SCOTTSDALE SCHOOL DISTRICT IGA FOR FOOD SERVICE DELIVERY (1).PDF
Extracted text (via pymupdf)
47642 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND SCOTTSDALE UNIFIED SCHOOL DISTRICT Agreement #: Agreement Start Date: October 1, 2022 Agreement Termination Date: September 30, 2023 Agreement Amount: $785,701 1.0 PARTIES This Intergovernmental Agreement (“Agreement”) for services is entered into between Scottsdale 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.” 2.0 PURPOSE 2.1 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. 2.2 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. 2.3 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. 3.0 TERM The term of this Agreement shall commence on October 1, 2022 and shall remain in effect until September 30, 2023. The Agreement shall become effective upon approval and signature by the Parties. 4.0 RENEWAL The Agreement may be renewed by a written amendment with agreement of both parties, 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. 5.0 FUNDING The County shall reimburse the District a fixed price amount not-to-exceed Seven- Hundred, Eighty-Five Thousand, Seven Hundred and One dollars ($785,701). 6.0 AVAILABILITY OF FUNDS 6.1 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 IGA with Scottsdale Unified School District Page 2 of 20 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. 6.2 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. 7.0 AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. 8.0 TERMINATION 8.1 Pursuant to A.R.S. §38-511, either party 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 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 8.2 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. 8.3 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. 8.4 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. 8.5 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. 9.0 CHANGES 9.1 By the County: IGA with Scottsdale Unified School District Page 3 of 20 9.1.1 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: 9.1.1.1 Modifications to the services schedule as long as it does not extend or shorten the term of the Agreement; 9.1.1.2 Minor changes in the Agreement, provided the overall scope of work for the project is unchanged; 9.1.1.3 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; 9.1.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required or local regulations, policies or requirements. 9.2 Changes by the District 9.2.1 Changes may be executed at any time by written Administrative Change executed by an employee authorized to sign agreements on behalf of the District, within the general scope of this Agreement in any one or more of the following areas: 9.2.2 Mutually agreed modifications to the services schedule as long as it does not extend or shorten the term of the Agreement; 9.2.3 Minor changes in the Agreement, provided the overall scope of work for the project is unchanged; 9.2.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; 9.2.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required or local regulations, policies or requirements. 10.0 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. 11.0 GENERAL REQUIREMENTS 11.1 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. 11.2 The District shall without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 11.3 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. 11.4 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. 11.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. IGA with Scottsdale Unified School District Page 4 of 20 11.6 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. 12.0 SAFEGUARDING OF PARTICIPANT INFORMATION 12.1 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. 12.2 The District shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. § 41-161 et.seq. 13.0 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. 14.0 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. 15.0 DISPUTES 15.1 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. 15.2 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 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. 16.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 16.1 Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 16.2 This Agreement may be immediately terminated by either party if the other 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. IGA with Scottsdale Unified School District Page 5 of 20 16.3 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: 16.3.1 Non-performance of any obligations required by this Agreement. 16.3.2 Non-compliance with any applicable federal, state, or local laws, rules or regulations, including guidelines, policies, or directives. 16.3.3 Unauthorized expenditure of funds. 16.3.4 Non-compliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 CFR §200 et seq. 16.3.5 Non-compliance with recordkeeping, record retention, or reporting requirements. 16.4 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: 16.4.1 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. 16.4.2 Not be relieved of any liability or responsibility associated with service delivery. 16.4.3 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. 16.4.4 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. 16.5 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. 17.0 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. 18.0 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. IGA with Scottsdale Unified School District Page 6 of 20 19.0 SINGLE AUDIT ACT REQUIREMENTS In accordance with A.R.S. § 9-481, the Contractor shall, at its own expense, file with the County by March 31st of each Agreement year, either: 19.1 Audited financial statements prepared in accordance with federal single audit requirements; or 19.2 Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant; or 19.3 A Comprehensive Annual Financial Report, prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. 20.0 AGREEMENT COMPLIANCE MONITORING 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. 21.0 AUDIT DISALLOWANCES 21.1 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. 21.2 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. 22.0 NON-LIABILITY The Parties, their officers, representatives, agents and employees shall not be liable for any act or omission by the other party, or any Subcontractor or any officer, representative, agent, or employee of the other party or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts made by the other party, any Subcontractor, or any officer, representative, agent, or employee of the other party or any Subcontractor, in connection with this Agreement. 23.0 EMPLOYMENT DISCLAIMER 23.1 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. 23.2 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 IGA with Scottsdale Unified School District Page 7 of 20 and premiums appurtenant thereto concerning such clients and shall save and hold the County harmless with respect thereto. 24.0 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. 25.0 INSURANCE 25.1 The District as a public entity is exempt from the Insurance requirements but shall provide a Certificate of Insurance. 25.2 The District shall ensure the Insurance thresholds are met: 25.2.1 Commercial Umbrella a limit of no less than $2,000,000 for each occurrence; 25.2.2 General Aggregate Limit $4,000,000; 25.2.3 Workers’ Compensation a limit of no less than $1,000,000 for each accident. 26.0 COMPLIANCE WITH APPLICABLE LAWS 26.1 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. 26.2 The District shall establish and use internal program management procedures sufficient to prevent non-compliance of applicable laws and/or regulations. 26.3 Specifically, the following apply: 26.3.1 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 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. 26.3.2 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. IGA with Scottsdale Unified School District Page 8 of 20 26.3.3 The District warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 26.3.3.1 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; 26.3.3.2 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; 26.3.3.3 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; 26.3.4 That nothing herein shall make the Contractor or its subcontractor’s agents or employees of the County. 27.0 RETENTION OF RECORDS 27.1 This provision applies to all financial and programmatic records, supporting documents, statistical records and other records of District that relate to this Agreement. 27.2 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. 28.0 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: 28.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 28.2 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; 28.3 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; 28.4 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; 28.5 Shall immediately notify the Department if, at any time during the term of this Agreement, it is debarred, suspended, declared ineligible, or voluntarily excluded IGA with Scottsdale Unified School District Page 9 of 20 from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability; and 28.6 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. 28.7 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. 28.8 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. 29.0 SERVICE DELIVERY 29.1 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. 29.2 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. 29.3 Point of Contact for Program Activities is 29.3.1 Nickia Newman, Education and Content Supervisor, Head Start Program nickia.newman@maricopa.gov Desk Phone: 602-372-3714 Cell Phone: 602-577-7389 29.4 The District shall: 29.4.1 Provide nutritious meals and snacks that meet CACFP, 42 U.S.C. § 1766, guidelines and contain at least one-third (1/3) of the daily-recommended dietary allowances for individuals. 29.4.2 Be authorized by the Arizona Department of Education, Food and Nutrition Division to provide food service to the County. 29.4.3 Maintain proper sanitation practices and health standards in conformance with all applicable state and local laws and regulations. 29.4.4 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. 29.4.5 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. 29.5 Menu Specification and Meal Requirements: 29.5.1 The District is responsible for the preparation of meals: breakfast, lunch, and snacks. 29.5.2 The District shall provide to the Program staff monthly menus on the 2nd Monday of each month for the upcoming month. 29.5.3 The District shall develop cycle menus in conjunction with the Program and shall take into consideration parent, staff, and community input. All menus, portion sizes, and recipes shall comply with the CACFP and Head Start Nutrition Performance Standards (Appendix A – Meal Pattern Tables). IGA with Scottsdale Unified School District Page 10 of 20 29.5.4 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. 29.5.5 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. 29.5.6 All menu items will be pork-free due to the high number of requests for pork- free meals. 29.5.7 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/ 29.6 Menu Preparation, Approval and Changes: 29.6.1 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. 29.6.2 The Program shall review the menu for compliance with the 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. 29.6.3 The District shall adopt the Program’s changes to the menu and shall make additional changes as necessary and resubmit for review and approval. 29.6.4 Changes to the food items in an approved menu may be changed after the menu has been approved: 29.6.4.1 Changes requested by the District shall be approved if: 29.6.4.1.1 notification of the change has been provided to the Program in writing; 29.6.4.1.2 the Program accepts the menu change and confirms approval in writing; 29.6.4.1.3 the Program will document change in the menu records. 29.6.4.2 Changes requested by the Program shall be approved if: 29.6.4.2.1 The Program has provided the District with written changes to the menu. 29.6.4.2.2 The Department determines that certain food items are unacceptable. 29.6.4.2.3 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. 29.6.4.2.4 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. IGA with Scottsdale Unified School District Page 11 of 20 29.6.4.2.5 In the case of spoilage: changes shall be made when any spoilage is discovered and children in attendance shall receive meals meeting CACFP requirements. 29.6.4.3 The menu shall be changed by mutual, written agreement of the Parties to meet the District’s and the Program's operational requirements. 29.7 Food Preparation and Sanitation: 29.7.1 Sanitation 29.7.1.1 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. 29.7.2 Food Preparation 29.7.2.1 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. 29.7.2.2 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. 29.8 Meal Delivery and Ordering Meals: 29.8.1 Meal Delivery and Ordering Meals for each Program site shall be established by the Program and the District: 29.8.1.1 Center Base Sites operate Monday – Friday and meals shall be provided as identified: 29.8.2 Ordering Meals: 29.8.2.1 Center staff shall notify the District’s cafeteria personnel of the weekly meal count not later than Thursday of the preceding week. 29.8.2.2 Each Program site shall notify the District’s cafeteria personnel of any change in the number of meals or snacks to be prepared not later than 2:00 P.M. the day before the meal is changed. 29.8.3 The Program’s Holiday schedule will be the same as the District’s schedule. 29.9 Compliance Indicators: 29.9.1 The District shall maintain and make available for review, documentation of production sheets according to CACFP on the number of meals and snacks provided for each site. 29.9.2 The District shall maintain copies of approved menus and menu change requests for the term of the Agreement. 29.10 Reporting Requirements: 29.10.1The District shall maintain complete and accurate records and production worksheets that document: 29.10.1.1 the menus provided to the Department during the term of this Agreement; 29.10.1.2 a list of all components of each meal; 29.10.1.3 a list of the quantities and portion sizes of each component used to prepare each meal; 29.10.1.4 lunch preparation by using yield factors for each food item, as listed in the United States Department of Agriculture Food Buying IGA with Scottsdale Unified School District Page 12 of 20 Guide, when calculating and recording the quantity of food prepared for each meal. 29.10.1.5 recipes, nutrition facts labels, and any child nutrition labels or product specification sheets related to the menus served; 29.10.1.6 cost records, such as invoices, receipts, and other documentation, that show the purchase of and delivery to the District meal components and quantities; 29.10.1.7 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. 29.11 Meal Requirements and Meal Count and Costs: 29.11.1Meal Requirements on following pages; Appendix A IGA with Scottsdale Unified School District Page 13 of 20 IGA with Scottsdale Unified School District Page 14 of 20 IGA with Scottsdale Unified School District Page 15 of 20 IGA with Scottsdale Unified School District Page 16 of 20 29.12 Meal Count and Costs Total ADULT Meals Provided to Department by District ADULT Meals Paid for by Department Unit Price ADULT Total Costs Paid by Department EHS Adult Lunch 6,550 6,550 $3.41 $22,335.50 HS Adult Lunch 11,550 11,550 $3.41 $39,385.50 ADULT TOTAL $61,721.00 Costs Medical Diets/Special Foods No Charge Soy replacement for milk per carton $4.19 per 64 oz. carton Lactaid replacement for milk per carton $12.83, 12, 8 oz. cartons Almond replacement for milk $3.49, 32 oz carton Aluminum Foil $43.25 Plastic Wrap $26.41 EHS Food Costs Cost EHS Child Meals $164,000.00 EHS Adult Lunch $22,335.50 EHS Soy replacement for year $1,500 EHS Lactaid replacement for year $1,000 EHS Almond replacement for year $1,000 EHS Emergency Food $500 Food Service Supplies $500 EHS Food Costs Total $190,835.50 Total EHS CHILD Meals Provided to Department by District EHS CHILD Meals Paid for by Department Unit Price CHILD Total Costs Paid by Department Breakfast 25,000 25,000 $2.10 $52,500.00 Lunch 25,000 25,000 $3.15 $78,750.00 Snack 25,000 25,000 $1.31 $32,750.00 EHS TOTAL $164,000.00 Total HS CHILD Meals Provided to Department by District HS CHILD Meals Paid for by Department Unit Price CHILD Total Costs Paid by Department Breakfast 83,000 83,000 $2.10 $174,300.00 Lunch 83,000 83,000 $3.15 $261,450.00 Snack 83,000 83,000 $1.31 $108,730.00 HS TOTAL $544,480.00 IGA with Scottsdale Unified School District Page 17 of 20 Head Start Food Costs Cost HS Child Meals $544,480.00 HS Adult Lunch $39,385.50 HS Soy replacement for year $4,000 HS Lactaid replacement for year $2,000 HS Almond replacement for year $2,000 HS Emergency Food $1,500 Food Service Supplies $1,500 Head Start Food Cost Total $594,865.50 EHS Food Costs Total $190,835.50 Head Start Food Costs Total $594,865.50 GRAND TOTAL $785,701.00 30.0 COMPENSATION 30.1 Funding: 30.1.1 Funding for this Agreement is provided by Arizona Department of Education 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) Assistance Listing Number (ALN), formerly known as the Catalog of Federal Domestic Assistance (CFDA) number 93.600. 30.1.2 Funding availability period shall begin October 1, 2022 through September 30, 2023. 30.1.3 Funding amount shall not exceed $785,701 for the Agreement term. Claims for reimbursement in excess of the Agreement amount will require a formal, written amendment, as specified in section 5.0 of this Agreement. 30.2 Invoices: 30.2.1 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. 30.2.2 This District shall submit monthly invoices and back-up documentation to substantiate the District’s expenditures. 30.2.3 Invoices shall be submitted no later than five (5) working days following the end of the month and shall include: 30.2.3.1 an original, itemized, signed monthly statement; 30.2.3.2 details on the number of daily meals delivered throughout the month and the completed Daily Food Count Form. 30.2.3.3 Month of Services Delivery 30.2.3.4 Assigned Maricopa County Purchase Order Number (PO) 30.2.4 Invoices shall be submitted to: HSDFinance@maricopa.gov 30.2.5 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. 30.2.6 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. 30.3 Payments: 30.3.1 The Program shall not pay the District for any meal that does not meet the minimum standards and requirements of this Agreement. 30.3.2 Payments shall be made on a NET ZERO – No terms after invoice has been approved. IGA with Scottsdale Unified School District Page 18 of 20 31.0 NOTICES: Communication and details concerning this Agreement shall be directed to the following representatives: Maricopa County Human Services Department: Eve Del Real, Assistant Director Maricopa County Human Services Department Early Education Division, Head Start Program 234 N. Central Avenue, 3rd Floor Phoenix, AZ 85004 Desk: 602-372-3710 Eve.DelReal@maricopa.gov District Representative: Dr. John Kriekard, Superintendent 8500 E. Jackrabbit Rd., Scottsdale, AZ 85250 jkriekard@susd.org 480-484-6120 Copy to: General Counsel, SUSD Legal Department 8500 E. Jackrabbit Rd. Scottsdale, AZ 85250 32.0 PAYMENT RECOUPMENT The County shall initiate a process to recover money paid to the District if Program monitoring or quality assurance review find that: 32.1 The District’s services have been reported inaccurately or are unsubstantiated; 32.2 The District’s financial records and backup documentation do not substantiate the submitted invoices; 32.3 The District is in default of any obligation or provision under this Agreement, or if audit exceptions are identified. 32.4 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. 33.0 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. IGA with Scottsdale Unified School District Page 19 of 20 34.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the District engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the District certifies it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of goods and services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 35.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY The terms of this Agreement are intended only to define the respective rights and obligations of the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any standard of care different from the standard of care imposed by law. 36.0 WAIVER OF TERMS, CONDITIONS, AND DEFENSES The failure of either Party to insist in any one or more instances on performance of any of the terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. Nothing in this Agreement shall be construed as consent to any lawsuits or waiver of any defenses in a lawsuit brought against the County in any state or federal court. 37.0 ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties. There are no representations or other provisions besides those contained in either this Agreement or in any written amendments approved and signed by both Parties. 38.0 SURVIVAL The non-liability and reciprocal indemnification provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. 39.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. 40.0 CHOICE OF LAW; VENUE This Agreement shall be construed in accordance with and governed by the laws of the State of Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa County, Arizona. 41.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. IGA with Scottsdale Unified School District Page 20 of 20 IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: SCOTTSDALE UNIFIED SCHOOL DISTRICT Approved By: MARICOPA COUNTY Authorized Signature Bill Gates, Chairman of the Board Attested to: Juanita Garza, Clerk of the Board Date APPROVED AS TO FORM: Attorney for District Date APPROVED AS TO FORM: Attorney for Maricopa County Date