Attachment F - CCFP Contract FFY 25-26 Filled COM.pdf

CCFP Standard Catering Contract FFY 2025-2026 Page 1 of 21

Authorization Number: ____________

Child Care Food Program (CCFP) STANDARD CATERING CONTRACT

THIS CONTRACT is entered into between _____City of Miami______________ hereinafter referred to as “the Institution or Facility” and _____________________________________ hereinafter referred to as “the Caterer,” and jointly referred to as “the Parties.” This contract is for a single federal fiscal year (October 1, 2025, to September 30, 2026), subject to the availability of funds. This contract will start after it is executed by both parties and verification that all conditions precedent have been met. The Parties agree as follow:

I. General Terms:

A. Authority: 7 C.F.R. § 226.6(i); sections 20.43 and 381.0011 Florida Statutes.

B. Definitions:

1. Approved Food Sources: Food purchased from a source that is under the regulatory authority of a state or federal agency.

2. Bid: A formal or informal offer to perform catering service in accordance with the specifications and conditions of the governing contract for a set, stated price.

3. Bulk Food (Bulk): Ready-to-eat foods that will be portioned by Institution or Facility before serving.

4. Child Care Center: Any public or private nonprofit Institution or Facility (except day care homes), or any for-profit center that is licensed or approved to provide nonresidential child care services to enrolled children, primarily of preschool age, including but not limited to day care centers, neighborhood centers, Head Start centers, and organizations providing day care services for children with disabilities. Child care centers may participate in the Child and Adult Care Food Program authorized by Section 17 of the National School Lunch Act (the Program) as independent centers or under the auspices of a sponsoring organization.

5. Child Care Food Program (CCFP): The portion of the Child and Adult Care Food Program enacted in Section 17 of the National School Lunch Act authorizing assistance to states through grants-in-aid and other means to initiate, maintain, and expand non-profit food service programs for children in nonresidential institutions that provide care.

The CCFP is intended to enable such institutions to integrate a nutritious food service with organized care services for enrolled participants. Reimbursement payments for allowable costs are made under the CCFP by the state to the Institution that in turn is required to pay for meals received.

6. Child Nutrition (CN) Label: A food product label that contains a statement and CN logo authorized by United States Department of Agriculture (USDA) Food and Nutrition Service to provide assurance that processed foods provide the stated contributions toward meal pattern requirements.

7. Center: A child care center, at-risk afterschool care center, an emergency shelter, or an outside-school-hours care center.

8. Cycle Menu: A standard list of food items organized into daily meals meeting the USDA meal pattern. Cycle menus are provided in specific sequence and arrangement to vary the diet of CCFP participants and remain in compliance with the USDA meal pattern standards.

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9. Emergency: Unplanned or unexpected situations which include but are not limited to hurricanes, tropical storms, or flooding, that prevent the Institution or Facility or Caterer from operating as planned.

10. Facility: A sponsored child care center.

11. Federal Agency: An agency as defined at 5 U.S.C. § 551(1), and further clarified by 5

U.S.C. § 552(f) to include military departments.

12. Florida Department of Health (Department): The principal administrative unit that protects and promotes the health of all residents and visitors in the state through organized state and community efforts, including cooperative agreements with counties.

13. Food and Nutrition Service (FNS): An office within the USDA that is responsible for national implementation and oversight of the CCFP.

14. Food Grade Storage Container: A container made of materials and products that have been determined suitable and safe to come into contact with food and beverages by the Food and Drug Administration (FDA). The material undergoes extensive testing to insure it doesn’t affect the color, odor, taste, or safety of the food or leach substances into the food. It is important to note that a food-grade material is only considered food-safe if it is utilized per its intended use.

15. Food Service Establishment: The licensed or permitted location where food is prepared prior to being delivered to the Institution or Facility.

16. Food Service Management Company: An organization other than a public or private nonprofit school, with which an Institution or Facility may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk for use in the CCFP.

For purposes of this contract, this means the Caterer.

17. Highly Susceptible Population (HSP): As defined in the FDA Food Code and adopted by reference in Florida Administrative Code Rule 61C-1.001, means persons who are more likely than other people in the general population to experience foodborne disease because they are preschool age children and obtaining food at a facility that provides services, such as child day care center.

18. Institution: A sponsoring organization, child care center, at-risk afterschool care center, outside-school hours care center, or emergency shelter, which enters into an agreement with the Department to assume final administrative and financial responsibility for Program operations.

19. License or Permit: Status reflecting approval of license or permit from the applicable Licensing or Permitting Authority, and the maintenance of good standing pertaining to the permit or license. For purpose of this contract, in good standing means an active license or permit without violations which indicate health risks to the public.

20. Licensing or Permitting Authority: Includes the Department of Business and Professional Regulations (DBPR) which regulates restaurants, most mobile food vehicles, and most public food service events; the Department of Agriculture and Consumer Services (DACS) that generally regulates whole-sale food operations, convenience stores, grocery stores, food processing operations, food storage or warehouse operations, and non-alcoholic beverage operations; and the Department which regulates food service establishments such as food service operations located in institutional settings (schools, assisted living facilities, detention facilities, adult day care, etc.), civic and fraternal organizations, bars and lounges that do not prepare food, and theatres, to help ensure their products are not a source of foodborne illness.

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21. Meals: Meal types (breakfast, lunch, snack, or supper) delivered and served to enrolled participants at an Institution or Facility that meet the meal pattern and nutritional requirements set forth in this contract.

22. Milk: Pasteurized fluid types of unflavored or flavored whole milk, lowfat milk, fat-free milk, or cultured buttermilk that meet state and local standards for such milk. All milk should contain vitamins A and D at levels specified by the Food and Drug Administration and be consistent with state and local standards for such milk.

23. Potentially Hazardous Food: Any food that requires time-temperature control

(refrigeration or hot holding) and contains in whole or in part: milk, milk products, eggs, meat, poultry, fish, cooked plant food (rice, beans, vegetables, or baked potatoes), tofu, other soy-protein products, mushrooms, cut melon, or cut tomatoes.

24. Pre-assembled: Food items that are delivered as ready to eat items and do not require the Institution or Facility to assemble onsite such as sandwiches, wraps, tacos, etc.

25. Product Formulation Statement (PFS): A signed statement on manufacturers’ letterhead that demonstrates how the processed food contributes to the meal pattern.

26. Snack: A meal supplement that meets the meal pattern requirements specified in 7

C.F.R. § 226.20(c)(3).

27. Sponsoring Organization: As defined by 7 C.F.R. § 226.2, a public or nonprofit private organization that is entirely responsible for administration of the CCFP in one or more day care homes; a child care center, emergency shelter, at-risk afterschool care center, or outside-school hours care center that is a legally distinct entity from the sponsoring organization; two or more child care centers, emergency shelters, at-risk afterschool care centers, or outside-school-hours care center; or any combination of child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care centers, and day care homes; or an organization that is entirely responsible for administration of the CCFP in any combination of two or more for-profit child care centers, at-risk afterschool care centers, or outside-school-hours care centers, which are part of the same legal entity as the sponsoring organization.

28. Thermal Transport Container: Insulated food transport containers suitable to transport hot or cold food safely, at proper temperatures, for at least four hours without electricity.

29. Tofu: A commercially prepared soy-bean derived food, made by a process in which soybeans are soaked, ground, mixed with water, heated, filtered, coagulated, and formed into cakes. Basic ingredients are whole soybeans, one or more food-grade coagulates (typically a salt or acid), and water.

30. United States Department of Agriculture (USDA): The federal agency responsible for the administration, oversight, and fund distribution for the CCFP and the requirements of governing federal regulations.

31. Unitized Food: Ready-to-eat, pre-portioned foods.

32. Whole Grains: Foods that consist of intact, ground, cracked, or flaked grain seed whose principal anatomical components, specifically the starchy endosperm, germ, and bran, are present in the same relative proportions as they exist in the intact grain seed.

33. Yogurt: Commercially coagulated milk products obtained by the fermentation of specific bacteria, that meet milk fat or milk solid requirements to which flavoring foods or ingredients may be added. These products are covered by the Food and Drug

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Administration's Standard of Identity for yogurt, lowfat yogurt, and nonfat yogurt, 21 C.F.R. § 131.200, 21 C.F.R. § 131.203, and 21 C.F.R. § 131.206, respectively.

C. Scope of Work: The scope of this contract is to provide meals specified by the Institution or

Facility and deliver the specified meals to the site or sites the Institution or Facility identifies in the Delivery Schedule (Attachment 6). Meals will be delivered as scheduled in accordance with all bid specifications, addendums, and attachments regarding this contract.

D. Conditions Precedent:

1. The terms and conditions of this contract bear directly on the Institution’s or Facility’s successful participation in the CCFP. The Institution or Facility must receive bid approval from the Department, consistent with its authority prescribed by 7 C.F.R. § 226.21, before reimbursement can occur if any bids received total $50,000 or more.

Consideration for reimbursement will commence only after the date the Department grants final approval of all terms and conditions of this contract if totaling $50,000 or more.

2. This contract will have no force or effect unless the Institution or Facility is approved to participate in the CCFP. The Institution’s or Facility’s continued participation in the CCFP is dependent on effective management and administration of the contract.

3. The delivery of catered meals will commence after the Institution or Facility has received bid approval from the Department, if any Caterer’s bid totals $50,000 or more

4. This contract will have no force or effect unless the Caterer is registered with the Department’s Bureau of Child Care Food Programs in accordance with Florida Administrative Code Rule 64F-17.004, which, for purposes of this contract means the Caterer is listed on the Department’s CCFP Caterer List, before the date of this contract execution, and the Caterer maintains all permits, inspections, and licenses in good standing throughout the term of the contract as required by the Licensing or Permitting Authority.

5. The Caterer will permit employees of the Institution or Facility, designated program officials of the Department, Licensing or Permitting Authority, and USDA access to inspect the Caterer’s preparation site prior to the contract start date.

6. The Institution or Facility will notify the Caterer to commence meal delivery as specified herein.

II. The Caterer’s Responsibilities:

A. Operations:

1. The Caterer shall operate in accordance with current CCFP regulations, as specified in 7 C.F.R. § 226.6(i).

2. The Caterer must maintain its proper license or permit and remain in good standing with the appropriate Licensing or Permitting Authority throughout the contract term.

3. Before entering a catering contract with a center that serves a HSP, a caterer licensed by the Department of Business and Professional Regulations must have a Level 3 Classification to serve a HSP as defined in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

4. The Caterer must notify the Department of any changes of its information within three business days from the date of such change.

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5. A Caterer who has had their permit or license revoked or cancelled by the Licensing or Permitting Authority will be removed from the Department’s CCFP Caterer List. The Caterer will need to reapply to the appropriate Licensing or Permitting Authority for reinstatement for the license or permit. The Caterer must reapply pursuant to Florida Rule of Administrative Code 64F-17.004 to be placed back on the Department’s CCFP Caterer List.

B. Authority to Contract:

1. By execution of this contract the Caterer asserts that it:

a. Is authorized to enter into the contract

b. Is not suspended, debarred, or otherwise prohibited from entering into the contract under the terms of 2 C.F.R. §§ 180 and 200 – Appendix II(H) and

c. Will notify the Institution or Facility immediately if the Caterer or its principals are suspended, debarred, or otherwise prohibited from performing under this contract.

C. Supervision and Inspection Requirements:

1. Provide management supervision at all times, and maintain constant quality control inspections to check for portion size, quality of products, time and temperature, appearance, and packaging

2. Maintain a valid state or federal food service license or permit and

3. Submit copies of the applicable state or federal regulatory inspections and current license or permit to the Department, as may be requested.

D. Meal Requirements, Preparation, Packaging, and Delivery:

1. Meal Requirements:

a. The meals served under the contract shall conform to the cycle menus upon which the bid was based, and to menu changes agreed upon by the Institution or Facility and the Caterer which have been approved by the Department.

b. If the Institution or Facility submits a Catered Meal Order Change Form

(Attachment 10), confirm the requested changes with an email to the Institution or Facility within twenty-four hours of receipt of the Catered Meal Order Change Form.

c. All meals served under the CCFP will meet the requirements of 7 C.F.R. § 226.20.

d. All breakfasts, lunches, and suppers delivered for service in outside-school-hours care centers shall be unitized, with or without milk, unless the Department determines that unitization would impair the effectiveness of food service operations. For meals delivered to child care centers, the Department may require unitization, with or without milk, of all breakfasts, lunches, and suppers only if the Department has evidence which indicates that this requirement is necessary to ensure compliance with 7 C.F.R. § 226.20.

e. Provide menu items that meet the nutritional requirements specified by the Child

Care Food Program Meal Pattern for Children (Attachment 1) and the selected cycle menu of the Institution or Facility. Children ages 1-5 will be served portions based on ages 3-5 as defined in the CCFP Child Meal Pattern. When the

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f. No unexpected changes or substitutions to the Cycle Menu (Attachment 2) will be made, except as follows:

1) Substitutions must be agreed to in writing by the Parties prior to delivery and documented on the delivery ticket with an explanation of the circumstance resulting in the substitution.

g. Provide foods that meet the Minimum Food Specifications (Attachment 3).

h. Foods used to prepare and deliver meals provided under the contract must be obtained from approved food sources.

i. All meal specifications under this contract will include, but are not limited to, cycle menu, grade, purchase units, style, condition, weight, ingredients, formulations, and delivery time.

j. Provide food specification and crediting documentation to the Institution or

Facility.

1) For combination main dish food items, provide one of the following at the date of the contract execution and when food products are changed:

a) Child Nutrition (CN) Label

b) Product Formulation Statement (PFS)

c) Standardized recipe

2) For other food items (e.g. bread, cereal, yogurt, muffins), provide both of the following upon request:

a) Nutrition facts label

b) Ingredient list

2. Meal Preparation Requirements:

a. Prepare meals daily in accordance with all bid specifications and attachments regarding this contract. Serve meals in accordance with 7 C.F.R. § 226.6(i).

b. Prepare and deliver meals according to food safety and sanitation requirements of the applicable Licensing or Permitting Authority.

c. Ensure that all potentially hazardous food for this contract will be kept at safe temperatures, 41F or below for all cold foods and 135F or above for all hot foods, except during necessary periods of preparation.

d. Meals will not be assembled more than 24 hours prior to delivery.

e. Ensure meals for this contract are held and delivered at safe temperatures:

1) All cold foods must be held at or below 41°F.

2) All hot foods must be held at or above 135°F.

f. Date and hold a sample of each meal at a temperature of 41°F or below for a period of three days from the date and time of delivery of that same meal.

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3. Meal Packaging Requirements:

a. In accordance with the Meal Services to be Provided (Attachment 5), the Caterer will ensure that:

1) Any product or substance that comes into contact with food, including but not limited to products used to package, contain, or serve food meets the federal food safety standards, including but not limited to 21 U.S.C. § 348(h)(6), and instructions or regulations issued by the United States Food and Drug Administration.

2) All foods are packed suitably in accordance with local health standards.

Thermal transport containers must have an airtight closure, be of non-toxic material, and be capable of maintaining internal temperatures of cold food at 41F or below and hot food at 135F or above at the time of delivery. Pack cold and hot foods separately.

3) Containers must be closed and maintain an airtight closure or seal until opened at the Institution’s or Facility’s destination.

4) An adequate number of thermal transport containers are available for daily delivery to the Institution or Facility. Pick-up empty containers the next following delivery date. Caterers may collect empty containers on Friday afternoons or in the afternoon, the day before a holiday.

4. Meal Delivery Requirements:

a. Meals shall be delivered according to the Delivery Schedule (Attachment 6).

b. Accept delivery site additions and deletions upon written notice from the Institution or Facility at least seven calendar days prior to the date of delivery.

c. Deliver and unload all food and dairy products at the specified time and location according to Meal Services to be Provided (Attachment 5) and Delivery Schedule (Attachment 6).

d. Provide personnel to deliver meals according to the Delivery Schedule

(Attachment 6).

e. Deliver the food and dairy products in clean vehicles with adequate refrigeration and heating during the delivery of all food and dairy products to ensure the wholesomeness of the food and dairy products are in accordance with state and local health codes at delivery.

f. Ensure meals for this contract are delivered at safe temperatures:

1) All cold foods must be held and delivered at or below 41°F.

2) All hot foods must be held and delivered at or above 135°F.

g. Provide the exact number of meals ordered. Any damaged, spoiled, unwholesome, or incomplete meals will not be included when the Institution or Facility determines the number of meals delivered.

h. Bulk canned fruit must be delivered in suitable food-grade storage containers with tight fitting lids that prevent spillage.

i. Inform the Institution or Facility in writing at least two weeks in advance of any non-emergency closure, including holidays.

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j. Inform the Institution or Facility immediately in writing of any emergency closure issued by the Licensing or Permitting Authority.

k. Deliver the same day snack and next day breakfast at the specified delivery time for each meal service (lunch and supper) according to Delivery Schedule (Attachment 6), unless otherwise requested by the Institution or Facility.

5. Provide daily delivery tickets with meal delivery as specified.

a. When delivering to an Institution or Facility, provide one copy of the delivery ticket to the Institution or Facility, and if the Facility is a sponsored Facility, provide a copy to the sponsor. Maintain a copy of the delivery ticket.

b. All corrections to the delivery tickets made by the Parties must be initialed by both Parties.

c. Type or print delivery ticket in nonerasable ink on company letterhead.

d. Include the following on the delivery tickets:

1) The Caterer’s name and address

2) The Caterer’s production date, delivery date, and delivery time

3) The name and address of Institution or Facility being delivered to

4) An itemization to show the number of meals of each meal type, the individual meal components and food item, serving size and number of portions by age group (i.e.: ages 1-5 must receive portions based on meal pattern for ages 3-5) – portion size on delivery ticket must correspond to menu serving size

5) Clearly identify serving sizes based on the meal component such as 4 oz milk (or 5 gallons of 1% milk provides 160 - 4 oz portions), 5 chicken nuggets, or ¼ cup broccoli

6) When delivering milk in gallons, note the total number of gallons delivered

7) Clearly print or type the name of the individual making the delivery, and the name of the Institution’s or Facility’s representative accepting delivery of the meals. Ensure the individual making the delivery, and the Institution’s or Facility’s representative accepting delivery of the meals clearly signs the delivery ticket

8) Failure to include the above information may result in disallowance of meals delivered under this contract

6. Label each food grade storage container (bulk and unitized meals). Include the following on the label:

a. Caterer’s name

b. Date of production

c. Food item, portion size, and number of portions by age group (i.e., ages 1-5 and

6-18; portions for ages 1-5 based on meal pattern portion sizes for ages 3-5) – portion size on labels must correspond to menu serving size

d. Serving size information by cups, ounces, and individual pieces

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e. Example of a label on a food grade storage container:

XYZ Catering Production Date: 10-1-2025 Chicken Nuggets Ages 1-5: 10 portions @ 5 nuggets each Ages 6-18: 10 portions @ 8 nuggets each

E. Health Certification: Caterer shall have Federal, State, or local health certification for the plant in which it proposes to prepare meals for use in the CCFP, and it shall ensure that health and sanitation requirements are met at all times, as specified in 7 C.F.R. § 226.6(i)(3). In addition, the Department may require the Caterer to provide for meals which it prepares to be periodically inspected by the local health department or an independent agency to determine bacteria levels in the meals being prepared. These bacteria levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals prepared or served by other establishments in the locality. Results of these inspections shall be submitted to the Institution or Facility and to the Department.

F. Access to Caterer Site: Permit employees of the Institution or Facility, designated program officials of the Department, Licensing or Permitting Authority, and USDA access to:

1. Inspect the Caterer’s preparation site prior to the delivery of catered meals and

2. To observe and be present during preparation and delivery of meals, without prior notice, at any time during the contract period.

G. Access to Records and Maintenance of Records:

1. The books and records of the Caterer pertaining to the Institution or Facility’s food service operation shall be available for inspection and audit by representatives of the Department, of USDA, and of the U.S. General Accounting Office at any reasonable time and place, for a period of three years from the date of receipt of final payment under the contract, or in cases where an audit requested by the Department or USDA remains unresolved, until such time as the audit is resolved.

2. The Caterer shall maintain such records (supported by invoices, receipts, or other evidence) as the Institution or Facility will need to meet its responsibilities under 7 C.F.R.

§ 226.6(i) and shall promptly submit invoices and delivery reports to the Institution or Facility no less frequently than monthly, as specified in 7 C.F.R. § 226.6(i)(2).

3. The records that the Caterer will maintain include, but are not limited to:

a. Purchase orders, invoices from food distributors, and production records

b. Delivery records and meal change form confirmations

c. Temperature logs for storage, cooking and holding of potentially hazardous foods, and transportation to the Institution or Facility

d. Invoices to the Institution or Facility

e. Notices of non-payment

f. Records necessary to comply with federal and state laws and regulations

g. All state and federal tax records associated with this contract; and

h. The contract, all addendums, and amendments.

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H. Repayment for Disallowed Meals: The Caterer will reimburse the Institution or Facility for the contract amount for all claimed meals denied by the CCFP if:

1. The Institution or Facility provides the Caterer written notice within one year of the date of delivery of the denied meals and the CCFP formal denial of reimbursement and

2. The Caterer’s failure to comply with the meal requirements of this contract will result in the CCFP denial of reimbursement.

I. Contract Insurance Requirement:

1. The Caterer must secure and maintain, at its sole expense, throughout the term of this Contract, insurance necessary to cover services under this contract. The Caterer accepts full responsibility for identifying and determining the types and extent of liability insurance necessary to provide reasonable financial protections for itself, and the clients to be served under this contract. The limits of coverage under each policy maintained by the Caterer do not limit the Caterer’s liability and obligations under this contract.

2. The Caterer must deliver the written notification and a Certificate of Coverage to the

Institution or Facility of insurance coverage at the time this contract or renewal is executed and within five business days of any change in insurance or terms of insurance.

III. The Institution or Facility’s Responsibilities:

A. The Institution or Facility will ensure the following:

1. Provide the Caterer with a list (Attachment 6) of the Department approved child care centers, day care homes, and outside-school-hours care centers to be furnished meals by Caterer, and the number of meals, by type, to be delivered to each location.

2. Meals are delivered according to the Delivery Schedule (Attachment 6). Document the delivery time on the Delivery Schedule (Attachment 6). Ensure the specified delivery time is no earlier than three hours before the CCFP approved start time of each hot meal service (lunch and supper).

3. Notify the Caterer of changes in number of meals delivered as specified in the Price

Schedule (Attachment 7) by documenting the changes in the Catered Meal Order Change Form (Attachment 10) and submitting the completed Catered Meal Order Change Form to the Caterer via fax or scan and email by 5:00 p.m., two days prior to delivery.

4. Inform the Caterer in writing at least two weeks in advance of any non-emergency closure, including holidays.

5. Ensure the meals delivered meet contract terms, conditions, and specifications, and are properly maintained and stored until served. Prior to signing a delivery ticket, the Institution or Facility staff will:

a. Verify the number of meals delivered and menu items. Any damaged or incomplete meals will not be accepted and will not be included when the number of delivered meals is determined.

b. Verify cold foods are delivered at or below 41F. Any cold foods delivered at or above 42F will not be accepted.

c. Verify hot foods are delivered at or above 135F. Any hot foods delivered at or below 134F will not be accepted.

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d. Cold and hot food verification is done by site staff taking temperatures of each potentially hazardous food in a method approved by licensing authority. Site staff must also record temperatures on food acceptance log or delivery ticket.

e. Verify meals are delivered no earlier than specified delivery time and no later than start time of requested meal service.

6. Reject the entire meal type if deficient according to the terms and conditions of the contract. Deficiencies will include but are not limited to cold foods delivered at or above 42F, hot foods delivered at or below 134F, meal missing menu item, meal or item not listed on the contracted menu, spoiled menu item, meal containing unauthorized menu substitutions, or meal containing a foreign object.

7. Complete the Catered Meal Service Deficiency Report (Attachment 9) and send it to the Caterer if there is a deficiency. If the deficiency involves Potentially Hazardous Food delivered out of temperature (i.e., hot food delivered at or below 134F and cold food delivered at or above 42F), food containing foreign objects, or food that is spoiled or unwholesome, submit a copy of the completed Catered Meal Service Deficiency Report (Attachment 9) to the Department within twenty-four hours. If the site is under a sponsor, immediately provide a copy of the completed Catered Meal Service Deficiency Report (Attachment 9) to the sponsor.

8. Follow food safety and sanitation requirements of the Licensing or Permitting Authority or local county health department’s Environmental Health Program. Complete Food Acceptance Log (Attachment 11) if temperatures are not recorded on the delivery ticket.

IV. Contract Price Terms, Payment, and Termination for Failure to Make Payment:

A. Prices, Taxes, and Cash Discount:

1. All prices are fixed for the duration of the contract period.

2. The contract price will include:

a. Price of food, milk, disposable meal service products, packaging

b. Transportation and

e. All other related costs (e.g., condiments, utensils, etc.).

3. The contract price does not include, and the Caterer is not authorized to charge, costs for unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period.

4. Any applicable taxes are in addition to the bid and are not included therein.

5. Cash discounts for prompt payment will not be considered in determining the lowest net cost for contract evaluation purposes.

B. Invoicing and Payment:

1. Caterer must submit itemized invoices and delivery reports to the Institution or Facility biweekly or monthly. If the Institution is a sponsor of child care centers, the Caterer will also provide a biweekly or monthly statement to each child care center to which it delivers meals that specifies the number of meals provided to the center, the unit price for each meal, and the amount paid by the sponsor on the center’s behalf.

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2. The Institution or Facility will pay the Caterer the unit price specified in the Price Schedule (Attachment 7) multiplied by the number of meals provided as specified in the invoice. The Institution or Facility will pay according to the timeframe noted below, regardless of whether the CCFP reimbursement has been received:

a. No later than 41 days from its receipt of the invoice from the Caterer unless the invoice provides otherwise or

b. Five days after receiving CCFP reimbursement, whichever occurs sooner.

3. The Caterer may seek the following late fees from the Institution or Facility for late payment of invoices. Late fees must not be paid from CCFP funds.

Time Period from invoice receipt date Maximum late fee Late fees

42 to 52 days Two percent of the invoice or $200 whichever amount is greater 1st fee

53 to 62 days 1st fee plus two percent of the invoice or $200 whichever amount is greater 2nd fee

63 to 72 days 1st and 2nd fee plus two percent of the invoice or

$200 whichever amount is greater 3rd fee

73 to 82 days 1st, 2nd, and 3rd fee plus two percent of the invoice or $200 whichever amount is greater 4th fee

C. Non-payment for Meal Deficiencies:

1. The Caterer shall not be paid for meals which are delivered outside of the agreed upon delivery time, are spoiled or unwholesome at the time of delivery, or do not otherwise meet the meal requirements contained in the contract.

2. Any payment denial will be supported by delivery documentation demonstrating deviation from the requirements of this contract.

D. The Caterer may use the following delinquent payment notification procedures to preserve its right to demand payment for catering services:

1. For invoices not paid within 42 days after the Institution or Facility received the invoice the Caterer will send the Institution or Facility a notice letter by certified mail, return receipt (or the equivalent private delivery service) or by email with a copy of the original invoice attached within 42 days after the Institution or Facility received the invoice or five days after the Institution or Facility receives CCFP reimbursement, whichever occurs first. The Caterer will also provide a copy of the notice letter to the CCFP.

2. The Caterer may suspend service or terminate its contract with the Institution or Facility if the Institution or Facility has failed to make full and complete payment for any invoice 42 days or more after that invoice is due and owing. The Caterer’s failure to terminate its contract will not waive the Caterer’s right to seek payment under Florida law.

V. Miscellaneous:

A. Amendments: No amendments to this contact will be enforced unless and until such amendments are:

1. In writing

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2. Agreed to and signed by each party and

3. Approved by the Department.

B. Emergency Circumstances:

1. Generally:

a. CCFP will not reimburse for meals which are not served to enrolled children, regardless of the reason for the failure to serve the meal.

b. In the event of an emergency, each party will act in good faith to keep the other party informed of its ability to perform the conditions of this contract.

c. Both parties must coordinate any changes in menu prior to meal delivery.

2. Institution or Facility’s responsibilities during emergency closure:

a. Notify the Caterer at the earliest time feasible prior to meal delivery if a child care center will be closed for any reason and provide the following information in the notification:

1) Beginning date of closure

2) Anticipated duration of closure (if known)

3) Contact information of child care Institution or Facility manager and

4) Factors used to determine closure (e.g., it will close if school districts close or government offices close).

b. If the Institution or Facility is required to close due to an emergency, the

Institution or Facility will be required to pay for all food previously delivered prior to the closure.

c. If the Institution or Facility does not provide the Caterer reasonable notice of its closure it will be responsible for the payment of meals the Caterer attempted to deliver during regularly scheduled times.

d. Any necessary changes to the method of meal service (e.g.: changing from bulk to unitized meals) and any change in price from the contracted Attachment 7 Price Schedule must be agreed upon with the Caterer before delivery commences.

e. Document any disruption or alteration of service. Maintain a copy of the documentation throughout the contract term and submit a copy to the Department within 24 to 48 hours of the disruption or alteration of service.

3. Caterer’s responsibilities during emergency closure:

a. Notify the Institution or Facility (both organizations if the Facility is a sponsored site) at the earliest time feasible prior to meal delivery if the Caterer will be closed for any reason and provide the following information in the notification:

1) Beginning date of closure

2) Anticipated duration of closure, if known

3) Contact information of Caterer representative and

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4) Factors used to determine closure (e.g.: it will close if school districts close or government offices close).

4. If both parties cannot agree to continue their duties under this Contract due to emergency circumstances, the Institution or Facility may provide meals to enrolled children using a method of meal service that is allowed by the Institution or Facility’s food service inspection authority.

5. If both parties cannot agree to continue under this Contract due to emergency circumstances, but plan on continuing their duties under this contract once the emergency has ended, the parties may temporarily suspend services and the Institution or Facility may enter into a temporary agreement, using the Department’s temporary agreement form, with another Caterer as follows:

a. The parties must execute a written agreement to suspend services. This agreement must include the reason for the suspension of services, the date the suspension of services is to begin, and an anticipated date to resume services.

The Institution or Facility must send the Department a copy of this executed agreement within 24 to 48 hours of its execution.

b. The Institution or Facility may enter into a temporary agreement, using the

Department’s temporary agreement form, with another Caterer that furnished a bid when this Contract was initially procured or if another Caterer that previously furnished a bid is unavailable, the Institution or Facility may enter into a temporary agreement, using the Department’s temporary agreement form, with any other Caterer on the Department’s CCFP Caterer List. The term for the temporary agreement must not exceed the term of the original agreement and the temporary agreement is not eligible for renewal.

c. The Institution or Facility is not permitted to receive reimbursement for catered meals under a temporary agreement if totaling $50,000 or more, until the Department has granted final approval of all terms and conditions of the temporary agreement consistent with its authority prescribed by 7 C.F.R. § 226.21.

d. The Institution or Facility must contact the Department in writing to inform the

Department of the termination of the temporary agreement and resumption of services with the original Caterer within 24 to 48 hours of the termination of the temporary agreement.

C. Renewal:

1. The Institution or Facility reserves the option to renew the contract for no more than four additional one-year periods beyond the original contract term.

2. Renewal requires the execution of the appropriate 2024-2025 catering contract and renewal signature page for the upcoming Federal Fiscal Year beginning October 1, 2024. Any changes in terms and conditions require approval by the Department.

3. Contract renewal is not mandatory for the Institution or Facility, or the Caterer. Renewal of the contract will be completed by mutual agreement, in writing, and will not take effect until an authorized representative of both parties have signed the contract. This must take place before the end of the contract year September 30, 2024. An expired contract cannot be renewed.

4. Negotiation of price changes pertaining to the unit price will be allowed for the year of the contract renewal.

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5. The annual percentage increase will be adjusted upon notice from the USDA, based upon the annual adjustment to the national average payment rate (reimbursement rate) for meals and snacks served in participating Institutions and Facilities.

6. No price increase under this or any renewed contract will take effect without prior written consent signed by both Parties.

D. Assignment and Subcontracting:

1. The obligations of this contract cannot be assigned.

2. The Caterer must not subcontract for the total meal, with or without milk, or for the assembly of the meal.

E. Termination:

1. Termination at Will: This contract may be canceled by either Party upon no less than 30 days’ written notice, without cause, unless a lesser time is mutually agreed upon in writing by both parties. The notification must be delivered by certified mail, return receipt (or the equivalent private delivery service), by email, or in person with proof of delivery.

2. Termination for Cause:

a. Either Party may terminate this contract if the other Party fails to comply with the requirements of this contract. Upon election of its right to terminate the contract, the Party seeking to terminate this contract must send written notice twenty-four hours in advance, delivered by certified mail, return receipt (or the equivalent private delivery service), by email, or in person with proof of delivery, stating the specific instance(s) of non-compliance with the terms of this contract.

b. The Caterer may terminate this contract for the Institution or Facility’s failure to pay for catering services as follows:

1) The Caterer may terminate this contract for nonpayment if the Institution or Facility has failed to make full payment for any invoice 42 or more days after that invoice is due. Any claim the Caterer asserts for nonpayment must be supported by all delivery records, invoices, and a copy of the Institution’s or Facility’s account payment history.

2) The Caterer will retain the right under Florida law to seek payment for all services delivered under this contract.

c. Either party may terminate this contract if the Institution or Facility is not approved by the Department to participate in the CCFP, the Institution or Facility is terminated or suspended by the Department from the CCFP, or the Institution’s or Facility’s funding sources (such as participant payment, charity, and similar fund-raising activity) fail to provide sufficient resource to continue the Institution’s or Facility’s operation, or the Institution or Facility is disqualified from participation in the CCFP. The Institution or Facility will be responsible for meals that have been delivered to its institution or facility.

d. Either party may terminate this contract if the Caterer is suspended, debarred, or otherwise prohibited from accepting government contracts or government funding pursuant to 2 C.F.R. § 180, 2 C.F.R. § 200.13, and Appendix II to 2 C.F.R. § 200(H).

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3. Notice of Termination of Contract: The Institution or Facility must notify the Department by email, at CateringContractInbox@flhealth.gov of contract termination within 24 to 48 hours of sending or receiving a notice of termination.

F. Mediation:

1. The parties to the contract will attempt to resolve disputes under this contract through mutually agreed mediation.

2. Should mediation fail, disputes will be resolved under the laws of Florida.

3. Regardless of resolution, costs, or expenses for which the Institution or Facility subsequently accepts or is assigned liability will not be paid from CCFP reimbursement funds, unless those costs or expenses have been previously approved by the Department for reimbursement under the terms of this contract.

G. Business and Professional Qualifications: The Caterer must maintain their licensure with the applicable Licensing or Permitting Authority throughout the contract term. The Caterer’s food service establishment must be licensed, permitted, and inspected as required by:

1. Chapter 509, Florida Statutes, if the Caterer is regulated by DBPR

2. Section 381.0072, Florida Statutes, if the Caterer is regulated by the Department’s Bureau of Environmental Health or

3. Chapter 500, Florida Statutes, if the Caterer is regulated by Florida Department of

Agriculture and Consumer Services.

H. Independent Capacity of Parties: In the performance of this contract, each Party is an independent party to this contract. Each Party is responsible for its responsive obligations under this contract. Each Party’s officers, agents, or employees in performance of this contract will act in an independent capacity and not as an officer, employee, or agent of the Department.

I. Conflict of Interest:

1. Each party will be responsible for disclosing any conflict of interest that exists in the execution and administration of this contract.

2. Both Parties are required to complete the Conflict of Interest Questionnaire (Attachment

8). These records will be maintained in the Institution’s or Facility’s contract file and will be subject to review during CCFP site visits for the purpose of confirming that any conflict of interest has been disclosed.

J. Governing Law: This contract will be enforceable, construed, and governed by federal and Florida law. Parties will be required to comply with all applicable federal and state laws, rules, and regulations regarding the execution and enforcement of this contract and its use in the

CCFP.

VI. Special Provisions:

A. The Department may notify the appropriate Licensing or Permitting Authority of any health or safety violations that impact the Party’s responsibilities under this contract.

B. Waiver: No Party will be deemed to have waived a right, power, or privilege provided for hereunder, unless such waiver is made in writing, and signed by the Party against whom such waiver is sought.

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C. Energy Policy and Conservation Act (P.L. 94-163): Parties to this contract must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy efficiency conservation plan issued in compliance with P.L. 94-163.

D. Buy American Requirement:

1. Parties to this contract must comply with P.L. 105-336 to the maximum extent practicable to purchase food products that are produced in the United States.

2. The Parties are permitted exceptions to the “Buy American” requirement under the following conditions:

a. Products required for the preparation of catered meals are not produced or manufactured in the United States in sufficient and reasonable available quantities of a satisfactory quality or

b. The cost of the domestically produced food product that would be used in a catered meal is significantly higher than that of the foreign product.

E. Geographic Preference: The Institution or Facility may apply a geographic preference when procuring catered meal service to include unprocessed locally grown or locally raised agricultural products.

F. Minority Participation: The Institution or Facility will take affirmative steps to ensure that small businesses, minority-owned businesses and women’s business enterprises are used whenever possible. Affirmative steps will include the following:

1. Including qualified small businesses, minority-owned businesses, and women’s business enterprises on solicitation lists.

2. Assuring that small businesses, minority-owned businesses, and women’s businesses are solicited whenever they are potential sources.

3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small business, minority-owned business, and women’s business participation.

4. Where the requirement permits, establishing delivery schedules which will encourage participation by small businesses, minority-owned businesses, and women’s businesses.

5. Using the services and assistance of the Small Business Administration and the Department of Commerce’s Minority Business Development Agency in the solicitation and utilization of small businesses, minority-owned firms, and women’s business enterprises.

G. Equal Employment Opportunity: Parties to this contract must comply with Executive Order

11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, and further amended by Executive Order 11478. “Amending Executive Order 11246 Relating to Equal Employment Opportunity”, and as supplemented by regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

H. Cost of Contract Preparation: The Caterer, by its affirmative act of providing a bid for this contract, acknowledges that the Caterer is solely…