Ade Form 718 - Permanent Agreement Page 5
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23ARIZONA DEPARTMENT OF EDUCATION
Child Nutrition Programs
1535 West Jefferson Street
Phoenix, Arizona 85007
CHILD AND ADULT CARE FOOD PROGRAM
PERMANENT AGREEMENT
Revised May 2011
CFDA# 10.558
A.G. Contract No. KR02-1170-ALS
5.
These assurances are binding on SPONSOR, its successors, transferees and assignees as long
as such person or entity receives assistance or retains possession of any assistance from
USDA.
6.
The SPONSOR agrees to maintain information on Civil Rights complaints, if any, and their
resolutions.
7.
The SPONSOR agrees to provide a public release to the media serving the area(s) from
where attendance is drawn, announcing the availability of meals to enrolled children without
regard to age, race, color, religion, national origin, disability or sex upon submission of an
initial application.
8.
SPONSOR agrees to provide written notification of participation in the PROGRAM to
participants or their parents or guardians. Notification must include PROGRAM description
and contact information for ADE.
E.
RIGHT OF JUDICIAL ENFORCEMENT; CHOICE OF LAW
The SPONSOR recognizes and agrees that such federal financial assistance will be extended in
reliance on the representations stated herein and that the United States and the State of Arizona,
individually or jointly, shall have the right to seek judicial enforcement of this Agreement. This
Agreement is made in the State of Arizona and shall be interpreted by the laws of the State of
Arizona; any litigation arising out of this Agreement shall be brought in Arizona. All disputes
relative to the performance of the SPONSOR under this Agreement shall be resolved between the
parties, as provided in Sections F(10) and F(12) of this Agreement.
F.
MUTUAL OBLIGATIONS, RESPONSIBILITIES AND WARRANTIES
ADE and the SPONSOR mutually agree that:
1.
ADE shall promptly notify the SPONSOR in writing of any change in the minimum meal
requirements or the assigned rates of reimbursement.
2.
ADE may provide advance payments to each SPONSOR upon ADE discretion.
Determination of advance payments will be based upon the SPONSOR’S request and
ADE approval consistent with the regulations, ADE policy and available funds.
3.
Payments advanced to SPONSORS that are not subsequently deducted from a valid claim
for reimbursement shall be repaid upon demand of ADE.
4.
No member of or delegate to Congress, or resident commissioner, shall be admitted to
any share or part of this Agreement or to any benefit that may arise therefrom; but this
provision shall not be construed to extend this Agreement if made with a corporation for
its general benefit.
ADE FORM 718 (799)
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