115 West Washington Street, South Tower, Suite 600 / (317) 232-0850 or (800) 537-1142
Indianapolis, IN 46204 / REVISED 11/2016
INDIANA DEPARTMENT OF EDUCATION
State Agency - Sponsor Agreement for Child Nutrition Programs
Instructions: The Sponsor should complete, sign, and return to the Indiana Department of Education, School and Community Nutrition.
LEGAL NAME and ADDRESS OF ORGANIZATION / FOR USE BY IDOEAGREEMENT NO:
EFFECTIVE DATE:
Federal ID # / Sponsor Type:
The following documents shall be considered a part of this Agreement as applicable and are incorporated herein by reference:
NSLP, SBP, SMP FDP CACFP SFSP
CNPweb® Sponsor Info CNPweb® Delivery Info CNPweb® Sponsor Info CNPweb® Sponsor Info
CNPweb® Site Info Management Plan & Budget Administrative & Operating Budget
Policy Statement Media Release CNPweb® Site Info
CNPweb® Site/Provider Info Policy Statement/News Release
Appeal Procedures Appeal Procedures
Mark each applicable box to indicate the programs you agree to operate:
Type of Sponsor / National School Lunch Program / School Breakfast Program / Special Milk Program / Food Distribution Program / Child/AdultCare
Food Program / Summer Food Service Program
Check Programs Sponsor Participates in:
Authority
Indiana Code 20-26-9-8 / 7 CFR
Parts 210, 245, 250;
2 CFR Part 200 / 7 CFR
Parts 220, 245;
2 CFR Part 200 / 7 CFR
Parts 215, 245;
2 CFR Part 200 / 7 CFR Part 250;
2 CFR Part 200 / 7 CFR
Parts 226, 240, 245;
2 CFR Part 200 / 7 CFR
Parts 225, 245;
2 CFR Part 200
Definitions:
Child Nutrition Programs: Federally funded nutrition programs administered by the United State Department of Agriculture (USDA) according to the National School Lunch Act of 1946 (P.L. 79-396), as amended, and the Child Nutrition Act of 1966 (P.L. 89-642), as amended. Specifically, for the purpose of this agreement: the National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP), Summer Food Service Program (SFSP), Child and Adult Care Food Program (CACFP) and Food Distribution Program (FDP) are herein referred to as Program(s).
Federal Assistance: Any funding, property or aid which is provided to a State Agency, Sponsor, School Food Authority, Institution or Program Recipient Agency for the purpose of providing Program benefits or services to eligible participants.
Institution: A sponsoring organization, child care center, outside-school-hours care center or adult day care center which enters into an agreement with the State Agency to assume final administrative and financial responsibility for Program operations.
Program Recipient Agency: Any eligible nonprofit organization that receives food under 7CFR Part 250, Food Distribution Program.
School: An educational unit as defined in 7CFR Parts 210, 215 and 220.
School Food Authority (SFA): The legal governing body responsible for the administration of one or more schools and which has the legal authority to enter into an agreement with the State Agency to operate Child Nutrition Programs.
Sponsor: A public or private nonprofit or for-profit organization, which is approved to operate a Child Nutrition Program as defined in 7 CFR Parts 215, 225 and 226. The Sponsor, SFA, Program Recipient Agency, Institution or organization who is party to this contract.
State Agency: The State educational agency approved by the USDA to administer Child Nutrition Programs within the State. For the purposes of this agreement, the State Agency is the Indiana Department of Education (IDOE).
This Agreement shall be effective commencing on the date specified unless terminated earlier as provided herein. The State Agency may continue this Agreement each year thereafter, by notice in writing given to the Sponsor as soon as practicable after funds have been appropriated by Congress for carrying out any of the purposes of the National School Lunch Act and of the Child Nutrition Act of 1966 and other applicable legislation during each year. Continuation of the Agreement, however, shall be contingent on an acknowledgment by the Sponsor, in writing, of its intention to continue program participation in accordance with the provisions set forth in this Agreement. The Sponsor shall notify the State Agency whenever significant changes occur in the operation of its Program(s).
The Sponsor’s participation in any Program covered in this Agreement may be terminated in accordance with the grant close-out procedures found in 2 CFR Part 200 as applicable. Either party hereto may, by giving at least 30 days written notice, terminate this Agreement. Upon termination or expiration of this Agreement, as provided herein, the State Agency shall make no further disbursement of funds to the Sponsor in accordance with this Agreement, except to reimburse the eligible Program Sponsor in connection with breakfasts, lunches, suppers, supplemental meals (snacks) or milk served on or prior to the termination or expiration date of this Agreement. The obligations of the State Agency under the above-cited regulations shall continue until the requirements thereof have been fully performed.
No termination or expiration of this agreement shall affect the obligation of the Sponsor to maintain and retain records as specified herein and to make such records available for audit or investigation.
Assurance of Civil Rights Compliance
The Sponsor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d) et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et. seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination in Employment Act of 1975 (42 U.S.C. 6101 et. seq.), all provisions required by the Department of Agriculture; the Department of Justice Enforcement guidelines, 28 CFR 42 and 50.3; and directives and guidelines such that NO PERSON SHALL, ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY, BE EXCLUDED FROM PARTICIPATION IN, BE DENIED BENEFITS OF, OR OTHERWISE BE SUBJECTED TO DISCRIMINATION UNDER ANY PROGRAM OR ACTIVITY FOR WHICH FEDERAL FINANCIAL ASSISTANCE IS RECEIVED FROM USDA, FOOD AND NUTRITION SERVICE; AND HEREBY GIVES ASSURANCE THAT MEASURES WILL BE TAKEN IMMEDIATELY TO EFFECTUATE THIS AGREEMENT.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grants or donations of Federal property and interest in property, the detail of Federal property, the detail of Federal personnel, the sale and lease of, the permission to use, Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Sponsor by the USDA. This includes any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for the purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.
The Sponsor agrees to compile data, maintain records, and submit reports as required to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance the Department of Agriculture, Food and Nutrition Service shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Sponsor and its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the USDA.
This assurance is provided pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Breach of this assurance may be regarded as a material breach of this Agreement, but nothing in this assurance shall be construed to imply or establish an employment relationship between the State Agency and any applicant or employee of the Sponsor or any subcontractor.
Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Sponsor covenants that it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s: race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state, or local law (“Protected Characteristics”). Furthermore, Sponsor certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services.
The Sponsor understands that the State Agency is a recipient of federal funds, and therefore, where applicable, Sponsor and any subcontractors agree to comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246.
MAINTAINING A DRUG-FREE WORKPLACE
The Sponsor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Sponsor will give written notice to the State Agency within ten (10) days after receiving actual notice that the Sponsor or an employee of the Sponsor in the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of payments, termination of this Agreement and/or debarment of contracting opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraphs, if the total amount set forth in this Agreement is in excess of $25,000.00, the Sponsor hereby further agrees that this Agreement is expressly subject to the terms, conditions, and representations of the following certification:
This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. No award of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Sponsor and made a part of the contract or agreement as part of the Agreement documents.
The Sponsor certifies and agrees that it will provide a drug-free workplace by:
A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the Sponsor’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the Sponsor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
D. Notifying the State Agency in writing within ten (10) days after receiving notice from an employee under subdivision C(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision C(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (A) through (E) above.
EMPLOYMENT ELIGIBILITY VERIFICATION
The Sponsor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien.
The Sponsor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Sponsor is not required to participate should the E-Verify program cease to exist. Additionally, the Sponsor is not required to participate if the Sponsor is self-employed and does not employ any employees.
The Sponsor shall not knowingly employ or contract with an unauthorized alien. The Sponsor shall not retain an employee or contract with a person that the Sponsor subsequently learns is an unauthorized alien.
The Sponsor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Sponsor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Sponsor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.
The State may terminate for default if the Sponsor fails to cure a breach of this provision no later than thirty (30) days after being notified by the State.
In order to enroll in the E-Verify program Sponsor and grantees may visit: https://everify.uscis.gov/enroll.
More information on the E-Verify program can be found at the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service, website at: https://www.uscis.gov/portal/site/.
The State AGency’S Obligations
A. Reimbursement and Allocation. IDOE shall reimburse the Sponsor, to the extent of available funding, for meals and/or milk served under the Program(s) in accordance with applicable rules, regulations, policies, and guidelines. IDOE shall also allocate for the sole benefit of the Program participants Commodities, or cash in lieu of Commodities where applicable, to the extent available and allowable.