Agenda 05/12/2020 Item #16D 1 (Summer Food Program Agmt. Termination)05/12/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Termination of Agreement
letter for the Summer Food Service Program Agreement between the Florida Department of
Agriculture and Consumer Services and the Collier County Parks & Recreation Division.
OBJECTIVE: To continue to provide nutritious meals to the youth of Collier County through the
Summer Food Service Program (SFSP), while alleviating the financial and administrative burden on the
Collier County Parks & Recreation Division (Division).
CONSIDERATIONS: The SFSP began in 1968 as an amendment to the National School Lunch Act.
SFSP is a federally funded, state-administered program through which children eighteen (18) years of age
and younger, or persons with disabilities over the age of eighteen (18), may receive free meals and
snacks.
On May 23, 2017 (Agenda Item #16D8), the Board of County Commissioners (Board) approved an
agreement to participate in the SFSP with the Florida Department of Agriculture and Consumer Services
(FDACS). This agreement is to operate the SFSP at designated recreation camps with unitized meals
provided by Collier County Public Schools (CCPS). Pursuant to the General Terms and Conditions, Item
2, Page 1, the Agreement may be terminated by either party with at least thirty (30) days written notice.
On March 11, 2020, CCPS Nutrition Services Director sent a letter to the Parks & Recreation Division
Director officially stating their interest in assuming the role of SFSP sponsor for all eight (8 ) Parks &
Recreation community meal sites (Golden Gate Community Park, Eagle Lake Community Park, East
Naples Baptist Church, East Naples Community Park, Immokalee Community Park, Immokalee South
Park, Avalon, and River Park). Through economies of scale and operational proficiency, CCPS will be
able to run the meal sites more efficiently and with less expense. Transitioning the sponsorship of this
program to CCPS will lessen the administrative burden on the Division and provide an overall cost
savings to the County.
On March 13, 2020, FDACS sent correspondence to the Division confirming their acceptance of CCPS
taking over administration of the meal sites on behalf of the Division.
CCPS and the County Attorney’s Office are in agreement that the above -referenced letter is sufficient
documentation for CCPS to take over the administration of this program. No Memorandum of
Understanding, or other such documentation, is required.
FISCAL IMPACT: The proposed action will relieve local funding in the estimated amount of $31,950
which was annually absorbed within MSTU General Fund (111) summer recreation camp budget.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
GROWTH MANAGEMENT IMPACT: The proposed action has no Growth Management impact.
RECOMMENDATION: To approve and authorize the Chairman to sign the Termination of Agreement
letter for the Summer Food Service Program Agreement between the Florida Department of Agriculture
and Consumer Services and the Collier County Parks & Recreation Division.
Prepared By: Don Luciano, Grants Coordinator, Community and Human Services Division
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05/12/2020
ATTACHMENT(S)
1. Termination of Agreement Letter (PDF)
2. AGRMT 2017 06-08 USDA Summer Food Program (PDF)
3. CCPS Nutrition Services Letter (PDF)
4. 1155 Collier County Parks and Recreation_ Cancel the Agreement with FDACS FNW for SFSP
(PDF)
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05/12/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 12186
Item Summary: Recommendation to approve and authorize the Chairman to sign the Termination
of Agreement letter for the Summer Food Service Program Agreement between the Florida Department of
Agriculture and Consumer Services and the Collier County Parks & Recreation Division.
Meeting Date: 05/12/2020
Prepared by:
Title: – Community & Human Services
Name: Donald Luciano
04/08/2020 2:12 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
04/08/2020 2:12 PM
Approved By:
Review:
Community & Human Services Tami Bailey Additional Reviewer Completed 04/08/2020 3:15 PM
Community & Human Services Jose Alvarado Additional Reviewer Completed 04/08/2020 3:26 PM
Parks & Recreation Matthew Catoe Additional Reviewer Completed 04/10/2020 7:55 AM
Community & Human Services Kristi Sonntag Additional Reviewer Completed 04/10/2020 9:25 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 04/27/2020 4:25 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 04/28/2020 12:15 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 04/29/2020 9:46 AM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 04/29/2020 12:14 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 04/30/2020 10:12 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 04/30/2020 10:19 AM
Grants Erica Robinson Level 2 Grants Review Completed 04/30/2020 10:28 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/04/2020 10:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/04/2020 10:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2020 11:03 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/04/2020 11:56 AM
Grants Therese Stanley Additional Reviewer Completed 05/04/2020 4:16 PM
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05/12/2020
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/05/2020 8:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM
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May 12, 2020
Florida Department of Agriculture and Consumer Services
Division of Food, Nutrition and Wellness
600 S. Calhoun Street (H2)
Tallahasee, FL 32399
Attn: Bonnie Mathis
Re: Agreement Termination
FDACS Contract # 018588
Sponsor Number 1155
Summer Food Service Program (7 CFR 225)
Dear Ms. Mathis:
Pursuant to General Terms and Conditions, Item 2, page 1 of the above referenced agreement, please accept
this letter as official notice of termination of our agreement, effective 30 days from receipt of this letter.
Collier County Public Schools Department has agreed to assume the role of sponsor from Collier County Parks
& Recreation Department for the Summer Food Service Program beginning summer, 2020. The program will
continue at all eight Parks & Recreation sites with no delay or interruption to service.
If you require any additional information, please contact Tami Bailey, Manager of State & Federal Grants at 239-
252-5218 or tami.bailey@colliercountyfl.gov.
Sincerely,
Burt L. Saunders, Chairman
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
239-252-8603
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Packet Pg. 490 Attachment: Termination of Agreement Letter (12186 : Agreement Termination - Parks & Rec Summer Foods Program)
------------FDA-C-S-CONTP<-A·ett
ADAM H. PUTNAM
COMMISSIONER
Amended and Restated Agreement
Florida Department of Agriculture and Consumer Services
Division of Food, Nutrition and Wellness
CHILD NUTRITION PROGRAMS
AGREEMENT
SPONSOR NUMBER:
l t 5
.0 1 8 G LJ 8
This is an agreement between the Florida Department of Agriculture and Consumer
Services (FDA CS} 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:
Program Federal-CFDA Regulation
National School Lunch Program (NSLP)
Afterschool Snack Program (ASP) 7 CFR 210. 245 10.555
Seamless Summer Option (SSO}
School Breakfast Proaram (SBP) 7CFR 220 245 10.553
Special Milk Proaram (SMP) 7 CFR 215, 245 10.556
Summer Food Service Proaram (SFSP) 7 CFR 225 10.559
Food Distribution Proo ram 7 CFR 250 10.550
GENERAL TERMS AND CONDITIONS
1. This Agreement shall be effective from the date the Agreement and Program
Application are approved by FOACS. 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 p rior to the termination of this Agreement. No termination
or suspension of this Agreement shall affect the obijgation 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 21 o. 215, 220, 225, 245 and 250.
FDACS-01716 Rev. 12116
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BY: -=--=-=-====1
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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 min imum requirements
prescribed in 7 CFR §210.10;
6. Price the lunch as a unit in accordance with 7 CFR §210 .1 O(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 ortennination 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 ch ildren at the point of service, or through another counting system if
approved by FDACS;
10 .Submit Claims for Reimbursement in accordance with 7 CFR §210 .8;
11 . 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 e l igibility 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;
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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 receiv ing benefits
from SNAP, FDP/R or TANF, as defined in 7 CFR §245.2; if one child is
rece iving 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 for a 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 li st 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 llst must be provided to FDACS
with in 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 t he Child and Adult Care Food Program, information on the boundaries of the
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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 CFR 210.1 O(n)(1 ). that elects to serve
meal supplements during afterschool care programs, shall:
1. Serve meal supplements which mee1 the minimum requirements prescribed in 7
CFR §210.10;
2 . Price the meal supplement as a unit in accordance with 7 CFR §210.1 O(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 a t 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 FOACS; and
5 . Observe the limitations on any competitive food service as set forth in 7 CFR
§210 .10 and 7 CFR §220 .12;
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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 FOACS, 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
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directly from the appropriate State or local agency, or other appropriate
ind ividual, as specified by the USDA, that:
i. A child in the Family, as defined in 7 CFR §245.2, is receiving
benefits from SNAP. FDPIR 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 child 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 1 CFR §245.2; or
vi. The child is a foster child as defined in 7 CFR §245.2 .
20. Di rectly 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 et 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 1~);
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 Cla ims for Reimbursement in accordance with 7 CFR §215.10 of this part
and procedures established by FOACS 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
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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 specified in the agreement
and served without charge to children at approved sites during the approved meal
service period, except that camps shalt claim reimbursement only for the type or
types of meals specified 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 FOACS;
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 regulalions 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;
1 O. In the storage, preparation and service of food, maintain proper sanitation and
health standards in confonnance with all applicable State and local laws and
regulations;
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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.
15. 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 their fault
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 S0.3 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
FOACS-01716 Rev. 12/16
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Packet Pg. 498 Attachment: AGRMT 2017 06-08 USDA Summer Food Program (12186 : Agreement Termination - Parks & Rec Summer Foods Program)
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 compiJe data. maintain records, and
submit reports as required to permit effective enforcement of the nondiscrimination laws
and permit authorized FOACS 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 offact 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 requ ired 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 Fede ral 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
w ith 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 emp loyee 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 coopera tive agreements) and that all sub-recipients shall certify
and disclose accordingly.
FOAC S-01716 Rev. 12116
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Packet Pg. 499 Attachment: AGRMT 2017 06-08 USDA Summer Food Program (12186 : Agreement Termination - Parks & Rec Summer Foods Program)
CERTIF1CATION 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 or violation 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).
1 . 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 :
FDACS-01716 Rev. 12116
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'
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
•
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-------·---
ii. Requiring such employee to participate satisfactor;1y 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 {f).
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): ,,..
0ee rf]IJS <:Pi a.\\ s:\~~ ';l\~M~tio'1.
Check Cl 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.
1. 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, or voluntarily 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 governmental 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 defautt.
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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.
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Th is 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 ds it, and agrees to be bound by its terms and conditions.
Title :
:;/~bar?
Date
Sign and return two (2) original copies of this Agreement to:
Florida Department of Agriculture and Consumer Services
Division of Food, Nutrition and Wellness
600 S. Calhoun Street (H2)
Tallahassee, Florida 32399
OFFICIAL USE ONLY
Florida Department of AgricuJture and Consumer Services
APPROVED BY:
Director
(, ·'!· /"7
Date
FDACS-01716 Rev. 12/16
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Packet Pg. 503 Attachment: AGRMT 2017 06-08 USDA Summer Food Program (12186 : Agreement Termination - Parks & Rec Summer Foods Program)
16.D.1.cPacket Pg. 504Attachment: CCPS Nutrition Services Letter (12186 : Agreement Termination - Parks & Rec Summer Foods Program)
From:Mathis, Bonnie
To:CatoeMatthew
Cc:BregenzerKyle; Vass, Jaren
Subject:1155 Collier County Parks and Recreation: Cancel the Agreement with FDACS FNW for SFSP
Date:Friday, March 13, 2020 7:56:51 AM
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Greetings and good morning Matthew,
At your convenience, you can send us notification that you are cancelling the Agreement with FDACS
FNW for SFSP by email or letter.
Since all your sites will be transferred and become new sites with 11 Collier County School Board
starting Summer 2020, we have gone ahead and inactivated 1155 Collier County Parks and
Recreation in FANS SFSP 2020.
We are thankful and grateful for the many years, Collier County Parks and Recreation operated the
SFSP for Collier County’s children.
Now we look forward to the Collier School Board continuing to serve the children at Collier County’s
Parks and Recreation sites.
With our and thanks,
Bonnie
Bonnie Gobar Mathis
Senior Clerk
Summer Food Service Program
Division of Food, Nutrition and Wellness
Florida Department of Agriculture and Consumer Services
(850) 617-7126
Bonnie.Mathis@FDACS.gov
The Holland Building
600 South Calhoun Street, Suite 110
Tallahassee, Florida 32399
www.FreshFromFlorida.com
Please note that Florida has a broad public records law (Chapter 119, Florida Statutes). Most written communications to or
from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may
be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of
Florida.
From: CatoeMatthew <Matthew.Catoe@colliercountyfl.gov>
Sent: Thursday, March 12, 2020 10:29 AM
16.D.1.d
Packet Pg. 505 Attachment: 1155 Collier County Parks and Recreation_ Cancel the Agreement with FDACS FNW for SFSP (12186 : Agreement Termination -
To: Mathis, Bonnie <Bonnie.Mathis@fdacs.gov>
Cc: BregenzerKyle <Kyle.Bregenzer@colliercountyfl.gov>
Subject: Collier County Parks and Recreation
Importance: High
Good morning Bonnie,
We are looking into transferring our sites to be serviced by Collier County Public Schools (CCPS). Do
you prefer to have our current agreement transferred to CCPS, or would you prefer we cancel the
agreement altogether? Please advise. Thanks
Respectfully,
Matt
Matthew Catoe
Operations Analyst
Parks and Recreation Division
B Healthy, Active & Playful
15000 Livingston Road, Naples Florida 34109
Phone: 239.252.4059 Cell: 239.285.1475
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
16.D.1.d
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