Fillable Statewide VPK Provider Contract Form OEL-VPK 20

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Statewide VPK Provider Contract Form OEL-VPK 20

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STATE OF FLORIDA
STATEWIDE VOLUNTARY PREKINDERGARTEN PROVIDER
CONTRACT
FORM OEL-VPK 20
I. PARTIES AND TERMS OF CONTRACT
1. Parties. This Contract is made and entered into this ______________ day of
__________________, 20___________, by and between the Early Learning Coalition of
___________________________________________ (herein referred to as “COALITION”), and
____________________________________________________ (doing business as, if
applicable) ________________________ (herein referred to as “PROVIDER”), with its principal
office located at____________________________________________________and its provider
physical site address (if the single site provider physical site address is different from principal
office address) located at__________________________________.
a. Multiple Public School Locations. If PROVIDER is a school district executing a single
Contract on behalf of multiple public school Voluntary Prekindergarten (VPK) Education
Program providers, a list of their names and their physical addresses are included in
Exhibit 1: Provider Location List. Thereafter PROVIDER shall include each entity listed
in Exhibit 1.
b. Multiple Private Provider Locations. If PROVIDER is executing a single Contract on
behalf of multiple private VPK 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 entity listed in Exhibit 1.
c. Identification Number. Insert PROVIDER’s ☐EIN or ☐SSN
here:______________________________________________________________
PROVIDER’s EIN (Employer Identification Number) or SSN (Social Security Number) is
requested in accordance with ss.119.071(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 a VPK provider, for reporting those payments for
federal tax purposes, and for routine identification.
2. Purpose. This Contract is designed to inform PROVIDER of the requirements of participation in
the VPK 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 VPK Program. This Contract is to engage an eligible provider to
provide VPK services to eligible VPK children. PROVIDER will receive payment based on
Legislative appropriations, the Office’s Uniform Attendance Policy for Payment (Rule 6M-
8.204, Florida Administrative Code (F.A.C.), and a child’s attendance certified by the parent and
provider (Rule 6M-8.305, F.A.C.).
3. Term. This Contract applies to the 20_______________ - 20_______________ VPK program
year. PROVIDER shall offer a school-year program and/or a summer program. This Contract
begins on __________________, 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 expires upon completion of
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 1 of 16
the VPK instructional hours and completion of the requirements outlined in this Contract or
termination of this Contract under Section XI.
A school-year VPK program shall be 540 instructional hours and a summer VPK program shall
be 300 instructional hours. In the event there is a transfer of ownership before all instructional
hours are completed, PROVIDER may schedule only the remaining instructional hours of the
program for the VPK class(es) previously enrolled under the prior ownership.
4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for VPK program
services 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 VPK program and
that PROVIDER and COALITION will be bound by the same:
- Chapter 1002, Florida Statutes (F.S.);
- Chapter 6M-8, Florida Administrative Code (F.A.C.); and
- Rules 6A-1.09433 & 6A-6.03033, F.A.C.
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.
II. PROVIDER ELIGIBILITY
7. General Eligibility.
a. Provider Type. To be eligible to deliver the VPK Program, PROVIDER must be either a public
school or a private provider (a licensed child care facility, a licensed family day care home, a
licensed large family child care, a non-public school exempt from licensure, or a faith-based child
care provider exempt from licensure).
A charter school that includes VPK in its charter is a public school and shall only execute this
Contract with the approval and oversight of the school district. A charter school that does not
include VPK in its charter must meet the requirements to be a private provider to be eligible to
deliver the VPK Program.
Check the box to indicate PROVIDER’s type:
☐A public school (Form OEL-VPK 20PS must be completed as an authorized attachment to this
Contract.)
☐A private provider (Form OEL-VPK 20PP 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.
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 2 of 16
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 prior contract. PROVIDER
agrees to successfully complete corrective action due to noncompliance determinations from a
prior Contract, as applicable, for the duration of this Contract.
8. Required Forms. PROVIDER certifies that it has registered with COALITION on forms
prescribed by the Office of Early Learning, that any information supplied by PROVIDER is
accurate and complete, and that it will notify COALITION in accordance with the notification
requirements in Paragraph 63 of any change in the information submitted on those forms.
Changes implemented by PROVIDER prior to notification to COALITION that fail to comply
with all VPK qualifications and requirements shall result in financial consequences referenced in
Paragraph 50 and corrective action referenced in Paragraph 53.
III. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK
9. Child Enrollment. PROVIDER agrees to enroll eligible children for the VPK Program only
with authorization from COALITION. PROVIDER agrees to obtain and complete, with parent,
an eligibility certificate form (Form OEL-VPK 02 or Form OEL-VPK 04). In the event that
PROVIDER has multiple locations, PROVIDER may only change the location where the child is
served in accordance with the reenrollment requirements established in Rule 6M-8.210, F.A.C.
10. Adherence to Requirements.
a. Provider agrees to deliver the VPK Program in accordance with all of the requirements which
are set forth in applicable statutes, rules, and this Contract.
b. Provider agrees to participate in a VPK orientation prior to the execution of the VPK contract
if offered by the coalition.
11. Assessment. PROVIDER agrees to implement the Voluntary Prekindergarten pre- and post-
assessment in accordance with s. 1002.67(3), F.S., and rules 6A-1.09433 and 6M-8.620, F.A.C.
Individuals administering the pre- and post-assessment shall meet the qualifications established
in rule. PROVIDER must register each year to access the Bright Beginnings website at
https://brightbeginningsfl.org/Register.aspx. The PROVIDER shall order pre- and post-
assessment materials as needed and submit assessment scores by logging into the Bright
Beginnings website by the deadlines established in rule which are based on the PROVIDER’s
VPK class schedule approved by the COALITION. VPK child assessment records shall be
maintained in accordance with Paragraph 33 of this Contract. For providers not previously issued
a provider ID, the early learning coalition will request the provider ID on behalf of the provider.
12. Curricula. PROVIDER agrees that it will implement curricula to deliver VPK Program
instruction which:
a. Are developmentally appropriate;
b. Are designed to prepare children for early literacy;
c. Enhance the age-appropriate progress of children in attaining each of the performance
standards approved for use in VPK; and
d. Prepare children to be ready for kindergarten.
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 3 of 16
13. Required Parent Information. PROVIDER agrees that PROVIDER will provide a copy of its
attendance policy to the COALITION before contract execution and to the parent of each child at
the time the child is admitted into PROVIDER’s VPK Program. The PROVIDER shall may
adopt its own, but in accordance with s. 1002.71, F.S., the attendance policy must require parents
to verify each month, the child’s attendance on forms prescribed by the Office of Early Learning
in Rule 6M-8.305, F.A.C. PROVIDER agrees to not amend its VPK program attendance policy
for the duration of this Contract. The providers attendance policy shall address school year and
summer programs separately if applicable.
14. Fees Prohibited. PROVIDER agrees that, in accordance with s. 1002.71(8)(a), F.S.,
PROVIDER shall not require payment of a fee or charge for services provided for a child in the
VPK Program during instructional hours reported for funding. PROVIDER shall not require a
fee or payment as a condition of enrollment or participation in the VPK Program. A provider
found to have required such fees is subject to termination for cause of this Contract as described
in paragraph 54.
15. Supplemental Services. PROVIDER agrees that, in accordance with section 1002.71(8)(b),
F.S., PROVIDER shall not require a child to enroll for, or require the payment of any fee or
charge for, supplemental services (e.g., “extended-day,” “extended-year,” “wrap-around,” or
“full-day” services) as a condition of admitting the child in the VPK Program. PROVIDER
agrees to schedule all VPK hours offered for any VPK class so that parents are not constructively
required to enroll child in supplemental services or pay any fee or charge (e.g., scheduling
instructional hours in a day with a break in instructional time, for which parents would be
required to pay for supplemental services for care). A provider found to have required such fees
is subject to termination for cause of this Contract as described in paragraph 54.
16. Parent Not Responsible for Financial Consequences. PROVIDER agrees that, if PROVIDER
does not receive payment from COALITION for offering VPK Program instruction to a child,
PROVIDER shall not require the child’s parent to pay for the services.
17. Instructor Requirements. PROVIDER agrees that at all times each of its VPK instructor(s) and
substitute instructor(s):
a. Has provided documentation to be maintained in the files of PROVIDER and
COALITION documenting that the individual has undergone a Level 2 background
screening within the previous five (5) years in accordance with section 435.04, F.S.,
including a federal (Federal Bureau of Investigation) and state (Florida Department of
Law Enforcement) screening which demonstrates that the individual is not ineligible to
act as a VPK instructor;
b. Is eligible to be employed as a VPK instructor in accordance with section 435.06, F.S.;
c. Is not ineligible to teach in a public school because his or her educator certificate is
suspended or revoked;
d. Is qualified to act as a VPK instructor or substitute in accordance with sections 1002.55,
1002.61 and 1002.63, F.S.
18. VPK Class Staffing. PROVIDER agrees to maintain proper staffing as required by VPK
statutes. A properly credentialed instructor must be present for all VPK classes. For school-year
classes that are composed of 12-20 children, an additional adult instructor must be present who is
eligible to work in the VPK provider’s setting. The VPK class size shall not exceed the approved
capacity of the physical space where instruction is provided.
19. Substitute Instructors. PROVIDER agrees that substitute instructors who meet the
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 4 of 16
requirements of Rule 6M-8.410, F.A.C. may replace a lead VPK instructor, when the VPK lead
instructor is not present at the facility. The time that any substitute instructors that do not meet
the credentials of a lead instructor may replace a lead instructor is limited to 30 percent of the
VPK Program’s total instructional hours in a VPK class.
20. Prohibited Forms of Discipline. In accordance with s. 1002.55(5), 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.
21. Statewide Information System. PROVIDER agrees to utilize the statewide information system
as referenced in s. 1002.82(2)(n), F.S., to submit information and updates regarding the VPK
Program. The PROVIDER shall execute this Contract on the Provider Portal found on
https://providerservices.floridaearlylearning.com.
22. Rilya Wilson Act and At-Risk Children. 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 Voluntary Prekindergarten Education Program.
23. VPK Logo. PROVIDER may use the registered VPK logo in conjunction with the operation of
the VPK program in advertisements, letterhead, educational and promotional materials.
PROVIDER agrees to comply with the VPK Logotype Usage and Brand Guidelines (Form OEL-
VPK 20B) and must cease use of the VPK logo once services under this contract are suspended
or terminated. Form OEL-VPK 20B can be found at the following web address:
http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/VPK/Form
_OELVPK%2020B_Final_ADA%20(1)_2.pdf
24. Provider Deliverables
Deliverable
Provider Type
Task and Activities
Due Date
VPK instructional hours;
Private and
Child enrollment activities per
For the term of this
540 for school year Public paragraph 9 Contract
programs and/or 300 for
summer programs
Implementation of curricula per the
requirements in paragraph 12
Instructor Requirements per
paragraphs 17-19
VPK Child Attendance
Private and
Completion of Child Attendance
Monthly
Public and Parental Choice Certificate
forms (OEL-VPK 03S and OEL-
VPK 03L) per paragraph 37
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 5 of 16
Monthly Certification of Child
Attendance by Provider per
paragraph 43
Certification of annual cumulative
child attendance per paragraph 41
Information change
notification
Private and
Public
Compliance with notification
requirements per paragraph 63
See paragraph 63
Liability insurance
notification
Private
Notification of cancellation of
changes to general liability
coverage
Within 10 calendar
days of
cancellation or
changes to general
liability coverage
Implementation of VPK
pre- and post-assessment
Private and
Public
Administration of Assessment
Period One items per paragraph 11
Within the first 30
calendar days of
the VPK class
schedule
Submission of Assessment Period
One data per paragraph 11
No later than first
45 calendar days of
the VPK class
schedule
Administration of Assessment
Period Three items per paragraph
11
Within the last 30
calendar days of
the VPK class
schedule
Submission of Assessment Period
Three data per paragraph 11
No later than 15
calendar days after
the last day of the
VPK class
schedule
IV. COALITION RESPONSIBILITIES
25. Forms Approved. COALITION has reviewed the documents submitted by PROVIDER and,
based on the information submitted, has determined that PROVIDER has completed the forms,
meeting necessary requirements established in ss. 1002.55(3)(h), 1002.61(8), or 1002.63(8), F.S.,
as applicable.
26. Technical Assistance. COALITION will offer technical assistance for providers on probation.
The technical assistance will be designed to facilitate the development and implementation of an
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 6 of 16
improvement plan. The technical assistance will be offered in a manner and schedule prescribed
by the coalition or school district.
27. Child Eligibility. COALITION has the responsibility for determining the eligibility of children
enrolling in the VPK Program. COALITION will issue a child certificate of eligibility (Form
OEL-VPK 02), as described in Rule 6M-8.201, F.A.C. or a certificate of eligibility for
reenrollment (Form OEL-VPK 04), as described in Rule 6M-8.210, F.A.C., for each eligible
child who’s parent applies for the VPK program or a reenrollment through the Family Portal.
28. Limitations on Authority. COALITION shall 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.
V. MONITORING, AUDITING, AND ACCESS
29. Monitoring. PROVIDER understands that the provisions of this Contract are required to fulfill
its obligation to offer the VPK Program, and that COALITION or school district (as applicable)
will monitor PROVIDER for compliance with the requirements of offering the VPK Program.
30. Physical Access. PROVIDER agrees to allow the Office of Early Learning and COALITION
staff or sub-contractors immediate access to the facilities and spaces used to offer the VPK
Program during normal business hours.
31. Records Access. PROVIDER agrees to allow COALITION staff or sub-contractors and the
Office of Early Learning to inspect and copy records pertaining to the VPK Program during
normal business hours and upon request by COALITION or the Office of Early Learning.
VI. MAINTENANCE OF RECORDS, DATA, AND CONFIDENTIALITY
32. Record Confidentiality. PROVIDER agrees to protect the confidentiality of child and family
records. Information associated with the VPK Program shall only be made available in
accordance with the restrictions of s. 1002.72, F.S. For the purposes of records of children
enrolled in the VPK Program, this Contract is considered an interagency agreement for the
purpose of implementing the VPK Program as described in s. 1002.72 (3)(a), F.S. Accordingly,
to the extent that PROVIDER receives VPK records in order to carry out its official functions,
PROVIDER must maintain and protect the data as required in s. 1002.72, 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. 1002.72, F.S.
33. Record Maintenance. PROVIDER agrees to maintain records, including enrollment and
attendance records for children funded by the VPK Program; records of each VPK child, VPK
instructor, substitute instructor, or VPK director; and other fiscal records for audit purposes for a
period of five (5) years from the date of the last payment 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.
34. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer
the VPK Program before the conclusion of the retention period for VPK records as described in
Paragraph 33, whether as a result of unilateral or mutual termination of PROVIDER’s eligibility
to offer the VPK Program or as a result of PROVIDER ceasing to do business, PROVIDER shall
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 7 of 16
transfer all VPK records required to be maintained under Paragraph 33 to COALITION no later
than the close of business on the day PROVIDER ceases to offer the VPK Program. Failure to
remit all VPK records required to be maintained will result in COALITION withholding final
payment until the requirements of this paragraph are met.
VII. COMPENSATION AND FUNDING
35. Notification of Enrollment. PROVIDER agrees that it will not receive payment until the
provider has entered the certificate of eligibility number into the Provider Portal and the coalition
has in turn approved the enrollment of the child through the provider portal.
36. Attendance Documentation. PROVIDER agrees to document the daily attendance, to certify
the monthly attendance, and to certify the annual cumulative attendance of each child admitted to
PROVIDER’s VPK Program class(es) in accordance with rules of the Office of Early Learning.
PROVIDER agrees that, after the annual cumulative attendance has been certified, the certified
annual cumulative attendance may not be disputed for payment purposes.
37. Parent Attendance Certification. PROVIDER agrees to require that the parent of each child in
the VPK Program verify, each month, the child’s attendance on the prior month’s certified child
attendance, in accordance with the requirements of s. 1002.71(6)(b)2., F.S. PROVIDER agrees
to maintain the Child Attendance and Parental Choice Certificates (Forms OEL-VPK 03L or
OEL-VPK 03S) which have been signed each month by a parent for each child admitted into
PROVIDER’s VPK Program class(es) in accordance with the rules of the Office of Early
Learning.
38. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit
in order to receive VPK 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.
39. Payment Rate. PROVIDER understands that payments for each child may not exceed the
amount of funding for one full-time equivalent (FTE) student, as established by the Florida
Legislature, except for extreme hardship reenrollment circumstances described in Rule 6M-
8.210, F.A.C. The amount of funding for one FTE student is calculated by multiplying the base
student allocation provided in the General Appropriations Act by the county’s district cost
differential. The formula for FTE calculation is subject to revision by the Legislature during the
course of the program year. In the event that a change of ownership or transfer of a VPK
program has occurred and payment, including advance payment, has been made, the succeeding
VPK provider shall not receive funding, that combined with the funds already dispersed to the
preceding VPK provider(s), would exceed the funding for one full-time (FTE) for each child
enrolled.
40. Advance Payment Option. PROVIDER understands that PROVIDER will receive monthly
payments in accordance with the rules of the Office of Early Learning. PROVIDER further
understands that PROVIDER may elect to receive monthly advance payments based on the
number of children enrolled in the PROVIDER’s VPK Program class(es) by checking the
appropriate box for each program:
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 8 of 16
School Year Program
☐ PROVIDER elects to receive monthly advance payments for the school year program
and understands that advance payments will be reconciled and adjusted in accordance
with the rules of the Office of Early Learning.
☐ PROVIDER elects not to receive monthly advance payments for the school year
program.
or
☐ PROVIDER does not intend to offer the school year program.
Summer Program
☐ PROVIDER elects to receive monthly advance payments for the summer program and
understands that advance payments will be reconciled and adjusted in accordance with
the rules of the Office of Early Learning.
☐ PROVIDER elects not to receive monthly advance payments for the summer
program.
or
☐ PROVIDER does not intend to offer the summer program.
41. Final Payment. PROVIDER understands that COALITION will not issue a final payment to
PROVIDER for the VPK program year until PROVIDER certifies the annual cumulative
attendance of each child enrolled in PROVIDER’s VPK Program in accordance with the rules of
the Office of Early Learning.
42. Overpayment. PROVIDER agrees that, if the end-of-year reconciliation of payments reveals that
PROVIDER received payments in excess of the amount owed to PROVIDER, COALITION will
offset the overpayment against the final payment owed to PROVIDER for the program year and
any future payments issued to PROVIDER for early learning programs. If PROVIDER ceases to
offer early learning programs before the overpayment is fully offset, 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.
43. Attendance Documentation Submission. PROVIDER agrees to submit monthly attendance
certification in accordance with Rule 6M-8.305, F.A.C., for payment. PROVIDER agrees to
submit all required attendance records to COALITION on or before the 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 payment cycle.
44. 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.
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 9 of 16
45. Closures. PROVIDER agrees compensation for temporary closures will be handled in
accordance with Office of Early Learning Rule 6M-8.204(5), F.A.C.
46. Disallowed Costs. PROVIDER understands expenditures submitted for reimbursement shall be
disallowed if PROVIDER does not adhere to the provisions governing the VPK 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 VPK 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 fraud restitution.
47. 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))
48. 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. PROVISIONS FOR PROVIDER PROBATION
49. Readiness Rates. PROVIDER understands that, in accordance with s. 1002.69(5), F.S., the
Office of Early Learning will annually issue kindergarten readiness rates to each PROVIDER.
PROVIDER understands that if it, or any of its providers listed in Exhibit 1, receives a
kindergarten readiness rate which falls below the minimum readiness rate established by the
Office of Early Learning, in accordance with s. 1002.67(4)(c)1., F.S., PROVIDER or any of its
PROVIDERS listed in Exhibit 1 will be placed on probation and must submit an improvement
plan and/or annual progress report for approval to either the school district or COALITION in
accordance with rules adopted by the Office of Early Learning or be removed from eligibility to
offer the program type for five (5) years. In the event that PROVIDER fails to meet the
minimum readiness rate for a program type (school-year or summer) three consecutive times, in
accordance with s. 1002.67(4)(c)3, F.S., PROVIDER will be removed from eligibility to offer
the program type for five (5) years unless PROVIDER is granted a good cause exemption by the
Office of Early Learning. If a PROVIDER is removed from summer eligibility, then this
Contract is considered void for that PROVIDER’s summer program type of the program year.
50. Probation. PROVIDER understands that in accordance with s. 1002.67(4)(c)2, F.S.,
PROVIDER on probation must continue the corrective actions in its improvement plan,
including the use of an approved curriculum or a staff development plan, until PROVIDER
meets the readiness rate. Failure to do so will result in the termination of PROVIDER’s contract
and the PROVIDER losing eligibility to deliver the VPK Program for five (5) years.
IX. FINANCIAL CONSEQUENCES
51. Financial Consequences. As a result of PROVIDER’s failure to provide the minimum level of
services required by this Contract, COALTION shall temporarily withhold reimbursement,
disallow all or part of services not in compliance with the terms of this Contract, or terminate the
Contract.
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 10 of 16
X. NONDISCRIMINATION
52. Discrimination Prohibited. PROVIDER agrees to comply with the antidiscrimination
requirements of 42 U.S.C. s. 2000d, regardless of whether PROVIDER receives federal financial
assistance. PROVIDER agrees not to discriminate against a parent or child, including the refusal
to admit a child for enrollment in the VPK Program, in violation of the antidiscrimination
requirements.
XI. TERMINATION AND NONCOMPLIANCE
53. Noncompliance Determination and Corrective Action Notice. If COALITION determines
PROVIDER has failed to comply with the provisions governing the VPK 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 60. Upon determining that
the PROVIDER has 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 if the PROVIDER remains eligible to
deliver VPK and executes a new contract with the COALITION.
54. 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; or
cited for a Class I violation by the Department of Children and Families or local licensing agency
as applicable (b) The material failure to comply with one or more of the terms of this Contract,
including failure to implement corrective action; (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 59.
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 60. 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.
55. Emergency Termination. COALITION must immediately terminate this Contract on an
emergency basis upon a notification by the Department of Children and Families (DCF) or local
licensing agency or accreditation body 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
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 11 of 16
emergency termination at least twenty-four (24) hours prior to termination. The written notice
must specifically state the basis of COALITION’s emergency termination. Finally, the notice
must state that PROVIDER may request a review of the determination as described in paragraph
60.
56. Revocation of Eligibility.
a. In accordance with s. 1002.67(4)(b), F.S., if PROVIDER’s Contract is terminated under
paragraph 53 or 54, COALITION may revoke PROVIDER’s eligibility to deliver the VPK
Program for a period of five (5) years. The only statutorily authorized period of revocation is for
five (5) years (s.1002.67(4), 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 the 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 54 or 55, and the PROVIDER’s eligibility is not revoked for a period of five (5)
years under paragraph 56 part a, the parties may not enter into another contract for VPK services
for the remainder of the contract term of this contract.
57. 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 part V or part VI of chapter 1002, of the Florida
Statutes or chapter 6M-4, 6M-8, or rules 6A-1.09433 and 6A-6.03033, F.A.C., the COALITION
may revoke the PROVIDER’S eligibility to offer the VPK program for a period of 5 years in
accordance with s. 1002.67(4) and 1002.88(2), F.S. if the noncompliance is upheld by the early
learning coalition review committee.
58. 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
VPK hours completed prior to termination of this Contract.
59. Fraud.
a. Suspension for Suspected Fraud. In accordance with s. 1002.91(4), F.S., COALITION may
suspend or terminate PROVIDER from participation in the VPK Program when it has reasonable
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 12 of 16
cause to believe that PROVIDER has committed fraud. PROVIDER may request a review of
COALITION’s determination to suspend PROVIDER as described in paragraph 59. 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.
b. 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 services of,
PROVIDER for a period of 5 years. In addition, COALITION shall refrain from contracting
with, or using the services of, any provider that shares an officer or 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.
c. 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.
60. Due Process Procedures. PROVIDER may request a review of determinations made by
COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 2, Due
Process Procedures. While a request for a review is being examined, PROVIDER is not required
to implement corrective action. In accordance with s. 1002.75(1), PROVIDER may not offer any
VPK Program services while a request for a review regarding termination of PROVIDER’s VPK
Statewide Contract is being examined.
61. 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 XI 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 Exhibit 1 showing any stricken locations to
PROVIDER. This Contract will remain in force and effect as to all locations in Exhibit 1 which
are not stricken.
62. 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.
XII. NOTIFICATION
63. Information Change Notification. PROVIDER agrees that it will comply with each of the
following notification requirements:
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 13 of 16
a. Providing notice of class transfers of children at the same provider location within
fourteen (14) calendar days;
b. Providing notice of changes to information provided on Forms OEL-VPK 10, OEL-VPK
11A, and OEL-VPK 11B within fourteen (14) calendar days after the information
changes in accordance with Rule 6M-8.300, F.A.C.;
c. Submitting documentation demonstrating temporary closure by the close of business on
the first day that a closing occurs and submitting documentation demonstrating
subsequent reopening within two (2) business days after reopening;
d. Providing notice and documentation specifying reasons for dismissal of children within
fourteen (14) calendar days;
64. CCR&R Participation. PROVIDER agrees to provide program and business information
annually for inclusion in the Child Care Resource and Referral (CCR&R) Network and is
responsible for ensuring that COALITION has up-to-date business and contact (including
emergency contact) information. This information shall be provided in the Provider Portal.
65. 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 a named party or defendant that relates to PROVIDER’s operation of VPK
services.
66. Notification of Disqualification or Public Assistance Fraud.
a. PROVIDER shall notify COALITION within five (5) calendar days if 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.
XIII. INDEMNIFICATION
67. Indemnification. PROVIDER shall be fully liable for and indemnify, defend and hold harmless
COALITION, Office of Early Learning and all of their officers, directors, agents, contractors,
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
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 14 of 16
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 a subdivision thereof, as defined in s. 768.28(2), this paragraph is limited to the
extent permitted by s. 768.28, F.S.
XIV. SEVERABILITY
68. 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.
XV. AMENDMENTS
68. Only Authorized Amendments. Only authorized attachments, amendments, or supplements to
this Contract are authorized or permitted including those specifically incorporated by reference
in this form, such as Exhibit 1, Provider Location List; Exhibit 2, Due Process Procedures; Form
OEL-VPK 20A, Amendment to the Statewide Voluntary Prekindergarten Provider Contract; and
Form OEL-VPK 20PP or Form OEL-VPK 20PS, as described in paragraph 7.
XV. EXECUTION OF CONTRACT
In accordance with ss. 1002.55(3)(i), 1002.61(3)(b), and 1002.63(3)(b), 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
VPK Program, which include 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 XI.
Warranty of Authority. Each person signing this contract warrants that he or she is duly dually
authorized to do so and to bind the respective party to the contract.
Signature of President/Vice President/ Print Name
Secretary/Officer/Owner/Principal/or Other
Authorized Representative
☐ By Electronic Signatu
Title Date
re
Provider’s Additional Signatory (If required by Print Name
the Provider)
☐ By Electronic Signature
Title Date
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 15 of 16
Provider’s Additional Signatory (If required by Print Name
the Provider)
☐ By Electronic Signature
Title Date
COALITION has caused this Contract to be executed as of the date set forth in Paragraph 1.
Signature of Authorized Coalition Print Name
Representative
☐ By Electronic Signature
Title Date
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Page 16 of 16
STATE OF FLORIDA
STATEWIDE VOLUNTARY PREKINDERGARTEN PROVIDER
CONTRACT
FORM OEL-VPK 20
Exhibit 1: Provider Location List
Provider Legal Name:_____________________________________________________________
(doing business as)_______________________________________________________________
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 executing a single Contract on behalf of multiple public school VPK
providers or if PROVIDER is executing a single Contract on behalf of multiple private VPK 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. School Year (Y/N)
G. Summer (Y/N)
H. Official Use Only (for coalition use)
OEL-VPK 20 (October 2018) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Exhibit 1
Exhibit 2: Due Process Procedures
Provider Legal Name:
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 Voluntary Prekindergarten 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. 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 all attempts have been made by the Coalition to schedule
among the selected Review Hearing Committee members potential dates for the hearing
OEL-VPK 20 (October 2018 ) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Exhibit 2
and neither provider representative from the Coalition Board is available, then the
requirement for a provider representative will be waived for this hearing and the minutes
of the Review Hearing Committee will document that the Coalition made every attempt
to have a provider representative member included but was unable to do so for this
hearing.
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. Notice of Review Hearing Committee Decision. 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.
OEL-VPK 20 (October 2018 ) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Exhibit 2
ii. If no part of the determination made by the Coalition was correct, then the
provider is not required to take further action.
iii. 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
B. If the provider’s eligibility to offer the Voluntary Prekindergarten
Education Program will be terminated, the date of termination.
f. 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 Voluntary Prekindergarten Education 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.
OEL-VPK 20 (October 2018 ) Statewide Voluntary Prekindergarten Provider Contract
6M-8.301, F.A.C. Exhibit 2
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Statewide VPK Provider Contract Form OEL-VPK 20

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Completed 20 July 2020

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