Loading...
Backup Documents 03/26/2013 Item #16D 1ORIGINAL DOCUMENTS CHECKLIS,TA ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT4 D 1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Route to Addressees (List in routing order) Office Initials Date 1. Assistant Co ' Attorney Initial Applicable) 2. 3/26/13 Agenda Item Number 16 -D -1 3. Colleen M. Greene, ACA County Attorney Office CMG Type of Document 4. BCC Office Board of County Commissioners 6 3 0 -Z 5. Minutes and Records Clerk of Court's Office PO number or account PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees ahnve_ may need to contact staff for additional or missing information. Name of Primary Staff Colleen M. Greene Phone Number 252 -8400 Contact / Department Assistant Co ' Attorney Initial Applicable) Agenda Date Item was 3/26/13 Agenda Item Number 16 -D -1 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, CMG Type of Document Agreements — Z S Number of Original 6 3 0 Attached document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's CMG INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised,2,?8. ; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. document has been signed/initialed for legal sufficiency. (All documents to be CMG 1Original signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases (some contracts are an exception), the original d ument and this routing slip CMG should be provided to the County Attorney Office at the time a item is input into SIRE. Some documents are time sensitive and require forwarding t allahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 8. The document was approved by the BCC on 3/26/13 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised,2,?8. ; Revised 11/30/12 1601 MEMORANDUM Date: April 3, 2013 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Parks and Rec Agreement with the School Board to sponsor and operate the Summer Food Service Program in 2013 Attached for further processing are three (3) original copies of the agreement referenced above, (Item #16D1) approved by the Board of County Commissioners March 26, 2013. After the documents have been forwarded for signature and upon subsequent return, please furnish one of the executed original copies of the agreement to the Minutes & Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (3) 1601 Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness AGREEMENT TO FURNISH FOOD SERVICE ADAM H. PUTNAM FOR THE SUMMER FOOD SERVICE PROGRAM COMMISSIONER THIS AGREEMENT is made and entered into between Collier County School Board school and Collier County Sponsor WHEREAS the- Collier County School Board agrees to supply unitized meals schod (EE exclusive) of milk and juice to Collier Count Sponsor location sites listed on the attached form with and for the rates herein listed: Breakfast ....... $ 1.90 each Lunch .......... $ 3.33 each Snacks ........... $ each Supper ......... $ each It is further agreed that Collier County School Board , pursuant to the provisions of the school Summer Food Service Program regulations, attached copy of which is part of this agreement, will assure that said meals meet the minimum meal pattern requirements as to components and portion sizes, and will maintain full and accurate records that the Collier County will need to meet its responsibility including menu Sponsor records containing the amount of food prepared and daily number of meals delivered by type. These records must be reported to the Colli -r counly r promptly Sponsor at the end of the month. Collier County School Board agrees also to retain records Sc i required under the preceding clause for a period of 3 years from the date of receipt of final payment under this agreement (or longer, if an audit is in progress); and upon request, to make all accounts and records pertaining to the Program available to representatives of the U.S. Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. This agreement shall be effective as of June 1,2013 It may be terminated by notice in Date writing given by either party hereto to the other, at least 30 days prior to Oe date of termination. IN WITNESS WHEREOF, the parties hereto have e eciV lttl�s Igmement as of the dates indicated below: II I School Official Item # DACS -iILL'Q Dae�3`� Ils,_I� orgia A. Hiller, Esq. Chairwoman, Collier County Boards- of .County Commissioners Date Date SEE rm & legal sufficiency ATTEST 4'J. tiiti71ri DWIGHT E. BROOK' ..141414 A r� _"f\- as t0.�ilal n sane, 31uo1� By: Assistant County 3 16D1 Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness SUMMER FOOD SERVICE PROGRAM AGREEMENT ADAM H. PUTNAM COMMISSIONER AGREEMENT NO.: 04 -0804 SPONSOR: Collier County Parks and Recreation Dept This document constitutes the permanent agreement between the Sponsor and the Florida Department of Agriculture and Consumer Services (DACS) for the Summer Food Service Program (SFSP). INSTRUCTIONS: (1) AGREEMENT: Three originals of this Agreement must be signed in ink and submitted to the Florida DACS as part of the application process. (2) SPONSOR'S COPY: When this Agreement is approved, one original will be returned for the files of the Sponsor. No monies or other benefits may be paid out under this program unless this agreement is completed, approved, and filed as required by (7 CFR Parts 225, 3015, 3016, 3019, and 3052). GENERAL APPLICABLE TERMS AND CONDITIONS These general applicable terns and conditions are hereby incorporated into the Agreement between the Sponsor and the DACS. For purposes of this agreement, a public or private nonprofit school food authority, a public or private nonprofit residential summer camp, a unit of local, municipal, county, or state government, a public or private nonprofit college or university currently participating in the National Youth Sports Program, or a private nonprofit organization that develops a special summer or other school vacation program providing food service similar to that made available to children during the school year under the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and that is approved to participate in the f program. is referred to as the "Sponsor." A physical location at which a Sponsor provides a food service for children and at which children consume meals in a supervised setting is referred to as a "site." Offer Vs. Serve (OVS) refers to a particular type of meal service in which children may select components to make up a reimbursable meal rather than taking all components of a unitized meal. The Sponsor has agreed to participate in the SFSP and accepts responsibility for supervision and control over the program and final financial and administrative responsibility for the program. The Sponsor will: A. Operate a nonprofit food service from May through September for children on school vacation; at any time of the year, in the case of sponsors administering the program under a continuous school calendar system; or during the period of October through April, if it serves an area affected by a unanticipated school closure due to a natural disaster, major building repairs, court orders relating to school safety or other issues, labor- management disputes, or DACS -01715 01112 Page 1 of 10 1601 other similar cause as approved by the DACS. B. Submit an agreement to the DACS where sites are located in accordance with the Food and Nutrition Service (FNS) Instruction 794-5, Agreements with Entities Which Operate Interstate Schools and Facilities. C. The Sponsor may operate with DACS approval, meal service sites which are not identified as non - profit locations, if the sites meet all of the following criteria: 1. Sites must be operated under the sponsorship of an eligible public or private non -profit service instruction; 2. Sites must operate as open sites or restricted open sites; 3. Sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals; 4. Sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; 5. Sites must serve all meals at no charge; 6. Sites are not for - profit or for -profit camps; 7. Meals must only be distributed by the Sponsor's trained staff and volunteers and sponsor trained site staff serving as volunteers; and 8. The Sponsor must ensure no SFSP funds are provided to the for -profit site. D. Serve meals that meet the requirements and provisions during times designated as the meal service periods by the Sponsor and serve the same meals to all children. No permanent changes may be made in the serving time of any meal unless the changes are approved by the DACS. E. Serve meals without cost to all children, except that camps may charge for meals served to children who are not eligible for free or reduced -price school meals. F. Issue a free meal policy statement in accordance with 7 CFR 225.6 (c). G. Meet the training requirements for its administrative and site personnel, as required under 7 CFR 225: I. The Sponsor must receive DACS training annually. 2. The Sponsor must train all administrative staff and site staff before they undertake their responsibilities. 3. The Sponsor shall not allow a site to operate until personnel at the site have attended at least one of the Sponsor's trainings. 4. The Sponsor must document the attendance at site trainings and schedule additional sessions for those staff that are absent. 5. The Sponsor must record for each training session offered the training dates, names of attendees, and documentation of the topics covered. 6. The Sponsor will ensure that at least one person who has been trained by the Sponsor be present at each of the Sponsor's sites during the time of the meal service. 7. Training for administrative staff should cover the following topics: a. Purpose of the program b. Site eligibility c. Recordkeeping requirements DACS -01715 01/12 Page 2 of 10 1601 d. Organized site activity e. Meal requirements f Nondiscrimination compliance g. How meals will be delivered h. The delivery schedule (if applicable) i. What records are kept and what forms are used j. Monitor's responsibilities 8. Training for monitors should cover the following topics: a. Site for which they will be responsible b. Introduce themselves to site supervisors c. .Duties of authority d. Conducting site visit/reviews e. Monitoring schedule f. Reporting/recordkeeping procedures g. Follow -up procedures h. Office procedures i. Local sanitation and health laws j. Civil rights k. Reporting for ethnic /racial data 1. Considerations for personal safety, if necessary 9. Training for site staff should cover the following topics: a. Purpose of the program b, Site eligibility c. Necessity for accurate records d. Importance of organized activities at sites e. For sites obtaining meals from food service management companies /commercial meal vendors, school food authorities, or the Sponsor's central kitchen: i. Meal pattern requirements and types of meal service offered. (use planned menus) ii. Delivery schedules (exact times) iii. Adjustments in the delivery amount iv. Facilities available for storing meals v. Who to contact about problems (provide Sponsor's name and telephone number) vi. Approved level of meal service f. For sites where meals are prepared at the site: i. Meal pattern requirements ii. Inventory (use inventory forms) iii. Meal adjustments (use production records) iv. Meal preparation adjustments g. Explain recordkeeping requirements: i. Daily recordkeeping requirements ii. Delivery receipts (sample forms) iii. Seconds, leftovers, and spoiled meals iv. Daily labor — actual time spent on food service and time and attendance records v. Collection of daily record forms vi. Maintain copies of meal service forms h. Civil rights requirements (use Site Supervisor's Guide) DACS -01715 01112 Page 3 of 10 16D1 i. Explain other miscellaneous policy, such as: i. Problems with inclement weather and alternate service areas ii. Problems with unauthorized adults eating program meals iii. Problems with discipline iv. Review of equipment, facilities, and materials available for organized recreational activities v. Review of trash removal system vi. Corrective action vii. Nutrition education 10. The Sponsor will ensure that site personnel and monitors understand the importance of accurate point -of- service meal counts. Meals counts should represent only the number of meals actually served to children. Only complete meals served to eligible children can be claimed for reimbursement. Meals must be counted at the actual point of service. 11. If the Sponsor plans to implement OVS at sites under its Sponsorship, it must follow OVS guidelines as outlined in 7 CFR 225.16(f)(ii). OVS permits children to decline food; a certain number of menu items they do not intend to eat. The Sponsor must ensure that all sites' staff is adequately trained on the guidelines and procedures of OVS and that choosing OVS does not preclude the Sponsor from maintaining a nonprofit operation. 12. Sponsors not implementing the OVS provision will ensure that unitized meals are served to each eligible child at the point of service in order to be claimed for reimbursement. 13. The Sponsor will notify the public through a media release with the dates, locations, and serving times for each site serving meals. 14. The Sponsor will notify the local health department with the dates, locations, and times of trainings. H. In the storage, preparation and service of food, the Sponsor will maintain proper sanitation and health standards in conformance with all applicable state and local laws and regulations. I. The Sponsor will accept and use, in quantities that may be efficiently utilized in the SFSP, such foods as may be offered as a donation by the DACS. J. The Sponsor will have access to facilities necessary for storing, preparing, and serving food. K. The Sponsor will maintain a financial management system as prescribed by the DACS. L. The Sponsor. will maintain on file documentation of site visits and reviews in accordance with 7 CFR 225.15(d) (2) and (3). M. The Sponsor will conduct a preoperational visit for all new and problem sites before they begin operations. N. The Sponsor will conduct a site visit at all new sites and any site that experienced operational deficiencies during the previous summer at least once during the first week of operation to ensure that the food service is operating smoothly and that any apparent problems are immediately resolved. In cases where a site, whether new or returning, will operate for only one week, the site visit must be conducted in that week. O. The Sponsor will conduct a site review at all sites at least once during the first four weeks of program operations. The review requires the monitor to observe a complete meal service DACS -01715 01/12 Page 4 of 10 16D1 from beginning to end including delivery or preparation of meals, the meal service, and the clean up after meals. P. The Sponsor will ensure that if a site operates less than four weeks, the Sponsor must still conduct a review. Q. The Sponsor must continue monitoring throughout the duration of the program at a level sufficient to ensure that sites comply with program regulations. R. The Sponsor must take prompt action to correct problems at the sites found from previous reviews and inspections by the health department and document the corrections taken. S. The Sponsor must maintain children on site while meals are consumed. T. The Sponsor must retain financial and administrative responsibility for their SFSP. U. The Sponsor must submit to the DACS a copy of the letter notifying the local health department of its intention to provide a food service at specific times at planned sites. This must be provided to the DACS before program operation begins. V. The Sponsor will meet the civil rights requirements, as required under 7 CFR 225.7(g) and FNS Instruction 113 -1: 1. The Sponsor must inform potential participants of the availability of SFSP. 2. The Sponsor must display in a prominent place at the site and in the Sponsor's office the nondiscrimination poster developed by the United States Department of Agriculture (USDA) or approved by FNS. 3. The Sponsor must make reasonable efforts to provide information in the appropriate translation concerning the availability and nutritional benefits of the program. 4. The Sponsor must include the nondiscrimination statement and instructions for filing a complaint in the public release and in any program information directed to parents of participants and potential participants. 5. The Sponsor must ensure that meals are served to all attending children, regardless of their race, color, national origin, sex, age, or disability. 6. The Sponsor must ensure that all children have equal access to services and facilities at the site regardless of race, color, national origin, sex, age, or disability. 7. Each year, the Sponsor must determine the number of potentially eligible participants by ethnic /racial category for the area served. 8. Each year, the Sponsor must collect ethnic /racial category data for each site under the Sponsor's jurisdiction. Sponsors of residential camps must collect and maintain the information separately for each session of the camp. For all other sites, the Sponsor must count the participating children at least once during the site's operation. The Sponsor may use visual identification to determine a participant's ethnic /racial category. . 9. The Sponsor must use separate categories when collecting and reporting ethnicity and race. Ethnicity must be collected first. Respondents must be offered the option of selecting one or more racial designations. The minimum designations for collection are: a. Ethnicity: L Hispanic or Latino ii. Not Hispanic or Latino DACS -01715 01/12 Page 6 of 10 1601 b. Race: L American Indian or Alaskan Native ii. Asian iii. Black or African American iv. Native Hawaiian or Other Pacific Islander v. White W. The Sponsor may request advance payment for total program costs. The Sponsor's request must be separated into operating costs and administrative costs. Advance requests must be submitted at least 30 days before the payment date of June 1 or by the established DACS deadline. The DACS must receive certification that a Sponsor (except for school Sponsors) has held training sessions on program requirements for site and Sponsor personnel before release of the second month's operating advance to the Sponsor. X. The Sponsor must submit claims for reimbursement on the form and in accordance with procedures provided by the DACS. Y. The Sponsor must submit claims for reimbursement via the Internet in accordance with procedures established by the DACS. Claims for reimbursement not filed within 30 days following the month for which the claim is made may be disallowed. Any exception to this requirement will be made at the discretion of the USDA, FNS. A one -time exception for late claim submission may be made at the discretion of the DACS. Z. Reimbursements are based on the number of reimbursable meals served multiplied by the sum of the administrative and operational rates. Sponsors must maintain complete records to document all costs and meals they claim for reimbursement. Sponsors are not eligible for reimbursement unless they have signed an agreement with the DACS. AA. Camp reimbursements are based on the number of children served who are eligible for free or reduced -price meals according to the income guidelines for NSLP or SBP. With DACS approval, camps may claim reimbursement for serving up to three meals or two meals and one snack to eligible children each day. Sponsors of camps must maintain the documentation that demonstrates the free or reduced -price eligibility of the children they claim reimbursement for and must make it available for review by the DACS. Sponsors of camps may charge noneligible children a separate fee for meals. BB. Sponsors must document funds accruing to the Sponsor's program. Accruing funds will not be deducted from the Sponsor's reimbursement. Sources of funds considered program income include: 1. Cash donations specifically identified for use in the program. 2. Any federal, state, or local funds specifically provided to the program. CC. Sponsors must use reimbursement or funds that exceed the Sponsor's expenditures in a way that benefits SFSP services to children. The Sponsor should use funds remaining at the end of the program year as start -up funds or for improving SFSP services in the following year. DD. If the Sponsor will not participate in the SFSP the next year, funds may be used towards DACS -01715 01/12 Page 6 of 10 1601 the Sponsor's provision of other child nutrition programs. If the Sponsor does not provide any other program, the excess funds must be remitted to the DACS. Sponsors may not transfer excess funds to nonprogram operations or to increase salary or fringe benefit costs when the sole purpose of the increase is to reduce the food service program balance. EE.Unallowable costs are costs for which program funds may not be used. They include, but are not limited to: 1. The cost for excess meals ordered or prepared but not served to eligible children, i.e., meals in excess of legitimate program adult meals and reimbursement meals, unless specifically approved by the DACS. 2. Meals served in violation of program requirements, e.g., meals served outside of the approved serving time, meals or components consumed away from the site, and second meals in excess of the two percent tolerance. 3. Rental costs for periods beyond the close -out date for program operation. 4. Any other costs incurred that the DACS determine to be in violation of applicable laws or regulations. 5. The cost to purchase food (including coffee, etc.) for use outside of the SFSP. 6. The cost of meals served to administrative adult personnel or any other adults who are not part of the food service operation. 7. The cost of spoiled or damaged meals. 8. For vended Sponsors, the cost of meals delivered by a food service management company to an unapproved site or for meals not delivered within the agreed -upon delivery time, meals served in excess of the approved capacity, spoiled or unwholesome meals, or meals that do not meet meal requirements or quality standards. 9. Bad debts, which are any losses arising from noneollect'ble accounts and other claims and related costs. 10. Repayment of overclaims and other federal debts. 11. Contributions or donations including contingency reserves, USDA - donated commodities and other donated food, labor, and supplies. 12. Fines or penalties resulting from violations of or failure to comply with federal, state, or local laws and regulations. 13. Entertainment and fundraising costs. 14. Interest on loans, bond discounts, costs of financing and refinancing operations, and legal and professional fees paid in connection therewith. 15. Costs resulting from an under- recovery of costs under other grant agreements. 16. Direct capital expenditures or option to purchase rental costs for acquisition of land or any interest in land; acquisition or construction of buildings or facilities or the alteration of existing buildings or facilities; nonexpendable equipment of any kind; repairs that materially increase the value or useful life of buildings, facilities, or nonexpendable equipment; and other capital assets, including vehicles. FF. Sponsors, upon request, must make all accounts and records pertaining to the program available to state, federal, or other authorized officials for audit or administrative review at a reasonable time and place. The records shall be retained for a period of three years after the end of the fiscal year to which they pertain, unless audit or investigative findings have not been resolved, in which case the records shall be retained until all issues raised by the audit or investigation have been resolved. DACS -01715 01/12 Page 7 of 10 1601 1. A review at the Sponsor level should involve a review of how the claim for reimbursement is assembled and a review of the records maintained by the Sponsor. Regardless of the specific administrative review procedures, all Sponsors must make their records available for review by the DACS and must implement all corrective actions recommended by the DACS. The results of an administrative review may affect the amount of reimbursement a Sponsor will receive. 2. Violations of program requirements may result in withholding or recovery of reimbursements, temporary suspension, or termination and exclusion from future program participation. 3. When the DACS finds violations during a site review, it will require the Sponsor to correct the problems found. If the DACS finds a high level of meal service violations at a site, it will immediately require the Sponsor to follow a specific corrective action plan. The DACS will initiate a follow -up system to ensure that Sponsors take the specific action (as outlined in the plan) for convecting site violations. 4. Failure to submit an acceptable corrective action plan may affect your future participation in the program. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FFATA REQUIREMENTS. Congress passed the FFATA in 2005 with the objective to promote open government by enhancing the federal government's accountability for its stewardship of public resources. This will be accomplished by making government information — particularly information on federal spending-accessible to the general public. Such information will be displayed in a single, searchable database entitled USAspending.gov. While USAspending.gov will be populated from existing federal government databases to the maximum extent possible, some of the required information can be developed only by establishing additional reporting requirements. This includes certain information on federal assistance programs. Under FFATA, the DACS is required to include additional requirements in the terms and conditions of its grants to first -tier subgrantees. As a primary grantee, the DACS must report certain information on itself and on federal financial assistance provided to first -tier subgrantees. The Sponsor must obtain a Dun and Bradstreet Data Universal Numbering System number, register with the federal government's Central Contractor Registration System, and take other specified actions. AUDITS AUDIT REQUIREMENTS. The DACS provides federal financial assistance to a variety of entities that must comply with all federal and state audit requirements including: the Single Audit Act of 1984, as amended, (31 U.S.C. 7501 et. seq.); Office of Management and Budget (OMB) Circular A -133; Catalog of Federal Domestic Assistance (CFDA); Audits of State, Local Governmental Units, and Non - Profit Organizations, as amended; and any other applicable law or regulation and any amendment to such other applicable law or regulation that may be enacted or promulgated by the federal government. If the Sponsor is a local government or nonprofit organization and expends total federal awards of $500,000 or more during its fiscal year, received either directly from the federal government or indirectly from a recipient of federal funds, the Sponsor shall have an audit made in accordance with the provisions of OMB Circular DACS -01715 01/12 Page 8 of 10 boi A -133. If the nonprofit Sponsor expends less than $500,000 of federal financial assistance during its fiscal year, the Sponsor is exempt from these audit requirements but is required to maintain records of federal financial assistance and to provide access to such records by federal and state agencies or their designees. If the Sponsor is a nonprofit institution not subject to the provisions of the OMB Circular A -133, or is a for - profit organization, the Sponsor shall be subject to the audit requirements of the laws and regulations governing the program(s) in which it participates. PERIOD SUBJECT TO AUDIT AND AUDIT FREQUENCY. A single audit or program - specific audit made in accordance with OMB Circular A- 133 shall encompass the fiscal period of the Sponsor and shall be performed on an annual basis. SUBNIISSION OF AUDIT REPORT TO THE STATE. If a single audit, organization -wide, or a program - specific audit is made in accordance with the provisions of OMB Circular A -133, the Sponsor must submit the audit report within 30 days after the audit has been issued. The audit shall be completed and the report submitted no later than nine months after the end of the Sponsor's fiscal year. The Sponsor shall submit three copies of the audit report to: Division of Food, Nutrition and Wellness Department of Agriculture and Consumer Services 600 S. Calhoun Street, Suite 120 Tallahassee, Florida 32399 All auditees shall submit a copy of the audit report to the Federal Auditing Clearinghouse in accordance with OMB Circular A -] 33, Section 320(d). The address for the currently designated clearinghouse is: Financial Standards and Reporting Branch Office of Federal Financial Management Office of Management and Budget Washington, D.C. 20503 Phone — (202) 345 -3993 GENERAL AUDIT PROVISIONS. The Sponsor is responsible for obtaining the necessary audit in accordance with audit requirements of OMB Circular A -133. The DACS reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by the DACS or federal agencies. Any such additional audit work will rely on work already performed by the Sponsor's auditor and the costs for any additional work performed by the federal or DACS will be borne by those agencies at no additional expense to the Sponsor. Audit working papers and audit reports shall be ictained by the Sponsor's auditor for a minimum of three years from the date of the audit report, unless the Sponsor's auditor is notified in writing by the DACS or the appropriate federal agency to extend the retention period. Audit working papers shall be made available upon request to authorized representatives of the DACS, the federal agency, or the General Accounting Office. DACS-01715 01/12 Page 9 of 10 CFDA reporting numbers are as follows: Program I Federal Code CFDA FSP NSLA (42 USC 1751-69h 7 C-Pu 775 i In cco SIGNA ON BEHALF OF SPONSOR: I certify, as a Sponsor of the SFSP, that our pro (s) I o rat ccording to our current Application/Site Information and Agreement. b SIGN F ADMINISTRATOR DATE ATTI -4T;- Georgia A. Hiller, Esq. p? SlROi KCI6rk PRINT NAME- Collier County Board of County Commissioners NAME OF SPONSORING AGENCY /SPONSOR OFFICIAL USE ONLY Florida Department of Agriculture and Consumer Services APPROVED BY: DATE: Mike Gresham, Director of Administration For agreement inquiries, contact: Program Administrator Division of Food, Nutrition and Wellness Florida Department of Agriculture and Consumer Services 600 S. Calhoun Street, Suite 120 Tallahassee, Florida 32399 Y._ jr A .1t a%,,, signafuc��t1�1•:: 4:499; ncy DACS -01715 01/12 Page 10 of 10 (o f 3 Assistant County Attorney 16U1 Ann P. Jenneiohn From: BetancurNatali <NataliBetancur @colliergov.net> Sent: Friday, May 17, 2013 4:08 PM To: Ann P. Jennejohn Subject: RE: Summer Food Service Program Agreement (Item #16D1 3- 26 -13) Attachments: FW: Summer Food Program Agreement - please call Natali Betancur x4059; FW: 04 -0804 Collier Co. Parks and Rec.: SFSP Agreement gui 1� No problem ... let me explain. There are two separate agreements. One is between us and the School Board and the other is between us and the FDA. The agreement with the School Board has all signatures and it's good to go. The agreement with FDA, they will not be signing because according to them the one they signed last year will be good for every year until something changes or the program is cancelled. I have attached a -mails that will help clarify and will provide back -up documentation shall anyone else have questions. Thank you, ►. From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, May 17, 2013 3:43 PM To: BetancurNatali Subject: Summer Food Service Program Agreement (Item #16D1 3- 26 -13) Hi Natoli, When you stopped by our office earlier I should've looked at what you were dropping off a little more closely (my fault). Anyway, I've attached the last page of that Summer Food Service Program Agreement and my question is; doesn't Mr. Gresham with the FDA need to sign this also? Can you fill me in on what I'm missing? Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 160t A Ann P. Jennejohn From: KlatzkowJeff <Jeff Klatzkow@colliergov.net> Sent: Friday, May 17, 2013 10:37 AM To: Betancur, Natali Cc: Greene, Colleen Subject: FW: Summer Food Program Agreement - please call Natali Betancur x4059 As discussed, not sure why they wouldn't sign it. My primary concern is our not getting reimbursed. I would ask that they send us written confirmation as to this position. When you receive it, please forward to me. If they refuse, please let me know. Jeffrey A. Klatzkow County Attorney (239) 252-2614 From: AlthouseTammy Sent: Friday, May 17, 2013 9:32 AM To: Klatzkow3eff Subject: Summer Food Program Agreement - please call Natali Betancur x4059 She has a question regarding the agreement with the Deparfment of Agriculture. They say they do not need to sign the agreement but the one she has from last year is signed. Can they begin the program without the signature from the Department • Agriculture? Law, e rvaP addresses afi3 OU"NIC nacoids, if m dG, iICt vant VOU.r e mail a,,ddress re'eased in respons to a m1blic re,--,,rds requ�,�st, Co not send v, n!sii,ad, oantact this office by telephone or in vvhting 1601 SFSP Thursday Update 3 -15 -2012 Good Morning and Happy Thursday! Quick Tips 2012 and Reminders: • Attached is the 2012 quick tips sheet for your use. • Please include your agreement number in correspondence. • Outreach materials: Complete and send the Outreach Form ( #01818) located in "Download Forms" in the CNP system. • Use the new 2012 Summer Food Service Program (SFSP) Department of Agriculture and Consumer Services Food, Nutrition and Wellness (FNW) forms from "Download Forms" in the CNP system to prevent delays in your sponsorship's approval process. • Notify your program representative (PR) of any days the site will not operate so the PR will count the same number of days for question #17 on the site application. • Menus (except school districts and sponsors vending with school districts) must be submitted as soon as possible to avoid delays in approval. • If you are requesting a June advance, all required paperwork, including a menu and the online application packet, must be received by May 2, 2012. All required documents and the online application packet must be error -free before they can be approved. • If you are not requesting a June advance, all required paperwork, including a menu and the online application packet, is due on May 14, 2012. All required documents and the online application packet must be error -free before they can be approved. Site Visits: A sponsor is required to conduct a site visit during the first week of operation for new sites and sites that had deficiencies in the previous summer. The United States Department of Agriculture (USDA) states that it is reasonable that all first -week visits occur within seven calendar days from the site's first day of operation. 1601 " 2012 Nutrition Guide Book: We informed USDA that the 2012 nutrition guide book appears to be missing pages. It jumps from page 116 to page 124. USDA looked into it and informed us that there is no missing content; however, the page numbers are incorrect. Page 122 should be 117, etc. They should be issuing a new guide book. Department of Health Letters: Attached is the contact information for the local Health Departments. There is a generic address for locations that have experienced staff changes. Make sure your sponsorship's Health Department Letter is sent to the correct address. SFSP Menus: School districts are now exempt from the menu approval requirement. All other sponsors may now submit menus to FNW for approval. Reminder: Sponsors must have their menus approved prior to going out for bid. Approved Food Service Management Companies and Caterers: Attached is the list of food service management companies and caterers that are authorized with the Florida Department of Agriculture and Consumer Services for the National School Lunch Program and the SFSP. SFSP Outreach Toolkit: The USDA SFSP Outreach Toolkit will help sponsors and sites create outreach materials such as fliers, letters to parents and press releases that will help the community learn about the program. Many of the materials included on the website listed below are designed to be customized. You can download PowerPoint files, information sheets, letters and marketing materials and modify them to suit your specific needs. Please click on the link to access the SFSP Outreach Toolkit. Toolkit: http: / /www.summerfood.usda.gov /library /toolkit.pdf Website: http: / /www.summerfood.usda.gov/ Have a great weekend! State Directors Child Nutrition Programs All States The Healthy, Hunger -Free Kids Act of 2010 (the Act), Public Law 111 -296, was signed into law by the President on December 13, 2010. The Act modifies requirements for permanent agreements in the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP). The purpose of this memorandum is to implement these modifications to the SFSP and CACFP. Section 321 of the Act amends section 13(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)) to require permanent operating agreements between the State agency and SFSP sponsors. Previously, under 7 CFR 225.6(e), permanent agreements were required only for school food authority (SFA) sponsors. In February 2007, FNS memo SFSP 03 -2007 granted State agencies the authority to extend permanent agreements to any SFSP sponsor. Section 331(a) of the Act amends section 17(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) to require permanent operating agreements between the State agency and institutions participating in the CACFP. Previously, under 7 CFR 226.6(b)(4), permanent agreements were required for SFA sponsors and were optional and granted solely at the discretion of the State for other sponsors. It is important to understand that describing the agreement as "permanent" is intended solely to convey that the agreement has no predetermined expiration date and does not need to be renewed. Such agreements may be amended as necessary to ensure compliance with all federal requirements. Such agreements may be terminated for convenience, in accordance with Program regulations, by the institution or State agency that is a party to the permanent agreement. Permanent agreements shall be terminated for cause by the State agency if the institution fails to adhere to program requirements. AN EQUAL OPPORTUNITY EMPLOYER 16-01 USDA United States Department of DATE: January 14, 2011 Agriculture Food and MEMO CODE: CACFP 07 -2011, SFSP 03 -2011 Nutrition Service SUBJECT: Child Nutrition Reauthorization 2010: Permanent Agreements in the Summer Food Service Program and 3101 Park Center Drive the Child and Adult Care Food Program Alexandria, VA 22302 -1500 TO: Regional Directors Special Nutrition Programs All Regions State Directors Child Nutrition Programs All States The Healthy, Hunger -Free Kids Act of 2010 (the Act), Public Law 111 -296, was signed into law by the President on December 13, 2010. The Act modifies requirements for permanent agreements in the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP). The purpose of this memorandum is to implement these modifications to the SFSP and CACFP. Section 321 of the Act amends section 13(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)) to require permanent operating agreements between the State agency and SFSP sponsors. Previously, under 7 CFR 225.6(e), permanent agreements were required only for school food authority (SFA) sponsors. In February 2007, FNS memo SFSP 03 -2007 granted State agencies the authority to extend permanent agreements to any SFSP sponsor. Section 331(a) of the Act amends section 17(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) to require permanent operating agreements between the State agency and institutions participating in the CACFP. Previously, under 7 CFR 226.6(b)(4), permanent agreements were required for SFA sponsors and were optional and granted solely at the discretion of the State for other sponsors. It is important to understand that describing the agreement as "permanent" is intended solely to convey that the agreement has no predetermined expiration date and does not need to be renewed. Such agreements may be amended as necessary to ensure compliance with all federal requirements. Such agreements may be terminated for convenience, in accordance with Program regulations, by the institution or State agency that is a party to the permanent agreement. Permanent agreements shall be terminated for cause by the State agency if the institution fails to adhere to program requirements. AN EQUAL OPPORTUNITY EMPLOYER 16D1 1 Regional Directors State Directors Page 2 The provisions requiring permanent agreements for the SFSP and CACFP are retroactive to October 1, 2010. Therefore, all new SFSP agreements between State agencies and sponsors and new CACFP agreements between State agencies and institutions entered into on or after October 1, 2010, must be permanent. Additionally, all current annual agreements must be converted to permanent agreements as soon as possible. State agencies may simply notify institutions that existing agreements are now permanent and will not need to be renewed or may issue new permanent agreements. Please note that section 321 of the Act makes clear that SFSP sponsors now operating under a permanent agreement must submit an annual budget for administrative costs that must be approved by the State agency. Institutions that participate in the CACFP must continue to submit budgets as required under 7 CFR 226.7(g). Additional provisions in sections 331(b) and (c) of the Act relating to CACFP applications, reviews, and agreements between sponsors and facilities will be addressed in future guidance. State agencies should direct any questions concerning this guidance to the appropriate FNS Regional Office. Regional Offices with questions should contact the Child Nutrition Division. Cynthia Long Director Child Nutrition Division CCPS Contract 13- 2345 Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness AGREEMENT TO FURNISH FOOD SERVICE ADAM H. PUTNAM FOR THE SUMMER FOOD SERVICE PROGRAM COMMISSIONER THIS AGREEMENT is made and .entered into between Collier County School Board khwl and Col HeI r County sponsor WHEREAS the Collier County School Board _ agrees to supply unitized meals school mclusiv exclusive) of milk and juice to Collier County.' Sponsor location sites listed on the attached form with and for the rates herein listed: Breakfast ....... $ 1.90 each Lunch .......... $.3.33 each Snacks ........... $ each Supper ......... $ each It is further agreed that Collier County School Board , pursuant to the provisions of the school Summer Food Service Program regulations, attached copy of which is part of this agreement, will assure that said meals meet the minimum meal pattern requirements as to components and portion sizes, and will maintain full and accurate records that the Collier County will need to meet its responsibility including menu sponsor records containing the amount of food prepared and daily number of meals delivered by type. These records must be reported to the Collier County promptly sponsor at the end of the month. Collier County School Board agrees also to retain records School required under the preceding clause for a period of 3 years from the date of receipt of final payment under this agreement (or longer, if an audit is in progress); and upon request, to make all accounts and records pertaining to the Program available to representatives of the U.S. Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. This agreement shall be effective as of June 1, 2013 It may be terminated by notice in Date writing given by either party hereto to the other, at least 30 days prior to�e date of termination. IN WITNESS WHEREOF, the parties hereto have ind ed bel ft.. Pod Sch of Official Title Date as of the dates 1601 Spohsoi- Georgia A. Hiller, Esq. Chairwoman, Collier County Board of County Commissioners Title Date 3 mk- � _ Aeproved ep �o form & 19py sufficiency ATTEST DWIGHT E. 8F34CK;. GIe Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness SUMMER FOOD SERVICE PROGRAM AGREEMENT ADAM H. PUTNAM COMMISSIONER 16D1 AGREEMENT NO.: 04 -0804 SPONSOR: Collier County Parks and Recreation Dept This document constitutes the permanent agreement between the Sponsor and the Florida Department of Agriculture and Consumer Services (DACS) for the Summer Food Service Program (SFSP). INSTRUCTIONS: (l) AGREEMENT: Three originals of this Agreement must be signed in ink and submitted to the Florida DACS as part of the application process, (2) SPONSOR'S COPY: When this Agreement is approved, one original will be returned for the files of the Sponsor. No monies or other benefits may be paid out under this program unless this agreement is completed, approved, and filed as required by (7 CFR Parts 225, 3015, 3016, 3019, and 3052). GENERAL APPLICABLE TERMS AND CONDITIONS These general applicable terms and conditions are hereby incorporated into the Agreement between the Sponsor and the DACS. For purposes of this agreement, a public or private nonprofit school food authority, a public or private nonprofit residential summer camp, a unit of local, municipal, county, or state government, a public or private nonprofit college or university currently participating in the National Youth Sports Program, or a private nonprofit organization that develops a special summer or other school vacation program providing food service similar to that made available to children during the school year under the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and that is approved to participate in the program is referred to as the "Sponsor." A physical location at which a Sponsor provides a food service for children and at which children consume meals in a supervised setting is referred to as a "site." Offer Vs. Serve (OVS) refers to a particular type of meal service in which children may select components to make up a reimbursable meal rather than taking all components of a unitized meal. The Sponsor has agreed to participate in the SFSP and accepts responsibility for supervision and control over the program and final financial and administrative responsibility for the program. The Sponsor will: A. Operate a nonprofit food service from May through September for children on school vacation; at any time of the year, in the case of sponsors administering the program under a continuous school calendar system; or during the period of October through April, if it serves an area affected by a unanticipated school closure due to a natural disaster, major building repairs, court orders relating to school safety or other issues, labor- management disputes, or DACS -01715 01/12 Page 1 of 10 1601 other similar cause as approved by the DACS. B. Submit an agreement to the DACS where sites are located in accordance with the Food and Nutrition Service (FNS) Instruction 794-5, Agreements with Entities Which Operate Interstate Schools and Facilities. C. The Sponsor may operate with DACS approval, meal service sites which are not identified as non -profit locations, if the sites meet all of the following criteria: 1. Sites must be operated under the sponsorship of an eligible public or private non - profit service instruction; 2. Sites must operate as open sites or restricted open sites; 3. Sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals; 4. Sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; 5. Sites must serve all meals at no charge; 6. Sites are not for -profit or for - profit camps; 7. Meals must only be distributed by the Sponsor's trained staff and volunteers and sponsor trained site staff serving as volunteers; and 8. The Sponsor must ensure no SFSP funds are provided to the for -profit site. D. Serve meals that meet the requirements and provisions during times designated as the meal service periods by the Sponsor and serve the same meals to all children. No permanent changes may be made in the serving time of any meal unless the changes are approved by the DACS. E. Serve meals without cost to all children, except that camps may charge for meals served to children who are not eligible for free or reduced -price school meals. F. Issue a free meal policy statement in accordance with 7 CFR 225.6 ( c). G. Meet the training requirements for its administrative and site personnel, as required under 7 CFR 225: 1. The Sponsor must receive DACS training annually. 2. The Sponsor must train all administrative staff and site staff before they undertake their responsibilities. 3. The Sponsor shall not allow a site to operate until personnel at the site have attended at least one of the Sponsor's trainings. 4. The Sponsor must document the attendance at site trainings and schedule additional sessions for those staff that are absent. 5. The Sponsor must record for each training session offered the training dates, names of attendees, and documentation of the topics covered. 6. The Sponsor will ensure that at least one person who has been trained by the Sponsor be present at each of the Sponsor's sites during the time of the meal service. 7. Training for administrative staff should cover the following topics: a. Purpose of the program b. Site eligibility c. Recordkeeping requirements DACS -01715 01112 Page 2 of 10 16D1 d. Organized site activity e. Meal requirements f. Nondiscrimination compliance g. How meals will be delivered h. The delivery schedule (if applicable) i, What records are kept and what forms are used j. Monitor's responsibilities 8. Training for monitors should cover the following topics: a. Site for which they will be responsible b. Introduce themselves to site supervisors c. Duties of authority d. Conducting site visit/reviews e. Monitoring schedule f. Reporting/recordkeeping procedures g. Follow -up procedures h. Office procedures i. Local sanitation and health laws j. Civil rights k. Reporting for ethnic /racial data 1. Considerations for personal safety, if necessary 9. Training for site staff should cover the following topics: a. Purpose of the program b. Site eligibility c. Necessity for accurate records d. Importance of organized activities at sites e. For sites obtaining meals from food service management companies/commercial meal vendors, school food authorities, or the Sponsor's central kitchen: i. Meal pattern requirements and types of meal service offered (use planned menus) ii. Delivery schedules (exact times) iii. Adjustments in the delivery amount iv. Facilities available for storing meals v. Who to contact about problems (provide Sponsor's name and telephone number) vi. Approved level of meal service f. For sites where meals are prepared at the site: i. Meal pattern requirements ii. Inventory (use inventory forms) iii. Meal adjustments (use production records) iv. Meal preparation adjustments g. Explain recordkeeping requirements: i. Daily recordkeeping requirements ii. Delivery receipts (sample forms) iii. Seconds, leftovers, and spoiled meals iv. Daily labor — actual time spent on food service and time and attendance records v. Collection of daily record forms vi. Maintain copies of meal service forms h. Civil rights requirements (use Site Supervisor's Guide) DACS -01715 01/12 Page 3 of 10 16D1 L Explain other miscellaneous policy, such as: i. Problems with inclement weather and alternate service areas ii. Problems with unauthorized adults eating program meals iii. Problems with discipline iv. Review of equipment, facilities, and materials available for organized recreational activities v. Review of trash removal system vi. Corrective action vii. Nutrition education 10. The Sponsor will ensure that site personnel and monitors understand the importance of accurate point -of- service meal counts. Meals counts should represent only the number of meals actually served to children. Only complete meals served to eligible children can be claimed for reimbursement. Meals must be counted at the actual point of service. 11. If the Sponsor plans to implement OVS at sites under its Sponsorship, it must follow OVS guidelines as outlined in 7 CFR 225.16(f)(ii). OVS permits children to decline food; a certain number of menu items they do not intend to eat. The Sponsor must ensure that all sites' staff is adequately trained on the guidelines and procedures of OVS and that choosing OVS does not preclude the Sponsor from maintaining a nonprofit operation. 12. Sponsors not implementing the OVS provision will ensure that unitized meals are served to each eligible child at the point of service in order to be claimed for reimbursement. 13. The Sponsor will notify the public through a media release with the dates, locations, and serving times for each site serving meals. 14. The Sponsor will notify the local health department with the dates, locations, and times of trainings. H. in the storage, preparation and service of food, the Sponsor will maintain proper sanitation and health standards in conformance with all applicable state and local laws and regulations. I. The Sponsor will accept and use, in quantities that may be efficiently utilized in the SFSP, such foods as may be offered as a donation by the DACS. J. The Sponsor will have access to facilities necessary for storing, preparing, and serving food. K. The Sponsor will maintain a financial management system as prescribed by the .DACS. L. The Sponsor will maintain on file documentation of site visits and reviews in accordance with 7 CFR 225.15(d) (2) and (3). M. The Sponsor will conduct a preoperational visit for all new and problem sites before they begin operations. N. The Sponsor will conduct a site visit at all new sites and any site that experienced operational deficiencies during the previous summer at least once during the first week of operation to ensure that the food service is operating smoothly and that any apparent problems are immediately resolved. In cases where a site, whether new or returning, will operate for only one week, the site visit must be conducted in that week. O. The Sponsor will conduct a site review at all sites at least once during the first four weeks of program operations. The review requires the monitor to observe a complete meal service DACS -01715 01112 Page 4 of 10 16D1 from beginning to end including delivery or preparation of meals, the meal service, and the clean up after meals. P. The Sponsor will ensure that if a site operates less than four weeks, the Sponsor must still conduct a review. Q. The Sponsor must continue monitoring throughout the duration of the program at a level sufficient to ensure that sites comply with program regulations. R. The Sponsor must take prompt action to correct problems at the sites found from previous reviews and inspections by the health department and document the corrections taken. S. The Sponsor must maintain children on site while meals are consumed. T. The Sponsor must retain financial and administrative responsibility for their SFSP. U. The Sponsor must submit to the DACS a copy of the letter notifying the local health department of its intention to provide a food service at specific times at planned sites. This must be provided to the DACS before program operation begins. V. The Sponsor will meet the civil rights requirements, as required under 7 CFR 225.7(g) and FNS Instruction 113 -1: 1. The Sponsor must inform potential participants of the availability of SFSP. 2. The Sponsor must display in a prominent place at the site and in the Sponsor's office the nondiscrimination poster developed by the United States Department of Agriculture (USDA) or approved by FNS. 3. The Sponsor must make reasonable efforts to provide information in the appropriate translation concerning the availability and nutritional benefits of the program. 4. The Sponsor must include the nondiscrimination statement and instructions for filing a complaint in the public release and in any program information directed to parents of participants and potential participants. 5. The Sponsor must ensure that meals are served to all attending children, regardless of their race, color, national origin, sex, age, or disability. 6. The Sponsor must ensure that all children have equal access to services and facilities at the site regardless of race, color, national origin, sex, age, or disability. 7. Each year, the Sponsor must determine the number of potentially eligible participants by ethnic /racial category for the area served. 8. Each year, the Sponsor must collect ethnic /racial category data for each site under the Sponsor's jurisdiction. Sponsors of residential camps must collect and maintain the information separately for each session of the camp. For all other sites, the Sponsor must count the participating children at least once during the site's operation. The Sponsor may use visual identification to determine a participant's ethnic /racial category. 9. The Sponsor must use separate categories when collecting and reporting ethnicity and race. Ethnicity must be collected first. Respondents must be offered the option of selecting one or more racial designations. The minimum designations for collection are: a. Ethnicity: i. Hispanic or Latino ii. Not Hispanic or Latino DACS-01715 01112 Page 6 of 10 b. Race: L ii. iv. V. American .Indian or Alaskan Native Asian Black or African American Native Hawaiian or Other Pacific Islander White 16D1 W. The Sponsor may request advance payment for total program costs. The Sponsor's request must be separated into operating costs and administrative costs. Advance requests must be submitted at least 30 days before the payment date of June 1 or by the established DACS deadline. The DACS must receive certification that a Sponsor (except for school Sponsors) has held training sessions on program requirements for site and Sponsor personnel before release of the second month's operating advance to the Sponsor. X. The Sponsor must submit claims for reimbursement on the form and in accordance with procedures provided by the DACS. Y. The Sponsor must submit claims for reimbursement via the Internet in accordance with procedures established by the DACS. Claims for reimbursement not filed within 30 days following the month for which the claim is made may be disallowed. Any exception to this requirement will be made at the discretion of the USDA, FNS. A one -time exception for late claim submission may be made at the discretion of the DACS. Z. Reimbursements are based on the number of reimbursable meals served multiplied by the sum of the administrative and operational rates. Sponsors must maintain complete records to document all costs and meals they claim for reimbursement. Sponsors are not eligible for reimbursement unless they have signed an agreement with the DACS. AA. Camp reimbursements are based on the number of children served who are eligible for free or reduced -price meals according to the income guidelines for NSLP or SBP. With DACS approval, camps may claim reimbursement for serving up to three meals or two meals and one snack to eligible children each day. Sponsors of camps must maintain the documentation that demonstrates the free or reduced -price eligibility of the children they claim reimbursement for and must make it available for review by the DACS. Sponsors of camps may charge noneligible children a separate fee for meals. BB. Sponsors must document funds accruing to the Sponsor's program. Accruing funds will not be deducted from the Sponsor's reimbursement. Sources of funds considered program income include: 1. Cash donations specifically identified for use in the program. 2. Any federal, state, or local funds specifically provided to the program. CC. Sponsors must use reimbursement or funds that exceed the Sponsor's expenditures in a way that benefits SFSP services to children. The Sponsor should use funds remaining at the end of the program year as start -up funds or for improving SFSP services in the following year. DD. If the Sponsor will not participate in the SFSP the next year, funds may be used towards DACS -01715 01/12 Page 6 of 10 16D1 the Sponsor's provision of other child nutrition programs. If the Sponsor does not provide any other program, the excess funds must be remitted to the DACS. Sponsors may not transfer excess funds to nonprogram operations or to increase salary or fringe benefit costs when the sole purpose of the increase is to reduce the food service program balance. EE.Unallowable costs are costs for which program funds may not be used. They include, but are not limited to: 1. The cost for excess meals ordered or prepared but not served to eligible children, i.e., meals in excess of legitimate program adult meals and reimbursement meals, unless specifically approved by the DACS. 2. Meals served in violation of program requirements, e.g., meals served outside of the approved serving time, meals or components consumed away from the site, and second meals in excess of the two percent tolerance. 3. Rental costs for periods beyond the close- out date for program operation. 4. Any other costs incurred that the DACS determine to be in violation of applicable laws or regulations. 5. The cost to purchase food (including coffee, etc.) for use outside of the SFSP. 6. The cost of meals served to administrative adult personnel or any other adults who are not part of the food service operation. 7. The cost of spoiled or damaged meals. 8.. For vended Sponsors, the cost of meals delivered by a food service management company to an unapproved site or for meals not delivered within the agreed -upon delivery time, meals served in excess of the approved capacity, spoiled or unwholesome meals, or meals that do not meet meal requirements or quality standards. 9. Bad debts, which are any losses arising from noncollectible accounts and other claims and related costs. 10. Repayment of overclaims and other federal debts. 11. Contributions or donations including contingency reserves, USDA - donated commodities and other donated food, labor, and supplies. 12. Fines or penalties resulting from violations of or failure to comply with federal, state, or local laws and regulations. 13. Entertainment and fundraising costs. 14. Interest on loans, bond discounts, costs of financing and refinancing operations, and legal and professional fees paid in connection therewith. 15. Costs resulting from an under- recovery of costs under other grant agreements. 16. Direct capital expenditures or option to purchase rental costs for acquisition of land or any interest in land; acquisition or construction of buildings or facilities or the alteration of existing buildings or facilities; nonexpendable equipment of any kind; repairs that materially increase the value or useful life of buildings, facilities, or nonexpendable equipment; and other capital assets, including vehicles. FF. Sponsors, upon request, must make all accounts and records pertaining to the program available to state, federal, or other authorized officials for audit or administrative review at a reasonable time and place. The records shall be retained for a period of three years after the end of the fiscal year to which they pertain, unless audit or investigative findings have not been resolved, in which case the records shall be retained until all issues raised by the audit or investigation have been resolved. DACS -01715 01112 Page 7 of 10 1. A review at the Sponsor level should involve a review of how the claim for reimbursement is assembled and a review of the records maintained by the Sponsor. Regardless of the specific administrative review procedures, all Sponsors must make their records available for review by the DACS and must implement all corrective actions recommended by the DACS. The results of an administrative review may affect the amount of reimbursement a Sponsor will receive. 2. Violations of program requirements may result in withholding or recovery of reimbursements, temporary suspension, or termination and exclusion from future program participation. 3. When the DACS finds violations during a site review, it will require the Sponsor to correct the problems found. If the DACS finds a high level of meal service violations at a site, it will immediately require the Sponsor to follow a specific corrective action plan. The DACS will initiate a follow -up system to ensure that Sponsors take the specific action (as outlined in the plan) for correcting site violations. 4. Failure to submit an acceptable corrective action plan may affect your future participation in the program. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FFATA REQUIREMENTS. Congress passed the FFATA in 2006 with the objective to promote open government by enhancing the federal government's accountability for its stewardship of public resources. This will be accomplished by making government information -- particularly information on federal spending — accessible to the general public. Such information will be displayed in a single, searchable database entitled USAspending.gov. While USAspending.gov will be populated from existing federal government databases to the maximum extent possible, some of the required information can be developed only by establishing additional reporting requirements. This includes certain information on federal assistance programs. Under FFATA, the DACS is required to include additional requirements in the terms and conditions of its grants to first -tier subgrantees. As a primary grantee, the DACS must report certain information on itself and on federal financial assistance provided to first -tier subgrantees. The Sponsor must obtain a Dun and Bradstreet Data Universal Numbering System number, register with the federal government's Central Contractor Registration System, and take other specified actions. AUDITS AUDIT REQUIREMENTS. The DACS provides federal financial assistance to a variety of entities that must comply with all federal and state audit requirements including: the Single Audit Act of 1984, as amended, (31 U.S.C. 7501 et. seq.); Office of Management and Budget (OMB) Circular A -133; Catalog of Federal Domestic Assistance (CFDA); Audits of State, Local Governmental Units, and Non -Profit Organizations, as amended; and any other applicable law or regulation and any amendment to such other applicable law or regulation that may be enacted or promulgated by the federal government. If the Sponsor is a local government or nonprofit organization and expends total federal awards of $500,000 or more during its fiscal year, received either directly from the federal government or indirectly from a recipient of federal funds, the Sponsor shall have an audit made in accordance with the provisions of OMB Circular DACS -01715 01/12 Page 8 of 10 A -133. If the nonprofit Sponsor expends less than $500,000 of federal financial assistance during its fiscal year, the Sponsor is exempt from these audit requirements but is required to maintain records of federal financial assistance and to provide access to such records by federal and state agencies or their designees. If the Sponsor is a nonprofit institution not subject to the provisions of the OMB Circular A -133, or is a for - profit organization, the Sponsor shall be subject to the audit requirements of the laws and regulations governing the program(s) in which it participates. PERIOD SUBJECT TO AUDIT AND AUDIT FREQUENCY. A single audit or program- specific audit made in accordance with OMB Circular A -133 shall encompass the fiscal period of the Sponsor and shall be performed on an annual basis. SUBMISSION OF AUDIT REPORT TO THE STATE. If a single audit, organization -wide, or a program - specific audit is made in accordance with the provisions of OMB Circular A -133, the Sponsor must submit the audit report within 30 days after the audit has been issued. The audit shall be completed and the report submitted no later than nine months after the end of the Sponsor's fiscal year. The Sponsor shall submit three copies of the audit report to: Division of Food, Nutrition and Wellness Department of Agriculture and Consumer Services 600 S. Calhoun Street, Suite 120 Tallahassee, Florida 32399 All auditees shall submit a copy of the audit report to the Federal Auditing Clearinghouse in accordance with OMB Circular A -133, Section 320(d). The address for the currently designated clearinghouse is: Financial Standards and Reporting Branch Office of Federal Financial Management Office of Management and Budget Washington, D.C. 20503 Phone — (202) 345 -3993 GENERAL AUDIT PROVISIONS. The Sponsor is responsible for obtaining the necessary audit in accordance with audit requirements of OMB Circular A -133. The DACS reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by the DACS or federal agencies. Any such additional audit work will rely on work already performed by the Sponsor's auditor and the costs for any additional work performed by the federal or DACS will be borne by those agencies at no additional expense to the Sponsor. Audit working papers and audit reports shall be retained by the Sponsor's auditor for a minimum of three years from the date of the audit report, unless the Sponsor's auditor is notified in writing by the DACS or the appropriate federal agency to extend the retention period. Audit working papers shall be made available upon request to authorized representatives of the DACS, the federal agency, or the General Accounting Office. DACS -01 715 01/12 Page 9 of 10 CFDA reporting numbers are as follows: Program Federal Code Federal Re ulation CFDA SFSP NSLA 42 USC 1751 -69h 7 CFR 225 10.559 ON BEHALF OF SPONSOR: I certify, as a Sponsor of the SFSP, that our operate ac96rding to our current Application/Site Information and Agreement. 3\Z 6 S GN F ADMINISTRATOR DATE AM St. Clerk . eorgia A. Hiller, Esq. D1�(IIR li;..K+ PRINT NAME Collier County Board of County Commissioners 2StatOC NAME OF SPONSORING AGENCY /SPONSOR s'l natOOonlp,- yi^ Y .st OFFICIAL USE ONLY Florida Department of Agriculture and Consumer Services APPROVED BY: DATE: Mike Gresham, Director of Administration For agreement inquiries, contact: Program Administrator Division of Food, Nutrition and Wellness Florida Department of Agriculture and Consumer Services 600 S. Calhoun Street, Suite 120 Tallahassee, Florida 32399 DACS -01715 01/12 Page 10 of 10 form legal sufficiency (6MCoftee'n reene, N2,& 13 Assistant County Attorney