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Contract
FLO! DA DEPARTMENT OF ELDER AFFAIRS
PERMANENT CONTRACT
ADULT CARE FOOD PROGRAM
ATTACIEMENT I
This Pemianent Contract is entered into between the State of Florida Department of. Elder Affairs (Departmen[ or DOEA),
the zwency responsible for administering the United States Department of Agriculture (USDA) Food and Nutrition Service
pro,Tam kmo \\-n as the Adult Care Food Program (ACFP or Program), and the organization identified as the Contractor on
paee twenty-one (21) of this contract. This contract shall supersede all previous communications, representations, contracts,
or agreements between the parties.
I. CONTRACTOR ENCOURAGED TO SEEK LEGAL COUNSEL
1Thi,ACFP Permanent Contract is a legal hindity, agreement between the Contractor and the Department. Entering
into this contract may affect the Contractor's rights and responsibilities under Florida law. The Department is not
permitted to provide, nor shall it provide, legal advice regarding this contract. The Department is only permitted to
describe the various terms, conditions, and functions of the requirements within this contract, The Department may
not ad is the Contractor as to the Contractor's rights under the contract's provisions. No verbal representation
regarding this contract shall have legal force or effect regardless of the source of that representation.
Violation of th.e terms of this contract could lead to disqualification. Falsifying program records is considered
submission of a fake or fraudulent claim and is a serious violation of the ACFP and this contract. Violation of any
ACFP requirement constitutes a violation ()IOUs contract. In each instance, if the violation is proven, such action rnay
result in disqualification from the ACFP for seven (7) years.
The. Contractor is advised to seek legal counsel to review this contract on behalf of the Contractor to address and
protect the Contractor's individual legal interests and concerns. Upon execution of this contract, the Contractor
acknowledzes the Department's advisement and agrees that the Contractor has either sought legal counsel or had the
opportunity to seek legal counsel prior to executing this contract.
II. THE CONTRACTOR AGREES TO:
A. PROVIDE SERVICES IN ACCORDANCE WITH CONTRACT
Provide services in accordance with this contract and governing state and federal law, and to comply with any
stare or federal rules, regulations, instructions, policies, procedures, and manuals used by the Department in its
administration of the ACFP.
B. ACCEPT FINAL ADMINISTRATIVE AND FINANCIAL RESPONSIBILITY
Accept final administrative and financial responsibility for total ACFP operations governed by this contract.
C. COMPLY WITH LAWS. RULES, REGULATIONS, AND POLICIES
1. Comply with the terms and conditions of this contract, including all attachments to this contract and all
applicable rules, regulations, instructions, policies, procedures and manuals.
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 oldie State of Florida.
3. Comply with the Department, Bureau of Statewide Community -Based Services, Nutrition Unit (ACFP)
manuals arid guides, as though fully set forth herein. The Contractor shall comply with the following. manuals
and guides as applicable: (I) The Procedure Manual for ACFP; (2) A Guide to Crediting, Foods; (3) Catering
Contract Guidance; and (4) Prospective Contractor Training for Adult Day Care Centers.
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D. FEDERAL LAW
1„As though fully set forth. herein. comply with all ACFP rules, regulations, instructions, policies, procedures and
manuals used by the Department in its administration of the ACFP, including but not limited to applicable
provisions of: Title 7 Code of Federal Regulations (CFR) Part 226, "ACFP"; 2 CFR Parts 200, 400, 41.5, and
416; and USDA Food and Nutrition Service (ENS) Instruction 796-2, Revision 4 and subsequent revisions.
2. The Contractor hereby aLirees and ensures that it will comply with Title VI of the Civil Rights Act of 1964 (42
U.S.0 § 2000d et seq.); Title IX or the Education Amendinents of 1972 (20 U.S.C. § 1681 et seq.), as amended;
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as amended; the Age Discrimination Act of
1975 (42 U.S.C. § 6101 et seq.), as amended; all requirements imposed by the regulations of the U.S.
Department of Agriculture (including 7 CFR Parts 15, 15a, and 15b); Department of Justice Enforcement
Guidelines (2S CFR Parts 42 and 50); and USDA Food and Nutrition Service directives or regulations issued.
pursuant to the aforementioned Acts and regulations, to the effect that no person in the United States shall, on
the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied
the benefits of, or be otherwise subject to discrimination under any program or activity for which the Contractor .
receives federal financial assistance from USDA; and hereby gives assurance that it will immediately take any
measures necessary to fulfill this contract. Contractors who are also sponsors further agree to ensure compliance
with these requirements at each of their sponsored facilities.
a. This assurance is given in consideration of and for the purpose of obtaining any and all federal financial
assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal
property and interest in property, the sale and lease of, and the permission to use federal property or interest
in such property, or the furnishing of services without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public
interest: to be served by such sale, lease, or furnishing of services to the recipient, or any improvements
made \vith federal financial assistance extended to the Contractor by the USDA,
b. This assurance also incorporates any federal agreement, arrangeinent, or other contract which has as one of
its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or
rental of food service equipment or any other financial assistance extended in reliance on the representations
and agreements made in this contract.
c. Bv executiniz this contract, the Contractor agrees to compile data, maintain records, and submit reports as
required to permiteffective enforcement of nondiscrimination laws and permit authorized USDA personnel
during hours of program operation to review such records, books, and accounts as needed to ascertain
compliance with the nondiscrimination laws, If there are any violations of this assurance, the USDA Food
and Nutrition Service shall have the right to seek judicial enforcement of this assurance. This assurance is
binding on the Contractor and its successors, transferees, and assignees as long as it receives assistance or
retains possession of any assistance from USDA. The person or persons whose signatures appear on this
contract are authorized to sign this assurance on the behalf of the Contractor.
3. If reimbursements paid to the Contractor exceed 5100,000, the Contractor shall comply with all applicable
standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. §
1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. § 1368 et seq.), Executive Order
11738, and Environmental Protection Agency regulations (2 CFR Part 1500). The Contractor shall report any
violations of the above to the Department.
E. THE CONTRACTOR SHALL NOT EMPLOY UNACTI ORIZED ALIENS
1. The Contractor shall not employ unauthorized aliens. The Department will consider the employment of
unauthorized aliens a violation of the Immigration and Nationality Act (8 U,S.C. § 1324a). Such violation will
be cause for unilateral cancellation of this contract by the Department. The Contractor agrees to use the U.S.
Department of Homeland Security's E-Verify system, Imps://e-verifv.useis.gov/emp, to verify the employment
eligibility of:
a. All persons employed during the contract term by the Contractor to perform duties within Florida; and
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b. persons (including subcontractors) assigned by the Contractor to perform work pursuant to this contract.
F. BACKGROUND SCREENING AFFID.kVIT OF COMPLIANCE
The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, Florida Statutes (F.S.), are
met regarding background screening for all persons who meet the definition of a direct service provider and who
are not exempted from the Department's level 2 backeround screenino pursuant to Sections 430.0402( 2)-(3)„
F.S. The Contractor must also comply with any applicable rules promulgated by the Department and the Agency
for Health Care Administration (ATICA) regarding implementation of Section 430.0402 and Chapter 435, F.S. To
demonstrate compliance with this provision, Contractor shall submit to the Department the Background Screening
Affidavit of Compliance (Screening Fonn), Attachment VIII, within thirty (30) days or execution of this contract.
Should the Department have a completed Screening Form on file for the Contractor, a new Screening Form will be
required every twelve 2.) months.
Further information concerning, the procedures for backg-round screening are found at
00o:'/elderaffairs.state.H.usidoenbackgroundscreening.E13.p.
G. PUBLIC RECORDS AND RETENTION
1. By execution or this contract, Contractor azrees to all provisions orChapter 11.9, F.S., and any other applicable
law, and shall:
a. Keep and
ainta
public records required by the Department to perform. the contracted services.
i. Upon request from the Department's custodian of public records, provide the Department a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.
ii. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract tenn and
following completion of the contract if the Contractor does not transfer the records to the Department.
110 Upon completion of the contract, the Contractor will either transfer, at no cost to the Department, all
public records in possession of the Contractor, or vill keep and maintain public records required by
the Department. If the Contractor transfers all public records to the Department upon completion of
the contract, Contractor shall destroy any duplicate public records that are exempt, or confidential
and exempt, from public records disclosure requirements. 1r the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall meet. all applicable requirements
for retaining public records. All records stored electronically must be provided to the Department in
a format that is compatible with the information technology systems of the Department.
b. The Department may unilaterally cancel this contract, notwithstanding any other provisions of this contract,
for refusal 'oy the Contractor to comply with Section G. of this contract by not allowing public access to all
documents, papers, letters, or other material made or received by the Contractor in conjunction with this
contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the
State Constitution and Section 119.07(1), F.S.
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IF THE CON'IRACTOR 11AS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC' RECORDS AT:
Public Records Coordinator
Florida Department of Elder Affairs
4040 Esplanade Way
Tallahassee, Florida 32399
850-41.4-2352
doeapublicrecords elderaffairs.org,
AUDas, INSPECTIONS, ,AND INVESTIGATIONS
I. The Contractor shall establish and maintain books, records, and documents (including electronic storage media)
sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds
provided by the Department under this contract. Contractor shall adequately safeguard all such assets and
ensure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial
information should be related to performance and unit cost data.
The Contractor shall retain all client records, financial records, supporting documents, statistical records, and
any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years
after completion of the contract or longer when required by law. In the event an audit is required by this
contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until
resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the
Department.
3. Upon demand, at no additional cost to the Department, the Contractor shall facilitate the duplication and transfer
of any records or documents during the required retention period.
4. The Contractor shall ensure that the records described in this Section will be subject at all reasonable times to
inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the Department.
"Reasonable times" as used in this Section shall be determined by the federal, state, or other personnel duly
authorized by the Department conducting the inspection, review, copying, or audit.
5. At all reasonable times for as long as records are maintained, persons duly authorized by the Department and
federal auditors will be allowed full access to and the right to examine any of the Contractor's contracts and
related records and documents pertinent to this specific contract, regardless of the form in which they are kept.
6. The Contractor shall cotnply with all audit requirements as set forth in Attachment 11. Financial and Compliance
Audit, and all exhibits, to Attachment 11 and ensure that all related third -party transactions are disclosed to the
auditor, In addition to the requirements set forth in Attachment II, Contractor 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.
7. The Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or
hearing performed pursuant to Section 20.055, F.S. Contractor further agrees that it shall include in related
subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract
agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant
to Section 20.055(5), F.S.
8. The Contractor shall maintain its current month's and prior twelve (12) month's records of ACE!) claims and
reports in separate monthly file folders containing an original of all receipts as well as an oriLtinal or copy of all
other monthly records supporting. the Contractor's ACFP claims for that month. These records shall be
available for review, audit. and copying at the Contractor's operational location within one (I) hour of written
or verbal request.
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9. 'The Contractor shall provide access tO records \vithn n ( I) hour of formal request to:
a. Employees of the Department, USDA., Florida Department or Law Enforcement, Florida Department of
Financial Services, .Division of Public Assistance Fraud, and Early Learning Coalitions upon presentation
or appropriate photo identification; and
b. Other authorized individuals who the Department designates in writing upon presentation or that
designation and proper photo identification.
10. The Contractor shall pen -nit the Department, USDA, and other State or Federal officials to make announced or
unannounced reviews of Contractor's operations during nortnal hours of adult care operations. Anyone making
such reviews must show photo identification that demonstrates that they are employees °lone these entities.
11. The Contractor shall permit employees of the Department, USDA, Florida Department of Law Enforcement,
or Florida Department of Financial Services, Division of Public Assistance Fraud to take physical possession
or any ACFP records, or equipment containing such records, and any other records maintained on equipment
used in the s\CFP, upon presentation of photo identification.
I. PROPERLY DISBURSE ACFP REIMBURSEMENT FUNDS RECEIVED
1. The Contractor agrees to use ACFP reimbursement funds only to pay for allowable ACFP costs;
2. The Contractor agrees to pay all supplier or Subcontractor invoices for ACFP claimed costs by payment due
date(s) or within five (5) business days after receipt of ACFP reimbursement, whichever date is earlier; and
3. If the Contractor is a sponsor of adult day care or sponsor or unaffiliated adult day care centers, Contractor
agrees to disburse reimbursements to sponsored facilities within five (5) 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.
J. SUBMIT DOCUMENTS TO THE DEPARTMENT
1. In addition to any documents required to be submitted to the Department in compliance with state and federal
law, the Contractor agrees to submit any receipts, invoices, documentation, or ocher evidence that the
Department, in its sole discretion, deems necessary to evaluate the validity or any and all claims for
reimbursement submitted by the Contractor. The Department may also require the Contractor to submit
documentation prior to payment of any claim. Any claim or portion thereof that is not supported by documents
requested by the Department shall be disallowed.
The Contractor shall provide any and all information requested by the Department which the Department deems
necessary, in its sole discretion, to evaluate an application to participate in or an application to renew
participation in the ACFP, or to evaluate a Contractor's performance in the ACFP, including but not limited to
documents which the Department determines are necessary to evaluate the applicant's or the Contractor's
financial viability, administrative capability, and program accountability.
3. The Contractor shall provide written notice to the Department within five (5) business days of:
a. Any change to the Contractor's official mailing. address, to which all legal notices and other correspondence
shall be directed. The Contractor shall be bound by all records mailed to that address for purposes of
enforcement proceedings regarding this contract;
b. Any change to the Contractor's street address (physical location) where ACFP services are being provided;
c. Any change in the Contractor's Federal Employer Identification Number (FEIN), legal name, or doing -
business -as (DBA) name;
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d. Any chruwe in the Contractor's responsible principals' and responsible individuals' certification. This
\.vritten notice shall include:
Notification or any change in a previously identified principal's or imlividual's status that would
render that person unqualified to continue to serve;
ii. Notification of any convictions or a Contractor's responsible principals or responsible individuals
(anv person who holds a management position with the Contractor. owners, officers, or members of
the board of directors) for crimes indicating a lack of business integrity. Such crimes shall include
fraud, antitrust violations, embezzlement, theft, forgery, bribery:, falsification or destruction of
records, making false statements, receiving stolen property-, making false claims, obstruction of
justice, tax evasion, tax fraud, failing to file tax returns, passing worthless checks, submission of •false
or fraudulent information to a state or federal agency, perjury, and any other activity indicating a lack
of business integrity; and
iii. The Contractor's proposed personnel change to remove or otherwise disqualify the responsible
principal(s) and, or responsible individual(s) from participation in the ACFP,
e. For the purpose of annual certification of continued participation in the Program, the Contractor shall:
Submit to the Department information required pursuant to ACFP regulations; and
ii. Submit to the Department, upon request, additional records and infonuation that the Department
deems necessary to substantiate the Contractor's continued eligibility to participate in the ACFP for
the corning year; or
iii. ET the Contractor chooses not to comply with the annual certification requirements, the Contractor
shall voluntarily withdraw from the ACFP by the date specified by the Department unless currently
under a Notice of Serious Deficiency. Failure to comply with annual certification requirements or
voluntarily withdraw from the ACFP will result in non -punitive termination of this contract without
appeal., unless currently under a Notice of Serious Deficiency',
K. OBTAIN PRIOR DEPARTMENTAL APPROVAL OF CONTRACTOR'S OPERATIONS
I. A Contractor servingas an ACFP sponsor of any facility with which the Contractor has no affiliation shall
obtain prior written approval from the Department for all salaries and benefits funded by ACFP reimbursements.
Salaries and benefits must be reasonable, prudent, and necessary for the furtherance of the ACFP, and
compliant ,vi"th federal law. The reasonableness of salaries and benefits shall he determined by the Department
after its review of the Contractor's operations or anticipated operations, and shall not exceed those salaries and
benefits generally made available to non-prolit corporation employees and officers in the same geographical
area for similar services. The determination of reasonable, prudent, and necessaly salaries and benefits shall
be at the sole discretion of the Department.
A Contractor servino as an ACFP sponsor of any facility' with which the Contractor has no affiliation shall not
employ staff, officers, or directors who are related to the Contractor or Contractor's staff, officers, or directors
by blood or marriage without the prior written approval of the Department. Any such approval will be granted
only upon written documentation of extraordinary circumstances and shall only be granted for the shortest
period of time necessary to address those circumstances.
3. The Contractor shall submit budgets and budget amendments that are reasonable, prudent, necessary, and
allowable in accordance with FNS Instruction 796-2, Revision 4 and subsequent revisions, for the furtherance
of the ACFP. The determination of reasonable, prudent, necessary:, and allowable budget items and amounts
shall be at the sole discretion of the Department. All budgets and budget amendments shall require the
Department's prior written approval. No more than four (4) budget amendments may be filed in any federal
fiscal year unless the Contractor is able to show good cause why additional amendments are required due to
expenses that could not be reasonably anticipated and'or handled through the allowed number of amendtnents.
The determination of good cause shall be at the sole discretion of the Department.
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4. The Contractor shall comply \vith progitam meal requirements as specified by 7 CFR § 226.20. Failure to meet
Program specifications shall subject the Contractor to issuance or a warning letter, require the Contractor to
provide a corrective action plan (CAP), and or subject the Contractor to additional documentation required
tADR) claims procedures, a Notice of Serious Deficiency, proposed termination, and or disqualification.
'. Contractors providill'l services in accordance with this contract hereby agree that they shall not, duringthat same
perio(1, provide services to ACFP Contractors or facilities as a registered caterer with. the Department.
Contractors attetnp[ing to simultaneously perform services under this contract and as a registered caterer with
the Department shall. be in violation of the terms of this contract and may be subject to disqualification.
6. The Contractor shall not fissizn or pledge any current or future ACFP operational reimbursement: funds or
equipinent procured with ACFP funds as collateral for a loan, line of credit. or for a repayment plan for unpaid
debts.
NIONITORING, COMPLIA.NCE, AND REVIEW PROCEDURES
I. The Contractor agrees to submit to monitoring, compliance reviews, and any subsequent achninistrative t.ind
criminal penalties that may apply, to include.:
a. Reviews of audits conducted in accordance with 2 CFR Parts 200, 400, 415, and 416 and 7 CFR Part 226;
and
b. Monitoring procedures by the Department that may include, but are not limited to, on -site visits Er....
Department staff or contracted entities on behalf of the Depanment, limited scope audits as defined by 2
CFR Part 200 and, or other procedures or audits deemed necessary: in the sole discretion of the Department
to evaluate program operations.
The Contractor agrees to comply and cooperate with any:
a. Monitoring procedures/processes deemed appropriateby the Department;
b. Additional instructions provided bv the Department to the Contractor upon the
that an audit or a limited scope audit of the Contractor is appropriate: and
IS C1ete1'lTlintltiOn
c. frispections. reviews, investigations. or audits deemed necessary by the Department, or the State of Florida's
Chief Financial Officer or Auditor General.
3. Any Contractor serving as an ACFP sponsor shall monitor each sponsored facility and ensure its compliance
with the requirements of state and federal rules, regulations. policies, instructions, procedures, and inanuals
related to the A.CFP provram. Contractor personnel responsible for monitorin2 must carry photo identification
demonstrating their relationship to the sponsorina 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 and copy any records, papers, documents
(including electronic storage media), facilities, antfor goods and services of the Contractor which are
relevant to this contract, and..or ro interview any clients and employees of the Contractor.
b. That inspections, monitorimt visits, and or site reviews or the Contractor's facility and inspection 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.
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ci. To accept the Department's written report of tin(iings regarding the Contractor's performance or
compliance with the terns of this contract.
c. To provide its written response to the Department's written report or findings within the period specified
in the Department's notice of required corrective action.
f. That the Department, in its sole and exclusive discretion. ma or manot accept the Contractors proposed
corrective actions as sufficient or appropriate to correct deficiencies and or violations. The Contractor
at,rrees that it shall correct all noted deficiencies identified by the Department consistent w.ith a Department -
approved CAP. 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 within the specified timeframe set forth in the Contractors CAP.
That the Contractor's failure to submit an acceptable CAP to the Department within the timelrame provided
in the Department's notice, failure to correct noted deficiencies, or failure to fully and permanently
implement and maintain implemented corrective action may, at the sole and exclusive discretion of the
Department, result in:
The Contractor being deemed in breach or default of this contract;
ii Suspension of program participatix.
ii. Withholding of payment to the Contraetor by the Department;
iv. Termination of this contract for cause; and or
The Contractor and the Contractor's responsible principal(s) and or responsible individual(s) being
disqualified from participation in the ACFP and fisted on the USDA National Disqualified List.
h. That the Contractor's exclusive means of challenging the Department's determination of acceptable CAP
submission, successful correction of deficiencies, program suspension, and or proposed contract
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 CFR Part 226.
5. Upon termination or expiration of this contract, for a period of six (6) years from the end of the federal fiscal
year in which the contract is terminated or expires, the Contractor agrees to:
a. Maintain all ACFP records and program related records, unless instructed by the Department to maintain
those records for a longer period of time;
b. Maintain all records pertaining. to any unresolved audit or review for a minimum of six (6) fiscal years plus
the current fiscal year or until all outstanding issues are resolved; and
c. Submit to the Department's authority regarding the issue and determination ofa serious deficiency. Failure
to respond or successfully resolve any Notice of Serious Deficiency may result in the Contractor and its
responsible individual(s) and responsible principal(s) being added to the USDA National Disqualified List
pursuant to the requirements of Title 7 CFR § 226.6.
DEP.ARTmENT AUTHORITY TO SEEK OTHER ACTIONS AT LAW
1. The Contractor agrees that administrative and criminal penalties may apply to violation of the terms of this
contract.
2. The Contractor hereby acknot,vledges that any monitoring or review, whether performed by the Department,
the USD.A, the Florida Deptirtment of Law; Enforcement, the Florida Department of Financial Services, Division
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of Public Assistance Fraud, or by. another entity authorized by the Department may result in the initiation of
criminal charges, and that the Department will actively cooperate and assist in such criminal prosecution.
3. The CFI" sanctions for Contractor violations shall not be construed as excluding. or replacing any criminal or
civil Sanctions or other remedies that may be applicable under any federal or state statute or local ordinance;
4. The ACEP sanctions do not limit or replace the authority of the USDA, Comptroller General, or Department to
seek darnaaes and/or other civil or criminal penalties; and
5. Nothing in this contract precludes the Department from obtainin9; damages as \‘ ell as any other remedy
authorized h no. as a result of the Contractor's breach or this contract or violation of applicable federal and
state rules and regulations pertaining: to the ACFP.
N. INDEMNIFICATION
The Contractor shall indemnify, save, defend, and hold harmless the Department and its agents and employees
from any and all claims, detnands, actions, causes of action of whatever nature or character, arising out or or
by reason oC111Q execution of his agreement or performance of the services provided for herein. h is understood
and agreed that the Contractor is not required to indemnify the Department for claims, demands, actions, or
causes of action arising solely out of the negligence of the Department.
Except to the extent permitted by Section 768.2S, F.S., or other Florida law, this section N. is not applicable to
contracts executed between the Department and state agencies or subdivisions defined in Section 76S.2 2).
F.S.
O. ASSIGNMENTS SUBCONTRACTS
1. The Contractor agrees:
a. It shall be responsible for the administration and financial management of its operation;
7,
b. [ [ shall not enter into any subcontracts or agreements a frectina the Proaram subsequent to the execution of
this contract without the Department's prior written approval; and
c. If it intends to enter into any Proaram-related subcontracts it
Provide the Department written notice of the intended subcontract. That notice shall include the name
of the intended subcontractor, the name of its principal owners, the intent of the contract, and the
estimated total value of that contract;
11. Provide the Department any required budget updates reflecting the proposed subcontractors expense
for evaluation;
iii. Not enter into the requested subcontract until approved b' the Department; and
iv. Not pursue a subcontractor relationship in support of this contract should the Department not approve
such subcontract.
The Contractor shall provide a Certified Nlinority Business Subcontractor Expenditure (C.MBE) Report summarizing,
the participation or certified and non -certified minority subcontractors/material suppliers for the current reporting
period and project to date. The report shall include the names, addresses, and dollar amount of each certified
participant, and a copy must be forwarded to the Florida Department of Elder Affairs Division of Financial
Administration. The Office of Supplier Diversity (850-4S7-0915) il1 assist in furnishing names of qualified
minorities. The Florida Department of Elder Affairs Minority Coordinator (S50-414-2134) will assist with questions
and answers.
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3. The C'ontractor agrees that the Department shall not approve any subcontract for ACFP management functions,
including. but not Innited to. program Financial management, eligibility review and approval, preparation and
maintenance of enrollment rosters, tiering determinations, monitoring, and submission or claims for
reimbursement.
4. ,:\pproval or disapproval of ACFP related subcontracts shall he at the sole discretion of the Department. Any
Pri:y2.7arn related subcontract not approved b the Department shall be null and void as to the provisions of this
contract and the Department shall have no responsibility to reimburse the Contractor for anv costs associated
with unauthorized subcontracts in support of the Contractor's operations.
The Contractor is responsible for all work performed and for all expenses incurred for implementing the ACTT
on behalf of the Deparunem. If the Department permits the Contractor to subcontract part of the work
contemplated under this contract, including entering into subcontracts with vendors for services and
corm-nodities, the Contractor agrees that the Department shall not be liable to he subcontractor for anv expenses
or liabilities incurred under the subcontract, and the Contractor shall be solely liable to the subcontractor for all
expenses and liabilities incun-ed under the subcontract. The Contractor shall, at its expense, defend the
Department against such claims.
6. The Department 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.
P. CONDITION FOR RECEIPT OF FEDERAL FUNDS
In compliance with the American Recovery and Reinvestment Acr (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 hp:Jedgov.dnb.corn.Webfon-n.
Q. MEET ADDITIONAL REQUIRMENTS TO MAINTAIN PARTICIPATION IN ACFP
1. Contractor Legal Name and Federal Employer Identification Number (FEIN) shall not he changed.
a. The Contractor agrees that it shall maintain its participation in the ACFP under this contract under its
approved legal name and FEIN,
b. The Contractor agrees that it shall not change its legal name or FEIN under this contract.
c. 'The Contractor agrees to immediate termination of this contract if the Contractor changes ru leoal nanic or
FEJ.N. Such termination shall be subject to all requirements of this contract.
d. If this contract is terminated because Contractor changed its legal name or FEIN, the Department ITIAy
request that the Contractor reapply for the ACFP under their new legal name and. or FEIN,
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 httpsn7flvencionmvfloridacfo.com; and
b. Notify the Deparnuent and the Florida Department of Ftnancial Services (DES) of any changes in W-9
information within ten (10) calendar days of the change.
3. The Contractor hereby agrees to submit all valid claims for reimbursement consistent with the following
requirements:
a. Claims for reimbursement shall he supported by requircd records maintained in sufficient detail to justify
the reimbursement claimed;
Page 10 of 43
Contract
b. Records shall be available to support the claim and the Contractor's act of claim submission shall be a
certification that such records are tnaintained in the Contractors tiles to substantiate each claim submission,
c. Claims for reimbursement shall be submitted to arrive at the Department no later than sixty (60) days
following the last day or the month covered by the claim. A one-time exception may be granted upon
Department approval, in writing, within any thirty-six (36) month period. If approved, payment of the late
claim is subject to availability of funds. 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 tile claims, commencing the first full month
after the Contractor's approved ACEP begin date. The Contractor will submit monthly claims for
reimbursement by the 1.51of the month following the month being claimed for reimbursement. The
Department may terminate this contract for failure to operate the Program (serve reinibursable meals,
maintain records, file timely claims, etc.) for three (3) consecutive months.
4. Corporations are recognized under INC law as natural persons and may participate in the ACFP. The Corporation
and each of its responsible principals or responsible individuals (as defined pursuant to 7 CFR Part 226) shall
be subject to all ACFP requirements and may he individually disqualified from the ACFP and individually
placed on the National Disqualified List. If it is discovered or reported that from the date of the Contractors
initial ACFP application more than fifty percent (50`)A,) of the stock of the Contractor's corporation is sold,
transferred, or otherwise conveyed or pledged, the Contractor agrees that this contract shall terminate
immediately.
Federal ACFP funds are subject to greater oversight. The Department performs a fiduciary function on behalf*
or the taxpayers. Therefore, the provisions of this Contract shall apply to all Contractors organized as
corporations, vv.hether or not that corporation's stock is publicl) traded.
6. During the term of this contract the Contractor agrees that any proposed sale, transfer, or other conveyance or
pledge of ACFP assets shall not bk2 executed as long as the Contractor participates in the ACFP unless the
Contractor has obtained prior Department approval of that transaction.
a. The Contractor shall notify the Department in \Tiling of its intent to sell, transfer, convey, or pledge any
assets purchased with ACFP funds. The Contractor's notice shall state INC name or names of the intended
purchasers, transferees, or creditors and be provided to the Department in waiting no less than thirty 00)
days prior to the date of such proposed change, The Department may also obtain such information from
the Florida Depanment 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 chance and provide the Contractor writum
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 INC sale. This contract shall terminate upon the
date of that sale, consistent with the tenns of this contract.. The Department shall not pay any claims front
the Contractor or its designated assignee for meal services occurring after the contract termination date.
c. Failure of the Contractor to provide such notice may result in the Department issuing a Notice or Serious
Deficiency and Notice of Proposed Termination and Disqualification of Responsible Principals and
Responsible Individuals and or immediate termination of this contract.
7. If it is discovered or reported that following the date of the Contractor's initial ACFP application, Contractor.
has changed ownership or has corne under the control or management of a third party, this contract shall
terminate immediately. For purposes of this paragTaph, third party shall mean an individual or entity that did
not have ownership, control, or management of the Contractor at the time of the Contractor's initial ACFP
application. The Department shall not pay any claims from the Contractor tor meal services occuning after the
contract termination. Any claims for meal services inadvertentiv paid by the Department after the contract's
termination shall be recalled, and the Contractor shall reimburse INC Department for all such payments. Should
repayment not he made forthwith, the Contractor shall be charged at the law..ful rate of interest on the outstanding
balance.
Page 11 of -43
Contract
8. It' a Contractor fails to complete all responsibilities under this contract, the Contractor and its responsible
principals and responsible individuals may be disqualified from fur,her participation in the ACFP and placed
on the USDA National Disqualified List.
R. CONDITIONS FOR RETURN OF FUNDS
The Cont-ractor shall return to the Department any. overpayments due to unearned funds pursuant to the terms of
this contract, including., but not limited to, Attachment VII or applicable state or federal lat.y., rules, regulations,
instructions, policieS, procedures or manuals that are used by the Department in its administration oldie ACFP.
the Contractor or its independent auditor disco t. ers that an oveTayment has been made, the Contractor shall notify
the Department by certified mail within five (5) days of such discovery. IC the Department first discovers an
overpayment has been made, the Department will notify. the Contractor by letter ofsuch a finding. Repayment shall
be made pursuant to the Department's instructions to the Contractor and shall include interest as required by federal
law; such instructions may include but are not limited to a sponsors payment to sponsored facilities and a
Contractor's payment to the Deparment.
S. FINANCIAL CONSEQUENCES & PROCEDFRES FOR DISALLOWANCE OF FROG ,
PAY.IIENTS
If the Contractor rails to comply with the performance oimeals and recordkeeping requirements pertaining to records
directly supporting claims for reimbursement, the Department shall disallow payment for any meals that are not
supported by such records. Records that support claims for reimbursement may inelLICIQ, but are not limited to, free
and reduced -price meal applications, daily meal counts, menu records, original receipts and invoices for ,ACFP
expenses, enrollment records, and attendance records. The Contractor may appeal the Department's decision to
disallow Program payments as described in Attachment IV, Procedure for Filing Request for Appeal.
T. INDEPENDENT CAPACITY OF THE CONTRACTOR
1. In perta.)rinance of this contract, it is ageed between the parties that the Contractor is an independent contractor
and that the Contractor is solely liable for the performance of all tasks contemplated by this contract which are
not the exclusive responsibility of: the Department.
2. The Contractor, its officers, agems, employees, or subcontractors, in performance of this contract, shall act in
the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida. The
Contractor shall not represent to others that it has the authority to bind the DepartMent unless specifically
authorized in writing to do so.
3. 'The Contractor, its officers, agents, employees, and its subcontractors are not entitled to state retirement
benefits, state leave benefits, or to any other compensation of state employment as a result of performing the
duties and obligations of this contract.
4. The Contractor agrees to take such actions as may he necessary to ensure that each subcontractor of the
Contractor will be deemed to be an independent contractor and will not he considered or permitted to be an
agent, servant, joint venture, or partner of. the State of Florida.
U. TRAINING AND SECURITY
1.. The Contractor agrees to attend all meetings and training sessions required by the Department.
2. .ACFP records contain information that is confidential under both Florida and federal law, The Contractor
agrees to maintain any and all records, documents, forms, reports, and information, in whatever Corm, in a
secure location with access that is sufficiently limited to protect the records.
Page 12 of43
Contract t•-•
V. DESIGNATION OF NON -PRICING OR PRICING POLICY
I. The Contraetor aarees to designate its participation under either the non -pricing or pricing policy listed below;
upon entry,- into the ACFP. The Contractor shall not change its designated policy without prior written approval
from the Department. The Contractor shall select and participate under one of the following:
a. Non -Pricing Policy
i. The Contractor agrees that all adults in attendance at site(s) listed on the Site Infomnation Fonn(s) and or
Provider Inlormation Form( s), are offered the same meal at no separate charge regardless of race, color,
sex, a‘te. national origin, or disability, and there is no discrimination against tiny adult in the course atilt':
meal set -vice based on race, color, sex, age, national origin, or disability.
ii. 'The Contractor agrees to limit access to eligibility information to persons directly connected with the
administration and enforcement of the ACFP.
b. Pricing Policy
i. The Contractor agrees to charge separately for meals. The Contractor will charge no more than forty (40)
cents for a reduced -price lunch or supper, thirty (30) cents for a reduced -price breakfast, and no more
than fifteen (15) cents for a reduced -price snack.
The Contractor agrees to serve free or reduced -price meals to any adult enrolled at the site(s) listed on
the Site Information Form(s) whose household income falls within the current Florida Income Eligibility
Guidelines or whose household receives benefits from the Food Assistance Program (federally knotAn as
the Supplemental Nutrition :Assistance Program - SNAP) or Temporary Assistance to Needy Families
(TANI:).
iii. The Contractor agrees to provide these benefits to adults 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.
iv. The Contractor ag-rees to collect meal payments outside of the meal period in a manner that does not
identify the eligibility status of adults receiving free or reduced -price meals to those not involved in the
collection of meal payments. To protect the anonymity of eligible adults receiving free or reduced -price
meals, one of four methods will he used for collection: (1) daily collection at a designated time and place;
(2) weekly collection at a designated time and place; (3) monthly collection at a designated time and
place; or (4) billing statement to parents/participants.
v. 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, are, or
vi. The Contractor agrees to implement the following policy in determining the eligibility of program
participants:
a) The Contractor agrees to send to each household an Application for Free or Reduced -price Nleals
based on the samples and procedures provided by the Department. Adults/Guardians will be
requested to complete the application. and return it to the Contractor's or site's determining official
for review. Such applications will he maintained on file according to the retention period stated in
Attachment II, Financial and Compliance Audit. Applications may he filed at any time during the
year. 'Within fourteen (14) calendar days of receipt. of applications, adults/guardians will be notified
individually of the approval or denial of their application. Adults will be served meals based ort
eligibility category immediately upon the determination of their eligibility. When an application
is rejected, adults or guardians will be informed of the reason for denial, the availability of a hearing
procedure, and the name and address ofthe designated hearing official.
Page 13 of 43
Contract
b) The Contractor agrees to designate the administrative position responsible for reviewing
applications and making deter,ninations of eligibility. This official will use the criteria outlined in
this policy to determine which IndiVidual adults are eligible to receive tee or reduced -price raeals.
vii. The Contractor ag.rees to annually provide a public release containing information from the sample to
the media serving_ the area from which the center draws its attendance.
viii. 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 adult Will
Con tillUe to receive free or reduced -price meals. Prior to initiatill2 the hearing procedure, the
adult:guardian or local official will be permitted to request a conference to discuss the situation, present
information, and obtain an explanation orinformation submitted on die application and decisions made.
Such a conference will not in any ‘vav be allowed to prejudice or diminish the right to a fair hearing.
ix. The hearinu procedure i ill provide the household and. or designated representative with:
a) simple, publicly announced method to make an ora( or writlen request for a hearing:
b) .A.n opportunity to be assisted or represented by an attorney or other person in presenting its appeal:
c) An opportunity to examine, prior to and during the hearing, any documents and records presented
to support the decision under appeal;
d) A hearing., held with reasonable promptness and convenience, and with adequate notice given a.; to
the time and place of the hearing;
e) An opportunity to present oral or documentary evidence and to make an argument that supports its
position;
I) An opportunity to question or refute any testimony or other evidence and to confront and cross -
exatnine any adverse witnesses;
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;
h) 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;
i) Written notification or the decision of the hearing official;
0
c. The Contractor agrees to prepare a ‘\a-itten record for each hea.lng, which includes the challenge or the
decision under appeal, any documentary: evidence and a summary of any oral testimony presented at
the hearing, the decision of the hearing official, including the reasons therefore, and a copy of the
notification to the parties concerned with the decision of the hearing official.; and.
xi. The Contractor agt-ees to preserve a written record of each hearing for a period of three (3) years and
to make such record available for examination by the parties concerned, or their representatives, at any
reasonable time and place during the period.
W. MEET ADDITIONAL REQUIREMENTS \\TIEN SERVING AS A SPONSOR
1. Comply with all ACFP requirements relevant to its function as a sponsor organization;
2. Conduct all Administrative Reviews for suspension and or disqualification consistent with the requirements of
7 CFR Part 226 and applicableprocedure manuals and Department requirements;
Page 14 014.3
Contract
3. Incrementally report the result of all revie‘vis to the Department as instructed;
4. Reopen administrative reviei,vs V:hen the Department so directs and conduet such reviews in compliance nth
7 CFR Part 226 and the Department's instructions: and
5. Record the reopened administrative review, facilitate the issuance or a formal written finding, and forxard that
finding to the parties and the Department in resolution of deficiencies the Department identities.
X. FOOD SAFETY AND SANITATION REQUIREMENTS
1.
The Contractor hereby expressly iigrees that the Contractor shall only claim and receive approved
reimbursement for those meals that are served according to applicable local, state, and federal health and safety
requirements.
2. The terms and conditions of this contract shall not be used for purposes other than participation in the ACFP.
The Contractor hereby further agrees that it understands that its participating adult day care facilities are solely
responsible for any additional licensure or certifications that may be required by local, state, or federal authority.
The terms of this contract do not provide any adult day care facility with a food permit or formal approval for
its food preparation facility or operation.
3. Participating adult day care or approved facilities that provide coordinated programs in a community -based,
non-residential setting to enrolled participants who need supervised care in a safe place outside the home during
the day must comply with all food safety and sanitation requirements as they apply to food storage, preparation,
cooking, and.or serving of meals.
III. THE DEPARTMENT AGREES TO:
A. PROVIDE AUTHORIZED REIMBURSEMENT
Reimburse the Contractor for meals and other allowable costs as determined by the USDA and further provided
in applicable rules, regulations, instructions, policies, procedures, and. or manuals. Claims for reimbursement.
not filed with the Department within sixty (60) days after the close of the month in which the claim was incurred
shall be disallowed. The Department may, though it is not required to, at its sole discretion and with any
necessary approval from USD.A, grant an exception to this requirement. Payment of any late claims is subject
to availability of funds.
2. The Department shall annually provide a Budget Sunimary for the next fiscal year 'allotment..
3. The Pat -ties agree that the Department's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the legislature.
B. PROVIDE REQUIRED PROCEDURE FOR REVIEW OF ADMINISTRATIVE ACTION
Should the Contractor violate any terms of dos contract or any ACFP policies, instructions, procedures, or
manuals, or the rules, regulations, and laws governing the program, and, as a result, the Department acts to
withhold funds or to restrict or terminate the Contractor's participation in the program, the Contractor shall be
informed of its appeal rights. Upon timely request for an appeal, the Contractor shall be accorded an
administrative review only if required by federal law pursuant to Tide 7 CFR Part 226.
C. CONDUCT PERIODIC INSPECTION AND REPORTS
To inspect or evaluate the Contractor's records (including electronic storage media). papers, documents. facilities,
andor the Contractor's goods and services which are relevant to this contract andior interview any of the
Contractor's clients or employees. Upon completion of any such inspection or evaluation, the Department. shall.
provide the Contractor a written report of its findings. The written report shall describe the Department's
evaluation of the Contractor's performance of its responsibilities and obligations as outlined in this contract.
Page 15 of 413
Contract
1). SPECIFY IN WRITING \\ RESPONSES TO DEFICIENCIES ARE DUE
To provide the Contractor a written report or its findings and a date certain by which. the Contractor must provide a
written CAP. When applicable, the IXtpartment shall also provide the Contractor a written Notice or Serious
Deficiency with a date certain by which the Contractor must provide its written CAP.
E. NOTIFY CONTRACTOR OF DECISION IN WRITING
1.10 provide the Contractor written notice or the acceptance or rejection or the Contractors CAP. When the rejection
or a CAP requires termination or this contract and disqualification or the Contractor and responsible individuals
and responsible principals, the Department shall issue v.Titten notice to the last reported address for the Contractor
and those responsible individuals and responsible principals described in the applicable governing regulations and
procedure manuals.
I\'. Till DEPARTMENT AND THE CONTRACTOR MUTUALLY AGREE TO:
A. DEFINITION OF TER.NI
The parties hereby' waree that the. term -conviction- shall mean havinq been found 2uilty, \xith or without
adjudication or guilt. as a result of a jury verdict, nonjury trial, or entry or a plea orguilty or nolo contendere.
B. EFFECTIVE DATE
This shall be a permanent contract as of [he dare on which this contract has been signed by both parties. pursuant to
Title 7 CFR § 226.11. The Contractor shall provide annual confirmation or compliance and all other records
required pursuant to this contract and notice issued by the Department.
C. CONTRACT IS A LEGAL BINDING AGREEMENT
This contract is a legal birtdirn_t araTeement bun. eun the Contractor and the Department. Consistent with the
requirements of 7 CFR § 226.6()1(4), the terms or this contract are applied uniformly throughout the state and are
.not subject to ne2otiation. The entire contract between the parties shall be in rAriting and be subject to the contract
amendirenr. 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
ACFP. 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 Contractors current ACFP contract.
2. Certain decisions of the Department may be appealed. 7 CFR § 226.6 governs appeals of Department decisions.
Information retzardin2 appellate procedures is set forth in Attachment IV, Procedure for Filing Request for
Appeal.
3. If the Department's current intended action to terminate the contract with the Contractor is upheld, the following
additional potential results shall apply:
a. This current contract shall be terminated upon the date of the Final Order in the administrativecase without
further action or notification by the ACFP:
b. Consistent with the Administrative Review Officers (ARO1s) Final Order, the Contractor and each named
responsible individual and responsible principal shall be disqualified from further participation in the ACFP
and each name shall be entered on the USDA National Disqualified List. Those named parties shall be
precluded from further participation in the ACFP For a period of seven (7) years or until any funds due the
Department are repaid, whichever occurs later; and
Page 16 of 43
Contract '4
c. Claims for goods or services provided after the rendition of the Final Order shall not be payable. Necessary
and reasonable costs of ceasing ACFP participation may be reimbursable, conditioned upon submission of
required documentation and Department approval of those costs. 1-10WeVer, the Department shall offset
reimbursement for allo\vcd close-out costa against any outstandino ACFP debt the Contractor may owe as
of the dare of the Final Order.
E. PROCEDURES AND NOTICES SENT TO CONTRACTOR'S ADDRESS OF RECORD
1, .All written notices describing an action proposed or taken by the Department with regard to the Contractors
ACFP reimbursement or participation shall be mailed to the latest address on tile with the Department. The
Contractor shall ensure that its current street and mailing addresses are on file with the Department at all times.
2. The parties agree that the Department shall consider all notices as received by the Contractor and its responsible
principa Its) and responsible individual(s) five (5) days after being sent to the last address the Contractor reported
te the Department.
F. RESPONSIBILITY TO OBSERVE ALL GOVERNING LAWS
The failure o this contract to cite all applicable state and federal laws, regulations, and policies does not waivQ the
Contractors responsibility to coinply with all applicable requirements specified in state and federal laws,
regulations, and policies.
G. NON -WAIVER
1. The Department shall have the right to declare anv viola an, deficiency, or default and take such action as may
be law-ful or authorized hereunder, in law or in equity',
2. A Department Waiver of any term, provision, condition, or covenant in this contract shall not be deemed to
imply or constitute a further Department waiver of any other term, provision, condition, or covenant hereof,
and tio payment by the Department shall be deemed a waiver of any default hereunder.
3. The Department and Contractor expressly agree that the Department's failure to declare any violatton,
deficiency, or default immediately upon occurrence, or failure to take any action in connection with that
occurrence, does not waive such violation, deficiency, or default.
IL CONTRACTORS NOTIFICATION OF RESPONSIBLE PARTIES
1. Pursuant to 7 CFR § 226.6, the Contractor's responsible principals and responsible individuals, including but
not limited to the ACFP Manager, Ownerts), Executive Director CEO. Chairman of the Board, and Board
Members, may become parties to a disqualification proceeding pursuant to the terms of this contract, The terms
responsible principal and responsible individual are defined in 7 CFR § 226,2, which shall control which
individuals shall be named parties in any disqualification proceeding.
The Contractor agrees that, upon execution of this contract, it shall inform its ACFP Manager, Owner(s),
Executive Director CEO. Chairman of the Board, other Board Members, and anv other responsible principals
and responsible individuals that as a condition of their employment or their individual paid or voluntary
participation in the Contractor's organization. they shall be subject to becoming a party to a disqualification
proceeding. The Contractor shall ensure that all responsible principals and responsible individuals comply with
the tenns of this contract and all governing requirements listed herein,
3. The DeparTmcnt a.•21.es that upon the determination of a serious deficiency, it shall notify the Contractor's
responsible principals and applicable responsible individuals of the cited deficiencies.
Page 17 of 43
Contract
I. CONDITIONS OF TERMINATION
1. Term no at Will. This contract may be terminated ithout cause upon no less than thirty (30 calendar day s'
notice in \\ riting unless a lesser tame is agreed to betvveen the parties j ji writing. Said notice shall be delivered
by facsimile iransmis,sion, email, certified 1 — return receipt requested, or in person with proof of delivery.
a. In the event termination of this contract is at will, the Contractor be compensated for approved ACFP
costs lawfully incurred prior to termination.
b. 'The Contractor shall be permitted to voluntarily. temunate this contract after the date the Department iSSUS
a N'otice of Serious Deficiency to the Contractor. However. the Contractor s self -termination under such
circumstances does no[ discontinue the serious deficiency process and therefore may result in the names of
the Contractor and its responsible principal(s) and responsible individualts) being placed on the USDA
National Disqualified 'List.
2. 4 LTmination Because or Lack of Funds. In the event that funds to finance this contract become unavailable, the
Department may terminate this contract upon no less than twenty-four (24) hours' notice in writing- to the
Contractor. Said notice shall be delivered by facsimile transmission, email, certified mail — return receipt
requested, or in person \vith proof of delivery. The Department shall be the final authority as to the availability
and adequacy of funds.
3. Termination for Cause. The Department mt.t\ terminate this contract for cause for the Contractor's
noncompliance with any provision of this contract, or for any of the serious deficiencies identified including,
but not limited to, those in Attachment III, Financial Consequences & Serious Deficiency Procedures for Adult
Care Food Program Contractors.
4. This contract shall he permanent unless either the Department or the Contractor takes the desiimared additional
actions described in this contract. This contract may be terminated, if not otherwise prohibited by other
provisions of this contract, upon the Department's receipt of the Contractor's written notice of:
a. Objection to a contract amendment; and
b. Election to withdraw from the Program within thirty (30) days of receipt of the Departm.ent's wTitten
notification ()Ca proposed amendment to this contract.
J. EXCLUSIVE VENUE PROVISION
1. Venue for any action arising from the terms of this contract or the application of state or federal law to any
dispute between the parties to this contract shall he Leon County, Florida to the exclusion or all other courts
and. jurisdictions.
Any action regarding this contract, or the application of state or federal law to any dispute between he 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 stage or federal law to any dispute
berxecn the parties to this contract, shall be conducted in Leon County', Florida to the exclusion of all other
courts and jurisdictions.
4. Any appeal of a lower court or administrative hearing shall be to the First District Court of Appeal in Leon
County, Florida to the exclusion of all other courts and jurisdictions.
Page 18 of 43
Contract --,
N. ENTIRE CONTRACT; CONTRACT ANIENDNIENT PROCEDURES
1. Entire Contract
This contract constitutes the entire contract. between the parties. This contract contains all the terms and
conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the
Department or the Contractor unless expressly contained herein or by a written amendment to this contract
signed by both Parties.
2. Contract Amendment
a. The Department shall have the right to amend this contract from time to MC tts required under the ACFP's
regulations or for operational necessity.
b. This contract may only be amended by:
i. The Department•s issuance or an amendment; and
ii. Expiration or time for the Contractor to reject an amendment and withdraw From the ACFP as described
in this contract.
c. Such amendments, executed b\. the Department, shall he mailed to the Contractor's last reported mailing
address. The Contractor shall, no later than twenty-one (21) days of receipt of the amendment:
i. Sign the amendment and return a copy to the Department; or
ii. Provide the Department with written notice or its intent to withdraw from the ACE:P.
d. Amendments issued by the Department and accepted by the Contractor consistent with the terms of this
contract shall take precedence over any terms or conditions in the original contract unless expressly stated
otherwise in the Amendment.
L. CONSTRUCTION OR INTERPRETATION OF coNTRAcr .-AND ENFORCEMENT
1. Whenever possible, each provision of this contract shall be interpreted in such a way as to be effective and valid
under applicable law. It a provision is found to be ineffective, that provision shall be ineffective only to the
extent or such prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this contract.
Titles and Headings. 'Fides and headings to articles, sections, or paragraphs in this contract are inserted for
convenience of reference only and are not intended to affect the interpretation or construction of this contract.
3. Remedies Cumulative. The remedies provided in this contract shall be cumulative, and the assertion by any
part'; 0 t' any right or remedy shall not preclude the assertion by such parry of any other rights or the seeking of
any other remedies,
4. In the event ofconflict between this contract and ACFP Federal Program requirements:
a, The 1011115 of this cc tract shall. govern the conduct of the parties; and
b. Subsequent to execution of this contract, any direct conflict betw'een the terms of this contract and ACFP
Federal Program requirements stated in 7 CFR Part 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 of this contract
shall remain unchanged.
Page 19 of 43
5,
Contract
if any term or provision of this contract or orally ACFP rules, regulations, policies, procedures, instructions, or
manuals is found to be ilici4a1 or unenforceable, the remainder of this contract shall remain in full force and
effect and such term or provision shall he stricken.
co,vrRACT NLANAGER
The Department nua:,, substitute an Department employee to serve as the Contract Nlanaer,
REMAINDER ( GI: INTENTIONALLY LEFT BLANK
Pane 20 of 13
Contract
SIG\ ITRE P AGE:
As the Contractor's authorized representative etnpowered to on -unit to the terms or this contract, have been expressly
advised to seek legal advice regarding the terms of this contract with an attorney licensed in the State of Florida representing
the interests orl the corporadon and'or individual interests of associated individuals or individuals named herein. I have not
relied upon any advice from the Department or its agents regarding this contract and the leg -al rights for myself or those
whom [ no empowered to represent. I hive considered seeking appropriate advice. I have read the above contract
and understand each section and parazraph.
By my signature I ackm.r.vledge that I enter into this contract freely on behalf' or Myself and those whom I am empowered
to represent. I expressly agree to notify the Contractor's responsible principals and responsible individuals, including the
\CFP Manager, Owl -lei -is). Executive Director'CEO, Chairman of the Board, other Board lembers, and any other
responsible principals and responsible individuals. or their liability regarding the Contractor's compliance with this contract.
In witness whereof. the parties hereto have caused this contract and its subject attachments, adopted and incorporated into
this contract by reference, to be executed by their undersigned official as duly authorized.
CONTRACTOR STATE OF FLORIDA
DEPARTNIENT OF ELDER AFFAIRS
LEGAL NAME OF ORGANIZATION
RICHARD PRUDONI
D 8 A NANIE SECRETARY
ADDRESS DATE:
CITY. STATE ZIP
FEID
DUNS
SIGNATURE OF CHAIRMAN OF THE BOARD,
PRESIDENT, EXECUTIV DIRECTOR, MAJORITY OWNER
OR DELEGATED AUTHORITY
PRINTED NAME:
TITLE:
DATE:
Page 21 of 43
Conirct
•7
TABLE OF CONTENTS
ATTACIMENT 1
ATTACHMENT
FINANCIAL AND COMPLIANCE AUDIT
ATTACHNIENT 111-79
SERIOUS DEFICIENCY 'PROCEDURES
ATTACHMENT IV 33
PROCEDURE FOR FILING REQUES-I FOR APPEAL
ATTACHNIENT V 36
SANIPLE REQUEST FOR ADMINISTRATIVE REVIEW
ATTACHMENT VI 37
CERTIFICATIONS AND ASSURACES
ATTACHMENT VII
RETURN OF FUNDS AND DISALLOWANCE OF PROGRAM PAYMENTS
ATTACHNIENT VILI 43
BACKGROUND SCREENING
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 22 of 43
Contract
ATTACHMENT 11
FINANCIAL AND COMPLIANCE AUD —
The administration or resources a,A arded by the Department to the Contractor may be subject to audits and or onitoring
by the Department, as described in this section.
NIONITO RING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-I33 as revised),
and Section 215.97. F.S., (see "AUDITS- below). monitoring procedures nay include, but not be limited to. on -site visits
by the Department staff, limited scope audits and, or other procedures. By entering into this contract, the Contractor agrees
to comply and cooperate with any monitoring procedures.Processes deenied appropriate by the Department. In the event
the Department determines that a limited scope audit of the Contractor is appropriate. the Contractor agrees to comply with
any additional instructions provided by the Department to the Contractor regarding such audit. The Contractor further
agrees to comply and cooperate with any inspections, reviews, investi2ations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Pan
200, Subpart. A.
In the event that the Contractor expends S750,000.00 or more in federal awards durin, its fiscal year, the Contractor must
have a single or prouam-specific audit conducted in accordance ,,vith the provisions of 2 CFR Part 200, Financial and
Compliance Audit „Attachment, Exhibit 2 indicates federal resources awarded through the Department by this contract. In
determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal a \‘ards,
including federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance
with the provisions of 2 CFR Part 200 will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph I, the Contractor shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR § 200.50S.
If the Contractor expends less than 5750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with
the provisions of 2 CFR. Part 200 is not required. In the event that the Contractor expends less than 5750,000.00 in federal
awards in its Fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, 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 ocher than federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organizations fiscal year.
Compliance findings related to contracts with the Department shall be based on the contracts requirements. including anv
rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matchina
requirement was met for each applicable contract. All questioned costs and liabilities due to the Department shall be fully
disclosed in the audit report with reference to the Department contract involved. If not otherwise disclosed as required by
2 CFR §" 200.510, the schedule of expenditures of federal a,„vards shall identify expenditures by contract number for each
contract with the Departmentin effect during the audit period. Financial reporting packages required under this parr must
be submitted ithin the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractor's fiscal
year end.
PART II: STATE FENDED
This part is applicable if the Contractor is a non -state entity as defined by Section 215,97(2), F.S.
Patte 23 of 43
Contract
In the event that the Contractor expends a total amount of state financial assistance equal to or in excess or 3750,000.00 in
any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local
irovemmental entities) or 10.650 (nonproFit and for -profit orranizations). Rules of the Auditor General, Financial
Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Department by this
contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources
of state financial assistance, including state financial assistance received from the 'Department, ocher state agencies, and
other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources
received by a non -state entity for Federal program' matching requirements.
In connection with the audit requirements addressed in Part paragraph. 1, the Contractor shall ensure that die audit
complies with the requirements of Section 215.970), F.S. This includes submission or a financial reporting packauc as
defined by Section 215.97(2), F.S., and Chapter 10.550 (local rrovernmental entities') or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General.
If the Contractor expends less than 550,000.00 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than
S750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97,17.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of
such an audit must he paid from the Contractor resources obtained from other than State entities).
An audit conducted in accordance with this part shall cover the entire oroanization for the organizations fiscal year.
Compliance findine,s related to contracts with the Department shall be based on the contract's requirements, includine any
applicable rules, regailtnions, or statutes. The financial statements shall disclose whether or not the matching requirement
was met for each applicable contract. All questioned costs and liabilities due to the Department shall be fully disclosed in
the audit report with reference to the Department contract involved. If not otherwise disclosed as required by Rule 691.-
5.001 F.A.C., the schedule or expenditures of state financial assistance shall identify expenditures by contract number for
each contract with the Department in effect during the audit period. For local governmental entities, financial reporting
packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12
months after the Contractor's fiseal year end. For non-prolit or for -profit organizations, financial reportine packages
required under this part must he submitted within 45 days after delivery ()Utile audit report, but no later than 9 months after
the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Departmentretains all right and
obliuntion to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to
law.
PART III: REPORT SUBMISSION
Copies of financial repot -line packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of
this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFP, § 200.512 by or on behalfor the
Contractor directly to each of the following,:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"' Street
Jeffersonville, IN 47132
Pursuant to 2 CFR § 200.512, all other Federal agencies, pass-throunh entities and others interested in a reporting package
and data collection form must obtain it by accessing the Federal Audit Clearinghouse.
The Contractor shall submit a copy of any management letter issued by the auditor to the Department at the following
address:
Florida Department of Elder Affairs
Attn: Audit Repsitor\
4040 Esplanade Way, Suite 235S
Tallahassee, Florida 32399-7000
Page 24 of 43
Contract i#
Additionally, copies of financial reporting packaees required by this contract's Financial Compliance Audit Attachment,
Part 11, shall he submitted by or on behttlf of the Contractor directly to each of the fellowine:
The Department at the followine a(ldress:
Florida Department of Elder Affairs
Attn: Audit Repsitory
4040 Esplanade Way, Suite 235S
Tallahassee, Florida 32399-7000
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 57-1
111 Vest Madison Street
Tallahassee, Florida 32399-1450
Any reports, manauement letters, or other information required to be submitted to he Department pursuant to this contract
shall be submitted timely in accordance with 2 CFR Part 200, F.S., and Chapter 10,550 (local governmental entities) or
1.0.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
Contractors, when submitting Financial reporting. packaues to the Department for audits done in accordance with 2 CFR Part
200 or Chapter 10.550 (local uovernmental entities) or 10.650 (nonprofit and for-prefit oreanizations), Rules of the Auditor
General, should indicate the date that the reportine packaue was delivered to the Contractor in correspondence
accompanying the reporting packaec.
PART IV: RECORD RETENTION
The Contractor shall retain sufficient records denionstratme its compliance with the terms of this contract for a period of
six (6) years from the dare the audit report is issued, and shall allow the Department or its desienee, the CFO, or Auditor
General access to such records upon request. The Contractor shall ensure that audit workine papers are made available to
the Department or its desienee. CFO, or Auditor General upon request for a period or six. (6) years from the date the audit
report is issued, unless extended in writine by the Department.
PaFo 25 of 43
Contract
ATTACILMENT lI-r:xIuBn
PART I: AUDIT RELATIONSHIP DETERAIINATION
Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200
and. or Section 215.97, F.S. Contractors ‘,vho are determined to be recipients or sub -recipients of federal awards and. or
state Financial assistance may be subject to the audit requirements ir the audit threshold requirements set forth in Part I
and. or Pan II of Exhibit 1 are met. Contractors who have been determined to be vendors are nut subject to We audit
requirements or 2 CFR § 200,3, and or Section 215.97, F.S. Regardless of \‘hether the audit requirements are met,
Contractors \\Ito have been determined to be recipients or sub -recipients of Federal awards and or state financial
assistance must compiy with applicable programmatic and Fiscal compliance requirements.
In accordance with 2 CFR Par 200 and'or Rule 691-5.006, F.A.C., Contractor has been determined to be:
Vendor nor subject to 2 CFR. § 200.3S and or Section 215.97, F.S.
Recipient:sub-recipient subject to 2 CFR § 200.86 and § 200.93 and or Section 215.97, F.S.
Exempt orttanization not. subject to 2 CFR Part 200 and'or Section 215.97, F.S. For Federal award, for -profit
organizations are exempt: for state financial assistance projects, public universities, community colle,zes, district
school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must
comply with all compliance requirements set forth within the contract or award document.
NO-FE: IC a Contractor is determined to be a recipient:sub-recipient or federal and or state financial assistance and has been
approved by the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-5.006. F.A.C.
[state financial assistance] and 2 CFR § 200.330 [federal awards].
P RT II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal
awards, state maintenance of effort funds, or S LalQ matching funds on Federal awards, and who are determined to be a sob -
recipient, must comply with the following fiscal laws, rules, and regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES musT FoLLow:
2 CFR § 200,416 - § 200.417 — Special Considerations for States, Local Governments and Indian Tribes*
2 CFR § 200.201 — Administrative Requirements**
2 CFR § 200 Subpart F— Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules, and regulations
NON-PROFIT ORGANIZATIONS :MUST FOLLOW:
2 CFR § 200.400 - § 200.411 — Cost Principles*
2 CFR § 200.100 — Achninistrative Requirements
2 CFR § 200 Subpart F — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules, and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)
NIUST FOLLOW:
2 CFR § 200.418 — § 200.419 — Special Considerations for Institutions of Hioher "Education*
2 CFR § 200.100 — Administrative Requirements
2 CFR § 200 Subpart F — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*SO rile Federal programs may be exempted from compliance livith the Cost Principles Circulars as noted in 2 CFR
200.400(5) (0).
**For funding passed through U.S. Health and 1-11.1111311 Services, 45 CFR Par 75; for funding passed through U.S.
Department of Education, 34 CFR Part 80.
Page 26 of 43
Contract
STATE FINANCIAL ASSISTANCE. Contractors c,kho recei e sane Financial assistance and who are determined to be a
recipietn sub -recipient must comply v.ith the follov,Mar fiscal lay.s, rules. and reguiarions:
Sections 215.97 & 215,971, F.S.
Chapter 691-5, F.A.C.
State Projecta Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth ir, program laws, rules, and regulations
Page 27 0143
Contract
AFFACIf\IENT II -EXHIBIT
FUNDING SL-NIIARN:
ote: Ti] 2 CFR, as revis'ed, and Section 215.97, F.S.. require that the infornation about Federal Proarams and State
Projocts incluck-d in Attachment 11, Exhibit 1, he provided to the recipient. Information contained herein is a prediction of
fundin. sources and related amounts based on the contract budt.
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT To 11115 CONTRACT
CONSIST OF THE FOLLOWING:
GRANT AWARD (FA1N#): 1N109945 & IN202-45 (FAIN
number will be preceded by the actual calendar year in a six-
digit format. For instance, in 2016, the FAIN Will be
2016161N1009945)
FEDERAL AWARD DATE: Octobero eacl
contractual year
DUNS NUMBER:
PROGRAM TITLE i FUNDING SOURCE C E DA
AMOUNT
ACEP 1 USDA
10.55S & 10.555
Nleals will be reimbursed per the
amount determined by USDA
TOTAL FEDERAL AWARDAmount
will be determined by
the ,,t•: of meals served
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RE:SOURCES AWARDED PURSLANT
TO THIS CONTRACT ARE AS FOLLOWS:
FEDERAL FUNDS:
2 CFR Part 200 — 'Uniform Administrarive Requirements, Cot Principles, and Audit Requirements for Federal Awards.
ONIB Circular A-133 Audits of States, Local Governments, and Non -Profit Ontanizations
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
.NEATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM- - LE F *. - NG SOURCE
CI:DA
AMOUNT
TOTAL STATE AWARD
STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE
CSFA
AMOUNT
i
TOTAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
CONTRACT ARE AS FOLLOWS:
STATE FINANCIAL ASSISTANCE
Sections 215.97 & 215.971, F.S., Chapter 691-5, F.A.C, State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements sei forth in prot,tram laws, rules, and reeulations
ATTAC
Pane 28 0143
Contract
FINANCECONSEQUENCES SERIOUS DEFICIENCY PROCE " ES FOR
AD u LT CARE FOOD PROGRAM CONTRACTORS
This attachment incorporates the most common examples of .serious deficiencies listed in Title 7 CFR Paii 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
Department ACFP.
LIST OF SERIOUS DEFICIENCIES
1. S bmission of false information to the I)epartrnent ancUor filing clitims based on false or fraudulent records.
• Failure to disclose ineligible officers, directors, or 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 (7) years that indicates a tack
of business integrity
Falsification of documentation to support claims
Falsification of information or documents in order to obtain and or rnaintdn ACFP purtieipiltion
2. Permitting an individual on the USDA National Disqualified List to serve in a principal capacity with the
Contractor or at a facility sponsored by the Contractor.
3. Failure to operate the AC:FP in conformance with performance standards established in Title 7 CFR §
226.6(h)(1)(xviii) or 226.6(b)(2)(vii), as applicable, 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 intentuptions in program payments and or fiscal
claims aninst the Contractor
• Failure to maintain an adequate number and type of qualified staff to ensure proper ACFP operations
• Failure to establish and implement internal controls and other systems to ensure fiscal accountability
• Failure of the Board of Directors to provide adequate program oversight
4. Failure to maintain adequate records.
• Failure to maintain appropriate records to document compliance with ACFP requirements including
budgets, approved budget amendrnents, and, when applicable, management planand records pertaining
to facility operations
• Consistently missina/incomplete records during different reviews, complaint investigations, or audits
• Missing:incompleteiincorrect invoices, receipts, canceled checks, and or inventories resulting in
falselinflated'unsubstantiated claimed costs
• Cost records not maintained acoordino to generally accepted accounting principles resultin '2, in
false;inflated'unsubstantiated claimed costs
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
Page 29 of 43
Contract
6. Non-compliance with applicable hid procedures and contract requirements of federal adult: nutrition
programs.
• Failure to competitively procure goods and services
• Anti -competitive practices such as collusion, kickbacks, and or conflicts of interest
• Inclusion or non-cornettke pro \ in a Hi, e.2. "SUCCSSII.11 bidder for a contract to pro \ ide meals
must establish a scholarship fund"'
7. Claiming reimbursement for meals not served to participants.
• Claiming meals delivered or planned for as steals served to participants
• Clairninu meals for participants, not present on a given day or for a particular meal
• Claiminu meals served to non-existent adults
• Chaining meals served to non -enrolled adults or to staff
• In flatimi: meal counts
• Claitning non-existent and nori-parncipating facilities
• Claiming. meals for ineligible facilities
• Claiming dual participating- facilities
• Claiming the same participant for the same meal at more than one facility
8. Claiming reimbursement for meals that do not meet AM' requirements.
9. Use of a food service management company (caterer) that is in violation of health codes.
10. Failure of a sponsoring organization to disburse payments to its facilities in accordance With its management
plan antkor ACFP requirements.
• Payments sent without endorsements or otherwise incomplete
• Payments made for an amount. other than the Cull amount the supplying facility or vendor is entitled to
• Payments made to a facility other than the facility that earned the payment
• Payments made to an entityiperson other than the facility \vithout express wiritten permission o the facility
• Checks not mailed or direct deposits not initiated within a five (5) day" time frame of receipt of associated
reimbursement from the Department or first business day thereafter
• Failure to transfer full amount of - facility payments to separate facility hank account within five (5) working
days of receipt from the Department or failure to maintain full amount or facility payments in commingled
bank account until checks clear
• Using facility reimbursement funds to pay facility advances
• Using day care home :funds to pay sponsored centers or center funds to pay day care homes
• Retaining sponsored center funds in excess of the percentage approved in the ACFP Budget
11. Ilistor ot aclministratjve or financial mismanagement in any USDA adult nutrition program.
• Institution left another adult nutrition program (e.g. Summer Food Service Program, National School Lunch
Program, etc.) because of a serious documented problem in its operation
• Failure to maintain required corrective actions
• Institution terminated for serious deficiency in one part of the ACFP (ex: adult care center) 'applies to
administer a different part of the ACFP (ex: day care homes)
12. Claiming reimbursement for meals served by a proprietary adult care center during a calendar month in
Which less than 25 percent of its enrolled adult participants were Title XIX or Title XX beneficiaries.
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.
Page 30 of 43
Contract
• fai Iure re adequately monitor
• Failure to require full, permanent, and systemic corrective actions
• Failure to impose sanctions on centers, sites, or day care home providers when issues of noncompliance are
identified
• Failure to follow serious deficiency, suspension, tnnination, disqualification and appeal procedures. as
applicable
15. The fact that the Contractor or any °fits principals have been declared ineligible to participate in a publicly
funded program due to Violating that program's requirements, except if the institution or the principal have
been fully reinstated or are now eligible to participate in that program, including the payment of any debts
owed.
16. Failure to make payment(s) to subcontractor(s) for program services rendered.
• Payments made for an amount other than the full amount the subcontractor is entitled to
• Checks not mailed within rive (5) business days after receipt of reimbursernent or first business day
thereafter
Using reimbursement funds claimed for subcontractor costs for purposes other than reimbursing
subcontractor costs
• Failure to make all reimbursement payments to subcontractors subsequent to the \.oluntary or involuntary
termination of this contract
• Failure to pay all outstanding debts incurred and claimed as part of the AC'FP claims that 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 ACFP available upon request at a reasonable time and place
• Failure to maintain current licensure requirements
• N,lisuse of ACFP 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 re2ulation) to regulatoryagenc es (e,g, employee
withholding for income taxes, social security, or unemployment compensation)
• Failure to implement corrective action(s) within required timeframes
• Failure to follow-up/require and maintain cotTective action for facility review findings
• Creating .ficticious 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;conters recruited, paying recruitmentbounties
or bonuses
• Failure to attend training required by the Department
• Interfering or obstructing a Department on -site or program revieN\ 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. ACFP 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 Part 226, and to include
convictions for fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, receivin2 stolen property, making false claims, obstruction of justice,
tax evasion, tax fraud, failing to file tax returns, passingworthless checks, submission of false or fraudulent
Page 31 of 43
Contract .e
If no written request is submitted, or if the written request is not: received within Fifteen (15) s of the Department's notice,
then the Department's propos,2d action against the Contrtictor, resporsibL: principals, and or responsiblercsponihlc individuals shall
no loner be subject to administratke review and the proposed action will become effective. If the request for administrative
review w as not timely filed, the Department shall notiPy the Contractor, responsible principals, and. or responsible
individuals that review is no longer authorized and that the Department's proposed action has now taken effect
A request for an administrative review MUSE specify if do requestor IS seeking a hearinu or administrative review: of
documents only. Direct requests for review should be sent to:
Ms. Madeline Nobles, Division Director
Statewide Community -Based Services
Florida Department of Elder Affairs
4040 Esplanade Way
Tallahassee, Florida 32399-7000
IT the request was timely filed, the Department \,‘, ill appoint an Administrative Review Officer (ARC)),If hearinz is
requested, the ARO shall issue a Pre-fiearinu Order at least ten (10) days in advance of the hearing. date. The Order shall
provide the time and plaee of the hearing.
IT a timely written request is submitted, the Contractor, responsible principals, and or responsible ind viduals must submit:
documentation in opposition to the proposed Department action no later than thirty (30) days after receipt or the
Department's notice to the ARO, IThe Department may submit documentation in support of its action within fifteen ((5)
days of the Contractors request for administrative review. The ARO will consider the Department's proposed actions based
upon written submissions by the Department and the Contractor.
A hearing wtill be held by the ARO in addition to, or in lieu of, a review of written information only if it is not excluded by
7 CFR § 226.6(10(9) and the Contractor or a responsible principal or individual requests such a hearing in the initial written
request 6nr administrative review:. The ARO must make determination based solely on the information provided by the
Department, the Contractor, and the responsible principals and responsible individuals, and based on Federal and Florida
laws, reoulations, policies, and procedures governing the Prouram, Either party may be represented by counsel. If a hearing
is requested, the parties may call witnesses to testify and may cross examine witnesses. Witnesses may testify by telephone
and may be sworn over the telephone and may be pensiitted to testify in narrative form. The ARO will issue 3 decision
within sixty (60) days of the Department's receipt of a timely: tiled written request for administrative rev:iew, which is an
administrative requirement for the Department and may not he used as a basis for overturning the Department's action if a
decision is not made within that specified timerrame.
Consistent with the terms of this contract and 7 CFR.. Pan 226, the Contractor hereby agrees to cooperate in the efficient
administration of the hearing process and agrees that no continuance shall be requested nor g-ranted that would require the
Department to exceed the sixty (60) day limitation of this clause and 7 CFR § 226.6(k)(5)(ix).
The Contractor agrees to provide an authorized representative to represent the interests of the institution and or his or her
interests should the Contractor request an in -person hearing and subsequently be unable to attend in sufficient time to perrnit
the issuance of a 'Final Order within the sixty (60) day: limitation of 7 CFR §226.6(k)(i)(ix). Should the Contractor request
an in -person hearing and be unable to attend and fail to nominate an authorized representative to attend in their place, the
Contractor shall waive the right to personal appearance and the requested administrative review and the Department's action
shall become final.
The ARO's determination is the final administrative determination to be afforded the institution and responsible principals
and or responsible individuals. "The termination of this contract upon rendition of a Final Order shall not be automatically
stayed pending any appeal of, or challenge to, the Final Order. Such stay may only be obtained by filing a Motion for Stay
Pending Appeal with the ARO. If the Motion for Stav is gtranted, the Contractor shall be permitted to continue to participate
and receive ProTram reimbursement for eligible meals served and allo,,vable 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 Section 120.68, F.S.
The Contractor shall waive ha right. to appeal the Final Order if it fails to file one copy of a Notice of Appeal with the
A crencv: Clerk of the Department and a second copy, accompanied by the filing fees required by law, with the First District
Page 34 of 43
Contract
Coma of Appeal, Tallahassee, Florida. "Die Notice orAppeal must be filed within thirty (30) days or the nlin2 of the ARO's
Final Order,
USDA National Disqualified List
Ertl Contractor, responsible principals, and or responsible individuals do not timely reqUeSt administrative review, or if
administrative review upholds the Department's proposed action ror disqualification from the ACFP, the Contractor and.or
responsible principals and or responsible individuals vill be placed on the National Disqualified List with the USDA and
will be prohibited from participatinff in the ACFP for a period of seven years. Additionally, if a Contractor, responsible
principal, and. or responsible individual has failed to repay debts owed under the ACFP, they vill remain on the list until
the debt has been repaid.
REMAIN -DER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES FOUND ON FOLLOWING PAGE
PaRe 35 of 43
ATTACHMENT V
ADcur CARE FOOD PROGRAM
. REQUEST FOR ADMINISTRATIVE REV"11::\\*
[Requestor]
Notice of \tion dated
Sivnature:
Send to:
refutes the rnatters contained in the Departmenrs
and requests:
A hearinv before the administrative review officer.
Administrati e review rtttendocumentation only.
Date:
Nts, Madeleine Nobles, Division Director
Statewide Community -Based Services
Florida Department of Elder Affairs
4040 Esplanade Way
Tallahassee, Florida 32399-7000
Contract
All requests for administrative reviews must be received within die timeframes noted in Attachment IV,
Procedure for Filing Request for Appeal.
Pave 36 of 43
Contract
ATTACHMENT VI
CERTIFICATIONS AND ASSURANCES
DOEA will not award this Contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In
performance of this contract, Contractor provides the following certifications and assurances:
A. Debarment and Suspension Certification (29 CFR Part 95 and 45 CFR Part 75)
B. Certification Regarding Lobbving (29 CFR Part 93 and 45 CFR Part 93)
C. Nondiscrimination & Equal Opportunity Assurance (29 CFR. Part 37 and 45 CFR Part 80)
D. Certification Regarding, Public Entity Crimes. section 287.133. F.S.
E. Association of Community Organizations for Reform Now (..:k CORN 7l1 ndin 2: Restrictions Assurance
(Pub. L. 111-117)
Certification Regarding Scrutinized Companies Lists and NO Boycott of Israel. section 287.135, F.S.
G. Certification Regarding Data Integrity Compliance For Contracts. Agreements, Grants. Loans. and
Cooperative .Agreements
11. Verification of Employment Status Certification
1. Records and Documentation
j. Certification R.egarding Inspection of Public Records
A. CERTIFICATION REGARDING DEBAR_MENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS — PRIMARY COVERED TRANSACTION.
The undersigned Contractor certifies, to the best or its knowledge and belief, that it and its principals:
I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by a Federal department or agency;
2. Have not Within a three-year period preceding this Contract been convicted or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, anetnpting to obtain, or performing
a public (Federa), State, or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph A.2. of this certification; and. or
4. Have not ‘vithin a three-year period preceding this application:proposal had one or more publicpub)ic trans301ons
(Federal, State, or local) terminated for cause of default.
The undersigned shall require that language of this certification be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients and contractors shall provide this certification accordingly.
B. CERTIFICATION REGARDING LOBBYING — CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS.
The undersigned Contractor certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress,
in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
Page 37 of 43
Contract
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
IC any funds other than Federal appropriated funds have been paid or will be paid to any person for influencina or
ailenapring to influence an officer or employee of any aaency. a Member of Congress, an officer or employee of
Conarcss. or employee or a Ntember of Congress in connection with a Federal contract, grant, loan, or cooperative
aureement, the undersigned shall also complete and submit Standard Form — LLI, "Disclosure Form to Report
Lobbying,- in accordance \\ itla its instructions.
The undersiuned shall require that language of -this certification be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grams, loans, and cooperati o barectnent) and that all
sub -recipients and contrac.lors shall certify and disclose accordingly.
This certifieation is a material representation of fact upon which reliance Was placed when this Contract was made or
entered into. Submission of this certification is a prerequisite for makinu or entering into this Contract imposed by 31
§ 1352. Any person who fails to file the required certification shall be subject to a civil penalty' of not less than
S 0,000 and not more than 5100,000 for each such failure.
C. NON-DISCRIMINATION S.: EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR
PART 80). - a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination
and equal opportunity provisions of the following laws:
I. Section !SS of the \Vorkrorce Investment Act of 1995 (WIA), (Pub. L. 105-220), which prohibits discrimination
against all individuals in the United States on the basis of race, color, reliaion, sex, national origin, aae,
political affiliation, or belief, and against beneficiaries on the basis oreither citizenship:status as a law -fully admitted
immigrant authorized to work in the United States or participation in any \VL\ Title I -financially assisted program
or activity.
2. Title VI or the Civil Riahts Ac[ of 1964 (Pub. L. 85-352), as amended, and all requirements imposed by or pursuant
to the Regulation of the Department of Health and Human Services (45 CFR Part SO), to the end that, in accordance
with Title .\"1 of tha[ Act and the Reuulation, no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which, the Applicant receives Federal financial assistance from the
Departme.nt.
3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) a.s amended, and all requirements imposed by or
pursuant to the Regulation of the Department of Health and Human Services (45 CFR Pan 84), to the end that, in
accordance with Section 504 or that Act and the Reaulation, no otherwise qualified handicapped individual in the
United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial
assistance from the Department.
4. The Age Discrimination Act or 1975 (Pub, L. 94-135), as amended, and all requirements imposed by or pursuant
to the Regulation of the Department of Health and Human Services (45 CFR Part 91.), to the end th[n, in accordance
with the Act and [he Regulation, no person in the United States shall, on the basis of age, be denied the benefits of,
he excluded from R:trticipation in, or be subjected to discrimination under any program or activity for which the
Applicant receives Federal financial assistance from [Ile Department.
5. Title IX of the Education Amendments of 1972 (Pub. L. 92-3 18), as amended, and all requirements imposed by or
pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in
accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, he excluded
from participation in, be denied the benefits of, or he otherwise subjected to discrimination under any education
program or activity for which the Applicant receives Federal financial assistance from the Department.
6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment
practices, includinu job application procedures, hirinu, firing, advancement, compensation, training, and other
terms, conditions, and privile2eS of employment. It applies to recruitment, advertising., tenure, layoff, leave, fringe
benefits, and all other employment -related activities.
Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed
above. This assurance applies to Contractor's operation of the WIA Title 1 — financially assisted program or activity,
and to all contracts Contractor makes to carry out the \VIA 'Fidel— financially assisted program or activity. Contractor
understands that DOEA and the United States have the right to seek judicial enforcement of the assurance.
Page 3S of 43
Contract
The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all
tiers (including. sulacontracts, sub -grants, ini contracts under grants, loans. and cooperative agreements) and that all
sub -recipients and contractors shall provide this assurance accordingly.
D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S.
Contractor hereby certifies that neither it, nor any person or affiliate olContractor, has been convicted of a Public Entity
Crime as defined in section 287,133, E.S., nor placed on the convicted vendor list.
Contractor understands and agrees that it is required to infi..)mt 1)0E.Aimmediately upon any change of circumstances
regarding this status.
E. ASSOCIATION OF COMA1UNITV ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING
RESTRICTIONS ASSURANCE (Pub. L. 111-117).
As a condition of the Contract. Contractor assures that it will comply fully with the federal funding restrictions
pertaining. to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division F, Section 511 (Pub.
L. 11 I -1171. The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. I. 1 1. -242), provides that
appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117.
The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients and contractors shall provide this assurance accordingly.
F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT OF ISR, CERTIFICATION, SECTION
287.135, E.S.
In accordance with section 287.135, ES., Contractor hereby certifies that it is not participating. in a boycott of lsrael,
IC this Contract is in the amount of $1 million or more, in accordance with the requirements or section 287.135, E.S.,
Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the [ran Petroleum Energy Sector List, and that it does not have business
operations in Cuba or Syria.
Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may result in the
Department terminating this contract and the submission of a false certification may subject Contractor to civil penalties
and attorney fees and costs, including any costs for investigations that led to the finding of false certification.
Clontractor is unable to certify0 any of the statementsin this certification, Contractor shall attach an explanation to this
Contract.
G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR C()NTR,ACTS. AGREEMENTS,
GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
1. The Contractor and any subcontractors or services under this contract have financial management systems capable
of providing, certain information, including,: (1) accurate, current, and complete disclosure of the financial results
or each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source
and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted
amounts for each award. The inability to process infonnation in accordance with these requirements could result
in a return of grant funds that have not been accounted for properly.
2. Management Information Systems used by the Contractor, subcontractors, or any outside entity on which the
Contractor is dependent for data that is to be reported, transmitted, or calculated have been assessed and verified
to be capable of processing data accurately, including year -date dependent data. For those systems identified to be
non -compliant, Contractors will take immediate action to assure data integrity.
Page 39 of 43
Contract
3. If this contract InellIdes the provision Or. harci,,k.are, software, firmware. microcode, or imbedded chip technology,
the undersigned %)..rantS that these products are Capable of processini, year -date dependent data accurately. All
versions of these producits offered by the Contractor (represented by the undersigned) and purchased by the state
will be verified for accuracy and integrity of data prior to transfer.
4. In the event. or any decrease in functionality related to time and date related codes and internal subroutines that
impede the. hardware or software prodranu from operating properly. the Contractor tigrees to immediately make
required corrections to restore hardware and software programs to the sarne level Or functionality as Wan -anted
herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the
essence.
"[he Contractor and anyi subcontractors or services under this contract warrant that their policies and procedures
include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies
arisine from data integrity compliance issues.
El. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION
.As a condition of contractinu with the Department, Contractor certifies the use of the U.S, Department or Homeland
Security's E-Verify system to verify the employment eligibility of all EICO employees hired by Contractor during the
contract term to perform employment duties pursuant to this contract, and that any subcontracts include. an express
requirement thatsubcontractors performing work or providing services pursuant to this Contract utilize the .E-verify
system tc) verit'y the employment eligibility of all new employees hired by the subcontractor during the entire contract
term,
The Contractor shall require that the language of this certification be included in all sub -agreements, sub -rant, and
other agreetnents 'contracts and that all subcontractors shall certify compliance accordingly.
This certification is a material representation of ract upon which reliance wias placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Circulars -102 and .2 CFR. Part 200 and 21 ( formerly OMB Circular A-110).
I. RECORDS AND DOCUMENTATION
The Contractor agrees to make available to Department staff and. or any party designated by the Department any and
all contract related records and documentation. The Contractor shall ensure the collection and maintenance of all
program -related information and documentation on any such system designated by. the Department. Nlaintenance
includes valid exports and backups of all data and systems according to Department standards.
J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS
I. In addition to the requirements of section C_; of Attachment 1, and 119.0701(3) and (4) F.S., and anv other applicable
law, if a civil action is commenced as contemplated by Section 119.0701(4), F,S., and the Depanment is named in the
civil action, Contractor agrees to indemnify and hold harmless the Department for any costs incurred by the
Department, and an attorneys' fees assessed or a \\arded against the Department from a Public Records Request made
pursuant to Chapter 119, ES., concerning this contract or services performed thereunder.
a, Notwithstanding Section 119.0701, F.S,, or other Florida law, this section is not applicable to contracts executed
between the Department and state agencies or subdivisions defined in Section 768,23(2). F.S.
Section 119,0L()), ES., states if public funds are expended by an agency in payment of dues or membership
contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial,
business, and membership records of such an entity vh di pertain to the public agency (Florida Department or
Elder Affairs) are public records. Section 1 l 9.07, F.S, states that every person who has custody of such a public record
shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances,
Additionally, I certify this organization does does not provide for institutional memberships.
Page 40 or 43
Contract
Contractors snature beiciv, attests that recorit perainin. to the dues or mernbership applic on b\ the Departntent are
a i hI c for inspection as stated. above.
By .e.•.ecution or this contrict„ Contractor must include these provisions A-j) in all related subcontractaareements
applicable).
By sitamina below, Cotractor certifies that the representationsout1ind in parrs. A throutcth J above are true and correct.
Signature and Title of Authorized RepresentativeStreet
Address
Contractor Date
Citv, State, Zip code
Page 41 0143
Contract tt:'
ATTACHMENT VII
CONDITIONS FOR RETURN OE FUNDS AND DISALLOWANCE OF PROGRAM PAYMENTS
The Department Ns ill apply conditions for return of funds and procedures for disallowance of program payments
in accordance svith Title 7 CFR § 226.14:
Claims against institutions
ta: Suite iv2.encies shall disallow any portion or a claim for reimbursement and recover any payment to an institution not
properly payable under this part. Stale agencies may consider claims for reimbursement not properly: payable if an
institution does not comply \vith the recordkeepina requirements contained in this pan. The State agency may permit
institutions to pay over claims over a period of one or more years. However, the State agency must assess interest
beginning with the date stipulated in the State agency's demand letter, or thirty (30.) days after the date of the demand
letter, whichever date is later. Further, \yhen an institution requests and is granted an administrative review of the State
a,,ency's overpayment demand, the State auency is prohibited from taking action to collect or offset the overpayment until
the administrative review is concluded. The State agency must maintain searchable records of funds recovery; 'activities.
If the State a2CrN.'y determines that a sponsoring organization or centers has spent more than fifteen (15) percent or its
meal reimbursement's for a budget year for administrative costs or more than any higher limit established pursuant to a
Waiver uranted under 7 CFR § 226.7t2)), the State auency must take appropriate fiscal aetion. In addition, except with
approval from the appropriate Regional Office othhe Food and Nutrition Service (FNSRO). State agencies shall consider
claims for reimbursement not payable A -hen an institution fails to comply with the recordkeepina requirements that pertain
to records directly supporting claims for reimbursement. Records that directly support claims for reimbursement include,
but arc not limited to, daily meal counts, menu records, and enrollment and attendance records, as required by 7 CFR §
226.15(e). State agencies shall assert over claims against any sponsoring organization of day care homes which
miselassities a day care home as a tier I day care home unless the misclassification is determined to be inadvertent under
nidance issued by FNS. Hoever, the State agency shall notify the institution of the reasons for any disallowance or
demand for repayment, and allow the institution full opportunity to submit evidence on appeal as provided for in 7 CFR
226.6(10. Ntinimum State agency collection procedures for unearned ptiyments shall include:
(I) Written demand to the institution for the return of improper payments; (2) it, alter thirty (30) calendar days, the
institution rails to remit full payment or agree to a satisfactory repayment schedule, a second written demand for the
return of improper payments sent by certified mail- return receipt requested; and (3) if, after sixty (60) calendar days, the
institution fails to remit full payment or agree to a satisfactory repayment schedule, the State auency shall refer the claim
against the institution to appropriate State or Federal authorities for pursuit of legal remedies,
(b) In the event that the State agency finds that an institution which prepares its own meals is failing to meet the meal
requirements of 7 CFR § 226.20, the State agency need not disallow payment or collect an overpayment arising out of
such failure if the institution takes such other action as, in the opinion of the State agency, will have a corrective effect.
However, the State au.ency shall not disregard any overpayments or waive collection action arising from the findings of
Federal audits.
(c,-;) If FNS does not concur with the State aaency's action in paving an institution or in failino. to collect an overpayment.
ENS shall notific the State agency of its intention to assert a claim a2ainst die State agency. In all such cases, the State
agency shall have full opportunity to submit evidence concerning the action taken. The State agency shall be liable to
FNS for failure to collect an overpayment, unless FNS determines that the State agency has conformed to this part in
issuing the payment and has exerted reasonable efforts to recover the improper payment.
[47 FR 36527, Aug. 20, 1982; 47 FR 46072, Oct. 15, 1982, as amended at 50 FR 8.580, Mar, 4, 1985; 53 FR 52590, Dec.
28. I 938; 62 FR 903, Jan. 7, 1997; 64 FR 72260, Dec, 27, 1999; 67 FR 43490, June 27, 2002; 69 FR 53544, Sept. I, 2004;
76 FR 34571, June l3, 2011]
Page 42 of 43
DEPAKt"1LEY"r (P:
ELDER
AFFAIRS
Contract
BACKGROUND SCREENING
Affidavit of Compliance - Employer
AUTHORITY: This form is required annually of all employers to comply with the at
requirements set forth in section 435.05(3). Florida Statutes.
T'he term "employer" means any person or entity required by I:aTv to conduct background screening,
including but not limited to, Area Agencies on Aging, Aging Resoua.e Centers, Aging and bis.tability
Resource Centers, Lead Agencies, Long:term Care Omhuds.naan Program, Serving Health Ins elute Need.
Of [IdeF' Piopom, SeriiCe Providers, Diversion Providers, and any other person or entity whit:h hires
employees or has vcrhanteers in service v isa meet the definition of is direct service provider. Sere §b
415,02.4.10.0402, Fla. Stat.
A direct service provider is "a pos asn 123 years of age ar tsvhrr, puNuant to a program to provide
seer>icr'^s to the elderly, has direct, face -to -(acne contact `.rich a client v.hile providing services to the client
and has access to the client's living area, fund;, personal property, or personal identificaten information
aS defined in 5, 817.563. The term includes coordinators, managers, and supervisor, of resklenli,al
facilities; and volunteers!' § 430.0402(1)(b), Fla. 5tnat.
ATT ESTATION:
As the duly authorised representative of
located at
Street Address
Errpioyer Name
City
State DP rode
do hereby af`irm under penalty of perjury
that the above named employer is in compliance with the pro ions of Chapter 435 and section
430.0402, Florida Statutes, regarding level 2 background screening.
Signature of Representative Data
STATE OF FLORIDA, COUNTY OF
Sworn to (or affirmed) and subscribed before me this day of 20 by
(Name of Representative) who is personally known
to me cr produced as proof of identification.
Notary Public
,.0E,a 255. A'`i,
li
Pale 43 of 43