Okaloosa County BOCC — February 11, 2013 — 01-0303 Okaloosa Co BOCC — reading text

Florida Department of Agriculture and Consumer 'sé Division of Food, Nutrition and Wellness ‘ NATIONAL SCHOOL LUNCH AND B ADAM H. PUTNAM PROGRAM SPONSOR AGREEMENT COMMISSIONER AGREEMENT NO.: _({-0303 SPONSOR: OKaloosa Cound ROC 4 - Agreement Between the Local Educational Agency and the Florida Department of Agriculture and Consumer Services for the National School Lunch, School Breakfast, Afterschool Snack, Summer Food Service, Seamless Summer Option, and Special Milk Programs. INSTRUCTIONS: (1) AGREEMENT: Three originals of this Agreement must be signed in ink and submitted to the Florida Department of Agriculture and Consumer Services (DACS) as part of the application process. (2) LOCAL EDUCATIONAL AGENCY’S (LEA) COPY: When this Agreement is approved, one original will be returned for the files of the LEA. No monies or other benefits may be paid out under these programs unless this Agreement is completed, approved, and filed as required by 7 CFR Parts 210, 215, 220, 225, 245, 3016, and 3019. GENERAL APPLICABLE TERMS AND CONDITIONS NOTE: Regulations stipulate that a sponsor shall not be reimbursed for any meals, snacks, and/or milk served after October 15 of any fiscal year unless the Free and Reduced-Price Agreement has been approved by the DACS. This Agreement is between the LEA and the DACS for purposes of the National Schoo! Lunch Program (NSLP), School Breakfast Program (SBP), Afterschool Snack Program (ASSP), Summer Food Service Program (SFSP), Seamless Summer Option (SSO), and Special Milk Program (SMP) (7 CFR Parts 210, 220, 215, and 225). “‘School” is defined in the Agreement between the LEA and DACS (see page 3). For purposes of this Agreement, schools and institutions serving breakfasts, lunches, snacks, or milk under one or more of the child nutrition programs are referred to as the “LEA.” The designated LEA has agreed to participate in the NSLP, SBP, ASSP, SFSP, SMP, and/or SSO and accepts responsibility for providing free and reduced-price meals, snacks, and/or free milk to eligible children under its jurisdiction. The LEA assures the DACS that the following Agreement will be uniformly implemented to determine children's eligibility for free meals and/or snacks in the SFSP and SSO, for free or reduced-price meals in the NSLP and SBP, snacks in the ASSP, or free milk under the SMP in schools, camps, and institutions under its jurisdiction. DACS, to the extent funds are available, will reimburse the eligible LEA for the programs operated by it, in accordance with one or more of the following regulations applicable to such programs: NSLP and SSO Regulations (7 CFR 210), ASSP Regulations (7 CFR 210), SSO and SFSP Regulations (7 CFR 225), SMP Regulations (7 CFR 215), SBP Regulations (7 CFR 220), and any amendments thereto. DACS-01716 01/12 Page 1 of 26 The LEA agrees to accept federal funds in accordance with the applicable regulations and any amendments thereto, and to comply with all provisions thereof, and with any instructions or procedures issued in connection therewith. The LEA further agrees to administer programs funded under this Agreement in accordance with provisions of the Uniform Federal Assistance Regulations (7 CFR 3015). The LEA shall ensure that a Company/Food Service Management Company (FSMC) fully discloses all discounts, rebates, allowances, and incentives received by the Company from its suppliers. If the Company receives a discount, rebate, allowance, or incentive from any supplier, the Company must disclose and return to the LEA the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the LEA. All discounts, rebates, allowances, and incentives must be returned to the LEA during a mutually agreed-upon time frame that is beneficial to the LEA. Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates, and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the LEA. For the purpose of this Agreement, the following terms will mean: 1. Adult: Any individual 21 years of age or older. 2. Child: (1)(a) In schools as defined in this Agreement, a student of high schoo! grade or lower as determined by the Florida Department of Education who is enrolled in an educational unit of high school grade or lower as described in the definition of “School,” including students who are mentally or physically disabled as defined by the state and who are participating in a school program established for the mentally or physically handicapped, or (b) a person under 21 chronological years of age who is enrolled in an institution or center as described in the definition of “School” (see page 3). (2) For purposes of reimbursements for meal supplements served in afterschool care programs, an individual enrolled in an afterschool care program operated by an eligible school who is 12 years of age or under, or in the case of children of migrant workers, and children with disabilities not more than 15 years of age. (3) For purposes of the SFSP, persons of 18 years of age and under, and persons over 18 years of age who are determined by a state educational agency or a local public educational agency in Florida to be mentally or physically handicapped and who participate in a public or nonprofit private school program established for the mentally or physically handicapped. 3. Commodity School Program: The program under which participating schools operate a nonprofit lunch program in accordance with this part and receive donated food assistance in lieu of general cash assistance. These schools do not participate in the NSLP 7 CFR 210, but enter into an agreement as provided in 7 CFR 210.15 a(b) to receive commodities donated under Part 250 for a nonprofit lunch program. 4. LEA: The governing body that is responsible for the administration of one or more schools and that has the legal authority to operate a lunch, breakfast, snack, and/or milk program. 5. Meals: Food served to children at a food service site and which meets the nutritional DACS-01716 01/12 Page 2 of 26 requirements set forth in regulations for each meal type. 6. Milk: (1) Pasteurized fluid types of unflavored or flavored whole milk, low-fat milk, skim milk, or cultured buttermilk that meet state and local standards. For the purpose of SMP, all milk should contain vitamins A and D at levels specified by the Food and Drug Administration and must be consistent with state and local standards for such milk. (2) For the purpose of SBP, in the meal pattern for infants (up to one year of age), milk means breast milk or iron fortified formula, or portions of both, may be served; however, it is recommend that breast milk be served in place of formula from birth through 11 months. 7. Nonprofit: When applied to schools or institutions eligible for the program, exempt status from income tax under Section 501(c)(3) of the Internal Revenue Code of 1986. 8. Nonprofit Food Service Program or Nonprofit Milk Program: Food or milk service maintained by, or on behalf of, the school or child care institution for the benefit of the children, all of the revenue from which is used solely for the operation or improvement of such food service programs or milk program. 9, Offer vs. Serve (OVS): (a) For purpose of NSLP, schools must offer at least three menu items for lunches. Senior high ( as defined by Department of Education) school students must select at least two menu items and are allowed to decline a maximum of two menu items. The student must always take the entrée. At the discretion of the LEA, students below the senior high level may also participate in OVS. (b) For the purpose of SFSP, a child may decline only one food item offered at breakfast and up to two food items offered at lunch. There is no OVS option for snacks. 10. School: (a) An educational unit of high school grade or lower, recognized as part of the educational system in Florida and operating under public or nonprofit private ownership in a single building or complex of buildings, including any public or nonprofit private classes of preprimary grade when conducted in those schools defined in part (a) of this definition; (b) Any public or nonprofit private residential child care institution (RCC]) or distinct part of such institution that operates principally for the care of children and, if private, is licensed to provide residential child care services under the appropriate Florida licensing code or a subordinate level of government, except residential summer camps that participate in the SFSP for Children, Job Corps Centers funded by the Department of Labor, and private foster homes. RCCI includes, but is not limited to, homes for the mentally, emotionally, or physically impaired; homes for unmarried mothers and. their infants; group homes; halfway houses; orphanages; temporary shelters for abused children and for runaway children; long-term care facilities for chronically ill children; and juvenile detention centers. A long-term care facility is a hospital, skilled nursing facility, intermediate care facility, or distinct part thereof, which is intended for the care of children confined for 30 days or more. 11. School Week: The period of time used to determine compliance with the nutrition standards and the appropriate calorie and nutrient levels in 7 CFR 210.10 and 220.8. If applicable, the school week is the basis for conducting Nutrient Standard Menu Planning or Assisted Nutrient Standard Menu Planning for lunches as provided in 7 CFR Parts 210.10(i) and 210.10(j) and breakfasts as provided in 220.8(e) and 220.8(f).. The period shall be a normal school week of five consecutive days; however, to accommodate shortened weeks resulting from holidays and other scheduling needs, the period shall be a DACS-01716 01/12 Page 3 of 26 minimum of three consecutive days and a maximum of seven consecutive days. Weeks in which school lunches or breakfasts are offered less than three times shall be combined with either the previous or the coming week. 12. School Year: A period of 12 calendar months beginning July | of any year and ending June 30 of the following year. 13. Site: A physical location at which a sponsor provides a food service for children and at which children consume meals in a supervised setting. 14. Snacks (or meal supplement): Food. served at an eligible ASSP site that meets the applicable component requirements for meals specified in 7 CFR 210.10(n). 15. Special Needs Children: Children who are emotionally, mentally, or physically disabled. 16. Sponsor: For the purpose of SFSP, a public or private nonprofit school food authority, a public or private nonprofit residential summer camp, a unit of local, municipal, county or state government, a public or private nonprofit college or university currently participating in the National Youth Sports Program, or a private nonprofit organization which develops a special summer or other school vacation program providing food service similar to that made available to children during the school year under the NSLP and SBP and which is approved to participate in the program. ASSURANCE OF CIVIL RIGHTS COMPLIANCE UNDER NSLP, SMP, ASSP, SSO, SMP, AND SFSP The program applicant 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 SO.3 and 42; and the Food and Nutrition Service (FNS) directives and