Common use of Specific Performance Requirements Clause in Contracts

Specific Performance Requirements. 3.1 The provider shall maintain a valid child care license through the Missouri Department of Health and Senior Services/Section for Child Care Regulation (DHSS/SCCR) throughout the entire agreement period. The provider shall notify the Department within two (2) business days if DHSS/SCCR takes any action to suspend/revoke or refuse to renew their license for any reason during the agreement period. The provider shall comply with all licensing rules as established by DHSS/SCCR, and all rules and regulations established by the Department. In the event the DHSS/SCCR takes action to suspend/revoke the provider’s license, the Department reserves the right to terminate the provider’s agreement pursuant to Code of State Regulations, Title 13, Division 35, Chapter 32 – Child Care (13 CSR 35-32) , regardless of whether the provider appeals the decision of the DHSS/SCCR. 3.2 The provider shall comply with Code of State Regulations, Title 13, Division 35, Chapter 32 – Child Care (13 CSR 35-32), as applicable. 3.3 The provider shall notify the Department in writing at least thirty (30) calendar days in advance of any changes in the program that will affect the quality, extent, timelines, or frequency of services delivered under the terms of this agreement and further agrees that no such changes shall be implemented without the prior written consent of the Department. The Department shall not be required to make payment for services rendered according to such changes unless the Department has agreed to the changes in writing prior to their delivery. 3.4 The provider shall submit an Operating Agreement if they are a Limited Liability Company (LLC). The provider shall submit revised Operating Agreements at least ten (10) calendar days prior the effective date of the change, as necessary. 3.5 Child care providers must report the following changes to the Department in writing within ten (10) business days: physical address, mailing address, telephone number, email address, or any other circumstance, incident, or occurrence that would alter any information provided in the child care provider’s original application for contract. 3.6 The provider and all staff shall register with the Department’s designated professional development registry and secure a professional development identifier to complete and track required trainings. The licensed child care provider and all staff shall be compliant with 13 CSR 35-32.090 (1)(D). Child care provider shall attend annual training as approved by the Department and provide documentation of the successful completion of all training to the Department through the Department’s designated professional development registry. 3.7 The provider shall track verification of completed trainings through The Department’s designated professional development registry. The provider shall register and maintain current registration and training records for all current staff in the professional development registry. 3.8 The provider must provide all child care services at the physical location specified on the DHSS/SCCR license. 3.9 Child care provider and staff shall not be engaged in other employment while providing child care services; 3.10 The provider shall accept and care for no more than the number of children specified in their child care license. The provider shall not service or invoice the Department for the care of any children in excess of the number specified in the license issued by DHSS/SCCR. 3.11 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, xxxxxx, or any child included in the provider’s personal eligibility unit or an agreement with the Department to provide resource parent services. This includes an owner and any managing members included on the operating agreement of a child care facility that the owner’s children attend, no matter who is responsible for the direct care of the children. 3.12 The provider shall not be authorized or paid for the provision of services to an employee’s children, if the employee is eligible for Child Care Subsidy and providing direct care to his/her own children. 3.13 The provider shall report to the Child Abuse/Neglect Hotline (0-000-000-0000) any instances of child abuse or neglect pursuant to state law (Section 210.115, RSMo). 3.14 The provider shall allow custodial parents or legal guardians to have unlimited access to their children while the children are in care. 3.15 Child care provider shall notify all custodial parents and legal guardians of the child care provider’s following information: a. Telephone number; b. Discipline policy; and c. Emergency preparedness and response plan; 3.16 The provider shall refer families to Child Care Aware® of Missouri to find alternative child care arrangements in the event the provider is no longer able to provide child care services. Child Care Aware® of Missouri may be contacted online at xxx.xx.xxxxxxxxxxxxxx.xxx or by calling 0-000-000-0000. 3.17 The provider shall maintain records pursuant to 13 CSR 35-32.130. The provider shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of this agreement. The provider shall make all such records available to the Department or its designated representatives for a period of five (5) calendar years following the expiration date of this agreement. The provider shall, in addition, keep the records for such additional time periods that the Department may request for audit or litigation purposes. a. Adequate verification and full documentation shall mean that the provider’s records are such that: 1. An orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the provider’s services were, in fact, provided; and 2. Each service is verified by contemporaneous certification by the recipient of each service, to include when the service was provided, the extent of each service, all amounts received in payment by provider, to whom the service was provided, the extent or duration of services, and the authorization thereof. b. The required records, at a minimum, shall consist of but are not limited to the categories and/or documents set forth below in subparagraph c.1. c. The provider shall utilize the Child Care Business Information Solution (CCBIS), as required in the Invoicing and Payment Section. A document that certifies attendance for each day a claim is made under this agreement will be required until the child care provider is able to utilize the CCBIS. The CS-109 form may be used as the certification document and found at: xxxx://xxx.xx.xxx/cd/info/forms/. At a minimum, the certification of services provided must contain the following information: 1. The name of each child for whom reimbursement is requested; 2. The date(s) each child was in attendance and each child’s time of arrival and departure; 3. The original signature of the parent or adult designee certifying the attendance of the child (the designee may not be an employee; unless the employee is a sponsor, or operator of the child care facility); and 4. The original signature of the provider or provider designee. 3.18 The Department has the right to recover from the provider all funds for which adequate verification and full documentation of services are not maintained (i.e. inadequate or lack of attendance records). 3.19 The Department has the right to recover any overpayments found during the course of an audit or other review by recoupment, repayment, or any other collection method allowed by law or Department policy.

Specific Performance Requirements. 3.1 The provider shall maintain a valid child care license through the Missouri Department of Health and Senior Services/Section for Child Care Regulation (DHSS/SCCR) throughout the entire agreement period. The provider shall notify the Department within two (2) business days if DHSS/SCCR takes any action to suspend/revoke or refuse to renew their license for any reason during the agreement period. The provider shall comply with all licensing rules as established by DHSS/SCCR, and all rules and regulations established by the Department. In the event the DHSS/SCCR takes action to suspend/revoke the provider’s license, the Department reserves the right to terminate the provider’s agreement pursuant to Code of State Regulations, Title 13, Division 35, Chapter 32 – Child Care (13 CSR 35-32) agreement, regardless of whether the provider appeals the decision of the DHSS/SCCR. All child care services must be provided at the physical location as specified on the DHSS/SCCR license. 3.2 The provider and staff shall comply with Code complete all trainings required by the Department within the timeframes outlined by the Department. Pediatric First Aid/Cardiopulmonary Resuscitation training must be from a DSS approved national model, shall be current, and maintained current. Verification of State Regulations, Title 13, Division 35, Chapter 32 – Child Care completed trainings shall be tracked through Opportunities in a Professional Education Network (13 CSR 35-32OPEN), as applicable. The provider shall register and maintain current registration in OPEN. 3.3 The provider shall accept and care for no more than the number of children specified in their child care license. The provider shall not service or invoice the Department for the care of any children in excess of the number specified in the license issued by DHSS/SCCR. 3.4 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, xxxxxx or any child within the provider’s care, custody and control. This includes an owner and any managing members included on the operating agreement of a child care facility which the owner’s children attend, no matter who is responsible for the direct care of the children. 3.5 The provider shall notify the Department in writing at least thirty (30) calendar days in advance of any changes in the program that will affect the quality, extent, timelines, or frequency of services delivered under the terms of this agreement and further agrees that no such changes shall be implemented without the prior written consent of the Department. The Department shall not be required to make payment for services rendered according to such changes unless the Department has agreed to the changes in writing prior to their delivery. 3.4 The provider shall submit an Operating Agreement if they are a Limited Liability Company (LLC). The provider shall submit revised Operating Agreements at least ten (10) calendar days prior the effective date of the change, as necessary. 3.5 Child care providers must report the following changes to the Department in writing within ten (10) business days: physical address, mailing address, telephone number, email address, or any other circumstance, incident, or occurrence that would alter any information provided in the child care provider’s original application for contract. 3.6 The provider and all staff shall register with the Department’s designated professional development registry and secure a professional development identifier to complete and track required trainings. The licensed child care provider and all staff shall be compliant with 13 CSR 35-32.090 (1)(D). Child care provider shall attend annual training as approved by the Department and provide documentation of the successful completion of all training to the Department through the Department’s designated professional development registry. 3.7 The provider shall track verification of completed trainings through The Department’s designated professional development registry. The provider shall register and maintain current registration and training records for all current staff in the professional development registry. 3.8 The provider must provide all child care services at the physical location specified on the DHSS/SCCR license. 3.9 Child care provider and staff shall not be engaged in other employment while providing child care services; 3.10 The provider shall accept and care for no more than the number of children specified in their child care license. The provider shall not service or invoice the Department for the care of any children in excess of the number specified in the license issued by DHSS/SCCR. 3.11 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, xxxxxx, or any child included in the provider’s personal eligibility unit or an agreement with the Department to provide resource parent services. This includes an owner and any managing members included on the operating agreement of a child care facility that the owner’s children attend, no matter who is responsible for the direct care of the children. 3.12 The provider shall not be authorized or paid for the provision of services to an employee’s children, if the employee is eligible for Child Care Subsidy and providing direct care to his/her own children. 3.13 The provider shall report to the Child Abuse/Neglect Hotline (0-000-000-0000) any instances of child abuse or neglect pursuant to state law (Section 210.115, RSMo). 3.14 The provider shall allow custodial parents or legal guardians to have unlimited access to their children while the children are in care. 3.15 Child care provider shall notify all custodial parents and legal guardians of the child care provider’s following information: a. Telephone number; b. Discipline policy; and c. Emergency preparedness and response plan; 3.16 The provider shall refer families to Child Care Aware® of Missouri to find alternative child care arrangements in the event the provider is no longer able to provide child care services. Child Care Aware® of Missouri may be contacted online at xxx.xx.xxxxxxxxxxxxxx.xxx or by calling 0-000-000-0000. 3.17 3.7 The provider shall maintain records pursuant to 13 CSR 35an active mailing and e-32.130. The provider mail address for receipt of notices and correspondence required by this agreement and shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of this agreement. The provider shall make all such records available to notify the Department or its designated representatives for a period in writing of five (5) calendar years following the expiration date of this agreement. The provider shall, in addition, keep the records for such additional time periods that the Department may request for audit or litigation purposes. a. Adequate verification and full documentation shall mean that the provider’s records are such that: 1. An orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the provider’s services were, in fact, provided; and 2. Each service is verified by contemporaneous certification by the recipient of each service, to include when the service was provided, the extent of each service, all amounts received in payment by provider, to whom the service was provided, the extent or duration of services, and the authorization thereof. b. The required records, any address changes at a minimum, shall consist of but are not limited to the categories and/or documents set forth below in subparagraph c.1. c. The provider shall utilize the Child Care Business Information Solution (CCBIS), as required in the Invoicing and Payment Section. A document that certifies attendance for each day a claim is made under this agreement will be required until the child care provider is able to utilize the CCBIS. The CS-109 form may be used as the certification document and found at: xxxx://xxx.xx.xxx/cd/info/forms/. At a minimum, the certification of services provided must contain the following information: 1. The name of each child for whom reimbursement is requested; 2. The date(s) each child was in attendance and each child’s time of arrival and departure; 3. The original signature of the parent or adult designee certifying the attendance of the child (the designee may not be an employee; unless the employee is a sponsor, or operator of the child care facility); and 4. The original signature of the provider or provider designee. 3.18 The Department has the right to recover from the provider all funds for which adequate verification and full documentation of services are not maintained (i.e. inadequate or lack of attendance records). 3.19 The Department has the right to recover any overpayments found during the course of an audit or other review by recoupment, repayment, or any other collection method allowed by law or Department policy.least ten

Specific Performance Requirements. 3.1 The provider shall provide child care services to no more than four (4) unrelated children. 3.2 The provider may provide child care services to related children within the third degree. 3.3 The provider is the sole caregiver of the children in care and will not engage another person to take over the provider duties as the primary caregiver for the time the children are authorized for care to the provider. 3.4 The provider will report all household members to the Department of Social Services and all background screening requirements will be met pursuant to 210.025 RSMo and 13 CSR 35-32.070. When there are new household members during the registration period, the new household members must be reported tothe Department of Social Services and must immediately comply with the background screening requirement. 3.5 The provider shall maintain a valid child care license Certificate of Registration through the Missouri Department of Health and Senior Social Services, Children’s Division (DSS/Section for Child Care Regulation (DHSS/SCCRCD) throughout the entire agreement period. The provider shall notify the Department within two (2) business days if DHSS/SCCR takes any action to suspend/revoke or refuse to renew their license for any reason during the agreement period. The provider shall comply with all licensing rules registration requirements as established by DHSSDSS/SCCRCD, and all rules and regulations established by the DepartmentDepartment as outlined in 13 CSR 00-00-000. In the event the DHSSDSS/SCCR CD takes action to suspend/revoke the provider’s licenseCertificate of Registration, the Department reserves the right to terminate the provider’s agreement pursuant to Code of State Regulations, Title 13, Division 35, Chapter 32 – Child Care (13 CSR 35-32) agreement, regardless of whether the provider appeals the decision of the DHSSrevocation. All child care services must be provided at the physical location as specified on the DSS/SCCRCD Certificate of Registration. 3.2 3.6 The provider shall comply complete all trainings required by the Department within the timeframes outlined by the Department in accordance with Code of State Regulations, Title 13, Division 35, Chapter 32 – Child Care (13 CSR 35-3232.070. Pediatric First Aid/Cardiopulmonary Resuscitation certification must be from a DSS approved national model, shall be current, and maintained current. Verification of completed trainings shall be tracked through Opportunities in a Professional Education Network (OPEN). The provider shall register and maintain current registration in OPEN. 3.7 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, or xxxxxx child(ren). 3.8 The provider shall provide parental access to the parent’s child(ren), as applicablethe provider, and records on the parent’s child(ren) while their child(ren) are incare. 3.3 3.9 Only one provider may maintain a Certificate of Registration at a given address. 3.10 The provider shall notify the Department in writing at least thirty (30) calendar days in advance of any changes in the program that will affect the quality, extent, timelines, or frequency of services delivered under the terms of this agreement and further agrees that no such changes shall be implemented without the prior written consent of the Department. The Department shall not be required to make payment for services rendered according to such changes unless the Department has agreed to the changes in writing prior to their delivery. 3.4 The provider shall submit an Operating Agreement if they are a Limited Liability Company (LLC). The provider shall submit revised Operating Agreements at least ten (10) calendar days prior the effective date of the change, as necessary. 3.5 Child care providers must report the following changes to the Department in writing within ten (10) business days: physical address, mailing address, telephone number, email address, or any other circumstance, incident, or occurrence that would alter any information provided in the child care provider’s original application for contract. 3.6 The provider and all staff shall register with the Department’s designated professional development registry and secure a professional development identifier to complete and track required trainings. The licensed child care provider and all staff shall be compliant with 13 CSR 35-32.090 (1)(D). Child care provider shall attend annual training as approved by the Department and provide documentation of the successful completion of all training to the Department through the Department’s designated professional development registry. 3.7 The provider shall track verification of completed trainings through The Department’s designated professional development registry. The provider shall register and maintain current registration and training records for all current staff in the professional development registry. 3.8 The provider must provide all child care services at the physical location specified on the DHSS/SCCR license. 3.9 Child care provider and staff shall not be engaged in other employment while providing child care services; 3.10 The provider shall accept and care for no more than the number of children specified in their child care license. The provider shall not service or invoice the Department for the care of any children in excess of the number specified in the license issued by DHSS/SCCR. 3.11 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, xxxxxx, or any child included in the provider’s personal eligibility unit or an agreement with the Department to provide resource parent services. This includes an owner and any managing members included on the operating agreement of a child care facility that the owner’s children attend, no matter who is responsible for the direct care of the children. 3.12 The provider shall not be authorized or paid for the provision of services to an employee’s children, if the employee is eligible for Child Care Subsidy and providing direct care to his/her own children. 3.13 The provider shall report to the Child Abuse/Neglect Hotline (0-000-000-0000) any instances of child abuse or neglect pursuant to state law (Section 210.115, RSMo). 3.14 The provider shall allow custodial parents or legal guardians to have unlimited access to their children while the children are in care. 3.15 Child care provider shall notify all custodial parents and legal guardians of the child care provider’s following information: a. Telephone number; b. Discipline policy; and c. Emergency preparedness and response plan; 3.16 The provider shall refer families to Child Care Aware® of Missouri to find alternative child care arrangements in the event the provider is no longer able to provide child care services. Child Care Aware® of Missouri may be contacted online at xxx.xx.xxxxxxxxxxxxxx.xxx or by calling 0-000-000-0000. 3.17 3.12 The provider shall maintain records pursuant an active mailing and e-mail address for receipt of notices and correspondence required by this agreement and shall notify the Department in writing of any change in the provider’s official name, address of record, telephone number, email address, or change in the household members age 17 or older, at least ten (10) calendar days prior to 13 CSR 35-32.130the effective date of the change. A physical address change will immediately terminate a Certificate of Registration and this agreement. 3.13 The provider shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of this agreement. The provider shall make all such records available to the Department or its designated representatives for a period of five (5) calendar years following the expiration date of this agreement. The provider shall, in addition, keep the records for such additional time periods that the Department may request for audit or litigation purposes. a. Adequate verification and full documentation shall mean that the provider’s records are such that: 1. An orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the provider’s services were, in fact, provided; and 2. Each service is verified by contemporaneous certification by the recipient of each service, to include when the service was provided, the extent of each service, all amounts received in payment by provider, to whom the service was provided, the extent or duration of services, and the authorization thereof. b. The required records, at a minimum, shall consist of but are not limited to the categories and/or documents set forth below in subparagraph c.1. c. 1 of this paragraph. The provider shall utilize the Child Care On-line Invoicing System (CCOIS), as required in the Invoicing and Payment Section, contained herein, until such time that the Department establishes the Child Care Business Information Solution (CCBIS), also known as required the electronic time and attendance system, in the Invoicing and Payment Sectionprovider’s geographic region. This provision does not relieve the provider of retaining complete attendance records. 1. A document that certifies attendance for each day a claim is made under this agreement will be required until the child care provider is able to utilize the CCBISagreement. The CS-109 form may be used as the certification document and found at: xxxx://xxx.xx.xxx/cd/info/forms/. At a minimum, the certification of services provided attendance records must contain the following information: 1. A. The name of each child for whom reimbursement is requested; 2. B. The date(s) each the child was in attendance and each child’s the time of arrival and departure; 3. C. The original signature of the parent or adult designee certifying the attendance of the child (the designee may not be an employee; unless the employee is a sponsor, or operator of the child care facility); and 4. D. The original signature of the provider or provider designeeproviderdesignee. 3.18 3.14 The Department shall establish the Child Care Business Information Solution (CCBIS) to track attendance of all children in the provider’s care and will use the attendance data gathered through the solution to calculate payment for children eligible for state or federally funded child care. a. The Department will arrange for a Point of Service (POS) device to be installed in the provider’s home or the child’s home if care is provided in the child’s home and activated to accept attendance electronically. The provider may not possess, maintain, store or use the secure identifier assigned to the child’s parent/guardian. 1. The department will provide one (1) POS for the children enrolled with the provider. 2. The Department or its designee will provide training to the provider on the use of the POS device and/or CCBIS. 3. The POS device will be associated electronically to the address where the provider provides child care and may not be used at other locations. 4. The Department has the right not to pay for child care units in which the parent/guardian fails to enter attendance as required at the time of drop off or pick up. 3.15 The provider shall utilize the CCBIS for all children enrolled (including private pay) followingthe establishment of POS device(s) within the location where child care is provided. a. The provider will require all parents/guardians or other authorized sponsors (including private pay) to utilize the POS device to check children into the provider’s care and out of the provider’s care each day child care is provided. b. The provider will review daily reports from the CCBIS to determine if any children in attendance were not checked in or out of the facility using the POS device. 1. Any children, who were not checked in or out through the POS device, must be corrected by the parent, guardian or authorized sponsor. 2. Failure to have the correction made by the end of the following service month may result in the provider not receiving payment for units of care in which check in time or check out time are not entered in the CCBIS. c. The provider must have internet access with WIFI capabilities in order to utilize the POS device. 1. Providers who are unable to access internet services due to availability of service may request a waiver from the Department and will be required to utilize an Interactive Voice Response (IVR) systemor Division approved alternative system for attendance. 3.16 The Department has the right to recover from the provider all funds for which adequate verification and full documentation of services are not maintained (i.e. inadequate or lack of attendance records). 3.19 3.17 The Department has the right to recover any overpayments found during the course of an audit or other review by recoupment, repayment, or any other collection method allowed by law or Department policy. 3.18 The provider shall report to the Child Abuse/Neglect Hotline (0-000-000-0000) any instances of child abuse or neglect pursuant to state law (Section 210.115, RSMo). 3.19 The provider shall report child deaths and serious injuries to the division within twenty-four (24) hours of the incident, using a form provided by the division. The report shall be made online at xxxxx://xxxx.xxx.xx.xxx/ChildCareFraud/AddSeriousInjuryOrDeath.aspx . This includes, but is not limited to: a. The death of a child if the child died while in the care of the child care provider; b. The death of a child enrolled at the child care provider if the child died of a contagious disease; or c. A “serious injury” to a child that occurs while the child is at the child care provider or away from the child care provider’s facility but still in the care of the child care provider, if an injury results in the child being treated by a medical professional or admitted to ahospital. 3.20 The provider shall not utilize physical or corporal punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair; 3.21 If the child care provider is providing care for a child in the child’s own home, the child care provider understands that child care shall not be provided to any child that does not reside in the home where care is provided. 3.22 The provider shall not be engaged in any other employment while providing child care services. 3.23 The child care provider shall maintain an accurate register of all children who receive care from the provider. a. At a minimum, the register shall contain the following information for each child served under the agreement with the Department: 1. The child’s full name and date of birth; 2. The name, address, e-mail address, phone number, and other necessary contact information for each person legally responsible for each child; 3. Allergies to food, medications, insects, or other materials; 4. Daily medications, including dosage, time of administering and route for administering; 5. Listing of persons authorized to pick-up and drop-off child as approved by person legally responsible for the child; and 6. For infants, feeding times and amount of breast milk or formula per feeding.