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.
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
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