Loading...
Agenda 03/26/2019 Item #16D 416.D.4 03/26/2019 EXECUTIVE SUMMARY Recommendation to approve an Agreement to Purchase Vended Meals from Another Approved School Food Service Facility with the District School Board of Collier County (School Board) to sponsor and operate the 2019 Summer Food Service Program (SFSP) at designated recreation camps with unitized meals provided by the School Board and authorize all necessary Budget Amendments. (Total anticipated Fiscal impact $170,064.60 with a Federal Share of $138,114.60 and a local contribution of $31,950). OBJECTIVE: To provide nutritional breakfasts and lunches during the summer for children that are not able to go to the sites offered by the School Board. CONSIDERATIONS: The SFSP is grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Agriculture. The grant reimburses agencies that serve free meals to children 18 years and under in neighborhoods that qualify. Neighborhood eligibility is determined by census income data or by the percentage of children who receive free and reduced meal service during the school year. The County's Parks and Recreation Division has historically provided summer food service to recreation camps throughout Collier County for the last 37 years. The School Board Nutrition Services Department is uniquely qualified to provide this level of support for the SFSP. The program guidelines closely resemble those associated with the free and reduced lunch program the school district provides throughout the school year. The school food service staff is already under the management of the Nutrition Services Department, and better accountability can be maintained by having the School Board supervise/provide these resources during the summer months. Under this arrangement, the County's Parks and Recreation Division would: 1. Continue to be a Sponsor for select County site recreation camps not served by the Collier County School Board. 2. Provide for the transportation of unitized meals vended by the School District to select County sites. 3. Purchase unitized meals associated with the program from the School District. 4. Monitor County sites recreation food service according to the Department of Agriculture guidelines. An Agreement to Purchase Vended Meals between the School Board and the Board of County Commissioners (Board) is required to implement this plan. The SFSP Grant Agreement between the Board and the Department of Agriculture for the Collier County Parks and Recreation Division (previously approved by the Board in 2017) is a rotating Agreement that remains active until one of the parties decides to withdraw from the program. A copy of that Agreement is attached to this Agenda Item. FISCAL IMPACT: It is anticipated that the program will cost $170,064.60 with a reimbursement from the Florida Department of Agriculture in the amount of $138,114.60 to cover the cost of the vended meals associated with the program. Budget Amendments are required in the amounts of $138,114.60 within Public Services Grant Fund (709), Project 33612 and $31,950 within Public Services Grant Match Fund (710) Project 33612. Local funding needs will be absorbed within MSTU General Fund (111) operating expenses associated with summer recreation camps for $31,950. Packet Pg. 983 03/26/2019 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -CMG RECOMMENDATION: To approve and authorize the Chair to sign the Agreement to Purchase Vended Meals from Another Approved School Food Service Facility with the District School Board of Collier County so that the Parks and Recreation Division can participate in the 2019 Summer Food Service Program and approve the associated Budget Amendments. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1.2019 SFSP Reimbursement Rates Notice (PDF) 2. (linked) 1155 CNP Agreement (PDF) 3. Sponsor to Sponsor Agreement - Parks and Rec 2019 (PDF) 16.D.4 Packet Pg. 984 16.13.4 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 8223 Item Summary: Recommendation to approve an Agreement to Purchase Vended Meals from Another Approved School Food Service Facility with the District School Board of Collier County (School Board) to sponsor and operate the 2019 Summer Food Service Program (SFSP) at designated recreation camps with unitized meals provided by the School Board and authorize all necessary Budget Amendments. (Total anticipated Fiscal impact $170,064.60 with a Federal Share of $138,114.60 and a local contribution of $31,950). Meeting Date: 03/26/2019 Prepared by: Title: Operations Analyst — Parks & Recreation Name: Matthew Catoe 03/01/2019 8:41 AM Submitted by: Title: Division Director - Parks & Recreation — Parks & Recreation Name: Barry Williams 03/01/2019 8:41 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Parks & Recreation Barry Williams Additional Reviewer Public Services Department Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Colleen Greene Level 2 Attorney Review Grants Erica Robinson Level 2 Grants Review Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Heather Yilmaz Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 03/04/2019 8:14 AM Completed 03/08/2019 2:07 PM Completed 03/11/2019 12:07 PM Completed 03/11/20194:02 PM Completed 03/12/2019 11:22 AM Completed 03/12/2019 12:30 PM Completed 03/12/2019 12:33 PM Completed 03/13/2019 11:15 AM Completed 03/13/2019 4:19 PM Completed 03/18/2019 5:06 PM Completed 03/19/2019 10:27 AM Completed 03/19/2019 1:08 PM 03/26/2019 9:00 AM Packet Pg. 985 Billing Code: 3410-30-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Summer Food Service Program 2019 Reimbursement Rates AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2019 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2019 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate. EFFECTIVE DATE: January 1, 2019. FOR FURTHER INFORMATION CONTACT: Jessica Saracino, Program Monitoring and Operational Support Division, Child Nutrition Programs, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Suite 628, Alexandria, Virginia 22302. 16.D.4.c Packet Pg. 986 SUPPLEMENTARY INFORMATION: The Summer Food Service Program (SFSP) is listed in the Catalog of Federal Domestic Assistance under No. 10.559 and is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR, 415 and final rule -related notice published at 48 FR 29114, June 24, 1983.) In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520, no new recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget. This notice is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601-612, and thus is exempt from the provisions of that Act. Additionally, this notice has been determined to be exempt from formal review by the Office of Management and Budget under Executive Order 12866. Definitions The terms used in this notice have the meaning ascribed to them under 7 CFR Part 225 of the SFSP regulations. Background This notice informs the public of the annual adjustments to the reimbursement rates for meals served in SFSP. In accordance with sections 12(f) and 13, 42 U.S.C. 1760(f) and 1761, of the Richard B. Russell National School Lunch Act (NSLA) and SFSP 16.D.4.c Packet Pg. 987 regulations under 7 CFR Part 225, the United States Department of Agriculture announces the adjustments in SFSP payments for meals served to participating children during calendar year 2019. The 2019 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. Reimbursement is based solely on a "meals times rate" calculation, without comparison to actual or budgeted costs. Sponsors receive reimbursement that is determined by the number of reimbursable meals served, multiplied by the combined rates for food service operations and administration. However, the combined rate is based on separate operating and administrative rates of reimbursement, each of which is adjusted differently for inflation. Calculation of Rates The combined rates are constructed from individually authorized operating and administrative reimbursements. Simplified procedures provide flexibility, enabling sponsors to manage their reimbursements to pay for any allowable cost, regardless of the cost category. Sponsors remain responsible, however, for ensuring proper administration of the Program, while providing the best possible nutrition benefit to children. The operating and administrative rates are calculated separately. However, the calculations of adjustments for both cost categories are based on the same set of changes in the Food Away From Home series of the Consumer Price Index for All Urban 16.D.4.c Packet Pg. 988 Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor. They represent a 2.6 percent increase in this series for the 12 -month period, from November 2017 through November 2018 (from 271.152 in November 2017 to 278.306 in November 2018). Table of 2019 Reimbursement Rates Presentation of the 2019 maximum per meal rates for meals served to children in SFSP combines the results from the calculations of operational and administrative payments, which are further explained in this notice. The total amount of payments to State agencies for disbursement to SFSP sponsors will be based upon these adjusted combined rates and the number of meals of each type served. These adjusted rates will be in effect from January 1, 2019 through December 31, 2019. These changes are reflected below. All States except Alaska and Hawaii — Rural or Self -prep Sites — Breakfast — 2 dollars and 29.75 cents (6.5 cent increase from the 2018 reimbursement rate), Lunch or Supper — 4 dollars and 3.25 cents (11 cent increase), Snack — 95.25 cents (2.25 cent increase); All Other Types of Sites — Breakfast — 2 dollars and 25.5 cents (6.5 cent increase), Lunch or Supper — 3 dollars and 96.75 cents (11 cent increase), Snack — 93.25 cents (2.25 cent increase). Alaska — Rural or Self -prep Sites — Breakfast — 3 dollars and 72.5 cents (9.75 cent increase), Lunch or Supper — 6 dollars and 52.75 cents (16.5 cent increase), Snack — 1 dollar and 54.75 cents (4.5 cent increase); All Other Types of Sites — Breakfast — 3 16.D.4.c Packet Pg. 989 dollars and 65.5 cents (9.5 cent increase), Lunch or Supper — 6 dollars and 42.25 cents (16.25 cent increase), Snack — 1 dollar and 51.25 cents (4.25 cent increase). Hawaii — Rural or Self -prep Sites — Breakfast — 2 dollars and 68.25 cents (6.5 cent increase), Lunch or Supper — 4 dollars and 71.5 cents (12 cent increase), Snack — 1 dollar and 11.25 cents (2.5 cent increase); All Other Types of Sites — Breakfast — 2 dollars and 63.25 cents (6.5 cent increase), Lunch or Supper — 4 dollars and 64 cents (12 cent increase), Snack — 1 dollar and 8.5 cents (2.25 cent increase). 2019 Reimbursement Rates (Combined) Operating Rates The portion of the SFSP rates for operating costs is based on payment amounts set in section 13(b)(1) of the NSLA, 42 U.S.C. 1761(b)(1). They are rounded down to the nearest whole cent, as required by section 11(a)(3)(B)(iii) of the NSLA, 42 U.S.C. 1759a(a)(3)(B)(iii). These changes are reflected below. 16.D.4.c Packet Pg. 990 All All Per Meal Rates States States in whole or except except Alaska Alaska Hawaii Hawaii fractions of U.S. Alaska Alaska dollars and and Hawaii Hawaii Rural All Rural All Rural All or Self- Other or Self- Other or Self- Other Site Types prep Types prep Types prep Types Sites of Sites Sites of Sites Sites of Sites Breakfast 2.2975 2.255 3.725 3.655 2.6825 2.6325 Lunch or 4.0325 3.9675 6.5275 6.4225 4.715 4.64 Supper Snack 0.9525 0.9325 1.5475 1.5125 1.1125 1.085 Operating Rates The portion of the SFSP rates for operating costs is based on payment amounts set in section 13(b)(1) of the NSLA, 42 U.S.C. 1761(b)(1). They are rounded down to the nearest whole cent, as required by section 11(a)(3)(B)(iii) of the NSLA, 42 U.S.C. 1759a(a)(3)(B)(iii). These changes are reflected below. 16.D.4.c Packet Pg. 990 All States except Alaska and Hawaii — Breakfast — 2 dollars and 9 cents (6 cents increase from the 2018 reimbursement rate), Lunch or Supper — 3 dollars and 65 cents (10 cents increase), Snack — 85 cents (2 cents increase). Alaska — Breakfast — 3 dollars and 39 cents (9 cents increase), Lunch or Supper — 5 dollars and 91 cents (15 cents increase), Snack — 1 dollar and 38 cents (4 cents increase). Hawaii — Breakfast — 2 dollars and 44 cents (6 cents increase), Lunch or Supper — 4 dollars and 27 cents (11 cents increase), Snack — 99 cents (2 cents increase). Operating Component of 2019 Reimbursement Rates Operating Rates in U.S. All States except Alaska dollars, rounded down to the Alaska Hawaii and Hawaii nearest whole cent Breakfast 2.09 3.39 2.44 Lunch or Supper 3.65 5.91 4.27 Snack 0.85 1.38 0.99 Administrative Rates The administrative cost component of the reimbursement is authorized under section 13(b)(3) of the NSLA, 42 U.S.C. 1761(b)(3). Rates are higher for sponsors of sites located in rural areas and for "self -prep" sponsors that prepare their own meals at the SFSP site or at a central facility instead of purchasing them from vendors. The administrative portion of SFSP rates are adjusted, either up or down, to the nearest quarter -cent. These changes are reflected below. All States except Alaska and Hawaii — Rural or Self -prep Sites — Breakfast — 20.75 cents (0.5 cent increase from the 2018 reimbursement rate), Lunch or Supper — 38.25 cents (1 16.D.4.c Packet Pg. 991 cent increase), Snack — 10.25 cents (0.25 cent increase); All Other Types of Sites — Breakfast — 16.50 cents (0.5 cent increase), Lunch or Supper — 31.75 cents (1 cent increase), Snack 8.25 cents (0.25 cent increase). Alaska — Rural or Self -prep Sites — Breakfast — 33.50 cents (0.75 cent increase), Lunch or Supper — 61.75 cents (1.5 cent increase), Snack — 16.75 cents (0.5 cent increase); All Other Types of Sites — Breakfast — 26.50 cents (0.5 cent increase), Lunch or Supper — 51.25 cents (1.25 cent increase), Snack — 13.25 cents (0.25 cent increase). Hawaii — Rural or Self -prep Sites — Breakfast — 24.25 cents (0.5 cent increase), Lunch or Supper — 44.50 cents (1 cent increase), Snack — 12.25 cents (0.5 cent increase); All Other Types of Sites — Breakfast — 19.25 cents (0.5 cent increase), Lunch or Supper — 37 cents (1 cent increase), Snack — 9.5 cents (0.25 cent increase). 16.D.4.c Packet Pg. 992 Administrative Component of 2019 Reimbursement Rates Authority: Sections 9, 13, and 14, Richard B. Russell National School Lunch Act, 42 U.S.C. 1758, 1761, and 1762a, respectively. Brandon Lipps Administrator, Food and Nutrition Service Date 16.D.4.c Packet Pg. 993 All All States States Administrative Rates in U.S. dollars, adjusted, up or down, to except except Alaska Alaska Hawaii Hawaii Alaska Alaska the nearest quarter -cent and and Hawaii Hawaii All Rural All Rural All Rural Other or Self- Other or Self- Other or Self- Site Types yp Types prep Types prep Types prep o Sites of Sites Sites of Sites Sites Sites Breakfast 0.2075 0.165 0.335 0.265 0.2425 0.1925 Lunch or Supper 0.3825 0.3175 0.6175 0.5125 0.445 0.37 Snack 0.1025 0.0825 0.1675 0.1325 0.1225 0.095 Authority: Sections 9, 13, and 14, Richard B. Russell National School Lunch Act, 42 U.S.C. 1758, 1761, and 1762a, respectively. Brandon Lipps Administrator, Food and Nutrition Service Date 16.D.4.c Packet Pg. 993 AGREEMENT TO PURCHASE VENDED MEALS FROM ANOTHER APPROVED SCHOOL FOOD SERVICE FACILITY This agreement is made and entered into by and between Collier County Public Schools (herein referred to as the "VENDOR") and Collier County Parks and Recreation (herein referred to as the "SPONSOR"); WHEREAS the VENDOR agrees to supply unitized meals inclusive / esive of milk to SPONSOR with and for the rates herein listed MEAL TYPE EST. # SERVINGS EST. # SERVING DAYS (DAILY) (PROGRAM TOTAL) UNIT PRICE CONTRACTTOTAL (FIXED) (ESTIMATE) BREAKFAST 550 f 39 $2.01 $43,114.50 LUNCH 580 39 $3.53 $79,848.60 SNACK $ SUPPER I I $ (+) (Meals per day) x (Program days) x (Meal price) $122,963,10 It is further agreed that VENDOR will provide meals that meet or exceed the minimum meal pattern requirements as to nutritive value and content, maintain full and accurate records to the extent needed by SPONSOR to meet Program requirements, and otherwise perform in accordance with the following provisions: 1. VENDOR shall comply with all applicable rules and regulations of the Florida Department of Agriculture and Consumer Services (FDACS) and the United States Department of Agriculture (USDA), including Title 7 CFR Parts 210, 215, 220, 225, 345, 250, 3016, 3019 and FDACS Division of Food, Nutrition, and Wellness policies. > —2. moth Parties will retain meal records, delivery tickets, purchase orders, production records, or any other records that are :material to the accounting and verification of payments and claims under this Agreement. E �WENDOR must submit to the SPONSOR all costs incurred pertaining to the SPONSOR's food service operation within 30 days n ^of the last day of each month or the final day of the program. 4. o oth Parties agree to retain all records required under the preceding paragraph for a period of three years after the end of < the fiscal year to which they pertain; and upon request, to make all accounts and records pertaining to the program a available to representatives of the U.S. Department of Agriculture, Florida Department of Agriculture and Consumer C -Services, and the and the General Accounting Office for audit or administrative review at a reasonable time and place. 3 5.2 Service shall be discontinued immediately if an invoice has not been paid by the SPONSOR organization within forty-five calendar days of the invoice. 6.`< Service shall be discontime?d im diately if the VENDOR delivers meals unfit for human consumption. 7. PARTIES SHALL ACT IN COMPLIANCE WITH SECTION 768.28, FLA. STAT. The effective dates for this Agreement are ^June 3,2019 through _July 26,2019 . Either Party may terminate this Agreement by giving the other Party notice in writing not less than 60 days prior to the date designated in the notice for termination of the Agreement. IN WITNESS WHEREOF, The Vendor and the Library have caused this Agreement to be executed this day of in the year SPONSOR William L. McDaniel Jr (NAME) PLEASE PRINT Chairperson TITLE ATTEST SIGNATURE � ' �VFEt, W VENDOR (NAME) PLEASE PRINT TITLE SIGNATURE DATE Packet Pg. 994 16. D.4.e SCHEDULE A SITE INFORMATION LIST SPONSOR NAME Collier County Parks & I Recreation De artment ADDRESS: 15000 LivingSton Rd, Naples FL, 34109 K le Bre enter 239-252-7377 SITE NAME BEGIN DATE END DATE TOTAL MEAL TYPE AVERAGE TOTAL DELIVERY TIME ADDRESS DAYS MEALS/DAY MEALS FOR EACH MEAL PHONE (1) (2) OP. TYPE (3) (4) (5) (6) 7 Eagles Lakes 6/3/2019 7/26/2019 39 BREAKFAST 45 1,755 8:00am 11565 E. AM SUPPLEMENT Tamiami Trail Naples FL 239-252- 3527 REFRIG ALL LUNCH 40 1,560 11:00am MEALS YES NO PM SUPPLEMENT ❑ x SUPPER East Naples 6/3/2019 7/26/2019 39 BREAKFAST 40 1,560 8:00am 3500 AM SUPPLEMENT Thomasson Naples FL 239-793- 4414 REFRIG LUNCH 60 2,340 11:00am MEALSLL YES NO PM SUPPLEMENT ❑ X SUPPER East Naples 6/3/2019 6/28/2019 20 BREAKFAST 55 1,100 8:00am Baptist AM SUPPLEMENT Church 1967 Shadowlawn Naples F1 239-287- 8524 REFRIG ALL LUNCH 55 1,100 11:00am MEALS YES NO PM SUPPLEMENT ❑ x SUPPER Golden Gate 6/3/2019 7/26/2019 39 BREAKFAST 120 4,680 8:00am Comm. AM SUPPLEMENT Center 4701 Golden Gate Naples FL 239-252- d Cn U- N E L a� O d CD m Cn O O U- a� E E W 0 N a Packet Pg. 995 16.D.4.e 418039 REFRIG39 ALL LUNCH 120 4,680 11:00am MEAL39S YES NO PM SUPPLEMENT ❑ X SUPPER Immokalee 6/3/2019 7/26/2019 39 BREAKFAST 120 4,680 8:00am Comm. Park AM SUPPLEMENT 321 N. 1St St Immokalee FL 239-657- 4449 REFRIG ALL LUNCH 120 4,680 11:00am MEALS YES NO PM SUPPLEMENT ❑ X SUPPER Immokalee 6/3/2019 7/26/2019 39 BREAKFAST 70 2,730 8:00am South Park AM SUPPLEMENT 418 School Dr. Immokalee FL 239-252- 4977 REFRIG ALL LUNCH 70 2,730 11:00am MEALS YES NO PM SUPPLEMENT ❑ X SUPPER River Park 6/3/2019 7/26/2019 39 BREAKFAST 45 1,755 8:00am Rec. AM SUPPLEMENT 301 11th St. N. Naples FL 239-213- 3037 REFRIG ALL LUNCH 60 2,340 11:00am MEALS YES NO PM SUPPLEMENT ❑ X SUPPER Avalon 6/3/2019 7/26/2019 39 BREAKFAST 55 2,145 8:00am Elementary AM SUPPLEMENT 3300 Thomasson Dr. Naples FL 34112 239-377- 6200 REFRIG ALL LUNCH 55 2,145 11:00am MEALS YES NO PM SUPPLEMENT ❑ X SUPPER a a_ U) E �a L O L a m N N O O U- E E 3 U) rn 0 N M N N a� 0 N V a� c ca a a Packet Pg. 996 Amended and Restated Agreement Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness CHILD NUTRITION PROGRAMS ADAM N. PUTNAM AGREEMENT COMMISSIONER DA-CS-CO-NTRACN .O18Fa68 — &' �` r j� SPONSOR NUMBER: i� )A� ai�* ADDRESS: T l CITY. ZIP. 15 a �IJngl�on KJ ik). k&lk Twirl: This is an agreement between the Florida Department of Agriculture and Consumer Services (FDACS) and the sponsor identified to participate in one or more of the following U.S. Department of Agriculture (USDA) Child Nutrition Programs administered by FDACS: i Program Federal CFDA Regulation National School Lunch Program (NSLP) Afterschool Snack Program (ASP) 1 7 CFR 210, 245 10.555 - --- GENERAL TERMS AND CONDITIONS 1. This Agreement shall be effective from the date the Agreement and Program Application are approved by FDACS. FDACS's performance and obligation to pay under this Agreement are contingent upon continued availability of funds appropriated by Congress for the Child Nutrition Programs and an annual appropriation by the Legislature. 2. This Agreement remains in effect until terminated by either party. At least 30 days written notice must be given to terminate this Agreement. Upon termination of this Agreement, FDACS shall make no further disbursement of funds to the sponsor in accordance with this Agreement, except to reimburse the sponsor in connection with eligible meals served on or prior to the termination of this Agreement. No termination or suspension of this Agreement shall affect the obligation of the sponsor to maintain records and to make such records available for audit. 3. The sponsor has the right to appeal decisions made by FDACS in accordance with 7 CFR 210.18(q) and 7 CFR 225.13 that affect participation in the program(s) or Claims for Reimbursement. 4. The sponsor and participating sites under its jurisdiction shall comply with all provisions of 7 CFR parts 210, 215, 220, 225, 245 and 250. FDACS-01716R".12J16 JUNi 4 2017 Peg& 1 of 13 REQUIREMENTS FOR PARTICIPATION IN CHILD NUTRITION PROGRAMS Each sponsor operating the National School Lunch Program (NSLP) or Seamless Summer Option (SSO) shall, with respect to participating sites under its jurisdiction: 1. Maintain a nonprofit school food service and observe the requirements for and limitations on the use of nonprofit school food service revenues set forth in 7 CFR §210.14 and the limitations on any competitive school food service as set forth in 7 CFR §210.11; 2. Limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved in accordance with 7 CFR §210.19(a); 3. Maintain a financial management system as prescribed under 7 CFR §210.14(c); 4. Comply with the requirements of the USDA's regulations regarding financial management (2 CFR 200, as applicable); 5. Serve lunches, during the lunch period, which meet the minimum requirements prescribed in 7 CFR §210.10; 6. Price the lunch as a unit in accordance with 7 CFR §210.10(a)(2); 7. Serve lunches free or at a reduced price to all children who are determined by the local educational agency to be eligible for such meals under 7 CFR part 245; 8. Claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid lunches served to eligible children in accordance with 7 CFR part 210. Agree that the sponsor official signing the claim shall be responsible for reviewing and analyzing meal counts to ensure accuracy as specified in 7 CFR §210.8 governing claims for reimbursement. Acknowledge that failure to submit accurate claims will result in the recovery of an overclaim and may result in the withholding of payments, suspension or termination of the program as specified in 7 CFR §210.25. Acknowledge that if failure to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in 7 CFR §210.26 shall apply; 9. Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service, or through another counting system if approved by FDACS; 10. Submit Claims for Reimbursement in accordance with 7 GFR §210.8; 1 i.Comply with the audit regulations stated in 2 CFR 200, Subpart F —Audit Requirements, if during the organization's fiscal year, Federal funds received from all programs totals $750,000 or more; 12.Comply with the requirements of the USDA's regulations regarding nondiscrimination (7 CFR parts 15, 15a, 15b); 13. Make no discrimination against any child because of his or her eligibility for free or reduced price meals in accordance with the approved Free and Reduced Price Policy Statement; 14. Enter into an agreement to receive donated foods as required by 7 CFR part 250; 15. Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations, and comply with the food safety requirements of 7 CFR §210.13; FDACS-01716 Rev. 12116 Page 2 of 13 9 16.Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the USDA; 17. Maintain necessary facilities for storing, preparing and serving food; 18. Upon request, make all accounts and records pertaining to its school food service available to FDACS and to the USDA, for audit or review, at a reasonable time and place. Such records shall be retained for a period of 3 years after the date of the final Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the 3 year period as long as required for resolution of the issues raised by the audit; a. For public school districts and charter schools, retain records for five (5) fiscal years in accordance with General Records Schedule GS7 for Public Schools Pre -K-12 and Adult and Career Education. This retention schedule supersedes the requirement above; 19. Maintain files of currently approved and denied free and reduced price applications which must be readily retrievable by school; 20. Directly certify children for free school meals using the Florida Direct Certification System at least three times during the school year as required by FDACS. More frequent direct certification efforts are permissible and encouraged; 21. Maintain files of the names of children currently approved for free meals through direct certification with the supporting documentation, as specified in 7 CFR §245.6(b)(5), which must be readily retrievable by school. Documentation for direct certification must include information obtained directly from the appropriate State or local agency, or other appropriate individual, as specified by the USDA, that: a. A child in the Family, as defined in 7 CFR §245.2, is receiving benefits from SNAP, FOP1R or TANF, as defined in 7 CFR §245.2; if one child is receiving such benefits, all children in that family are considered to be directly certified; b. The child is a homeless child as defined in 7 CFR §245.2; c_ The child is a runaway child as defined in 7 CFR §245.2; d. The child is a migrant child as defined in 7 CFR §245.2; e. The child is a Head Start child as defined in 7 CFR §245.2; or f. The child is a foster child as defined in 7 CFR §245.2. 22.Retain the individual applications for free and reduced price lunches and meal supplements submitted by families fora period of 3 years after the end of the fiscal year to which they pertain or as otherwise specified under paragraph (18) of this section; and 23. No later than December 31 of each year, provide FDACS with a list of all sites under its jurisdiction in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of the last operating day the preceding October. FDACS may designate a month other than October for the collection of this information, in which case the list must be provided to FDACS within 60 calendar days following the end of the month designated by FDACS_ In addition, each sponsor shall provide, when available for the sites under its jurisdiction, and upon the request of a sponsoring organization of day care homes of the Child and Adult Care Food Program, information on the boundaries of the FDACS-01716 Rev. 1216 Page 3 or 13 attendance areas for the sites identified as having 50 percent or more of enrolled children certified eligible for free or reduced price meals. Each sponsor with eligible sites, as defined in 7 GFR 210.10(n)(1), that elects to serve meal supplements during afterschool care programs, shall: 1. Serve meal supplements which meet the minimum requirements prescribed in 7 CFR §210.10; 2. Price the meal supplement as a unit in accordance with 7 CFR §210.10(a)(2); 3. Serve meal supplements free or at a reduced price to all children who are determined by the sponsor to be eligible for free or reduced price school meals under 7 CFR part 245; 4. If charging for meals, the charge for a reduced price meal supplement shall not exceed 15 cents; 5. Claim reimbursement at the assigned rates only for meal supplements served in accordance with the agreement; 6. Claim reimbursement for no more than one meal supplement per child per day; 7. Comply with the audit regulations stated in 2 CFR 200, Subpart F — Audit Requirements, if during the organization's fiscal year, Federal funds received from all programs totals $750,000 or more; 8. Review each afterschool care program two times a year; the first review shall be made during the first four weeks that the site is in operation each school year, except that an afterschool care program operating year round shall be reviewed during the first four weeks of its initial year of operation, once more during its first year of operation, and twice each school year thereafter; and 9. Comply with all requirements of 7 CFR §210.9, except that, claims for reimbursement need not be based on "point of service" meal supplement counts (as required by 7 CFR 210.9(b)(9)). Each sponsor operating the School Breakfast Program (SBP) shall, with respect to participating sites under its jurisdiction: 1. Maintain a nonprofit school food service; 2. In accordance with the financial management system established under 7 CFR §220.13(i), use all revenues received by such food service only for the operation or improvement of that food service except that facilities, equipment, and personnel support with funds provided to a sponsor under this part may be used to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); 3. Revenues received by the nonprofit school food service shall not be used to purchase land or buildings or to construct buildings; 4. Limit its net cash resources to an amount that does not exceed three months average expenditure for its nonprofit school food service or such other amount as may be approved by FDACS; and 5. Observe the limitations on any competitive food service as set forth in 7 CFR §210.10 and 7 CFR §220.12; FDACS-01716 Rev. 12116 Page 4 of 13 6. Serve breakfasts which meet the minimum requirements prescribed in 7 CFR §220.8, during a period designated as the breakfast period by the site; 7. Price the breakfast as a unit in accordance with 7 CFR §220.8(a)(2); 8. Supply breakfast without cost or at reduced price to all children who are determined by the sponsor to be unable to pay the full price thereof in accordance with the free and reduced price policy statements approved under 7 CFR part 245; 9. Make no discrimination against any child because of his inability to pay the full price of the breakfasts; 10.Claim reimbursement at the assigned rates only for breakfasts served in accordance with the agreement; 11.Submit Claims for Reimbursement in accordance with 7 CFR §220.11 and procedures established by FDACS, or the USDA where applicable; 12. Comply with the audit regulations stated in 2 CFR 200, Subpart F — Audit Requirements, if during the organization's fiscal year, Federal funds received from all programs totals $750,000 or more; 13.Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations, and comply with the food safety requirements in paragraph (a)(2) and paragraph (a)(3) of 7 CFR §220.7; 14, Purchase, in as large quantities as may be efficiently utilized in its nonprofit school food service, foods designated as plentiful by FDACS; 15.Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the USDA; 16. Maintain necessary facilities for storing, preparing, and serving food; 17. Maintain a financial management system as prescribed by FDACS, or the USDA where applicable; 18. Upon request, make all accounts and records pertaining to its nonprofit school food service available to FDACS, to the USDA and to the USDA's Office of Audit for audit or review at a reasonable time and place. Such records shall be retained for a period of three years after the end of the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for the resolution of the issues raised by the audit. a. For public school districts and charter schools, retain records for five (5) fiscal years in accordance with General Records Schedule GS7 for Public Schools Pre -K-12 and Adult and Career Education. This retention schedule supersedes the requirement above. 19. Retain documentation of free or reduced price eligibility as follows: a. Maintain files of currently approved and denied free and reduced price applications which must be readily retrievable by school for a period of three years after the end of the fiscal year to which they pertain; or b. Maintain files with the names of children currently approved for free meals through direct certification with the supporting documentation, as specified in §245.6(b)(4) of this chapter, which must be readily retrievable by school. Documentation for direct certification must include information obtained FDACS-01716 Rev. 12/16 Page 5 of 13 c to directly from the appropriate State or local agency, or other appropriate individual, as specified by the USDA, that: L A child in the Family, as defined in 7 CFR §245.2, is receiving benefits from SNAP, FDPlR or TANF, as defined in §245.2; if one child is receiving such benefits, all children in that family are considered to be directly certified; ii. The child is a homeless chili as defined in 7 CFR §245.2; iii. The child is a runaway child as defined in 7 CFR §245.2; iv. The child is a migrant child as defined in 7 CFR §245.2; v. The child is a Head Start child, as defined in 7 CFR §245.2; or vi. The child is a foster child as defined in 7 CFR §245.2. 20. Directly certify children for free school meals using the Florida Direct Certification System at least three times during the school year as required by FDACS. More frequent direct certification efforts are permissible and encouraged; and 21.Comply with the requirements of the USDA's regulations respecting nondiscrimination (7 CFR part 15). Each sponsor approved to participate in the Special Milk Program (SMP) shall, with respect to sites under its jurisdiction: 1. Operate a nonprofit milk service. However, sponsors may use facilities, equipment, and personnel supported with funds provided to a sponsor to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 at seq.). 2. If electing to provide free milk (i) serve milk free to all eligible children, at times that milk is made available to nonneedy children under the program; and (ii) make no discrimination against any needy child because of his inability to pay for the milk. 3. Comply with the requirements of the USDA's regulations respecting nondiscrimination (7 CFR part 15); 4. Claim reimbursement only for milk as defined in this part and in accordance with the provisions of 7 CFR §215.8 and 7 CFR §215.10; 5. Submit Claims for Reimbursement in accordance with 7 CFR §215.10 of this part and procedures established by FDACS or the USDA where applicable; 6. Comply with the audit regulations stated in 2 CFR 200, Subpart F — Audit Requirements, if during the organization's fiscal year, Federal funds received from all programs totals $750,000 or more; 7. Maintain a financial management system as prescribed by FDACS, or the USDA where applicable; 8. Upon request, make all records pertaining to its milk program available to FDACS and to the USDA for audit and administrative review, at any reasonable time and place. Such records shall be retained for a period of three years after the end of the fiscal year to which they pertain, except that, if audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for the resolution of the issues raised by the audit; and 9. Retain the individual applications for free milk submitted by families for a period of three years after the end of the fiscal year to which they pertain, except that, if FDACS-01716 Rev. 12116 Page 6 of 13 audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for the resolution of the issues raised by the audit. a. For public school districts and charter schools, retain records for five (5) fiscal years in accordance with General Records Schedule GS7 for Public Schools Pre -K-12 and Adult and Career Education. This retention schedule supersedes the requirement above. Each sponsor approved for participation in the Summer Food Service Program (SFSP) shall: 1. Operate a nonprofit food service during the period specified, as follows: a. From May through September for children on school vacation; b. At any time of the year, in the case of sponsors administering the Program under a continuous school calendar system; or c. During the period from October through April, if it serves an area affected by an unanticipated school closure due to a natural disaster, major building repairs, court orders relating to school safety or other issues, labor- management disputes, or, when approved by FDACS, a similar cause. 2. For sponsors, offer meals which meet the requirements and provisions set forth in 7 CFR §225.16 during times designated as meal service periods by the sponsor, and offer the same meals to all children; 3. For all other sponsors, serve meals which meet the requirements and provisions set forth in 7 CFR §225.16 during times designated as meal service periods by the sponsor, and serve the same meals to all children; 4. Serve meals without cost to all children, except that camps may charge for meals served to children who are not served meals under the program; 5. Issue a free meal policy statement in accordance with 7 CFR §225.6(c); 6. Meet the training requirement for its administrative and site personnel, as required under 7 CFR §225.15(d)(1); 7. Claim reimbursement only for the type or types of meals specked in the agreement and served without charge to children at approved sites during the approved meal service period, except that camps shall claim reimbursement only for the type or types of meals specked in the agreement and served without charge to children who meet the program's income standards. The agreement shall specify the approved levels of meal service for the sponsor's sites if such levels are required under 7 CFR §225.6(d)(2). No permanent changes may be made in the serving time of any meal unless the changes are approved by FDACS; 8. Submit claims for reimbursement in accordance with procedures established by FDACS, and those stated in 7 CFR §225.9; 9. Comply with the audit regulations stated in 2 CFR 200, Subpart F — Audit Requirements, if during the organization's fiscal year, Federal funds received from all programs totals $750,000 or more; 10. In the storage, preparation and service of food, maintain proper sanitation and health standards in conformance with all applicable State and local laws and regulations; FDACS-01716 Rev. 12/16 Page 7 of 13 9 11.Accept and use, in quantities that may be efficiently utilized in the program, such foods as may be offered as a donation by the USDA; 12. Have access to facilities necessary for storing, preparing, and serving food; 13. Maintain a financial management system as prescribed by FDACS; 14. Maintain on file documentation of site visits and reviews in accordance with 7 CFR §225.15(d) (2) and (3); 15. Upon request, 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 3 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 a. For public school districts and charter schools, retain records for five (5) fiscal years in accordance with General Records Schedule GS7 for Public Schools Pre -K-12 and Adult and Career Education. This retention schedule supersedes the requirement above. 16. Submit information as required in this Program agreement that is true and correct, acknowledging that deliberate misrepresentation or withholding of information may result in prosecution under the applicable State and Federal statutes; 17. Maintain children on site while meals are consumed; and 18. Retain final financial and administrative responsibility for its program. Each sponsor receiving donated foods under FDACS' Food Distribution Program shall: 1. Distribute and use of donated foods is in accordance with 7 CFR part 250; 2. Be responsible for reporting to FDACS for any improper distribution or use of donated foods or for any loss of, or damage to, donated foods caused by theirfault or negligence; 3. Have and preserve a right to assert claims against other persons to whom donated foods are delivered for care, handling or distribution; and 4. Take action to obtain restitution in connection with claims for improper distribution, use or loss of, or damage to, donated foods. ASSURANCE OF CIVIL RIGHTS COMPLIANCE The sponsor hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions required by the implementing regulations of the United States Department of Agriculture (USDA); Department of Justice Enforcement Guidelines, 28 CFR Part 80.3 and 42; and the Food and Nutrition Service (FNS) directives and guidelines, to the effect that, no person shall, on the grounds of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the SPONSOR receives federal financial POACS-01716 Ret. 12116 Page 8 of 13 CAO assistance from the USDA; and gives assurance that it will immediately take measures necessary to effectuate this Agreement. By accepting this assurance, the sponsor agrees to compile data, maintain records, and submit reports as required to permit effective enforcement of the nondiscrimination laws and permit authorized FDACS and 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, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the sponsor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person (or persons) whose signature(s) appear(s) below is/are authorized to sign this assurance on behalf of the sponsor. CERTIFICATION REGARDING LOBBYING This certification is a material representation of fact upon which reliance was 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned sponsor certifies, to the best of his or her knowledge and belief, that: 1. 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 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. 2. If any funds other than Federal -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The language of this certification shall be included in the award documents for all sub -awards at all tiers (including sub -contracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. FDACS-01718 Rev. 17116 Page 0 of 13 9 CERTIFICATION REGARDING DRUG-FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 2 CFR Part 182. The regulations, published as Part II of the May 25, 1990 Federal Register (pages 21681-21691), require certification by grantees, prior to award, that they will maintain a drug-free workplace. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. False certification orviolation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or suspension or debarment (see 7 CFR Part 3017, Sections 3017.615 and 3017.620). The applicant certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on-going, drug-free awareness program to inform employees about: I. The dangers of drug abuse In the workplace ii. The grantee's policy of maintaining a drug-free workplace iii. Any available drug counseling, rehabilitation, and employee assistance programs, and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Requiring that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement, ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee. Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: I. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or FDACS-01716 Rev. 12116 Page 10 of 13 CAO ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (I). 2. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (street address, city, county, state, zip code): 'SI PF i�TtfVJ , " Sets 1 I+1 FtflMa ;011. Check 0 if there are workplaces on file that are not identified here. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER MATTERS — PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 2 CFR Part 180, Subpart C. Responsibilities of Participants Regarding Transactions Doing Business with Other Persons. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. The prospective primary participant [Sponsor] certifies to the best of its knowledge and belief, that it and its principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntadly excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, 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; c. are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. FOACS-01716 Rev. 12/76 Page 11 of 13 2. Where the prospective primary participant [Sponsor] is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. FDACS-01716 Rev. 12/16 Page 12 of 13 CEtO This Agreement constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. The Sponsor, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, underst nds it, and agrees to be bound by its terms and conditions. ATTESr Signature of Autb6rized Pftial DWIGHT F-8Rru--L- rk �r-- Printed Name o Autho ized Official Title: Date Sign and return two (2) original copies of this Agreement to: 4 By: o L Attest as' , hai n's signature only:,, r Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness 600 S. Calhoun Street (1-12) Tallahassee, Florida 32399 OFFICIAL USE ONLY Florida Department of Agriculture and Consumer Services APPROVED BY: e Directorthin istration 1-7 Date FDAC"1716 Rev. 1?fl6 Page 13 of 13 C9O