HomeMy WebLinkAboutIGA - State - Child Nutrition ProgramDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 3, 2008
Please see directions for completing this document on the next page.
DATE: August 26, 2008
FROM: Bob LaCombe Juvenile Community Justice 383-1728
TITLE OF AGENDA ITEM:
CONSIDERATION of Board Signature of contract number 2008-470, regarding the Intergovenmental
Agreement (IGA) for the Oregon Department of Education -Child Nutrition Program.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
This is an annual agreement that the Juvenile Department has participated in for over 10 years. Through
this agreement, Deschutes County Juvenile detention is reimbursed per meal for a portion of the
expense for each breakfast, lunch and snack served to detainees.
FISCAL IMPLICATIONS:
There is $39,000 in revenue budgeted for 2008-09 fiscal year for this service.
RECOMMENDATION & ACTION REQUESTED:
Board Approval and Signature of contract number 2008-470.
ATTENDANCE: Jennifer LaMarche, Administrative Analyst
DISTRIBUTION OF DOCUMENTS:
Return originals to Jennifer LaMarche. She will forward to State for their signature.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: August 13, 2008
Contact Person:
Joyce Doherty
Contractor/Supplier/Consultant Name:
Child Nutrition Programs
Department:
Juvenile
Phone #:
503-378-5156
Oregon Department of Education -
Goods and/or Services: Participation in the national school lunch program with the
Oregon Department of Education.
Background & History: This is annual agreement that the Juvenile Department has
participated in for the last 10+ years. Deschutes County Juvenile Detention is
reimbursed per meal for a portion of the expense for each breakfast, lunch and snack
served to detainees. The meals are provided by contract with Aramark through the adult
jail kitchen.
Agreement Starting Date:
July 1, 2008
Annual Value or Total Payment:
Ending Date:
June 30, 2009
Claim based contract ($35,000-40,000)
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
N/A
II
II
II
Funding Source: (Included in current budget? IBJ Yes
II
If No, has budget amendment been submitted? I I Yes
Departmental Contact:
Title:
Deputy Director
Bob LaCombe
Department Director Approval:
No C
II
No
Phone #:
Signature
385-1728
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): 0 BOCC ❑ Department Director (if <$25K)
8/18/2008
❑ Administrator (if >$25K b; <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number AD0E - zP70
Date g- 2
8/18/2008
Oregon Department of Education
Public Service Building
255 Capitol St. NE
Salem, OR 97310
Office of Finance & Administration
Child Nutrition Programs
(503) 947-5891
OREGON DEPARTMENT OF EDUCATION -CHILD NUTRITION PROGRAMS
State Agency -Sponsor Agreement
Instructions: The Sponsor should complete and sign two copies and return both to Oregon Department of Education Child Nutrition Programs. The State
Agency will review, approve and return one signed original copy to you for your files.
NAME and ADDRESS OF SPONSOR
Deschutes County Juvenile Resource Center (Detention)
63360 NW Britta Street, Building One
Bend, OR 97701-9475
FOR USE BY ODE
AGREEMENT NO:
EFFECTIVE DATE:
The following documents shall be considered a part of this Agreement as applicable and are incorporated herein by reference:
NSLP, SBP, SMP
D Free and Reduced Price Policy
Statement
D Program Information
D Site Information
SFSP
D Program Information and Application
D Administrative & Operating Budget
D Site Application
O Free Meal Policy Statement
O Public Release for Open Sites
D Appeal Procedure
CFDP
O Commodity Delivery
Information
Mark each applicable box to indicate the programs you agree to operate:
CACFP
O Program Information
O Management Plan
O Administrative Budget
O Site Information
93.600.2292
Federal ID #
Type of Sponsor
National School
Lunch Program
School
Breakfast
Program
Special Milk
Program
Child & Adult
Care Food
Program
Summer Food
Service Program
Commodity
Food Distribution
Program
Public School
Private School
Public or Private Residential Child Care Institution
X
X
Nonresidential Child Care Institution or Head Start
Prog rams
Nonresidential Adult Care Institution
Sponsor of Family Day Care Homes
Service Institution (Includes Camps)
Nonprofit Summer Camps for Children
Other (Describe)
Authority:
42 USC 1751-1762a, 1765-1766b, 1769-1769h, , 1771-90, 3030a,
5179, 5180, as amended
5 USC 301
7 USC 612c, 612c note, 1431, 1431b, 1431e, 1431 note, 1446a-1,
1859, 2014,2025
15 USC 713c
22 USC. 1922
7 CFR 15, 15a, 15b, 210, 215, 220, 225, 226, 240, 245, 250, 3015 and
3016.
Oregon Administrative Rules: Chapter 581, Division 51 and
581-22-720
Definitions:
Child Nutrition Programs: Federally funded nutrition programs
administered by the United State Department of Agriculture (USDA)
according to the National School Lunch Act of 1946 (P.L. 79-396),
as amended, and the Child Nutrition Act of 1966 (P.L. 89-642), as
amended. Specifically, for the purpose of this agreement: the
National School Lunch Program (NSLP), School Breakfast Program
(SBP), Special Milk Program (SMP), Summer Food Service
Program (SFSP), Child and Adult Care Food Program (CACFP) and
Commodity Food Distribution Program (CFDP), herein referred to as
Program(s).
Federal Assistance: Any funding, property or aid which is provided
to a State Agency, Sponsor, SFA, Institution or Program Recipient
Agency for the purpose of providing Program benefits or services to
eligible participants.
Institution: A sponsoring organization, child care center, outside -
school -hours care center or adult day care center which enters into
an agreement with the State agency to assume final administrative
and financial responsibility for Program operations.
Form 581-3599-0 (Rev. 1/08) Page 1 of 5
Program Recipient Agency: Any eligible nonprofit organization that
receives food under 7CFR 250, Commodity Food Distribution Program.
School: An educational unit as defined in 7CFR 210, 215 and 220.
School Food Authority (SFA): The legal governing body responsible for
the administration of one or more schools and which has the egal
authority to enter into an agreement with the State Agency to operate
Child Nutrition Programs.
Sponsor: A public or private nonprofit or for-profit organization, whi :h is
approved to operate a Child Nutrition Program as defined in 7 CFR 215,
225 and 226. The Sponsor, SFA, Program Recipient Agency, Instit ition
or organization who is party to this contract.
State Agency: The State educational agency approved by the USE A to
administer Child Nutrition Programs within the State. For the purp ises
of this agreement, the State Agency is Oregon Department of Educ ition
(ODE).
REVISED
LEGAL COUNSEL
OC -2008-470
The State Agency agrees that to the extent that funds are available as
appropriated by Congress, to reimburse the Sponsor for the operation
of the Program(s) designated below, in accordance with applicable
regulations governing such Programs. The State Agency agrees to
make payments, where applicable, in accordance with 7CFR 240 (Cash
in Lieu of Donated Foods), and any amendments thereto; and/or to
donate foods to the Sponsor in accordance with 7CFR 250 (Commodity
Food Distribution Program). The State Agency further agrees to
disseminate a press release to notify the public of the availability of
Child Nutrition Programs and the eligibility criteria for free milk and free
and reduced -price meals and supplements (snacks) to all local news
media, the employment office and any major employers who are
contemplating layoffs in the attendance area of these Programs.
The Sponsor agrees to accept Federal funds and/or donated
foods for the operation of Programs as agreed to herein in
accordance with all applicable Program regulations and any
amendments thereto, and to comply with all the provisions thereof,
and with all Oregon statutes, administrative rules, policy manuals,
memorandums, guidance and instructions and any instruction or
procedures issued by USDA or the Oregon Department o1
Education in connection therewith. The Sponsor further agrees to
administer Programs funded under this Agreement in accordance
with provisions of 7CFR 3015 (Uniform Federal Assistance
Regulation), 7CFR 3016 (Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments Regulations), and/or 7CFR 3019 (Uniform
Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and other Non -Profit
Organizations), as applicable.
This Agreement shall be effective commencing on the date specified and
ending one year thereafter, unless terminated earlier as provided herein.
The State Agency may continue this Agreement each year thereafter, by
notice in writing given to the Sponsor as soon as practicable after funds
have been appropriated by Congress for carrying out any of the purposes of
the National School Lunch Act and of the Child Nutrition Act of 1966 and
other applicable legislation during each year. Continuation of the
Agreement however, shall be contingent on an acknowledgment by the
Sponsor, in writing, of its intention to continue program participation in
accordance with the provisions set forth in this Agreement. The Sponsor
shall notify the State Agency whenever significant changes occur in the
operation of their Program(s).
The Sponsor participation in any Program covered in this Agreement may
be terminated in accordance with the grant close-out procedures found in
7CFR 226, 7CFR Part 3015, Subpart N, or 7CFR Part 3016, Subpart D, as
applicable.
Either party hereto may, by giving at least 30 days written notice, terminate
this Agreement. Upon termination or expiration of this Agreement, as
provided herein, the State Agency shall: (1) make no further disbursement
of funds paid to the Sponsor in accordance with this Agreement, except to
reimburse the eligible Program Sponsor in connection with breakfasts,
lunches, suppers, supplemental meals (snacks) or milk served on or prior to
the termination or expiration date of this Agreement. The obligations of the
State Agency under the above-cited regulations shall continue until the
requirements thereof have been fully performed.
No termination or expiration of this agreement shall affect the obligation of
the Sponsor to maintain and retain records as specified herein anc to make
such records available for audit or investigation.
ASSURANCE OF CIVIL RIGHTS COMPLIANCE
The Sponsor assures that the Program(s) will be operated in compliance
with all applicable civil rights laws and will implement all applicable
nondiscrimination regulations. Unless otherwise made inapplicable by
law, the Sponsor hereby agrees that it will comply with Title VI and VII of
the Civil Rights Act of 1964 (42 USC 2000d 2000e-16), Title IX of the
Education Amendments of 1972 (20 USC 1681 et seq.), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794), the Age Discrimination Act
of 1975 (42 USC 6101 et seq.); the Americans with Disabilities Act of
1990 (P.L. 101-336), all provisions required by Department of Agriculture
Nondiscrimination Regulations (7CFR 15, 15a and 15b); Department of
Justice Enforcement Guidelines for Enforcement of Nondiscrimination in
Federally Assisted Programs, and the Food and Nutrition Services
directives and guidelines to the effect that no person shall be
discriminated against on the basis of race, color, national origin, gender,
age, or disability in employment or in any program or activity conducted
or funded by the Department. The Sponsor hereby assures that it will
immediately take measures necessary to effectuate this Agreement.
This assurance is given in consideration of and for the purpose of
obtaining any and all Federal financial assistance, grants and loans of
Federal funds; reimbursable expenditures; grant or donation of Federal
property and interest in property; the detail of Federal personnel; and the
sale and lease of, and the permission to use, Federal property or interest
Form 581-3599-0 (Rev. 1/08) Page 2 of 5
in such property or the furnishing of services without consideration or at a
nominal consideration, or at a consideration which is reduced for the
purpose of assisting the recipient, or in recognition of the public interest to
be served by such sale, lease or furnishing of services to the recipient, or
any improvements made with Federal financial assistance extended to the
Sponsor by the USDA or ODE. This includes any Federal agreement,
arrangement, or other contract which has as one of its purposes the
provision of assistance such as food, cash assistance for the purchase of
food, or any other financial assistance extended in reliance on the
representations and agreements made in this assurance.
By providing 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 USDA or ODE personnel
during normal working hours 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 or ODE shall have the right to
seek judicial enforcement of this assurance.
This assurance is binding on the Sponsor, its successors, trap: fers and
assignees as long as it receives assistance or retains possessic 1 of any
assistance from the State Agency. The persons whose signatures appear
below are authorized to sign this assurance on the behalf of the Sponsor.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this Agreement insofar as it relates to Child
Nutrition Programs (CNP) administration expenses, the Sponsor agrees
that: (1) It will not discriminate against any employee because of race,
color, national origin, gender, age, or disability. The Sponsor will take
affirmative action to assure that applicants are employed, and that
employees are treated during employment, without regard to their race,
color, national origin, gender, age, or disability. Such action shall include,
but not be limited to the following: employment upgrading, demotion, or
transfer, recruitment, or recruitment advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. The Sponsor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the State Agency setting forth the provisions of this
nondiscrimination clause. (2) The Sponsor will, in all solicitations or
advertisements for employees placed by or on behalf of the Sponsor, state
that all qualified applicants will receive consideration for employment
without regard to race, color, national origin, gender, age, or disability. (3)
The Sponsor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the State Agency, advising the
labor unions or workers' representative of the State Agency's
commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment. (4) The
Sponsor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor. (5) The Sponsor will furnish all information and
reports required by Executive Order No. 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records, and
accounts by the U.S. Department of Agriculture, the Secretary of Labor, or
State Agency for purposes of investigation to ascertain compliance with
such rules, regulations, and orders. (6) In the event of the Sponsor's
noncompliance with the nondiscrimination clauses of this Agreement, as it
relates to Child Nutrition Program expenses, the Agreement may be
canceled, terminated or suspended in whole or part and the Sponsor may
be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as
rule, regulations, or order of the Secretary of Labor, or as otherwise
proved by law. (7) The Sponsor will include the provisions of items (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Sponsor will take such action with respect to any subcontract or purchase
order as the U. S. Department of Agriculture or State Agency may direct
as a means of enforcing such provision, including sanctions for
noncompliance; provided, however that in the event the Sponsor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the U.S Department of Agriculture or State
Agency, the Sponsor may request the United States or Oregon
Department of Education to enter into such litigation to protect the
interests of the United States.
REQUIREMENTS FOR SPONSOR/SCHOOL FOOD AUTHORITY (SFA) PARTICIPATION IN
NATIONAL SCHOOL LUNCH PROGRAM, SCHOOL BREAKFAST PROGRAM AND SPECIAL MILK PROGRAM
This section applies only if the NSLP, SBP or SMP is checked on page 1 and the Sponsor agrees to operate the Program(s).
The Sponsor/SFA and participating schools and facilities under its
jurisdiction shall comply with all provisions of 7 CFR parts 210, 215, 220,
and 245. The Sponsor/SFA further agrees to the following specific
provisions, as applicable:
1. To maintain a nonprofit school food service and/ or a nonprofit milk
service.
2. To observe the limitations on the use of Program revenues set forth
in 7CFR 210.14a, 220.130) and 215.8 (d) (1) and the limitations on
any competitive school food service as set forth in 7CFR 210.11 b;
3. To limit its net cash resources to an amount that does not exceed
three months average expenditures for its nonprofit school food
service or such other amount as may be approved in accordance
with 7CFR 210.19a, 220.7 (e)(1)(1) and 220.130);
4. To maintain a financial management system as prescribed in 7CFR
210.14(c), 220.13(1) and 215.7(d)(6);
5. To comply with the requirements of the USDA regulations regarding
financial management (7CFR 3015, 3016, or 3019 as applicable);
6. To serve meals and supplements (snacks), which meet the
minimum requirements prescribed in 7CFR 210.10 and 220.8;
7. For pricing programs, to price meals and supplements as a unit;
8. To serve Program meals, milk and supplements (snacks) free or at
a reduced price to all children who are determined by the
Sponsor/SFA to be eligible for such meals under 7CFR 245;
9. If charging for meals or supplements (snacks), the charge for a
reduced price breakfast shall not exceed 30 cents, the charge for a
reduced price lunch shall not exceed 40 cents and the charge for a
reduced price supplement (snack) shall not exceed 15 cents;
10. To claim reimbursement at the assigned rates only for reimbursable
meals and supplements (snacks) served to eligible children. Agree
that the Sponsor/SFA authority official signing the claim shall be
responsible for reviewing and analyzing meal and milk counts to
ensure accuracy as specified in 7CFR 210.8, 220.11 and 215.11; 23.
11. To count the number of free, reduced price and paid reimbursable
Program meals at the point of service, as approved by the State
Agency;
12. To submit Claims for Reimbursement in accordance with 7CFR 210.8,
220.11, 215.9 and 215.11;
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Form 581-3599-0 (Rev. 1/08) Page 3 of 5
To comply with USDA requirements regarding nondiscrimination;
To make no discrimination against any child because of his or her
eligibility for free or reduced price meals, milk or supplements (snacks)
in accordance with the Free and Reduced Price Policy Statement
attached hereto;
To accept and use donated foods, in as large quantities as may be
efficiently utilized, as offered under provisions of 7CFR 250;
To maintain, in the storage, preparation and service of food and milk,
proper sanitation and health standards in conformance with all
applicable State and local laws and regulations;
To maintain necessary facilities for storing, preparing and serving food
and milk;
To obtain each school participating in the program a minimum of two
food safety inspections during the school year conducted by the State
or local governmental agency responsible for Food safety inspections
and publicly post inspection results;
To develop and maintain for each school a food safety p-ogram
complying with hazard analysis critical control points;
To establish a local wellness policy, including goals for nutrition
education, physical activity; nutrition guidelines for all foods available
on campus; guidelines for school meal not less restrictive than 7CFR
210.10 and 220.8 and implementation plan;
Upon request, to make all accounts and records pertain ng to
Programs available to the State Agency and to USDA Food and
Nutrition Service, for audit or review, at a reasonable time and place in
accordance with 7CFR 210.9(b)(17)(19), 220.7(e)(13).and 215.81d)(7);
To maintain files of currently approved and denied free and reduced
price applications and direct certification documentation. If the
applications and direct certification documentation are maintained at
the Sponsor/SFA level, they shall be readily retrievable by sct Dol or
site; and
To retain the individual applications for free milk and/or fre and
reduced price lunches and supplements (snacks) submitt, d by
families for a period of 3 years after the end of the fiscal year to which
they pertain except that, if audit findings have not been resolve i, the
records shall be retained beyond the 3 year period as long as re iuired
for the resolution of the issues raised by the audit.
REQUIREMENTS FOR SPONSORING ORGANIZATION OR INSTITUTION PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM
This section applies only if the CACFP is checked on page 1 and the Sponsor agrees to operate the Program(s).
The Sponsoring organization or Institution, as defined in 7CFR 226.2,
hereafter called the Sponsor, shall comply with all provisions of 7 CFR part
226. The Sponsor further agrees to the following specific provisions, as
applicable:
1. To accept final administrative and financial responsibility for total
Program operations at all centers and homes, as applicable;
2. To maintain a non-profit food service;
3. To ensure that child care centers, outside -school hours care centers,
adult day care centers and day care homes meet licensing/approval
criteria as set forth in 7 CFR 226.6(d) and 226.6(e), excepting license -
exempt institutions that may participate in the Program if they meet
health and safety standards;
4. To submit a management plan attached herewith and annually
hereafter that shall include detailed information on the organizational
administrative structure, staff assigned to Program management and
monitoring, administrative budget and procedures which will be used
by the Sponsor to administer the Program in and disburse payments to
the facilities under its jurisdiction;
5. To submit an administrative budget attached herewith and annually
hereafter;
6. For Proprietary Title XIX or Title XX centers, to provide documentation
herewith and monthly hereafter that they are currently providing
nonresidential day care services for which they receive compensation
under title XIX or title XX of the Social Security Act and that not less
than 25 percent of enrolled participants in each center during the most
recent calendar month were title XIX or title XX beneficiaries;
7. To determine that all meal procurements with food service
management companies are in conformance with the bid and
contractual requirements of 7CFR 226.22;
8. To serve meals and supplements (snacks) which meet the minimum
requirements prescribed in 7CFR 226.20;
9.
10.
11.
12.
13.
14.
15.
16.
To claim reimbursement at the assigned rates only for reimbursable
meals and supplements (snacks) served to eligible children according
to provisions set forth in 7 CFR part 226;
For operations with separate meal charges, to accept responsibility for
ensuring that free and reduced -price meals are served to participants
unable to pay the full price and to accept responsibility for ensuring
that eligibility of participants for free and reduced -price meals are
made according to the current USDA income standards;
If charging for meals or supplements (snacks), the charge for a
reduced price breakfast shall not exceed 30 cents, the charge for a
reduced price lunch shall not exceed 40 cents and the charge for a
reduced price supplement (snack) shall not exceed 15 cents.
To comply with USDA requirements regarding nondiscrimination;
For Day Care Home Sponsors, to reimburse day care homes under
their jurisdiction for eligible meals at rates set annually by Congress;
In the event of termination of this agreement, to repay within 30 days
outstanding advances which ODE cannot reclaim through the monthly
claim for reimbursement;
To accept unannounced visits by State Agency or USDA personnel in
the completion of their Program monitoring duties, to make all
accounts and records pertaining to Program(s) available to the State
Agency and to USDA Food and Nutrition Service, for audit or review,
at any reasonable time and place in accordance with 7CFR 226 and to
allow any publications related to Program operations to be freely
copied in the performance of Program duties; and
To retain the individual applications for free and reduced price meals
and supplements (snacks) submitted by families and all other required
Program records for a period of 3 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 3 year period as
long as required for the resolution of the issues raised by the audit.
REQUIREMENTS FOR SPONSOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM
This section applies only if the SFSP is checked on page 1 and the Sponsor agrees to operate the Program(s).
The Sponsor shall comply with all provisions of 7 CFR part 225. The
Sponsor further agrees to the following specific provisions, as applicable:
1. To retain final financial and administrative responsibility for the Program;
2. To operate a nonprofit food service; 9.
3. To serve meals which meet the requirements and provisions set forth 10.
in 7CFR 225.16 during times designated as meal service periods by
the sponsor
4. To serve the same meals to all children; 11.
5. To serve meals without cost to all children, except that camps, as
defined in 7CFR 225.2, may charge for meals served to children who
are not served meals under the Program; 12.
6. To Issue a free meal policy statement in accordance with 7CFR
225.6; 13.
7. To meet the training requirement for its administrative and site
personnel as required under 7CFR 225.15(d)(1); 14.
8. To claim reimbursement only for the type(s) of meals specified in this
agreement or in each annual update hereafter, and served without
charge to children at approved sites during the approved meal service 15.
period, except that camps, as defined in 7CFR 225.2, shall claim
reimbursement only for the type(s) of meals specified in the
agreement or in each annual update hereafter and served without
charge to children who meet the Program's income standards. This
agreement and each annual update hereafter shall specify the 16.
approved levels of meal service for the Sponsor's sites if such levels
Form 581-3599-0 (Rev. 5/08) Page 4 of 5
are required under 7CFR 225.6(d)(2). No permanent changes rnay be
made in the serving time of any meal unless the changes are approved
by the State Agency;
To submit claims for reimbursement in as specified in 7CFR 226 9;
In the storage, preparation and service of food, to maintain proper
sanitation and health standards in conformance with all applicable
State and local laws and regulations;
To accept and use, in quantities that may be efficiently utilized in the
Program, such foods as may be offered under 7CFR 250 (Commodity
Food Distribution Program);
To have access to facilities necessary for storing, preparing and
serving food;
To maintain a financial management system as prescribed by the State
Agency;
Upon request, to make all Program accounts and records available to
State, Federal, or other authorized officials for audit or administrative
review, at a reasonable time and place;
To maintain all Program records 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 be
retained until all issues raised by the audit or investigation have been
resolved; and
To maintain children on site while meals are consumed.
REQUIREMENTS FOR PROGRAM RECIPIENT AGENCY PARTICIPATION IN
COMMODITY FOOD DISTRIBUTION PROGRAM
This section applies only if the CFDP is checked on page 1 and the Sponsor agrees to operate the Program(s).
The Program Recipient Agency shall comply with all provisions of 7 CFR
part 250 and further agrees to the following specific provisions, as
applicable:
1. When receiving donated foods under this Program agreement, to
accept responsibility for any improper distribution or use of donated
foods or for any loss of, or damage to donated foods caused by the
Recipient Agency's fault or negligence;
2. To preserve a right to assert claims against other persons to whom
donated foods are delivered for care, handling or distribution;
3. To take action to obtain restitution in connection with claims for
improper distribution, use or Toss of, or damage to, donated foods;
and
4. To provide, on a timely basis, by amendment to this agreement,
any changed information, including, but not limited to, any changes
resulting from amendments to Federal regulatory requirements or
policy and any changes in site locations, and number of reals or
needy persons to be served.
CERTIFICATION REGARDING LOBBYING - CHILD NUTRITION PROGRAMS
This section is applicable to grants, subgrants, cooperative
agreements, and contracts exceeding $100,000 in Federal funds.
Submission of this certification is a prerequisite for making or entering
into this transaction and is imposed by Section 1352, Title 31, U.S.
Code. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
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.
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 any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of a federal contract, the
making of a federal grant, the making of a federal loan, the entering into
of a cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of a federal contract, grant, loan, or
cooperative agreement.
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 grant or cooperative
agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The language of this certification will be included in the award
documents for all covered sub awards exceeding $100,000 in
federal funds at all appropriate tiers and that all sub recipients shall
certify and disclose accordingly.
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/School Food Authority/Program Recipient
Agency, by the signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it
and agrees to be bound by its terms and conditions, and certifies that all information in the agreement is true and correct.
SPONSOR
OREGON DEPARTMENT OF EDUCATION
By (Signature)
By (Signature)
Type or print name of signee:
Joyce Dougherty
Title
Title: Child Nutrition Programs Director
Date
Date
Form 581-3599-0 (Rev. 5/08) Page 5 of 5