Res No. 74-18 RESOLUTION NO. 74-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AN AGREEMENT WITH THE STATE
OF FLORIDA STATEWIDE READINESS PROVIDER; THE
EARLY LEARNING COALITION OF PALM BEACH COUNTY
FOR THE SCHOOL READINESS PROGRAM FOR THE
AFTERSCHOOL PROGRAMS AT THE POMPEY PARK-
COMMUNITY
ARKCOMMUNITY CENTER AND THE DELARY BEACH
COMMUNITY CENTER; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND TAKE
ALL ACTIONS NECESSARY TO EFFECTUATE THIS
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter; and
WHEREAS,the City desires to provide a scholarship program for the afterschool program at the
Pompey Park Community Center and Delray Beach Community Center;and
j WHEREAS, the City desires to enter into an agreement with the Early Learning Coalition of
Pahn Beach County to provide these services.
WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of
the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at
large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Corftni.ssion of the City of Delray Beach has reviewed and hereby
approves this Agreement between the Early Learning Coalition of Palm Beach County,which is attached
to this Resolution as Exhibit A.
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Section 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
jSection 3. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED in regular session on the day of , 2018.
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ATT ;ST: "`" A Y O R
I , tern Johnsi, City Clerk.„
°v s o foan 1 sufficiency:
Max L n, City Attorney
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_ STATE OF FLORIDA
r STATEWIDE SCHOOL READINESS PROVIDER CONTRACT
FORM OEL-SR 20
I. PARTIES AND TERMS OF CONTRACT
1. Parties. This Contract is made and entered into this 01 day of
July —52018 , by and between the Early Learning Coalition of
Palm Beach County (herein referred to as "COALITION"), and
City of Delray Beach (herein referred to as "PROVIDER"), with
its principal offices located at 50 North West 1st Avenue Delray Beach,FL 33444
a. Multiple Public School Locations. If PROVIDER is a school district executing a single
Contract on behalf of multiple public school School Readiness (SR) Program providers, a list
of their names and their physical addresses are included in Exhibit 1: Provider Location List.
Thereafter, PROVIDER shall include each location listed in Exhibit 1.
b. Multiple Private Locations. If PROVIDER is executing a single Contract on behalf of
multiple private SR provider sites within COALITION's service area, a list of their names and
their physical addresses are included in Exhibit 1: Provider Location List. Thereafter,
PROVIDER shall include each location listed in Exhibit 1.
c. Employer Identification Number. Insert PROVIDER's EIN here:59-60000308 If
PROVIDER does not have an EIN, PROVIDER must insert PROVIDER's Social Security
Number(SSN)here . PROVIDER's EIN or SSN is
requested in accordance with sections (ss.) I I9.071(5)(a)2. and 119.092, F.S., for use in the
records and data systems of the Office of Early Learning and COALITION. Submission of
PROVIDER's EIN or SSN is mandatory. PROVIDER's EIN or SSN will be used for
processing payments to PROVIDER as an SR provider, for reporting those payments for
federal tax purposes, and for routine identification. If PROVIDER completes Exhibit 1 listing
multiple locations with multiple EIN numbers,this paragraph may be left blank.
2. Purpose. This Contract is designed to inform PROVIDER of the requirements of participation in
the SR Program. Payment is not conveyed to PROVIDER through this Contract. Instead,
PROVIDER must agree to comply with the terms and conditions of this Contract in order to be
eligible to participate in the SR Program. Thiscontract is to engage an eligible provider to
provide SR services to eligible SR children. PROVIDER will receive payment based on
Legislative appropriations,the Office's Child Attendance and Provider Reimbursement(Rule
6M-4.500, Florida Administrative Code (F.A.C.)), and Reimbursement During Emergency
Closures (Rule 6M-8.501, F.A.C.)
3. Term. This Contract begins on July 1st of the fiscal year(20 J8 or on the date
on which the Contract is signed and dated by the last party required to sign the Contract,whichever
occurs last, and the Contract ends on (COALITION select one) ®June 30th of the fiscal year
2019 or ❑the last day of the month twelve (12) months after the effective date of the contract
as indicated herein.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 1 of 26
4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for SR Program
services performed before this Contract is fully executed by both parties or after expiration of the
Contract.
5. Applicable Law. PROVIDER and COALITION agree that the following, including any revision
made after the execution of this Contract, are the provisions governing the SR Program and that
PROVIDER and COALITION will be bound by the same:
- 42 U.S.C. §9858, et seq.;
-45 C.F.R. §98;
- 45 C.F.R. §99;
- Chapter 1002, Florida Statutes;
- Chapter 6M-4, Florida Administrative Code; and
- Chapter 6M-9, Florida Administrative Code.
6. Not Transferrable. This Contract is not transferrable or assignable to another entity. A change in
ownership requires execution of a new contract. In the event of a change of ownership, sale, sale
of assets,conveyance of ownership or other transfer of ownership interest,the provider shall notify
the coalition no later than 30 calendar days prior to the transfer of ownership.
IL PROVIDER ELIGIBILITY
7. General Eligibility
a. Provider Type. To be eligible to deliver the School Readiness Program, PROVIDER must be
one of the provider types identified in section (s.) 1002.88(1)(a), F.S., listed below.
Check the box to indicate PROVIDER's type:
❑ A child care facility licensed under s. 402.305, F.S. (Form OEL-SR 20L is hereby
incorporated by reference and must be completed as an authorized attachment to this
Contract.)
❑ A family day care home licensed or registered under s. 402.313, F.S. (Form OEL-SR 20L
is hereby incorporated by reference and must be completed as an authorized attachment to this
Contract.)
❑ A large family child care home licensed under s. 402.3131, F.S. (Form OEL-SR 20L is
hereby incorporated by reference and must be completed as an authorized attachment to this
Contract.)
❑ A public school or nonpublic school exempt from licensure under s. 402.3025,F.S. (Form
OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized
attachment to this Contract.)
❑ A faith-based child care provider exempt from licensure under s. 402.316, F.S. (Form
OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized
attachment to this Contract.)
® A before-school or after-school program described in s. 402.305(1)(c), F.S.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 2 of 26
® For a licensed before-school or after-school program described in s.
402.305(1)(c), F.S., Form OEL-SR 20L must be completed as an authorized
attachment to this Contract.
❑ For a license exempt or programs that are not required to be licensed as
described in Rule 65C-22.008, F.A.C., before-school or after-school program
described in s. 402.305(1)(c), F.S., Form OEL-SR 20LE must be completed as an
authorized attachment to this Contract.
❑ An informal child care provider to the extent authorized in the state's Child Care and
Development Fund Plan as approved by the United States Department of Health and Human
Services pursuant to 45 C.F.R. s. 98.18. (Form OEL-SR 20FFN is hereby incorporated by
reference and must be completed as an authorized attachment to this Contract.)
b. Eligibility pursuant to s. 1002.91(5), F.S. PROVIDER represents that PROVIDER, or an
owner, officer, or board director thereof, has not been convicted of, found guilty of, or pled
guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s.
414.39,F.S.,within the last five(5)years and is not acting as the beneficial owner for someone
who has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of
adjudication, public assistance fraud pursuant to s. 414.39, F.S.,within the last five (5) years.
c. Eligibility pursuant to s. 1002.91(7),F.S. PROVIDER represents that PROVIDER is not on
the United States Department of Agriculture National Disqualified List nor does PROVIDER
share an officer or board director with a provider that is on the United States Department of
Agriculture National Disqualified List.
d. Eligibility pursuant to the successful completion of terms of existing corrective action
plans or probation. PROVIDER represents that PROVIDER agrees to successfully complete
previous corrective action or terms of probation due to noncompliance determinations from a
prior Contract,as applicable,for the duration of this Contract.PROVIDER also represents that
currently PROVIDER, or an owner, officer, or board director thereof, has not had their
eligibility to provide School Readiness services revoked. For multi-site PROVIDERS, such as
corporate chains or school districts,eligibility revocation is per site and not all locations unless
specifically determined otherwise by the coalition pursuant to criteria referenced in Paragraph
60 of this contract.
e. Eligibility pursuant to ss. 1002.82 and 1002.84,F.S.PROVIDER represents that PROVIDER
must have a pre-contractual inspection conducted by the Department of Children and Families
or local licensing agency(as applicable)to ensure compliance with health and safety standards
and checklist(s) established pursuant to Rule 6M-4.620, F.A.0 to be eligible to deliver the
School Readiness Program.
III. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK
8. Child Enrollment. PROVIDER agrees to enroll eligible children for the SR Program only with
authorization from COALITION which will be provided in the form of a child care certificate.
PROVIDER also understands that it will not be reimbursed for services provided to a child beyond
the service begin and end date identified by COALITION on the child care certificate, or if the
child's eligibility is terminated prior to the end date. As described in s. 1002.87(2), F.S.,
PROVIDER also agrees to serve children enrolled into its SR Program according to the services
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 3 of 26
and location established by COALITION on the child care certificate indicating authorized hours
of care. In the event that PROVIDER has multiple locations, PROVIDER shall notify and obtain
approval from COALITION prior to changing the location where the child shall be served.
9. Child Care. PROVIDER agrees to provide child care and to supervise enrolled children at the
care level designated by the child care certificate received from the COALITION. Pursuant to 45
C.F.R s. 98.2, child care is defined as the care given to an eligible child by an eligible child care
provider. PROVIDER will comply with all applicable state and federal laws, regulations and other
standards and requirements in providing child care services under this agreement.
10. Instruction and Activities. In accordance with s. 1002.88(1)(b),F.S.,PROVIDER agrees to offer
instruction and activities to enhance the age-appropriate progress of each child in attaining the
child development standards established by the Florida Early Learning and Developmental
Standards: Birth to Five, Form OEL-SR 30, adopted by the Office of Early Learning in Rule 6M-
4.700, F.A.C. PROVIDER agrees to include activities to foster brain development in infants and
toddlers; provide an environment that is rich in language and appropriate and child-friendly music
and filled with objects of various colors, shapes, textures, and sizes to stimulate visual, tactile,
auditory, and linguistic senses; and include at least thirty (30) minutes of reading to children each
day.
11. General Health and Safety.
a. Provider agrees to provide a healthy and safe environment for children in care pursuant to s.
402.305(5), (6), and (7), F.S., Rule 6M-4.620, F.A.C, and all Forms adopted by reference, as
applicable, and as verified pursuant to s. 402.311, F.S. Health and Safety requirements are
specifically addressed in the administration of the Child Care and Development Block Grant
pursuant to 45 CFR 98 and in each provider type attachment.
b. Supervision. Provider agrees to provide minimum staff-to-children ratio by provider type at
all times and direct supervision to ensure the health and safety of children in care.
12. Smoke Free Environment. In accordance with Part C of Public Law 107-110 (No Child Left
Behind), the "Pro-Children Act of 2001," no child care facility shall permit smoking within any
indoor facility (or portion of such facility) operated by PROVIDER, to provide routine child care
or early childhood development services to children. This does not apply to any portion of such
facility that is used for a private residence. Individuals in violation are subject to a $1,000 fine,
administrative compliance or both.
13. Curricula. In accordance with s. 1002.88(1)(f), F.S., PROVIDER agrees to use the following
state-approved curriculum or curricula in the provision of the SR Program:
n/a
edition or date:
If PROVIDER is using different curricula at different PROVIDER sites listed in Exhibit 1,
PROVIDER must complete the column in Exhibit 1 indicating the name of the curriculum or
curricula being used at each site. If PROVIDER is offering school age programs exclusively,
PROVIDER may insert"Not Applicable" in the space provided.
14. Character Development Program. In accordance with s. 1002.88(1)(g),F.S.,PROVIDER agrees
to implement the following character development program to develop basic values:
n/a I edition or
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 4 of 26
date:
If PROVIDER is using a different program at different PROVIDER sites listed in Exhibit 1,
PROVIDER must complete the column in Exhibit 1 indicating the name of the character
development program being used at each site. If PROVIDER is offering school age programs
exclusively, PROVIDER may insert"Not Applicable" in the space provided.
15. Developmental Screenings. PROVIDER acknowledges that Provider is
responsible for conducting developmental screenings for each child aged six weeks to kindergarten
eligibility in accordance with Rule 6M-4.720, F.A.C. In accordance with s. 1002.88(1)(h), F.S.,
PROVIDER must collaborate with COALITION to complete initial screening for each child, aged
six weeks to kindergarten eligibility,within forty-five(45)days after the child's first or subsequent
enrollment, to identify a child who may need individualized supports. PROVIDER acknowledges
that COALITION is responsible for initiating individualized services, including but not limited to
providing referrals,based on child screening results. PROVIDER and COALITION acknowledge
that pursuant to s. 1002.84(5), F.S., screening shall not be a requirement of entry into the School
Readiness Program and shall be only given with parental consent.
Subsequent Screenings. PROVIDER acknowledges that Provider is responsible
for subsequent screenings. Subsequent screening will be conducted at a minimum,annually in the
month of the child's birthday or at time of redetermination in accordance with Rule 6M-4.720,
F.A.C.
16. Prohibited Forms of Discipline. In accordance with s. 1002.88(1)(i),F.S., PROVIDER agrees to
implement minimum standards for child discipline practices that are age-appropriate and
consistent with the requirements in s. 402.305(12), F.S. Such standards must provide that children
not be subjected to discipline that is severe, humiliating or frightening. The discipline must not be
associated with food, rest or toileting. Spanking or any other form of physical punishment is
prohibited. Children may not be denied active play as a consequence of misbehavior.
17. Child Immunizations and Health Screenings. In accordance with s. 1002.88(1)0), F.S., within
thirty (30) calendar days of enrolling a child, PROVIDER agrees to obtain and retain information
from the parent regarding the child's age-appropriate immunizations, physical development and
other health requirements as indicated on the Student Health Examination form DH 3040 and
Florida Certification of Immunization form Part A-1, B, or C DH 680 or the Religious Exemption
from Immunization form DH 681.
18. Program Operation. In accordance with s. 1002.88(1)(k), F.S., if PROVIDER offers before-
school or after-school programs, PROVIDER agrees those programs shall meet or exceed the
requirements of s. 402.305(5), (6), and (7), F.S. In accordance with s. 1002.88(1)(q), F.S., and as
identified in Exhibit 3,PROVIDER agrees to operate on a full-time and part-time basis and provide
extended-day and extended-year services to the maximum extent possible without compromising
the quality of the program to meet the needs of parents who work.
19. Workers' Compensation and Reemployment Assistance. In accordance with s. 1002.88(1)(n),
F.S., PROVIDER agrees to obtain and maintain any required workers' compensation insurance
under Chapter 440, F.S., and any required reemployment assistance or unemployment
compensation coverage under Chapter 443, F.S.
20. Sign-In/Sign-Out Process. PROVIDER agrees to maintain daily attendance documentation,
including a documented "sign-in/sign-out" process in accordance with Rule 6M-4.500(1)(c),
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 5 of 26
F.A.C. which accurately documents attendance and absences. PROVIDER agrees to retain the
attendance documentation in accordance with COALITION's records retention requirement
established in accordance with s. 1002.84(10), F.S.
21. Child Absences. In accordance with s. 1002.87(8), F.S., PROVIDER agrees to notify
COALITION in writing if a child enrolled is absent for five (5) consecutive days with no contact
from the parent by the close of the fifth(5th)day. In accordance with ss. 1002.81(5)and 1002.87(7),
F.S., if the need for care cannot be re-established, then the COALITION will notify the
PROVIDER and the parent that school readiness funding will be discontinued. The end of
eligibility for funded child care services will be fourteen (14) days from the fifth(5th) day that the
child was not in attendance with no contact from the parent.
22. Rilya Wilson Act and At-Risk Children. In accordance with s. 1002.87(9), F.S., PROVIDER
agrees to abide by the provisions of the"Rilya Wilson Act" (s. 39.604, F.S.) for each at-risk child
under the age of school entry who is enrolled in the School Readiness Program.
23. Parental Choice. PROVIDER agrees that the parent has the right to choose the provider of child
care services for his/her children. In the event the parent chooses to change to a different SR
PROVIDER, it is within the parent's rights to do so, except as limited by s. 1002.84(8), F.S., as
described in paragraph 46.c.
24. Parental Access. PROVIDER agrees to afford authorized parents unlimited access to their
children in SR Programs, during normal hours of provider operation and whenever the children
are in the care of the provider. Access may be subject to appropriate safety procedures.
25. Statewide Information System. PROVIDER agrees to utilize the statewide information system
as referenced in s. 1002.82(2)(n), F.S., as available, to submit information and updates regarding
the SR Program. The PROVIDER shall register and execute this Contract on the Provider Portal
found on https://providerservices.floridaearlyleaming.com.
26. Child Care Resource and Referral. PROVIDER agrees to participate in the annual update
process coordinated by each Child Care Resource and Referral agency as described in Rule 6M-
9.300(5) and (6), F.A.C.
27. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit in
order to receive SR reimbursement for services rendered.PROVIDER agrees to provide alternative
reimbursement arrangements if PROVIDER chooses to opt out of Direct Deposit, however, the
reimbursement may be delayed up to 21 calendar days should the PROVIDER choose to opt out.
28. Deliverables
Deliverable Tasks and Activities Due Date Payment
1. One month of Child enrollment activities per Monthly Per the level of service:
child care services the requirements in section III established by the child
care certificate
Instruction and activities per provided to the
the requirements in section III PROVIDER by the
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 6 of 26
Deliverable 'Tasks and Activities Due Date Payment
Health and safety activities per COALITION; at the
the requirements in section III rates specified in
Exhibit 3: Provider
Use of curriculum per the Reimbursement Rates;
requirements in section III and documented
through an approved
Character development monthly attendance
activities per the requirements report
in section III
2. Monthly Monthly attendance report Monthly by the N/A
attendance report submitted by the PROVIDER day indicated in
to the COALITION per the section VII
requirements in section VII
3. Proof of If applicable: N/A
Developmental
Screening
Applies to providers Developmental screenings for Within 45 days
responsible for each child aged six weeks to after the child's
developmental kindergarten eligibility per the first or
screening as indicated requirements in section I1I. subsequent
in section III enrollment
Proof of Subsequent screenings Annually
Developmental conducted annually in month
Screening(continued) of child's birthday.
PROVIDER shall submit the Within thirty(30)
child's screening results to the calendar days of
COALITION completion of
screening
Enter the data into an Within sixty(60)
electronic system calendar days
after screening
PROVIDER shall provide in
writing the screening results
for each child to the child's
parent.
IV. COALITION RESPONSIBILITIES
29. Training and Technical Assistance. COALITION will notify PROVIDER of the availability of
training, technical assistance, and other targeted assistance in support of the provision of quality
SR services.
Foran OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 7 of 26
30. Developmental and Subsequent Screenings. Applicable if PROVIDER is responsible for
Developmental Screenings and Subsequent Screenings as indicated in paragraph 15. COALITION
shall give notification to PROVIDER a minimum of thirty(30) calendar days prior to the date the
child must be screened. COALITION will have staff persons available to explain screening results
if requested by a parent.
31. Child Eligibility. COALITION has the responsibility for determining the eligibility.of children
enrolling in the SR Program. COALITION will issue forms that make up a child care certificate
(also known as a payment certificate), as described in s. 1002.82(6)(b) and(c), F.S., to the parent
of each eligible child who enrolls in the SR Program.
32. Limitations on Authority. COALITION may not impose any requirement on PROVIDER that
exceeds the authority provided under Chapter 1002, F.S., or rules adopted pursuant to Chapter
1002, F.S.; or require PROVIDER to administer a pre-assessment or post-assessment.
V. MONITORING,AUDITING AND ACCESS
33. Monitoring.
a. COALITION will monitor PROVIDER for compliance with this Contract and the provisions
governing the SR Program listed in paragraph 5., in accordance with s. 1002.85(2)(h), F.S.
PROVIDER will be monitored in accordance with the COALITION monitoring plan, or in
response to a parental complaint.
b. PROVIDER monitoring results may be shared with other COALITIONS that have an executed
and current school readiness contract with the PROVIDER for the purposes of minimizing the
administrative burden on the COALITIONS and the PROVIDER.
34. Physical Access. PROVIDER agrees to allow the Office of Early Learning, the Department of
Children and Families or Local Licensing Agency, if applicable, and COALITION staff or sub-
contractors immediate access to the facilities and spaces used to offer the SR Program during
normal business hours, except as otherwise restricted by government facilities.
35. Records Access. PROVIDER agrees to allow COALITION staff or sub-contractors, the
Department of Children and Families or Local Licensing Agency,if applicable,the Office of Early
Learning or the United States Department of Health and Human Services to inspect and copy
records pertaining to the SR Program during normal business hours and upon request by
COALITION,the Department of Children and Families,the Office of Early Learning or the United
States Department of Health and Human Services. Records that are stored off-site shall be
provided within seventy-two (72)hours.
VI. MAINTENANCE OF RECORDS, DATA,AND CONFIDENTIALITY
36. Record Confidentiality. PROVIDER agrees to protect the confidentiality of child and family
records. PROVIDER agrees to have all staff complete confidentiality agreements and have
processes in place to protect the privacy of child and family information. Confidentiality
agreements will be maintained by the PROVIDER and provided to the COALITION upon request.
Information associated with the SR Program shall only be made available in accordance with the
restrictions of s. 1002.97, F.S. For the purposes of records of children enrolled in the SR Program,
this Contract is considered an interagency agreement for the purpose of implementing the SR
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 8 of 26
Program as described in s. 1002.97(3)(g),F.S.Accordingly,to the extent that PROVIDER receives
school readiness records in order to carry out its official functions,PROVIDER must maintain and
protect the data as required in s. 1002.97, F.S., and as explained below. Individuals and
organizations eligible to receive records include PROVIDER,the parent, COALITION, Office of
Early Learning, and other entities identified in s. 1002.97, F.S.
37. Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out
documentation, enrollment and attendance certification, documentation to support excused
absences and proof of parent co-payments for children funded by the SR Program. The records
must be maintained for audit purposes for a period of five (5) years from the date of the last
reimbursement request for that fiscal year or until the resolution of any audit findings or any
litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an
electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on
a regular basis to safeguard against loss.
38. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer the
SR Program before the conclusion of the retention period for SR records as described in paragraph
37, whether as a result of unilateral or mutual termination of PROVIDER's eligibility to offer the
SR Program or as a result of PROVIDER ceasing to do business,PROVIDER shall transfer all SR
records required to be maintained under paragraph 37. to COALITION no later than the close of
business on the day PROVIDER ceases to offer the SR Program. Failure to remit all SR Program
records required to be maintained will result in COALITION withholding final payment until the
requirements of this paragraph are met.
VII. COMPENSATION AND FUNDING
39. Method of Payment. PROVIDER reimbursement for eligible children will be based on the child
care certificate (also known as a payment certificate) issued by COALITION and presented by a
parent, and through the use of the procedures outlined herein.
40. Reimbursement Rates Established. PROVIDER agrees to provide documentation of its
published private child care rates included in Exhibit 3. PROVIDER agrees to accept the approved
PROVIDER reimbursement rate which is the lesser of the COALITION maximum reimbursement
rate established by COALITION and approved by Office of Early Learning, identified in Exhibit
3. PROVIDER is paid based on budget availability, at the approved PROVIDER reimbursement
rate less any parent co-payments assessed by COALITION as reflected on the child care certificate.
41. Gold Seal Rate. PROVIDER agrees to provide documentation of its Gold Seal Quality
Designation. Gold Seal providers shall receive the Gold Seal rate identified in Exhibit 3 for all
care levels which have received a Gold Seal Quality Designation.
42. Special Needs Rate. PROVIDER will receive a special needs rate identified in Exhibit 3 when
providing services to a child with an identified special need in accordance with Rule 6M-
4.500(5)(a) and (b), F.A.C. A special need child is defined as a child who has been determined
eligible as a child with a disability in accordance with Chapter 6A-6, F.A.C., and is participating
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 9 of 26
in a program for children with disabilities provided by the school district or a child who has an
individualized educational plan (IEP) or family support plan (FSP).
43. Rate Changes and Limitations. PROVIDER agrees to report any changes in its published child
care rates or its Gold Seal status, if applicable. PROVIDER acknowledges that COALITION is
prohibited from making payments, inclusive of Gold Seal or special needs rate differentials,which
would cumulatively exceed PROVIDER's private payment rate. In the event that any information
submitted by PROVIDER in Exhibit 3 changes, PROVIDER must notify COALITION in writing
of the change no later than close of business on the day of the change. COALITION may amend
PROVIDER's reimbursement rate based on the information submitted by PROVIDER or any of
the factors identified in this paragraph. COALITION must notify PROVIDER, in writing, of any
change in reimbursement rate at least thirty (30) calendar days before the change is implemented.
44. Rates and Fees for Parents.PROVIDER acknowledges that it is prohibited from charging parents
receiving SR services a higher rate than that charged to private pay parents. In addition to the
parent co-payment assessed by COALITION, PROVIDER must provide the parent with a list of
any fees it charges and, if applicable,written notice of the difference between the private pay rate
and SR reimbursement, prior to the parent enrolling his/her child in PROVIDER's SR Program.
PROVIDER is prohibited from charging any fees other than the parent co-payment or those fees
provided to the parent on the fee list described above.
45. Military Subsidies. PROVIDER agrees that it will notify COALITION if it receives military
subsidy payments through or from the Child Care Aware of America° (formally NACCRRA) or
any legal successor organizations, on behalf of any child enrolled in PROVIDER's SR Program.
PROVIDER understands that its SR reimbursement rate may be changed as a result of receipt of
such military subsidy payments. If PROVIDER fails to report receipt of such military subsidy
payments, PROVIDER will be subject to fraud investigation for violation of the requirements of
the SR Program.
46. Co-payment.As required by s. 1002.84(8), F.S., PROVIDER shall collect the assessed parent co-
payment or graduated phase-out co-payment in accordance with Rule 6M-4.400, F.A.C., from the
parent.
a. Co-payment Amount or Graduated Phase-Out Co-payment Amount. The amount of the
co-payment or graduated phase-out co-payment which must be collected for each child is
included on his or her child care certificate. In the event that an assessed parent co-payment or
graduated phase-out co-payment is changed by COALITION, COALITION will send the
PROVIDER written notice of the change. Only co-payment or graduated phase-out co-
payment changes from the COALITION are valid.
b. Co-payment or Graduated Phase-out Co-payment Assessment and Collection. Assessed
parent co-payments or graduated phase-out co-payments are automatically deducted from
PROVIDER's monthly reimbursement. PROVIDER is required to collect parent co-payments
or graduated phase-out co-payments.
c. Co-payment or Graduated Phase-out Co-payment Documentation.PROVIDER must give
the parent a receipt for each co-payment or graduated phase-out co-payment made by the parent
and retain receipt records for all child care co-payments or graduated phase-out co-payments.
Upon request, PROVIDER shall provide a current accounting and copy of co-payment or
graduated phase-out co-payment receipt records to the COALITON. COALITION will use this
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 10 of 26
documentation to ensure parents who transfer their children to another child care provider have
met their co-payment or graduated phase-out co-payment obligations before receiving
additional school readiness services.
47. holiday Schedule. PROVIDER agrees to follow the holiday schedule approved by COALITION
for PROVIDER's program, which includes (12)Twelve days per year as set forth in
Exhibit 4: Holiday Schedule and understands that these are the only holidays for which
PROVIDER will receive reimbursement. Pursuant to Rule 6M-4.500, F.A.C.,reimbursement may
be made for up to twelve (12)recognized holidays per year.
48. Attendance Documentation. PROVIDER agrees to document daily attendance and submit
monthly attendance reports for payment. PROVIDER agrees to submit all required attendance
records to COALITION on or before the third (3rd) business day of each month. If the due date
falls on a holiday, PROVIDER agrees to submit all required attendance records to COALITION
on the preceding business day. Records submitted late will be processed and paid in the next open
payment cycle.
49. Reimbursement Summary Review. PROVIDER agrees to review the reimbursement summary
provided with the monthly reimbursement statement.PROVIDER agrees to report to COALITION
any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission
of the reimbursement summary.
50. Emergency Temporary Closure. PROVIDER agrees all requests for compensation for
temporary closures beyond PROVIDER's control will be handled in accordance with Rule 6M-
4.501, F.A.C.
51. Disallowed Costs. PROVIDER understands expenditures submitted for reimbursement shall be
disallowed if PROVIDER does not adhere to the provisions governing the SR Program as
described in paragraph 5. Any disallowed expenditure may be deducted from any future
reimbursement. PROVIDER agrees to return to COALITION any funds received as a result of
error or overpayment or disallowed cost. If PROVIDER ceases to offer the SR Program before
the payment is fully recovered, PROVIDER agrees to return the funds it was overpaid. If
PROVIDER fails to return the funds it was overpaid, PROVIDER will be subject to collection
efforts and restitution.
52. Head Start Agencies. If PROVIDER is a Head Start Agency, PROVIDER understands that, in
accordance with federal law, PROVIDER's Head Start programs must be"in addition to, and not
in substitution for, comparable services previously provided without Federal assistance." (42
U.S.C., s. 9835(c))
53. Title 20 Schools. If PROVIDER receives federal funds under Title 20, United States Code, ss.
6311-6322, PROVIDER understands that, in accordance with federal law, PROVIDER may use
"Federal funds to supplement, [but] not [to] supplant non-Federal funds." (20 U.S.C., s.
6314(a)(3)(B))
VIII. FINANCIAL CONSEQUENCES
54. Financial Consequences. As a result of PROVIDER's failure to provide the minimum level of
services required by this Contract, COALITION shall temporarily withhold reimbursement,
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 11 of 26
disallow all or part of services not in compliance with the terms of this contract or terminate the
contract.
IX. NONDISCRIMINATION
55. Discrimination Prohibited.PROVIDER agrees not to discriminate against children,families and
staff on the basis of race,national origin, ethnic background,sex,religious affiliation, or disability.
PROVIDER will comply with the terms of 45 C.F.R. §98.47 regarding non-discrimination against
staff persons on the basis of religion.
X. NONCOMPLIANCE, PROBATION AND TERMINATION
56. Noncompliance Determination.
a. Corrective Action Notice. If COALITION determines PROVIDER has failed to comply with
the provisions governing the SR Program as described in paragraph 5, or the requirements of
this Contract, and COALITION concludes that corrective action will resolve the failure to
comply, COALITION must notify PROVIDER in writing. ("Corrective action" means
implementation of specific action(s) designed to correct the failure to meet a specific
requirement.) The notice must identify the specific requirement(s) which PROVIDER failed
to meet and describe how PROVIDER failed to meet each requirement. In addition,the notice
must provide a detailed description of any required corrective action and set a deadline for
completion of the corrective action.Finally,the notice must state that PROVIDER may request
a review of the determination as described ,in paragraph 64. Upon determining that the
PROVIDER has satisfactorily completed the corrective action, the COALITION shall notify
the PROVIDER in writing. If the PROVIDER has not satisfactorily implemented its corrective
actions by the end of this CONTRACT, the PROVIDER will still be held accountable for
implementing the remainder of the corrective actions accepted under the previous contract if
the PROVIDER remains eligible to deliver the School Readiness Program and executes a new
CONTRACT with the COALITION.
b. Probation. If COALITION concludes that PROVIDER has received a corrective action notice
for the same violation two or more times or have had multiple corrective action plans within
the contract year or if the corrective action plan is not completed within the prescribed
timelines,PROVIDER shall be placed on probation for a period up to six(6)months.Probation
may include one or more of the following conditions:training or staff development,monitoring
or technical assistance by COALITION or submission of documentation related to the
violation. COALITION must notify PROVIDER in writing of the terms and duration of the
probation, including required timelines. The terms of the probation must correlate to the basis
of the corrective action. If the PROVIDER has not satisfactorily completed the terms of its
probation by the end of this CONTRACT, the PROVIDER will still be held accountable for
the terms of the probation of the previous contract if the PROVIDER remains eligible to deliver
the School Readiness Program and executes a new CONTRACT with the COALITION.
57. Termination for Cause.
a. Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to
terminate this Contract for cause at any time. The following are grounds for termination for
cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children;
(b) The material failure to comply with one or more of the terms of this Contract, including,
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 12 of 26
but not limited to,failure to implement corrective action or comply with the terms of probation
as described in paragraph 56 above; (c) The refusal to accept any notice described under this
Contract which COALITION is required to send to PROVIDER;or(d)Reasonable or probable
cause for COALITION to suspect that fraud has been committed by PROVIDER as described
in paragraph 63.
b. Notice of Termination for Cause. In order to terminate PROVIDER for cause, COALITION
must send a written notice of termination for cause to PROVIDER. Such notice must be sent,
with proof of delivery, at least five (5) business days before termination. The notice must state
the date of, and the specific basis for, termination. Finally, the notice must state that
PROVIDER may request a review of the determination as described in paragraph 64.
Notwithstanding PROVIDER's refusal of delivery of the notice, this Contract shall be
terminated on the date identified in the notice. COALITION shall document any refusal of
delivery.
Y
58. Emergency Termination. COALITION must immediately terminate this Contract on an
emergency basis upon notification by the Department of Children and Families (DCF) or local
licensing agency of actions or inactions of a PROVIDER that pose an immediate and serious
danger to the health, safety, or welfare of children. COALITION will terminate this Contract on
an emergency basis by sending PROVIDER written notice of emergency termination at least
twenty-four (24) hours prior to termination. The written notice must specifically state the basis of
COALITION's determination. Finally, the notice must state that PROVIDER may request a
review of the determination as described in paragraph 64.
59. Termination for Health and Safety Violations. PROVIDER agrees that COALITION has the
right to terminate this Contract based on Health and Safety violations, verified by the Department
of Children and Families or Local Licensing Agency, if applicable, in accordance with ss. 1002.82
and 1002.84, F.S., and Rule 6M-4.620, F.A.C., and applicable adopted forms.
60 Revocation of Eligibility.
a. In accordance with s. 1002.88(2),F.S., if PROVIDER's Contract is terminated under paragraph
56., 57., or 58., COALITION may revoke PROVIDER's eligibility to deliver the School
Readiness Program for a period of five (5) years. The only statutorily authorized period of
revocation is five (5) years (s.1002.88(2), F.S.). In determining whether to revoke
PROVIDER'S eligibility,the COALITION shall consider the following factors:the severity of
the PROVIDER'S actions leading to the termination of the contract, the health, safety and
welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER'S
actions,the impact that the revocation would have upon the local community, consistency with
COALITION'S actions against other PROVIDERS for similar violations of the Contract or
program requirements, the length of time that PROVIDER provided services under contract
with the COALITION, and whether the PROVIDER had previously violated the terms of this
Contract and prior contracts with the COALITION. COALITION shall provide notice of its
intent to revoke PROVIDER'S eligibility at the same time that it provides written notice of
intent to terminate the contract to PROVIDER.
b. The PROVIDER agrees that in the event that this contract is terminated under the provisions of
paragraphs 57, 58, or 59, and the PROVIDER'S eligibility is not revoked for a period of five
(5) years under paragraph 60 part a, the parties may not enter into another contract for school
readiness services for the remainder of the contract term of this contract.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 13 of 26
61. 'Termination of Contract by Provider. PROVIDER and COALITION may agree to terminate
this Contract by mutual consent or PROVIDER may unilaterally terminate this Contract at will.
Written notice of termination must be given at least thirty(30)calendar days before the termination
date in order for the COALITION to make alternative arrangements for uninterrupted services for
children served under this Contract. If sufficient notice of termination is not provided,
COALITION may refuse to issue the final reimbursement payment to PROVIDER. If
PROVIDER unilaterally, terminates this Contract during the pendency of an inquiry due to
suspected noncompliance with parts V and VI of chapter 1002,of the Florida Statues,and chapters
6M, Florida Administrative Code, the COALITION may revoke the PROVIDER'S eligibility to
offer the SR Program for a period of 5 years in accordance with s.1002.88(2), F.S., if the
noncompliance is upheld by the early learning coalition review committee.
62. Legislative Appropriation. Any obligation for payment under this Contract is contingent upon
an appropriation by the Florida Legislature. If funds required to finance this Contract are
unavailable, COALITION shall terminate this Contract after providing written notice, with proof
of delivery, at least twenty-four (24) hours before termination of this Contract. In the event of
termination of this Contract under this paragraph, PROVIDER shall be paid for the documented
SR hours completed prior to termination of this Contract.
63. Eligible Child Care Provider. In order to receive state or federal funds under this Contract,
PROVIDER must be an eligible child care provider as defined under 45 C.F.R. §98.2. Failure to
maintain status as an eligible child care provider shall be considered an immediate and serious
danger to the health, safety, or welfare of children,which is grounds for emergency termination of
this Contract as described in paragraph 58. PROVIDER certifies that each location at which
PROVIDER offers the SR Program is an eligible child care provider. PROVIDER agrees to notify
COALITION immediately if it ceases to be an eligible child care provider.
64. Fraud.
a. Payment Certificate Fraud Investigation. In accordance with s. 1002.82(6)(d), F.S., if it is
determined that PROVIDER has given any cash or other consideration to the beneficiary in
return for receiving a payment certificate,COALITION or its fiscal agent shall refer the matter
to the Department of Financial Services pursuant to s. 414.411, F.S., for investigation.
b. Suspension for Suspected Fraud. In accordance with s. 1002.91(4), F.S., COALITION may
suspend or terminate PROVIDER from participation in the School Readiness Program when
it has reasonable cause to believe that PROVIDER has committed fraud. PROVIDER may
request a review of COALITION's determination to suspend PROVIDER as described in
paragraph 64. This review shall be limited to a determination of whether the COALITION has
reasonable belief fraud occurred. If suspended, PROVIDER shall remain suspended until the
completion of any investigation by the Office of Early Learning, the Department of Financial
Services, or any other state or federal agency, and any subsequent prosecution or other legal
proceeding.
c. Termination for Fraud. In accordance with s. 1002.91(5), F.S., if PROVIDER, or an owner,
officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo
contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S.,
or is acting as the beneficial owner for someone who has been convicted of, found guilty of,
or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud
pursuant to s. 414.39, F.S., the COALITION shall refrain from contracting with, or using the
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 14 of 26
services of, PROVIDER for a period of five (5) years. In addition, COALITION shall refrain
from contracting with, or using the services of, any provider that shares an officer or board
director with a provider that is convicted of,found guilty of,or pleads guilty or nolo contendere
to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. for a period
of five (5) years.
d. Termination for National Disqualification. In accordance with s. 1002.91(7), F.S., if
PROVIDER is placed on the United States Department of Agriculture National Disqualified
List, COALITION must terminate this Contract for cause. In addition, if PROVIDER shares
an officer or board director with a provider that is on the United States Department of
Agriculture National Disqualified List, COALITION must terminate this Contract for cause.
I
65. Due Process Procedures. PROVIDER may request a review of determinations made by
COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 5: Due
Process Procedures. While a request for a review is being examined, PROVIDER is not required
to implement corrective action. In accordance with s. 1002.82(2)(m), F.S., PROVIDER may not
offer any School Readiness services while a request for a review regarding termination of
PROVIDER's School Readiness Contract is being examined.
66. Severability of Provider Location. If PROVIDER has executed this Contract on behalf of
multiple locations and one or more of the locations is terminated pursuant to Section X of this
Contract, then in lieu of re-executing a new contract for the remaining locations, COALITION
may modify Exhibit I to indicate which location(s) previously part of this Contract has been
removed by striking through the location(s), initialing and dating in the"official use only"column.
COALITION shall provide a copy of the revised Exhibit 1 showing any stricken locations to the
PROVIDER. This Contract shall remain in full force and effect as to all other locations on Exhibit
1 which have not been stricken.
67. Litigation and Venue. In the event that PROVIDER believes that this Contract has been
inappropriately terminated,or in the event of a breach of this Contract,any available remedies may
be pursued in a court of competent jurisdiction. COALITION and PROVIDER agree that any
litigation related to this Contract which is brought by COALITION or PROVIDER will be brought
in a county within COALITION's geographical service area.
XI. NOTIFICATION
68. Information Change Notification. PROVIDER agrees that it will comply with each of the
following notification requirements:
a.Providing notice to the coalition of changes in contact or program information within fourteen
(14) calendar days.
b. Providing notice to the coalition of temporary emergency closings of the SR Program within
two (2) calendar days.
c. Providing notice the coalition of permanent business closings or changes in business location
or ownership must be reported at least thirty (30) calendar days prior to changes.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 15 of 26
69. CCR&12 Participation. PROVIDER agrees to provide program and business information
annually for inclusion in the Child Care Resource and Referral Network and is responsible for
ensuring that COALITION has up-to-date business and contact (including emergency contact)
information.
70. Unusual Incident Notification. PROVIDER agrees to report unusual incidents to COALITION
by no later than the close of business on the next business day of the unusual incident and to submit
a written report to COALITION within three (3) business days from the date of the incident. For
licensed providers, sending a copy of the incident report submitted for DCF to COALITION shall
constitute compliance with this paragraph. An unusual incident is any significant event involving
the health and safety of children under PROVIDER's care.Examples of unusual incidents include:
accusations of abuse or neglect against PROVIDER or PROVIDER's staff; the injury of a child
which requires professional medical attention at PROVIDER's site or written notification from the
child's parent that the child received professional medical attention; and when PROVIDER
receives notice of litigation where PROVIDER is named party or defendant and which relates to
the PROVIDERS operation at any location at which SR services are being provided.
71. Notification of Disqualification or Public Assistance Fraud.
a. PROVIDER shall notify COALITION within five (5) calendar days if the PROVIDER is
placed on the United States Department of Agriculture National Disqualified List, or if
PROVIDER shares an officer or board director with a provider that is on the United States
Department of Agriculture National Disqualified List.
b. PROVIDER shall notify COALITION within five (5) calendar days if PROVIDER, or an
owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or
nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39,
F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty
of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud
pursuant to s. 414.39, F.S.
72. Contact Persons.
a. Coalition Contact. The representative for COALITION for the purposes of this Contract is_
Provider Services Manager who can be contacted at 561-214-8000 or by
email at Provider.services@elcpalmbeach.org
b. Provider Contact. The representative for PROVIDER for the purposes of this Contract is
Tonya Smith who can be contacted at 561-243-7000 ext 5110 or by
email at smithtc@mydelraybeach.com
c. Contact Change. In the event that either party designates different representatives after
execution of this Contract, notice of the name and contact information of the new
representative will be rendered in writing to the other party within ten (10) calendar days of
change.
XII. INDEMNIFICATION
73. Indemnification. PROVIDER shall be fully liable for and indemnify, defend and hold harmless
COALITION,the Office of Early Learning and all of their officers, directors, agents, contractors,
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 16 of 26
subcontractors and employees from and against any and all third-party claims, suits, actions,
damages,judgments and costs that arise whether in law or in equity,from any of the PROVIDER's
agents, subcontractors or employees' acts, actions, neglect or omission during the performance or
operations under this Contract or any subsequent modification thereof. This includes attorney's
fees and costs. This indemnification holds whether liability is direct or indirect and whether
damage is to any person or real or personal tangible or intangible property. If PROVIDER is a
state agency, or subdivision thereof, as defined in s. 768.28(2), paragraph is limited to the extent
permitted by s. 768.28, F.S.
XIII. SEVERABILITY
74. Severability. If any provision of this Contract is held to be unenforceable by a court of competent
jurisdiction,the remaining terms and conditions remain in full force and effect.
XIV. AMENDMENTS
75. Only Authorized Amendments.No attachments, or supplements to this Contract are authorized
or permitted, except those specifically incorporated by reference in this form, including Exhibit
1: Provider Location List; Exhibit 2: Required Documentation; Exhibit 3: Provider
Reimbursement Rates; Exhibit 4: Holiday Schedule; Exhibit 5: Due Process Procedures; and
Form OEL-SR 20L, Form OEL-SR 20LE, or Form OEL-SR 20FFN, as described in paragraph 7.
No amendments to this contract are authorized or permitted except for those amendments made
with the execution of Form OEL-SR 20A (School Readiness Provider Contract Amendments).
(Remainder of this page intentionally left blank.)
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 17 of 26
XIV. EXECUTION OF CONTRACT
In accordance with s. 1002.88(1)(p), F.S., PROVIDER has caused this Contract to be executed as of the
date set forth in Paragraph 1. By signing below, PROVIDER hereby certifies that PROVIDER has read
and understood this Contract. PROVIDER certifies that all information provided is true and correct and
agrees that noncompliance with the requirements of the School Readiness Program including, but not
limited to the requirements of this Contract, and all Exhibits and authorized attachments, shall result in
corrective action, withholding of funds, or termination of this Contract at the discretion of COALITION,
in accordance with Section X.
Warranty of Authority. Each person signing this contract warrants that he or she is duly authorized to
, � ive art to the contract.
do so and to n tl��re �,ect1 party
Sign4tqie of President/Vice�PWent/ Print Mame
Secretary/Officer/Owner/Principal/or Other
Authorized Representative
❑ By Electronic Signature
Z 11
Title T Date
.,.� ,
JAI
Pro ider's Add*ti Signatory (If required by Print Name
the Provider)
❑ By Electronic Signature
Title 1 Date
Attest: Katerri Johnson, City Clerk
COALITION has ca e44his Contract to be executed as of the date set forth in paragraph 1.
Warren Eldridge
-Signaturetlor�Coalition rintlfiame ma
of A
Representative
❑ By Electronic Signature
Chief Executive Officer r M -
a
Title Date
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 18 of 26
Exhibit 1: Provider Location List
Provider Name: qty ®f Delray Beach
If PROVIDER is executing this Contract on behalf of one physical location, mark this Exhibit "Not
Applicable" in the box below.
❑Not Applicable.
If PROVIDER is a school district executingle Contract on behalf of multiple public school School
g
Readiness (SR) Program providers or if PROVIDER is executing a single Contract on behalf of multiple
private SR sites within COALITION's service area, PROVIDER shall complete a Provider Location List
in a table format with the following columns:
A. Location Number (optional)
B. Location Legal Name
C. Doing Business As Name (if applicable)
D. Physical Address
E. Employer Identification Number(EIN)
F. Curriculum (Date/Edition)
G. Character Development(Date/Edition)
H. Official Use Only (for coalition use)
If COALITION determines a location to be ineligible to offer the SR Program, COALITION will strike
through the name and location on the table and initial and date in the column titled "Official Use Only"
and send a revised copy to PROVIDER.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 19 of 26
Exhibit 2: Required Documentation
Provider Name: City of Delray Beach
PROVIDER must mark the appropriate box in each section or subsection below. In addition, if
PROVIDER is executing this Contract on behalf of multiple public schools or private provider sites,
PROVIDER must mark the documentation with the corresponding Location Number from Exhibit 1.
I. Private Child Care Rates
PROVIDER has provided a copy of its private child care rate information to
COALITION with this Contract.
2. Gold Seal Rates
® PROVIDER has provided a copy of documentation with appropriate age designation
related to its Gold Seal status, if applicable, to COALITION with this Contract.
® PROVIDER does not possess a Gold Seal Quality Care Designation.
3. Documentation of Eligible Child Care Provider
Private SR Providers
® PROVIDER has provided a copy of its Certificate of Licensure which includes a DCF
identification number.
PROVIDER has provided a copy of its Letter of Confirmation which includes a DCF
exemption number and explains the nature of the exemption.
PROVIDER has provided a copy of its certificate of accreditation.
7 PROVIDER certifies that it is not regulated by DCF and therefore does not require
documentation from DCF.
® PROVIDER has provided evidence of liability insurance.
Public School, Private School, and Charter School SR Providers
PROVIDER is a public school and has provided a copy of documentation showing its
school district and public school number.
ElPROVIDER is a private school and has provided a copy of its Certificate of Licensure
which includes a DCF identification number or a Letter of Confirmation which includes a
DCF exemption number.
PROVIDER is a charter school and has provided a copy of its charter which includes
preschool aged children as a service population and documentation showing its school
district and school number.
PROVIDER has provided evidence of liability insurance.
4. Specialized Program Type
PROVIDER offers the Head Start program.
RX PROVIDER does not offer the Head Start program.
5. ® IRS W-9 Form (Request for Taxpayer Identification Number).
6. ® Documentation of signature authority.
7. ® Current Sunbiz print-out identifying the office, director or authorized person(s), if
applicable.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 20 of 26
Exhibit 3: Provider Reimbursement Rates
Provider Name: City Of Delray Beach
Provider Operational Hours: 2:00pm-6:00pm
PROVIDER must mark the appropriate box below indicating the appropriate provider type. In addition,
PROVIDER must mark whether or not it has a Gold Seal Quality Care Designation. Finally, PROVIDER must
complete the table below marked"To be completed by PROVIDER." COALITION will complete the remainder
of the Exhibit.
Does PROVIDER have a Gold Seal Designation? ❑Yes ❑X No
PROVIDER's Private Pay Rates
(To be Completed by PROVIDER)
CART LEVET, (INF) (I"OD) (2YR) (PR3,) (PR4) (PR5) (SCSI) (SPiC`R)
<12 MTH 12'24 24'36 36-48 48860 60872 1n School Special Needs
MTH MT14 MTH MTH MlH Nfapplicable
Full-Time $12.50 $12.50
Daily Rates
Part-Time
Daily Rates $11 .00 $11 .00
Before or
After School
Rates
COALITION Maximum Reimbursement Rates
(To be Completed by COALITION)
CARELEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PRS) (SCII) (SPCR)
f 12 MTH 12<24 24."36 36'4$ 4886(1 60872 1n School Special Needs
MTH MTH MTH MTH MTH
Full-Time
Daily Rates $30.20 $26.51 $22.98 $22.53 $22.30 $22.30 $19.86
Full-Time
Gold Seal $36.24 $31 .82 $27.57 $27.03 $26.76 $26.76 $23.83
Daily Rates
Part-Time
Daily Rates $24.06 $22.76 $18.28 $17.83 $17.61 $17.61 $10.44
Part-Time
Gold Seal $28.87 $27.32 $21 .94 $21 .40 $21 .13 $21 .13 $12.53
Daily Rates
Before or
After School
Rates
Full-Time
VPK Wrap � �J��.li i�� J,�l� � ��,��!�� 1��� Ili � �1� � � $16.22!$19.46 $16.22/$19.46
Rar
Part-Time (1 i
VPK Wrap 1 /l' �1 l f � �G� '� 1 $8.81/$10.57 8.81/$10.57
Rate
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 21 of 26
Approved PROVIDER Reimbursement Rate*
(To be Completed by COALITION)
CARE LEVEL _(INF) (T D) (2YR) (PR3) (PR4) (PRS) (SC,H) ( PCR)
<12 MTH 12<'24 24,x36 36<48 49<60 60<72 In School; special Needs
MTH MTH MTH, MTH' MTH Ifapplicable
Full-Time $12.50 $12.50
Daily Rates
Part-Time $11 .00 $10.44
Daily Rates
Before or �
19 f
After School
Rates
Full-Time
VPK Wrap1
i
1
Rate
Part-Time
VPK Wrap
Rate
*Note: Rate PROVIDER will be paid shall not exceed PROVIDER's Private Pay Rates for each category.
Effective Date of Rates Established in This Exhibit 07/01/2018
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 22 of 26
Exhibit 4: Holiday Schedule
Provider Name: City of Delray Beach
Holiday Date Observed
Independence Day 07/04/2013
Labor Day 09/03/2013
Thanksgiving Day 11/22/2013
Christmas Day 12/25/201
New Year's Day 01/01/2019
Memorial Day 05/27/2019
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If the holiday falls on a Saturday,the holiday is observed on the Friday preceding the holiday. If
the holiday falls on a Sunday,the holiday is observed on the Monday following the holiday.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 23 of 26
Exhibit 5: Due Process Procedures
Provider Legal Name: City of Delray Beach
1. Purpose of Exhibit. Early Learning Coalitions are responsible for the local
implementation of early learning programs funded with state and federal funds, such as the
School Readiness Program and Voluntary Prekindergarten Education Program. Providers
of such early learning programs may request a review of determinations made by an Early
Learning Coalition in accordance with the due process procedures described below.
2. Request for Review Hearing. If a provider disputes any action taken by the Coalition
pursuant to the terms of the Statewide School Readiness Provider Contract, the provider
may request a review hearing in writing by sending it to the contact person listed in the
Coalition's action. A review hearing is a"meeting" for the purposes of the Sunshine Law
which is subject to public notice. During a review hearing, the provider will have a
reasonable opportunity to address Coalition staff-persons or sub-contractor staff regarding
the Coalition's action and to present supporting evidence before a Review Hearing
Committee. Provider may have an attorney present at the review hearing to represent or
advise the provider.
a. Content of Request for Review Hearing. The request for review hearing must state:
the name and contact information of an individual authorized to provide information
and binding responses on behalf of provider;the specific action by the Coalition that the
provider disputes,the specific reasons for the provider's belief;and whether the provider
will be represented by an attorney or another individual-during the review hearing.
b.Request Time.The provider's request for a review hearing must be submitted in writing
to the Coalition within five (5) business days of receipt of notice of the determination
which the provider believes to be incorrect.
c. Supporting Documentation. The provider must send copies of any written
documentation supporting the claims of the provider. Examples of relevant
documentation may include, but are not limited to,attendance documentation,notarized
attestations from parents, documentation from licensing or accrediting bodies,
documents demonstrating dates of information submission, and a proposed corrective
action plan.
3. Implementation of Review. If the Coalition receives a request for review hearing from
the provider, the Coalition must address the request by taking the following steps.
a. Assignment of Review Hearing Committee. Within three (3)business days of receipt
of a request for review hearing, the Coalition must assign a Review Hearing Committee
to complete the review. The Review Hearing Committee must be composed of at least
three but no more than five members of the Coalition Board. The Chair of the ELC shall
appoint the Review Hearing Committee and shall name the chair of the committee. At
least one of the members must be a mandatory member as set forth in section 1002.83(4)
and at least one other member shall be one of the provider representative members. If no
provider representative is available to participate, a waiver is possible if documented in
the deliberations of the review hearing committee.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 24 of 26
b. Response to Request for Review Hearing. Within five (5)business days of receipt of
the request for review hearing,the Coalition must respond to the provider in writing,
return receipt requested. The notice must include at least three (3)proposed dates and
times for the review hearing which must be within forty-five (45) days of the date of
receipt of the request for review hearing. The notice must also state that the review
hearing may be conducted in person at a location designated by the Coalition or via
any method of telecommunications, as long as the public is given reasonable access to
observe and, when appropriate,participate. Finally,the notice must state whether or
not all of the Coalition staff persons or sub-contractor staff whom the provider wishes
to have present during the hearing will be made available. If any individual who the
provider requested to have present is not available, the Coalition must make available
an individual who is qualified to address the subjects the provider wished the
individual to address.
c. Date and Location Selection. Within five (5)business days of receipt of the response
to a request for review hearing,the provider must inform the Coalition of the date and
time which it selects for the review hearing and whether the provider will attend the
meeting in person or via a method of telecommunication. Within five (5)business
days of receipt of the response to a request for review hearing, if the provider is unable
to attend any of the proposed dates and times for the review hearing,the provider must
submit written notice which states the specific reasons that provider is unable to attend
and must contact the Coalition to select a mutually agreed upon date for the review
hearing. If the provider does not inform the Coalition of the date and time within the
required time period,then the process is considered complete and the request is
denied.
d. Conducting the Review Hearing. The Review Hearing Committee shall assess the
claim(s) the provider made in its request for review by examining all information and
documentation submitted by the provider. The provider must be given a reasonable
opportunity to question Coalition staff-persons or sub-contractor staff regarding the
determinations of the Coalition and to present evidence before the Review Hearing
Committee. The Coalition will also be provided a reasonable opportunity to submit
evidence to rebut any claims made by the provider.
e. Review Hearing Committee Decision Conclusion. Following completion of the
presentation by the provider and the Coalition,the Review Hearing Committee will vote
regarding each of the provider's claims.The decision of the Review Hearing Committee
is final. In its' deliberations, the Review Hearing Committee must determine:
i. If the determination made by the Coalition was correct, in whole or in part, or
incorrect.
ii. If no part of the determination made by the Coalition was correct, then provider
is not required to take further action.
ii. If any part of the determination made by the Coalition is correct,the Committee
must identify the portion(s)determined to be correct.. and as applicable, decide:
A. If corrective action is necessary, that the provider must take corrective
action in regard to the part(s) which the Review Hearing Committee
determines to be correct; and the revised deadlines for completion of the
corrective action(s); or
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 25 of 26
B. If the provider's School Readiness Contract or eligibility to offer the
School Readiness Program will be terminated, the date of termination.
L Notice of Review Hearing Conclusion. The Chair of the Review Hearing Committee
shall ensure a written notice of the review hearing conclusion is prepared. The written
notice must state the outcome of the Review Hearing Committee's vote regarding each of
the provider's claims. In addition, the notice must specifically state the reasons supporting
the Review Hearing Committee's conclusions. The dates for either corrective action to be
completed, or termination of eligibility to offer the School Readiness [Voluntary
Prekindergarten] Program shall be included in the notice.The Chair of the Review Hearing
Committee shall approve the notice and ensure it is made public within ten business days
of the conclusion of the Review Hearing.
For assistance with reading or understanding the tables and/or graphs in this document, please contact the
Office of Early Learning at 1-866-357-3239.
Form OEL-SR 20(October 2016) Statewide School Readiness Provider Contract
6M-4.610,F.A.C. Page 26 of 26
STATE OF FLORIDA
STATEWIDE SCHOOL READINESS PROVIDER CONTRACT
LICENSED PROVIDER RESPONSIBILITIES
FORM OEL-SR 20L
I. PARTIES AND PROVIDER TYPE
I, Parties. This document is executed as an attachment to the Contract made and entered into the
1 day of July _, 2018 by and between the Early
Learning Coalition of Pain,Beach County (herein referred to as
"COALITION"), and City of Delray Beach (herein referred to as
"PROVIDER").
2. Provider Type. To be eligible to deliver the school readiness program, PROVIDER must be one
of the provider types identified in section (s.) 1002.88(1)(a), Florida Statutes (F.S.). This form is
designed for use by licensed providers. PROVIDER must check the box to indicate PROVIDER's
type:
❑A child care facility licensed under s. 402.305, F.S.
❑A family day care home licensed or registered under s. 402.313, F.S.
❑A large family child care home licensed under s. 402.313 1, F.S.
[ZIA before-school or after-school program described in s. 402.305(1)(c), F.S.,which has elected
to be licensed.
II. LICENSED PROVIDER RESPONSIBILITIES
1. Health and Safety.
a. In accordance with s. 1002.88(1)(c), F.S., PROVIDER agrees to offer basic health and safety
of its premises and facilities and compliance with requirements for age-appropriate
immunizations of children enrolled in the school readiness program. PROVIDER's
compliance with ss. 402.305,402.313 1, or 402.313, F.S., satisfies this requirement.
b. In accordance with s. 1002.88(1)(c), F.S., PROVIDER agrees to comply with the health and
safety standards and checklist(s) established pursuant to ss. 1002.82, F.S., and Rule 6M-4.620,
F.A.C., and verified by the Department of Children and Families or, if applicable, Local
Licensing Agency.
c. In accordance with s. 1002.88(1)(e), F.S., PROVIDER agrees to employ child care personnel,
as defined in s. 402.302(3), who have satisfied the screening requirements of Chapter 402 and
fulfilled the training requirements of the Office pursuant to Rule 6M-4.620, F.A.C.
2. Group Size and Staff to Children Ratio. In accordance with s. 1002.88(1)(d), F.S., PROVIDER
agrees to maintain the required group size and staff to child ratio in accordance with ss.402.305(4),
402.302(8), or 402.302(l 1), F.S., as verified pursuant to s. 402.311, F.S.
Form OEL-SR 20L(October 2016) Licensed Provider Responsibilities
6M-4.610,F.A.C. Page 1 of 2
3. Insurance.
a. General liability insurance. In accordance with s. 1002.88(1)(1), F.S., PROVIDER agrees to
maintain general liability insurance and provide the coalition with written evidence of general
liability insurance coverage, including coverage for transportation of children if school
readiness program children are transported by the PROVIDER. PROVIDER must obtain and
retain an insurance policy that provides a minimum of$100,000 of coverage per occurrence
and a minimum of$300,000 general aggregate coverage. PROVIDER must add the coalition
as a named certificateholder and as an additional insured. PROVIDER must provide
COALITION with a minimum of ten(10)calendar days'advance written notice of cancellation
of or changes to coverage. The general liability insurance required by this paragraph must
remain in full force and effect for the entire period of this Contract.
b. Limitations on indemnification. In accordance with s. 1002.88(1)(o), F.S., if PROVIDER is
a state agency or a subdivision thereof, as defined in s. 768.28(2), F.S., PROVIDER agrees to
notify the coalition of any additional liability coverage maintained by the provider in addition
to that otherwise established under s. 768.28, F.S. PROVIDER shall indemnify COALITION
to the extent permitted by s. 768.28, F.S.
4. Substitute Instructors. In accordance with s. 1002.83(14), F.S., COALITION may request a list
of all individuals currently eligible to act as a substitute teacher from a school district. PROVIDER
may employ individuals listed as substitute instructors for the purpose of offering the school
readiness program, the Voluntary Prekindergarten Education Program, and all other legally
operating child care programs.
Form OEL-SR 20L(October 2016) Licensed Provider Responsibilities
6M-4.610,F.A.C. Page 2 of 2
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