Ade Form 718 - Permanent Agreement Page 6
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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.
This Agreement shall become effective on the date of approval by ADE, as to agreements
not governed by A.R.S. § 11-951, et seq. Agreements governed by A.R.S. § 11-951, et
seq., as defined under ARS §15-1152, et seq., shall become effective when filed with the
Arizona Secretary of State. Before any amendment may become effective, appropriate
action must be taken by ordinance, resolution or other action pursuant to the laws
applicable to public agencies entering into this agreement.
6.
The SPONSOR shall receive Cash in Lieu of commodity foods that are typically
provided by the USDA to schools.
7.
No right or interest in this Agreement shall be assigned or delegated without the written
permission of the other party.
8.
This Agreement may be canceled upon thirty (30) days written notice by either party.
Notwithstanding the foregoing, ADE may cancel this agreement immediately upon
receipt of evidence that the terms hereof have not been complied with by the SPONSOR.
9.
In the event that funding ceases or becomes unavailable to provide for the terms of this
agreement, ADE shall immediately notify the SPONSOR and the SPONSOR shall cease
to perform the terms of this Agreement and ADE may terminate this Agreement. No
liability shall accrue to ADE in the event this Agreement is terminated for lack of funds,
and ADE shall not be obligated or liable for any future payments or for any damages as a
result of termination under this paragraph.
10.
ADE shall provide, upon written request in writing from the SPONSOR, and in
accordance with 7 CFR part 226, a fair hearing to determine the application of any action
taken by ADE that will affect the participation or reimbursement of a SPONSOR in the
PROGRAM. A copy of the hearing procedure shall be provided to the SPONSOR.
11.
The SPONSOR shall repay to the federal government or ADE all monies determined by
any financial-compliance audit or review to be owed to the federal government or ADE
in connection with any PROGRAM for which the SPONSOR has received funds. If the
SPONSOR fails to make such repayment within thirty (30) days after demand by ADE,
the SPONSOR shall pay all reasonable attorneys' fees based on reasonable hourly
charges of like experienced attorneys in Phoenix, Arizona for the Assistant Attorney
General representing ADE or the attorney representing USDA in seeking to enforce this
paragraph.
12.
In the event of any dispute arising out of or related to this agreement, the parties agree to
use arbitration, after exhausting applicable administrative review, insofar as required by
A.R.S. § 12-1518, if not in conflict with federal law.
13.
Procurement practices shall be in accordance with the Arizona Procurement Code and
Regulations, OMB Circulars A-133 and 7 CFR parts 3015 and 226.22. All claims and
controversies shall be subject to the Arizona Procurement Code, A.R.S. § 41-2501 et
ADE FORM 718 (799)
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