HomeMy WebLinkAboutexhibit4MAR-01-05 11 : 14 AM PARKS. DAY. CARE 305 860 3811 P. 09
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Bureau of Child Nutrition Programs
Child Care Food Program
FY 2004-2005 CONTRACT
ATTACHMENT 2
This attachment outlines procedures for addressing findings of serious deficiencies, requirements
for corrective action, and actions resulting from failure to correct serious deficiencies,
As established in Attachment 1 to the Child Care Food Program (CCFP) contract, any CCFP
contractor committing or engaging in acts which constitute serious deficiencies, including but not
limited to those in the attachment, is subject to termination from the program for cause.
Attachment 1 incorporates those serious deficiencies found in 7 CFR 226.6(c) and provides
examples of non-compliance.
DETERMINATION OF SERIOUS DEFICIENCY
If the Department of Health (DOH) identifies systemic and or serious problems, the contractor will
be declared seriously deficient by way of a Notice of Serious Deficiency and will be required to
take corrective action(s) to fully and permanently correct the problem(s). DOH will send the
Notice of Serious Deficiency to the contractors executive director, owner, and/or chairman of the
board of directors. The Notice will also identify responsible principals of the organization along
with any responsible individuals and will be sent to them as well.
cORRCTIVE ACTION
A follow-up visit will be made to determine if the contractor has corrected the deficiency and is in
compliance with other program requirements.
if corrective action(s) are taken to fully and perrnanenlly correct the serious deficiency(ies) within
the allotted time and no new findings are cited, the compliance review will be closed and the
serious deficiency determination will be rescinded. DOH will notify the contractor's executive
director, owner, chairman of the board of directors, and any additional responsible principals and
responsible individuals that DOH has rescinded its serious deficiency determination.
If corrective action is complete for the contractor but not for all of the responsible principals and
responsible individuals, DOH will continue with proposed termination and disqualification of the
remaining parties.
INTENT TQ TERMINATE
If timely corrective action is not taken to fully and permanently correct the serious deficiency(ies),
and/or additional serious deficiency(ies) are Identified, DOH will notify the contractor's executive
director, chairman of the board of directors, owner, and the responsible principals and/or
responsible individuals, that DOH is proposing to terminate the contractor's contract and to
disqualify the contractor and the responsible principals and responsible individuals. At the same
time the notice is issued, DOH will update DOH's list of seriously deficient contractors and
provide a copy of the notice of intent to terminate to the USDA Food and Nutrition Service,
The contractor will be notified in writing of its right to appeal the proposed termination.
Contractors appealing the proposed termination will be allowed to continue participation during
the appeal and will be reimbursed for all valid claims submitted to DOH that are supported by
appropriate documentation. However, If the serious deficlency(les) constitutes an imminent
threat to the health or safety of program participants, or if the contractor has engaged in activities
that threaten public health or safety, DOH may Immediately suspend the contractor's participation
and simultaneously propose their termination. Likewise, suspension and proposed termination
can be imposed in the event of submission of a false or fraudulent claim.
FY 2004 - 2005 Page 1 of 2
MAR-01--05 12:53 PM PARKS.DAY.CARC
305 660 3811 P,01
Child Caro Food Program Contract
Attachment 2, Pape 2
TERMINATION AND PLACEMENT ON NATIONAL DLSQUAUF Ep LIST
If a contractor, responsible principal, or responsible individual fails to timely appeal, or does not
prevail upon appeal, a letter will be sent to them informing them that they have been terminated
and disqualified from further program participation. A copy of this letter will be sent to the USDA
Food and Nutrition Service and the organization and/or individual(s) will be placed on the
National Disqualified List. Individuals and organizations on this list are barred from participating
in the Child and Adult Care Food Program.
FY 2004 — 2005
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