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Backup Documents 05/11/2010 Item #16D3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 0 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in outing order) Office Initials Date 1. � Ctrl( -r S•II•Io 2. / �/ u � �� Agenda Item Number 3. / j 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached S /IZ, /a 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff ^�((� / C;l Phone Number x Contact Q pJ' t (Initial) _, p G 3 dL Agenda Date Item was / �/ u � �� Agenda Item Number Approved by the BCC / j Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached I Documents Attached INSTRUCTIONS & CHECKLIST rl--�(-Ae 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not ap ropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except.the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _T-he- document- was - approved -b -y- the - -BCC -on -- 1! I c? .___(enter- date)- and - all - changes —made E during the meeting have been incorporated in the attached document. The Coun Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 NelsonTona From: FergusonShari Sent: Tuesday, May 11, 2010 11:50 AM To: NelsonTona Subject: FW: May 17 Provider Paperwork Deadline Importance: High f6D3" We have a deadline of May 17th — they know we might be late but anything we can do to speed up the process would be great. Thanks. 9-4. FVISU •, em Regional Manager Collier County Parks and Recreation 15000 Livingston Rd. 239 - 252 -4030 239 - 252 -6526 fax 239 - 289 -2857 cell It Starts in Parks... Play, Connect and Discover From: WilliamsBarry Sent: Monday, May 10, 2010 1:42 PM To: FergusonShari Subject: FW: May 17 Provider Paperwork Deadline Importance: High We going to be okay for our VPK application? From: Dee Goforth (Dee.Goforth @elcofswfl.org] Sent: Monday, May 10, 2010 1:40 PM To: 'Hands & Hearts Preschool'; 'Harlem Academy'; 'Harvest Academy'; 'Harvest Learning Center'; 'Health Park Child Development Center'; 'Henrietta Williams FCCH; 'Here We Grow'; 'Hoogstraal, Lacretia; 'Huggie Bears'; 'Immokalee Child Care Center'; WilliamsBarry; 'James FCCH'; Jamie Wick; 'Jenifer Aponte FCCH'; 'Joseph H. Messina'; 'Kid City Early Learning Academy; 'Kiddie Korral on the Parkway'; 'Kids Club (Cape Coral Charter School)'; 'Kids Connection'; 'Kid's World Preschool'; Kimberlea Gerbasio; 'Kim's Happy Time'; 'Kinderland Place'; 'Kinderworld Academy'; 'LaBelle CDC; 'Larry Ely'; 'Lee Memorial Hospital Child Dev. Center'; 'Lee Memorial Hospital Child Dev. Center'; 'Lehigh Child Care'; 'Lehigh Child Care Center, Inc.'; 'Lely /School Dist. of Collier'; 'Ling - Choung L- FCCH'; 'Lisa Robinson; 'Little Angels Day Care Center'; 'Little Angels Preschool, Inc.'; 'Little Disciples Learning Center'; 'Little Ducks Day School'; 'Little Heart's'; 'Little Learning Spot; 'Little People Preschool'; 'Little People's School'; 'Little Shepherds Child Development Center'; 'Little Sprouts Child Care Center'; 'Living Waters Academy- Bonita'; 'Living Waters Learning Center'; 'Lopez FCCH'; 'Love & Laughter Learning Center'; 'LWIT- Learning Partners Early Education & Care Center' Subject: May 17 Provider Paperwork Deadline *This is a friendly reminder to all providers. Next Monday, May 17, is the deadline to submit your renewal paperwork for VPK and School Readiness if you wish to continue receiving SR and/or VPK funds for the new fiscal year Please mail or drop off your paperwork to the 4C office. Director of Provider Services 1603 Early Learning Coalition of SWFL 5256 Summerlin Commons Way #201 Fort Myers, FL 33907 Phone: 239.210.6866 Fax: 239.267.4109 melanie.holawav @elcofswfl.org "Nurturing the young children of Southwest Florida and those who care for them!" SUNSHINE LAW AND PUBLIC RECORDS CAUTION: 1) The Florida Government in the Sunshine Law prohibits discussion outside a duly noticed meeting between any two or more Earty Learning Coalition of Southwest Florida members regarding any matter that may come before the Board. This prohibition extends to discussions via e-mail. 2) Furthermore, most e-mail communications made or received by the Early Learning Coalition of Southwest Florida members or staff are considered public records that must be retained and, upon request, made available to the public and media. CONFIDENTIALITY NOTICE. This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply electronic mail) and then destroy all copies of the original message. Dee Goforth Administrative Assistant for Program Support Services Early Learning Coalition of Southwest Florida 5256 Summerlin Commons Way, Suite 201 Ft. Myers, FL 33907 Direct Phone: 239 - 210 -6860 Fax: 239 - 267 -4109 "Nurturing the young children of Southwest Florida and those who care for them!" SUNSHINE LAW AND PUBLIC RECORDS CAUTION: 1) The Florida Government in the Sunshine Law prohibits discussion outside a duly noticed meeting between any two or more Early Learning Coalition of Southwest Florida members regarding any matter that may come before the Board. This prohibition extends to discussions via e-mail. 2) Furthermore, most e-mail communications made or received by the Early Learning Coalition of Southwest Florida members or staff are considered public records that must be retained and, upon request, made available to the public and media. CONFIDENTIALITY NOTICE. This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply electronic mail) and then destroy all copies of the original message. Under Florida Law, e -mail addresses are public records If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16p3 MEMORANDUM Date: May 12, 2010 To: Shari Ferguson, Regional Manager Parks and Recreation Department From: Ann Jennej ohn Minutes & Records Department Re: Agreement between Parks and Recreation and the Early Learning Coalition of Southwest Florida for a Voluntary Pre - Kindergarten Education Program Attached please find two original agreements, referenced above, (Agenda Item #16D3) approved by the Collier County Board of County Commissioners on May 11, 2010. Please forward on for signature and return a fully executed original document to the Minutes and Records Department for the Board's records. If you have any questions, please call me at 252 -8406. Thank you. Attachment (1) 1603 Agenda Item No. 161D3 May 11, 2010 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an agreement between Collier County Parks and Recreation and the Early Learning Coalition of Southwest Florida for a Voluntary Pre - Kindergarten Education Program with anticipated reimbursements of $108,400 and to authorize the County Manager and /or his designee to sign in subsequent years. Objective: To provide high - quality, low -cost childcare. Considerations: For many years the Parks and Recreation Department has provided a preschool program for four and five year olds. As a licensed child care facility, our facilities qualify to participate in the State of Florida for the Voluntary Pre - Kindergarten Education Program (VPK). A constitutional amendment passed by Florida's voters in Nov. 2002 required a voluntary pre - kindergarten (VPK) program for all four - year -old children by fall 2005. House Bill 1- A was signed into law by Governor Bush on January 2, 2005, creating a program designed to prepare four - year -olds for kindergarten and build the foundation for their educational success. The program allows a parent to enroll his or her eligible child (four years old by September 1 and residing in Florida) in a VPK program. The VPK program is FREE for eligible children; regardless of family income. The local early learning coalitions in the state are responsible for administering the program for the counties in their service area. Community Coordinated Care for Children, Inc (4C) works with the Early Learning Coalition of Southwest Florida as its contractor in coordinating the State of Florida reimbursement of $2,710 per child. The attached agreement applies to the 2010 — 2011 VPK program year. A new agreement must be signed for each subsequent program year to remain eligible to deliver the VPK program. Five sites will be participating in this program; Immokalee Community Park, East Naples Community Park, Max Hasse Community Park and Golden Gate Community Center. Fiscal Impact: $108,400 in anticipated reimbursements is being budgeted in FYI (40 children x $2,710 per child) and will be dispersed to the corresponding cost center. Total expenses of $41,387 are budgeted in FYI 1. Legal Consideration: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. -CMG 1603 11 Agenda Item No. 16D3 May 11, 2010 Page 2 of 10 Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: Recommendation to approve and authorize the Chairman to sign an agreement between Collier County Parks and Recreation and the Early Learning Coalition of Southwest Florida for a Voluntary Pre - Kindergarten Education Program with anticipated reimbursements of $108,400 and to authorize the County Manager and/or his designee to sign in subsequent years. Prepared Bv: Shari Ferguson, Regional Manager, Parks and Recreation Department 1603 Agenda Item No. 161D3 May 11, 2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D3 Item Summary: Recommendation to approve and authorize the Chairman to sign an agreement between Collier County Parks and Recreation and the Early Learning Coalition of Southwest Florida for a Voluntary Pre - Kindergarten Education Program with anticipated reimbursements of $108,400 and to authorize the County Manager and /or his designee to sign in subsequent years. Meeting Date: 5/11/2010 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/23/2010 1:24 PM Approved By Barry Williams Director - Parks & Recreation Date Public Services Division Parks & Recreation 4/23/2010 2:32 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 4/28/2010 9:50 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 5/3/2010 9:19 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 5/3 /2010 10:53 AM Approved By Jeff Klatzkow County Attorney Date 5/3/2010 11:08 AM Approved By Sherry Pryor Management/ Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 5/3/2010 12:48 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 5/3/2010 2:58 PM am STATE OF FLORIDA VOLUNTARY PREKINDERGARTEN ""`y`° Wor"`°"'' EDUCATION PROGRAM STATEWIDE PROVIDER AGREEMENT I. PARTIES 1. THIS AGREEMENT is made and entered into this day of between the Early Learning Coalition of Southwest Florida offices located at 5256 Summerlin Commons Way, Fort Myers, FL and at 11. TERM OF AGREEMENT Agenda Item No. 16D3 IUn„ 11 7n1n , , ., ... 2010 by and with its principal (hereinafter referred to as "COALITION ") with its principal offices located (hereinafter referred to as "PROVIDER'). 2. This Agreement applies to the 201 0 -2011 VPK program year, including the 2010 -20111 school year and summer 2011 programs. This Agreement shall begin on , or on the date on which the Agreement is signed by the last party required to sign the Agreement, whichever occurs last, and expires upon completion of all of the PROVIDER's VPK programs (i.e., school -year program, summer program, or both programs) or August 31, 20 11 whichever occurs first. The COALITION is not obligated to pay for costs incurred by the PROVIDER before the Agreement's beginning date or after its ending date. 3. The PROVIDER must complete and sign a new Agreement each subsequent program year to remain eligible to deliver the VPK program. III. PROVIDER ELIGIBILITY 4. The PROVIDER certifies that it has registered with the COALITION by completing and submitting to the COALITION or the COALITION's contractor the Statewide Provider Registration Application (Form AWI -VPK 10) and Class Registration Application (Form AWI -VPK 11). If any information submitted in any of these applications changes, the PROVIDER agrees to notify in writing the COALITION or the COALITION's contractor 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 within 10 calendar days before the change. In addition, whenever a signatory to the executed Agreement changes, a new Agreement must be executed. 6. The COALITION has reviewed the applications submitted by the PROVIDER and, based on the information submitted, has determined that the PROVIDER is eligible to deliver the VPK program during the program year specified in Paragraph 2, 7. Although the COALITION has determined that the PROVIDER is eligible to deliver the VPK program, the PROVIDER understands that the COALITION has an ongoing duty to verify the PROVIDER's compliance with the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation, Form Statewide Provider Agreement AWI -VPK 20 (02/14/2007) Page 1 of 9 Agenda Item No. 161D3 May 11, 2010 Page 5 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program 15. The PROVIDER agrees that each of its VPK classes in a school -year (540 instructional hours) program under section 1002.55, Florida Statutes, or section 1002.63, Florida Statutes, if applicable, shall have for each class at least one of the following instructors: a. A prekindergarten instructor who: i. Holds a child development associate (CDA) credential issued by the National Credentialing Program of the Council for Professional Recognition or a credential approved by the Florida Department of Children and Family Services under section 1002.55(3)(c)1.b., Florida Statutes, as being equivalent to the national CDA credential; and ii. Has completed a training course approved by the Florida Department of Education under section 1002.59, Florida Statutes, in emergent literacy (if completed on or after October 1, 2005) or has completed training approved by the Florida Department of Children and Family Services under section 402.305(2)(d)5., Florida Statutes, section 402.316(6), Florida Statutes, or section 402.3131(5), Florida Statutes, in early literacy and language development (if completed before October 1, 2005); or b. A prekindergarten instructor who holds one of the educational credentials (i.e., associate's or higher degree) listed in section 1002.55(4), Florida Statutes, or an educational credential approved by the Florida Department of Education under section 1002.55(4)(e), Florida Statutes, as being equivalent to or greater than those educational credentials. In addition, the PROVIDER agrees that, for each VPK class composed of 11 or more children (see Paragraph 9a), the PROVIDER shall have a second adult prekindergarten instructor who meets the requirements provided in Paragraph 14 but who is not required to have the credentials or training required in this paragraph. 16. The PROVIDER agrees that each of its VPK classes in the summer (300 instructional hours) program under section 1002.61, Florida Statutes, if applicable, shall have for each class at least one prekindergarten instructor who: a. Is a certified teacher, or b. Holds one of the educational credentials (i.e., bachelor's or higher degree) listed in section 1002.55(4)(a) or (b), Florida Statutes. 17. The PROVIDER acknowledges that each private provider is required to have a prekindergarten director who has a director credential. The PROVIDER understands that the director must have one of the following director credentials: a. A child care facility director credential approved by the Florida Department of Children and Family Services under section 402.305(2)(f), Florida Statutes; and b. A VPK director endorsement approved by the Florida Department of Education under section 1002.57, Florida Statutes (if the child care facility director credential is issued after December 31, 2006). V. PROGRAM PERFORMANCE AND PROBATION 18. The PROVIDER understands that, in accordance with section 1002.69(5), Florida Statutes, the Florida Department of Education shall annually calculate each provider's kindergarten readiness rate, expressed as the percentage of VPK children who are assessed as ready for kindergarten. The kindergarten readiness rate shall be based exclusively on the results of the statewide kindergarten screening for children completing the VPK program. 19. The PROVIDER understands that, in accordance with section 1002.67(3)(c)1., Florida Statutes, if the PROVIDER's kindergarten readiness rate falls below the minimum rate adopted by the State Board of Education as satisfactory, the PROVIDER is required to submit for approval, and implement, an improvement plan. 20. The PROVIDER understands that, in accordance with section 1002.67(3)(c)2., Florida Statutes, if the PROVIDER's kindergarten readiness rate falls below the minimum satisfactory rate for 2 consecutive years, the PROVIDER shall be placed on probation and be required to take certain corrective actions for the VPK program, Including, but not limited to, the use of a curriculum approved by the Florida Department of Education. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 3 of 9 Agenda Item No. 16D3 May 11, 2010 Page 6 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program VI. CHILD ELIGIBILITY AND ENROLLMENT 21. The PROVIDER understands that the COALITION or the COALITION's contractor shall determine the eligibility of children for enrollment in the VPK Program and shall issue to each eligible child a Certificate of Eligibility (Form AWI -VPK 02 or substantially similar form). The PROVIDER agrees that it shall not admit a child in the VPK program unless the child has been determined eligible for the program by the COALITION or the COALITION's contractor. 22. The PROVIDER understands that each child's parent or guardian is responsible for finding an eligible private provider or public school to admit the child in the VPK program and that the COALITION shall not assign children to providers or schools. 23. The PROVIDER agrees that, upon deciding to admit a child in the VPK program, the PROVIDER shall notify the COALITION or the COALITION's contractor of the enrollment in accordance with procedures of the COALITION and the Agency for Workforce Innovation. The PROVIDER understands that it shall not be paid for a child who is not enrolled with the COALITION. 24. The PROVIDER understands that it may deliver the VPK program for children who reside in a Florida county other than the Florida county where the PROVIDER is located. 25. The PROVIDER agrees to follow the Agency for Workforce Innovation's procedures for delayed enrollments (i.e., enrolling a child in the VPK program after part of the program instruction has been delivered for other children in the child's VPK class *). VII. CHILD ATTENDANCE AND DISCIPLINE 26. The PROVIDER agrees that, in accordance with section 1002.71(6)(a), Florida Statutes, the PROVIDER shall provide a copy of its attendance policy in writing to the parent or guardian of each child upon enrollment of the child In the VPK program. 27. The PROVIDER agrees that, if it removes (e.g., dismisses) a child from the VPK program, the PROVIDER shall, in accordance with the COALITION's procedures, submit to the COALITION or the COALITION's contractor documentation specifying reasons for removing the child from the program. The PROVIDER understands that, until the PROVIDER submits to the COALITION or the COALITION's contractor documentation specifying reasons for removing the child, the COALITION may withhold payment of funds for all children that the PROVIDER serves in the VPK program. 28. The PROVIDER agrees to document, in accordance with procedures of the COALITION and the Agency for Workforce Innovation, the daily attendance of each child enrolled with the PROVIDER in the VPK program. 29. The PROVIDER understands that, in accordance with section 1002.71(6)(b)2., Florida Statutes, the parent or guardian of each child in the VPK program must verify, each month, the child's attendance on the prior month's certified child attendance. The PROVIDER agrees, in accordance with procedures of the COALITION and the Agency for Workforce Innovation, to collect from each child's parent or guardian Form AWI -VPK 03S or Form AWI -VPK 03L (Student Attendance and Parental Choice Certificate) signed by the parent or guardian. The PROVIDER agrees to keep each original signed form for at least 2 years in accordance with section 1002.71(6)(b)3., Florida Statutes. VIII. NONDISCRIMINATION 30. 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 VPK program, on the ground of race, color, or national origin. *.AWI policies and procedures may be viewed at: httP.// www. floridajobs .org/earty/earning//MP/.htm/. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 4 of 9 Agenda Item No. 161D3 May 11, 2010 Page 7 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekinder arten Education Program 31. The PROVIDER understands that, in accordance with section 1002.71(8)(a), Florida Statutes, the PROVIDER may not require payment of a fee or charge for services provided for a child in the VPK program during instructional hours reported for funding. 32. The PROVIDER understands that, in accordance with section 1002.71(8)(b), Florida Statutes, the PROVIDER may 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. IX. COMPENSATION / FUNDING 33. The PROVIDER understands that, in accordance with section 1002.71(5)(b), Florida Statutes, the PROVIDER shall receive a prepayment each month based on the PROVIDER's child enrollment in the VPK program. The PROVIDER understands that prepayments shall be reconciled and adjusted based on actual child attendance in the program in accordance with the Agency for Workforce Innovation's uniform attendance policy.` The PROVIDER further understands that, if the PROVIDER and the COALITION mutually agree in writing, instead of receiving prepayments, the PROVIDER shall receive a payment each month based on reimbursement for actual child attendance in the program. 34. The PROVIDER shall return to the COALITION any overpayment due to unearned funds or as result of error or funds disallowed under this Agreement. If the PROVIDER discovers an overpayment, the PROVIDER shall repay the overpayment within the timeframe specified by the COALITION without prior notification from the COALITION. If the COALITION discovers an overpayment, the COALITION shall notify the PROVIDER of the overpayment by mail. If repayment is not made by the date specified by the COALITION, the COALITION is entitled to withhold funds from the next month's prepayment or payment. 35. The PROVIDER agrees that, if the end-of-year reconciliation results in a deficiency, the COALITION may withhold funds from any payments, including school readiness, owed to the PROVIDER to cover the deficiency. If the PROVIDER ceases to deliver the VPK program, the PROVIDER agrees to return the deficient funds. If the PROVIDER fails to return the deficient funds, the PROVIDER is subject to collection efforts. 36. The PROVIDER understands that, in accordance with section 1002.71, Florida Statutes, payments for a child shall not exceed funding for one full -time equivalent (FTE) child. The PROVIDER further understands that, in accordance with section 1002.71(3)(b), Florida Statutes, an FTE child is calculated annually by multiplying the base child allocation provided in the General Appropriations Act by the county's district cost differential provided in section 1011.62(2), Florida Statutes. 37. The PROVIDER agrees to follow all payment procedures adopted by the COALITION and the Agency for Workforce Innovation. 38. If the PROVIDER is a Head Start Agency, the PROVIDER understands that, in accordance with federal law, the PROVIDER's Head Start programs must be "in addition to, and not in substitution for, comparable services previously provided without Federal assistance" (Title 42, United States Code, section 9835(c)). 39. If the PROVIDER receives federal funds under Title 20, United States Code, sections 6311 -6322 (Title 1), the PROVIDER understands that, in accordance with federal law, the PROVIDER may "use [those Title 1] Federal funds to supplement, [but] not [to] supplant non - Federal funds" (Title 20, United States Code, section 6314(a)(3)(B)). X. NOTIFICATION 40. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for completing the class transfer of a child. AWI policies and procedures may be viewed at: httP.// www. tloridajobs .org/earlylearning//MPl.html. AIM -VPK 20 (02/14/2007) Statewide Provider Agreement Page 5 of 9 Agenda Item No. 16D3 May 11, 2010 Page 8 of 10 Agency for Workforce lnnovaton — Office of Early Learning Voluntary Prekindergarten Education Program 41. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for submitting written documentation given to the PROVIDER describing a child's absences for "good cause." 42 The PROVIDER agrees that it shall follow the requirements adopted by the COALITION for notifying the COALITION of all changes in VPK class schedules. 43. The PROVIDER agrees that it shall follow the requirements adopted by the COALITION for notifying the COALITION of all changes in prekindergarten instructors and prekindergarten directors. 44. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for submitting written documentation demonstrating the temporary closure of the PROVIDER's VPK site which is beyond the PROVIDER's control. 45. The PROVIDER understands that failure to follow the COALITION's notification requirements is noncompliance with this Agreement and may result in corrective action under Paragraph 52. 46. Each of the COALITION's notification requirements described in Paragraphs 40-45 is listed in Attachment and is part of this Agreement. XI. MAINTENANCE OF RECORDS / CONFIDENTIALITY 47. The PROVIDER agrees that it shall keep all VPK records of a child (except as allowed in Paragraph 29) for at least 3 years after the child's last day of attendance, and records of a prekindergarten instructor or prekindergarten director for at least 3 years after the employee's last day of employment (except as required by the Agency for Workforce Innovation's procedures*) 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. 48. The PROVIDER understands that, in accordance with section 1002.72, Florida Statutes, records of children enrolled in the VPK program are confidential. The PROVIDER shall keep all VPK 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. 49. The PROVIDER understands that a parent of a VPK child has the right to Inspect and review the individual records of his or her child and obtain a copy of the records. XII. COMPLIANCE VERIFICATION 50. The PROVIDER shall permit the COALITION, the COALITION's contractor, or the Agency for Workforce Innovation, at any reasonable time, to enter the PROVIDER's VPK program site to verify the PROVIDER's compliance with this Agreement and with the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation. This paragraph does not authorize the COALITION to enforce licensing requirements under sections 402.301 - 402.319, Florida Statutes, or impose any requirement beyond this Agreement and the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures. 51. The PROVIDER shall allow the COALITION, the COALITION's contractor, or the Agency for Workforce Innovation, to inspect and copy the records maintained by the PROVIDER concerning the VPK program, prekindergarten instructors, prekindergarten directors, and VPK children. 52. The COALITION may require the PROVIDER to submit corrective action plans for noncompliance under this Agreement. * AWI policies and procedures may be viewed at: http. /lwwwfloridajobs org/eanry /earning //MPl.html. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 6 of 9 Agenda Item No. 161D3 May 11, 2010 Page 9 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program 53. The PROVIDER's noncompliance with any term in this Agreement may result in the COALITION withholding funds. 54. The COALITION shall notify the PROVIDER in writing of any financial penalties. The COALITION may deduct the amount of the penalty from invoices submitted by the PROVIDER. XIII. TERMINATION 55. The PROVIDER and the COALITION 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 VPK program, at least 30 calendar days before the termination date. 56. If the PROVIDER withdraws as a provider from the VPK program, the PROVIDER must give notice to the COALITION or the COALITION's contractor, and alternative arrangements for uninterrupted services shall be made for children enrolled with the PROVIDER in the VPK program, at least 30 calendar days before the termination date. 57. If the PROVIDER fails to comply with all terms and conditions of this Agreement and with all requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation,* the COALITION shall notify the PROVIDER in writing and give the PROVIDER a period to comply, which period must be at least 10 days and shall be specified by the COALITION. If the PROVIDER does not comply within the period given, the COALITION may terminate this Agreement. 58. If funds required to finance this Agreement become unavailable, the COALITION 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 is the final authority as to the availability of funds. The COALITION shall not reallocate funds earmarked for this Agreement to another program, thereby causing the "lack of funds." In the event of termination of this Agreement, the PROVIDER shall be paid for the instructional hours completed through the termination date. 59. 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 has no further liability to the PROVIDER beyond payment for the instructional hours completed through the termination date. XIV. DISPUTE RESOLUTION 60. The PROVIDER agrees to submit any disputes or disagreements concerning this Agreement in writing to the COALITION or the COALITION's contractor. The COALITION 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 agrees to allow the PROVIDER to bring the dispute or disagreement before a quorum of the membership of the COALITION or a standing committee of the coalition composed exclusively of voting members for a final decision. * AWI policies and procedures may be viewed at: http. / /www loridajobs.org /eary /earn ng11MP1. htm/ AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 7 of 9 Agenda Item No. 161D3 May 11, 2010 Page 10 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program XVIII. EXECUTION OF AGREEMENT ed as to form & legal sufficiency The P ER hills yuspd t ' Agree nt to be executed as of the date set forth in Paragraph _ VJ Colleen Greene Assistant County Attorney Signature of Director / Operator / Principal Print Name or Authorized Representative _CkAAti,MAN Title 0 tam 0 Z a STATE OF FLORIDA COUNTY OF Date THE FOREGOING was acknowledged before me this day of 20 , by ATTEST.. DWIGHT W .15MCK• rA4W -, A. By; who is personally known to as identification, and who did not take an oath WITNESS my hand and official seal in the County and State set forth above. NOTARY PUBLIC The COALITION has caused this Agreement to be executed as of the date set forth in Paragraph 1. Signature of Coalition Executive Director or Authorized Representative Director of Provider Services Title 0 0 Z a STATE OF FLORIDA COUNTY OF Melanie Holaway Print Name Date THE FOREGOING was acknowledged before me this day of M . M .1.7spo.i IW 20 by who is personally known to me /presented as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State set forth above. NOTARY PUBLIC A1M -VPK 20 (02/14/2007) Statewide Provider Agreement Page 9 of 9 Agenda Item No. 161D3 May 11, 2010 STATE OF FLORIDA 16D3 VOLUNTARY PREKINDERGARTEN Agency for workforce! EDUCATION PROGRAM STATEWIDE PROVIDER AGREEMENT I. PARTIES 1. THIS AGREEMENT is made and entered into this /—I' day of Mao 2010 , by and between the Early Learning Coalition of Southwest Florida with its principal offices located at 5256 Summerlin Commons Way, Fort Myers, FL (hereinafter referred to as "COALITION ") and with its principal offices located at LZr (hereinafter referred to as "PROVIDER "). 3� /D q II. TERM OF AGREEMENT 2. This Agreement applies to the 2010 _2011 VPK o r m year including the 20 10 -20 11 1 school year and summer 201, programs. This Agreement shall begin on 0 or on the date on which the Agreement is signed by the last party required to sign the Agreement, whicheve occurs last, and expires upon completion of all of the PROVIDER's VPK programs (i.e., school -year program, summer program, or both programs) or August 31, 20 11 whichever occurs first. The COALITION is not obligated to pay for costs incurred by the PROVIDER before the Agreement's beginning date or after its ending date. 3. The PROVIDER must complete and sign a new Agreement each subsequent program year to remain eligible to deliver the VPK program. Ill. PROVIDER ELIGIBILITY 4. The PROVIDER certifies that it has registered with the COALITION by completing and submitting to the COALITION or the COALITION's contractor the Statewide Provider Registration Application (Form AWI -VPK 10) and Class Registration Application (Form AWI -VPK 11). If any information submitted in any of these applications changes, the PROVIDER agrees to notify in writing the COALITION or the COALITION's contractor 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 within 10 calendar days before the change. In addition, whenever a signatory to the executed Agreement changes, a new Agreement must be executed. 6. The COALITION has reviewed the applications submitted by the PROVIDER and, based on the information submitted, has determined that the PROVIDER is eligible to deliver the VPK program during the program year specified in Paragraph 2. 7. Although the COALITION has determined that the PROVIDER is eligible to deliver the VPK program, the PROVIDER understands that the COALITION has an ongoing duty to verify the PROVIDER's compliance with the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation. Form Statewide Provider Agreement AWI -VPK 20 (02/14/2007) Page 1 of 9 16D3Agenda Item No. 16D3 May 11, 2010 Page 5 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program 15. The PROVIDER agrees that each of its VPK classes in a school -year (540 instructional hours) program under section 1002.55, Florida Statutes, or section 1002.63, Florida Statutes, if applicable, shall have for each class at least one of the following instructors: a. A prekindergarten instructor who: i. Holds a child development associate (CDA) credential issued by the National Credentialing Program of the Council for Professional Recognition or a credential approved by the Florida Department of Children and Family Services under section 1002.55(3)(c)1.b., Florida Statutes, as being equivalent to the national CDA credential; and ii. Has completed a training course approved by the Florida Department of Education under section 1002.59, Florida Statutes, in emergent literacy (if completed on or after October 1, 2005) or has completed training approved by the Florida Department of Children and Family Services under section 402.305(2)(d)5., Florida Statutes, section 402.316(6), Florida Statutes, or section 402.3131(5), Florida Statutes, in early literacy and language development (if completed before October 1, 2005); or b. A prekindergarten instructor who holds one of the educational credentials (i.e., associate's or higher degree) listed in section 1002.55(4), Florida Statutes, or an educational credential approved by the Florida Department of Education under section 1002.55(4)(e), Florida Statutes, as being equivalent to or greater than those educational credentials. In addition, the PROVIDER agrees that, for each VPK class composed of 11 or more children (see Paragraph 9a), the PROVIDER shall have a second adult prekindergarten instructor who meets the requirements provided in Paragraph 14 but who is not required to have the credentials or training required in this paragraph. 16. The PROVIDER agrees that each of its VPK classes in the summer (300 instructional hours) program under section 1002.61, Florida Statutes, if applicable, shall have for each class at least one prekindergarten instructor who: a. Is a certified teacher, or b. Holds one of the educational credentials (i.e., bachelor's or higher degree) listed in section 1002.55(4)(a) or (b), Florida Statutes. 17. The PROVIDER acknowledges that each private provider is required to have a prekindergarten director who has a director credential. The PROVIDER understands that the director must have one of the following director credentials: a. A child care facility director credential approved by the Florida Department of Children and Family Services under section 402.305(2)(f), Florida Statutes; and b. A VPK director endorsement approved by the Florida Department of Education under section 1002.57, Florida Statutes (if the child care facility director credential is issued after December 31, 2006). V. PROGRAM PERFORMANCE AND PROBATION 18. The PROVIDER understands that, in accordance with section 1002.69(5), Florida Statutes, the Florida Department of Education shall annually calculate each provider's kindergarten readiness rate, expressed as the percentage of VPK children who are assessed as ready for kindergarten. The kindergarten readiness rate shall be based exclusively on the results of the statewide kindergarten screening for children completing the VPK program. 19. The PROVIDER understands that, in accordance with section 1002.67(3)(c)1., Florida Statutes, if the PROVIDER's kindergarten readiness rate falls below the minimum rate adopted by the State Board of Education as satisfactory, the PROVIDER is required to submit for approval, and implement, an improvement plan. 20. The PROVIDER understands that, in accordance with section 1002.67(3)(c)2., Florida Statutes, if the PROVIDER's kindergarten readiness rate falls below the minimum satisfactory rate for 2 consecutive years, the PROVIDER shall be placed on probation and be required to take certain corrective actions for the VPK program, including, but not limited to, the use of a curriculum approved by the Florida Department of Education. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 3 of 9 Agenda Item No. 16D3 May 11, 2010 Page 6 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program VI. CHILD ELIGIBILITY AND ENROLLMENT 1603 21. The PROVIDER understands that the COALITION or the COALITION's contractor shall determine the eligibility of children for enrollment in the VPK Program and shall issue to each eligible child a Certificate of Eligibility (Form AWI -VPK 02 or substantially similar form). The PROVIDER agrees that it shall not admit a child in the VPK program unless the child has been determined eligible for the program by the COALITION or the COALITION's contractor. 22. The PROVIDER understands that each child's parent or guardian is responsible for finding an eligible private provider or public school to admit the child in the VPK program and that the COALITION shall not assign children to providers or schools. 23. The PROVIDER agrees that, upon deciding to admit a child in the VPK program, the PROVIDER shall notify the COALITION or the COALITION's contractor of the enrollment in accordance with procedures of the COALITION and the Agency for Workforce Innovation. The PROVIDER understands that it shall not be paid for a child who is not enrolled with the COALITION. 24. The PROVIDER understands that it may deliver the VPK program for children who reside in a Florida county other than the Florida county where the PROVIDER is located. 25. The PROVIDER agrees to follow the Agency for Workforce Innovation's procedures for delayed enrollments (i.e., enrolling a child in the VPK program after part of the program instruction has been delivered for other children in the child's VPK class *). VII. CHILD ATTENDANCE AND DISCIPLINE 26. The PROVIDER agrees that, in accordance with section 1002.71(6)(a), Florida Statutes, the PROVIDER shall provide a copy of its attendance policy in writing to the parent or guardian of each child upon enrollment of the child in the VPK program. 27. The PROVIDER agrees that, if it removes (e.g., dismisses) a child from the VPK program, the PROVIDER shall, in accordance with the COALITION's procedures, submit to the COALITION or the COALITION's contractor documentation specifying reasons for removing the child from the program. The PROVIDER understands that, until the PROVIDER submits to the COALITION or the COALITION's contractor documentation specifying reasons for removing the child, the COALITION may withhold payment of funds for all children that the PROVIDER serves in the VPK program. 28. The PROVIDER agrees to document, in accordance with procedures of the COALITION and the Agency for Workforce Innovation, the daily attendance of each child enrolled with the PROVIDER in the VPK program. 29. The PROVIDER understands that, in accordance with section 1002.71(6)(b)2., Florida Statutes, the parent or guardian of each child in the VPK program must verify, each month, the child's attendance on the prior month's certified child attendance. The PROVIDER agrees, in accordance with procedures of the COALITION and the Agency for Workforce Innovation, to collect from each child's parent or guardian Form AWI -VPK 03S or Form AWI -VPK 03L (Student Attendance and Parental Choice Certificate) signed by the parent or guardian. The PROVIDER agrees to keep each original signed form for at least 2 years in accordance with section 1002.71(6)(b)3., Florida Statutes. VIII. NONDISCRIMINATION 30. 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 VPK program, on the ground of race, color, or national origin. * AWI policies and procedures may be viewed at: http.// www. f/ oridajobs .org/earlylearning//MP/.htm/. Avvl -VPK 20 (02/14/2007) Statewide Provider Agreement Page 4 of 9 1 6 D 3 Agenda item No. 16D3 May 11, 2010 Page 7 of 10 Agency for Workforce Innovation — Office of Early Leaming Voluntary Prekindergarten Education Program 31. The PROVIDER understands that, in accordance with section 1002.71(8)(a), Florida Statutes, the PROVIDER may not require payment of a fee or charge for services provided for a child in the VPK program during instructional hours reported for funding. 32. The PROVIDER understands that, in accordance with section 1002.71(8)(b), Florida Statutes, the PROVIDER may 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. IX. COMPENSATION I FUNDING 33. The PROVIDER understands that, in accordance with section 1002.71(5)(b), Florida Statutes, the PROVIDER shall receive a prepayment each month based on the PROVIDER's child enrollment in the VPK program. The PROVIDER understands that prepayments shall be reconciled and adjusted based on actual child attendance in the program in accordance with the Agency for Workforce Innovation's uniform attendance policy.* The PROVIDER further understands that, if the PROVIDER and the COALITION mutually agree in writing, instead of receiving prepayments, the PROVIDER shall receive a payment each month based on reimbursement for actual child attendance in the program. 34. The PROVIDER shall return to the COALITION any overpayment due to unearned funds or as result of error or funds disallowed under this Agreement. If the PROVIDER discovers an overpayment, the PROVIDER shall repay the overpayment within the timeframe specified by the COALITION without prior notification from the COALITION. If the COALITION discovers an overpayment, the COALITION shall notify the PROVIDER of the overpayment by mail. If repayment is not made by the date specified by the COALITION, the COALITION is entitled to withhold funds from the next month's prepayment or payment. 35. The PROVIDER agrees that, if the end -of -year reconciliation results in a deficiency, the COALITION may withhold funds from any payments, including school readiness, owed to the PROVIDER to cover the deficiency. If the PROVIDER ceases to deliver the VPK program, the PROVIDER agrees to return the deficient funds. If the PROVIDER fails to return the deficient funds, the PROVIDER is subject to collection efforts. 36. The PROVIDER understands that, in accordance with section 1002.71, Florida Statutes, payments for a child shall not exceed funding for one full -time equivalent (FTE) child. The PROVIDER further understands that, in accordance with section 1002.71(3)(b), Florida Statutes, an FTE child is calculated annually by multiplying the base child allocation provided in the General Appropriations Act by the county's district cost differential provided in section 1011.62(2), Florida Statutes. 37. The PROVIDER agrees to follow all payment procedures adopted by the COALITION and the Agency for Workforce Innovation. 38. If the PROVIDER is a Head Start Agency, the PROVIDER understands that, in accordance with federal law, the PROVIDER's Head Start programs must be "in addition to, and not in substitution for, comparable services previously provided without Federal assistance" (Title 42, United States Code, section 9835(c)). 39. If the PROVIDER receives federal funds under Title 20, United States Code, sections 6311 -6322 (Title I), the PROVIDER understands that, in accordance with federal law, the PROVIDER may "use [those Title 11 Federal funds to supplement, [but] not [to] supplant non - Federal funds" (Title 20, United States Code, section 6314(a)(3)(13)). X. NOTIFICATION 40. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for completing the class transfer of a child. * AWI policies and procedures may be viewed at: 11ttp. llwww. flor ldajobs.orglearlylearning/IMPI html. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 5 of 9 1603 Agenda It No. 16D3 May 11, 2010 Page 8 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program 41. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for submitting written documentation given to the PROVIDER describing a child's absences for "good cause." 42 The PROVIDER agrees that it shall follow the requirements adopted by the COALITION for notifying the COALITION of all changes in VPK class schedules. 43. The PROVIDER agrees that it shall follow the requirements adopted by the COALITION for notifying the COALITION of all changes in prekindergarten instructors and prekindergarten directors. 44. The PROVIDER agrees that it shall follow the notification requirements adopted by the COALITION for submitting written documentation demonstrating the temporary closure of the PROVIDER's VPK site which is beyond the PROVIDER's control. 45. The PROVIDER understands that failure to follow the COALITION's notification requirements is noncompliance with this Agreement and may result in corrective action under Paragraph 52. 46. Each of the COALITION's notification requirements described in Paragraphs 40-45 is listed in Attachment and is part of this Agreement. XI. MAINTENANCE OF RECORDS ! CONFIDENTIALITY 47. The PROVIDER agrees that it shall keep all VPK records of a child (except as allowed in Paragraph 29) for at least 3 years after the child's last day of attendance, and records of a prekindergarten instructor or prekindergarten director for at least 3 years after the employee's last day of employment (except as required by the Agency for Workforce Innovation's procedures *) 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. 48. The PROVIDER understands that, in accordance with section 1002.72, Florida Statutes, records of children enrolled in the VPK program are confidential. The PROVIDER shall keep all VPK 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. 49. The PROVIDER understands that a parent of a VPK child has the right to inspect and review the individual records of his or her child and obtain a copy of the records. XII. COMPLIANCE VERIFICATION 50. The PROVIDER shall permit the COALITION, the COALITION's contractor, or the Agency for Workforce Innovation, at any reasonable time, to enter the PROVIDER's VPK program site to verify the PROVIDER's compliance with this Agreement and with the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation. This paragraph does not authorize the COALITION to enforce licensing requirements under sections 402.301- 402.319, Florida Statutes, or impose any requirement beyond this Agreement and the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures. 51. The PROVIDER shall allow the COALITION, the COALITION's contractor, or the Agency for Workforce Innovation, to inspect and copy the records maintained by the PROVIDER concerning the VPK program, prekindergarten instructors, prekindergarten directors, and VPK children. 52. The COALITION may require the PROVIDER to submit corrective action plans for noncompliance under this Agreement. * AWI policies and procedures may be viewed at: http:// www. floridajob s.org/earty/earning/ /MP1..html. AWl -VPK 20 (02/14/2007) Statewide Provider Agreement Page 6 of 9 1603 Agenda Item No. 16D3 May 11, 2010 Page 9 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program 53. The PROVIDER's noncompliance with any term in this Agreement may result in the COALITION withholding funds. 54. The COALITION shall notify the PROVIDER in writing of any financial penalties. The COALITION may deduct the amount of the penalty from invoices submitted by the PROVIDER. XIII. TERMINATION 55. The PROVIDER and the COALITION 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 VPK program, at least 30 calendar days before the termination date. 56. If the PROVIDER withdraws as a provider from the VPK program, the PROVIDER must give notice to the COALITION or the COALITION's contractor, and alternative arrangements for uninterrupted services shall be made for children enrolled with the PROVIDER in the VPK program, at least 30 calendar days before the termination date. 57. If the PROVIDER fails to comply with all terms and conditions of this Agreement and with all requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation,* the COALITION shall notify the PROVIDER in writing and give the PROVIDER a period to comply, which period must be at least 10 days and shall be specified by the COALITION. If the PROVIDER does not comply within the period given, the COALITION may terminate this Agreement. 58. If funds required to finance this Agreement become unavailable, the COALITION 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 is the final authority as to the availability of funds. The COALITION shall not reallocate funds earmarked for this Agreement to another program, thereby causing the 'Tack of funds." In the event of termination of this Agreement, the PROVIDER shall be paid for the instructional hours completed through the termination date. 59. 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 has no further liability to the PROVIDER beyond payment for the instructional hours completed through the termination date. XIV. DISPUTE RESOLUTION 60. The PROVIDER agrees to submit any disputes or disagreements concerning this Agreement in writing to the COALITION or the COALITION's contractor. The COALITION 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 agrees to allow the PROVIDER to bring the dispute or disagreement before a quorum of the membership of the COALITION or a standing committee of the coalition composed exclusively of voting members for a final decision. * AWI policies and procedures may be viewed at: http.// www. tloridajobs .org/earlylearning//MPl.html. AWI -VPK 20 (02/14/2007) Statewide Provider Agreement Page 7 of 9 1603Agenda Item No. 16D3 May 11, 2010 Page 10 of 10 Agency for Workforce Innovation — Office of Early Learning Voluntary Prekindergarten Education Program XVIII. EXECUTION OF AGREEMENT r ed as to form & legal sufficiency The PIS ER s u d t ' Agree nt to be executed as of the date set forth in Paragraph ! ;�. Colleen Greene, Assistant County Attomey Signature of Director / Operator / Principal Print Name or Authorized Representative C�AA%4,(v%Ajq aldpolo Title Date ATTEST:: DWIGHT g B�dt�CK,° Clerk -}r O STATE OF FLORIDA w COUNTY OF gy `_r x 00 THE FOREGOING was acknowledged before me this day of 20 , by who is personally known to /Rarcr'se� a 0 as identification, and who did not take an oath. ZWITNESS my hand and official seal in the County and State set forth above. a r NOTARY PUBLIC this Agreement to be executed as of the date set forth in Paragraph 1. Sitjndure'of Cofalition Executive Dire or or Authorized Representative Director of Provider Se ices Title n 0 Z a STATE OF FLORIDA COUNTY OF Melanie Holaway Print Name "Id o Dode THE FOREGOING was acknowledged before me this day of 20 , by who is personally known to me /presented as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State set forth above. NOTARY PUBLIC Avvl -VPK 20 (02/14/2007) Statewide Provider Agreement Page 9 of 9