MESA SCHOOL DISTRICT IGA FOR FOOD SERVICE DELIVERY.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
MESA UNIFIED SCHOOL DISTRICT
Agreement Number:
Agreement Amount: $90,895.00
Start Date: October 1, 2019
Termination Date: September 30, 2020
This Intergovernmental Agreement (“Agreement”) for services is entered into between Mesa
Unified School District, (hereinafter referred to as the “District”), and Maricopa County,
administered by its Human Services Department, (hereinafter referred to as the “County”). The
District and County are collectively referred to herein as the “Parties” and individually as a “Party.”
All rights and obligations of the Parties shall be governed by the terms of this Agreement, its
exhibits, attachments, and appendices, including any Subcontracts, Amendments, or Change
Orders as set forth herein.
Notice under this Agreement shall be given by personal delivery or by registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set forth and shall
be effective three (3) days after being mailed unless otherwise indicated in the notice:
District Representative: Dr. Ember Conley, Superintendent
Address: 143 S. Alma School Road, Mesa, AZ 85210
Email: mehead@mpsaz.org
Phone: 480-472-0200
County Representative: Evangelina Del Real, Assistant Director Early Education Division
Address: 234 N. Central, 3rd Floor, Phoenix, AZ 85004
Email: eve.delreal@maricopa.gov
Phone: 602-372-3700
This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any Party hereto. Nothing in this Agreement shall be construed as consent to
any lawsuit or waiver of any defense in a lawsuit brought against the State of Arizona, County, or
the District in any State or federal court.
[Signatures on following page]

IGA with Mesa Unified School District
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
MESA UNIFIED SCHOOL DISTRICT MARICOPA COUNTY
Authorized Signature Chairman, Board of Supervisors
Attested to:
Fran McCarroll, Clerk of the Board Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for District Date Attorney for District Date
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1.0 PURPOSE
1.1 The purpose of this Agreement is to establish the terms and conditions governing
the County’s purchase of full-service food catering services of nutritious meals and
snacks that meet Child and Adult Care Food Program (CACFP), guidelines and
contain at least one-third (1/3) of the daily-recommended dietary allowances for
the County’s Head Start program.
1.2 The District, for and in consideration of the covenants and conditions set forth in
this Agreement, shall provide and perform the services set forth herein.
1.3 The District shall immediately notify the County’s representative whenever the
District is unable to or anticipates an inability to provide any of the services required
by the terms of this Agreement.
2.0 TERM
The term of this Agreement shall commence on October 1, 2019 and shall remain in effect
until September 30, 2020. The Agreement shall become effective upon approval and
signature by the Parties.
3.0 RENEWAL
The Agreement may be renewed by a written amendment two (2) times for a period of one
(1) year each, provided however, that District is in full compliance with all terms and
conditions of this Agreement. The County shall notify the District in writing of its intent to
extend the contract term at least thirty (30) calendar days prior to the expiration of the original
contract term, or any additional terms thereafter.
4.0 FUNDING
4.1 The County shall reimburse the District a fixed price amount not-to-exceed Ninety-
Thousand, Eight Hundred Ninety-Five dollars ($90,895).
5.0 AVAILABILITY OF FUNDS
5.1 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the District, as
provided herein, are actually available to the County for disbursement. The County
shall be the sole authority in determining the availability of funds under this
Agreement and the Department shall keep the District fully informed as to the
availability of funds.
5.2 If any action is taken by any State agency, federal department or any other agency
or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in
connection with this Agreement, the County may amend, suspend, decrease or
terminate its obligations under or in connection with this Agreement. In the event of
termination, the County shall be liable for payment only for services rendered prior
to the effective date of the termination, provided that such services performed are in
accordance with the provisions of this Agreement. The County shall give written
notice of the effective date of any suspension, amendment, or termination under this
section at least ten (10) calendar days in advance.
6.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
7.0 TERMINATION
7.1 Pursuant to A.R.S. §38-511, the County may cancel this Agreement without penalty
or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
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contract on behalf of the County is at any time while the Agreement or any extension
of the Agreement is in effect, an employee or agent of any other party to the
Agreement in any capacity or consultant to any other party of the Agreement with
respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-
511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the County from any other party to the contract arising as the
result of the Agreement
7.2 Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by the Board
of Supervisors under the Availability of Funds provision). The notice shall be given
by personal delivery or by registered or certified mail, postage prepaid and return
receipt requested, to the persons at the addresses set forth on the Cover Page of
this Agreement. This Agreement may be terminated by mutual written agreement of
the Parties specifying the termination date therein.
7.3 The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County determines that the health or welfare of the service
recipients are endangered, or the District’s non-compliance jeopardizes funding
source financial participation. If not terminated by one of the above methods, this
Agreement shall terminate upon the expiration of the term of this Agreement stated
on the Cover Page of this Agreement.
7.4 In accordance with 2 CFR § 200, County may suspend or terminate this Agreement
if District violates any term or condition of this Agreement or if District fails to maintain
a good faith effort to carry out the purpose of this Agreement.
7.5 County or District may terminate this Agreement for convenience in accordance with
2 CFR § 200. Both Parties shall agree upon the termination conditions including the
effective date of the termination. The party initiating the termination shall notify the
other party in writing stating the reasons for such termination.
8.0 CHANGES
Changes may be executed at any time by written Change Order/Administrative Change
executed by the Director of the County’s Human Services Department, within the general
scope of this Agreement in any one or more of the following areas:
8.1 Modifications to the services schedule as long as it does not extend or shorten the
term of the Agreement;
8.2 Minor changes in the Agreement, provided the overall scope of work for the project
is unchanged;
8.3 Modifications to terms consistent with any changes required by Federal, State, or
County regulations ordinances or policies;
8.4 Modifications to administrative requirements such as changes in reporting periods,
frequency of reports, or report formats required or local regulations, policies or
requirements.
9.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS
The District shall comply with all applicable federal, State, and local laws, rules, and
regulations, including, without limitation, those referred to in this Agreement.
10.0 GENERAL REQUIREMENTS
10.1 The terms of this Agreement shall be construed in accordance with Arizona law. Any
lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County, Arizona.
10.2 The District shall without limitation, obtain and maintain all licenses, permits and
authority necessary to do business, render services and perform work under this
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Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance, and workers’ compensation.
10.3 The District is an independent contractor in the performance of all work and the
provision of all services under this Agreement and the District shall not be
considered an officer, employee, representative, or agent of the County.
10.4 The District shall comply with the regulations prohibiting a conflict of interest and
shall not make any payments, either directly or indirectly, to any person, partnership,
corporation, trust or other organization that has a substantial interest in the District's
organization or with which the District (or one of its directors, officers, owners, trust
certificate holders or a relative thereof) has a substantial interest, unless the District
has made full written disclosure of the proposed payments to the County and has
received written approval therefore.
10.5 For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
10.6 The District hereby accepts the funding amount under the terms of this Agreement
and agrees to execute and return this Agreement to the County within 30 days of
receipt unless the District received a written waiver of this requirement by the
County.
11.0 SAFEGUARDING OF PARTICIPANT INFORMATION
11.1 The use or disclosure by District of any information concerning an applicant for, or
recipient of services under this Agreement is directly limited to the conduct of this
Agreement. The District and its agents shall safeguard the confidentiality of this
information, just as District would safeguard its own confidential information. District
shall include a clause to this effect in all subcontracts related to this Agreement.
11.2 The District shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161 et.seq.
12.0 RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided by law or applicable regulation. Each
Party shall supply to the other Party, upon request, any available information that is relevant
to this Agreement and to the performance hereunder.
13.0 ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation or duty under this Agreement may be assigned, delegated or
subcontracted, in whole or in part, by the District without the prior written approval of the
County. The District shall bear all liability under this Agreement, even if it is assigned,
delegated or subcontracted, in whole or in part, unless the County agrees otherwise.
14.0 DISPUTES
14.1 Except as may otherwise be provided for in this Agreement, the parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed one hundred twenty (120) days. Disputes
which are not resolved in that time period, shall be submitted in accordance with the
following formal dispute resolution process.
14.2 If a dispute cannot be resolved informally, the District shall notify the Department in
writing by mailing notice of the dispute to the Assistant Director within ten (10)
working days from expiration of the informal dispute resolution process described in
paragraph 1 above. The Assistant Director, as applicable, shall respond in writing to
the District within fourteen (14) working days of receipt of the District’s written notice.
The decision of the Assistant Director shall be final and conclusive unless, within
seven (7) working days from the date the District receives the decision, the District
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files a written notice of appeal with the Department’s Director who shall provide the
District with a written response within fourteen (14) working days following receipt of
the District’s notice of appeal. The decision of the Director shall be final.
15.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE
15.1 Notwithstanding anything to contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
15.2 This Agreement may be immediately terminated by the County if the District defaults
by failing to perform any objective or breaches any obligation under this Agreement,
or any event occurs that jeopardizes the District’s ability to perform any of its
obligations under this Agreement. The County reserves the right to have service
provided by persons other than the District if the District is unable or fails to provide
required services within the specified time frame in the work statement.
15.3 Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been paid), the
reimbursement of funds improperly expended, or the recovery of funds improperly
acquired. Noncompliance includes, but is not limited to:
15.3.1 Non-performance of any obligations required by this Agreement.
15.3.2 Non-compliance with any applicable federal, state, or local laws, rules or
regulations, including guidelines, policies, or directives.
15.3.3 Unauthorized expenditure of funds.
15.3.4 Non-compliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 CFR §200 et
seq.
15.3.5 Non-compliance with recordkeeping, record retention, or reporting
requirements.
15.4 Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the District shall, without intent to
limit or with restrictions, be subject to the following:
15.4.1 Funding shall be immediately revoked, and any approvals related to the
services described herein shall be deemed revoked and canceled. Thereby,
any entitlements to compensation after suspension or termination of this
Agreement are similarly revoked and unavailable.
15.4.2 Not be relieved of any liability or responsibility associated with service
delivery.
15.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the District at the time of suspension or
termination, or that may accrue later. Nothing herein shall be construed to
limit or terminate any right or remedy available under contract or rule.
15.4.4 Wavier of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other term,
covenant, condition, law, rule, or regulation.
15.5 The District shall, upon notice or with knowledge obtained by itself or others, take
any and all proactive actions necessary, and provide any and all applicable remedies
to address and correct any act by itself, its employees, officials, successors, assigns,
contractors, or subcontractors that resulted in any wrongdoing (intentional or
unintentional); misuse or misappropriation of funds; the incorrect or improper
disposition of funds; any violation of any federal, state, or local law, rule, or
regulation; or the breach of any certification or warranty provided in this Agreement.
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16.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void or illegal by a court
shall in no way affect, impair or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
17.0 STRICT COMPLIANCE
The County’s acceptance of District’s performance that is not in strict compliance with the
terms of this Agreement shall not be deemed to waive the requirements of strict compliance
for all future performance. All changes in performance obligations under this Agreement
shall be in writing and signed by both Parties.
18.0 SINGLE AUDIT ACT REQUIREMENTS
The District in receipt of federal funds through the County are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at
31 U.S.C. §§ 7501, et seq.). District shall comply with 2 CFR § 200. Upon completion, such
audits shall be made available for public inspection. Audits shall be submitted within the
twelve (12) months following the close of the fiscal year. Districts shall take corrective
actions within six (6) months of the date of receipt of the reports. The County shall consider
sanctions as described in 2 CFR § 200.505 if District does not comply with the audit
requirements.
19.0 AGREEMENT COMPLIANCE MONITORING
19.1 The County shall monitor District's compliance with, and performance under, the
terms of this Agreement. On-site visits for compliance monitoring may be made by
the County and/or its grantor agencies at any time during District's normal business
hours, announced or unannounced. During an on-site visit, the District shall make
all of its records and accounts related to work performed and services provided
under this Agreement available to the County for inspection and copying.
20.0 AUDIT DISALLOWANCES
20.1 The District shall, upon written notice thereof, reimburse the County for any
payments made under this Agreement that are disallowed by a federal, State, or
County audit in the amount of the disallowance, as well as all court costs and
attorney’s fees the County spends to pursue legal action relating to a disallowance.
Court costs and attorney’s fees incurred shall be specifically identified as applicable
to the recovery of the disallowed costs in question.
20.2 If the County determines that a cost for which payment has been made is a
disallowed cost, the County shall notify the District in writing of the disallowance and
the required course of action, which shall be at the option of the County to either
adjust any future claim submitted by District by the amount of the disallowance or to
require immediate repayment of the disallowed amount by the District issuing a
check payable to the County.
21.0 NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any
act or omission by the District, or any Subcontractor or any officer, representative, agent, or
employee of the District or any Subcontractor that relates to this Agreement, and shall not
be liable for any purchases or contracts made by District, any Subcontractor, or any officer,
representative, agent, or employee of District or any Subcontractor, in connection with this
Agreement.
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22.0 EMPLOYMENT DISCLAIMER
22.1 This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership or other formal business
association or organization of any kind, and the rights and obligations of the parties
shall be only those expressly set forth in this Agreement.
22.2 The parties agree that no individual performing under this Agreement on behalf of
the District is to be considered a County employee, and that no rights of County civil
service, County retirement, or County personnel rules shall accrue to such individual.
The District shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such clients and shall save and hold
the County harmless with respect thereto.
23.0 RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party
(as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including
reasonable attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter
collectively referred to as “Claims”) arising out of bodily injury (including death) of any person
or property damage, but only to the extent that such claims, which result in vicarious liability
to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault
of the Indemnitor, its officers, officials, agents, employees, or volunteers.
24.0 INSURANCE
24.1 Exceptions:
24.1.1 The District as a public entity is exempt from the Insurance requirements but
shall provide a Certificate of Insurance.
24.1.2 The District shall ensure the Insurance thresholds are met:
24.1.2.1 Commercial Umbrella a limit of no less than $2,000,000 for
each occurrence
24.1.2.2 General Aggregate Limit $4,000,000
24.1.2.3 Workers’ Compensation a limit of no less than $1,000,000 for
each accident
25.0 COMPLIANCE WITH APPLICABLE LAWS
25.1 The District shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of the Federal, State, and Local
governments whether or not specifically referenced herein. Those statutes and
regulations the District shall comply with include, but are not limited to (31USC 1352
et seq.) and 26 CFR, Parts 1, 7, 10, 25, 53, 56 and 602., the prevention of fraud and
abuse; conflict of interest, kickbacks, comingling of funds, charging of fees,
nepotism, child labor, political patronage, political activities, lobbying activities,
sectarian activities, unionization and anti-unionization activities/work stoppages,
U.S.D.A. regulations as set forth in 7 CFR parts 210 to 250 (Child/Adult Care Food
Program), and County directives and Executive Order 75-05.
25.2 The District shall establish and use internal program management procedures
sufficient to prevent non-compliance of applicable laws and/or regulations.
25.3 Specifically, the following apply:
25.3.1 Unless exempt under Federal law, the District shall comply with Title VII of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-5, as updated in State
Executive Order No. 99-4, which mandates that all persons, regardless of
race, color, religion, sex, age, national origin, or political affiliation, shall have
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equal access to employment opportunities. The District shall comply with the
Rehabilitation Act of 1973, as amended, which prohibits discrimination in the
employment of qualified persons because of physical or mental disability.
The District shall comply with the requirements of the Fair Labor Standards
Act of 1938, as amended.
25.3.2 The District shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, Agreement services on
the basis of race, color, or national origin. The District shall comply with the
requirements of Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of disability, in delivering
Agreement services; and with Title II of the Americans with Disabilities Act,
and the Arizona Disability Act, which prohibits discrimination on the basis of
physical or mental disabilities in the provision of Agreement services, and
activities.
25.3.3 The District warrants that it is in compliance with A.R.S. § 41-4401 and
further acknowledges:
25.3.3.1 That the District and its subcontractors, if any, warrant their
compliance with all federal immigration laws and regulations that
relate to their employees and their compliance with A.R.S. § 23-214,
subsection A;
25.3.3.2 That a breach of a warranty under subsection listed above,
shall be deemed a material breach of this Agreement that is subject
to penalties up to and including termination of the Agreement;
25.3.3.3 That the County retains the legal right to inspect the papers
of any contractor or subcontractor employee who works on this
Agreement to ensure that the District or its subcontractor is
complying with the warranty provided under subsection 23.1.3.1
above and that the Contractor agrees to make all papers and
employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection;
25.3.4 That nothing herein shall make the Contractor or its subcontractor’s agents
or employees of the County.
26.0 RETENTION OF RECORDS
26.1 This provision applies to all financial and programmatic records, supporting
documents, statistical records and other records of District that relate to this
Agreement.
26.2 The District shall retain all records related to this Agreement for six (6) years after
final payment or until after the resolution of any audit questions, which could be more
than six (6) years, whichever is longer. The Department, federal and state auditors,
and any other persons duly authorized by the Department shall have full access to
and the right to examine, copy and make use of any and all of the records.
27.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing this Agreement, represents that he/she has the authority to
bind District to the terms of this Certification. District, as the primary participant in
accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it
and its principals:
27.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
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27.2 Have not within a 3-year period preceding the Start Date of this Agreement, been
convicted of or had a civil judgment rendered against them for (1) the 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; (2) the violation of any federal or State antitrust statutes or (3) the
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
27.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, State, or local) with the commission of any of the
offenses enumerated in subparagraph 2 above;
27.4 Have not, within a three-year period preceding this Start Date of this Agreement,
had one or more public transactions (federal, State, or local) terminated for cause or
default;
27.5 Shall immediately notify the Department if, at any time during the term of this
Agreement, it is debarred, suspended, declared ineligible, or voluntarily excluded
from participation. The Department may pursue available remedies in the event of
such occurrence, including immediate termination of this Agreement without liability;
and
27.6 Shall not enter into a subcontract or sub-recipient agreement with any person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded
from participation. The Department may pursue available remedies in the event of
such occurrence, including immediate termination of this Agreement without liability.
27.7 The District shall include, without modification, the language of this Certification, in
all agreements with all sub-recipients and other subcontractors; in all lower tier
covered transactions, and in all solicitations for lower tier covered transactions in
accordance with 45 C.F.R. Part 76.
27.8 If District is not able to provide this Certification, an explanation as to why shall be
immediately provided to the Department Representative at the address set forth on
the Cover Page of this Agreement.
28.0 SERVICE DELIVERY
28.1 The Program and the District shall establish a process for sharing Head Start
enrollment information on a weekly basis so that the District can add or drop Head
Start children on the National School Lunch and School Breakfast Programs.
28.2 In accordance with Public Law No. 110-134 of the Improving Head Start for School
Readiness Act of 2007, any child enrolled in Head Start shall automatically be
eligible for free meals without further application or eligibility determination and
amends sections 9(b)(12)(A)(iii) and 17(c)(5) of the National School Lunch Act
(NSLA) to correspond with the new eligibility criteria.
28.3 Point of Contact for Food Service Activities is
28.3.1 Chrisanda DeBois, Nurse, Head Start Program
chrisanda.debois@maricopa.gov
Desk Phone: 602-372-3716
Cell Phone: 602-576-3787
28.4 The District shall:
28.4.1 Provide nutritious meals and snacks that meet Child and Adult Care Food
Program (CACFP), 42 U.S.C. § 1766, guidelines and contain at least one-
third (1/3) of the daily-recommended dietary allowances for individuals.
28.4.2 Be authorized by the Arizona Department of Education, Food and Nutrition
Division to provide food service to the County.
28.4.3 Maintain proper sanitation practices and health standards in conformance
with all applicable state and local laws and regulations.
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28.4.4 Comply with the U.S. Department of Agriculture meal requirements and
shall be subject to any additional requirements or changes as designated
by the state or local laws and/or regulations.
28.4.5 Representatives for the District and the Program shall meet with the
Cafeteria Manager or his or her representative one (1) week prior to the
beginning of the school year to review food service needs and Head Start’s
nutrition philosophy.
28.5 Menu Specification and Meal Requirements:
28.5.1 The District is responsible for the preparation of meals: breakfast and lunch.
28.5.2 The District shall provide to the Program staff monthly menus on the 2nd
Monday of each month for the upcoming month.
28.5.3 The District shall develop cycle menus in conjunction with the Head Start
program (“Program”) and shall take into consideration parent, staff, and
community input. All menus, portion sizes, and recipes shall comply with the
U. S. Department of Agriculture's Child and Adult Care Food Program
(CACFP) and Head Start Nutrition Performance Standards (Appendix A –
Meal Pattern Tables).
28.5.4 Meal type requirements, as outlined on the menu specifications shown
below, shall be subject to any additional requirements or changes
designated by any applicable federal, State, or local laws, rules, or
regulations, and shall consist of one (1) day’s emergency supply of
nonperishable food. “One day’s emergency supply” means breakfast, lunch,
and a snack for the number of children and adults present at a site for one
day.
28.5.5 Meals and snacks must be high in nutrients and low in fat, sugar, and salt in
compliance with the CACFP Meal Pattern Requirements for Children.
28.5.6 All menu items will be pork-free due to the high number of requests for pork-
free meals.
28.5.7 Menu items that contain excessive sugar shall not be served. If the District
is required to provide a substitution, the District shall ensure that the
substituted food items meet the meal components and CACFP requirements
of less than 35% sugar by weight and less than 35% calories from fat. If the
District is unsure of the substituted item, the District shall contact the
Program for guidance or utilize the CACFP Nutrition Calculator at
http://www.azed.gov/hns/cacfpmealpattern/
28.6 Menu Preparation, Approval and Changes:
28.6.1 The District shall submit to the Program, for its approval, a proposed twenty-
eight (28)-day cycle menu for the operational period at least fourteen (14)
working days prior to the beginning of the period to which the menu applies.
28.6.2 The Program shall review the menu for compliance with the Child and Adult
Care Food Program (CACFP) requirements and ensure food is age
appropriate. The Program shall make any necessary changes to the menu
and shall email the modified menu back to the District.
28.6.3 The District shall adopt the Program’s changes to the menu and shall make
additional changes as necessary and resubmit for review and approval.
28.6.4 Changes to the food items in an approved menu may be changed after the
menu has been approved:
28.6.4.1 Changes requested by the District shall be approved if:
28.6.4.1.1 notification of the change has been provided
to the Program in writing;
28.6.4.1.2 the Program accepts the menu change and
confirms approval in writing;
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28.6.4.1.3 the Program will document change in the
menu records.
28.6.4.2 Changes requested by the Program shall be approved if:
28.6.4.2.1 The Program has provided the District with
written changes to the menu
28.6.4.2.2 the Department determines that certain food
items are unacceptable.
28.6.4.2.3 Food items may be unacceptable if: (1) a
monotonous diet may result from food items being
served frequently or their similarity to other items; (2)
the nutritional needs of the students; (3) food items
are susceptible to spoilage; or (4) excessive waste
may result from the unpopularity of food items with
students.
28.6.4.2.4 Changes to the menu shall be made at the
Parties earliest convenience, but in no event more
than one (1) week after the written request has been
submitted.
28.6.4.2.5 In the case of spoilage: changes shall be
made when any spoilage is discovered and children
in attendance shall receive meals meeting CACFP
requirements.
28.6.4.3 The menu shall be changed by mutual, written agreement of
the Parties to meet the District’s and the Program's operational
requirements.
28.7 Food Preparation and Sanitation:
28.7.1 Sanitation
28.7.1.1 The District shall maintain proper sanitation practices and
health standards in conformance with all applicable State and local
laws and regulations. The District shall also assure that wholesome
ingredients are used, and that all foods are properly stored, prepared,
packaged and ready for transporting. In addition, any substance
which the food contacts, or which is used in conjunction with the food,
shall be so handled as to assure that it does not become
contaminated. The District agrees to notify the Program of the results
of any health inspection that is made during the Agreement period.
28.7.2 Food Preparation
28.7.2.1 The District shall ensure that each meal provided meets the
minimum requirements as to nutritional content specified by the
CACFP guidelines, including the Nutrition Standards set forth in 7
C.F.R. Part 226.20.
28.7.2.2 The District shall ensure that not more than two (2) high sugar
items and two (2) high fat items are served per week. High sugar
items may be served only during breakfast or as a snack.
28.8 Meal Delivery and Ordering Meals:
28.8.1 Meal Delivery and Ordering Meals for each Program site shall be established
by the Program and the District:
28.8.1.1 Center Base Sites operate either: Monday – Thursday or
Monday – Friday and meals shall be provided as identified:
28.8.1.1.1 The morning session shall include lunch
28.8.1.1.2 The afternoon session shall include lunch and a
snack.
28.8.2 Ordering Meals:
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28.8.2.1 Center staff shall notify the District’s cafeteria personnel of
the weekly meal count not later than Thursday of the preceding week.
28.8.2.2 Each Program site shall notify the District’s cafeteria
personnel of any change in the number of meals to be prepared not
later than 2:00 P.M. the day before the meal is changed.
28.8.3 The Program’s Holiday schedule will be the same as the District’s schedule.
28.9 Compliance Indicators:
28.9.1 The District shall maintain and make available for review, documentation of
production sheets according to CACFP on the number of meals provided for
each site.
28.9.2 The District shall maintain copies of approved menus and menu change
requests for the term of the Agreement.
28.10 Reporting Requirements:
28.10.1The District shall maintain complete and accurate records and production
worksheets that document:
28.10.1.1 the menus provided to the Department during the term of this
Agreement;
28.10.1.2 a list of all components of each meal;
28.10.1.3 a list of the quantities and portion sizes of each component
used to prepare each meal;
28.10.1.4 lunch preparation by using yield factors for each food item,
as listed in the United States Department of Agriculture Food Buying
Guide, when calculating and recording the quantity of food prepared
for each meal.
28.10.1.5 recipes, nutrition facts labels, and any child nutrition labels or
product specification sheets related to the menus served;
28.10.1.6 cost records, such as invoices, receipts, and other
documentation, that show the purchase of and delivery to the District
meal components and quantities;
28.10.1.7 on a daily basis, an accurate count of the number of meals,
by meal type, prepared for and delivered to the Program. Meal count
documentation shall include the number of meals requested by the
Program.
28.11 Meal Requirements and Meal Count and Costs
28.11.1 Meal Requirements on following pages
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28.11.2 Meal Count and Costs
# of Meals Total Meals Paid
Child Meals Grand
Served to for by Unit Price
HEAD START Totals
Department Department
Breakfast 35,200 8,000 $2.65 $21,200.00
Lunch 48,460 10,340 $3.75 $38,775.00
CHILD MEALS-GRAND TOTAL $59,975.00
Adult/Extra Meals # of Meals Served Total Meals Paid for
Unit Price Grand Totals
HEAD START to Department by Department
Lunch 6,130 6,130 $4.00 $24,520.00
ADULT MEALS GRAND TOTAL $24,520.00
Service Provided Cost for Service
Head Start Meals $59,975.00
Adult Meals $24,520.00
Emergency Food $1,400.00
Medical Diets $5,000.00
Soy Replacement 0.00
Lactaid Replacement 0.00
GRAND TOTAL $90,895.00
29.0 COMPENSATION
29.1 Funding:
29.1.1 Funding for this Agreement is provided by Arizona Department of Education
Child and Adult Care Food Program (CACFP) and federal grants from the
U.S. Department of Health and Human Services (DHHS)/Administration for
Children and Families (ACF), Office of Head Start (OHS) Catalog of Federal
Domestic Assistance (CFDA) number 93.600.
29.1.2 Funding availability period shall begin October 1, 2019 through September
30, 2020.
29.1.3 Funding amount shall not exceed $90,895 for the Agreement term. Claims
for reimbursement in excess of the Agreement amount will require a formal,
written amendment, as specified in section 6.0 of this Agreement.
29.2 Invoices:
29.2.1 The District shall not bill the Program for any meal provided to any child who
is enrolled in any on-site campuses participating in the National School
Breakfast and Lunch programs.
29.2.2 This District shall submit monthly invoices and back-up documentation to
substantiate the District’s expenditures.
29.2.3 Invoices shall be submitted no later than five (5) working days following the
end of the month and shall include:
29.2.3.1 an original, itemized, signed monthly statement;
29.2.3.2 details on the number of daily meals delivered throughout
the month and the completed Daily Food Count Form.
29.2.3.3 Month of Services Delivery
29.2.3.4 Assigned Maricopa County Purchase Order Number (PO)
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29.2.4 Invoices shall be submitted to:
HSDFinance@maricopa.gov
29.2.5 Final Agreement Invoice shall be submitted no later than the 15th day of the
following month example: September invoice to be submitted by October 15.
29.2.6 Invoices will be reviewed for accuracy, If the Program determines costs to
be unallowable, the District shall be notified and required to submit a revised
invoice. The District will have the opportunity to dispute the disallowed costs
and shall follow the Disputes process outline in section 14.0 of this
Agreement.
29.3 Payments:
29.3.1 The Program shall not pay the District for any meal that does not meet the
minimum standards and requirements of this Agreement.
29.3.2 Payments shall be made on a NET ZERO – No terms after invoice has
been approved.
30.0 PAYMENT RECOUPMENT
The County shall initiate a process to recover money paid to the District if Program
monitoring or quality assurance review find that:
30.1 The District’s services have been reported inaccurately or are unsubstantiated;
30.2 The District’s financial records and backup documentation do not substantiate the
submitted invoices;
30.3 The District is in default of any obligation or provision under this Agreement, or if
audit exceptions are identified.
30.4 The County shall either reduce the payment amount or withhold payment until the
default or deficiency is corrected to the County’s satisfaction or the County makes
an exception to the default or deficiency.
31.0 DISCLOSURE OF FRAUD OR MISCONDUCT
The District shall promptly provide to the HHS Office of Inspector General any evidence
that a principal, employee, agent, contractor, subcontractor, or other person has submitted
a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has committed a
criminal or civil violation pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct. The HHS Office of Inspector General may be reached at
http://www.oig/hhs.gov/fraud/hotline. The District shall promptly send a copy of the
evidence to the Department.
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