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

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 program applicant receives federal financial assistance from FNS; and gives assurance that it will immediately take measures necessary to effectuate this Agreement. By accepting this assurance, the program applicant agrees to compile data, maintain records, and submit reports as required to permit effective enforcement of the nondiscrimination laws and permit authorized DACS 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, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the program applicant, 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 program applicant. DACS-01716 01/12 Page 4 of 26 THE DACS AND THE LEA MUTUALLY AGREE THAT: A. The Sponsor Application, site information, and Policy Statement for determining eligibility for free or reduced-price meals are all part of this Agreement. B. Schools and/or sites may be added or deleted, as appropriate, and the references herein to the site information shall be deemed to include changes to site information as amended. The DACS must approve any changes to the site information. C. The DACS shall promptly notify the LEA of any change in the minimum meal requirements or the assigned rates of reimbursement. D. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. AUDITS UNDER NSLP, SMP, ASSP, SSO, SMP, AND SFSP: AUDIT REQUIREMENTS The DACS provides federal financial assistance to a variety of entities that must comply with all federal and state audit requirements including the Single Audit Act of 1984, as amended, (31 ULS.C. 7501 et. seq.); Office of Management and Budget (OMB) Circular A-133; Catalog of Federal Domestic Assistance (CFDA); Audits of State, Local Governmental Units, and Non- Profit Organizations, as amended; and any other applicable law or regulation and any amendment to such other applicable law or regulation that may be enacted or promulgated by the federal government. If the LEA is a local government or nonprofit organization and expends total federal awards of $500,000 or more during its fiscal year, received either directly from the federal government or indirectly from a recipient-of federal funds, the LEA shall have an audit made in accordance with the provisions of OMB Circular A-133. If the nonprofit LEA expends less than $500,000 of federal financial assistance during its fiscal year, the LEA is exempt from these audit requirements but is required to maintain records of federal financial assistance and to provide access to such records by federal and state agencies or their designees. If the LEA is a nonprofit institution that is not subject to the provisions of the revised OMB Circular A-133, or is a for-profit organization, the LEA shall be subject to the audit requirements of the laws and regulations governing the program(s) in which it participates. PERIOD SUBJECT TO AUDIT AND AUDIT FREQUENCY. A single audit or program- specific audit made in accordance with OMB Circular A-133 shall encompass the fiscal period of the LEA and shall be performed on an annual basis. SUBMISSION OF AUDIT REPORT. If a single audit, organization-wide, or a program- specific audit is made in accordance with the provisions of OMB Circular A-133, the LEA must submit the audit report within 30 days after the audit has been issued. The audit shall be completed and the report submitted no later than nine months after the end of the LEA's fiscal year. The LEA shall submit a copy of the audit report to: DACS-01716 01/12 Page 5 of 26 Program Administrator Division of Food, Nutrition and Wellness Florida Department of Agriculture and Consumer Services 600 S. Calhoun Street, Suite 120 Tallahassee, Florida All auditees shall submit a copy of the audit report to the Federal Auditing Clearinghouse in accordance with OMB Circular A-133, Section 320(d). The address for the currently designated clearinghouse is: Financial Standards and Reporting Branch Office of Federal Financial Management Office of Management and Budget Washington, D.C. 20503 Phone — (202) 345-3993 GENERAL AUDIT PROVISIONS. The LEA is responsible for obtaining the necessary audit in accordance with audit requirements of OMB Circular A-133. The DACS reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by the DACS or federal agencies. Any such additional audit work will rely on work already performed by the LEA's auditor and the costs for any additional work performed by the federal or state agencies will be borne by those agencies at no additional expense to the LEA. Audit working papers and audit reports shall be retained by the LEA's auditor for a minimum of three years from the date of the audit report, unless the LEA's auditor is notified in writing by the DACS or the appropriate federal agency to extend the retention period. Audit working papers shall be made available upon request to the DACS, the federal agency, or the General Accounting Office. CFDA reporting numbers are as follows: Program Federal Code Federal CFDA Regulation NSLP, including ASSP/SSO NSLA (42 USC 1751-69h) 7CFR210 | 10.555 7 CFR 245 SBP NSLA (42 USC 1771-9] 7 CFR 220 | 10.553 7 CFR 245 SFSP NSLA (42 USC 1751-69h) 7 CFR 225 | 10.559 SMP CNA of 1966 (42 USC 1771- | 7 CFR 215 | 10.556 91) 7 CFR 245 CONTRACTOR INTEGRITY CLAUSE A. Definitions. 1. “Confidential information” means information that is not public knowledge or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another entity desiring to contract with the state. 2. “Consent” means a written acceptance or agreement signed by an authorized employee of DACS-01716 01/12 Page 6 of 26 G. H. K. the DACS. 3. “FSMC” means the individual or legal entity that has registered with the state, including directors, officers, partners, managers, key employees, and owners of more than a five percent (5%) interest. 4. “Financial interest” means (1) ownership of more than a five percent (5%) interest in any business; or (2) holding a position such as an officer, director, trustee, partner, employee, or any position of management. 5. “Gift” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, items, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The LEA shal! maintain the highest standards of integrity in the performance of this Agreement and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the state. The LEA shall not disclose to others any confidential information gained by virtue of this Agreement. . The LEA shall not, in connection with this or any other agreement with the state or LEA, directly or indirectly offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the state or LEA. The LEA shall not, in connection with this or any other agreement with the state, directly or indirectly offer, give, agree, or promise to give to anyone any gift for the benefit of or at the direction or request of any officer or employee of the state. Except with the consent of the DACS, neither the LEA nor anyone in privity with it shall accept or agree to accept from, or give or agree to give to, any person any gift in connection with the performance of work under this Agreement except as provided therein. Except with the consent of the DACS, the contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project. The LEA, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the DACS in writing. The LEA, by execution of this Agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that it has not violated any of these provisions. The LEA, upon the inquiry or request of the Inspector General of DACS or any of that official's agents or representatives, shall provide or, if appropriate, make promptly available for inspection or copying any information of any type or form requested by the Inspector General. Such information may include, but shall not be limited to, the contractor's business or financial records, and documents or files of any type or form that refer to or concern this Agreement. Such information shall be retained by the LEA for three years beyond. the termination of the contract unless otherwise provided by law (Section 287, F.S.). For violation of any of the above provisions, the DACS may terminate this and any other DACS-01716 01/12 Page 7 of 26 agreement with the contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, and claim damages for all expenses incurred in obtaining another contractor to complete performance hereunder. These rights and remedies are cumulative and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the state may have under law. CERTIFICATION REGARDING LOBBYING (Pursuant to 7 CFR 3018) The undersigned certifies that no federally appropriated funds have been paid or will be paid, by or on the behalf of the undersigned, to any person for influencing a member 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, or modification of a federal contract, grant loan, or cooperative agreement. The language of this certification will be included in the award documents for all covered subawards exceeding $100,000 in federal funds and all subrecipients shall certify accordingly. UNDER THE NSLP, SBP, ASSP, SMP, AND SSO PROGRAMS THE LEA AGREES THAT, for each school listed in the site information, it will conduct the indicated program(s) in accordance with state and federal laws and regulations, and will conform to the following requirements in the conduct of each program (unless the requirement is restricted to a particular program): A. Operate a nonprofit food service program and/or operate a nonprofit milk program. Program revenue can be used only for program purposes, except that such revenue shall not be used to purchase land or to purchase, acquire, or construct buildings. The LEA will observe the limitations on the use of revenues set forth in 7 CFR Parts 210.19(a) and 210.14(a). B. Establish such rules or regulations as are necessary to control the sale of foods in competition with meals served under the program pursuant to 7 CFR 210.11(b) and other applicable federal and state regulations (SBE Rule 7.042(c)). C. Maintain a financial management system as prescribed by the DACS. D. Maintain