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

full and accurate records of operations under this Agreement, including those set forth herein, and retain such records for a period of three years after the end of the school year to which they pertain, unless such records are part of an unresolved audit or administrative review which thereby extends the three-year period. Records of revenue and expenditures shall be maintained in such a manner as to reflect the nonprofit status of the food service program or milk program. E. Claim reimbursement only for meals, snacks, or milk served to eligible children at the rate(s) assigned by the USDA in accordance with this Agreement. F. Claim no reimbursement for meals/snacks served on weekends or other days when school is not in session to students engaged in extracurricular events or activities such as football camp, band, or choral activities except that meals may be served on weekends in facilities for remanded children and the SSO may serve meals when school is not in session. DACS-01716 01/12 Page 8 of 26 G. Comply with all rules, guidance, and directives promulgated by the USDA and DACS. H. Submit claims for reimbursement via the Internet in accordance with procedures established by the DACS. Claims for reimbursement not filed within 30 days following the month for which the claim is made may be disallowed. Any exception to this requirement will be made at the discretion of the USDA, FNS. A one-time exception for late claim submission may be made at the discretion of the DACS. 1. Make available to the DACS, the USDA, and other state and federal authorities for review or audit, at any reasonable time and place, all accounts and records pertaining to operations under this Agreement. J, Limit the net cash resources for its nonprofit school food service program to an amount that does not exceed three months of average expenditures or such other amount as may be approved by the DACS. K. Comply with the Paid Lunch Equity provision. This provision is to ensure that sufficient funds are provided to the food service account for paid lunches. L. Comply with the Nonprogram Food Revenue provision. This provision is to ensure that revenues from the sale of nonprogram foods generate at least the same proportion as they contribute to LEA food costs. M. Serve lunch between 10 a.m. and 2 p.m. and breakfast and afterschool snacks during a period designated by the LEA that meets the requirements prescribed in 7 CFR Parts 210 and 220. N. Shall implement school breakfast programs that make breakfast meals available to all students in each elementary school. Offer Universal school breakfast programs in schools in which 80 percent or more of the students are eligible for free or reduced-price meals. Each school shall, to the maximum extent practicable, make breakfast meals available to students at an alternative site location, which may include, but need not be limited to, alternative breakfast options as described in publications of the FNS of the USDA for the federal SBP. O. Each school district must annually set prices for breakfast meals at rates that, combined with federal reimbursements, are sufficient to defray costs of the SBP without requiring allocations from the district's operating funds, except if the district school board approves lower rates. P. Each district school board is encouraged to provide universal-free breakfast meals to all students in each elementary, middle and high school. Each district school board shall approve or disapprove a policy, after receiving public testimony concerning the proposed policy at two or more regular meetings, which makes universal-free school breakfast meals available to all students in each elementary, middle, and high school in which 80 percent or more of the students are eligible for free or reduced-price meals. Q. Each elementary, middle, and high school shall make a breakfast meal available if a student - arrives at school on the school bus less than 15 minutes before the first bell rings and shall allow the student at least 15 minutes to eat the breakfast. R. Price the meal as a unit, except in nonpricing meal programs where no specific charge is DACS-01716 01/42 Page 9 of 26 made. S. Make lunches/breakfasts/snacks available at no cost or at a reduced price to all children who are determined under the LEA's current approved free and reduced-price Agreement to be eligible for free or reduced-price meals and snacks. Make free milk available (if applicable) to all eligible children whenever it is provided under the SMP. T. Maintain files of currently approved and denied free and reduced-price meal benefit applications. If meal benefit applications are maintained at the LEA level, they shall be readily retrievable by each site. U. Comply with the USDA regulations regarding nondiscrimination (7 CFR 15). V. Retain household applications for free and reduced-price meals and snacks and free milk three years after the end of the fiscal year to which they pertain. If audit or administrative review 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 or administrative review. W. Meet the requirements specified in 7 CFR 245, “Determining Eligibility for Free and Reduced-Price Meals and Free Milk in Schools.” X. Do not discriminate against any child because of his or her inability to pay the full price of the meal, snack, or milk. Y. Store, prepare, and serve food following proper sanitation and health standards in conformance with all applicable state and local laws and regulations. Z. Purchase foods designated as plentiful by the USDA in quantities as large as can be efficiently utilized in its food service program. AA. Accept and use foods offered as a donation by the USDA in quantities as large as can be efficiently utilized in its nonprofit food service program and enter into an agreement to receive donated foods as required by 7 CFR 250.12(b). BB. Maintain necessary facilities for storing, preparing, and serving food. CC. Comply with the requirements of 7 CFR 210.21 and the USDA's Uniform Federal Assistance Regulations, 7 CFR Parts 3016 and 3019 Subpart S, concerning the procurement of supplies, food, equipment, and other services with program funds. Compliance does not relieve LEA of any contractual responsibilities. The LEA is the responsible authority, without recourse to the DACS or the USDA, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurement entered into under this program. DD. Issue a news release to local major newspapers, employers contemplating large layoffs, and unemployment agencies informing the public of the various nutrition programs available. EE. Attend all training required by the DACS/USDA. FF. Maintain and update their wellness policy as required. New sponsors must create a local DACS-01716 01/2 Page 10 of 26 school wellness policy as provided in Section 204 of Public Law 108-265, Richard B. Russell NSLA (42 U.S.C. 1751 et seq.), or the CNA of 1966 (42 U.S.C. 1771 et seq.). GG. Maintain and update as necessary their Hazard Analysis Critical Control Point (HACCP) policies and procedures. New sponsors must develop and implement a comprehensive food safety program based on “Guidance for School Food. Authorities: Developing a School Food Safety Program Based on the Process Approach to HACCP Principles,” issued by USDA, FNS. HH. Ensure, to the extent practicable, that the federal reimbursements, children’s payments, and I. Js. other nondesignated nonprofit food service revenues do not subsidize program meals served to nonprogram adults. Meals served to adults who are directly involved in the operation and administration of the school nutrition programs may, at the discretion of the LEA, be furnished at no charge. As such, their cost may be fully attributed to and supported by the nonprofit food service operation. Meals served to these adults may not be claimed for reimbursement or counted towards the donated foods entitlement. The number of individuals, positions involved, and the degree to which their services are attributed to the nonprofit food service program operations will be determined by mutual agreement between DACS and the LEA. Adult meal prices should be calculated as follows: 1. In pricing programs, breakfasts and lunches served to teachers, administrators, custodians, and other adults must be priced so that the adult payment in combination with any per-lunch revenues from other sources designated specifically for the support of adult meals (such as state or local fringe benefit or payroll funds, or funding from voluntary agencies) is sufficient to cover the overall cost of the meal, including the value of any USDA entitlement and bonus donated foods used to prepare the meal. If cost data is not available, the minimum adult payment should reflect the price charged to students paying the school’s designated full price plus the current value of federal cash and donated food assistance (entitlement and bonus) for full-price meals. 2. In nonpricing programs, the adult charge should be at least the amount of reimbursement received for a free lunch under Sections 4 and 11 of the NSLA, plus the per-meal value of both entitlement and bonus donated foods, or for breakfasts, the rate established for free meals under Section 4 of the CNA, plus the value of bonus commodities. Conduct activities under this Agreement on a nondiscriminatory basis in accordance with 34 CFR Parts 100, 104, and 106 and Title 45 CFR Part 90 (relating to nondiscrimination on the basis of race, color, national origin, age, sex, or disability), the Civil Rights Act of 1870, as amended, (42 U.S.C. 1981 et seq.), the Federal Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101-6107), the Americans With Disabilities Act of 1990, the Fair Labor Standards Act (29 U.S.C. 201-219), Davis-Bacon Act (40 U.S.C. 276(a)), Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 1415, 2473, 3307, 4601, 4602, 4621-4655), Equal Pay Act (29 U.S.C. 206), Title 34 CFR Parts 98 and 99, and OMB Circulars A-87 and A-102, as applicable. If the LEA is a school district, intermediate unit, area vocational-technical school, or other LEA, or a state or public agency, it further assures that its employees and officials whose principal employment is in connection with an activity funded with federal grant money shall not engage in any political activities barred by the Hatch Act, 5 U.S.C. 1501 et seq. No later than December 31 of each year, provide the DACS with a list of all elementary schools 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 in the DACS-01716 01/12 Page 11 of 26 preceding October. The DACS may designate a month other than October for the collection of this information, in which case the list must be provided to the DACS within 60 calendar days following the end of the month designated by the DACS. In addition, each LEA shall provide, when available for the schools under its jurisdiction, and upon the request of a sponsoring organization of day care homes of the Child and Adult Care Food Program, information on the boundaries of the attendance areas for the elementary schools identified as having 50 percent or more of enrolled children certified eligible for free or reduced-price meals. PROGRAM REQUIREMENTS It is acknowledged that the Parent Letter, Income Eligibility Guidelines, and Meal Benefit Application for Free or Reduced-Price Meals and/or Snacks and/or Free Milk are incorporated into this Agreement. In fulfilling its responsibilities and in consideration of the reimbursement received for meals/snacks/milk served in accordance with the applicable program and this Agreement, the LEA: A. Agrees