SCHOOL READINESS AGREEMENT 2010 - 2011
of Pinellas County,
SCHOOL READINESS AGREEMENT 2010 - 2011
1. PARTIES
1. THIS AGREEMENT is made and entered into this 10th day of June 2010, by and between
the Early Learning COALITION of Pinellas County, Inc., or designee, with its principal offices
located at 5735 Rio Vista Drive, Clearwater, Florida 33760 (Hereinafter referred to as
"COALITION or designee") and City of Clearwater, with its principal offices located at 100
S. Myrtle Ave. Clearwater FI 33756, (hereinafter referred to as the "PROVIDER").
II. TERMS OF THE AGREEMENT
2. This Agreement applies to the School Readiness Program. The Agreement shall begin on
June 10, 2010 or the date on which the Agreement is signed by the last party required to
sign the Agreement, which ever occurs last, and expires upon August 23, 2010. The
COALITION or designee is not obligated to pay for costs incurred by the PROVIDER
between the Agreement's beginning date or after the ending date.
3. The PROVIDER must complete and sign a new Agreement each subsequent program year
to remain eligible to deliver School Readiness services.
4. If any information submitted at the beginning of the Agreement changes, the PROVIDER
agrees to notify in writing the COALITION or designee immediately of the change.
5. This Agreement shall bind the successors, assigns, and legal representatives of the
PROVIDER and of any legal entity that succeeds to the obligations of the State of Florida. If
the ownership or corporate structure of the PROVIDER changes, the current PROVIDER
shall notify the COALITION or designee within 10 calendar days before the change.
6. In addition, whenever a signatory to the executed Agreement changes, a new Agreement
must be executed. The COALITION or designee has reviewed the School Readiness
Provider Application submitted by the PROVIDER and, based on the information submitted,
has determined that the PROVIDER is eligible to deliver the School Readiness program
during the program year specified in Paragraph 2 above.
7. Although the COALITION or designee has determined that the PROVIDER is eligible to
deliver the SR program, the PROVIDER understands that the COALITION or designee has
an ongoing duty to verify the PROVIDER's compliance with the Florida Statutes, state rules,
and procedures of the COALITION or designee and the Agency for Workforce Innovation.
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III. NONDISCRIMINATION
8. The PROVIDER understands that, in accordance with section 1002.53(6)(c), Florida
Statutes, the PROVIDER may not discriminate against a parent or child, including the
refusal to admit a child for enrollment in the SR program, on the ground of race, color, or
national origin.
IV. MAINTENANCE OF RECORDS
9. The PROVIDER agrees to maintain records and documents as follows:
a. Record of payments received from the COALITION or designee and attendance records
of all children who receive scholarships through the COALITION or designee or other
funders; and to maintain the sign-in/sign-out sheets with the time of student drop-off and
the time of student pick-up recorded. This must be completed and signed daily by
parent/guardian or other authorized persons. Inaccurate, incomplete and/or problematic
attendance records may result in delay or loss of payment.
b. To submit, upon request only and as applicable, furnish the COALITION or designee
with a copy of an annual independent financial audit and management letter, within 120
days after the end of the fiscal year. PROVIDERs whose audit results in a disclaimer or
indicate inadequate fiscal capability may be subject to termination of this Agreement.
c. To ensure that these records will be subject at all reasonable times to inspection, review,
or audit by the COALITION or designee, State, and Federal personnel and other
personnel duly authorized by the COALITION or designee.
d. To allow public access to all documents, papers, assessments, letters or other material
subject to the provisions of Chapter 119, F.S., and made or received by the PROVIDER
in conjunction with this Agreement.
V. CONFIDENTIALITY AND RETENTION OF RECORDS
10. The PROVIDER agrees that it shall keep all SR records of a child for at least 5 years after
the child's last day of attendance or, to the extent required, in accordance with the retention
schedules and disposal process adopted under section 119.021(2), Florida Statutes,
whichever is greater.
11. The PROVIDER understands that, in accordance with Florida Statutes, records of children
enrolled in the SR program are confidential. The PROVIDER shall keep all SR records
confidential and disclose the records only in accordance with law. The PROVIDER shall
follow the Florida Public Records Act (Chapter 119, Florida Statutes) and other applicable
laws regarding disclosure of any confidential information received by the State of Florida,
the Agency for Workforce Innovation, or the COALITION or designee.
12. The PROVIDER understands that a parent of a SR child has the right to inspect and
review the individual records of his or her child and obtain a copy of the records. The child's
and parent/guardian information should only be shared with the COALITION or designee,
Coordinated Child Care, a Child Protection Investigator (CPI), Protective Services staff from
the Department of Children and Families or their contracted designee, or appropriate law
enforcement agencies as well as those agencies listed in #11.
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VI. COMPLIANCE VERIFICATION
13. The PROVIDER shall permit the COALITION or designee, or the Agency for Workforce
Innovation, at any reasonable time, to enter the PROVIDER's SR program site to verify the
PROVIDER's compliance with this Agreement and with the requirements of the SR
program as set forth in the Florida Statutes, state rules, and procedures of the COALITION
or designee and the Agency for Workforce Innovation.
14. The PROVIDER shall allow the COALITION or designee, or the Agency for Workforce
Innovation, to inspect and copy the records maintained by the PROVIDER concerning the
SR program, instructors, directors, and children.
15. The COALITION or designee may require the PROVIDER to submit corrective action plans
for noncompliance under this Agreement.
16. The PROVIDER's noncompliance with any term in this Agreement may result in the
COALITION or designee withholding funds.
17. The COALITION or designee shall notify the PROVIDER in writing of any financial penalties.
The COALITION or designee may deduct the amount of the penalty from invoices submitted
by the PROVIDER.
VII. TERMINATION
18. The PROVIDER and the COALITION or designee may agree to terminate this Agreement
by mutual agreement. Notice of termination must be given, and alternative arrangements
for uninterrupted services shall be made for children enrolled with the PROVIDER in the
SR program, at least 30 calendar days before the termination date.
19. If the PROVIDER withdraws as a PROVIDER from the SR program, the PROVIDER must
give notice to the COALITION or designee, and alternative arrangements for uninterrupted
services shall be made for children enrolled with the PROVIDER in the SR program, at
least 30 calendar days before the termination date.
20. If the PROVIDER fails to comply with all terms and conditions of this Agreement and with
all requirements of the SR program as set forth in the Florida Statutes, state rules, and
procedures of the COALITION or designee and the Agency for Workforce Innovation, the
COALITION or designee shall notify the PROVIDER in writing and develop a Service
Improvement Agreement outlining goals and time frames to achieve compliance.
21. If funds required to finance this Agreement become unavailable, the COALITION or
designee may terminate this Agreement with prior written notice of at least 24 hours before
termination. This notice of termination due to lack of funds must be delivered in person
with proof of delivery or by certified mail with return receipt requested. The COALITION or
designee is the final authority as to the availability of funds. The COALITION or designee
shall not reallocate funds earmarked for this Agreement to another program, causing the
"lack of funds." In the event of termination of this Agreement, the PROVIDER shall be
paid for the hours completed through the termination date.
22. Any obligation for payment under this Agreement is contingent upon an annual
appropriation by the Legislature. If the funds upon which this Agreement depends are
withdrawn or redirected, the Agreement is terminated and the COALITION or designee
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has no further liability to the PROVIDER beyond payment for the hours of care provided
through the termination date.
Vlll. DISPUTE RESOLUTION
23. The PROVIDER agrees to submit any disputes or disagreements concerning this
Agreement in writing to the COALITION or designee. The COALITION or designee agrees
to respond to the dispute or disagreement within 10 business days after receiving the
dispute or disagreement. If the PROVIDER is dissatisfied with the response, the
COALITION or designee agrees to allow the PROVIDER to bring the dispute or
disagreement before a quorum of the membership of the COALITION or designee or a
standing committee of the COALITION or designee composed exclusively of voting
members for a final decision.
IX. INDEMNIFICATION
24. The PROVIDER is fully liable for the actions of its agents, employees, partners,
contractors, and subcontractors and shall indemnify, defend, and hold harmless the
COALITION or designee, the Agency for Workforce Innovation, and their officers, agents,
employees, contractors, and subcontractors from suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to personal
injury and damage to real or personal tangible property alleged to be caused in whole or in
part by the PROVIDER, its agents, employees, partners, contractors, or subcontractors. If
the PROVIDER is a public school or school district, city program, county program, and any
other government entity this paragraph is limited to the extent required by section 768.28,
Florida Statutes.
X. SEVERABILITY
25. If any provision of this Agreement is held to be unenforceable by a court of competent
jurisdiction, the remaining terms and conditions remain in full force and effect.
XI. AMENDMENTS
26. An amendment may not be made to this Agreement unless the Amendment is provided in
writing, and signed by both the COALITION or designee and the PROVIDER.
XII. SUBCONTRACTS
27. The PROVIDER will not enter into subcontracts/agreements/assignments for any of the
work contemplated under this Agreement.
XIII. ELECTRONIC COMMUNICATION
28. The COALITION or designee's primary method for communicating with PROVIDERS is
electronically (email). PROVIDER is required to maintain and monitor a working email
address for sending and receiving communications from the COALITION or designee.
Failure to do so will result in termination of this Aareement.
XIV. PRINTED LITERATURE
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29. The PROVIDER will ensure all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the program, research reports, and
similar public notices prepared and released directly by the PROVIDER will include the
statement: "Sponsorship by the Early Learning COALITION or designee of Pinellas
County, Inc., State of Florida, Agency for Workforce Innovation and other Funders as
appropriate. (This excludes distribution of national corporate materials located outside
the state of Florida.)
XV. OTHER CHILD CARE SCHOLARSHIP FUNDED PROGRAM'S
30. PROVIDERS serving scholarship children from the Teen Parent Program, Refugee
and JWB Low Income Employed Families (LIEF) funded through Coordinated Child
Care of Pinellas, Inc. will be required to comply with the terms and conditions of the
associated funders relating to these scholarship programs in addition to those
conditions contained herein.
IMPORTANT NOTICE:
• Only providers participating in the Quality Counts for Children program are
authorized to care for children funded by Juvenile Welfare Board Children's
Service Council of Pinellas County (i.e. Low Income Employed Families (LIEF)
funded child care scholarships).
Informal PROVIDER'S (Relative/Non-Relative) are not eligible for
reimbursement for care of children receiving scholarships through the Teen
Parent, Even Start, Refugee or JWB-LIEF programs.
XVI. COUNTERTERRORISM COMPLIANCE
31. The PROVIDER certifies that the program is not on any federal terrorism "watch lists,"
and that it does not, will not and has not knowingly provided financial, technical, in-kind
or other material support or resources to any individual or entity that is a terrorist or
terrorist organization, or that supports or funds terrorism.
The following websites can be accessed to determine if an individual or organization is
on such a list:
a. The Treasury Department's "master list" of specially designated nationals and
blocked persons: http://www.treas.gov/offices/enforcement/ofac/sdn/.
b. The State Department's list of foreign terrorist organizations:
httg:www.state.gov/s/ct/c4291. htm.
c. The list of persons and entities designated under Executive Order 13224:
httR://www.treas.gov/offices/enforcement/ofac/sanctions/tl 1 ter.df.
XVII. REPORTING INCIDENTS
32. The PROVIDER will be responsible for reporting unusual incidents (i.e. incidents that
involve the PROVIDER, parents, or children and may cause negative public reaction
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against the PROVIDER, COALITION or designee or other Funders within one (1) hour of
learning of the incident and to submit a written report on COALITION forms within three
(3) workdays. Incident reports can be faxed to the COALITION or designee at 727-548-
1509 attention Carrie Culbertson or emailed to cculbertson elc inellas.or . (Email is
preferred.)
XVIII. SANCTIONS
33. Failure to comply with the requirements listed within this Agreement may result in
sanctions as published in the COALITION 's School Readiness Compliance Policy for
Child Care Centers and Licensed Family Child Care Homes and the School Readiness
Compliance Policy for Informal Child Care PROVIDERs developed and approved by the
COALITION or designee. Said policies can be found at www.elcpinellas.org..
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.
XIX. MONITORING AND REPORTING
34. The PROVIDER will furnish reports, as requested by the COALITION or designee,
including all reporting required for monthly reimbursement and attendance monitoring as
outlined in the PROVIDER Handbook.
35. The PROVIDER will allow access to staff of the COALITION or designee and/or their
authorized designee, AWI or other Funders to conduct unannounced monitoring of the
program operated by the School Readiness Provider Manual.
36. The PROVIDER must provide access to or to furnish whatever applicable information
(i.e. children's records, parent sign in/out sheets, attendance rosters) is necessary to
facilitate this monitoring.
37. The PROVIDER agrees to supply, upon request, relevant financial information as
requested by the AWI/COALITION or designee for the purpose of justifying present or
future reimbursement rates. However, when funding allows, rate justification may be
based on the market rate survey in each district, county, or neighborhood, the maximum
allowable rate, and the PROVIDER' published rates for the general public.
XX. REPORTING CHILD ABUSE
38. 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. This should also be reported to the COALITION as an Incident Report after
notification to proper authorities. See Section XVII. 32
XXI. RILYA WILSON ACT
39. PROVIDERS are required to report all Rilya Wislon designated children absences by the
close of business day to the Rilva Wilson 24 hour Hotline Number 727-456-0600 then
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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 and
the COALITION.
XXII. LIABILITY INSURANCE
40. The PROVIDER will maintain adequate public liability insurance throughout the term of
this Agreement and will ensure the COALITION or designee has a current "Certificate of
Insurance or is self insured with a ten (10) day notice to the COALITION or designee,"
throughout this contract year. Without adequate liability insurance, this Agreement will
be canceled. Please attach Insurance documentation to Agreement.
***** Informal caregivers do not need to submit proof of insurance at this time.******
XXIII. NOTICE OF CONTACT
41. The representative for the COALITION or designee for this Agreement is Carrie
Culbertson who can be contacted at the Early Learning Coalition of Pinellas County, Inc.
5735 Rio Vista Drive., Clearwater, FL 33760, telephone 727-548-1439, email
cculbertson(a)-elcpinellas.org
The representative of the PROVIDER responsible for the administration of the
Droaram under this Agreement is:
Name Kevin E. Dunbar
Address 100 S. Myrtle Ave, Clearwater, FL 33756
Telephone 727/562-4823
Email Kevin.Dunbar@myClearwater.com
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.
XXIV. TERMS AND CONDITIONS
This Agreement constitutes the only Agreement, and supersedes all prior Agreements and
understandings both written and oral, among the parties with respect to the subject matter
hereof. All Attachments hereto are a material part of this Agreement and are incorporated
by reference. This Agreement, including any Attachments hereto, may not be amended or
modified, except in writing and signed by all parties to this Agreement.
The COALITION reserves the right to waive requirements of the General Conditions,
Manner and Scope of Service, Specific Conditions or any and all Attachments to this
Agreement where warranted by special circumstances.
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XXV. COMMITMENT OF INTENT
It is understood that by signing this Agreement, I acknowledge my awareness of the
importance of quality early childhood care and education; and I affirm that I will provide a
developmentally appropriate program for all children entrusted to my care.
IN WITNESS THEREOF, the parties have caused this 20 page Agreement including
accompanying Attachments 1,2, 3 to be executed by their undersigned officials as duly
authorized.
EARLY LE NING COALITION or
;design F PINE LAS COUNTY, INC.
Aut orized Signature
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_ C.? ??? C=Nc?`
Print Name
Jan Chapman
?jLev f7,-? ? --
Title
Executive Director
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Date
PROVIDER
See attached signature page 8a
Authorized Signature
Print Name
Title
Date
Page- 8 - of 20
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard \Ndliam B. Horne II ?yp fir:
Mayor City Manager
rved as to form:
I ja6o?_ ' ? ?11 , I
Laura Mahony
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
20 /0, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
ar-sonally
known to me.
Print/Type Name: i7
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
DIANE E MANNI
"- MY COMMISSION # 00952018
(407) 398 0153 EXPIRES March 06, 2014
FlorfdaNolerySgrvjc®.com
The foregoing instrument was acknowledged before me this day of
u.A ?e- _, 20_1g, by FtP?E-il; City Manager of the City of Clearwater,
who is personally known to me. 5% erbac?nQ P\
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Print/Type Name:
Notary Public
P SANDRA HARRIGER
ja ua # 0 , 2012 1
My COMMISSION
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FL Notan' DisCptln? ?? Co.
1-$00.7-NU f ARY
Page - 8a - of 20
ATTACHMENT 1
MANNER AND SCOPE OF SERVICES
1. To provide quality early education and care services in Pinellas County, Florida for children
of families who meet the eligibility and enrollment requirements of the COALITION or
designee, and other Funders and whose parents/guardians have chosen their facility.
2. The child care services purchased by this Agreement will be provided at the location(s)
shown on page 1 or the approved child care locations for Administrative/Corporate entities.
When moving to another location PROVIDERS are not eligible for payment until the new
location has been licensed and a new School Readiness Agreement has been signed by the
PROVIDER. A monitoring visit at the new location is required prior to the execution of a new
Agreement.
"**Informal PROVIDERs (Relative/Non-Relative) who move are not eligible for
reimbursement until a Health & Safety monitoring visit at the new location has been
completed by COALITION or designee staff, abuse background checks are completed
on any new household members and a new Agreement is signed. *****
3. The PROVIDER agrees that any additional sites or site deletions or changes must be
approved at least ten (10) days in advance by the COALITION or designee.
4. All Child Care Centers and School Age Programs: To maintain availability of a minimum of
ten (10) hours of child care service five (5) days per week for 261 or 262 (leap year) days.
Before and after school programs do not have to meet the ten (10) hours per day
requirement when school is in session. Exception may be given to specified programs
meeting the needs of specified families. Any program needing such exceptions must be
approved in writing by COALITION or designee.
5. *****Family Child Care Homes and Large Family Child Care Homes: The PROVIDER is an
independent self-employed business, that are available to provide School Readiness
services for the days and hours required by the parents of the children they accept into care
and in accordance with existing standards. *****
6. Vision and Hearing Screening: The PROVIDER will allow access to their program by the
COALITION `s contracted designee for the purpose of conducting vision and hearing
screening of the children birth through 5 years enrolled. (Pinellas County Health
Department is designee)
7. Approved Curriculum: The PROIVIDER is required to use a curriculum that supports the
implementation of the Florida Performance Standards (Florida Statute 411.01 (5)(c)2.a).
( School Age providers are required to have an appropriate curriculum and activities which
support the development of the children in care).The PROVIDER must utilize a curriculum
approved by the COALITION or complete a curriculum approval application and submit such
curriculum to the COALITION for approval.
8. Character Development Program: The PROVIDER must identify, and implement an
approved character development program. Such program must be approved by the
COALITION or designee (411.01 (5)(c)2.b, Florida Statutes).
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9. Program Assessment : The PROVIDER is required to participate in the Program
Assessment Process and to correct all identified deficiencies in order to remain in
compliance with this Agreement. The COALITION or designee will provide technical
assistance to assist with required improvements. (411.01(4)(d)8., Florida Statutes.)
Program Assessment tool to be determined by the Agency for Workforce Innovation.
10. School Readiness Child Screening Process (ASQ): The PROVIDER is responsible for
complying with the COALITION /AWI screening requirements (ASQ). Not applicable to
school age children.
11. Pre/post School Readiness Child Assessment Process: The PROVIDER is required to
cooperate in the provision of child assessments according to COALITION policy.
(411.01(5)(c)2.d, Florida Statutes). Tool and methodology to be determined by the Agency
for Workforce Innovation.
PROVIDERS must provide ongoing assessment of child growth and development in addition
to the COALITION or designee's pre and post assessments.
12. Parental access and family involvement: The PROVIDER must allow parents or guardians
unlimited access to their children in School Readiness Programs. Parents and families must
be provided with information and activities that involve them in decisions about their child's
growth and development, recognizing them as their first teacher.
13. Professional Development Requirements: The PROVIDER must meet all training and
education requirements and participate in the professional development registry.
a. Completion of twenty (20) hours of in-service training during the Agreement year.
Training must include at least four of the seven competency areas.
• Health, Safety, and Nutrition.
• Child Development and Learning.
• Building Family and Community Relationships.
• Teaching and Learning Environments and Interactions.
• Curriculum.
• Observing, Documenting, Screening, and Assessing to Support Young Children
and Their Families.
• Professionalism.
b. Completion of approved Brain Research training. PROVIDERs that serve preschool
children must ensure staff that work with children ages 0 to 5 years complete
COALITION approved training "Brain Research for Children ages 0 to 5 years."
PROVIDERs that serve school-age children must ensure staff that work with school age
children complete COALITION or designee sponsored training "Brain Research for
School-age Children".
c. Completion of approved Shaken Baby/SIDS training. PROVIDERs that serve infants and
toddlers must ensure all staff that work with infants and toddlers and the Director of the
facility take COALITION approved training on Shaken Baby Syndrome and SIDS.
d. Training hours maybe prorated if the duration of this Agreement is less than (12)
months.
14. Health and Safety requirements: The PROVIDER must meet and maintain state and local
(if applicable) health and safety requirements in accordance with federal, state, and local
requirements, statute, and rules. The PROVIDER must adhere to all pertinent state and
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local health and safety requirements, including background screening, prevention and
control of infectious diseases, childhood immunizations, building and physical premises
safety, and minimum health and safety training. Section 411.01(5)(c)2.f., Florida Statutes,
requires all federally-funded School Readiness programs to provide a "healthy and safe
environment." To implement this requirement, the COALITION or designee is required to
adopt local health and safety requirements that may meet but not exceed state and local (if
applicable) licensing standards. This requirement is applicable to all School Readiness
PROVIDERs, including unlicensed or license-exempt providers.
"""Informal Providers (Relative/Non-Relative) are exempt from Licensing but must
maintain a healthy and safe environment for the children in their care in accordance
with COALITION or designee guidelines and subject to verification by COALITION or
designee staff. *'***
Refer to COALITION School Readiness Compliance Policy for Child Care Centers and
Licensed Family Child Care Homes and School Readiness Compliance Policy for
Informal Child Care Providers
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ATTACHMENT 2
REIMBURSEMENT AND PAYMENT
1. 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'
current published rate schedule for the general public, whichever is lower.
*****Informal PROVIDERS are reimbursed at 50% of the licensed Family Child Care
Home (FCCH) rate. *****
2. Reimbursement for School Readiness services will be conducted through Coordinated
Child Care of Pinellas, Inc., hereinafter referred to as "CCC". Facilities/homes that have
obtained Gold Seal status and submitted appropriate documentation to the COALITION
or designee and/or their CONTRACT designee are eligible for up to 20% higher
differential rate, 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.
3. The PROVIDER is reeguired 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.
******Informal PROVIDERS (Relative/Non-Relative) are also required to utilize
EFT for direct deposit of reimbursement.
4. The PROVIDER agrees to return any disallowed funds pursuant to the terms of this
Agreement that were disbursed to the PROVIDER by CCC as applicable. 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 (on behalf of the
funder(s)) 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.
5. Should a PROVIDER increase the ratestfees 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.
6. The PROVIDER agrees to comply with all terms and conditions contained in the 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. A copy of this manual can be accessed
on CCC's website http://www.childcarepinellas.o[g/forms Providers.htm, or from the
CCC Finance Department (727-547-5740).
7. The PROVIDER is limited to one set of rate changes for the contract year. A request for
rate changes must be received by the CCC prior to October 1 of the contract year. The
effective date of the rate change may be for a date later in the contract year. (For
example: a rate change may be submitted prior to October 1, 2010 with an effective date
of January 1, 2011.
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S. The PROVIDER is responsible for complying with policies and procedures related to
eligibility determination, redetermination, termination, parent fees, process for notification
of any changes related to eligibility per the COALITION or designee and other funder
requirements and administered through CCC. Payment will be made only for those
services specified in this Agreement by CCC as authorized by the COALITION or other
funders for families who have been properly certified as eligible and authorized in
advance by CCC for COALITION or designee or other funder reimbursement. No
payment can be made for those families who have been determined ineligible. It is the
PROVIDER'S responsibility to help ensure families have the proper eligibility
documentation/certification from CCC prior to enrollment. 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.
9. Parent Fees
a. The PROVIDER will collect parent fees assessed in compliance with the COALITION or
designee and other funder current regulations. The provider reimbursement claimed
under this Agreement will be reduced by the assessed amount. (See Finance Provider
Reference Manual" for further requirements regarding parent fees.)
b. The PROVIDER will comply with all requirements related to the assessment and non-
payment of parent fees as described in the Finance Provider Reference Manual.
c. The PROVIDER agrees to obtain a signed provider/parent rate/fee Agreement for all
families, private as well as those receiving a child care scholarship.
"""Informal PROVIDERS (Relative/Non-Relative) are also required to disclose
pay arrangements to parents in advance and in writing and to obtain a signed
provider/parent rate/fee Agreement.
d. The PROVIDER agrees to make a copy of this Agreement available to COALITION staff
or designee staff upon request. These forms may be monitored by COALITION or
designee personnel when making site visits.
10. REPAYMENT OF FUNDS
a. Upon the COALITION or designee's final determination of overpayments or disallowed
costs under federal or state law, regulation or rule, the PROVIDER shall return to CCC
any overpayments or disallowed costs within 30 calendar days of issuance of written
notice by the COALITION or designee. Should repayment not be made in a timely
manner, the COALITION or designee shall be entitled to charge a lawful rate of interest
on the outstanding balance.
11. SANCTIONS
a. Failure to comply with the requirements listed within this Agreement may result in
sanctions as published in the COALITION or designee School Readiness Compliance
Policy for Child Care Centers and Licensed Family Child Care Homes and the School
Readiness Compliance Policy for Informal Child Care Providers developed and
approved by the COALITION or designee. Said policies can be found at
www.elepinellas.org.
Page - 13 - of 20
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.
12. 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
the COALITION.
Page - 14 - of 20
ATTACHMENT 3
GENERAL ASSURANCE CERTIFICATION
1. The COALITION will not award a grant where the PROVIDER has failed to accept the
ASSURANCES AND CERTIFICATIONS contained in this section. In performing its
responsibilities under the Agreement, the PROVIDER hereby certifies and assures that it will
fully comply with the following if applicable:
a. Assurances - Non-Construction Pro rams SF 424 B
b. Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37 and 45 CFR
Part 80)
c. Debarment and Suspension Certification 29 CFR Part 98 and 45 CFR Part 74
d. Certification Regarding Lobbying (29 CFR Part 93 and 45 CFR Part 93)
e. Dru -free Workplace Certification 29 CFR Sub Part 98 and 45 CFR Part 82, 29 CFR
94, and Subpart B Part 82)
f. Certification Regarding Public Entity Crimes (section 287.133 Florida Statutes).
g. Departments of Labor Health and Human Services and Education and Related
Agencies Appropriations Act of 1995 (section 507, P.L. 103-333)
h. Trafficking Victims Protection Act of 2000, as amended (section 106 (a) and j22
U.S.C. 7104)
i. Pro-Children Act of 1994 (part C. P.L. 103-227)
j. Federal Child Care Development Funds Laws (45 Code of Federal
Regulations 98): htto://www.access.apo-gov/nara/cfr/Waisidx 02/45cfr98 02-html
k. COALITION or designee Plan and Board approved policies (www.elcoinellas.org)
1. Clean Air And Water Act T
By signing the Agreement, the PROVIDER is providing the above Assurances and Certifications
as detailed below:
2. CONSTRUCTION RENOVATION OF FACILITIES NOTE: Certain of these Assurances
may not be applicable to the PROVIDER.
a. Construction or Renovation of Facilities Using Program Funds: The Contractor is aware
that federal funds may not be used for the purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or facility. If any
property has been constructed or substantially renovated, through the unlawful use of
state or federal funds, the federal government shall be entitled to a lien against said
property.
Page - 15 - of 20
3. NONDISCRIMINATION &EQUAL OPPORTUNITY ASSURANCE
The Provider will comply with all Federal statutes relating to nondiscrimination. These include
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color, or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686 to include
discrimination based on sex/gender), which prohibits discrimination on the basis of disabilities;
(c) section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended
(42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) sections 523 and
527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd.3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (f) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental, or financing of housing; (g) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and (h)Title VI of the
Civil Rights Act of 1964 as amended, 42 U.S.C. 2000d et seq. , which prohibits discrimination
on the basis of race, color or national origin (i) the requirements of any other non-discrimination
statute(s) which may apply to the application .
a. The PROVIDER will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508
and 7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
b. The PROVIDER will comply, as applicable, with the provisions of the Davis-Bacon Act
(40 U.S.C. 276a to 276a7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and
the Contract Work Hours and Safety Standards Act (40.327-333) regarding labor
standards for federally assisted construction subagreements.
c. The PROVIDER will cause to be performed the required financial and compliance audits
in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-
133, "Audits of States, Local Governments, and Non-Profit Organizations."
e. The PROVIDER will comply with Executive Order (EO) No. 11246, Equal Employment
Opportunity, as amended by LO No.11375, and as supplemented in Department of
Labor regulation 29 CFR parts 33 and 37 as well as 41 CFR part 60 and 45 CFR part 80
if applicable.
The PROVIDER will comply with all applicable requirements of all other Federal laws,
executive order, regulations and policies governing this program.
4. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION.
The PROVIDER, through the duly appointed undersigned representative, certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or the
COALITION ;
b. Have not, within a three-year period preceding the Agreement, been convicted or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
Page - 16 - of 20
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph 13.2. of this certification; and/or
d. Have not, within a three-year period preceding the Agreement, had one or more public
transactions (Federal, State, or local) terminated for cause of default.
Where the PROVIDER is unable to certify to any of the statements in this certification, such
prospective PROVIFER shall attach an explanation to the Agreement.
5. CERTIFICATION REGARDING LOBBYING - Certification for Contracts, Grants, Loans, and
Cooperative Agreements.
The undersigned, as a duly authorized representative of the PROVIDER, certifies, to the best of
his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
PROVIDER, to any person for influencing or attempting to influence an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any PROVIDER, a Member
of Congress, an officer or employees of Congress, or employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the PROVIDER
shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The PROVIDER shall require that language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
References: FL Statute 216.347 and 45 CFR Part 93.
6. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS.
Pursuant to the Drug-Free Workplace Act of 1988 and its implementing regulations codified at
29 CFR 98, Subpart F., the PROVIDER, through the duly appointed undersigned
representative, attests and certifies that the PROVIDER will provide a drug-free workplace by
the following actions.
Page - 17 - of 20
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the PROVIDER's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
b. Establishing an ongoing drug-free awareness program to inform employees
concerning:
• The dangers of drug abuse in the workplace.
• The policy of maintaining a drug-free workplace.
• Any available drug counseling, rehabilitation and employee assistance
programs.
• The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
Agreement be given a copy of the statement required by paragraph 1.
d. Notifying the employee in the statement required by paragraph 1 that, as a condition
of employment under the Agreement, the employee will:
• Abide by the terms of the statement.
• Notify the employer, in writing, of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5)
calendar days after such conviction.
e. Notifying the COALITION in writing ten (10) calendar days after receiving notice
under subparagraph 5.b. from an employee or otherwise receiving actual notice of
such conviction. Provide such notice of convicted employees, including position title,
to every Grant officer on whose Grant activity the convicted employee was working.
The notice shall include the identification number(s) of each affected Grant(s).
f. Taking one of the following actions, within thirty (30) calendar days of receiving
notice under subparagraph 4.b., with respect to any employee who is so convicted.
• Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended.
• Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State or local, health, law enforcement, or other appropriate
PROVIDER.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of this entire certification.
The following are the sites for the performance of work done in connection with the specific
Agreement including street address, city, county, state, and zip code:
work address of PROVIDER.
Check ( ) if there are workplaces on file that are not identified here.
Check (?rif an additional page was required for the listing of the workplaces.
The PROVIDER will inform the COALITION or designee of any changes relevant to the
provisions of this section.
8. TRAFFICKING VICTIMS PROTECTION ACT OF 2000
In accordance with the Terms and Conditions of the Health and Human Services Administration
for Children and Families Child Care and Development Fund, the PROVIDER shall comply with
section 106(g) of the Trafficking Victims Protection Act of 2000. In each PROVIDER award (i.e.,
Page - 18 - of 20
grant or cooperative agreement) under which funding is provided to a private entity, section
106(g) of the Trafficking Victims Protection Act of 2000, as amended, requires the PROVIDER
to include a condition that authorizes the PROVIDER to terminate the award, without penalty, if
the recipient or a subrecipient (a) Engages in severe forms of trafficking in persons during the
period of time that the award is in effect; (b) Procures a commercial sex act during the period of
time that the award is in effect; or (c) Uses forced labor in the performance of the award or
subawards under the award.
9. PRO-CHILDREN ACT OF 1994
The Contractor agrees to comply with the Pro-Children Act of 1994,
20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition
of civil monetary penalty up to $1,000 for each violation and/or the imposition of an
administrative compliance order on the responsible entity. This clause is applicable to all
approved sub-contracts. The Contractor shall comply with Public Law 103-277, which
requires that smoking not be permitted in any portion of any indoor facility used for the
provision of federally funded services including health, day care, early childhood
development, education or library services on a routine or regular basis, to children up to
age 18.
10. CLEAN AIR AND WATER ACT
The PROVIDER will comply with environmental standards which may be prescribed pursuant to
the following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.); (f) conformity of Federal actions to
State (Clear Air) Implementation Plans under section 176(c) of the Clear Air Act of 1955, as
amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
11. AMERICANS WITH DISABILITIES ACT
The American with Disabilities Act of 1990, P.L. 101-336, which prohibits discrimination
on the basis of disability and requires reasonable accommodation for persons with
disabilities.
The American with Disabilities Act of 1990, P.L. 101-336, prohibits discrimination in all
employment practices, including job application procedures, hiring, firing, advancement,
compensation, training, and other terms, conditions, and privileges of employment. It applies
to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment
related activities.
12. Section 188 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2801 et seq. ,
which prohibits discrimination against all individuals in the United States on the basis of
race, color, religion, sex, national origin, age, disability, political affiliation, or belief, and, for
beneficiaries only, on the basis of citizenship/status as a lawfully admitted immigrant
authorized to work in the United States or participation in any WIA Title 1-financially assisted
program or activity. Applicable to USDOL-financially assisted programs under WIA. See 29
CFR part 37.
Page - 19 - of 20
Page - 20 - of 20
By signing below, the PROVIDER, through the duly appointed undersigned representative,
certifies and assures that it will fully comply with the applicable assurances outlined in parts A
through L, above.
See attached signature page 20a
Name and Title of Authorized Representative Date
Print Name
The remainder of this page was left intentionally blank.
Page - 20 - of 20
Countersigned:
CITY OF CLEARWATER, FLORIDA
B y:
k V. Hibbard William B. Horne II
Mayor City Manager
ved as to form:
Laura Mahony
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
Cynthia E. Goudeau
City Clerk
S
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The foregoing instrument was acknowledged before me this ? day of
, 20 / -0, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
rsonally known to me.
A-i-VL-4I -
Print/Type Name: l?IANN? ( r' ": DIANE ??, ..r..;
Notary Public { "MYCOMMISS " ;:'052018
EXPIRES, 2014
(407) 388-0153
r y.??r.me.com
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
SM e- , 201-0, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
Prin ype Name: e.r
Notary Public
HARFIGER
MA o?1SS10N k DD133691
EXp1R - January 04 2012
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