HomeMy WebLinkAboutExhibit 3Bureau of Child Nutrition Programa
Child Care Food Program
CONTRACT 2005.2006
ATTACHMENT 2
SERIOUS DEFICIENCIES, CORRECTIVE ACTION PLANS,
PROPOSED ACTIONS SUBJECT TO ADMINISTRATIVE REVIEW
AND THE NATIONAL DISQUALIFIED LIST
Ali contractors are required to abide by the requirements set forth in Title 7 Code of Federal Regulations Part 226.
All notices of serious deficiency, notices of proposed termination and notices of proposed suspension shall be
provided by the Department to the Contractor and its executive director, owner, and/or chairman of -the board of
directors and responsible principals or responsible individuals, as applicable, by facsimile transmission, e-mail,
certified mall or equivalent delivery service.
If the Department determines that, a contractor has felled to comply with a requirement of Title 7 Code of Federal
Regulations Part 226, which constitutes a serious deficiency the Department shall issue a Notice of Serious
Deficiency that specifies the serious deficiency or deficiencies and provides a date certain by which the Contractor
shall file 'a corrective action plan with the Department. If the corrective action plan Is timely filed and Is acceptable to
the Department, the Department will conduct an unannounced follow-up review of the Contractor. If the follow-up
review establishes that the serious deficiencies noted In the Notice of Serious Deficiency appear to have been fully
and permanently corrected, the Department will rescind the Notice of Serious Deficiency. If the follow-up review
does not establish that the serious deficiencies have been fully and permanently corrected the Department shall
issue a Notice of Proposed•Termination and Disqualification of Responsible Principals and Responsible individuals.
If the corrective action plan is not timely filed, or is not acceptable to the Department, the Department may grant
additional time to file or amend a corrective action plan or it may issue a •Notice of Proposed Termination and
Disqualification of Responsible Principals and Responsible Individuals.
If a Notice of Serlous Deficiency for the same or substantially the same serious deficiencies 1s issued within three
calendar years of a rescinded Notice of Serlous Deficiency, the Department shall' issue a Notice of Proposed
Termination and Disqualification of Responsible Principals and Responsible Individuals since the second Notice of
Serious Deficiency estabiishes.that the previous serious deficiency was not fully and permaoeritjy corrected.
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If the. Department determines that a contractor has filed a false or fraudulent claim, or if the Department determines
that there is an imminent threat to the health or safety of program participants, or that the contractor poses a threat
to public health or safety, it may issue a Notice of Proposed Suspension and shall provide notice of the procedures
for suspension review. In any such event, the Department shall propose termination and disqualification and provide
notice of procedures for administrative review.
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Administrative Review Rights
The Contractor is not entitled to 'administrative review of a Notice of Serious Deficiency. The Contractor Is
entitled to administrative review of other Department actions, as provided by Title 7 Code of Federal Regulations
Part 226, which affect the Contractor's participation or reimbursements in the Child Care Food Program, Including
but not limited to proposed termination and disqualification. To obtain an administrative review, the Contractor
and/or responsible principals or responsible individuals must request It In writing within 15 days of receipt of the
Department'snotice. The written request must be recelvect by the Department of Health Agency Clerk, Sam Power,
4052 Bald Cypress Way, Bin No. A-02, Tallahassee, Florida 32399-1703; telephone number 850-245.4005,
facsimile number 850.410-1448, within the time permitted. If no written request is submitted or if the written request
is not received within 15 days of the Department's notice, then the Department's proposed action against the
Contractor, responsible principals and responsible individuals shall no longer be subject to administrative review
and the proposed action will become effective. The Agency' Clerk wilt acknowledge receipt of the request for
administrative review within 10 days and, if the request was timely filed, will appoint an administrative review official.
If the request for administrative review was not timely filed, the Department shall notify the Contractor, responsible
principals and responsible individuals that review is no longer authorized and that the Department's proposed action
has now taken effect.
If a timely written request is submitted, the Contractor, responsible principals and responsible individuals must
submit documentation In opposition to the proposed Department action no later than 30 days after receipt of the
Department's notice to the administrative review official.. The Department may. submit documentation In support of
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its action within 15 days of the Contractor's request for administrative review. The administrative review official will
consider the Department's proposed actions based upon written submissions by the Department and the Contractor,
Child Care Food Program Contract
Attar- } ent 2, Page 2
A hearing will be held in addition to, or in lieu of, a review of written information only if the Contractor or a responsible
principal or individual requests such a hearing in the initial written request for administrative review. The
administrative review official may consider any evidence that he or she determines is credible, trustworthy and would
reasonably be relied upon by a prudent person in the conduct of his or her normal daily activities. Either party may
be represented by counsel. If a hearing is requested, the parties may call witnesses to testify and may cross
examine witnesses. Witnesses may testify by telephone and may be sworn over the telephone and may be
permitted to testify in narrative form. The administrative review official will issue a decision within 60 days of the
Department's receipt of a timely filed written request for administrative review.
The administrative review official's determination is the final administrative determination to be afforded to the
Institution and responsible principals and individuals.
National Disqualified List
If a contractor, responsible principals and responsible individuals do not timely request administrative review or if
administrative .review upholds the Department's proposed action for disqualification from the Child Care Food
Program, the Contractor and/or responsible principals and responsible individuals will be placed on the National
Disqualified List with the United States Department of Agriculture and will be prohibited from participating in the Child
Care Food Program for a period not to exceed seven years.
FY 2005-2006
Bureau of Child Nutrition Programs
Child Care Food Program
CONTRACT 2005-2006
ATTACHMENT 3
BUDGET AND BUDGET AMENDMENT REQUIREMENTS FOR SPONSORS OF
DAY CARE HOMES AND SPONSORS OF UNAFILLIATED CHILD CARE CENTERS
Any Contractor serving as a sponsor of day care homes or unaffiliated child care centers shall file an administrative
budget and any amendments to that budget through electronic submission to the Department using the forms
available on Child Care Food Program (CCFP) webaite. Each schedule shall be completed and submitted with the
budget summary. The budget must reflect protected costs for the federal fiscal year beginning October 1 of the
current year through September 30 of the next year, it Is not necessary to complete all line items and
corresponding schedules if expenditures will not be incurred for those specific items. The budget shall reflect
anticipated allowable costs associated with the business operations of the sponsoring organization. The costs on
the CCFP Administrative Budget Summary form must match those totals listed on each of the 23 supporting
schedules.
The Contractor shall use the Projected Administrative Earnings Worksheet to protect administrative earnings and to
project the administrative budget grand Iotal. The Contractor's administrative budget grand total must be equal to
or less than the total projected administrative earnings. For renewing contractors, a copy of the Contractor's
administrative budget summary tor the preceding federal fiscal year will be made available by the Department upon
request.
A number of expenditures are allowable under the •CCFI only If prior written approval is obtained from the
Department. The Department has anempted to Identify expenditures .which require such approvat in its
"Supplemental Budget for Special Cost, Items" form. Contractors shall use this form to obtain prior Departmental
approval. However, the Contractor shall provide to the Department any additional documentation, justification or
Information necessary to determine whether the expenditure is reasonable, prudent and In the furtherance of the
CCFP, in the sole discretion of the Department. Expenditures for which prior written approval Is being requested
shall be included on the applicable schedule.tn the Contractor's budget or amended budget.
The Contractor agrees that the Department shall have the authority to review and approve or disapprove budgets
and budget amendments which shall become final unless the Contractor timely requests administrative review as
permitted by the federal regulations. Contractors shall not make administrative expenditures except within the
category specified in the approved budget, however a Transfer of expenditure authority from one category to
another may be made In a budget year so long as the transfer amount does not exceed 10% of the category from
which the funds are being transferred and 10% of the category to which the funds are being transferred. This
transfer authority shall not be used for salary or benefit expenditure categories. Any alteration to salaries or
benefits requires submission of an amended budget and is subject to Departmental approval.
Submission and approval of a budget or budget amendment does not constitute the Department's agreement to the
expenditures made pursuant thereto. The Department's approval or review is Intended to assist Contractors In
meeting CCFP requirements. However, the Contractor is solely responsible for all expenditures and shall be
subject to notices of serious deficiency, proposed termination, disqualification, suspension, disallowance of
expenditures or other actions If the Contractor has failed to abide by anyapplicable state rules, policies, procedures
and manuals or any applicable federal'Child Care Food Program rules, regulations, instructions, or policies. • .
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