HomeMy WebLinkAboutEXHIBIT 3Bureau of Child Nutrition Programs
Child Care Food Program
CONTRACT 2008-2009
ATTACHMENT 2
SERIOUS DEFICIENCIES, CORRECTIVE ACTION PLANS,
PROPOSED ACTIONS SUBJECT TO ADMINISTRATIVE REVIEW
AND THE NATIONAL DISQUALIFIED LIST
All contractors are required to abide by the requirements set forth in Title 7 Code of Federal Regulations Part 226.
Alt 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 mail or equivalent delivery service.
If the Department determines that a contractor has failed 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 so notify the Contractor. 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 Serious Deficiency for the same or substantially the same serious deficiencies is issued within two
calendar years of a withdrawn Notice of Serious. 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 establishes that the previous serious deficiency was not fully and permanently corrected.
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.
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
Departments notice. The written request must be received 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 will 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
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.
FY 2008-2009
Authorization Number: S-576
Delegation of Signing Authority
for the Child Care Food Program
To Whom it May Concern:
By means of this letter, 1, Pedro G. Hernandez, City Manager (the Delegating
Official, which is the Chairman of the Board, President or Owner), delegate the authority
herein described, to Christine Long
terms and conditions:
(my representative), on the following
1. My representative may sign, on my behalf, any documents pertaining to the Child Care
Food Program.
2. The effective date of this delegation is and shall run until
September 30, 2009 or until revoked by the delegating official, whichever is sooner.
3. The authority delegated is not subject to sub -delegation without my prior and written
consent.
4. I understand that this delegation does not relieve me of responsibility to manage and
supervise operation of the Child Care Food Program, that I may be liable for repayment
of funds received and that I may be subject to disqualification from future participation in
the Child Care Food Program should the terms of the contract with DOH for participation
in the Child Care Food Program not be fulfilled.
Acknowledged and agreed:
Signature (Delegating Official)
Pedro G. Hernandez, City Manager
Name and Title (Chairman of the Board,
President or Owner)
Date
Signature (Representative)
Christine Long, Day Care Administrator
Name and Title
Date
Rev. 3/2008 I-132-03