar•tangible or intangible property.
modifications (hereof, whether direct ill yeto and whether ito any the Department is given the
The Contractor's inability to evaluates liability or after such notice bylablllty shall or�oudgmc�nft eafter
3• adjudication D to 1
y
Contractor's duty equivalent defend and inselvicie e -mail or facsimile transmission. Only
highested ppe exaus delivery the Contractor not liable shall excuse performance of this provision.
Thehest appeal is all exhausted soand
finding to defend.
DepartmentsContrac
tor shall pay all cost and fees related to shell not igefease theContractorof the abav � Department. The
failure to notify the Contractor of a claim
L. ASsIeNMENTS AND SUBCONTRACTS
1. The Contractor agrees:
a. subcontracts or agreements affecting the Program subsequent to the
It shall be responsible fori the administration and financial management of its operation;
b, it shall not enter into any
execution of this Contract without the: Department's prior written approval;
If it intends to enter into any Program related subcontracts it shall:
°' Provide the Department written notice of the. intended subcontract. • That notice shall
(1) include the name of the subcontractor, the name of its principal owners, the intent of the contract and the
intendeddates reflecting the proposed
(2) Provide
estimated total value of that contract;
Department any required budget up
subcontractor's expense for evaluation;
(3) ...Not -enter into-the-requested
dretationshipt inntil approved support of this Contrhe Daetpshouldtl and
the Department
.__.._._._,_...___ ....__....__.. - (4) Not pursue a sub .
such subcontract, Department shall not approve any subcontract for CCFP
not approvem financial royal,
2. The Contractor agrees that the Dep and submission and approval,
for
management
functions, including but not limited to, tperinradet rminations,�monmor monitoring,
review app
preparation and maintenance of enrollment rosters,
•
reimbursement, of CCFP related subnf�epartmentcts shall b hall beat nullandisvo d as to the
3.cretion of the
Approval or disapprovalapproved by the costs. for the unauthorized
Department. Any Program related e Department's rponsibility to reimburse any
provisions of thisContract
of the Contractore's operations.
performed and all expenses incurred for
subcontract supportk permits the Contractor to subcontract part
qt The Contractor of the
D artm nti If the Department p services
of theernwork the CCFP on underbeofeDeposYexpenses and
of work
contemplated Contractor this Contrac
t, including t shall not gbetliable to the subcontractor for any
r or
incurredall
commodities, the under agrees that the Dep
expenses
andsies the subndetrthe subcontract.ct and the TheContactors, at itsl expenseliable , will defend the Department
expenses and liabilities incurred
against such claims.
5. The Stale 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
!n 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. a Contractor Legal Narne and Federal Employer Identification Number (FEIN) shall not be changed. its approved legal name and FEiN.
The Contractor agrees that it shall maintain its participation in the CCFP under this Contract under
b. c. The Contractor agrees that it shall not change its legal name or FEIN under this Contract.
The Contractor agrees to immediate termination of this Contract•if the Contractot 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.mvfiloridacfo.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 suffcient.detafl to•
justify the reimbursement claimed;
b. Records shall be available to support the plain and the Contractor's act of claim submission shall
be a•certlfication that such records are maintained in the Contractor's files to substantiate each claim submission;
c. Claims .fbr reimbursement shall be submitted to arriveat the Department no later. than 60days
following the lass 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 Contractfor, 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
CCFP.
The Corporation and each of its responsible principals or responsible individuals (aa defined ppuarsuantinthe 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 Contractbr 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 she!! state the name or names of the intended
purchasers, transferees or creditors and be provided to the Department in writing no less than 30 days prior to the
date of such proposed change, The Department may also obtain such information from the Florida Department of
State, should it choose to do so in addition to any contractor notification provided.
b, ' The Department shall either agree to or decline the proposed change and provide the Contractor
written notification of its decision. If the Contractor chooses to pursue the proposed change after the Department
declines, the Contractor agrees to notify the Department of the sale. This Contract shall terminate upon the date of
that sale, consistent with the terms of this Contract. The Department shall not pay any claims from the Contractor or
its designated assignee for meal services -occurring after the Contract termination date.
c. If it is discovered or reported that from the date of the Contractor's initial CCFP application more
than fifty percent (50%) of the stock of the Contractor's corporation is sold, transferred, otherwise conveyed or
pledged, the Contractor agrees that this Contract shall terminate immediately,
d. Failure .of the Contractor to provide such notice may result in the Department issuing a Notice of
Serious Deficiency and Notice of Proposed Termination and Disqualification of _Responsible' Principals and
Responsible Individuals and immediate termination of this Contract,
7. If a contractor fails to complete all responsibilities under this Contract, the Contractor and its
responsible principals and responsible individuals may be disqualified from further participation in the CCFP and
placed on the USDA National Disqualified List.
D. CONDITIONS FOR RETURN OF FUNDS
To return to the Department any overpayments due to unearned funds pursuant. to the terms -of this - -` -
Contract or applicable state or federal law, rules, regulations, instructions, policies, procedures or manuals, that are
used by the Department in its administration of the CCFP, In the event that the Contractor or its independent auditor
discovers that an overpayment has been made, the Contractor shall notify the Department by certified mail within
Revised 6/2011 9
In the event that the Department first discovers an overpayment has been made, the
s of such discovery. Repayment shall be made pursuant
r instructions
five art day fetter of such a finding, federal be law;
(5)the Contractor by to0t the
Department will notify meat to sponsored facilities and a contractor's payment
m neinstructions are ions to the to Contractor
shall Include interest of require Y
Department's
may include but are not limited to
Department, requirements
with recordkeeping q
P. PROCEDURES FOR DISALLOWANCE OF PROGRAM PAYMENTS Department shall disallow payment for any
the Dep but are
In the event the Department disclaims for reimbursement, the
to comply al receipts and
pertaining to recordsnodirectly byupportingsupport claims for reimbursement may include,
acted such records. Reoo�dsonsadauYppmeal counts, menu records, origin appeal the
meals and/or not free
price meal applications, not limited to, free and reduced
P expenses, enrollment records,
and as described attendance
Section 11.V3 of this Contract
Contractor may
Depicts for decision p amen
Department's to disallow Program payments parties that the Contractor is an
Q. INDEPENDENT CAPACITY OF THE CONTRACTOR It Is agreed between the
lacto by this
1.
In performance of this Contract, liable for the performance of all teaks contemplated independent contractor and that the Contrve actor Is
solely liable
Department. erformanae of this Contract,
Contract, in theh are he llY o ant the
ide pendent agents, he Depees,ar m n subcontractors in performance
or agent of the State of
2' of an independent contractor and not as an officer, erriploy
shall act onpacty not represent to others that it has the authority to bind the Department unless
Florida. The Contractor shallagents, employees, performing •
specifically authorized in writing to do officers, ag la pees, and its subcontractors are not entitled to state
P The Contractor, other compensation of state employment as a result of p
3.
retirement benefits, state leave benefits, or to any be necessary to ensure that each
the duties and obligations of this Contract.
4. or will be deemed to be an Independent Contractor and will not be considers or
The Contractor agrees to take such actions
State f Florida.
subcontractor of the agent, servant, Joint venture, or partner of
permitted to be an the Department.
TRAINING The SECURITY s and training sessions required by p
1 The Contractor contain
t i attend all meeting
farms, reports, and information, in whatever form, in a
recordsR. contain information that isconfidentialunder both Florida and federal taw. 2. Co mCFP nand all records, documents,
understood that the Contractor is acting on behalf of the
Contractor agrees to maintain any
seance location with a tic Access Is to Records. It istexpressly ect the records, herein agrees and shall:
3 Public with public record access provisions eshall constitute contractor violation of the Contract for
which Department and refusal mayto comply the Department in
which the Department notify
the terminate the any rract. Therefore, properly approved by
Promptly n ace the Department of requests atu e until properlyc records;
a'grant access to or release records of any
q, Not public access to all documents,
writing; When instructed p Article (, Section 2�, of Florida's State
ursuant to the terms of this Contract, allow Department;
d. C.
Florida Statutes, 7 CFR §225 at no additional cost to the Dep
papers, letters, or other materials related to this Contractrequired by law or administrative rule to be protected from
Constitution and Chapter 119,reasonable attorney fees and
d. Maintain the confidentiality of all records including
disclosure; }Told the Department harmless from any piaim or damageease; and
e'penalty imposed as a result of the Contractor's
improper
po at the Contractor's o of c nfip ential records
whether or public
any recordne or p�n Y Departmentagainst
costs public Aor not and rtmlentaccess to ay paper or electronic records that contain data relevant to this
f. Allow the Depart , ..._........ _..,.._..._..._;....._.....
management information or data.
Contract and associated many _^.._..- ._....._.....__ ... policy
non -pricing or pricing P Y
esignate its participation under either the non p policy without written
S. DESIGNATION OF NON -PRICING OR PRICING POLICY e its designated p Y
1. The Contractor agrees to The Contractor shall not change listed below upon entry into the program. under one of the fallowing:
approval from the Department. The Contractor shall select and participate listed on the Site Information
2. Non -Pricing Policy orate charge regardless of race,
a.The Contractorormaagrees (s), are
children
attendance
atinoi site(s)
child in the course of the ace,
corms) and/or,genational information ab lForitY
e, national origin, or disability, and there is no discrimination against anychild
directly connected with
al
color, sex, age, e national origin, or disability. information to p
service based on race, color, sex, age,
b. The snforcemen agrees
the tCCFP, access to eligibility
the administration ande Policy separately
for•
meals. The Contractor will charge no mot than
3 Pricing . agrees to charge sell
a. The Contractor per 30 cents for areduced-price breakfast and no more than 15 cents for a
40 cents- for areduced-price lunch or snap child enrolled at the site(s)
reduced -Price snack Contractor agrees to serve free or reduced -price meals to any
Form(s)(federally Income
as the
b.whose household incomoo� lAssistance Program Floridarrent IAN� e Eligibility
Guidelines
listed on the whose
Information household
l Temporary Assistance to Families (T )
Supplemental
or wh0tion Assistance rProgram - SNAP)its orfrom the F
Supplemental Nuts10
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 meet 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: 9) daily collection at a designated time and place; 2) weekly collection al
a designated time and place; 3) monthly collection at a designated time and place; or 4) billing • statement to
parents/participants,
e. The Contractor agrees that there will be no overt identification of free and reduced -price meal
recipients and no discrimination against any participants on the basis of race, color, national origin, sex, age, or
disability.
f. The Contractor agrees to implement the following policy in determining the eligibility.of program
participants.
(1) " The Contractor agrees to send to each 'household a Parent Letter and Application for
Free or Reduced -price Meals, based on the samples and procedures provided by the Department. of Health.
Parents/Guardians will be.regbested 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 urider 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 I's'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.
9• The Contractor:agrees to annually provide a public release containing informationfrom the sample
to the media serving th'e 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.
its appeal. • (2) . An opportunity to be assisted or represented by an attorney or other person in •presenting
'
(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. .
(8) • An opportunity to present oral or documentary evidence and to make an argument that
supports' its position,
(6) An opportunity to question or refute any testimony or other evidence and to confront and
cross-examine any adverse witnesses. •
(7) • A hearing conducted and the final determination made by a hearing official who did not
participate in making the decision being appealed. or in any previously held conference,
(8) A determination by the hearing official based on the .oral and documentary evidence
presented at the hearing and made a part of the hearing record,
(9) Written notification of the decision of the hearing official.
j. The Contractor agrees to prepare a written record for each hearing, which Includes the challenge,
or the decision under appeal, any documentary evidence and a summary of any oral testimony presented al 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. 2. Comply with all CCFP requirements relevant to its function as a Sponsor Organization;
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 ofall reviews to the Department as instructed;
4. Reopen administrative reviews when the Department so directs and conduct such reviews in
compliance with 7 CFR §22G and the Department's instructions;
Revised 6/2011
Issue
o
a
5,
Record the reopened administrative review,
an afillitate the deficiencies the f a for al writtentffinding
and
forward that finding to the parties and Department In
resolutU. CONTRACT AMENDMENT PROCEDURES
1, Contract Amendment
a,
The Department shall have the right to amend the Contract from time to time as required last under
eed the
Program's regulation or for operational necessity.
b, Such amendment, l no later bthe y
2pdays ofretce ptlobthe amendment: d to the Contractor's
mailing address, The Contractor seal to the Department; or
(1) Pro the amendment m and return a copy
(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 the
(2) 35 days after the Notice of A e e ence intthe grit original CantContractor, eensiderad effective
d The amendment shall be adopted byarlad unless;
against all parties at the endT of e Contractortosubmits
ble 30 sdWrit
(1) The asubmits wofehe notice
ein less; objection
ort°n to the amendment and Its intent to
t
withdraw from the (2))agra • The
eeinDepartment
30 days of partm nt withdraws the amendment, within 30
2, The Contractor shall;
the Department by not objecting
a, • Elect to comply with the contract amendments Issued by
b,
Provide written notice of obJeotion and withdrawal from the Program to the Department ithin •t e,
days from the date of receipt of the. proposed amendment; or
earlier of; (1) 30 days from the date of the receipt of the written notice of contract amendment;
2 35 days after the Department malls the Contractor notice of the contract amendment.
()ckaim and receive approved
V. 1, SAFETY Co SANITATIONctorher byexpressly agrees that the C ractorsshall or federal health andisafetypp
1 These meals
ereby p
reimbursement for those meals that are served according to applicable other than
requirements. child care
2. The terms and conditions of this Contract shall in no fashion be used for purposeslocal, state or
be required by
are intheeCCFP.oThe Cr any additional
ti onal hereby
ure or certificationsthatmay b ereood permitor t stet
participationonsible for any add child care facility with federal usolely reap
federal authority, The terms { an facility °raoperation. rovl e anywith all food safety and sanitation requirements as
al
approval for its food articipating child care centers must comply of meals.
3re areticn, cooking and/or serving
they apply to the food storage, p p
It. THE DEPARTMENT AGREES TO:
A. PROVIDE AUTHORIZED REIMBURSEMENT
applicable rules,
procedures, and/or manuals. Claims for reimbursement shellnot
(filled with
The
Reimburse the Contractor for meals and other allowable costs as furer provided in
the
Department
regulations, instructions, policies, close approval bel from USDA, grant
Department within 60 days s not required to, at its sole ndiscretion and with co laim was
Department may, thoughlate clam Is
an exception to this requirement. Payment of any
El: PROVIDE Rthe
PROCEDURE FOR termsREVIEW OF of this CCFP policies, instructions, procedures, or
manuals, or any MINISTRATIVE to
N
Should the Contractor violate anygoverning the program, and as a result, the Department acts to withhold
funds or ore ste •ict or Tetermi atie tend laws g articipation in the program, the Contractor shall be informed of its
funds l rights.o restrict or timely
request foronan apes p
Upon fimeiy reqeel, the Contractor shall
be Para 22C�rded an administrative review only if
appeal bfederal ursuant to Title 7 Code of Federalg
required by law p
a ors, documents,
C. CONDUCT PERIODIC INSPECTION AND REPORTS of the
Department shall
goodsfa
and services which are relevant to this or°evaluaf odn/Otheinterview
any
To inspect or evaluate the Contractor's records (including electronc storage media), , p —
Ccntrac Contractor's
clients
and/or ntths orContractor's
employees.
r' e.Upon completion of any such inspection
pontractor's clients or employe • report of its findings. The written report shall describe the Department's evaluat on—
onsibilities and abifgafians as outlined in this Contract.
provide the Contractor performance
a written
of the Contractor's performance of its reap
Q EFI I its findings and a date certain by which the Contractor must
D. SPECIFY provide
teWRITING WHEN Contractor a wrl e TO Dor of it fiES ARE DUE
To itten ce rec ve actina written
When applicable, the Department shall also provide the Contractor a
provide a written corrective action plan ( which the Contractor must provide its written CAP.
written Notice of Serious Deficiency with a date certain by
E. NOTIFY CONTRACTOR OF DECISION IN VW1TiNG
provide the Contractor written notice of the acceptance or rejection of the Contractor's
CAP. The
s CAP.
The
To
Department shall issue written notice to the as 12epeiled address for the Contractor and those
individuals and responsible principals described in the applicable governing regulation and procedure manuals when
the rejection of a CAP requires termination of this Contract and disqualification of the Contractor and responsible
individuals and responsible principals.
111. 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 es 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 ENDING 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 agreess 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 cif this
clause and 7 CFR §226,6(k)(5)(ix).
a, The Contractor agrees to provide an authorized representative to represent the interests of the
institution and/or his or her Interests should the Contractor request an in person hearing and subsequently be unable
to attend In sufficient time to permit the issue of a Final Order within the 60 day limitation of 7 CFR 226.6(k)(5)(ix).
b. Should the Contractor request an in person hearing and be unable to attend and fails to nominate
an authorized representative to attend in their place, the Contractor shall waive the right to personal appearance and
the requested administrative review and the Department's action shall became final.
c. A Final Order Shall be issued upon conclusion of the administrative review to occur no later than
60 days of the Department's receipt of the Petitioner's request for the administrative review.: Such timeframe is an
administrative requirement for the Department and may not be used as a basis for overturning the Department's
action if a decision is not made within the specified timefrarne.
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 theCCFP and each name shall be entered on
the USDA National Disqualified List, Those named .parties shall be precluded from further participation in the CCFP
for a period of seven years or until any funds due the Department are repaid, whichever occurs later; and
c. Claims for goods or services provided after 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.
Q. 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. 1120.38, 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
A '?
E. • • PROCEDURES AND NOTICES SENT TO CONTRACTOR'S ADDRESS OF RECORD.
1, Allr rwritteneimbursement
notices or describing shell be mailed ion to theor aken latest address on file with t e Department,
pll timent
epartment with regerd to the
Contractor's CCFP reimbusemens current
partr eniolpati the Contractor end
The Contractor shall ensureparties agree
that the tDepartm Department mailing
shall oo addresses
allare
notices asreceivedby
2. The part g
Its responsible principal(s) and responsible individuals) five days after being sent to the last address the Contractor
reported to the Department.
F. TheePailure of hOO Contract
SERVE ALL GOVERNING LAWS a erequirements law , regulations
In sand and federal s not
failure of thisO Contract to cite all applicable state and federal laws, regu{ations and policies does na
waive the Contractor's responsibility to comply with ail applicable
regulations, and policy,
G. NON -WAIVER or default and take such
1. The Department shall have the right to declare any violation, deficiency,
•
action as may be lawful or authorized hereunder, in law or in equity,
or
In
on
2.
A Department waiver of any term, provision, condition
term, povena t condiC ntracvnall n tebe
deemed to imply or constitute a further Department waiver ofany other
and no payment by the Department shall be dedhied a waiver of any default•hereundere anacfion in connection with that
3. The Department and Contractor expressly
o rf ilure e thato tekDep y ment's failure to declare any
violation, deficiency or default immediately upon
occurrence, does not waive such violation, deficiency, or default.
H. CONTRACTOR'S NOTIFICATION OF RESPONSIBLE PARTIES
•
1, Pursuant to 7 CFR §22 the Owners) rExeauptivesDi Dible irector/CEO, Chairman oof the Boardiand Board
Members,cluding butm not become
to the CCFP Manager,pursuant to the terms of this Contract. These named
may become parties to a disqualification proceeding
parties are defined In 7 CFR §226.2, which shall control which individuals shall be named parties In any
disqualification prabeeding.other responsible
2. The Contractor agrees hat upon the Board, of thisr BoardContract,
it shall and ranits CCFP Manager,
•
Ownerals Executive respo Director/CEO, individuals
idu Chairmana art to a id or
voluntarytioy
principals and responsible individuals that
theycondition
hallobetheft
subJeotito becoming
individualppaid or
participation in the Contractor's
shall
organization,
proceeding. The Contractor shall ensure talisted hererinCipals and responsible Individuals comply
terms of this Contract e and all governingrequirements
3, The. Department agrees that
cablepes responsible itndividdetermination
uals of the cited deficiencies, it shall notify the
Contractor's responsible principals and appli p
I CONDITIONS r ninatTERMINATION paid hen t shall be
1. Termination at Will. This Co�he is greedtto between heoparEiessin writing o less than thirty (30)'
calendar days notice in ransm unless a lesser arson with proof e
f
delivered by facsimile transmission, email, certified mail — return receipt requested, or in p� roved
delivery.
a. In the event termination of this Contract at wilt, the Contractor will be compensated or app
•
b.
The Contractor shall be permitted to voluntarily terminate this Contract after the date the
Program costs lawfully incurred prior to termination:
discontinue the serious deficiency process and therefor may
yan resultthoUSDA
the
Department issues a Notice of Serious Deficiency to the Contractor. However, the Contractor's self termination
p being placed
under such theircomraances does not oiscon and responsible individual(s) names of Contractor and its responsible principal(s)
National Disqualified List,
2, Termination Because of the Contract In the event funds to finance this
less than twenty-four (24) hours notice infbecome
writing to
the Contra ,the Department may terminate
the Contractor. Said notice shall be delivered by facsimile transmission, email, certified mail -• return receipt
e uested, or in person with proof of delivery. The Department shall' be the final authority as to the availability and
requested
adequacy of funds.
3. Termination for Cause. �ontDcpp� for r any of the serite ous deficiencies def}is �enc e#s for
but not limited to
noncompliance with any provision of this
kes the designated
those in Attachment 1.
4, The Contract shall be permanent
unless Contract imayfbe Drmfnatedtif noor t otherwintractor se prohibited by other
additional actions described in thistheContract,
terminated,t
Contract Amendment; and of
the Cohtract'or s wntfen nofic`e �o T artments' written
a. Objection t
b. Election tmwithdraw from the endmen to the Contract.
within 30 days of receipt of the ep
notification of a proposed a
J, ENFORCEMENT policies, procedures,
1, Each provision oflhis'Co tt+�ont ac#inorrofrany (CCFP rules, regulations, P r've and`valfd ender
instructions,
n law. if any term f or provision ben of
the instructions, or manuals is found to illeghall be strncken uneforceable, the remainder of the Contract shall remain in full
force and effect and such term or provision 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 stale 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.fe,deral law to
any dispute between the parties to this Contract shall be conducted in Leon County, Florida to the exclusion
offal' 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 forthe Contractor to reject.a'n 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 acid 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
SIC NArU{�� PAGE .
licensed in the State of
As
authorized representative empowered to commit to the terms of thls Contract, I have been
ex the Contractor's astho thiss Contract and the
corporation and/or individual Inteesta of associated
ig dividuals or individuals
expressly advised to seek legal advice regarding the terms of this Contract with an attorney exp Y a artment orappropriate rt g
Florida representing the interests of the advice from the Department named hee, myself or thosie who I am on any to represent. I have considered seeking
legal e.1rights for y
el an behalf. of myself and those who I am
advice. i have read the above Contract and understand each section and paragraph.es onalbie
empowered
torn I cet.I eacknowledge that I enter intoothis Contract
Contractor's
onfr Y Chairman of the responsible
espth sib e actor's
myrepresent. I expressly ger, to er(S) the
Dirrector/CEO, Chairman onsibie principals
regarding d
to p er, Owner( ),
individuals, and
aninoothher responsibleaprincipals and responsible individuals of their liability
Members, and any
•
compliance with this Contract, Contract and Its sub�eat ateference,tto be
INA aWITNESShment 1 THEREF, the parties hereto have caused this 16 page intorathis Ito u Contract by
Attachment �, Attachment hed official as du 1y authorited zed.
incorporated
executed by their
CONTRACTOR:
CONTRACTOR:
A�23S4
(Authorization Number)
Cd.t of Miami -Parks and Recreation
(Legal Name of Organization)
(t7/B/A Name)
2nd Avenue
(Address)
31.
EE ATTACKED STGNA ME SHEET
SIGNATURE of Chairman of the Board,
President, Executive Director, Majority Owner,
or Delegated Authority
PRINTED NAME:
TITLE:
DATE:
05• ti'•�
t GBILDON1,A
CD NOV 2011 _—
STATE OF FLORIDA
DEPARTMENT OF HEALTH:
•
Marla Williamson, Chief,
Bureau of Childcare Food programs
DATE:
16
CITY OF MIAMI, a Florida Municipal Corporation
By:
Jo 1y Mart' -z, Citjonager
Date:
Attest:
By: 1/14, NLP
Priscilla A. Thompson, City Cl
Date: 1(" 74/
Approved as to Form and Correctness:
By:
Juli
Date: /
yBiu, City Atio
Approved as ..to. Insurance equ raxnents:
By:
Calvin'Ellis, ''slcM•nagement
Date: f ig
Authorized by Miami City Commission Resolution No. R-11-0373, adopted September 27,
2011. (Copy Attached)
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT
• ATTACHMENT 'I
COMMON EXAMPLES -OF SERIOUS DEFIcIENG;ES
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. Submtsslon of false Information to the Department and/or filing claims based on false or fraudulent
records
• Failure to disclose ineligible officers, directors, key employees
• Listing fictitious employees/officers/board members on an application
• Claiming tax-exempt status when denied, rescinded, or in any fashion no longer available
• Submitting the IRS tax-exempt determination letter.of a different or defunct organization
• Concealing a conviction for any activity occurring during 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 ioestablish 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, rather than the number of meals actually served
6, Non-compliance with applicable bid procedures and contract requirements of federal Child Nutrition
Programs
• Failure to competitively procure goods•and services
• Anti -competitive practices, such as collusion, kickbacks, conflicts of interest
• inclusion of non-competitive provisions in a bid, e.g, "successful bidder for a contract to provide meals
must establish a scholarship fund"
Revised 6/2011
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 nonexistent 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
imbursement for meals that do not meet CCFP requirements
a. Claiming re
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 andlor CCFP requirements
• facility or vendor is entitled to
Payments sent without endorsements or otherwise incornple e
• Payments made for other than the full amount the supplying •
permission of the facility
• Payments made to afacility entity/person otheer than eth andity that eamed the the facility without expressf• written p
Payments made to anfimeframe of receipt of associated
• Checks not mailed from the Department or first buss not iness daythereafter
reimbursement to t an to separate facility bank account within 5 day time frame.
• or failure
e to
full full
amount
of facility fact' payments
or failure to maintain ful! amount of facility payments in commingled bank account until checks clear
facilityadvances care homes
•
Using facility reimbursementfunds
to pay
centers or center funds tto pay
ay CCFp homes
•
Using day care home funds to pay p
• dget
Retaining sponsored center funds in excess of the percentage approvedram
11 History of administrative or financial mismanagement in any USDA child nutrition program
e g Summer Food Service Program, National School Lunch
Institution left another child nufrifiori program (operation
• Program, etc.) because of a serious documented problem in its a free
• Failure to maintain required corrective actions
▪ Institution terminated for serious deficiency en for example)
of the CCFP (child care center for example) applies
to care homes to administer a different part (day
a proprietary child care center during a calendar,month in
1 z, which
Maiming t reimbursement centerd sfor moats served by p requirements
the does not meet Title XX
eligibility rig ychit are or Free and Reduced cdd eligibility
in
' requirements, as applicable
13. Failure by
a sponsoring organization to properly 'classify individuals or homes in the correct
reimbursement category .
14. Failure of a sponsoring organization to properly exercise its oversight responsibilities
• Failure to adequately monitor
• Failure to require full, permanent, and systemic corrective actions •
• providers when issues of noncompliance
Failure to impose sanctions on centers, sites, or daycare home p a Fappeal procedures, as
aidentified suspension, termination, disqualification and'
Failure to fotfow.serious deficiency, p
applicable A participate in a
ts principals have been declared ineligible top p
15. publicly
fact thatand the og am dune torviolatingny of rthat program's requirements
publicly funded ping
Child Care Food Program Permanent Contract
Attachment 1', Page 3
16. Failure to make payment(s) to subcontractors) 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 Contractor's performance under the --
terms of. this Contract
• Failure to immediately remove a responsible principal or responsible individual, an officer, executive
director, CCFP manager, another manager or member of the board upon the individual's conviction for any
activity that indicates a lack of business integrity as defined in Title 7 CFR §226 and to include fraud,
antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, obstruction of justice, tax evasion, tax fraud,
failing to file tax returns, passing worthless checks, submission of false or fraudulent information to a state
or federal agency, and 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)(9)(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
CHILD CARE FOOD PROGRAIVI
PERMANENT CONTRACT
ATTACHMENT 2
SERIOUS DEFICIENCY PROCESS AND ADMINISTRATIVE REVIEW PROCEDURES
All Contractors are required toabide by the requirements set forth in Title 7 Code of Federal Regulations Part 226.
All notices of serious deficiency, notices of proposed termination and notices of proposed suspension shall be
provided by the Department to the Contractor and its executive director/CEO, owner(s), CCFP manager, chairman of
the board of directors and other responsible principals or responsible individuals, as applicable, by facsimile
transmission, e-mall, ea -riffled mall or equivalent delivery service.
If the Department determines that a contractor has failed to comply with a requirement of Title 7 Code of Federal
Regulations Parts 226, 3015, .3016, 3019, 3052 and/or FNS Financial Management instruction 796-2, Revision 3 and
subsequent revisions, which constitute a • serious deficiency, the Department shall issue a Notice • of Serious
Deficiency that specifies the serious deficiency or deficiencies and provides a date certain •by •which the Contractor
shall file a corredtive.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 folloinr-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 nay 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 deficlency(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
willDe appoint an administrative review official (ARO), If the request for administrative review was not timely filed, the
Department shall notify the Contractor; responsible
principals
taken responsible individuals that review is no anger
bep action authorized and that the Department's proposed
Department action no later than 30 days after
rrm support the
timely written request is submitted, the Contractor,presponsible principals, and responsible individuals must
If a t Y opposition to the proposedsubmit documentation
submit documentation in
Department's notice to the administrative review official. The DepartmentmaThe y
within 't5 days of the Contractor's request foradministrative written review.
. the admDepinistrative
e review Can official
rill
considerits den proposed actions based upon.
the Department's prop
ed by
Contractor or r responsible principal Individual ludedsfs such a
will be held in addition to, �or in lieu of, a review of written information only If It is not ®maudy consi arTitle
any
A Code
of fl and the Con
hearing
of Federal Regulations written
qua tk)() a prudent person
evid ng in thetinitial written rtIs credible,for itrustworthy land would a reasonably be relied upon by pf a hearing Isn
evidence conduct
he or she determines normalactivities. Either party may be represented by
inthe conduct of his 'or her llwitdaily cross examine witnesses. Witnesses ave form, tebstify
requested, the parties
may
witnesses
ttelephonenand a may be permitted to testify
in telephone and men
administrative requirement for the Department andnmay not be used as
administrative review official will Issue a decision within 60 days of the Department's receipt ief a timely file written
admt
a requestsisfor administrative review,
ar whicht'i
a basis for overturning the Department's action if a decision Is not made within that spear to cooperate in the
•
Consistent with the terms of this ngCoprocess
and 7 CFR §
22g, the Contractor herebyagrees
' t-administrafian of the hearing process and that no
of this clauseance shall be and 7 CFR §226 6(k)(5)(uested ix)r granted that would
require
limitation require the Department to exceed the 60 day
Contractor agrees to provide an authorized representative to represent od the interestbes
of unable theinstitution
and/or his
The Contron of 7 5 tx Should the
sufficiento
her interacts should the issue of a r naOde in pe day Contractor
tirequest permit in the issue of a Final adObeeunable to attend andifails tto nominate an authorized representative
taendin an the person hearing appearance and the requested administrative
to attend their Dnel aci-etrrent s action tsha I become finor shall waive al right to personal
review and thep
individuals. The termination of this Contract upon
rendition
Suchontaf
The admin
istrative review official's determination is the final administrative determination tobeafforded tot e
a Finalilon and shall nstbie principals and responsibleappeal of or challenge to the Final
tiling a Motion for' Stay Pending•Appeal with the ARO, if the Motion for Stay is granted, the
y
a Order not be automatically stayed pending any pp
may only be obtained by
Contractor shall bep ed until the time for, appeal has expired, the administrative review is
permitted to continue to participate and receive Program reimbursement for eligible meals
completed,
and allowable appeal is dismissed,
, Theh Contractor hied or the is dismissed. Contractor shall waive its right to seek such Stay ifit fails to file a Motion
for Stay wifhin the period authorized in Sec. 120.68, F.S. of a Notice of Appeal with the
The Contractor shall waive its right to appeal the Final Order if it fails to file one copyes required
ent of Health and a second copy, •accompaniiedbbe fitfited within 30 days of ltheaw, (with
ith
Agency Clerk of the DepartmAppeal,Tallahassee, Florida. The Notice of Appeal must
'
the First District Court of
of the ARO's Final Order.
USDA National Disqualified List
proposed action for disqualification from the d holdfCare
a National d
Contractor, responsible principals and responsiblle individuals do not timely request administrative review or if
adIf a Con upholds the Department's p p will be
Program,
m, the review participating in theChild
Disqualified
am, the withContractor ther ni edrStates Department oflAgrriculture andwillbe prohibited from principal, or iresponsible
Chi
Ca e Food List oUnited
period of seven years. Additionally, if a contractor, responsible Care Food Program for a period
owed under the Child Gare Food Program, they will remain on the list until the
individual has fat! �ddto repay
debt has been rep
21
n....�...:.r1 A/9(111
"--)
J}MALT' .
CHILD CARE FOOD PROGRAM
PERMANENT CONTRACT '
ATTACHMENT 3
' FINANCIAL AND COMPLIANCE AUDITS
The administration of resources awarded by the Department of Health to the Contractor may be subject to audits
and/or monitoring by the Department of Health, es described in this section,
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97,
F.S., (see "AUDITS" below), monitoring procedures may. include, but not be limited to, on -site visits by Department of
• Health sfaff or contracted entities an behalf of:the Department, .limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures, . By entering into this Contract, the Contractor agrees to comply and
I cooperate with any monitoring procedures/processes deemed appropriate by the Department of Health. In the .event
the Department of Health determines that a limited scope audit of the Contractor is appropriate, the •Contractor
agrees to comply with any additional instructions provided. by the Department of Health to the' Cont'radtor regarding
such audit.. The Contractor further agrees to comply and cooperate with any inspections, reviews, Investigations, or
audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General,
AUDITS
1. In the event that the Contractor expends $500,000 or more in Federal awards during its fiscal year, the
Contractor must have a single or program -specific audit conducted in accordance with the provisions of
OMB Circular A-133, as revised, In determining the Federal awards expended in Its fiscal year, the
Contractor shall consider all sources of Federal awards, including Federal resources received from the
Department of Health, The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by
the Auditor Genera) in accordance with the provisions of OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in subparagraph 1 of this section, the Contractor shall
fulfill the requirements relative to auditee responsibilities es provided in Subpart C of OMB Circular A-133,
.as revised,
3, if the Contractor expends less than $500,000 in Federal awards in its fiscal year, en audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event that the
Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such audit must be paid from Contractor resources
obtained from other than Federal entities.)
4. An audit conducted in accordance with this part shall cover the entire organization for the organization's
fiscal year. Compliance findings related to agreements or contracts with the Department of Health shall be
based on the agreement's or contract's requirements, including any rules, regulations, or statutes
referenced in the contract or agreement, The financial statements shall disclose whether or not the
matching requirement was met for each applicable contract or agreement. All questioned costs and
liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the
Department of Health contract or agreement involved. If not otherwise disclosed as required by Section
.310(b)(2) of OMB CircularA-133, as revised, the schedule of expenditures of Federal awards shall identify
expenditures by contract or agreement number for each contract or agreement with .the Department of
Health in effect during the audit period.
5. Financial reporting packages required under this part must be submitted within the earlier of 30 days after
receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. Copies of reporting
packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by this
Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the Contractor directly to each of the following:
a. The Department of Health by email .to sinaleauditsla doh.state.fl.us. Audits must be'submitted to the
Department must be accompanied by the "Single Audit Data Collection Form," which may be obtained
from the Department's Contract Administrative Monitoring Unit. Files which exceed 8 MB may be
submitted on a CD or other electronic storage medium and mailed to the following address:
Revised 6/2011 22
Child Care Food Program Permanent Contract
Attachment 3, Page 2
Contract Administrative Monitoring Unit
tSingle Review
4052Bald CYpssWe, Bln 1301 (HAFACM)
Tallahassee, FL 32399-1729
OMB Circular A-133, as revised, should be submitted to the
b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2),
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c.
Other Federal agencies and pass -through entities in accordance with Sections ,320 (e) and (f), OMB
Circular A•133, as revised,
times In accordance with OMB Circul-133,and f Floridar fit
n reports, management letter, or other information required to be submitted to the Deartment of Heath
p6. Any p
Statutes,
to this Contract shah be (local governmental
Statutes, and Chapters Auditor Olenaralgas�appl cable„ entities) or 10.650 (nonprofit
organizations), Rules of the
7. Co
ntractors, when submitting financial reporting packages to the Department of Health for audits done in
Auditor General, should indicate the date that he, reporting
accordance with OMB Circular A-133ofrthe AChapters 10.550 (local governmental entities)oop10.6g0 (nonprofit
and for -profit s organizations), Rules the reporting package was delivered to the Contractor in correspondence accompanying
audit report is issued, and shall allow the Depcartdms ut•of Heon alth or
8.
The Contractor shall retain sufficient records demonstrating its compliance with the termseof tphis Contract
for a period , six years Financial
the date th
are maddee available from Dehe partte e to f Health,
or
its designee, the Chief Financial Officer (CFO) or Auditor General access to such
The Contractor shallAuditor
ensure that audGeneral
pwonkreg papers
s
its designee, CFO, or Auditor Gen althe Departmentquest oof Health. y
issued, unless extended in writing by
End of Text
rr,
ow,tarl Rl2011
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