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AGREEMENT FOR PROVISION OF SCHOOL READINESS CHILD CARE SERVICESCOORDINATED CHILD CARE OF PINELLAS, INC. RECEIVED Agreement for JUN 19 2009 Licensed & Legally Exempt Non-Contracted Provider For PROVIDER SERVICES Provision of School Readiness Child Care Services ___ 2009-2010 This Agreement is entered into between Coordinated Child Care of Pinellas, Inc., hereinafter referred to as "CCC" and City of Clearwater (Name of Provider) Provider SS#/Fed ID# 59-6000-289 (Address, City, State, and Zip) hereinafter referred to as "Provider." This is a legally binding Agreement that covers reimbursement for services provided for all children in your care funded for school readiness services through the Early Learning Coalition of Pinellas, Inc., hereinafter referred to as "Coalition" and administered by CCC. This utual Agreement, including all Attachments referred to herein, for the period commencing June 2009 and extending through Au ust 24, 2009. Cr Florida Statutes Chapter 411, Chapter. 1002 Part V and F.A.C. Rule Number 60BB-4.100-4.503, establishes service requirements for all publicly funded school readiness programs. By accepting these funds, you are agreeing to meet the following requirements of Florida Law, The Child Care Development Fund (CCDF) Plan for Florida and of the Coalition. Provider Agrees: 1. For All CCC School Readiness Funded Children: A. To provide licensed/legal child care services for children of eligible families who have been pre-approved for service by CCC. The following categories of children may be served only b exception. Any exceptions must be pre-approved in writing by CCC and the Funder(s) before the provider can accept these children in care. (1) Children At-Risk of Abuse and Neglect (in-home placements): The provider will only be reimbursed for pre-authorized care for children that are determined at risk of neglect and/or abuse and remain in the child's own home. Pre-authorization is determined by the Department of Children and Families or its contracted designee. If approved to serve such a child the Provider agrees to comply with applicable At Risk requirements to include the following: Providers are required to report all Rilya Wilson designated children absences by the closb of the business day to the Ril a Wilson 24 hour Hotline Number 727-456-0600 then press 6. Additionally, when any At-Risk child (funding group BG 1) has an unexcused absence or seven consecutive days of excused absences, the Provider is responsible for notifying the appropriate Protective Services or Investigation office. located at 100 S. Myrtle Ave., Clearwater, FL (2) Juvenile Welfare Board The Children's Services Council Funded Children: The provider will only be reimbursed for reauthorized care for children receiving assistance through the Juvenile Welfare Board's Low Income Employed Families (LIEF) funding. B. To comply with applicable licensing standards and/or other legal requirements as established by the Pinellas County Child Care Licensing Program. C. To administer/implement a Coalition approved pre and post assessment/process to children receiving school readiness scholarships in accordance with policy and requirements and in the manner and time frame as determined by the Coalition. D. To complete and submit the Ages and Stages Questionnaire (ASQ) on each CCC funded child birth to five years of age within specified time frames. Provider will work with CCC in developing individualized service plans for children identified with developmental delays or challenges. Failure to comply in a timely manner will result in CCC approved sanctions. (Refer to Section IV) E. The Provider will allow access to their program for the purpose of completing vision and hearing screening of the children by the Coalition contracted designee. F. To meet the relevant training requirements per Agreement year as required by the Pinellas County Child Care Licensing Program. G. To complete and maintain on site a Coalition-approved program self assessment. CCC, the Coalition, and Funders will conduct random unannounced site visits to validate the accuracy of the self assessment. The Provider must make the home or center available to CCC, Coalition and applicable Funder(s) staff in a cooperative manner. CCC staff is available upon request for technical assistance. (A Coalition approved self-assessment tool to be provided by CCC) H. To maintain daily attendance with a sign-in/out sheet showing times of drop-off and pick- up including parent/guardian initials and/or signatures. This must be completed and signed daily by parent/guardian or other authorized persons. The provider agrees to on- site attendance monitoring by CCC Staff. Random announced/unannounced visits will be conducted. Inaccurate, incomplete and/or problematic attendance records may result in delay of payment. Failure to maintain accurate daily sign-in/out records will result in repayment or other CCC approved sanctions. (Refer to Section IV) 1. To maintain all records such as payments received, and any other documents pertinent to this Agreement, and retain these documents for a period of five (5) years after termination of this Agreement. CCC Provider files are open to the public review upon request. Over the course of the next year, CCC's primary method for communicating to providers will be electronically (email). Provider agrees that they will develop the capability to receive and send electronic communications (email). Providers understand that if the provider's capability is not developed, timely communications will be forfeited. Providers also agree to maintain updated email address information for the above- stated purposes. K. To collect state mandated parent fees assessed by CCC. CCC reimbursement is reduced by the amount of the parent fees. The provider may charge the difference between the amount CCC reimburses and the provider's published rates as documented on the "Survey of Services and Proposed Rates and Fees." Page 2 of S SRCC Svc Agreement FY09-10 The Provider will implement good business practices, as follows: Clients who receive school readiness scholarships through CCC cannot be charged more than those charged to private pay families. Payment arrangements must be disclosed to parents in writing. 2. Fees for special services and/or rate differentials must be fully disclosed to parents in advance, in writing. Parents/guardians must be given 30 days' written notice of rate/fee increases. L. To obtain and maintain valid documentation of each child's immunizations or exceptions during the child's enrollment and retain these documents for five (5) years after the child is no longer enrolled with the provider. M. The Provider will not use or disclose any information concerning a recipient or potential recipient of services under this Agreement for any purpose except upon written consent of the recipient or the responsible parent or guardian or as addressed in other sections of this Agreement or as required by law. The child's and parent/guardian information should only be shared with CCC, the Coalition, a Child Protection Investigator (CPI), Protective Services staff from the Department of Children and Families or their contracted designee, or appropriate law enforcement agencies. N. To comply with the laws and regulations applicable to Civil Rights, Equal Employment Opportunity, Americans with Disabilities Act, and the Pro-Children Act of 1994, Public Law 103-227. 0. Reporting of Child Abuse: As a mandated reporter, child care providers must immediately report any known or suspected abuse or neglect to the Abuse Hotline (1- 800-962-2873) via the Child Abuse Registry. CCC's Provider Services Department (547-4240) is also to be informed of these matters within one (1) hour of learning of the suspected incident and after notification to proper authorities. P. Reporting of Incidents: The Provider is responsible for reporting unusual incidents(i.e. incidents that involve the provider, parents, or children and may cause negative public reaction against the provider, CCC, Coalition or other Funders) to CCC office within one (1) hour of learning of the incident and to submit a written report on CCC forms within three (3) workdays. Q. The Provider understands parents are permitted to visit their child unannounced and at anytime the child is in care. II. Developmentally Appropriate Curriculum & Character Education Program All Providers who receive school readiness funding are required to use a developmentally appropriate curriculum and character education program and comply with the Early Learning Coalition of Pinellas standards for self-certification. The Provider agrees to complete and submit the compliance form as required by the Coalition and CCC upon commencement of this Agreement. The Coalition/CCC will offer training and technical assistance in developmentally appropriate curricula and character education. (The Coalition approved DAP Compliance Form will be provided by CCC) Page 3 of 8 SRCC Svc Agreement FY09--10 Child Care Providers will be monitored to assure that programs are offering the developmentally appropriate curriculum and character education programs. Failure to comply will result in CCC approved sanctions. (Refer to Section IV) III. Child Care Development Fund Health and Safety Rules Federal regulations governing the Child Care Development Fund Plan for Florida requires recipients of school readiness funds to meet basic health and safety standards. Providers who do not maintain compliance with these health and safety standards may be subject to a variety of sanctions depending on the non-compliance. (Refer to Section IV) A. The Provider will comply with Coalition approved policy and requirements regarding School Readiness Health and Safety Standards and Enforcement. B. The Provider will assure children receiving school readiness scholarships are offered early education and care that meets basic health and safety rules as determined by the Pinellas County Child Care Licensing Program, CCC and Coalition. C. The Provider will avail themselves for technical assistance and support services offered by the Pinellas County Child Care Licensing Program, CCC, and Coalition to resolve health and safety issues resulting in enforcement action or fines. IV. Sanctions: A. Failure to comply with the requirements listed within this Agreement may result in sanctions as published in policies developed and approved by the Coalition. B. The level of sanction may include but are not limited to; verbal warning, suspension of payment, rate reduction (if Gold Seal), discontinuance of new referrals or termination of this Agreement resulting in discontinuance of funding for school readiness services or other sanctions as approved by the Coalition. V. Grievances: The Provider has the right to appeal any decision rendered and agrees to abide by the policies and procedures for grievance/dispute resolution as developed and approved by CCC and the Coalition. VI. Eligibility A. Payment will be made only for those services specified in this Agreement as authorized by CCC for families who have been properly certified as eligible and authorized in advance for CCC reimbursement. No payment can be made for those families who have been determined ineligible. The Provider agrees to serve as a conduit for information between the families and CCC when it is deemed in the best interest of the families. B. Provider is responsible for complying with related school readiness scholarship eligibility determination, redetermination of scholarship, termination of child care scholarship, parent fees, process for notification and for notification of any changes. VII. CCC Agrees: A. To administer funds for child care through this Agreement for families who have been certified eligible by CCC. Page 4 of 8 SRCC Svc Agreement FY09-10 B. To provide monthly reimbursement to the Provider for all eligible days of child care that were provided and at the rate approved by the CCC, pending timely and complete reimbursement from the Coalition. Vlll IX. C. To provide technical assistance upon request. D. To offer training on "Brain Research" and "Shaken Baby Syndrome and SIDS". Information regarding other community early childhood training opportunities will also be made available in conjunction with the Coalition. Reimbursement Processes: A. Reimbursement for school readiness services will be based upon a proposed rate per child per day, but will not exceed the maximum State approved rate or the Provider's current published rate schedule for the general public, whichever is lower. For those facilities that have obtained and after submittal of their current valid Gold Seal certificate and current related accrediting agency (i.e., NAEYC, NAFCC, etc.) documentation to CCC, up to 20% higher differential rate may be paid, as funding and Funder policy allows. Published rates must be supported by the actual rate charged to the general public or full fee-paying families. B. Provider is required to utilize the Electronic Funds Transfer (EFT) system for direct deposit for reimbursement of all funds within the dates and manner prescribed by our Funders. C. Provider agrees to return any disallowed funds pursuant to the terms of this Agreement that were disbursed to the provider by CCC. Such funds are considered funds belonging- to the Funder and will be remitted to CCC on behalf of the Funder upon request in accordance with its instructions. CCC reserves the right to withdraw funds through reverse EFT within five (5) days if overpayment of any type is made. In the event that CCC utilizes reverse EFT to recover disallowed funds, CCC will make every effort to contact the Provider prior to withdrawal of funds. D. Should a Provider increase the rates/fees charged to parents/guardians, the parent/guardian must be given a minimum of thirty-day (30) notification during which time the parent/guardian may choose to keep their child in care or make other arrangements for the care of their child. E. Provider agrees to comply with all terms and conditions contained in the current Finance Provider Reference Manual and that if at any time during the contract year is found to be out of compliance with any of the requirements stated within, reimbursement for childcare services provided may not be allowed. In addition, a copy of this manual can be accessed on CCC's website at http://www.childcarepinellas.o[g/forms roviders.htm, or from the CCC Finance Department (727-547-5740). Termination: A. Termination at Will This Agreement may be terminated by either party upon no less than thirty (30) days notice, without cause; notice will be delivered by certified mail, return receipt requested, or in person with proof of delivery. Page 5 of 8 SRCC Svc Agreement FY09-10 B. Termination Because of Lack of Funds In the event funds to finance this Agreement become unavailable, CCC may terminate or modify this Agreement upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice will be delivered by certified mail, return receipt requested with proof of delivery, or in person. The Coalition/CCC will be the sole and final authorities as to the availability of funds. C. Termination for Breach Unless the Provider's breach is waived by CCC, then CCC may terminate the Agreement. A written notice of termination will be provided upon no less than twenty-four (24) hours and delivered by certified mail, return receipt requested with proof of delivery, or in person. Waiver of breach of any provision of this Agreement will not be deemed to be a waiver of any other breach and will -not be construed to be a modification of the terms of the Agreement. The provisions herein do not limit CCC's right to remedies at law or to damages. D. If this Agreement. is terminated for any reason, the obligation of CCC will be limited to payment for services provided in accordance with the Agreement prior to the date of termination. X. Indemnification: The Provider understands and agrees that the Provider is not an employee of CCC or any of the Funders and, as a result, is not covered under CCC's workers' compensation policy, nor is the Provider entitled to any employment-related benefits that may be offered to employees of CCC. As an independent business, the Provider is responsible for hiring their own employees and all the related legal responsibilities. The Provider is liable for all tax liabilities and obligations related to their entity including but not limited to employment and business related reporting and filing. Each party to this Agreement will, indemnify, defend, and hold harmless the other party and its officers, trustees, Funders, agents, employees, related companies and owners from and against any and all demands, claims, damages, to persons or property, losses and liabilities, including reasonable attorneys' fees (collectively claims), arising out of or caused by the indemnifying party's negligence or willful misconduct in connection with the provisions of this Agreement. This paragraph will not waive any statutory limitations of liability available to either party, nor will it waive any defenses either party may have with respect to any claim. XI. Modification: Modification of provisions of this Agreement will only be valid when they have been reduced to writing and duly signed. The parties agree to comply with modifications of this Agreement if Federal, State, Coalition and/or CCC revision of any applicable laws or regulations make changes in this Agreement necessary. Emergency problems with availability of funding may result in temporary or ongoing rate reductions after a minimum of twenty-four (24) hour written notice. CCC will be the final authority as to the availability of funds for this Agreement. The rate of payment may, at CCC's discretion, be adjusted retroactively to reflect price level increases or other changes approved by the Coalition and/or CCC. Page 6 of 8 SRCC Svc Agreement FY09-10 XII. Notice and Contact The representative for CCC for this Agreement is Julie Ulibarri, Program Manager for Provider Services who can be contacted at Coordinated Child Care, 6500 102nd Avenue North., Pinellas Park, Florida 33772, telephone 727.547-4240/4276, or email Libarri(d?childcarepinellas,org. The representative of the Provider responsible for the administration of the program under this Agreement is name: i o,T- -z- c-- address: p a t3Q -3 7,stele hone: - 2,3 ZYJ"email: fh 4E e,,z-.. MyCI ?a?'?v. ?r . Ge?+ In the event that either party designates different representatives after execution of this Agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Agreement. IN WITNESS THEREOF, both parties have caused this Agreement and all accompanying Attachments to be executed. COORDINATED CHILD CARE OF PINELLAS, INC. A Florida Corporation Authorized - Signature: coM Print Name: ?)e Ulibarri CHILD CARE PROVIDER Authorized Signature: Print Name: Art Kader Title: Program Mana er Date: lQ I 19 ? Q Title: Assistant Director, P&R Dept. Date: 6/17/09 Page 7 of 8 SRCC Svc Agreement FY09-10 Attachment Z Coordinated Child Care of Pinellas, Inc. recommends the following "Best Practices": 1. To provide direct supervision and care according to each child's needs such as affection, positive communication, developmentally appropriate play experiences, help in developing interests, skills, and positive character assets such as respect, responsibility, honesty and motivation through modeling and guidance. 2. To provide positive teacher - child interaction in a warm and nurturing environment. 3. To provide play experiences that include: quiet time, active time, indoor time and outdoor time. These experiences should foster the balanced development of gross motor, fine motor, language, discovery, sensory, and creative play. 4. To read to the children daily (an accumulated total of at least thirty minutes spread throughout the day) and assure accessibility to age appropriate books. 5. To work closely with parents/guardians and hold parent/guardian/provider conferences. 6. Two recommended trainings to attend are: (a) The CCC-sponsored two hour training class on "Brain Research". 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