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Agreement # EL174
STATE OF FLORIDA
DEPARTMENT OF EDUCATION
DIVISION OF EARLY LEARNING
GRANT AGREEMENT
THIS agreement (the agreement) is between the State of Florida, Department of Education, Division
of Early Learning (DEL, the Division) and the Early Learning Coalition of Escambia (ELC), each
individually a “Party” and collectively the “Parties.”
WHEREAS DEL is the designated Lead Agency for the State of Florida, which is the recipient of a
Child Care and Development Block Grant (CCDBG) pursuant to 45 Code of Federal Regulations
(CFR) part(s) 98 and 99, which is a primary funding source for the School Readiness (SR) Program;
and
WHEREAS DEL is recipient of the Coronavirus Response and Relief Supplemental Appropriations
(CRRSA) Act, 2021 (P.L. 116-260) award, 2101FLCCC5, funded by the CCDBG; and
WHEREAS DEL is recipient of the American Rescue Plan Act (ARPA), 2021 (P.L. 117-002) awards,
2101FLCSC6 and 2101FLCDC6, funded by the CCDBG; and
WHEREAS DEL is designated as the responsible entity for execution, oversight, and management of
the Florida Preschool Development Grant Birth through Five Renewal (PDG-R B-5) award, 90TP004-
03-02, which provides funding for improving data-driven systems coordination, increasing family
access and engagement, and creating a high-quality comprehensive early childhood education system;
and
WHEREAS DEL is charged with providing oversight and administration of the state’s SR Program,
including the Child Care Resource and Referral (CCR&R) network and the SR Match Program, as
well as responsibility for oversight and administration of the Voluntary Prekindergarten (VPK)
Education Program, the Gold Seal Quality Care Program; and
WHEREAS the ELC is a statutorily created entity designated with the responsibility of administration
and implementation of a local comprehensive program of CCR&R, SR Program services, and the local
administration of the VPK Program; and
WHEREAS DEL desires to enter into an agreement with each of the ELCs individually to provide
early learning services at the local level;
NOW THEREFORE, in consideration of the premises set forth herein, DEL and the ELC agree as
follows:
A. Subrecipient determination
The Division has reviewed the criteria pursuant to 2 CFR § 200.331, Subrecipient and contractor
determinations, and determined that the ELC is a subrecipient for purposes of this agreement. The
ELC acknowledges it is subject to federal audit requirements specified in 2 CFR Part200 Subpart F,
Audit Requirements, and the Florida Single Audit Act, section (s.) 215.97, Florida Statutes (F.S.), as
appropriate and shall be subject to the monitoring and audit conditions and requirements set forth in
Exhibit III.
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Agreement documents
The agreement consists of the following documents:
1. Exhibit I – Special Conditions.
2. Exhibit II – Scope of Work.
3. Exhibit III – Audit Requirements.
4. Exhibit IV – Assurances and Certifications.
5. Exhibit V – ELC Administrative and CCR&R Office Information.
6. Exhibit VI – List of Reports.
7. Exhibit VII – Service Provision.
B. Compliance with applicable laws and regulations
The ELC shall comply with the following laws, rules, and regulations, including any revision to
those laws and regulations enacted or adopted after the execution of this agreement (notification
will be provided in writing to the ELC), in the course of performing services and expending funds
it receives or earns under this agreement:
1. Federal Laws and Regulations
1.1. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
1.2. 2 CFR Part 25 – Universal Identifier and System for Award Management.
1.3. 45 CFR Part 75, United States Department of Health and Human Services (HHS)
Implementation of the Office of Management and Budget’s (OMB) Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards
(2 CFR Part 200).
1.4. 45 CFR Part(s) 260-265 – Temporary Assistance for Needy Families (TANF) regulations
(related to 2.3).
1.5. CCDBG Act of 2014 (P.L. 113-186).
1.6. CCDBG Act of 1990, as amended 42 U.S.C. § 9858 et. seq.
1.7. 45 CFR Part 98 – Child Care and Development Fund (CCDF) – Final Rule.
1.8. 45 CFR Part 99 – Procedures for Hearings for the CCDF.
1.9. CCDF Discretionary Fund governing requirements – Title VI of the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 and
subsequent amendments, codified at 42 U.S.C. § 9858 et seq.
1.10. CCDF Mandatory and Matching Funds – Section 418 of Title IV-A of the Social Security
Act as amended by PRWORA, codified at 42 U.S.C. § 618.
1.11. Other applicable requirements from the Code of Federal Regulations –
1.11.1. 2 CFR Part 182 – Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance).
1.11.2. 2 CFR Part 376 – Nonprocurement Debarment and Suspension.
1.11.3. 2 CFR Part 382 – Requirements for Drug-Free Workplace (Financial
Assistance).
1.11.4. 45 CFR Part 80 – Nondiscrimination Under Programs Receiving Federal
Assistance through the Department of Health and Human Services Effectuation
of Title VI of the Civil Rights Act of 1964.
1.11.5. 45 CFR Part 84 – Nondiscrimination on the Basis of Handicap in Programs or
Activities Receiving Federal Financial Assistance.
1.11.6. 45 CFR Part 86 – Nondiscrimination on the Basis of Sex in Education Programs
or Activities Receiving Federal Financial Assistance.
1.11.7. 45 CFR Part 91 – Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance from HHS.
1.11.8. 45 CFR Part 93 – New Restrictions on Lobbying.
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1.12. American Competitiveness and Corporate Accountability Act of 2002, aka the Sarbanes-
Oxley Act (SOX) –
1.12.1. Sections 802 and 1102, Prohibited from destroying documents while official
proceedings are underway.
1.12.2. Section 1107, Protection for whistleblowers (employees and other individuals).
1.13. ARPA of 2021 – P.L. 117-002.
1.14. CARES Act – P.L. 116-136.
1.15. CRRSA – P.L. 116-260.
1.16. Section 9212 of the Every Student Succeeds Act (ESSA) - P.L. 114-095, Preschool
development grants.
2. State Statutes and Rules
2.1. Chapter 1002, Part V, F.S. – Voluntary Prekindergarten Education Program.
2.2. Chapter 1002, Part VI, F.S. – School Readiness Program.
2.3. Provisions related to SR of the current HHS-approved TANF State Plan, including all
approved amendments or revisions, as administered by the Department of Children and
Families (DCF).
2.4. Provisions of the current HHS-approved CCDF State Plan, including all approved
amendments or revisions, as administered by DEL.
2.5. Rule 6A-6.03033, F.A.C. – Specialized Instructional Services (SIS) for Voluntary
Prekindergarten Children (VPK) with Disabilities.
2.6. Chapter 6M-4, F.A.C. – School Readiness Program.
2.7. Chapter 6M-8, F.A.C. – Voluntary Prekindergarten Program.
2.8. Chapter 6M-9, F.A.C. – Early Learning Coalitions.
2.9. Chapter 6M-10, F.A.C. – Gold Seal Quality Care Program.
2.10. Chapter 69I-5, F.A.C. – State Financial Assistance.
2.11. Rule 61H1-20.0093, F.A.C., Chapter 10.650 – Florida Single Audit Act Audits Non-
profit and For-profit Organizations.
2.12. Chapter 60GG-2 - State of Florida Cybersecurity Standards.
2.13. Chapter 112, F.S.- Public Officers and Employees: General Provisions.
2.13.1. Section 112.061, F.S. – Per diem and travel expenses of public officers,
employees, and authorized persons; statewide travel management system.
2.13.2. Section 112.313, F.S. – Standards of conduct for public officers, employees of
agencies, and local government attorneys.
2.13.3. Section 112.3135, F.S. – Restriction on employment of relatives.
2.13.4. Section 112.3143 F.S. – Voting conflicts.
2.14. Procurements:
2.14.1. Section 215.971, F.S. – Agreements funded with federal or state assistance.
2.14.2. Section 287.057, F.S. – Procurement of commodities or contractual services.
2.14.3. Section 287.058, F.S. – Contract document.
2.15. Chapter 119, F.S.- Public Records.
2.15.1. Section 119.01, F.S. – General state policy on public records.
2.15.2. Section 119.07, F.S. – Inspection and copying of records; photographing public
records; fees; exemptions.
2.15.3. Section 119.0701, F.S. – Contracts; public records; request for contractor
records; civil action.
2.16. Chapter 286, F.S.- Public Business: Miscellaneous Provisions.
2.16.1. Section 286.011, F.S. – Public meetings and records; public inspection; criminal
and civil penalties.
2.16.2. Section 286.0105 – Notices of meetings and hearings must advise that a record is
required to appeal.
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2.16.3. Section 286.0114 – Public meetings; reasonable opportunity to be heard; attorney
fees.
2.17. Other state laws and regulations:
2.17.1. Section 11.062, F.S. – Use of state funds for lobbying prohibited, penalty.
2.17.2. Section 17.04, F.S. – To audit and adjust accounts of officers and those indebted
to the state.
2.17.3. Section 20.052, F.S. – Advisory bodies, commissions, boards; establishment.
2.17.4. Section 39.201, F.S. – Required reports of child abuse, abandonment, or neglect,
sexual abuse of a child, and juvenile sexual abuse; required reports of death;
reports involving a child who has exhibited inappropriate sexual behavior.
2.17.5. Section 39.604, F.S. – Rilya Wilson Act; short title; legislative intent; child care;
early education; preschool.
2.17.6. Section 215.42, F.S. – Purchases from appropriations, proof of delivery.
2.17.7. Section 215.422, F.S. – Payments, warrants and invoices; processing time limits;
dispute resolution; agency or judicial branch compliance.
2.17.8. Section 215.97, F.S. – Florida Single Audit Act.
2.17.9. Section 216.181, F.S. – Approved budgets for operations and fixed capital
outlay.
2.17.10. Section 216.301, F.S. – Appropriations; undisbursed balances.
2.17.11. Section 216.345, F.S. – Professional or other organization membership dues;
payment.
2.17.12. Section 216.347, F.S. – Disbursement of grants and aids appropriations for
lobbying prohibited.
2.17.13. Section 252.365, F.S. – Emergency coordination officers; disaster-preparedness
plans.
2.17.14. Chapter 273, F.S. – State-Owned Tangible Personal Property.
2.17.15. Section 286.25, F.S. – Publication or statement of state sponsorship.
2.17.16. Section 287.017, F.S. – Purchasing categories, threshold amounts.
2.17.17. Section 287.0943, F.S. – Certification of minority business enterprises.
2.17.18. Section 287.133, F.S. – Public entity crime; denial or revocation of the right to
transact business with public entities.
2.17.19. Section 287.134, F.S. – Discrimination; denial or revocation of the right to
transact business with public entities.
2.17.20. Section 287.135, F.S. – Prohibition against contracting with scrutinized
companies.
2.17.21. Section(s) 402.301 – 402.319, F.S. – Child care facilities provisions.
2.17.22. Chapter 411, Part II, F.S. – Prevention and Early Assistance.
2.17.23. Section 414.39, F.S. – Fraud.
2.17.24. Section 414.411, F.S. – Public assistance fraud.
2.17.25. Section 415.1034, F.S. – Mandatory reporting of abuse, neglect, or exploitation
of vulnerable adults; mandatory reports of death.
2.17.26. Chapter 427, F.S. – Special Transportation and Communications Services.
2.17.27. Section 435.03, F.S. – Level 1 screening standards.
2.17.28. Section 435.04, F.S. – Level 2 screening standards.
2.17.29. Section 445.032, F.S. – Transitional child care.
2.17.30. Chapter 815, F.S. – Computer-Related Crimes
2.17.31. Section 943.0542, F.S. – Access to criminal history information provided by the
department to qualified entities.
2.17.32. Florida Department of Education (FDOE) Travel Policy Manual
2.17.33. Florida Department of Financial Services (FDFS) Reference Guide for State
Expenditures.
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2.17.34. 6M-9.120 Early Learning Coalition Performance Standards and Evaluations
C. Effective date
The agreement shall be effective July 1, 2023, or the date the last Party has signed the agreement,
whichever is later.
D. Ending date
The agreement shall end June 30, 2024, unless terminated earlier, extended, or renewed as
provided herein. All award notifications reflect the beginning and ending dates of the award
period. All conditions stated in the grant award, exhibits, and attachments are considered binding
on the ELC.
E. Funding
Fiscal Year 23-24 - General Appropriations Act GAA, provides funds from the Child Care and
Development Block Grant Trust Fund, General Revenue, Welfare Transition Trust Fund, Social
Services Block Grant, and Federal Grants Trust Fund for the programs described in this agreement.
F. No state obligation before starting date or after ending date
DEL shall not be obligated to pay for costs incurred related to the agreement prior to its effective
date or after its ending date.
G. Extension
Subject to the agreement by the Parties, extension of the agreement for services shall be in writing
for a period not to exceed six months and shall be subject to the same terms and conditions set
forth in the initial agreement. There shall be only one extension of the agreement unless the failure
to meet the criteria set forth in the agreement for completion of the agreement is due to events
beyond the control of the ELC.
H. Renewal
Upon mutual agreement, DEL and the ELC may renew the agreement, in whole or in part, for a
period that may not exceed three years or the term of the agreement, whichever period is longer.
The renewal must be in writing and signed by both Parties and will be subject to availability of
funds.
I. Grant Manager for the ELC and DEL
ELC’s Grant Manager
Name:
Walter B. Watson, Jr.
Title:
Executive Director
Address:
1720 N. Fairfield Dr., Suite 100/400, Pensacola FL
Zip Code:
32501
Office Phone:
850-595-5402
E-mail Address:
DEL’s Grant Manager
Name:
Toshiba Griffin
Title:
Grant Manager
Address:
Division of Early Learning
325 West Gaines Street
Tallahassee, Florida
Zip Code:
32399-0400
Office Phone:
(850) 717-8670
E-mail Address:
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J. Change in grant managers
In the event any Party designates different grant managers after the execution of the agreement,
notice of the new grant manager will be transmitted by email or sent in writing to all Parties within
two weeks and said notification will be attached to copies of the agreement.
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K. Execution
In consideration of the mutual covenants set forth above and, in the exhibits, hereto, the Parties have
caused to be executed this agreement by their officials duly authorized. Each person signing this
agreement warrants he or she is duly authorized to do so and to bind the respective Party, which has
the institutional, managerial, and financial capability (including funds sufficient to pay the non-
federal share of project cost, if applicable), to ensure proper planning, management, and completion
of the activities described herein.
ELC of Escambia
By:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
FEIN:
59-3683227
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic signatures are
legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained, and policies and
procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the data on this
form is accurate to the best of my knowledge.
EXHIBIT I
SPECIAL CONDITIONS
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A. Accessible electronic information technology
The ELC hereby agrees that by entering into this agreement, the ELC will, whenever practicable,
collect, transmit, and store agreement, program, and project-related information in open and
machine-readable formats rather than in closed formats or on paper as provided in 2 CFR §
200.336, Methods for collection, transmission, and storage of information.
B. Allowable costs
In accounting for and expending grant funds, a recipient and/or sub-recipient may only charge
expenditures to the grant award if they are:
1. In payment of obligations incurred during the approved grant period,
2. In conformance with the approved program services,
3. In compliance with all applicable statutes and regulatory provisions,
4. Costs allocable to a particular cost objective,
5. Spent only for reasonable and necessary costs of the program, and
6. Not used for general expenses required to carry out other responsibilities of the ELC.
C. Assignments
DEL shall, at all times, retain the ability to assign or transfer its rights, duties, or obligations under
the agreement to another State of Florida governmental agency. In the event this occurs, DEL shall
give prior written notice to the ELC. The ELC agrees not to assign the responsibility for the
agreement to another party without DEL’s express written approval. The ELC agrees to notify
DEL prior to a change in the ELC’s early learning programs service delivery provider. In the event
DEL or a State of Florida agency approves the ELC’s transfer of obligations, the ELC retains
responsibility for all agreement-related work and expenses. In addition, the agreement shall bind
the ELC’s successors, assignees, and legal representatives to any legal entity that succeeds DEL’s
obligations. The ELC’s agreements and contracts with subrecipients must contain this agreement’s
special conditions, audit requirements, and applicable scope of work provisions.
D. Awards and volunteer recognition
If authorized by the ELC’s board, the ELC may incur expenditures not to exceed $100 each plus
applicable taxes to award suitable framed certificates, pins, and other tokens of recognition, not to
include cash or gift cards, to those whose service to the ELC has been satisfactory, in appreciation
and recognition of such service per s. 110.1245(3) - (5), F.S.
1. Retiring employees, ELC employees, or any appointed member of the ELC’s board upon the
expiration of such board member’s final term, or
2. Volunteers who have offered continuous and outstanding service to state-administered
programs to honor, reward, or encourage such volunteers per s. 110.503, F.S.
E. Background screening
The ELC shall comply with and have written policies including the items listed in this section. An
ELC with more restrictive background screening policies shall include the items listed in this
section as a minimum standard.
1. The ELC shall conduct employee background screening in accordance with the requirements in
this section.
2. “Qualified entity,” as defined in s. 943.0542, F.S., means a business or organization, whether
public, private, operated for profit, operated not for profit, or voluntary, which provides care or
care placement services, including a business or organization that licenses or certifies others to
provide care or care placement services. “Covered individual”, as defined in 34 U.S.C. §
40104, means an individual who has, seeks to have, or may have access to children, the elderly,
or individuals with disabilities, served by a qualified entity; and who is employed by or
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SPECIAL CONDITIONS
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volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or owns or
operates, or seeks to own or operate a qualified entity.
3. An ELC may be considered a qualified entity and therefore, shall register with the Florida
Department of Law Enforcement (FDLE). The ELC shall have all employees assigned to work
on this agreement screened in a manner consistent with s. 943.0542, F.S.
3.1. For an ELC that meets the definition of a “qualified entity” and has staff that meet the
definition of a “covered individual,” those ELC staff shall receive a level 2 background
screening, per s. 435.04, F.S., that requires fingerprinting for statewide criminal history
records checks through FDLE, and national criminal history records checks through the
Federal Bureau of Investigation and may include local criminal records checks through
local law enforcement agencies.
3.2. For an ELC that meets the definition of “qualified entity” but determines that certain
ELC employee(s) do not meet the definition of a “covered individual”, while having
access to confidential information, those ELC staff shall receive a level 1 background
screening, per s. 435.03, F.S., that requires screening for employment history, statewide
criminal correspondence checks through FDLE, a check of the Dru Sjodin National Sex
Offender Public Website, and a local criminal records check through local law
enforcement agencies.
4. The ELC shall require any subrecipient, contractor, or subcontractor it retains that also meets
either of the criteria set forth in sub-paragraphs. 3.1 and 3.2 above to be screened accordingly.
The ELC shall ensure that background screening of subrecipient, contractor, and subcontractor
staff is complete prior to providing services under the agreement.
5. The ELC shall obtain and maintain on file the following documentation for new employees
prior to their first day of employment and subrecipient, contractor, and subcontractor staff prior
to their first day of work associated with this agreement:
5.1. Documentation that the individual complies with the background screening standards
set forth in s.435.03, F.S or 435.04, F.S. as applicable.
5.2. The highest level of education claimed if the position requires.
5.3. All applicable professional licenses claimed if the position requires.
5.4. Applicable employment history if the position requires.
6. The ELC shall maintain on file verification for all ELC personnel and any applicable
subrecipient or subcontractor personnel, unless excluded as described below, assigned to work
on this agreement.
7. Employee background screenings must be from no earlier than five (5) years before the
employee’s ELC employment date.
8. The ELC shall update an individual’s background screening every five (5) years on or before
the anniversary date of the prior background screening check and thereafter if the individual
continues performing under this agreement.
9. The ELC shall repeat the background screening if there is a 90-day lapse in employment from
working on this agreement. The ELC shall rescreen the person before assigning the person to
this agreement.
10. The ELC shall arrange for and pay all costs for employee background screenings.
11. The ELC shall require each employee it assigns to this agreement to notify the ELC within
forty-eight (48) hours of being arrested for any criminal offense.
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12. The ELC shall review the alleged offense within forty-eight (48) hours of notification,
determine if the offense is one that would exclude the employee under a level 2 background
screening and, if so, remove the employee from work on this agreement. If the 48-hour period
falls on a Saturday, Sunday, or federal holiday, the determination shall occur the next business
day.
13. The ELC shall not allow the employee to return to work on this agreement until cleared of all
charges that would exclude the employee under a level 2 background screening.
14. As defined in 402.302, F.S., “A volunteer who assists on an intermittent basis for less than 10
hours per month is not included in the term ‘personnel’ for the purposes of screening and
training if a person who meets the screening requirement of s. 402.305(2) is always present and
has the volunteer in his or her line of sight.” Background screening costs for ELC board
members and volunteers are allowable ELC expenditures.
15. The ELC shall require, if applicable, its subrecipient, contractor, or subcontractor to:
15.1. Notify the ELC within forty-eight (48) hours of an employee being arrested or removed
from working on the agreement for any criminal offense.
15.2. Review the alleged offense within forty-eight (48) hours, determine if the offense is one
that would exclude the employee under a level two background screening and, if so,
remove the employee from work on the agreement. If the forty-eight-hour period falls
on a Saturday, Sunday, or federal holiday, the determination shall occur the next
business day.
15.3. Not permit the employee to return to work on the agreement until cleared of all charges
that would exclude the employee under a level two background screening.
16. Any subrecipient, contractor, or subcontractor who does not meet the definition of “Qualified
Entity” or who FDLE has determined does not meet the definition of “Qualified Entity” or
whose employee(s) does not meet the definition but that employee(s) will perform duties under
contract with the ELC and are permitted unsupervised access to ELC or DEL confidential
information (about the children in care or their family and child care providers) shall comply
with all requirements listed in Section E above. However, the screening shall only include the
equivalent of a level 1 background screening that requires screening for employment history,
statewide criminal correspondence checks through FDLE, a check of the Dru Sjodin National
Sex Offender Public Website, and local criminal records check through local law enforcement
agencies. For subrecipients, contractors, or subcontractors that have staff residing out of the
State of Florida, the ELC’s agreement with the subrecipient, contractor, or subcontractor shall
include a requirement for the subrecipient, contractor, or subcontractor employees assigned to
the agreement to receive the equivalent of a level 1 screening in the state in which the
employee resides.
17. Any subrecipient, contractor, or subcontractor who does not meet the definition of “qualified
entity” and who has staff that will perform duties under this agreement, but will have
absolutely no interaction with nor be present around a child in care nor will they have access to
any confidential information about either a child in care or that child’s family is not required to
submit its employees to a background screening.
18. Written policies may exclude reference to a subrecipient, contractor, or subcontractor if not
applicable. However, if an ELC contracts with a subrecipient, contractor, or subcontractor
during the term of this agreement, the ELC must update the policies to include reference, and
these requirements must be included in the agreement with the subrecipient, contractor, or
subcontractor.
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F. Breach of security/confidentiality
As defined in s. 282.0041, F.S., “Incident” means a violation or an imminent threat of violation,
whether such violation is accidental or deliberate, of information technology resources, security,
policies, or practices. An imminent threat of violation refers to a situation in which a state agency
has a factual basis for believing that a specific incident is about to occur.
As defined in s. 501.171, F.S., “Breach of security” means unauthorized access of data in
electronic form containing personal information. Good faith access of personal information by an
employee or agent of the covered entity does not constitute a breach of security, provided that the
information is not used for a purpose unrelated to the business or subject to further unauthorized
use.
1. The ELC agrees to comply with s. 501.171, F.S., related to the security of confidential personal
information and understands the ELC, for this purpose, will be considered a third-party agent
as referenced in this statutory section.
2. The ELC shall immediately notify the Division’s Information Security Manager (at
[email protected]) and the Department’s Inspector General (at
[email protected]) of any incident, breach, or breach of security of which it
becomes aware. Notwithstanding requirements of s. 501.171(3), F.S., within twenty-four (24)
hours of the incident, the ELC shall provide written notification to the Division’s Information
Security Manager and the Department’s Inspector General that identifies: (i) the nature of the
unauthorized use or disclosure; (ii) the confidential information used or disclosed; (iii) who
made the unauthorized use or received the unauthorized disclosure; (iv) what the ELC has done
or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and (v) what
corrective action the ELC has taken or shall take to prevent future similar unauthorized use or
disclosure. The ELC shall provide any additional information, including a full written report,
as reasonably requested by the Division.
3. If the Division, at its sole discretion, determines the ELC has failed to comply with any
confidentiality provision of this agreement, or determines prompt and satisfactory corrective
action has not occurred, the Division has the unilateral right to suspend the agreement until it is
satisfied corrective action has been taken, or terminate the agreement. If this agreement is
terminated, the ELC must immediately surrender to the Division all confidential information
and copies thereof obtained under the agreement and any other information relevant to the
agreement.
4. The ELC understands and agrees that all reasonable fees and costs necessary for the Division
to remedy any breach of confidentiality due to the conduct of the ELC, including its
employees, subcontractors, agents, affiliates, or any individual within the control of the ELC,
shall be the responsibility of the ELC. The ELC shall cooperate in the defense and settlement
of such claims. The obligations of this section shall survive the expiration or termination of this
agreement.
5. The ELC understands and agrees to the confidentiality and security provisions of this
agreement regarding the requirements to safeguard the confidentiality of the information which
is the subject of the agreement, and which is considered a material condition of the agreement.
In the event requirements to safeguard the information, unauthorized disclosure of the
information, or the confidentiality of the information are compromised in any way, the ELC
will be subject to penalties as follows:
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5.1. Criminal Penalties: The ELC, including its employees, agents, contractors,
subcontractors, affiliates, or any other individual that breaches the confidentiality
requirements of this agreement, are subject to any state or federal criminal sanctions
provided by law, including, but not limited to, penalties as provided for in s. 119.10, F.S.,
the Florida Computer Crimes Act (s. 815.04, F.S.), or any other applicable state or federal
laws or regulations.
5.2. Civil Remedies: In addition to criminal sanctions, the ELC, including its employees,
agents, contractors, subcontractors, affiliates, or any other individual who breaches the
confidentiality requirements of this agreement or applicable laws, are subject to any and
all civil remedies available to the Division and the State of Florida.
G. Confidential data
1. The provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable State
and federal laws will govern disclosure of any confidential information received by the State of
Florida. See 2 CFR § 200.338, Restrictions on public access to records, and 2 CFR § 200.1,
Definitions - Protected Personally Identifiable Information (Protected PII), to review federal
grant program instructions.
2. The ELC acknowledges that each agency, organization, or individual receiving confidential
and exempt records to carry out official functions must protect the data. Those with access to
confidential data must not permit persons other than those authorized to receive the records to
obtain children’s or their parents’/guardians’ personal identification.
3. The ELC shall develop processes and procedures to secure confidential data.
4. The ELC, including its employees, subcontractors, agents, or any other individuals to whom
the ELC exposes confidential information obtained under this agreement, shall not store, or
allow to be stored, any confidential information on any portable storage media (e.g., laptops,
thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information
without encryption software installed on the devices meeting the standards prescribed in the
National Institute of Standards and Technology Special Publication 800-111
http://csrc.nist.gov/publications/nistpubs/800-111/SP800-111.pdf. Failure to strictly comply
with this provision shall constitute a breach of this agreement’s terms.
H. Contingency statement
An annual legislative appropriation determines the State of Florida’s payment obligation under the
agreement.
I. Cooperation in investigations
The ELC shall fully cooperate with DEL and any other state or federal authorities on any fraud or
other types of investigations. This includes, but is not limited to, producing any requested
documents and providing witnesses to testify when requested.
J. E-Verify
1. The ELC (and its subrecipients/subcontractors) has an obligation to utilize the U.S. Department
of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing
this agreement, the ELC certifies that it is registered with, and uses, the E-Verify system for all
newly hired employees.
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2. The ELC must obtain an affidavit from its subrecipients/subcontractors in accordance with
paragraph (2)(b) of s. 448.095, F.S., and maintain a copy of such affidavit for the duration of
the agreement. To implement this provision, the ELC shall provide documentation of
enrollment in the E-Verify program in the form of a copy of the E-Verify “Edit Company
Profile” screen, which contains proof of enrollment in the program to the DEL Grant Manager
within five (5) days of the effective date of this agreement. (This page can be accessed from
the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s
homepage.)
3. Upon each ELC or subrecipient/subcontractor new hire, the ELC must provide a statement
within five (5) calendar days to the DEL Grant Manager identifying the new hire with its E-
Verify case number.
4. This section serves as notice to the ELC regarding the requirements of s. 448.095, F.S.,
specifically sub-paragraph (2)(c)1., and the Division’s obligation to terminate the agreement if
it has a good faith belief that the ELC has knowingly violated s. 448.09(1), F.S. If terminated
for such reason, the ELC will not be eligible for award of a public agreement for at least one
(1) year after the date of such termination.
5. The Division reserves the right to order the immediate termination of any agreement/contract
between the ELC and a subrecipient/subcontractor performing work on its behalf should the
Division develop a good faith belief that the subcontractor has knowingly violated s. 448.09(1),
F.S.
K. Fiscal and administrative control
The ELC shall neither assign nor subcontract direct fiscal or administrative control or
responsibility for the agreement to another party. The ELC shall at no time assign control over
administrative functions to any other individual or organization. The ELC is solely responsible for
maintaining all fiscal records and shall retain direct management of direct access to, and complete
control over, all fiscal and administrative functions and records.
1. The ELC may contract with a vendor for general accounting and human resource functions;
however, such contracts shall specify that the ELC shall have immediate accessibility to all
records and documents. The vendor must maintain, by law, the required confidential data.
2. The ELC shall notify DEL within forty-eight (48) hours of the ELC formally initiating a
contract for services’ alteration or termination, approaching another ELC to discuss a possible
merger, or directly offering early learning services another entity previously provided on the
ELC’s behalf. The ELC shall also notify DEL within forty-eight (48) hours of the ELC’s board
approving any motion to alter or terminate a contract for services, approaching another ELC to
discuss a possible merger, or directly offering services another entity previously provided on
the ELC’s behalf. A contract for services is a contract for system support or direct
enhancement services. Once the ELC’s board approves, the ELC shall, a minimum of ninety
(90) days prior to the service transition, submit a School Readiness Program Plan amendment
to DEL for review and approval, if appropriate. The School Readiness Program Plan
amendment shall outline the transition for services. The change may alter the status of relevant
portions of the plan from “approved” to “approved with conditions” while the ELC implements
its board-approved changes.
3. In emergency situations, when the ELC is unable to meet this section’s notice requirements,
the ELC shall immediately notify the DEL Financial Administration and Budget Services
Manager of any action altering or terminating a contract for services or requiring the ELC to
directly offer services another entity previously provided on the ELC’s behalf. For purposes of
this section, “emergency situations” are those circumstances that qualify for emergency action
under s. 287.057, F.S., and the ELC shall follow the statutory requirements for emergency
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procurement. The ELC executive director or board chair must prepare a written statement
certifying the emergency as valid. The ELC must prepare the written statement of an
emergency within thirty (30) days of the contractor or ELC beginning to render the service and
must state the particular facts and circumstances that precluded the execution of the written
agreement before the rendering of the service.
L. Florida Abuse Hotline reporting
In compliance with s. 39.201, F.S., any employee of the ELC or its subcontractors shall
immediately report such knowledge or suspicion to the Florida Abuse Hotline on the statewide
toll-free telephone number (1-800-96ABUSE) if the employee knows or has reasonable cause to
suspect a child is:
1. Abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person
responsible for the child’s welfare; or
2. In need of supervision and care and has no parent, legal custodian, or responsible adult relative
immediately known and available to provide supervision and care; or
3. Abused by an adult other than a parent, legal custodian, caregiver, or other person responsible
for the child’s welfare; or
4. The victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual
offender.
M. Force majeure and notice of delay from force majeure
Neither DEL nor ELC shall be liable to the other for any delay or failure to perform under the
agreement if such delay or failure is neither the fault nor the negligence of DEL or the ELC or their
employees or agents. This holds true if the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any
of the foregoing which affects subcontractors or suppliers if there is no available alternate supply
source.
However, in the event of delay from the foregoing causes, DEL or the ELC shall take all
reasonable measures to mitigate any and all resulting delays or disruptions in the DEL or ELC’s
performance obligation under the agreement. If the delay is excusable under this paragraph, the
delay will not result in any additional charge or cost to either DEL or the ELC under the
agreement. In the case of any delay the ELC believes is excusable under this paragraph, the ELC
shall notify DEL and describe the cause of the delay or potential delay in writing within ten (10)
calendar days after the cause that creates or will create the delay.
The foregoing shall be the ELC’s sole remedy or excuse regarding the delay. The ELC must
provide notice in strict compliance with this section to receive the remedy. DEL, in its sole
discretion, will determine if the delay is excusable under this paragraph and will notify the ELC of
DEL’s decision in writing. The ELC shall not assert a claim for damages, other than for an
extension of time, against DEL. The ELC is not entitled to an increase in the agreement price or
payment of any kind from DEL for direct, indirect, consequential, impact or other costs, expenses,
or damages. These include, but are not limited to, costs of acceleration or inefficiency due to delay,
disruption, interference, or hindrance from any cause whatsoever.
If any of the causes this section describes suspended or delayed performance, in whole or in part,
after the causes have ceased to exist, the ELC shall perform at no increased cost, unless DEL
determines, in its sole discretion, the delay will significantly impair the agreement’s value to DEL
or the state. In which case, DEL may take any or all the following actions:
1. Accept the ELC’s allocated performance or deliveries, provided the ELC grants DEL
preferential treatment for products or services subjected to allocation.
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2. Purchase from other sources (without recourse to and by the ELC for the related costs and
expenses) to replace all or part of the products or services the delay affects. DEL may deduct
the purchases from the agreement funds.
3. Terminate the agreement in whole or in part.
N. Governing law
State of Florida laws applicable to agreements and contracts implemented and wholly performed
within the state shall construe and govern the agreement for all purposes. The judiciary system of
the State of Florida shall determine all disputes, claims, or any other matters arising out of or
relating to this agreement. The venue of all actions pertaining to this agreement shall be in Leon
County, Florida.
O. Indemnification
The ELC shall be liable for, indemnify, defend, and hold DEL and all its officers, directors, agents,
and employees harmless from all claims, suits, judgments, or damages that arise from the ELC or
any of its agents, subcontractors, or employees’ acts, actions, neglect, or omissions during the early
learning programs’ performance or operations under the agreement, or any subsequent
modifications thereof. This includes attorney fees and costs. This indemnification holds whether
liability is direct or indirect, and whether damage is to any person or tangible or intangible
property.
P. Independent coalition status
In the ELC’s performance of its duties and responsibilities under the agreement, it is mutually
understood and agreed the ELC is, always, acting and performing as an independent contractor and
not as a division or subpart of DEL. Nothing in the agreement is intended to or shall be deemed to
constitute a partnership or joint venture between the Parties.
Q. Insurance and risk mitigation
1. The ELC shall maintain liability insurance coverage on a comprehensive basis and always hold
such liability insurance during the existence of the agreement and any renewal(s) or
extension(s) of it. By execution of the agreement, the ELC accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to provide
reasonable financial protections for the ELC and the clients served under the agreement.
2. The ELC shall maintain errors and omissions insurance on its board members.
3. The ELC shall maintain the fidelity bonding of its fiscal personnel.
4. The ELC shall maintain a disaster recovery plan within its continuity of operations plan
(COOP) for unforeseen circumstances, whether they are natural or man-made disasters.
(Reference Exhibit II, Scope of Work, section D.4.).
5. The ELC will have and continuously maintain all other types of insurance as required by law.
6. In the event any of the coverage described above is cancelled by the insurer for any reason, the
ELC shall immediately notify the Division of such cancellation and shall obtain replacement
coverage acceptable to the Division and provide proof of such replacement coverage within ten
(10) calendar days after the cancellation of coverage.
7. All insurance policies shall be with insurers qualified and doing business in Florida. The
Division shall be furnished proof of coverage of insurance by standard ACORD form
certificates of insurance upon request.
8. In accordance with 2 CFR § 200.310, Insurance coverage, the ELC shall provide equivalent
insurance coverage for real property and equipment acquired or improved with grant funds as it
does for real property and equipment acquired or improved with non-grant funds.
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R. Intellectual property rights
1. All data DEL creates or the ELC receives from DEL, whether electronic or hardcopy, during
the duration of this agreement is DEL’s property. The ELC shall surrender the data to DEL at
no cost to DEL upon expiration, termination, or cancellation of this agreement (see 45 CFR §
75.322, Intangible property and copyrights). The following terms and conditions apply to all
grant recipients, unless explicitly waived.
1.1. With respect to all products created by the ELC pursuant to this agreement, said materials
will be the property of DEL.
1.2. To the extent any product constitutes a “work” within the meaning of U.S. copyright
laws, 17 United States Code (U.S.C.) 101, et seq., it shall be a “work made for hire.” In
the event a court of competent jurisdiction determines a product or material is not a work
made for hire as a matter of law, the ELC shall assign and convey to DEL all rights, title,
and interest in the product or material and require its employees and subcontractors to do
the same.
1.3. The ELC agrees its employees will not assert any ownership of the product produced
pursuant to this agreement. The ELC shall be responsible for acquiring necessary releases
or establishing appropriate contract provisions in its dealings with employees and
subcontractors to secure DEL’s rights.
1.4. Any claim by the ELC of ownership of pre-existing copyrights should be explicitly stated
in the project documentation.
1.5. The ELC agrees that if it hires any third party to perform any work pursuant to this
agreement, the work shall be on a “work made for hire” basis and shall not in any way
infringe upon DEL’s ownership of the product.
1.6. The ELC agrees not to convey any rights in the product to a third party.
1.7. If the ELC hires a third party to perform any work which involves the use of pre-existing
intellectual content owned by the third party, the third party shall expressly assert its
ownership of the content and shall grant the ELC and DEL the non-exclusive license to
use the product.
2. A licensing agreement or other agreement regarding the use of intellectual property developed
pursuant to this agreement may be developed between DEL and the ELC in order to further the
use of the products in the educational community.
3. Pursuant to 45 CFR Part 75 Appendix II, Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards, the ELC agrees, to the extent applicable under this
agreement, to comply with the following:
Contracts or agreements for the performance of experimental, developmental, or research work
shall provide for the rights of the Federal Government and the contractor in any resulting
invention in accordance with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts, and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
See this link for complete details if applicable: Rights to Inventions. If any discovery or
invention arises or is developed in the course or as a result of work or services performed with
funds from the agreement, or in any way connected with early learning programs, the ELC
shall refer the discovery or invention to DEL.
4. Pursuant to s. 286.021, F.S., if the discovery or invention arises or is developed in connection
with the use of state funds, DEL will refer it to the Department of State to determine whether
patent protection will be sought in the name of the State of Florida. All patent rights accruing
under or in connection with the performance of the agreement are hereby reserved to the State
of Florida.
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5. Pursuant to s. 286.021, F.S., and subject to claims of the HHS, all copyrights accruing under or
in connection with the ELC’s execution of its duties under the agreement funded by early
learning program funds are hereby reserved to the State of Florida.
6. Pursuant to 45 CFR §75.322, the HHS reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal
Government purposes, the copyright in any work developed with federal funds through the
agreement and any rights of copyright which the ELC or its sub-grantees or contractors
purchase with such federal funds.
7. Pursuant to federal and state laws, the ELC will not violate the copyrights of any third party
during the performance of the scope of work for this grant award.
The ELC further warrants that each deliverable produced pursuant to this award, ELC’s
production of the deliverable(s), and the Division’s use of the deliverable(s), will not infringe
on the copyrights of any third party. This provision applies to each work of authorship in which
copyrights subsist pursuant to 17 U.S.C. Sections 102 – 105 and to each exclusive right
established in 17 U.S.C. Section 106. In furtherance of this provision, the ELC additionally
warrants the following:
7.1. As to each work of software or other “information technology,” as defined in s.
287.012(15), F.S., in which copyrights subsist, the ELC has acquired the rights by
conveyance or license to any third-party software or other information technology, which
was used to produce the deliverable(s).
7.2. As to each image and sound recording incorporated into a deliverable, the ELC has
acquired the necessary rights, releases, and waivers from the person whose image or
sound included, or from the holder of the copyrights subsisting in the literary, musical,
dramatic, pantomime, choreographic, pictorial, graphic, sculptural, motion pictures,
audiovisual work, or sound recording from which the included image or sound recording
was taken.
S. Logo usage
1. The ELC is not required to use DEL logos; however, if it chooses to do so, the ELC shall only
use DEL logos approved by DEL. This section does not apply to the ELC’s logos. For more
information see: SharePoint>Coalitions Zone>Executive Services>Communication Hub.
2. The ELC shall update electronic DEL logos used locally in electronic materials to the current
DEL-released logo within sixty (60) calendar days of release except for the electronic DEL-
related logos embedded in the DEL-approved system software. The ELC shall notify DEL in
writing of any circumstances resulting in a delay in the updated logo implementation.
T. Mandatory reporting of fraud and criminal activity
In accordance with 45 CFR § 75.113 (also 2 CFR § 200.113), Mandatory disclosures, the ELC and
its approved subcontractors must comply with and inform its employees of mandatory reporting
requirements. Each employee of the ELC and any subcontractor (subrecipient or contractor)
providing services in connection with this agreement shall disclose to the Office of Inspector
General in a timely manner and in writing all violations involving fraud, bribery, or gratuity
violations potentially affecting this agreement and/or the related federal/grant program(s). DEL is
required to review and consider any publicly available information about the ELC on the online
SAM Registrations & Federal Contracting Service usfcr.com
U. Membership dues, subscriptions, and licensing fees
The ELC shall comply with the terms of s. 216.345, F.S., 2 CFR §200.454, and 2 CFR § 75.454,
Memberships, subscriptions, and professional activity costs, when incurring costs related to paying
membership dues, subscriptions, and licensing fees. Payment information, which must contain a
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statement of memberships, subscriptions, or licenses for which the ELC paid, maintained by the
ELC, shall be public records pursuant to s. 119.01(3), F.S. The organization paid must provide this
statement. This public records requirement applies only to the portion of activities of the
organization(s) that pertain to the public federal/state grant programs that the ELC funded.
V. Additional specific award conditions
Pursuant to 2 CFR § 200.208, Specific conditions, if the ELC is found to be in noncompliance with
fund source requirements or determined to be “high risk” as defined by 2CFR § 200.519 Criteria
for Federal program, the ELC shall be subject to the imposition of additional specific conditions.
W. Notification of legal action
The ELC shall notify DEL of legal actions taken against it or potential actions such as lawsuits
related to services provided through this agreement, which may impact the ELC’s ability to deliver
the contractual services or may adversely impact DEL. The ELC shall notify DEL in writing
within twenty-four (24) continuous hours of becoming aware of such actions or from the day of the
legal filing, whichever comes first.
X. Office of Minority Business Enterprise Report
DEL is dedicated to supporting, tracking, and increasing its small minority business enterprise
spending with prime contractors and subcontractors as s. 287.0943, F.S., requires. The ELC shall
submit the Minority Sub Contractors Utilization Summary report quarterly, regardless of whether
the ELC has spent the funds with a small, minority-, women-, and service-disabled veteran
business enterprise subcontractor for the quarter. See Exhibit VI for report submission location and
due date requirements. Minority Sub Contractors Utilization Summary Report can be found on
SharePoint>Coalition Zone> Finance Administration & Budget Services>Guidance, Memos,
Training and Presentations>Form Templates.
Y. Order of precedence
If there is any conflict between the provisions in the agreement and the standards the CCDF State
Plan sets forth and federal and state law (in which case, DEL may modify the agreement from time
to time), resolution will occur in the following order of priority. If a lower priority law contains a
stricter requirement, the stricter requirement prevails.
1. Federal law.
2. State law.
3. The agreement.
4. The CCDF State Plan.
Z. Personnel, address, and other changes
1. Changes in key personnel
The ELC shall notify DEL in advance but no later than five (5) working days after any changes
in the ELC’s key personnel positions. Key personnel positions include the director, the director
of program operations, and the finance officer. Changes in key personnel may include, but are
not limited to, resignations and other employment terminations, and approved leaves of
absence of six (6) weeks or longer. Such notification shall be in writing and shall include
information related to assigned replacement/interim staff. The ELC shall post notices regarding
key personnel staffing changes to SharePoint/Coalitions Zone/
Services/ELC Changes and email the notice to [email protected] .
2. Personnel costs – time distribution
The ELC shall base charges to federal projects for personnel costs, whether treated as direct or
indirect costs, on payrolls documented in accordance with generally accepted practices from
and approved by a responsible official(s) of the contractor/grantee. Such generally accepted
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practices must comply with the instructions provided in DEL’s Cost Allocation Guidance.
When employees work on multiple activities or cost objectives (e.g., more than one federal
grant program, a federal grant program and a non-federal grant program, an indirect cost
activity and a direct cost activity, two or more indirect activities that are allocated using
different allocation bases, or an unallowable activity and a direct or indirect cost activity), the
distribution of their salaries or wages must be supported by personnel activity reports or
equivalent documents that meet the following standards:
2.1. Reflect an after-the-fact distribution of the actual activity of each employee.
2.2. Account for the total activity for which each employee is compensated.
2.3. Prepared at least monthly and must coincide with one or more pay periods.
2.4. Signed by the employee and/or supervisor with first-hand knowledge of the employee’s
performed tasks.
3. Address, email, and phone changes
No later than thirty (30) calendar days prior to any change, the ELC shall notify DEL of any
changes in the ELC’s telephone number (parent line and main line), email, or physical address.
Such notification shall be in writing and the ELC shall post notices regarding these changes to
SharePoint/Coalitions Zone/Executive Services/ELC Changes.
AA. Policy compliance
The agreement requires the ELC to comply with all DEL Program Guidance, whether current,
subsequently revised, or new, which is hereby incorporated by reference within this agreement
and/or referenced within the Early Learning Notices of Award (NOAs) issued to provide funding
for services governed by this agreement, including but not limited to the following:
1. Program Guidance 101.02 – Records Confidentiality.
2. Program Guidance 202.80 – Early Learning Coalition Annual Report.
3. Program Guidance 240.01 – Cash Management Procedures.
4. Program Guidance 240.02 – Tangible Personal Property.
5. Program Guidance 240.03 – Collection of Delinquent Accounts.
6. Program Guidance 240.04 – School Readiness Funds Management.
7. Program Guidance 240.05 – Prior Approval.
8. Program Guidance 240.06 – Reimbursement Requests.
9. Program Guidance 240.07 – Enrollment and Quality Expenditures for Early Learning Programs.
10. Program Guidance 240.09 – Reobligation of Returned Restitution.
11. Program Guidance 240.10 – Travel.
12. Program Guidance 240.20 – Tracking Costs for Disaster.
13. Program Guidance 240.21 – COVID-19 Crisis Emergency Funding Assistance for Early
Learning/Child Care Providers Program Guidance
14. 240.22 – Reimbursement for Closed Private School Readiness Providers
15. Program Guidance 250.01 – Other Cost Accumulators (OCAs) Working Definitions.
16. Program Guidance 400.01 – Federal Poverty Guidelines and State Median Income Estimates.
17. Program Guidance 404.01 – School Readiness Program Transfers.
18. Program Guidance 420.03 – SR Quality Performance.
19. Program Guidance 440.10 – Match Reporting.
20. Program Guidance 440.50 – VPK Wrap Rates.
21. Program Guidance 440.60 – Teenage Parent Programs (TAPP) Reporting.
22. Program Guidance 508.06 – Requirements for VPK Director Credential.
23. Program Guidance 508.20 – Supplemental Service Fees.
24. Program Guidance 508.21 – Prohibited Fees and Charges in the VPK Education Program.
25. Program Guidance 508.22 – Prohibited Forms of Discrimination in the VPK Education Program.
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26. Program Guidance 510.50 – School District Minimum Funding.
27. Program Guidance 520.03 – Instructional Hours for the VPK Program.
28. Program Guidance 530.05 – Statewide Provider Contract Monitoring Tool for the VPK Education
Program
29. Program Guidance 600.01 – Child Care Resource and Referral Program Requirements.
30. Chapter 60GG-2 - State of Florida Cybersecurity Standards
ELCs can access these documents electronically on the SharePoint Coalition Zone home page.
BB. Prior approval requests
The ELC shall request and obtain prior written approval from DEL before purchasing select items
of cost, in compliance with 45 CFR § 75.407 (2 CFR §200.407), Prior written approval, and DEL
Program Guidance 240.05 – Prior Approval.
CC. Prohibited entertainment costs
The ELC shall comply with 45 CFR § 75.438 (2 CFR §200.438), Entertainment costs, which
disallows entertainment costs including amusement, diversion, and social activities, and any costs
directly associated with such activities (e.g., tickets to shows or sports events, meals, lodging,
rentals, transportation, gratuities).
DD. Prohibited food and food-related costs
Except as otherwise provided by law, the ELC may not use state, federal, or local matching funds
directly or indirectly to pay for meals, food, or beverages for ELC board members, ELC
employees, or subcontractor employees, pursuant to s. 1002.83(13), F.S.
EE. Prohibited lobbying costs
1. Pursuant to s. 216.347, F.S., no funds awarded under this agreement may be used for the
purpose of lobbying the Legislature, the judicial branch, or a state agency. The provisions of
this section are supplemental to the provisions of s. 11.062, F.S., and any other law
prohibiting the use of state funds for lobbying purposes. In accordance with 2 CFR § 200.415,
Required certifications, each ELC must certify federal awards will not be used for lobbying.
2. If the ELC has or will pay any funds other than federal appropriated funds to any person for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employees of Congress, or employee of a member of Congress in
connection with this federal agreement, grant, loan, or cooperative agreement, the ELC shall
complete and submit Standard Form – LLL, Disclosure Form to Report Lobbying according
to its instructions.
3. The certification in Exhibit IV is a material representation of fact upon which the Parties
placed reliance when they made or entered into this transaction. Pursuant to 31 U.S. Code §
1352, the ELC is required to submit this certification as a prerequisite for making or entering
into this transaction. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
4. The ELC shall require that the award documents for all sub-awards at all tiers (including
subcontracts, subgrants and contracts under grants, loans and cooperative agreements) include
this certification’s (Exhibit IV) language and all subrecipients shall certify and disclose
accordingly.
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FF. Prohibited property purchases
The ELC may not expend funds appropriated for the SR Program, including matching funds, for
the purchase or improvement of land; for the purchase, construction or permanent improvement
of any building or facility; or for the purchase of buses. The ELC may only expend funds for
minor remodeling necessary for the administration of the program and upgrading of child care
facilities to ensure that providers meet state and local child care standards, including applicable
health and safety requirements (See s. 1002.89(5), F.S.).
GG. Public entity crimes
1. Convicted vendor list
The ELC must attest to compliance with ss. 287.133(2), (3)(a), and (3)(b), F.S. By signing the
agreement, the ELC acknowledges that it and any subcontractors or subrecipients receiving
early learning program funds through the ELC are in compliance with this section and that the
ELC and any subcontractors are not disclosed on the Florida Department of Management
Services website. The ELC understands and agrees it must inform DEL immediately upon any
change of circumstances regarding this status and will complete the required certification
disclosures included in Exhibit IV. Parties excluded from receiving federal contracts or
financial and nonfinancial assistance and benefits may not receive federal or state funds. Prior
to contract or agreement execution, the ELC shall also verify no party to the agreement is on
the Federal Excluded Parties List or the United States Department of Agriculture Food
Program National Disqualified List. The ELC shall maintain verification documentation.
2. Discriminatory vendor list
The ELC must attest to compliance with ss. 287.134(2)(a), (3)(a), and (3)(b), F.S.
By signing this agreement, the ELC hereby assures, through the duly-appointed authorized
representative, that neither it, nor any ELC person or affiliate, has been placed on the convicted
vendor list or discriminatory vendor list, which can be found on the Florida Department of
Management Services website. The ELC understands and agrees that it must inform DEL
immediately upon any change of circumstances regarding this status and will complete the
required certification disclosures included in Exhibit IV.
3. Scrutinized companies lists
A company on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.
215.473, F.S., or a company that is engaged in business operations in Cuba or Syria, is
ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with,
an agency or local governmental entity for goods or services of $1 million or more. A company
that is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725,
F.S., or is engaged in a boycott of Israel, is ineligible to, and may not bid on, submit a proposal
for, or enter into or renew a contract with, an agency or local governmental entity for a contract
in any amount. (See s. 287.135(2), F.S.).
Any contract the ELC enters into or renews on or after July 1, 2018, for goods or services of $1
million or more, must contain a provision that allows for the termination of such contract at the
option of the awarding body if the company is found to have submitted a false certification, as
provided under s. 287.135(5), F.S., been placed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or been engaged in business operations in Cuba or Syria. Further, all contracts the
ELC enters into or renews on or after July 1, 2018, must also contain a provision that allows
for the termination of such contract at the option of the awarding body if the company is found
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to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel, as provided under s. 287.135(3)(b), F.S.
In accordance with the provisions of s. 287.135(3) and (5), F.S., the ELC, by signing this
agreement, hereby certifies that the ELC and any actively contracted company is not on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations
in Cuba or Syria and is not participating in a boycott of Israel. The ELC further acknowledges
and agrees that DEL may immediately terminate this agreement for cause if the ELC is found
to have submitted a false certification or if the ELC is placed on the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel during the term of this agreement.
HH. Public records law compliance, access, and confidentiality
1. All ELC records classified as public records must be open and available for inspection by any
person, unless otherwise specified by law. It is the responsibility of the ELC to maintain
records in a location accessible to the public.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Division of Early Learning
325 West Gaines Street
Tallahassee, Florida 32399-0400
(850)245-0735
2. In accordance with s. 1002.97, F.S, the individual records of children enrolled in the SR
program provided under chapter 1002, Part VI, F.S., held by the ELC or DEL, are confidential
and exempt from the provisions of s. 119.07(1), F.S., and s. 24(a), Article I of the State
Constitution.
3. In accordance with s. 1002.72, F.S., the personally identifiable records of children enrolled in
the VPK program provided under chapter 1002, Part V, F.S., and any personal information
contained in those records, are confidential and exempt from s. 119.07(1), F.S., and s. 24(a),
Article I of the State Constitution.
4. The ELC shall allow the parent the right to inspect and review the individual SR and VPK
program record of his/her child and provide the parent a copy of the record upon request.
5. The ELC shall allow access to SR and VPK program records as specified in ss. 1002.97 and
1002.72, F.S.
6. The ELC shall provide the public with access to public records on the same terms and
conditions that the Division would provide the records and at a cost that does not exceed the
cost provided in Chapter 119, F.S., or as otherwise provided by law.
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7. Pursuant to 2 CFR § 200.337, Access to records, the ELC agrees to provide access by the
Division, the Florida DFS, the Florida Auditor General, HHS, Inspectors General of federal
and state agencies, the Comptroller General of the United States, or any of their duly
authorized representatives to any books, documents, papers, and records of the ELC which are
pertinent to this specific award for the purpose of making audit, examination, excerpts, and
transcriptions. The right also includes timely and reasonable access to the non-federal entity’s
personnel for the purpose of interview and discussion related to such documents. The rights of
access in this section are not limited to the required retention period but last as long as the
records are retained..
8. The ELC shall maintain, or have immediate access to, books, records, and documents in
accordance with generally accepted accounting procedures and practices which sufficiently and
properly reflect all revenues and expenditures of funds provided by the Division under this
agreement.
9. The Division shall have the right to audit the ELC’s records and practices related to the use and
disclosure of confidential information. The ELC agrees to make internal practices, books, and
records, including policies, procedures, and confidential information, relating to the use of and
disclosure of confidential information received from, or created or received by the ELC on
behalf of the Division, available to the Division upon request.
10. The ELC shall include the aforementioned audit and record keeping requirements in all
approved subcontracts and assignments.
II. Records retention
The ELC shall document activities related to SR and VPK program implementation, including
administrative and reporting responsibilities. Documentation shall be sufficient for an audit trail
and compliance with 2 CFR § 200.334, Retention requirements for records. The ELC shall
maintain written or electronic documentation of transaction files, policies, processes, controls, and
other detailed supporting records the ELC submits per DEL instructions and makes available for
review upon request.
1. The ELC shall have a proper accounting system in accordance with generally accepted
accounting standards.
2. The ELC shall account for expenditures from each Early Learning Program funding separately.
The ELC shall require the same of its subcontractors.
3. The ELC shall establish and maintain records related to eligibility, enrollment files, provider
payments, ELC staff background screenings, and other documents required for implementing
early learning programs.
4. The ELC shall establish a five (5) year records retention requirement for attendance and sign-
in/sign-out records for all SR and VPK services. The ELC may not alter or amend SR
attendance records after December 31 of the subsequent fiscal year. The VPK student
enrollment count may not be amended for a prior fiscal year after the date specified in s.
1002.71(3)(c), F.S.
5. To comply with generally accepted accounting procedures and practices, the ELC shall
establish and maintain books, records, and documents, including electronic storage media and
electronic records. Said procedures and practices shall be in a manner that sufficiently and
properly reflect all revenues and funds.
6. The ELC shall maintain all accounts, records, and other supporting documentation for all SR
and VPK services pertaining to all costs incurred and revenues or other applicable credits
acquired under the agreement for a minimum period of five (5) years from the submission date
of the final reimbursement request for that grant year, or until the resolution of any audit
findings or any litigation related to the agreement, whichever occurs last.
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7. The ELC shall ensure accounting records reflect the separation of all programs/activities the
ELC administers or for which it receives funding. Records shall adequately identify with Other
Cost Accumulators (OCA) the source and funding application for each program/activity. The
ELC shall maintain a clear audit trail showing detail of expenditures related to the applicable
program/activity.
8. The ELC shall require that its subrecipients and subcontractors follow the same terms and
conditions contained in this agreement. The ELC shall require its subrecipients and
subcontractors to enter into and use appropriate nondisclosure agreements as necessary to
maintain the data’s confidentiality and security.. The ELC shall also require individuals who
have access to such data to complete an individual nondisclosure form that the ELC or its
contractor shall maintain on file. DOE AUP Acceptable Use form can be found using the
following path: SharePoint>Coalition Zone> Finance & Budget Services>Guidance, Memos,
Training and Presentations>2022-23
9. The ELC shall comply with the records retention requirements in Florida as defined in rule
1B-24.003 F.A.C. The General Records Schedule GS1-SL for State and Local Government
Agencies sets retention requirements for records documenting administrative and program
functions common to several or all government agencies. The retention periods set forth in the
general records schedules are based on federal and state laws and regulations, general
administrative practices, and fiscal management principles. The General Records Schedule
GS1-SL includes the following requirements related to grant files for recipients:
9.1 This record series documents activities relating to grant-funded projects conducted by the
grant recipient, including the application process and the receipt and expenditure of grant
funds. These files may include, but are not limited to, grant applications, contracts,
agreements, grant status, narrative, financial reports, and supporting documentation.
Project completion has not occurred until all reporting requirements are satisfied, and
final payments have been received.
9.2 The length of retention for these records in Florida is five (5) years after the completion
of the agreement, provided applicable audits have been released. If any litigation, claim,
or audit is started before the expiration date of the retention period, the records must be
maintained until all ligation, claims, or audit findings involving the records have been
resolved and final action taken. In no case will such records be disposed of before the
five fiscal years minimum. Any of the records will be made available to the Division or
its designees upon its request.
10. The ELC shall develop a procedure to maintain all personnel information relating to employee
records and other supporting documentation for a minimum period of five (5) fiscal years after
the employee’s separation or termination of employment. Employee records include, but are
not limited to, employment applications, résumés, personnel action reports, correspondence,
fingerprints, background screenings, educational background, performance evaluation reports,
workers’ compensation reports, copies of I-9 forms, benefits records, work
schedules/assignments, training records, emergency contact information, and other related
materials. The ELC shall retain any records needed beyond the stated retention period to
calculate postemployment benefits.
JJ. Renegotiation or modification
Any modifications to provisions of this agreement shall only be valid when they are in writing and
all Parties have duly signed and dated them.
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KK. Severability
If a court of competent jurisdiction determines any term or provision of the agreement
unenforceable, DEL will strike the term or provision. The remainder of the agreement will remain
in full force and effect.
LL. Sponsorship/public announcements
1. The ELC agrees to comply with s. 286.25, F.S., and use the following statement in
publicizing, advertising, or describing the sponsorship of early learning projects that the ELC
fully or partially finances with state funds or funds from a state agency: “Sponsored by
(name of organization) and the State of Florida.” If the referenced sponsorship is in written
material, the words “State of Florida” shall appear in the same size letters or type as the
ELC’s name.
2. The ELC agrees to comply with Public Law (P.L.) 103-333, s. 508, when issuing statements,
press releases, requests for proposals, bid solicitations, and other documents describing a
project or program that federal money funds in whole or in part. The law requires the ELC
and its subrecipients to clearly state (1) the percentage of the total cost of the program or
project that federal money will finance, (2) the dollar amount of federal funds used for the
project or program, and (3) the percentage and dollar amount of the total cost of the project
or program that nongovernmental sources will finance.
3. PDG-R Required Statements for Publications – As required by HHS appropriations acts, all
HHS recipients must acknowledge federal funding when issuing statements, press releases,
requests for proposals, bid invitations, and other documents describing projects or programs
funded in whole or in part with federal funds. Recipients are required to state (1) the
percentage of the total cost of the program or project that federal money will finance, (2) the
dollar amount of federal funds used for the project or program, and (3) the percentage and
dollar amount of the total cost of the project or program that nongovernmental sources will
finance.
For each publication that results from HHS grant-supported activities, recipients must include
an acknowledgment of grant support, such as the following suggested language:
“This publication was made possible by Grant Number 90TP0068-03-00 from the Office of
Child Care, Administration for Children and Families, U.S. Department of Health and
Human Services.”
“The project described was supported by the Florida Preschool Development Grant Birth
through Five Initiative (PDG-R B-5) Grant Number 90TP0004-03-02 from the Office of
Child Care, Administration for Children and Families, U.S. Department of Health and
Human Services.”
Recipients also must include a disclaimer stating the following:
“Its contents are solely the responsibility of the authors and do not necessarily represent the
official views of the Office of Child Care, the Administration for Children and Families, or
the U.S. Department of Health and Human Services.”
MM. State and federal requirements
The ELC shall comply with its DEL-approved plan and applicable federal and state laws, rules,
and regulations when expending funds, it receives or earns under this agreement for early learning
programs and services.
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NN. Supplement, not supplant
In accordance with program-specific authorizing laws and regulations implementing those laws,
federal funds must generally be used to increase, to the extent practical, the level of non-federal
funds that would be available in the absence of federal funds, and in no case to replace those
federal funds. Federal funds must supplement, add to, enhance, expand, increase, or extend the
programs and services offered with state and local funds. Federal funds are not permitted to be
used to supplant, take the place of, or replace the state and local funds used to offer those
programs and services.
OO. Termination of agreement
Federal and state standards for procurement and contracts administration require all contracts in
excess of $10,000 to address events which trigger termination, the manner by which termination
shall be affected, and the basis for settlement. See 45 CFR Part 75 Appendix II, Contract
Provisions for Non-Federal Entity Contracts Under Federal Awards.
1. Termination for lack of funds. If funds to finance the agreement become unavailable or if the
federal or state governments withdraw or redirect funds upon which the agreement depends,
DEL may terminate the agreement in writing with no less than 24 hours’ notice. The ELC shall
receive notice by certified mail with proof of delivery or in person with proof of delivery after
being notified verbally by the DEL grant manager. DEL shall be the final authority as to fund
availability and will not reallocate funds earmarked for the agreement to another program, thus
causing lack of funds.
2. Termination for cause. In the event of termination of this agreement by DEL for cause, the
ELC shall be liable for DEL’s expenses for additional managerial and administrative services
required to complete or obtain the services or items from another contractor. Additional details
are described in Section 23 of PUR 1000 DMS PUR 1000.
3. Termination for convenience. DEL, by written notice to the ELC, may terminate the
agreement in whole or in part when DEL determines, in its sole discretion, it is in the state’s
interest to do so. The ELC shall not furnish any services after it receives the notice of
termination, except as necessary to complete the continued portion, if any, of the agreement.
4. After receipt of a notice of termination. Except as otherwise specified by the Division, the
ELC shall:
4.1. Stop work under the agreement on the date and to the extent specified in the notice.
4.2. Complete performance of the work not terminated by the Division.
4.3. Take such action as may be necessary, or as the Division may specify, to protect and
preserve any property related to the agreement which is in the possession of the ELC and
in which the Division has or may acquire an interest.
4.4. Transfer, assign, and make available to the Division all property and materials belonging
to the Division, upon the effective date of termination of the agreement. No extra
compensation will be paid to the ELC for its services in connection with such transfer or
assignment.
4.5. Meet all the public records law requirements specified under the section of this agreement
on Public Records Law compliance and records retention.
PP. Travel and per diem
Section 112.061, F.S., specifies in what manner the ELC may reimburse all travel-related costs that
ELC governing board members, employees, agents, or subcontractors incur. The statute allows
costs for preapproved, reasonable, and necessary per diem allowances and travel expenses. The
ELC shall reimburse such costs at the standard travel reimbursement rates that s. 112.061, F.S.,
establishes, using DFS-approved travel forms, and shall comply with all applicable federal and
state requirements.
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QQ. Unallowable or prohibited expenditures
The State of Florida Reference Guide for State Expenditures, which includes all grant funds,
prohibits, unless expressly provided by law, expenditures from program funds for the following
items:
1. Congratulatory telegrams.
2. Flowers or telegraphic condolences.
3. Entertaining visiting dignitaries.
4. Refreshments such as coffee and doughnuts.
5. Decorative items (e.g., globes, statues, potted plants, picture frames).
6. Greeting cards per s. 286.27, F.S.
Similarly, Attorney General Opinion 78-101 prohibits, unless expressly provided by law,
expenditures from program funds for gift cards.
Purchase or lease of motor vehicles are prohibited, unless expressly provided by law, in
accordance with section 287.14(3), F.S.
RR. Unauthorized alien(s)
The ELC agrees it shall not employ unauthorized aliens. The Division shall consider the
employment of unauthorized aliens a violation of Section 274A(e) of the Immigration and
Nationality Act (8 U.S.C. § 1324a). Such a violation shall be cause for unilateral cancellation of
this award by the Division.
SS. Warrant of ability to perform
The ELC warrants, to the best of its knowledge, there is no pending or threatened action,
proceeding, litigation or investigation, or any other legal or financial condition that would in any
way prohibit, restrain, or diminish the ELC’s ability to perform under the agreement. The ELC
shall immediately notify DEL in writing if its ability to perform is compromised in any manner or
if it becomes involved in any litigation during the term of the agreement.
TT. Whistleblower’s Act
In accordance with s. 112.3187, F.S., the ELC shall not retaliate against an employee for reporting
violations of law, rule, or regulation that creates and presents a substantial and specific danger to
the public’s health, safety, or welfare. Furthermore, the ELC shall not retaliate against any person
who discloses information to an appropriate agency alleging improper use of governmental office,
gross waste of funds, or any other abuse or gross neglect of duty on the part of any agency, public
officer, or employee. The ELC shall inform its employees that they and other persons may file a
complaint with the Office of the Chief Inspector General, the Department’s Inspector General, and
the Florida Commission on Human Relations or the Whistleblower’s Hotline number at 1-800-
543-5353. Additional local ELC whistleblower policy and procedures also apply.
UU. Mandatory authorization to inspect
In accordance with s. 216.1366, F.S., the ELC shall authorize the Division to inspect: (a) financial
records, papers, and documents of the ELC that are directly related to the performance of the
agreement or the expenditure of state funds; and (b) programmatic records, papers, and documents
of the ELC which the Division determines are necessary to monitor the performance of the
agreement or to ensure that the terms of the agreement are being met. The ELC must provide such
records, papers, and documents requested by the Division within ten (10) business days after the
request is made.
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A. General statement
1. Purpose and general information
This agreement establishes terms and conditions with which the ELC agrees to comply in
exchange for federal and state funds from DEL. Within its service area, the ELC shall operate the
VPK and SR Programs, which include the CCR&R network, Inclusion Warm-Line services, child
eligibility and management of child care placements, and additional direct enhancement services,
including those to address COVID-19 impacts on families and child care providers. The ELC shall
comply with federal and state statutes or rules superseding the provisions of this agreement.
DEL, at its sole discretion and upon written request by the ELC, will consider offering an
extension for any listed tasks, timelines, or deliverables. Notification of any deliverable extension
granted shall be provided in writing by the DEL grant manager to the ELC.
2. Funding and budget
DEL shall notify the ELC of its funding allocations under the agreement by way of Notice of
Award (NOA) which states the award period(s). Noncompliance with the terms and conditions of
this agreement and the NOA may result in the ELC losing grant funds or the DEL suspending or
terminating the agreement or disallowing costs. DEL has the authority to amend the ELC’s NOA
to reallocate funds.
3. Major goals
3.1. Develop comprehensive, research-based, developmentally appropriate, state, and local SR
and VPK Programs, which involve the parent as the child’s first teacher, serve as a
preventive measure for children at risk of future school failure, and enhance the educational
readiness of young children. The SR and VPK Programs shall be of assistance to parents in
preparing their children, who may be at risk, for educational success including, as
appropriate, early care and education, health/developmental screening, and referral.
3.2. Make the SR and VPK Programs available to families, based on eligibility, in a variety of
settings (e.g., private, faith-based, family child care, public) to meet each family’s needs.
3.3. Help eligible families afford quality early learning services.
3.4. Enable eligible parents to participate in workforce training, pursue higher education, and
remain in the workforce so they may achieve economic self-sufficiency.
3.5. Offer training, technical assistance, consumer education, and information to SR and VPK
Program providers and families about child development and other topics related to early
learning and community resources, as appropriate.
3.6. Facilitate a coordinated system of care for children impacted by these programs.
3.7. Provide a statewide differential payment program for the SR Program (Quality Performance
Incentives) that:
3.7.1. Increases payment rates for providers that exhibit quality per Rule 6M-4.500, F.A.C.
3.7.2. Incorporates local participation in supports that increase the quality of early learning
experienced by children in the SR Program.
3.7.3. Generates statewide data used to target quality improvement.
3.8. Assist and support VPK and SR providers’ capacity to address and enhance each child’s
ability to make age-appropriate progress in an appropriate range of settings. This
development includes, but is not limited to, language, cognitive, emotional, social,
regulatory, and moral capacities.
3.9. Ensure contracted providers are compliant with all statutes and rules governing the SR and/or
VPK Program(s) and issue corrective action for noncompliance.
3.10. Maximize SR and VPK awareness in the ELC’s service area.
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3.11. Expand access to child care and increase the quality of early childhood care and education
programs.
3.12. Address the needs of families and child care providers facing financial uncertainty due to the
COVID-19 pandemic.
B. Terms and definitions
1. Accountability Monitoring Report – A report that identifies monitoring observations about the
coalition’s overall administration and implementation of early learning programs in the areas of
Coalition Governance (CG), Operations and Program Management (OPM), Child Care Resource
and Referral (CCR&R), Educational Services Delivery (ESD), School Readiness (SR), Voluntary
Prekindergarten (VPK), and Data Accuracy (DA). The report identifies if the coalition was
compliant with service delivery and operational requirements. For non-compliant observations, the
report identifies recommended corrective actions that may include questioned costs resulting in
repayment by the ELC. Additionally, the recommended corrective actions may include submission
of tracking reports/documentation to show implementation of DEL-approved corrective actions
that address repeated non-compliance observations.
2. American Rescue Plan Act (ARPA) – Federal emergency relief bill signed into law on March 11,
2021, aimed at providing economic relief to the nation’s families, workers and businesses. ARPA
included two types of CCDBG funding, child care stabilization grants to provide relief for child
care providers and supplemental CCDF discretionary funds to provide support for families that
need help affording child care.
3. Child Care Authorization Form – A form granting authorization for SR services distributed from
local referring agencies to ELCs for families meeting requirements of SR priorities including:
3.1 A child younger than 13 years of age from a family that includes a parent who is receiving
temporary cash assistance under chapter 414, F.S., and subject to the federal work
requirements or a parent who has an Intensive Service Account or an Individual Training
Account under s. 445.009, F.S.
3.2 An at-risk child younger than 9 years of age.
3.3 A child of a parent who transitions from the work program into employment as described in
s. 445.032, F.S., from birth to the beginning of the school year for which the child is eligible
for admission to kindergarten in a public school under s. 1003.21(1)(c)2., F.S.
3.4 An at-risk child who is at least 9 years of age but younger than 13 years of age. An at-risk
child whose sibling is enrolled in the school readiness program within an eligibility priority
category listed in s. 1002.87(1)(a)-(c)1., F.S., shall be given priority over other children who
are eligible under s. 1002.87(1)(c), F.S.
3.5 A child of a parent who transitions from the work program into employment as described in
s. 445.032 F.S., who is younger than 13 years of age.
4. Child Care Listing – The customized list of child care providers generated from the Single
Statewide Information System (SSIS) that best meet a family’s needs.
5. Child Care Resource and Referral (CCR&R) Network – A free service, offered by resource
and referral programs, for any family living in or preparing to move to Florida that helps families
identify and select quality child care and early education programs and offers consumer education
and community resources. ELCs provide resource and referral services for families and child care
providers in their local areas. These local resource and referral programs:
5.1 Act as the “front door” to families, providing early learning information, referrals, and
community resources.
5.2 Verify legally operating provider information is up to date in its service area within the
SSIS, in accordance with Rule 6M-9.300, F.A.C.
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5.3 Provide consumer education and other information regarding available community resources
and financial assistance programs to all families, including those applying or recertifying for
SR or VPK Programs, families placed on the waitlist for services, and families with children
who have disabilities or special healthcare needs.
5.4 Offer start-up and ongoing training and technical assistance for providers.
6. Child Eligibility – The process of determining eligibility and managing child care placement
services to allow eligible families and children to receive the determined level of child care
services. The ELC or contracted subrecipient determines eligibility for the SR and VPK Programs
and manages the families’ and children’s program participation.
7. Classroom Assessment Scoring System (CLASS
®
, CLASS) – An observation-based program
assessment instrument and associated system which measures teacher-child interactions. CLASS®
is a registered trademark of Teachstone Training, LLC.
8. Coalition Services Portal – The core component of the SSIS is used to process the VPK and SR
applications from the Family Portal and process provider applications, agreements, and attendance
records from the Provider Services Portal.
9. Community Outreach – activities in the CCR&R service area that increase awareness of CCR&R
services, such as involvement in community events, establishing community partnerships,
displaying program materials in public spaces and on social media platforms, and marketing
activities.
10. Community Resources – Refers to financial assistance programs that a family may be eligible for
including SR, VPK, TANF, Low-Income Home Energy Assistance Program (LIHEAP),
Supplemental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC), Head Start and Early Head Start, as well as any service that
a family may qualify for that will support the family’s financial independence, assist with
developmental concerns, and help fill an unmet need.
11. Composite CLASS Score – A score determined by averaging the dimensions (except negative
climate score) of CLASS observations conducted in a random selection of SR -50 percent, VPK –
100 percent of birth to kindergarten entry classrooms by care level at a participating provider. A
provider must meet a minimum threshold to be eligible for an SR or VPK contract.
12. Consumer Education – Information and resources that assist an individual or family in making
informed decisions regarding quality child care.
13. Contracted Slot – A child care slot established within a contract between the ELC or its
subcontractor and an SR provider guaranteeing funding, potentially at an increased provider
payment rate.
14. Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act – A federal
law providing supplemental CCDF funding to prevent, prepare for, and respond to COVID-19,
including serving additional children and families, stabilizing the child care industry, and
supporting incoming kindergarteners.
15. Department of Children and Families (DCF) – State of Florida department statutorily
responsible for the administration of child care regulations throughout Florida.
16. Differential Fee – child care fee charged by a provider to a parent who participates in the School
Readiness Program or any other subsidized child care assistance program that is in addition to the
parent copayment set by the early learning coalition.
17. Direct Enhancement Services – Services for families and children that are in addition to
payments for the placement of children in the SR Program.
18. Direct Services – SR or VPK Program educational services that an approved contracted provider
delivers.
19. Disbursement – Payment made in cash, by check, or via electronic means.
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20. Disenrollment – Removing, either temporarily or permanently, a child from SR Program
participation.
21. Division of Early Learning (DEL) – The lead agency for the CCDF Program and the
governmental entity providing oversight and administration for early learning programs in Florida
consisting of, but not limited to, the SR, CCR&R, Gold Seal, and VPK Programs.
22. Early Learning Coalition (ELC) – Part of a system of statutorily-created local not-for-profit
entities in Florida which implement early learning programs at the local level including, but not
limited to, the SR, CCR&R, and VPK Programs.
23. Early Learning Roundup – Advertised meetings at various locations that the ELC schedules to
register children for the SR and/or VPK Programs.
24. Family Engagement – The systematic inclusion of families as partners in their child’s
development, learning, and wellness, enabled by positive relationships between families and staff
in coalitions and early learning programs.
25. Family Portal – The component of the SSIS through which parents can, at a minimum, register
for an account, prequalify for the SR Program, complete a SR application, complete a VPK
application, request CCR&R services, and manage their family account.
26. Fiscal Monitoring Report – Report which identifies monitoring observations about the ELC’s
overall financial management of early learning programs in the areas of financial management
systems, internal control environment, cash and revenue management, DEL SSIS reporting and
reconciliation (if applicable), prepaid program items (if applicable), cost allocation and
disbursement testing, travel, purchasing, contracting, and subrecipient monitoring. The report
describes if the ELC was compliant with financial management requirements. For non-compliant
observations, the report identifies recommended corrective actions which may include questioned
costs resulting in repayment by the ELC.
27. Gold Seal Quality Care Program (Gold Seal) - Gold Seal recognizes child care facilities and
family day care homes that have gone above the required minimum licensing standards to become
accredited by approved associations whose standards reflect quality in the level of care and
supervision provided to children. Gold Seal is not an accreditation, but a designation for providers
with potential benefits to those that participate, such as certain tax exemptions and increased
reimbursement rates through the SR Program.
28. Grant Manager – DEL’s employee responsible for enforcing the performance of agreement terms
and conditions and the ELC’s employee responsible for compliance with the agreement terms and
conditions. The grant managers serve as the primary point of contact for this agreement through
which agreement information flows between DEL and the ELC.
29. Inclusion Warm-Line Services – A free support, information, and referral service regarding the
inclusion of children with special needs and/or disabilities. This service is available to any early
care and education provider or parent.
30. Monitoring – Actions, activities, and practices DEL and the ELC use to determine that funds are
used and programs are operated in accordance with applicable federal and state statutes, rules,
regulations, and DEL Program Guidance.
31. Notice of Award (NOA) – The official legally binding award document issued to the ELC by
DEL that: (1) notifies the ELC of the level of funding awarded under this agreement; (2) contains
or references all the terms and conditions of the funding, including the award service period,
targeted funds, and restrictions; and (3) provides the documentary basis for recording the
obligation of funds awarded under this agreement in the ELC and DEL accounting systems.
32. Obligations – The amounts for orders placed, contracts awarded, services received, or for similar
transactions during the agreement period, which require payment during the same or a future
period.
33. Other Cost Accumulator (OCA) – Indicators for tracking state and federal fund expenditures.
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34. Preschool Development Grant Renewal (PDG-R) – Federal grant designed to fund states to
conduct a comprehensive statewide birth through five needs assessment followed by in-depth
strategic planning, while enhancing parent choice and expanding the current mixed delivery
system consisting of a wide range of provider types and settings, including child care centers and
home-based child care providers, Head Start and Early Head Start, state prekindergarten, and home
visiting service providers across the public, private, and faith-based sectors.
35. Prior Approval – DEL’s written approval evidencing consent before the ELC undertakes certain
activities or incurs specific costs per 2 CFR Part 200 and DEL Program Guidance 240.05 – Prior
Approval.
36. Program Income – Additional revenues available for grant purposes which have been earned as a
result of a grant-funded activity or as a result of the grant agreement. Program income includes,
but is not limited to, income from fees for services performed (e.g., background screenings,
training workshops), funds generated from the use or rental of real or personal property acquired
under federally funded projects, the sale of commodities or items fabricated under an award,
license fees and royalties on patents and copyrights, and interest on loans made with award funds.
36.1 Program income funds must be spent in the program period earned and before additional
grant program funds are requested for reimbursement from DEL.
36.2 Costs incident to the generation of program income may be deducted from the additional
revenues to determine program income, provided these costs have not been charged to the
award. Deductions of such costs require prior approval from DEL.
37. Provider Services Portal – The component of the SSIS through which providers can, at a
minimum, register for an account, complete Form DEL-SR 20, Statewide School Readiness
Provider Contract, complete Form DEL-VPK 20, Statewide Voluntary Prekindergarten Provider
Contract, and associated forms, complete their provider profile and annual update process, review
and/or edit attendance rosters, and submit attendance rosters to the ELC for payment processing.
38. Quality Improvement Plan (QIP) – A targeted 12-month plan to improve program quality using
performance goals and strategies.
39. Quality Performance System (QPS) – A web-based system funded by DEL where SR child care
providers activate accounts and register for program assessments. The system uses data from the
SSIS and SR provider input to create a record of each provider including their list of teachers and a
director, classrooms and classroom assignments. Additionally, SR providers on a QIP upload
evidence of completion in the system to satisfy QIP requirements. See
https://qps.floridaearlylearning.com/.
40. School Readiness (SR) Child Assessment – The act of conducting an observation-based child
assessment in accordance with DEL Program Guidance 420.03 and Rule 6M-4.500, F.A.C., using
a DEL-identified child assessment instrument meeting the requirements set forth in s. 1002.82(2),
F.S.
41. School Readiness (SR) Match Program - The SR Match Program extends the provision of
services to low-income families at or below 200 percent of the federal poverty level (FPL) as long
as the income does not exceed 85 percent of the state median income (SMI). Local matching funds
can be derived from local governments, employers, charitable foundations, and other sources so
that Florida communities can create local partnerships focused on using the state and local funds
for direct services and expanding the number of child care slots. To be eligible for funding, an
ELC must match state funds on a dollar-for-dollar basis. The Division shall establish procedures
for the match program that shall include giving priority to ELCs whose local match complies with
federal CCDBG matching requirements. The program’s annual budget, fund distributions, and
policy decisions about administering the program are prepared at the state level. At the local level,
ELCs make funding decisions, administer the program, manage contributions, and determine
eligibility for families who want to participate.
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42. School Readiness (SR) Program – The SR Program offers financial assistance to eligible families
for early childhood care and education so they can become financially self-sufficient, and their
young children can be successful in school in the future. The SR Program is also responsible for
the quality enhancement/improvement of early learning providers/practitioners.
43. School Readiness Program Assessment (SRPA) – Required under s. 1002.82(2), F.S., and in
accordance with 6M-4.740 F.A.C., and Form DEL-SR 740 Program Assessment Requirements
Handbook, an SRPA measures the quality of teacher-child interactions as evidenced by a CLASS
composite score.
44. School Readiness (SR) Program Plan (Coalition Plan) – The document outlining how the ELC
will implement the delivery of the SR Program in its local service area. Section 1002.85(2), F.S.,
and Rule 6M-9.115, F.A.C., specify the plan’s required components.
45. School Readiness (SR) Provider – A provider within the ELC’s county or multi-county region
eligible to deliver and under contract to provide the SR Program under s. 1002.88, F.S.
46. Single Point of Entry (SPE) – An integrated information system established under s. 1002.81(13),
F.S., that allows a parent to enroll his or her child in the SR or the VPK Program at various
locations throughout a county, that may allow a parent to enroll his or her child by telephone or
through a website, and that uses a uniform waiting list to track eligible children waiting for
enrollment in the S R Program. SPE is part of the SSIS.
47. Single Statewide Information System (SSIS) – The DEL-designated single statewide
information system used to capture and provide critical information to early learning coalitions,
parents, partners, and providers, consisting of the Family Portal, Provider Services Portal, and
Coalition Services Portal.
48. Subrecipient – A non-state entity which receives federal/state financial assistance directly from
DEL or the ELC to provide goods and/or services that demonstrate the contract relationship
characteristics 2 CFR § 200.331, Subrecipient and contractor determinations, describes.
49. Vendor/Contractor – A dealer, distributor, merchant, or other seller providing goods or services
required for the performance of the agreement. These goods or services may be for an
organization's own use or for the use of beneficiaries of the agreement. 2 CFR § 200.331,
Subrecipient and contractor determinations, describes the characteristics defining a
vendor/contractor relationship.
50. Voluntary Prekindergarten (VPK) Education Program – A free educational program described
in 1002.53, F.S., that prepares age-eligible children for success in kindergarten and beyond. To be
eligible, children must live in Florida and be four (4) years old on or before September 1 of the
program year. Parents whose children are born from February 2 through September 1 of a calendar
year may choose to enroll their child in the VPK Program in either that year or the year their child
turns five (5). The program helps children develop skills and knowledge consistent with the
performance standards adopted for use in the VPK Program.
51. VPK Provider – A private prekindergarten provider within the ELC’s county or multi-county
region eligible to deliver and under contract to provide the school-year prekindergarten program
under s. 1002.55 or the summer prekindergarten program under s. 1002.61; or a traditional public
school or a charter school eligible to deliver the school-year prekindergarten program under s.
1002.63 or the summer prekindergarten program under s. 1002.61.
52. VPK Specialized Instructional Services (SIS) Education Program – A program which takes
place outside of a traditional classroom setting and is designed for four-year-olds with special
needs who have current individual educational plans from local school districts. Services are
offered in individual or small group settings with a certified or licensed professional trained to
provide specific instruction.
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53. WELS – The web-based early learning system that serves as the early learning classroom support
system. For SR Programs, data transfers between the QPS and WELS; for VPK Programs, data
transfers between the Provider Portal and WELS. CLASS observers enter observation data in
WELS and generate an SR or VPK program composite score for each provider. For SR Programs,
the composite score then transfers back to the QPS where it is viewable to the provider and system
users. For VPK Programs, the composite score then transfers back to the Provider Portal where it
is viewable to the provider and system users.
C. Manner of service provision
The ELC or its subrecipient shall perform the services of this section in accordance with the
service period stated in the NOA and as reflected in Exhibit VII.
1. Website
1.1. The ELC shall have and maintain a public-facing website current with SR and VPK Program
information in accordance with DEL Program Guidance 600.01 – Child Care Resource and
Referral Program Requirements.
1.2. The ELC’s website home page and the contracted CCR&R organization, if applicable, shall
clearly display at a minimum, a brief description of CCR&R family and provider services,
the primary family and provider telephone number(s), and hours of operation in accordance
with Rule 6M-9.300(4)(b), F.A.C. Additionally, the ELC must maintain a form of outreach
and awareness within its service area that includes a statement of CCR&R and services
offered through the program.
1.3. The ELC shall provide direct access from the home page of its website for providers and
parents to apply for SR and VPK Programs (no more than one mouse-click from the
coalition's home page of its website to get to the Family and Provider Services Portals).
1.4. The ELC will verify monthly that its contact information on its webpage is accurate.
1.5. The ELC shall notify DEL at [email protected]:
1.5.1. Twenty-four (24) hours prior to any changes in its URL.
1.5.2. Forty-eight (48) hours prior to any planned disruption or maintenance in its URL.
1.5.3. Within twenty-four (24) hours of an unintended service disruption in its URL.
2. SSIS and SPE data, reporting, and security
2.1. The ELC shall utilize the Coalition Services Portal to process:
2.1.1. SR electronic applications and manage the SR waiting list in compliance with Rule
6M-4.300, F.A.C.
2.1.2. VPK electronic applications in compliance with Rule 6M-8.201, F.A.C.
2.1.3. Provider accounts, SR and/or VPK contracts, attendance rosters, and provider
reimbursements.
2.2. The ELC shall review submitted SR and VPK applications within twenty (20) calendar days
of submission. The ELC shall notify the parent if the eligibility criteria have or have not been
met or to request additional information within twenty (20) calendar days of the submitted
application.
2.3. The ELC shall use the SSIS to verify and document each parent/guardian and child’s
potential eligibility in the “Waiting” status at least once every six (6) months based on the
parent/guardian’s last revalidation date.
2.4. The ELC shall verify that notifications of revalidation requirements are sent to families at
least thirty (30) calendar days before the revalidation date. The ELC shall document that
families who do not revalidate eligibility are removed from the waiting list.The ELC shall
designate at least one (1) system administrator to manage coalition user and coalition
administrator accounts (user accounts) for the Coalition Services Portal. The ELC shall
manage user accounts at the local level. Only current staff members may hold user accounts
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and may not share accounts.
2.5. The ELC shall use the DEL-established SSIS for managing the single point of entry process
and waiting list, tracking children’s progress, coordinating services among stakeholders,
determining child eligibility, reflecting child enrollment in the SR and VPK programs,
tracking child attendance, and streamlining provider administrative processes.
2.6. The ELC shall verify and document monthly in the SSIS that the ELC included all legally
operating early learning providers within the ELC’s service area listed in the DCF Child Care
Administration, Regulation and Enforcement System (CARES).
2.7. The ELC shall verify and document monthly that the ELC reconciled its financial records for
child care provider payments between the ELC accounting system and the SSIS. The ELC
shall reconcile within sixty (60) days after the close of each monthly reporting period.
2.8. The ELC shall comply with DEL:
2.8.1. Standard codes and definitions for all early learning programs contained in the SSIS.
2.8.2. Data correction requests or data cleansing activities within the agreed upon time
frames.
2.8.3. Required data analysis, definition, and standardization activities within the agreed
upon time frames.
2.9. The ELC shall provide DEL permanent access to any server the ELC uses locally to host the
SSIS to meet data reporting requirements and access to information the ELC or its
contractors maintain in any information system for services provided under this agreement.
The ELC and its contractor shall provide data in an approved machine-readable format, if
necessary and upon request.
2.10. The ELC shall communicate to DEL any enhancement requests to the DEL SSIS in writing
via the DEL Support Portal until notified of a different process by DEL.
2.11. The ELC shall participate in SSIS conference calls.
2.12. The ELC shall communicate any SSIS-related issues via the DEL Support Portal until
notified of a different process by DEL.
2.13. The ELC shall ensure the security of all early learning program management data systems
and the confidentiality of data stored in these systems pursuant to Chapter 815, F.S., the
Florida Computer Crimes Act. This includes data systems DEL provides and maintains and
all other data systems the ELC purchases, contracts for, or creates.
2.14. The ELC shall comply with DEL Program Guidance 101.02 – Records Confidentiality, and
60GG-2 State of Florida Cybersecurity Standards. The ELC shall ensure each coalition
employee or other individual(s) with access to confidential information completes and signs
DOE Acceptable Use Policy Form (SharePoint>Coalition Zone>Finance & Budget
Administration>Guidance, Memos, Training and Presentations> 2022-23 AUP Acceptable
Use Policy), prior to having access to the confidential information, and the ELC shall retain
this form on file.
2.15. The ELC shall participate in routine DEL-conducted data security reviews.
3. CCR&R network
3.1. The ELC shall establish and maintain at least one CCR&R organization in the ELC’s county
or multicounty region to provide information and access to child care, community resources,
and consumer information without showing preference or bias for or against any type of
individual child care provider. The CCR&R organization shall ensure staff are trained to
assist parents on how to identify quality programs and in making informed choices in
compliance with program requirements established by the CCR&R State Network and Rule
6M-9.300, F.A.C.
3.2. The ELC shall provide CCR&R organization location(s) and days and hours of operation in
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Exhibit V and services in accordance with Rule 6M-9.300, F.A.C.
3.3. If the CCR&R organization is closed at any time during standard business hours, the
CCR&R organization shall provide a message on its family services phone line and home
page of its website with its hours of operation and the contact information for an alternative
organization that can assist families in an emergency situation, in accordance with Rule 6M-
9.300(5)(c), F.A.C., to include 211 or another organization that provides community
resources.
3.4. The CCR&R organization shall provide to all individuals requesting services, and who do not
decline child care provider listings, information on financial assistance programs, community
resources, and consumer information within two (2) business days of the request date, and in
the format requested by the individual. The child care provider listings shall consist of at
least six (6) providers matching the criteria outlined in Rule 6M-9.300(6), F.A.C. The
CCR&R organization must document when fewer than six (6) providers match the family’s
criteria.
3.5. The CCR&R organization shall maintain documentation of phone records, office visit sign-in
logs, completed customer surveys, and applications.
3.6. The CCR&R organization shall document each request for CCR&R services on the CCR&R
Family Intake Form available in the SSIS. The ELC shall pull monthly the Tableau CCR&R
Contacts and Case notes Report to monitor customer intakes completed by CCR&R staff.
3.7. The CCR&R organization shall ensure all CCR&R requests for child care listings, consumer
education, and community resources are properly entered into the SSIS. The ELC shall
develop written procedures to align with the CCR&R requirements as outlined in Rule 6M-
9.300 (11), F.A.C., DEL-established procedures outlined in the most current CCR&R
guidance documents, and SSIS User Guides on generating child care listings and providing
consumer education and community resources to individuals requesting services. Information
recorded in the SSIS for CCR&R customer data shall include:
3.7.1. The number of calls and contacts to the CCR&R organization by type of service
requested.
3.7.2. Age of children or child’s date of birth for whom services are requested.
3.7.3. Location, day, and time for needed child care services.
3.7.4. The type of program requested such as child care center, family child care home,
before-school and after-school program, summer recreation and summer day camp
program, and recreational facility.
3.7.5. Child’s special need, if applicable.
3.7.6. Family’s primary language, if not English.
3.7.7. Reason for care.
3.7.8. Other services offered by providers, as requested by the family.
3.8. The ELC shall designate a DEL-certified CCR&R Coordinator to serve as the point of
contact for the CCR&R State Network. To comply with Rule 6M-9.300(10), F.A.C., the
designated coordinator must be certified through successful completion of the CCR&R
Coordinator Evaluation and CCR&R Specialist Evaluation within four (4) months of being
designated or employed as the coordinator. Designated trainers for the CCR&R program, if
not the coordinator, must comply with the coordinator training requirements.
3.9. The CCR&R organization shall ensure all CCR&R staff, including staff in blended positions
who provide CCR&R services, are trained in customer service, consumer education,
community resources, and available types of child care and early learning providers and
programs, specific to their service area, and have successfully completed the CCR&R
Specialist evaluation within four (4) months of employment as a CCR&R Specialist.
3.10. The ELC shall upload to SharePoint/Coalitions Zone and email notice to the CCR&R State
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Network office a completed CCR&R ELC Staff List:
3.10.1. Within five (5) business days of a change in the designated CCR&R Coordinator.
3.10.2. Each time updates are made all previous versions should remain on SharePoint as
previously submitted staff lists. Staff lists may not be changed or removed from the
designated location once submitted.
3.10.3. By the last business day in August and carefully review each section and field for
accuracy before submitting.
3.11. The designated CCR&R coordinator or other CCR&R staff shall participate in DEL CCR&R
conference calls and webinar trainings as scheduled. If the designated CCR&R coordinator
cannot participate in a conference call or training, the coordinator must review minutes from
the conference call or training, as applicable. As ELC funds allow, designated CCR&R staff
shall also attend DEL regional or statewide training.
3.12. The ELC’s CCR&R data shall identify all legally operating child care and early childhood
education providers within its service area. These shall, if appropriate, include any child care,
early learning, or school-age provider that is either licensed, registered, or has a qualifying
exemption from licensure from the Department of Children and Families, including before-
school and after-school programs, summer recreation and summer day camp programs, and
recreational facilities.
3.13. The ELC shall, at a minimum, annually verify accuracy of and approve updated provider
information housed in the SSIS. The request for updated information begins January 1 and
ends May 31. Any updates made by a provider outside this period requires approval by the
ELC within fifteen (15) calendar days of being submitted by the provider in the SISS. At a
minimum, the ELC shall ensure the following information is updated for each provider, as
applicable:
3.13.1. Type of program
3.13.2. Contact information.
3.13.3. Gold Seal and accreditation status, if applicable.
3.13.4. Quality rating.
3.13.5. Program schedule.
3.13.6. Ages served.
3.13.7. Group sizes and ratios.
3.13.8. Enrollment information.
3.13.9. Private pay rates charged.
3.13.10. Registration, differential, and other fees charged.
3.13.11. Environment.
3.13.12. Special services offered.
3.13.13. Languages other than English spoken fluently by the provider’s staff.
3.13.14. Transportation.
3.13.15. Meal options.
3.13.16. Family discounts.
3.13.17. Legal operating status.
3.13.18. Participation in the Child Care Food Program.
3.13.19. A link to licensing inspection reports.
3.13.20. The components of the VPK Program performance metric calculated under s.
1002.68, F.S.
3.13.21. The SR composite program assessment score and program assessment care level
composite score results under s. 1002.82 F.S.
3.13.22. Implementation of a DOE-approved curriculum and the name of that curriculum.
3.13.23. Participation in SR child assessment under s. 1002.82, F.S.
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3.13.24. The average annual costs associated with curriculum, materials, food, maintenance,
and any regulatory fees or operational costs per child under Section 1002.895(6)(b),
F.S., if applicable.
3.14. Contracted and non-contracted, child care facilities licensed under Section 402.305, F.S., and
licensed, and registered family day care homes must, at a minimum, provide the following
information annually: type of program, hours of service, ages of children served, fees and
eligibility for services and data required under Section 1002.895, F.S., pursuant to Section
1002.92(4), F.S.
3.15. The CCR&R organization shall provide families and employers information and guidance on
subsidy programs and other financial assistance including, but not limited to, the VPK
Program, the SR Program, Head Start Programs, private funding programs, the federal child
and dependent care tax credit, consumer education, and other statewide or local community
resources.
3.16. The CCR&R organization may conduct the following outreach and awareness activities to
promote the CCR&R, SR and VPK Programs at the local level. (See DEL Program Guidance
250.01 for OCA definitions and instructions for invoicing these activities to the appropriate
grant funding source.)
3.16.1. CCR&R, SR and VPK local planning and implementation for:
3.16.1.1. Increased capacity for information technology, initial provider and child
registration, and planning.
3.16.1.2. Public awareness of the CCR&R, SR and VPK Programs and initial
registration, including:
3.16.1.2.1. Electronic media campaigns, including television, radio spots,
and electronic billboards.
3.16.1.2.2. Print media, including newspaper ads, magazines, flyers, and
billboards.
3.16.1.2.3. Early learning roundups.
3.16.1.2.4. Conference participation promoting CCR&R services, and the
SR and/or VPK Programs, including information booths and
speaking engagements.
3.16.2. Curricula and materials, including those made available to providers.
3.16.3. SR and VPK local training, including for ELC staff, contractors, and providers.
3.17. The CCR&R organization shall also develop and maintain a directory of community
resources which, at a minimum, contains parent education programs in accordance with Rule
6M-9.300(7)(b), F.A.C, financial assistance programs including the temporary cash
assistance program, and related community and social services resources in accordance with
Rule 6M-9.300(7)(c), F.A.C. The directory may be maintained in a format which best meets
the CCR&R organization needs. Resource directory elements shall include, but are not
limited to, the following:
3.17.1. Community services for each county within the CCR&R organization’s service area.
3.17.2. Federal and state financial assistance programs.
3.17.3. Federal, state, and local partners, including state agencies and social services
organizations.
3.17.4. Child healthcare.
3.17.5. Child welfare and abuse.
3.17.6. Services for children with special needs or developmental disabilities, such as
developmental screenings or assessments.
3.17.7. Resources provided by the Division of Early Learning or identified through
collaboration with other entities.
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3.17.8. Other resources as needed and appropriate to the specific needs of the individual
family.
3.18. To comply with Rule 6M-9.300(3)(a), F.A.C., the CCR&R organization will assist all
families requesting SR, VPK or CCR&R services with identifying local community
resources, accessing consumer education, identifying summer camp programs, and
identifying creative child care options or other special arrangements with providers.
3.19. The CCR&R organization shall offer ongoing training and technical assistance to employers
to improve their community child care resources, consumer education knowledge, and their
ability to support working families.
3.20. The CCR&R organization shall submit to DEL any data, plans, reports, and CCR&R
Specialist and Coordinator evaluations necessary for administering the CCR&R program
according to the requirements DEL establishes. No later than the last business day in August,
the CCR&R organization shall annually submit an Accessibility Report and Family
Engagement and Community Outreach Plan pursuant to Rule 6M-9.300(4)(a), F.A.C,
identifying how CCR&R services are made available to families and providers within its
service area, including individuals who have limited access to telephone services, internet
services, or transportation, including its plan for family engagement and community
outreach. The report shall be submitted in the format designated annually by the DEL.
3.21. The CCR&R organization shall complete quality assurance assessments (QAA) on fifty (50)
percent of its CCR&R staff by December 31 and complete assessments on the remaining fifty
(50) percent of CCR&R staff by June 30. DEL permits the CCR&R organization to assess
more than fifty (50) percent of their staff prior to December 31. The CCR&R organization
shall retain QAA completion data for each CCR&R staff member on the staff list in
accordance with Rule 6M-9.300(10)(d), F.A.C.
3.22. The CCR&R organization shall establish written procedures for training CCR&R staff on
serving families and providers, including offering technical assistance to providers,
monitoring CCR&R program data, completing provider updates, and completing CCR&R
customer intakes in the single statewide information system, in accordance with Rule 6M-
9.300(11), F.A.C.
4. Inclusion Warm-Line
4.1. In accordance with s. 1002.82(2)(u), F.S., and Rule 6M-4.720, F.A.C., the ELC shall
administer Inclusion Warm-Line services for receiving and responding to technical
assistance requests related to the inclusion of children with disabilities and other needs.
These services shall include, at a minimum:
4.1.1. Concern identification, concern analysis, intervention implementation, plan evaluation
and referrals to early intervention services or specialized care, if applicable.
4.1.2. Written notification, including areas identified through the screening which are of
concern and local contact information for the appropriate referral agency, to the parent
of a child who receives a referral.
4.1.3. An offer to contact the appropriate referral agency and documentation by the ELC of
the parent’s choice of “yes” or “no,” indicating the choice regarding receipt of
additional help, the name of the parent, the date, and the child’s name.
4.1.4. Information that empowers parents to become partners in their child’s learning.
4.2. The ELC shall participate in DEL conference calls and webinar trainings as scheduled. If an
ELC representative cannot participate in conference calls, an ELC representative must review
minutes from the conference call. As ELC funds allow, designated staff shall also attend
DEL regional or statewide training.
4.3. The ELC CCR&R Specialists shall maintain documentation in the SSIS for referring families
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and providers to the Inclusion Warm-Line services in accordance with Rule 6M-9.300(9),
F.A.C. Inclusion coordinators or staff shall maintain documentation of phone records, emails,
office visit sign-in logs, completed surveys and assessments, follow-up assistance case notes,
and accurately completed personnel activity reports for inclusion services offered.
5. SR Program
5.1. SR child eligibility
5.1.1. The ELC shall determine eligibility for children to receive the determined level of
child care services in accordance with s. 1002.87, F.S., and Rules 6M-4.200, 6M-
4.208, 6M-4.300, and 6M-4.400, F.A.C.
5.1.2. Upon receipt of a Child Care Authorization Form for child care services for at-risk
children or children of families receiving TANF or transitioning off TANF, the ELC
shall act upon the Child Care Authorization Form within ten (10) calendar days of
receipt to determine eligibility for SR services. The ELC shall validate the Child Care
Authorization Form through direct contact with the referring entity. The ELC
validation shall be documented in the SSIS and include the name of the contact
person from the referring entity.
5.1.3. The ELC shall make eligibility determinations for new and redetermination applicants
within ten (10) calendar days of receipt of the application and supporting
documentation.
5.1.4. The ELC shall record the following data items in the SSIS which includes, but are not
limited to, the following:
5.1.4.1. Child Care Authorization Form (if applicable).
5.1.4.2. Authorized care hours.
5.1.4.3. Eligibility period and redetermination date.
5.1.4.4. Child’s age.
5.1.4.5. Residency.
5.1.4.6. U.S. citizenship/immigration status of child.
5.1.4.7. Family unit income.
5.1.4.8. Family unit size.
5.1.4.9. Maximum family unit income threshold.
5.1.4.10. Parent copayment.
5.1.4.11. Parent copayment reduction or waiver, if applicable.
5.1.4.12. Eligibility and billing groups.
5.1.4.13. Demographics.
5.1.4.14. Purpose for care.
5.1.5. The ELC shall verify, document, and maintain in the child file the citizenship and
immigration status of SR participants (children). Participants must be determined to
be U.S. citizens, U.S. noncitizen nationals, or qualified aliens. Note: These citizenship
and immigration status verification requirements do not apply to children benefiting
from programs subject to Head Start Performance Standards with combined Head
Start and CCDF funding support.
5.1.6. Upon determining eligibility, the ELC shall assist families with selecting providers,
based on parental choice, and complete a payment certificate. To comply with the
approved CCDF State Plan, the ELC shall use the child care payment certificate
process for payments to eligible providers for SR Program services. If a parent
chooses a provider the ELC has not yet determined eligible to provide SR services,
the ELC shall coordinate with the provider to determine the provider’s eligibility and
interest in providing SR services.
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5.1.7. Once a parent has selected a provider, the ELC shall provide the parent with the
consumer statement that contains the following information:
5.1.7.1. Link to DCF CARES system where the parent can locate specific
information about the selected provider, including health and safety
requirements met by the provider, any licensing or regulatory requirements
met by the provider, the provider’s inspection and violation history, and any
voluntary quality standards met by the provider.
5.1.7.2. A description of how CCDF subsidies are designed to promote equal access.
5.1.7.3. Instructions on how to submit a complaint through DCF’s hotline.
5.1.7.4. Instructions on how to contact local CCR&R organization for information
regarding other community-based supports.
5.1.8. The ELC or its designee must conduct internal file monitoring activities to ensure the
accuracy of eligibility determinations in accordance with Rule 6M-4.208(1), F.A.C.
All child eligibility documentation shall be maintained by the ELC.
5.2. Management of SR child care placements
5.2.1. The ELC shall manage child care services for each SR participant and, if applicable,
provide case management for at-risk children. The ELC shall determine and
document all initial child eligibility and redeterminations in accordance with s.
1002.87, F.S., and Rules 6M-4.200, 6M-4.208, 6M-4.300, and 6M-4.400, F.A.C.
5.2.2. The ELC shall verify and document the child care service to be delivered, including
the correct care level by the approved provider, appropriate payment, and appropriate
payment adjustments.
5.2.3. The ELC shall verify and document receipt and review of child care attendance
records. The ELC shall conduct and document follow-up with SR participants and
child care providers regarding child absences of five (5) consecutive days with no
parent contact once notified by the provider in accordance with Rule 6M-4.500,
F.A.C. Once notified by the provider that a child has ten (10) unexplained absences
during a total month of attendance, with no parent contact, the ELC shall send a
notice of termination to the parent and SR provider at least two (2) weeks prior to
disenrollment pursuant to Rule 6M-4.200, F.A.C. If the authorized eligibility period
ends in less than two (2) weeks, the notice of disenrollment will be sent stating that
services will end the last day of the current eligibility period.
5.2.4. Upon receiving notification by a SR provider that an at-risk child under the age of
school entry has an unexcused absence or seven (7) consecutive days of excused
absences, the ELC shall document any contact made with the provider, referring
agency, and parent in the case file in accordance with Rule 6M-4.500(4)(c)(2)(e),
F.A.C. An at-risk child may not be disenrolled from the program without the written
approval of the Child Welfare Program Office of the Department of Children and
Families or the community-based lead agency.
5.2.5. The ELC shall verify and document that the authorized provider received the required
parent copayment or established a repayment plan in the event of an SR participant’s
transfer request.
5.2.6. The ELC shall verify and document each child’s eligibility no less than annually in
accordance with s. 1002.84(8), F.S.
5.2.7. The ELC shall manage child attendance and provider reimbursement, including
setting reimbursement rates in accordance with Rule 6M-4.500, F.A.C.
Reimbursement rates and any subsequent changes to those rates shall be established
in the ELC’s approved School Readiness plan in accordance with Rule 6M-9.115,
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F.A.C.
5.3. SR provider eligibility and contracting
5.3.1. The ELC shall conduct or cause to be conducted a program assessment or second
program assessment in accordance with Program Assessment Requirements
Handbook (Form DEL-SR 740) incorporated in Rule 6M-4.740, F.A.C., on all SR
providers notifying the ELC and seeking to contract with the ELC to deliver child
care services during the grant agreement service period.
5.3.2. The ELC shall verify and determine eligibility of SR providers in accordance with the
provider eligibility requirements detailed in Form DEL-SR 20, Statewide School
Readiness Provider Contract, and DEL Program Guidance 420.03 – SR Quality
Performance. The ELC shall not impose additional eligibility requirements beyond
those requirements detailed in Form DEL-SR 20, Statewide School Readiness
Provider Contract, and DEL Program Guidance 420.03 – SR Quality Performance.
5.3.3. The ELC shall annually execute Form DEL-SR 20, Statewide School Readiness
Provider Contract, with eligible SR providers in accordance with Rule 6M-4.610,
F.A.C.
5.4. SR program curriculum
The ELC shall monitor SR providers for compliance with Rule 6M-4.710, F.A.C., using
Form DEL-SR 20M, Statewide School Readiness Provider Contract Monitoring Tool
incorporated by Rule 6M-4.630, F.A.C..
5.5. Developmental screening
5.5.1. The ELC shall establish and implement an age-appropriate developmental screening
process with parental consent meeting the requirements of Rule 6M-4.720, F.A.C.
5.5.2. The ELC shall coordinate with parents and providers to complete an initial screening
no later than forty-five (45) days after the child’s first enrollment in the SR program
or subsequent enrollment after termination or withdrawal, in compliance with Rule
6M-4.720(2).
5.5.3. If the ELC coordinates with providers to complete screenings, the provider shall
review the electronic notification of each child that must be screened using the SSIS.
In the event the SSIS is non-operational, the ELC shall provide written or electronic
notification in compliance with Rule 6M-4.720(2)(d), F.A.C.
5.5.4. The ELC shall document all initial screening efforts, including a parent declining or
waiving screening. Such screening shall not be a requirement of entry into the SR
Program and shall only be given with parental consent in accordance with s.
1002.84(5), F.S.
5.5.5. The ELC must verify that families have received the screening results in in
compliance with Rule 6M-4.720(2)(e), F.A.C.
5.5.6. The ELC shall verify all screening score data, regardless of who completed the
screening, is entered in the SSIS in compliance with Rule 6M-4.720(2)(e), F.A.C.
5.5.7. The ELC shall initiate concern-specific intervention practices, including referrals, in
compliance with Rule 6M-4.720(5), F.A.C.
5.5.8. For each of the ELC’s SR providers who have agreed in their Statewide School
Readiness Provider Contract, Form DEL-SR 20, to conduct screenings for enrolled
children in accordance with Rule 6M-4.720, F.A.C., the ELC shall include
documentation of all records of screening notifications sent before the screening due
date, documented attempts by the ELC to notify the provider of past due screenings,
and any corrective actions implemented to address the non-compliance.
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5.6. SR direct enhancement (quality) services
5.6.1. Pursuant to s. 1002.83(1), F.S., the ELC shall maintain direct enhancement services at
the local level.
5.6.2. Pursuant to s. 1002.81(4), F.S., direct enhancement services for families and children
may include:
5.6.2.1. Supports for providers, including quality enhancement/improvement
supports.
5.6.2.2. Parent training and involvement activities, including activities to promote a
higher level of family engagement.
5.6.2.3. Strategies to meet the needs of unique populations and local eligibility
priorities, including supports for creating inclusive environments, support for
serving diverse populations of children, support for trauma-informed care,
and grants to incentivize serving these populations.
5.6.3. The ELC shall provide in its SR Program Plan, via the Quality Activities and Services
plan element, a detailed description of how it will deliver direct enhancement services
in a manner consistent with the activities described in s. 1002.89(4)(b), F.S. which
can be measured by program assessment, professional development, and formative
child assessment.
5.6.4. The ELC shall provide professional development support activities, as defined by
DEL’s approved CCDF State Plan, including conducting communities of practice,
coaching, technical assistance, and training.
5.7. Quality Improvement Plan (QIP) management
In accordance with Rule 6M-4.740, for any SR provider the ELC has determined is required
to complete a QIP as a condition to contracting with the provider, the ELC shall manage the
provider’s completion of the QIP in accordance with the provider’s Statewide School
Readiness Provider Contract, Exhibit 3: Quality Improvement Plan Selection, and DEL
Program Guidance 420.03 – SR Quality Performance.
5.8. Child assessment management
In accordance with DEL Program Guidance 420.03 – SR Quality Performance, for each SR
provider that the ELC determines to meet minimum qualifications, and that elects to conduct
child assessments in accordance with Rule 6M-4.500, F.A.C., and the Statewide School
Readiness Provider Contract, the ELC shall monitor for:
5.8.1. Child assessment compliance.
5.8.2. Minimum average of reliable child assessor compliance.
5.8.3. Ensuring only eligible children receive child assessments.
5.8.4. Ensuring differentials are only paid for eligible children who receive completed
assessments during the appropriate Assessment Period.
5.9. Transportation services
Pursuant to Chapter 427, F.S., the ELC may contract for transportation services for children
at risk of abuse or neglect who are participating in the SR Program, if authorized by DEL.
The transportation services may only provide transportation to each child participating in the
SR Program to the extent such transportation is necessary to provide child care opportunities
that otherwise would not be available to a child whose home is more than a reasonable
walking distance from the nearest child care facility or family child care home (s. 1002.93,
F.S.).
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5.10. Health and safety violations management
The ELC shall comply with the health and safety violation enforcement procedures outlined
within the Statewide School Readiness Provider Contract, and Rules 6M-4.610, 6M-4.620,
and 6M-9.115, F.A.C.
6. SR Match Program
6.1. An ELC with committed matching funds on a dollar-for-dollar basis may apply to participate
in the SR Match Program. Upon DEL’s acceptance of the application and receipt of SR
Match funding on the ELC’s NOA, the ELC agrees to comply with DEL Program Guidance
440.10 – Match Reporting.
6.2. The ELC shall comply with DEL timelines and instructions to develop and submit for
consideration an SR Match Program funding application for serving parents and children in
the local service area.
6.3. The ELC shall determine parent/guardian and child eligibility for SR Match funding. Initial
eligibility is limited to low-income working parents whose family income does not exceed
200 percent FPL as long as the income does not exceed 85 percent SMI.
6.4. The ELC must receive local SR matching funds before expending state matching funds and
shall document receiving and expending SR Match contributions in the SSIS.
7. VPK Program
7.1. VPK child eligibility and enrollment
7.1.1. The ELC shall use the SSIS as the source to receive applications for VPK Program
participation.
7.1.2. The ELC shall verify and determine child eligibility for VPK and VPK SIS based on
the requirements in Rules 6M-8.201 and 6A-6.03033, F.A.C.
7.1.3. The ELC shall ensure VPK SIS providers are approved by DEL as required by s.
1002.66, F.S.
7.1.4. Upon determining child eligibility, the ELC shall issue a Certificate of Eligibility in
the SSIS. After the provider enrolls the child in their program, the ELC shall finalize
the enrollment in the SSIS in accordance with 6M-8.201, F.A.C.
7.1.5. The ELC shall administer the VPK Program as required by Chapter 6M-8, F.A.C., and
Rule 6A-6.03033, F.A.C.
7.1.6. The ELC shall complete and document the registration and application for each
eligible VPK child as Rule 6M-8.201, F.A.C., establishes.
7.1.7. The ELC shall coordinate with each school district in development of procedures for
enrolling children in VPK programs offered by public schools.
7.1.8. The ELC shall provide each parent access to information on all private and public-
school providers delivering VPK in the county in which the child is enrolling. Provider
profiles must include, at a minimum, the provider’s services, curriculum, instructor
credentials, instructor-to-student ratio, the components of the provider’s performance
metric calculated under s. 1002.68, F.S., in accordance with s. 1002.92(3)(a), F.S.,
based upon the most recent available results.
7.1.9. The ELC may not limit the number of students admitted by any private VPK provider
for enrollment in the program.
7.1.10. The ELC shall accept a school district’s automated daily attendance reporting system
for the purpose of transmitting attendance records in the SSIS format.
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7.2. VPK Program management
7.2.1. The ELC shall verify and document all child eligibility and reenrollment requirements
as specified in Rule 6M-8.201, F.A.C., and Rule 6M-8.210, F.A.C.
7.2.2. The ELC shall verify and document VPK program service delivery, appropriate
payment, and appropriate payment adjustments.
7.2.3. The ELC shall verify and document receipt and review of child attendance records.
7.2.4. The ELC shall follow the requirements of s. 1002.72, F.S., relating to child records in
the VPK Program.
7.3. VPK provider eligibility and contracting
7.3.1. The ELC shall verify that VPK providers contracting with the ELC meet all eligibility
requirements for the VPK Program in accordance with part V of Chapter 1002, F.S.,
and Rules 6M-8.300 and 6M-8.301, F.A.C., before executing Form DEL-VPK 20,
Statewide Voluntary Prekindergarten Provider Contract.
7.3.2. The ELC shall verify that all VPK providers are eligible to participate in the VPK
Program and that any provider removed from eligibility for two (2) but no more than
five (5) years is not contracted with until that period expires.
7.3.3. The ELC shall execute Form DEL-VPK 20, Statewide Voluntary Prekindergarten
Provider Contract, with eligible VPK providers.
7.3.4. The ELC shall execute provider agreements with eligible VPK SIS providers as
specified in Rules 6M-8.500 and 6A-6.03033, F.A.C.
7.3.5. The ELC shall validate documentation submitted by the provider verifying the
eligibility of providers to provide VPK programs and execute contract(s) timely.
7.3.6. The ELC shall verify and document each VPK provider’s (within the ELC’s county or
multicounty region) compliance with part V of Chapter 1002, F.S.
7.3.7. The ELC shall notify DEL if the ELC determines a private provider’s or public
school’s non-compliance with part V of Chapter 1002, F.S., which requires removal of
VPK eligibility per ss. 1002.55(6), 1002.61(10)(b), and 1002.63(9)(b), F.S.
Notification shall include submission of completed template titled “Notice of Intent to
Remove VPK Provider’s or Public School’s VPK Eligibility” to
7.3.8. Upon the direction of DEL, the ELC shall remove the private provider or public school
from eligibility to deliver the VPK Program and receive state funds under part V of
Chapter 1002, F.S., for a period of two (2) but no more than five (5) years if a private
prekindergarten provider fails or refuses to comply with part V of Chapter 1002, F.S.,
or if a provider engages in misconduct.
7.4. VPK program assessment and coordinated screening and progress monitoring
7.4.1. The ELC shall be responsible for the administration of the program assessment in
accordance with s. 1002.68(2). F.S., and Rule 6M-8.621, F.A.C.
7.4.2. The ELC shall monitor private provider’s and public school’s compliance with the
coordinated screening and progress monitoring in accordance with 1002.68(1)(a), F.S.,
and Rule 6M-8.620, F.A.C.
8. PDG-R, Birth through Five
In accordance with the ELC’s DEL-approved application and NOA, the ELC shall:
8.1. Identify and provide mental health and/or social emotional supports for SR and VPK
children, their families, contracted providers, and ELC staff.
8.2. Purchase curriculum and implementation training for SR and VPK providers.
8.3. Provide data and/or reports as required by the application or as requested by DEL.
8.4. Provide other PDG-R activities as may be required.
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D. Coalition administrative responsibilities
1. ELC SR Program Plan (plan)
The ELC shall biennially submit the coalition SR Program plan in accordance with s. 1002.85,
F.S., and Rule 6M-9.115, F.A.C. The ELC shall submit amended plan elements and plan
amendments as frequently as necessary to DEL, including a Budget Report, a Revenue and
Expenditure Report, a Parent Sliding Fee Scale, Exhibit VI.
2. Cost allocation plan
The ELC shall comply with DEL cost allocation plan guidance and instructions and submit a cost
allocation plan for DEL review and approval by May 15 of each fiscal year, unless otherwise
instructed by DEL.
3. Anti-fraud plan
The ELC shall submit an anti-fraud plan by June 30 of each fiscal year and implement the DEL-
approved plan requirements in accordance with s. 1002.84(18), F.S., and Rule 6M-9.400, F.A.C.
4. Continuity of Operations Plan (COOP)
4.1. The ELC shall maintain a disaster recovery plan within its COOP for unforeseen
circumstances whether they are natural or man-made disasters, per s. 252.365, F.S.
4.2. By the due date listed in Exhibit VI, the ELC shall submit a COOP update to the report
recipient.
4.3. The ELC shall notify DEL within the same day as its COOP activation.
5. Required match
5.1. The ELC shall secure and document the receipt and expenditure of local match funds
required by the SR Match Program, if applicable, general appropriations act, state, or federal
law, the NOA, and DEL Program Guidance 440.10 – Match Reporting. Match expenditures
must occur between July 1, 2023, and June 30, 2024. Coalitions are encouraged to begin
solicitation of match contributors as early as possible in the calendar year prior to the
beginning of the fiscal year to secure match funding for the coming year.
5.2. The ELC shall submit its completed Coalition Funders worksheet each month within its
invoice workbook.
5.3. The ELC shall not pass match requirements on to parents or guardians of SR services
recipients or SR providers.
6. Performance monitoring
6.1. The ELC shall monitor the activities of subrecipients as necessary and appropriate.
Monitoring activities shall determine whether subrecipients use grant awards for authorized
purposes in compliance with laws, rules, regulations, and the provisions of contracts or grant
agreements.
6.2. The ELC shall submit a monitoring plan for subrecipients as detailed in Exhibit VI. The ELC
shall submit a written plan that includes programmatic (including eligibility) and fiscal
monitoring of all applicable subrecipients (including, but not limited to, central agencies and
material service providers) on an ongoing basis, but not less than quarterly.
6.3. The ELC shall conduct subrecipient eligibility monitoring and address, at a minimum, the
requirements identified in Rule 6M-4.630, the School Readiness Standard Eligibility Review
Program Guide, and the Voluntary Prekindergarten Standard Eligibility Review Program
Guide, including using all required elements in the guides and minimum sample sizes. The
School Readiness Standard Eligibility Review Program and the Voluntary Prekindergarten
Standard Eligibility Review Program guides are accessible on the DEL SharePoint Coalition
Zone/Program Integrity/Monitoring Guides/AS Monitoring Tools 2023-24. The ELC shall
monitor the same SR and VPK child files within the sample for eligibility and payment
validation criteria.
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6.4. The ELC shall conduct fiscal monitoring including, at a minimum, the activities detailed in
the DEL Financial Monitoring Tool. These activities shall include, but are not limited to,
regular contact with subrecipients, desk reviews, and site visits.
6.5. The ELC shall monitor SR Program providers in accordance with its plan and Rule 6M-
4.630, F.A.C., to verify the providers meet the standards prescribed in ss. 1002.82 and
1002.88, F.S.
6.6. The ELC shall conduct on-site monitoring of VPK Program providers in accordance with its
written policies, procedures, and standards for monitoring VPK Program direct service
providers and Chapter 6M-8, F.A.C., to verify that providers meet the requirements and
standards prescribed in part V of Chapter 1002, F.S.
6.7. Annually, the ELC shall monitor no fewer than the number of VPK providers based on the
Minimum Annual Sample Size document contained Program Guidance 530.05. The ELC
will review one-fourth of the annual total for a quarterly period and one-twelfth of the annual
total for a monthly period. The ELC shall derive the sample size from the number of SR
and/or VPK programs funded by the ELC and not the total number of SR and/or VPK
provider contracts. If a provider has multiple sites, the ELC must include each site in the total
number of funded programs. When the total number of SR and/or VPK providers falls
between the numbers listed in the Minimum Annual Sample Size, the ELC is encouraged to
monitor the higher sample size.
6.8. In the event of a declared emergency (i.e., natural disaster, pandemic, etc.), alternative
monitoring methods such as desk reviews may be used as directed by DEL.
6.9. The ELC shall monitor public and private VPK providers using the DEL-developed tool in
Program Guidance 530.05. If the ELC uses its own monitoring tool, its tool must comply
with DEL’s tool, including validation/verification of each element of all components outlined
in Program Guidance 530.05.
6.10. The ELC shall develop written policies, procedures, and standards for monitoring vendor
contracts, pursuant to s. 1002.84(15), F.S.
7. Reporting requirements
7.1. The ELC shall provide all reports listed in Exhibit VI, List of Reports, of the agreement.
7.2. The ELC shall use the uniform chart of accounts for reporting budget and expenditure reports
pursuant to s. 1002.82(2)(c), F.S.
7.3. The ELC shall complete teenage parent program reporting requirements in accordance with
DEL Program Guidance 440.60 –Teenage Parent Programs (TAPP) Reporting as applicable.
7.4. The ELC shall submit all data or reports necessary to comply with:
7.4.1. ACF reporting requirements for the SR Program (ACF-118, ACF-403, ACF-404,
ACF-696, ACF-800, ACF-801), for the ARPA Stabilization Grants (ACF-901), for
any other ACF-funded early learning program or service (including the Early
Learning Coalition Annual Report and the Quality Progress Report), and data
requirements as DEL defines.
7.4.2. DEL’s ad-hoc requests that conform to the timeline, content, format, and standard
codes DEL specifies for administering:
7.4.2.1. SR and VPK Programs.
7.4.2.2. CCR&R, Inclusion Warm-Line, SRPA, and PDG-R activities.
7.4.2.3. Direct enhancement services.
7.4.2.4. Any other early learning program or service funded under the agreement.
Any agreement the ELC executes for services where a third party creates and/or stores ELC
data in the third party’s data system as a result of this agreement shall include a
requirement that the third party shall share that data with DEL directly in a DEL-approved
machine-readable format upon receipt of a request by DEL.
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7.5. If a report’s due date falls on a Saturday, Sunday, or state holiday, the reporting package is
due the net business day.
8. Prompt payment to SR providers
The ELC shall make payments to SR providers within twenty-one (21) calendar days of the close
of each month for SR services rendered during the prior month, except as provided under law or
contract.
9. Management of provider inactivation codes in the SSIS
The ELC shall accurately record in the SSIS the reason for a provider’s inactivation. When
recording termination codes in the SSIS, the ELC shall use the DEL-approved standard code that
best describes and documents the inactivation reason.
10. SharePoint access
The ELC shall ensure appropriate staff have the needed access to the ELC’s Coalition Zone
SharePoint site at the permission level necessary to perform the tasks assigned to the staff member
as required in the agreement. The ELC SharePoint administrator shall request access for ELC staff
by providing the name, phone number, and email address to [email protected]. Once an
account is created, the ELC administrator shall assign permission levels to the ELC’s SharePoint
site in accordance with the security requirements set forth in the State of Florida Cybersecurity
Standards Chapter 60GG-2.
E. Deliverables
Deliverable
One full month of program services tied to the ELC operating within the hours
specified in Exhibit V and in providing a full month of tasks and activities
associated with at least one OCA described in DEL Program Guidance 250.01 –
Other Cost Accumulators (OCAs):, as applicable, for:
1. SR
2. VPK
3. PDG-R
4. CRRSA
5. ARPA
Minimum
Performance
Levels
All Program Services – The ELC shall:
• Comply with federal and state program fund limitations, as applicable, unless
DEL expressly provides a waiver.
• Keep costs to the minimum necessary to administer the program efficiently
and effectively.
• Comply with specific targets and restrictions for each program and/or funding
source indicated on the NOA that DEL issues to the ELC subsequent to the
execution of this agreement.
SR Program – From all state, federal, and local matching funds, the ELC shall
expend a:
• Minimum of 78 percent to meet families’ specified child care needs through
direct services to eligible children. The 78 percent calculation includes direct
service OCA expenditures as defined in the DEL Standard Codes and DEL
Program Guidance 250.01 – Other Cost Accumulators (OCAs), and local
match.
• Maximum of 5 percent for administrative activities (s. 1002.89(4), F.S.).
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• Minimum of 4 percent for quality activities (s. 1002.89(4), F.S.).
• Maximum of 22 percent for any combination of administrative costs, quality
activities, and non-direct services (s. 1002.89(4), F.S.).
VPK Program – The ELC shall:
• Expend a maximum of 4 percent of the funds paid by the ELC to private
prekindergarten providers and public schools for administrative costs (s.
1002.71(7), F.S.).
• Use such funds only for administering this Program and not for other early
learning programs (s. 1002.71(7), F.S.).
PDG-R, CRRSA and ARPA Services
• The ELC shall expend no more than the maximum allocation(s) for PDG-R,
CRRSA, and ARPA administrative services and other specified activities, as
outlined for each activity in the NOA.
Due Date
Services begin at the NOA service period start date, continue through the NOA
service period end date, and are invoiced monthly for the previous month.
F. Method of payment and reimbursement requirements
1. Reimbursement request requirements
1.1. DEL shall make payment to the ELCs according to s. 215.422, F.S. and Chapter 69I-40,
F.A.C., which govern time limits and requirements for payment of vouchers by state warrant.
The expenditure of funds must be authorized by law and must meet the intent and spirit of
the law authorizing the payment.
1.2. The ELC shall submit monthly reimbursement requests for allowable expenditures no later
than twenty-five (25) calendar days following the last day of the previous month.
1.3. The ELC shall base the requests on actual allowable expenditures used to complete the
required tasks. Reimbursement requests shall also identify the services performed by
including, the unduplicated number of children served for all direct services for the reporting
period. The ELC shall submit reimbursement requests to the DEL grant manager for approval
in compliance with DEL Program Guidance 240.06 – Reimbursement Requests.
1.4. The ELC shall provide sufficient detail, as the DEL reimbursement request instructions
describe, for DEL to comply with federal and state reporting requirements and pre-/post-
audit requirements.
1.5. The ELC shall reconcile all expenditures submitted for reimbursement to the ELC’s
accounting system.
1.6. The ELC shall comply with DEL Program Guidance 240.01 – Cash Management and other
instructions DEL establishes to institute local ELC cash management procedures, including
the reimbursement request format and submission requirements.
1.7. Failure to follow reimbursement request requirements may result in the ELC not receiving
reimbursement or receiving a delayed reimbursement.
1.8. On June 30 of each year, DEL will certify outstanding obligations by certified forward
budget in compliance with s. 216.301, F.S. Refunds submitted after June 30 for the prior
award year do not restore budget or provide certified forward budget. DEL shall pay
reimbursement requests submitted after the year-end deadline established by DEL, for which
no certified forward budget remains, from the current award. The certified forward budget
reverts on September 30 each year and is not available after that date for paying
reimbursement requests.
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2. Final reimbursement request
2.1. The ELC shall submit a final reimbursement request for use of certified forward funds for a
prior fiscal year no later than September 20 or the date provided by DEL, following the
award period ending.
2.2. The ELC shall reconcile all expenditures submitted for reimbursement to the ELC’s
accounting system and shall maintain supporting documentation for all expenditures. The
ELC shall make corrections, as necessary.
2.3. The ELC shall maintain supporting documentation to include an audit trail linking all
reimbursement transactions to the DEL Uniform Chart of Accounts and the ELC’s general
ledger and shall use the appropriate program and OCA to identify them.
2.4. DEL may monitor the agreement by validating reimbursements in relationship to provided
services and reviewing the records and contracts related to those reimbursements.
3. Advance payment request
3.1. The ELC may request approval from DEL for release of advanced funds to the ELC based on
the ELC’s projected cash needs.
3.2. All requests, repayment, and reconciling for funding advances shall be in accordance with
DEL Program Guidance 240.01 – Cash Management Procedures, and Rule 6M-8.205, F.A.C.
The ELC shall upload a final invoice and submit a check to DEL for the unexpended advance
funds no later than September 30.
3.3. The Executive Office of the Governor’s budget authority issuance to DEL determines when
DEL will approve an initial advance for the fiscal year.
3.4. Advances shall be reconciled monthly to the ELC’s projected cash need. DEL may require
adjustment to the advance if the advance substantially exceeds the projected cash need for
two (2) consecutive months.
4. Interest income
Per s. 216.181(16)(b), F.S., 2 CFR § 200.305(8) and (9), Federal payment, and DEL Program
Guidance 240.01 – Cash Management Procedures, the ELC shall invest the funds it receives under
this agreement in secure, interest-bearing accounts, unless DEL otherwise authorizes. The ELC
shall return to DEL all interest income earned on VPK funds and interest earned on CCDF funds in
excess of $500 for the program year. The ELC shall notify DEL if there are no interest payments
due to be returned.
5. Budget
5.1. The ELC shall prepare and upload to SharePoint their Initial Coalition Budget Report.
accordance with the funding provided through the NOA or the GAA as directed by DEL
5.2. The ELC shall submit to its DEL grant manager for review and acceptance the budget on the
Budget Allocation by Other Cost Accumulators (OCA) worksheet within the ELC
reimbursement request workbook in accordance with DEL Program Guidance 240.06 –
Reimbursement Requests.
5.3. The ELC’s DEL-accepted Budget Allocation by OCA may be amended as needed, subject to
review and acceptance by its DEL grant manager.
5.4. If the ELC proposes a budget amendment that affects the SR Program Plan, the ELC shall
seek and receive DEL’s approval of a plan amendment before the ELC implements the
budget amendment or expends funds related to the amendment. If the ELC proposes a budget
amendment for VPK funding, the ELC shall submit the amendment request and receive
DEL’s approval before the ELC implements the budget amendment or expends funds related
to the amendment.
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6. Return of funds
6.1. Upon DEL’s final determination of overpayments or disallowed costs under federal or state
law, regulation, or rule, the ELC shall return to DEL any overpayments or disallowed costs
within forty (40) calendar days of DEL issuing a written notice to the ELC or other
timeframes in compliance with DEL Program Guidance 240.01 – Cash Management
Procedures.
6.2. In the event the ELC overpays a subrecipient or contractor or the subrecipient or contractor
incurs a disallowed cost and the ELC cannot recover it, the subrecipient or contractor account
becomes delinquent. After exercising due diligence, DEL Program Guidance 240.03 –
Collection of Delinquent Accounts allows the ELC to request DEL to report a delinquent
account to DOE and in turn DFS. The ELC shall execute and deliver to DEL all documents
necessary to report a delinquent account and secure repayment. The ELC requesting that
DEL report a delinquent account shall make the request to DEL no later than thirty (30)
calendar days from determining the ELC cannot recover the delinquent account in
accordance with DEL program guidance.
7. Expenditure targets and restrictions
7.1. SR Program
7.1.1. The ELC shall comply with federal and state program fund limitations, unless DEL
expressly provides a waiver.
7.1.2. The ELC shall keep costs to the minimum necessary to efficiently and effectively
administer the SR Program (s. 1002.89(4), F.S.).
7.1.3. The ELC shall ensure direct services for eligible children are the highest expenditure
priority (s. 1002.89(4), F.S.).
7.1.4. No more than 5 percent of all state, federal, and local matching funds expended by
the ELC for the SR Program shall be expended for administrative activities (s.
1002.89(4), F.S.).
7.1.5. No more than 22 percent of all state, federal, and local matching funds expended by
the ELC for the SR Program shall be expended for any combination of administrative
costs, quality activities, or non-direct services (s. 1002.89(4), F.S.).
7.1.6. No less than 4 percent of all state, federal, and local matching funds expended by the
ELC for the SR Program shall be expended on quality activities in accordance with s.
1002.89(4), F.S.
7.1.7. No less than 78 percent of all state, federal, and local matching funds expended by the
ELC for the SR Program shall be expended to meet families’ specified child care
needs. The 78 percent calculation includes direct service OCA expenditures, as
defined in the most recent version of the DEL Standard Codes and DEL Program
Guidance 250.01 – Other Cost Accumulators (OCAs), and local direct services
match.
7.1.8. The NOA DEL issues to the ELC subsequent to the execution of the agreement may
include additional specific instructions for targeted funds and/or restrictions in
accordance with DEL Program Guidance 250.01 – Other Cost Accumulators (OCAs).
7.1.9. The NOA DEL issues to the ELC subsequent to the execution of the agreement
includes a specific allocation to perform SR program assessments in accordance with
DEL Program Guidance 420.03 – SR Quality Performance and 250.01 – Other Cost
Accumulators (OCAs).
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7.2. VPK Education Program
7.2.1. The ELC shall expend no more than 4 percent of funds paid by the ELC to private
prekindergarten providers and public schools for VPK administrative costs. The ELC
shall use such funds only for administering the VPK Education Program and not for
SR or other programs (s. 1002.71(7), F.S.).
7.2.2. The NOA DEL issues to the ELC subsequent to the execution of the agreement
includes a specific allocation to perform VPK program assessments in accordance
with Program Guidance 250.01 – Other Cost Accumulators (OCAs).
7.3. PDG-R, Birth through Five
No more than 5 percent of funds expended by the ELC for PDG-R project(s) shall be
expended for administrative costs. The ELC shall use such funds only for administering the
PDG-R project(s) and not for any other program or project.
7.4. CRRSA
The ELC shall expend no more than the funds awarded to the ELC under the CRRSA Act in
accordance with the cost limitation(s) established in the NOA. The ELC shall use such funds
only for the CRRSA project(s) and not for any other program or project in accordance with
NOA requirements.
7.5. ARPA
The ELC shall expend no more than the funds awarded to the ELC under ARPA in
accordance with the cost limitation(s) established in the NOA. The ELC shall use such funds
only for the ARPA project(s) and not for any other program or project in accordance with
NOA requirements.
8. Financial consequences
8.1 The ELC agrees if the requirements of the agreement are not timely and satisfactorily
performed, the ELC shall be subject to one or more of the financial consequences listed
herein. These financial consequences shall not be considered penalties.
8.2 The ELC shall ensure 100 percent of the deliverables identified in Exhibit II are performed
pursuant to agreement requirements, and as described in Exhibit II, Section E.
Deliverables. Failure to perform the major deliverables described in Exhibit II, Section E.
Deliverables correctly, completely, or adequately, may trigger a financial consequence and
the following actions will occur:
8.2.1 The DEL grant manager will notify the ELC it has failed to perform these major
deliverables correctly, completely, or adequately and identify the deficiency or
deficiencies. Upon receipt of this notification, the ELC has fourteen (14) calendar
days to submit a Corrective Action Plan (CAP) to the DEL grant manager which
addresses the identified deficiency and states how the deficiency will be remedied
within a period approved by the DEL grant manager.
8.2.2 In the event the ELC fails to submit the CAP timely, beginning the 15th day after
notification by the DEL grant manager of the deficiency, DEL shall deduct from
the payment for the invoice of the following month, 1 percent of the monthly value
of the administrative funds in the agreement for each business day the CAP is not
submitted.
8.2.3 The DEL grant manager shall review the ELC’s CAP and provide approval or
disapproval in writing to the ELC within five (5) business days. If disapproving,
the response from DEL shall include details of the CAP deficiencies requiring
correction before the CAP can be approved.
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8.2.4 In the event the ELC fails to correct an identified deficiency within the approved
period specified in the CAP, DEL shall deduct from the payment for the invoice of
the following month, 1 percent of the monthly value of the administrative funds in
the agreement for each business day the deficiency is not corrected.
8.2.5. In the event the ELC does not correct all deficiencies pursuant to the CAP, for
each deficiency identified in the CAP which is not corrected pursuant to the CAP,
DEL shall deduct from the payment for the invoice of the following month, 1
percent of the monthly value of the administrative funds in the agreement for each
day the deficiency is not corrected.
THIS SPACE LEFT BLANK INTENTIONALLY
EXHIBIT III
AUDIT REQUIREMENTS
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EXHIBIT III
ELC Name: Escambia
Grant Number: EL174
Grant Relationship: DEL has identified the ELC as a subrecipient
For all subrecipients, the described audit requirements will apply as described herein. Based
on estimated funding for this grant, the following audit requirements apply:
Federal Single Audit Act (2 CFR Part 200, Subpart F)
Florida Single Audit Act (s. 215.97, F.S.)
The administration of resources awarded by the Division and of all related public, private funds
and local resources received and expended for the state’s early learning programs will be
subject to audits and monitoring by the Division as described in this attachment.
A. Accounting and auditing requirements
1. During any state fiscal year, the Division, the Florida DFS, the Florida Auditor General,
HHS, Inspectors General of federal and state agencies, the Comptroller General of the
United States, or any of their duly authorized representatives may review operations of and
records from the ELC.
2. Any of the above-listed reviews may identify questioned costs. The ELC shall have an
opportunity to substantiate or appeal the finding or questioned cost(s). Any unresolved
questioned costs may become disallowed federal and state program costs. Section 17.04,
F.S., and 2 CFR Part 200, require ELCs to repay disallowed federal and state program
costs. Contractors/grantees may not pay disallowed costs with federal grant, state grant, or
matching funds.
3. The ELC agrees that legal expenses and related costs in the defense or prosecution of any
claim or appeal against the state government or any of its agencies are not reimbursable
costs. However, 2 CFR Part 200, Subpart E, allows reasonable legal expenses and related
costs required in administering early learning programs within administrative expenditure
limitations for SR and VPK Programs.
B. Monitoring
1. Monitoring activities. The Division is responsible for monitoring grant, subrecipient, and
contract-supported activities to ensure compliance with federal requirements and
performance goals are being achieved. In accordance with 45 CFR § 75.342 (also 2 CFR §
200.329), Monitoring and reporting program performance, subrecipient monitoring must
cover each program, function, and activity. Such monitoring activities may include, but are
not limited to, onsite visits by DEL staff or contracted consultants, limited scope audits as
defined by 2 CFR Part 200, and/or other procedures. By entering into the agreement, the
ELC agrees to comply and cooperate with any monitoring procedures/processes DEL
deems appropriate. The ELC further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Division, the Florida DFS, the
Florida Auditor General, HHS, Inspectors General of federal and state agencies, the
Comptroller General of the United States, or any of their duly authorized representatives.
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2. Related party disclosures. The ELC shall ensure all related party transactions are included
in the financial statement footnote disclosures in accordance with requirements defined in
Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC)
850, Related Party Disclosures. In addition, the grantee shall comply with all applicable
provisions of Chapter 112, F.S., Public Officers and Employees, as required by s.
1002.83(9) and s. 1002.84(21), F.S., for related party transactions.
2.1. Documentation of related party activity to support proper written notification to the
entity’s governing board is required and must be submitted to DEL for
review/acceptance. Such supporting documentation includes the following items.
2.1.1. The impacted individual must complete the necessary conflict of interest
disclosure forms.
2.1.2. Any governing board member(s) benefiting from the activity must disclose
the conflict of interest in advance in writing and must abstain from the vote
process.
2.1.3. Meeting minutes that reflect a valid vote of approval by two-thirds vote of
the entire membership of the governing board.
2.1.4. A copy of the agreement or written summary of the transaction including the
start date, purpose, amount/cost incurred, and funding/OCA code(s) charged.
2.1.5. Related documentation to verify compliance with state purchasing rules.
2.2. No related party activities may be executed without approval from the Division.
2.2.1. Transactions under $25,000 must be submitted to DEL for processing within
thirty (30) days after receipt of governing board approval.
2.2.2. Transactions of $25,000 or more must be submitted to DEL for prior written
approval before the contract/agreement/activity can be executed.
2.3. Related party activities and/or conflicts of interest occur when for any transaction
the benefits of an interested party may be seen as competing with those of the State
of Florida. Such conflicts of interest:
2.3.1. May be financial or non-financial.
2.3.2. May include actual, potential, or perceived conflicts of interest.
2.3.3. Include organizational conflicts of interest that occur because of a
relationship with an affiliate or subsidiary organization.
2.3.4. May occur due to governing board members and/or active entity employees.
2.4. The ELC shall submit one electronic copy of the support files described above in
Section 2.1 and any other supporting files considered necessary electronically to the
report recipient indicated in Exhibit VI, List of Reports. If the ELC does not have
access to the DEL SharePoint site, DEL will provide alternative written instructions.
3. Internal controls – auditor documentation. The ELC shall obtain the internal control
work papers from the auditor(s) performing the annual independent financial statement
audit. The ELC shall keep these work papers onsite as part of its financial records and shall
provide a copy to DEL as part of the financial reporting package as instructed in section
C.4. Report Submission, below.
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4. Internal controls – annual self-assessment. The ELC must perform an internal controls
self-assessment using DEL’s annual Internal Control Questionnaire (ICQ) Survey Form.
The ELC shall provide a copy of the completed annual ICQ to DEL, as instructed below,
by August 31 of each grant award period unless DEL provides other written instructions.
4.1. The annual ICQ will help the ELC document the primary objectives for internal
controls pertaining to compliance requirements for federal programs, including the
following, are met in accordance with 2 CFR § 200.303, Internal controls.
4.1.1. The ELC properly records and accounts for transactions.
4.1.2. The ELC executes transactions in compliance with laws, regulations, and
contract provisions.
4.1.3. The ELC safeguards funds, property, and other assets against loss due to
unauthorized use or disposition.
4.1.4. Reasonable measures are taken to safeguard protected personally identifiable
information (PPII) and other information the federal awarding agency or the
Division consider sensitive, consistent with applicable federal, state, and
local laws regarding privacy and obligations of confidentiality.
4.2. DEL will provide the annual ICQ form in electronic format to the ELC by July 1 or
other date provided by DEL, of each award period. Each ELC shall submit the
completed ICQ and any other supporting files considered necessary electronically
to the report recipient indicated in Exhibit VI, List of Reports. If the ELC does not
have access to the DEL SharePoint site, DEL will provide alternative written
instructions.
C. Audits
1. Federally-funded
This section is applicable if the ELC is a state or local government or a non-profit
organization as defined in 2 CFR Part 200. A website which provides links to several
Federal Single Audit Act resources can be found at: Federal Single Audit Act Resources.
1.1. According to 45 CFR § 75.501(a), Audit Requirements, non-federal entities which
expend $750,000 or more during the non-federal entity's fiscal year in federal awards
must have a single or program-specific audit conducted for that year in accordance
with the provisions of this part and other applicable federal regulations. Guidance on
determining federal awards expended is provided in 45 CFR § 75.502 (2 CFR §
200.502).
1.2. The Division’s NOA indicates federal resources awarded through the Division by
this agreement. In determining the federal awards expended in its fiscal year, the ELC
shall consider all sources of federal awards, including federal resources received from
the Division. In connection with the audit requirements, the recipient shall also fulfill
the following instructions related to auditee responsibilities as provided in 45 CFR
§§ 75.508 through 75.512 (also 2 CFR §§ 200.508 through 200.512), as well as the
following additional state-level requirements. The financial statements shall disclose
if the grantee met the matching requirement for each applicable contract/grant in
accordance with DEL Program Guidance 440.10 – Match Reporting.
1.2.1. The ELC shall fully disclose in the audit report all questioned costs and
liabilities due to DEL with reference to the DEL grant award(s), agreement(s),
or contract(s) involved.
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1.2.2. The audit procedures and Single Audit Reports must include DEL’s annual
financial and programmatic monitoring report results, as applicable.
1.3. The ELC is responsible for submitting the Single Audit Reports and the required
federal Data Collection Forms (SF-SAC) electronically to the Federal Audit
Clearinghouse within thirty (30) days after receipt or nine (9) months after the fiscal
year’s end of the audit period, whichever is earlier.
1.4. If the ELC expends less than $750,000 in federal awards in its fiscal year, a Federal
Single Audit is not required. If the ELC still elects to have an audit conducted in
accordance with the provisions of 2 CFR Part 200, the cost of the audit must be paid
from non-federal resources (i.e., the ELC must pay the audit costs from resources
obtained from non-federal and non-state entities).
2. State-funded
This part is applicable if the ELC is a non-state entity as defined by s. 215.97(2), F.S., the
Florida Single Audit Act. Additional information regarding the Florida Single Audit Act
can be found at: Florida Single Audit Act.
2.1. The Division’s NOA indicates state resources awarded through the Division by this
agreement. In determining the state awards expended in its fiscal year, the ELC shall
consider all sources of state awards, including state resources received from the
Division.
2.2. In the event the ELC expends $750,000 or more of state financial assistance in any
fiscal year, the ELC must have a state single or project-specific audit conducted in
accordance with the Florida Single Audit Act; Chapter 69I-5, F.A.C.; Rule 61H1-
20.0093, F.A.C.; Chapter 10.550 – Local Government Entity Audits; or Chapter
10.650 – Florida Single Audit Act Audits Non-profit and For-profit Organizations.
2.3. In determining the state financial assistance expended in its fiscal year, the recipient
shall consider all sources of state financial assistance, including state financial
assistance received from the Division, other state agencies, and other non-state
entities. State financial assistance does not include federal direct or pass-through
awards and resources received by a non-state entity for federal program matching
requirements.
2.4. If the ELC expends less than $750,000 in state financial assistance in its fiscal year,
a Florida Single Audit is not required. If the ELC still elects to have an audit
conducted in accordance with the provisions of s. 215.97, F.S., the cost of the audit
must be paid from non-state resources (i.e., the ELC must pay the audit costs from
resources obtained from non-federal and non-state entities).
2.5. Pursuant to s. 215.97(8), F.S., state agencies may conduct or arrange for audits of
state financial assistance which are in addition to audits conducted in accordance with
s. 215.97, F.S. In such an event, the state awarding agency must arrange for funding
the full cost of such additional audits.
2.6. Find additional information regarding the Florida Single Audit Act at the Florida DFS
website State Single Audit resources.
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3. Special Audit Testing Requirements
3.1. It is essential that the audit firm test the ELC’s monthly reconciliation of its financial
records to the SSIS. As an alternative, and upon written authorization from DEL, the
auditors may test acceptable equivalent alternative supporting documentation files of
the ELC, if temporary transitioning SSIS system functionality issues occur. To report
on the audit tests performed, the auditor must include a statement in the Schedule of
Findings and Questioned Costs confirming the following: (a) the ELC staff performs
this reconciliation monthly; (b) the ELC has processes in place to identify and correct
errors noted during the monthly reconciliation process; and (c) the ELC’s financial
records and the SSIS records (or acceptable equivalent documentation files
tested/audited upon issuance of written authorization from DEL) were reconciled and
in agreement as of the annual program year end (June 30). Finally, a statement must
be included to indicate that the auditor's work papers include documentation to verify
tests of these tasks were performed and such work papers are available for review by
DEL staff upon request.
3.2. If such testing was not completed, or if these statements are missing from the annual
audit report, the auditor's annual procedures will be considered incomplete/deficient
and the ELC will receive notice of such in the Division’s annual Management
Decision.
3.3. All funds administered by the ELC must be included in the audit coverage. This
includes funds provided to any auxiliary entity over which the ELC exercises
controlling influence, such as a foundation. For purposes of the agreement, all
foundations or other similar entities are considered affiliated organizations and, in
some instances, may need to be classified as a component unit.
3.4. For any affiliated organization, at a minimum the audit report must disclose the
entity's mission/purpose and summarized financial data including total assets,
liabilities, net assets, revenues, expenditures, and the entity's relationship to the
ELC’s activities. The auditor may need to provide other disclosures and presentations
(such as consolidated financial statements) as appropriate after giving proper
consideration of applicable accounting standards pronouncements regarding
reporting of related entities, such as FASB Statement of Position (SOP) 94-3.
4. Report submission
4.1. Copies of reporting packages (including any management letter issued by the auditor
and the ELC’s written corrective action plan response(s)) for Single Audits required
by Sections C.1. and C.2. above shall be submitted as required by 2 CFR § 200.512,
by or on behalf of the ELC directly to each of the addresses indicated.
4.2. Submit one electronic copy of the financial reporting package and files described
above in Section B.3. to the Division at the following address:
Division of Early Learning
Financial Management Systems Assurance Section (FMSAS)
Email – [email protected]
Website – DEL Share Point site:
DEL Portal/Partners/Contractor site/FMSAS Document Exchange – Restricted/
2023-24FMSAS/Annual Audit Report Files
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4.3. Submit the Single Audit Reports and the required federal Data Collection Forms (SF-
SAC) electronically to the Federal Audit Clearinghouse within thirty (30) days after
receipt or nine (9) months after the fiscal year’s end of the audit period, whichever is
earlier.
4.4. Submit one paper copy by mail and one electronic copy of the financial reporting
package to the Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email: [email protected]
Website: https://flauditor.gov/
The ELC shall indicate in correspondence accompanying the reporting packages the
date of delivery from the auditors to the ELC for the reporting package.
4.5. All items Auditor General Rule 10.656(3) requires, as described on the Auditor
General’s Financial Reporting Package Submittal Checklist and the related checklist
instructions, must be included for a reporting package to be considered complete.
By signing below, the ELC, through the duly appointed undersigned representative, certifies
and assures that it shall fully comply with the applicable audit requirements outlined in this
attachment.
By:
Date:
June 26, 2023
Authorized ELC Representative
Print Name:
Walter B. Watson, Jr.
Title:
Executive Director
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
EXHIBIT IV
CERTIFICATIONS AND ASSURANCES
P a g e | 53 ELGA 2023-2024
EXHIBIT IV
Certifications and Assurances Form
Authority for data collection – 45 CFR §§ 98.10-12; ss. 1002.73, and 1002.82, F.S.
Instructions – These certifications and assurances will be in effect for the duration of this
agreement. DEL shall not require amendments unless required by changes in federal or state law,
or by other significant change in the circumstances affecting a certification or assurance in this
agreement. The entity/agency head, or other authorized officer, must sign the certification and
return it to the address listed below. No payment for this agreement will be made without this
current signed Certifications and Assurances form on file.
______________________________________________________________________________
Certification:
I, the undersigned authorized official for the named ELC, hereby agree to administer the
federally funded and/or state-funded education programs on behalf of the named ELC below. I
certify the ELC will adhere to and comply with the Certifications and Assurances and all
requirements outlined within this exhibit.
Escambia
EL174
Walter B. Watson, Jr./
Executive Director
Typed ELC Name Grant Number Typed Name/Title of Authorized Official
I certify that the ELC will adhere to each of the Certifications and Assurances outlined in this
exhibit for participation in federal and state programs as applicable to the agreement.
June 26,
2023
850-595-5402
Signature Date Area Code/Telephone Number
Early Learning Coalitions (and any ELC subrecipients) are required to submit this certification
form with a signature along with each grant agreement submitted to DEL.
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic signatures
are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained, and policies and
procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the data on
this form is accurate to the best of my knowledge.
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In performing its responsibilities under the agreement, the ELC hereby certifies and assures it
will comply with the following requirements, as applicable:
I. Federal certifications
A. Cost allocation plan or indirect cost rate proposal
B. Proper expenditure reporting.
C. Status as a non-major corporation.
D. Debarment, suspension, and other responsibility matters.
E. Drug-Free Workplace.
F. Pro-Children Act of 2001/Environmental Tobacco Smoke Certification
G. Filing and payment of taxes.
H. Lobbying.
II. Federal or state-required assurances
A. The Transparency Act (as defined by 2 CFR Part 170).
B. Other miscellaneous/general disclosures.
C. CCDF Salary Cap annual testing requirements.
D. Compensation report requirements.
E. Restrictions on funding ACORN.
F. Separation of VPK Program and SR Program funds (ss. 1002.71(1) and (7), F.S.,
1002.89, F.S., and 45 CFR § 98.56.
G. Subrecipient monitoring.
H. Immigration status.
I. Standards of conduct.
J. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.).
K. Conflicts of Interest.
L. Contract Work Hours and Safety Standards Act 40 U.S.C. 3701 et seq.
M. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c).
N. Davis Bacon Act, as amended (40 U.S.C. 3141 et seq.).
O. Equal Employment Opportunity (EEO).
P. Procurement of recovered materials.
Q. Procurements and other purchases.
R. Property.
S. Reporting of matters related to recipient integrity and performance.
T. System for Award Management (SAM) Unique Entity Identifier Requirements.
U. Trafficking Victims Protection Act of 2000 (TVPA).
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III. Federal certifications – applicable to all entities
A. Cost allocation plan or indirect cost rate proposal
In accordance with 45 CFR § 75.415 (also 2 CFR § 200.415), Required certifications, the
ELC must certify the submitted cost allocation plan (CAP) or indirect cost rate proposal,
as instructed by DEL.
Note: DEL’s current cost allocation plan guidance instructs no indirect cost rates are required or
used by the Division at this time since Florida’s early learning programs have administrative
spending caps assigned by federal regulation and/or state statutes. For more details, please contact
DEL.
B. Proper expenditure reporting
In accordance with 2 CFR § 200.415, Required certifications, the official who is authorized
to legally bind the ELC must include the following certification on annual and final fiscal
reports or vouchers requesting payment:
“By signing this report, I certify to the best of my knowledge and belief that the report is
true, complete, and accurate, and the expenditures, disbursements and cash receipts are for
the purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31,
Sections 3729-3730 and 3801-3812).”
C. Status as a non-major corporation
In accordance with 45 CFR § 75.415 (also 2 CFR § 200.415), Required certifications, the
ELC must certify whether it meets the definition of a major corporation. 2 CFR §
200.414(a) defines major nonprofit organizations as those which receive more than $10
million dollars in direct federal funding. The ELC certifies that:
The ELC is not a major nonprofit organization.
The ELC is a major nonprofit organization.
If the ELC determines it qualifies as a major non-profit organization, it shall contact DEL
for additional instructions.
The following Certifications are hereby adopted and incorporated herein by reference as if
fully set forth herein, as applicable. See 45 CFR Part 75 Appendix II, Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards.
THE FOLLOWING DOCUMENTS REQUIRE SIGNATURE. THIS AGREEMENT IS
NOT VALID UNTIL EACH FORM HAS BEEN COMPLETED IN FULL AND SIGNED.
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D. Debarment Certification - Lower Tier
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion—
Contracts/Subcontracts
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, signed February 18, 1986. The guidelines were published in the
May 29, 1987, Federal Register (52 Fed. Reg., pages 20360-20369).
Instructions
1. Each Contractor whose contract/subcontract equals or exceeds $25,000 in federal
funds must sign this certification prior to execution of each contract/subcontract.
Additionally, providers who audit federal programs must also sign, regardless of the
contract amount. The Division of Early Learning cannot contract with these types of
providers if they are debarred or suspended by the Federal Government.
2. This certification is a material representation of fact upon which reliance was placed
when this contract/subcontract is entered into. If it is later determined that the signer
knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the Division of Early Learning may pursue available remedies,
including suspension and/or debarment.
3. The Contractor shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or had become erroneous by reason of
changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “person,”
“principal,” and “voluntarily excluded,” as used in this certification, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the Contract Manager for assistance in obtaining a copy of these
regulations.
5. The Contractor agrees by submitting this Certification that it shall not knowingly enter
into any Subcontract with a person who is proposed for debarment under 48 CFR part 9,
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subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this Contract/Subcontract, unless authorized by the Federal Government.
6. The Contractor further agrees by submitting this Certification that it will require each
Subcontractor of this Contract/Subcontract, whose payment will equal or exceed $25,000
in federal funds, to submit a signed copy of this Certification.
7. The Division of Early Learning may rely upon a certification of a Contractor that it is not
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from covered transactions, unless it knows that the
certification is erroneous.
8. The signed Certification must be kept in the Contract Manager’s file. The
Subcontractor’s Certification must be kept at the Contractor’s business location.
Certification
1. The prospective Contractor certifies, by signing this certification, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any federal department or
agency.
2. Where the prospective Contractor is unable to certify to any of the statements in this
certification, such prospective Contractor shall attach an explanation to this proposal.
Signature of Authorized Certifying Official:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
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E. Drug-free Workplace Certification
CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Instructions
1. By signing and/or submitting this application or grant agreement, the grantee is providing
the certification set out below.
2. The certification set out below is a material representation of fact upon which reliance is
placed when the Contract is entered into. If it is later determined that the Contractor
knowingly rendered a false certification, or otherwise violates the requirements of the Drug-
Free Workplace Act, the agency, in addition to any other remedies available to the Federal
Government, may take action authorized under the Drug-Free Workplace Act.
3. Workplace identifications must include the actual address of buildings (or parts of
buildings) or other sites where work under the Contract takes place. Categorical descriptions
may be used (e.g., all vehicles of a mass transit authority or State highway department while
in operation, State employees in each local unemployment office, performers in concert halls
or radio studios).
4. If the workplace identified to the Division of Early Learning changes during the
performance of the Contract, the Contractor shall inform the Contract Manager of the
change(s) if it previously identified the workplaces in question.
5. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certification. Contractors' attention is
called, in particular, to the following definitions from these rules:
Controlled substance means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR §§
1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine
violations of the federal or state criminal drug statutes;
Criminal drug statute means a federal or non-federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the performance of work
under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees
unless their impact or involvement is insignificant to the performance of the grant; and (iii)
Temporary personnel and consultants who are directly engaged in the performance of work
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under the grant and who are on the grantee's payroll. This definition does not include workers
not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the grantee's payroll; or
employees of subrecipients or subcontractors in covered workplaces).
Certification Regarding Drug-Free Workplace Requirements
The Contractor certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five (5) calendar days after
such conviction;
(e) Notifying the Division of Early Learning in writing, within ten (10) calendar days after
receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the federal agency has designated a central point
for the receipt of such notices. Notice shall include the identification number(s) of each
affected Contract;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice
under paragraph (d)(2), with respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
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2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
The Contractor may insert in the space provided below the site(s) for the performance of
work done in connection with the specific Contract:
Place of Performance (street address, city, county, state, zip code)
Early Learning Coalition of Escambia County
1720 N. Fairfield Dr. Suite 100/400
Pensacola FL 32501
Check if there are workplaces on file that are not identified here.
Signature of Authorized Certifying Official:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
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F. Pro-Children Act of 2001/Environmental Tobacco Smoke Certification
CERTIFICATION REGARDING
ENVIRONMENTAL TOBACCO SMOKE
The Pro-Children Act of 2001, 42 U.S.C. 7181 through 7184, imposes restrictions on
smoking in facilities where federally-funded children’s services are provided. HHS grants are
subject to these requirements only if they meet the Act’s specified coverage. The Act
specifies that smoking is prohibited in any indoor facility (owned, leased, or contracted for)
used for the routine or regular provision of kindergarten, elementary, or secondary education
or library services to children under the age of 18. In addition, smoking is prohibited in any
indoor facility or portion of a facility (owned, leased, or contracted for) used for the routine
or regular provision of federally funded health care, day care, or early childhood
development, including Head Start services to children under the age of 18. The statutory
prohibition also applies if such facilities are constructed, operated, or maintained with federal
funds. The statute does not apply to children’s services provided in private residences,
facilities funded solely by Medicare or Medicaid funds, portions of facilities used for
inpatient drug or alcohol treatment, or facilities where WIC coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 per violation and/or the imposition of an administrative compliance
order on the responsible entity.
Signature of Authorized Certifying Official:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
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G. Filing and Payment of Taxes Certification
CERTIFICATION OF FILING AND PAYMENT
OF FEDERAL TAXES
As required by the Departments of Labor, Health and Human Services, and Education and
Related Agencies Appropriation Act, 2008 (Public Law 110-161, Division G, Title V, section
523), as a prospective financial assistance recipient entering into a grant or cooperative
agreement of more than $5,000,000, I, as the duly authorized representative of the applicant,
do hereby certify to the best of my knowledge and belief, that:
1. The applicant has filed all federal tax returns required during the three years preceding
this certification;
AND
2. The applicant has not been convicted of a criminal offense pursuant to the Internal
Revenue Code of 1986 (U.S. Code – Title 26, Internal Revenue Code);
AND
3. The applicant has not, more than ninety (90) days prior to this certification, been notified
of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
Signature of Authorized Certifying Official:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
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H. Lobbying Certification
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature of Authorized Certifying Official:
Printed Name:
Walter B. Watson, Jr.
Title:
Executive Director
Date:
June 26, 2023
By providing this electronic signature and subsequent signatures and initials in this document, I attest I understand that electronic
signatures are legally binding and have the same meaning as handwritten signatures. I also confirm internal controls have been maintained,
and policies and procedures were properly followed to ensure the authenticity of the electronic signature.
This statement is to certify I confirm this electronic signature is to be the legally binding equivalent of my handwritten signature and the
data on this form is accurate to the best of my knowledge.
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IV. Federal or state-required assurances, as applicable
The following assurances are hereby adopted and incorporated herein by reference as if fully
set forth herein, as applicable.
A. "The Transparency Act" (as defined in 2 CFR Part 170)
This program award must adhere to the Transparency Act’s Subaward and Executive
Compensation reporting requirements (as 2 CFR Part 170 defines). Under the
Transparency Act, the grantee must report all subawards (as 2 CFR Part 170 defines)
more than $30,000, unless exempted.
Other Assurances – miscellaneous/general disclosures.
As the ELC’s duly authorized representative, I certify that the ELC shall:
1. Use fiscal control and fund accounting procedures which will ensure proper
disbursement of, and accounting for, federal and state funds paid to that agency under
each program. Access to such records shall be made available to authorized
representatives of U.S. governmental agencies, the Florida DOE, the Florida DFS,
and the Auditor General of the State of Florida for the purpose of program and fiscal
auditing and monitoring.
2. Cause the required financial and compliance audits to be performed in accordance
with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, Audit
Requirements, and/or Section 215.97, Florida Statutes, Florida Single Audit Act, as
applicable.
3. Establish safeguards to prohibit employees and board members from using their
positions for a purpose which constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain.
4. Initiate and complete the work within the applicable time frame after receiving the
awarding agency’s approval.
5. Administer each program covered by this agreement in accordance with all applicable
laws, regulations, statutes, rules, policies, procedures, and program requirements
governing the program(s).
6. Comply with all applicable requirements of all other federal and state laws, executive
orders, regulations, and policies governing each funded program.
7. Submit such reports as described in Exhibit VI of this agreement. The ELC will
maintain such fiscal and programmatic records and provide access to those records, as
necessary, for those departments to perform their duties.
8. Provide reasonable opportunities for systematic consultation with and participation of
teachers, parents, and other interested agencies, organizations, and individuals,
including education-related community groups and non-profit organizations, in the
planning for and operation of each program.
9. Make any application, evaluation, periodic program plan, or report relating to each
program readily available to parents and other members of the general public.
10. Have and maintain a proper accounting system in accordance with generally accepted
accounting standards.
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11. Not expend funds under the applicable program to acquire equipment (including
computer software) in any instance in which such acquisition results in a direct
financial benefit to any organization representing the interests of the purchasing entity
or its employees or any affiliate of such an organization.
12. Comply with the requirements in 2 CFR Part 376, Nonprocurement Debarment and
Suspension.
13. Comply with all state and federal requirements, as applicable, for internal controls to
ensure compliance with federal and state statutes, regulations, and terms and
conditions of the award.
14. Comply with Florida’s Government-in-the-Sunshine Law (Chapter 286, F.S.), which
provides a right of access to meeting of boards, commissions, and other governing
bodies of state and local governmental agencies or authorities.
15. If applicable, after timely and meaningful consultation, provide the opportunity for
children enrolled in private, non-profit schools, and the educational personnel of such
schools, equitable participation in the activities and services provided by these federal
funds, and notify the officials of the private schools of said opportunity. (Educational
services or other benefits provided, including materials and equipment, shall be
secular, neutral, and non-ideological. Expenditures for such services or other benefits
shall be equal [consistent with the number of children to be served] to expenditures
for programs of children enrolled in the public schools of the local educational
agency.)
16. Agree for any agreement-related activity in which family, marital, or household
considerations are, by statute or regulation, relevant for purposes of determining
beneficiary eligibility or participation, to treat same-sex spouses, marriages, and
households on the same terms as opposite sex spouses, marriages, and households,
respectively. Marriage is between two individuals validly entered into in the
jurisdiction where performed. This does not apply to registered domestic partnerships,
civil unions, or similar formal relations recognized under state law as something other
than marriage. (For further detail, Respect for Marriage Act, H.R.8404).
17. Not use federal funds awarded under this agreement for construction or the purchase
of land.
B. CCDF Salary Cap annual testing requirements
1. The Consolidated Appropriations Act of 2012 (P.L. 112-74), enacted December 23,
2011, and the annual Consolidated Appropriations Act public laws enacted since,
limit the salary amount which ELCs may charge to grants and cooperative agreements
which the Administration of Children and Families (ACF) funds. ELCs may not use
CCDF award funds to pay an individual’s salary at a rate more than the annual
maximum Executive Level II federal pay rate. The Federal Executive Pay Scale
maximum annual Executive Level II salary for calendar year 2023 is $212,100 and is
accessible annually at the U.S. Office of Personnel Management website. This
amount reflects an individual’s base salary without fringe benefits and income an
individual may earn outside of the duties to the applicant organization. The ELC shall
apply this salary limitation to subawards/subcontracts under this agreement. The
ELC’s subrecipients shall:
1.1. Not use grant funds to pay for salary costs that exceed the CCDF cap.
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1.2. Allocate salaries which multiple funding sources pay and compare these
calculations to received program benefits.
1.3. Perform and document an annual analysis using W-2 data.
2. All CCDF-funded grantees and subgrantees are responsible for assuring compliance
with this provision. All such CCDF fund recipients and subrecipients are responsible
for enforcing other impacted entities of this compliance requirement.
3. All CCDF-funded grantees shall comply with salary cap reporting requirements
outlined in this section.
4. All CCDF-funded grantees that request salaries for individuals in excess of the
applicable 2023 rate of $212,100 per year (or $101.97 per hour for a full-time
position of 2,080 hours per year) will have the submitted costs adjusted in accordance
with the legislative salary limitation. The non-federal entity/grantee will be notified of
this adjustment and no funds will be awarded, committed or disbursed in excess of
the salary cap.
5. An individual’s institutional base salary is not constrained by the legislative provision
for a limitation of salary. The rate limitation simply limits the amount that may be
charged to federal/state grant programs/awards. For individuals whose salary rates are
in excess of Executive Level II, the non-federal entity may pay the excess from non-
DEL funds.
6. The salary limitation also applies to all subawards and subcontracts.
C. Compensation report requirements
In accordance with Executive Order 20-44, each grantee meeting the following criteria shall
provide to the department an annual report in the format required by the department: 1) all
entities named in statute with which the agency must form a sole source, public private
agreement and 2) all entities that, through contract or other agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State
and Federal funds This report shall detail the total compensation for the entities’ executive
leadership teams. Total compensation shall include salary, bonuses, cashed in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts,
and any other payout. In addition, the grantee shall submit with the annual report the most
recent Return of Organization Exempt from Income Tax, Form 990, if applicable, or shall
indicate that the grantee is not required to file such Form 990. This report shall be
submitted by March 1 of each year. Executive Order 20-44 may be obtained via this link:
https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-44.pdf
D. Restrictions on funding ACORN
To comply with P.L. 111-117, the ELC may not distribute federal funds made available
under this agreement to the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries. In addition, the grantee may not provide federal funds to
any covered organization as the Defund ACORN Act, House of Representatives (H.R.)
3571, defines.
E. Separation of Early Learning funds
Pursuant to ss. 1002.71(1) and (7), F.S., s. 1002.89, F.S., and 45 CFR part 98.56, the
VPK and SR Programs are independent programs with separate state and federal funding.
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All ELC expenditures made and fiscal records maintained shall reflect funds expenditure
separation and such funds shall be distinctive and clearly identifiable in all fiscal records
the ELC maintains. The ELC hereby certifies it will expend all:
1. SR (Child Care and Development Fund, TANF, Social Services Block Grant and
General Revenue and matching) funds solely for operating the SR Program.
2. State general revenue funds awarded for operating the VPK Program solely for
operating the VPK Program.
3. PDG-R funds solely for operating the PDG-R (Award # 90TP000-03-002) specific
activity(s).
4. CRRSA funds solely for CRRSA Act (Award # 2101FLCCC5) specific activities.
5. ARPA funds solely for ARP Act (Awards # 2101FLCSC6 and 2101FLCDC6)
specific activities.
F. Subrecipient monitoring
The ELC certifies that it has established and shall implement fiscal and programmatic
monitoring procedures for its subrecipients.
G. Immigration status
The ELC certifies that it agrees to comply with the provisions of s. 432 of the Personal
Responsibility and Work Opportunity Reconciliation Act (42 U.S.C. Part 1611) ensuring
that only individuals eligible for CCDF services receive them.
H. Standards of conduct
The ELC certifies that it shall comply with the provisions of 45 CFR § 75.327 (also 2
CFR § 200.318), General procurement standards, regarding standards of conduct. It will
establish safeguards, written policies, and training procedures to prohibit employees and
board members from using their positions for any purpose which constitutes or presents
the appearance of personal or organizational conflict of interest or personal gain.
I. Clean Air Act and Federal Water Pollution Control Act
If the aggregated amount of funds awarded under this agreement exceeds $150,000, the
ELC shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA). See 45
CFR Part 75, Appendix II, Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards.
J. Conflicts of Interest
1. Pursuant to 2 CFR § 200.318, General procurement standards, the Division must
maintain oversight to ensure the ELC performs scoped services in accordance with
minimum standards or conduct.
1.1. If the ELC has a parent, affiliate, or subsidiary organization which is not a state
or local government, the ELC must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest
mean, because of relationships with a parent company, affiliate, or subsidiary
EXHIBIT IV
CERTIFICATIONS AND ASSURANCES
P a g e | 68 ELGA 2023-2024
organization, the ELC is unable or appears to be unable to be impartial in
conducting a procurement action involving a related organization.
1.2. The ELC’s written standards of conduct must also address the performance of
employees engaged in the selection, award and administration of contracts.
2. Related party contracts. Federal and state rules require the ELC to comply with
disclosure and reporting requirements regarding conflicts of interest and related party
contracts. See Exhibit III, Section B.2., Related party disclosures, for more
information.
K. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.)
1. Federal and state standards for procurement and contracts administration require all
contractual agreements exceeding $100,000 to address requirements for compliance
with federal labor laws. See 45 CFR Part 75 Appendix II, Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards. This provision applies to
agreements which include salaries for laborers and for all contracts for repairs,
improvements or other construction activities.
2. The ELC shall compute wages on a 40-hour week schedule and pay non-exempt
employees for extra hours worked. None shall be forced to work in unsanitary,
hazardous, or dangerous conditions or surroundings.
3. These requirements do not apply to purchase of supplies or materials or articles
ordinarily available on the open market or contracts for transportation services.
L. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c), as applicable
1. Federal and state standards for procurement and contracts administration require all
contractual agreements exceeding $2,000 to address requirements for compliance
with federal labor laws. See 45 CFR Part 75 Appendix II, Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards.
2. This provision applies to agreements which include salaries for laborers and for all
contracts for repairs, improvements, or other construction activities.
3. The ELC, its subcontractor, or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise
entitled. The ELC shall report all suspected or reported violations to DEL.
M. Davis-Bacon Act, as amended (40 U.S.C. 3141 et. seq.), as applicable
When federal program legislation requires, for all construction contracts of more than
$2,000, the recipient’s and subrecipient’s award shall include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141 et seq.), as supplemented by Department of
Labor (DOL) regulations (29 CFR Part 5, Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction).
1. Under this Act, contractors shall be required to pay wages to laborers and mechanics
at a rate not less than the minimum wages specified in a wage determination made by
the Secretary of Labor.
2. Contractors shall be required to pay wages not less than once a week.
EXHIBIT IV
CERTIFICATIONS AND ASSURANCES
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3. The recipient shall place a copy of the DOL-issued current prevailing wage
determination in each solicitation, and the award of a contract shall be conditioned
upon the acceptance of the wage determination.
4. The recipient shall report all suspected or reported violations to the federal awarding
agency. DOL regulations, rules, and instructions concerning implementation of the
Davis-Bacon Act and other labor laws can be found at Title 29 CFR Part(s) 1, 3, 5, 6
and 7.
N. Equal Employment Opportunity (EEO)
The ELC certifies it is in compliance with E.O. No. 11246, Equal Employment
Opportunity (30 Federal Register (F.R.) 12319, 12935, 3 CFR, 1964-1965 Comp., p.
339), September 24, 1965, as E.O. 11375, Amending Executive Order 11246 Relating to
Equal Employment Opportunity, of October 13, 1967, amended, and as the Department
of Labor regulations (41 CFR part 60) Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor supplements. See 45 CFR 75,
Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards.
O. Procurement of Recovered Materials, as applicable
1. Pursuant to 2 CFR §§ 200.317, Procurements by states, and 200.323, Procurement of
recovered materials, the ELC will comply with the following requirements of section
6002 of the Solid Waste Disposal Act.
1.1. Procure only items designated in the guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 for buying recycled-content products;
1.2. Procure solid waste management services in a manner that maximizes energy
and resource recovery; and
1.3. Establish an affirmative procurement program for purchases of recovered
materials identified in the EPA guidelines. Information about this requirement is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The list of EPA-designated items is available at
https://www.epa.gov/greenerproducts/identify-greener-products-and-services.
2. In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, the ELC shall procure items designated in
the Environmental Protection Agency (EPA) guidelines at 40 CFR Part 247 which
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, unless the ELC determines such
items:
2.1. Are not reasonably available in a reasonable period of time;
2.2. Fail to meet reasonable performance standards, which shall be determined on
the basis of the guidelines of the National Institute of Standards and
Technology, if applicable to the item; or
2.3. Are only available at an unreasonable price.
3. Paragraph 2. of this clause shall apply to items purchased under this agreement
where:
3.1. The ELC purchases in excess of $10,000 of the item under this agreement; or
EXHIBIT IV
CERTIFICATIONS AND ASSURANCES
P a g e | 70 ELGA 2023-2024
3.2. During the preceding Federal fiscal year, the ELC: (i) purchased any amount of
the items for use under a contract funded with federal appropriations and was
with a federal agency or a state agency or agency of a political subdivision of a
state; and (ii) purchased a total in excess of $10,000 of the item both under and
outside that contract.
P. Procurements and other purchases
The ELC must comply with applicable federal/state procurement requirements. State
procurement instructions are described in ss. 215.971, 287.057, and 287.058, F.S.
However, the ELC is not required to competitively procure direct service providers for
the SR or VPK Programs. The ELC must have documented procurement policies and
procedures which meet the minimum requirements of federal rules and regulations
located at 2 CFR §§ 200.317-200.327.
Q. Property
1. Property purchased in whole or in part with federal funds shall be used for the
purpose of that federal program and accounted for in accordance with applicable
federal and state statutes, rules and regulations. The ELC shall comply with the
provisions of 45 CFR §75.318, Real property, 45 CFR §75.320, Equipment, and 45
CFR §75.321, Supplies. The ELC shall include in all subrecipient contracts, and any
contracts for services which include purchasing/procuring equipment, language which
requires property a subrecipient purchases with funds provided under the agreement
to revert to the ELC upon contract termination.
2. In accordance with DEL Program Guidance 240.02 – Tangible Personal Property,
title to all property acquired with funds provided to the ELC under this agreement
shall be vested in the ELC; however, title and ownership shall be transferred to DEL
upon termination of the ELC’s participation in early learning programs, unless
otherwise authorized in writing by DEL. All property required to be returned to the
Division will be in good working order. See 2 CFR § 200.318, General procurement
standards, s. 273.02, F.S., and Rule 69I-72.002, F.A.C.
3. Pursuant to 2 CFR § 200.302, Financial management, and instructions noted in the
FDOE Green Book, effective control over and accountability for all property and
other assets is required. Small attractive items with a purchase value less than $5,000,
whether classified as equipment, technology items or supplies must be safeguarded.
The ELC shall have a written policy on how these items will be tracked, accounted
for and safeguarded.
4. The term “nonexpendable property” shall include all tangible personal property which
meet the criteria set forth in Rule 69I-72.002, F.A.C. In accordance with 45 CFR §
75.439, Equipment and other capital expenditures, and DEL Program Guidance
240.05 - Prior Approval, property shall not be purchased with program funds without
prior approval from DEL.
5. Contingencies such as liens or other liabilities shall not be placed upon assets
purchased with program funds, nor shall non-expendable property purchased with
program funds be used as collateral.
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6. In accordance with DEL Program Guidance 240.02 – Tangible Personal Property, the
funding sources for the purchase of all such property shall be identified and all such
property purchased in the performance of the early learning programs shall be listed
on the property records of the ELC. The ELC shall inventory annually and maintain
accounting records for all equipment purchased in accordance with DEL Program
Guidance 240.02 – Tangible Personal Property, relevant Florida Statutes, state rules,
federal regulations, and federal cost principles. In addition to the annual inventory
required by October 1 of each year, whenever the custodian or custodian’s delegate
changes, the ELC shall conduct a physical inventory of specified equipment and
provide a copy to DEL.
7. Based on s. 273.055, F.S. and Rule 69I-72.002, F.A.C., when original or replacement
equipment acquired by the ELC or its subrecipient/contractor is no longer needed for
the original project or program or for other activities currently or previously
supported by a federal agency, disposition of the equipment will be made as described
below in section 8.
8. Proceeds received from the sale of property with a current per unit fair market value
up to $5,000 may be retained at the ELC level to be used to support ongoing
operations of the same program that obtained or purchased the property item(s) sold.
Funds from such sales will be treated as other program income in the same ongoing
program(s). This type of income must be amended into a current year's program
budget in which the sale occurred. It shall then be reported in accordance with DEL
Program Guidance 240.01 – Cash Management Procedures. This identification of
income is necessary to meet reporting requirements of HHS. Complete
documentation for this type of income and expenditures must be maintained for
monitoring and auditing purposes. If the ELC no longer receives funds for the
particular project or program, the income from such equipment sales will be returned
to the Division to be forwarded to the US DHHS. Upon termination of a project, and
at the discretion of the Division, all equipment/property purchased with project funds
will be transferred to the location(s) specified by the Division and all necessary
actions to transfer the ownership records of the equipment/property to the Division, or
its designee, will be taken. Equipment initially purchased with federal funds with a
current per-unit fair market value in excess of $5,000 must be processed in
accordance with 2 CFR § 200.313(e)(2), Equipment, with the assistance and prior
written approval of the Division.
R. Reporting of matters related to recipient integrity and performance
Unless exempt from these requirements per OMB guidance at 2 CFR Appendix XII to
Part 200, the ELC shall maintain current information reported to the System for Award
Management (SAM). Portions of these data disclosures about civil, criminal, or
administrative proceedings are also made available in the Federal Awardee Performance
and Integrity Information System (FAPIIS). DEL is required to review and consider this
and other publicly available information to evaluate/review risk related to the ELC’s
integrity, business ethics, and record of performance under federal awards in accordance
with 45 CFR §75.352(b), Requirements for pass-through entities (also 2 CFR §
200.332(b)).
S. System for Award Management (SAM)
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CERTIFICATIONS AND ASSURANCES
P a g e | 72 ELGA 2023-2024
Unless exempt from these requirements under OMB guidance at 2 CFR Part 25 (e.g.,
individuals), the ELC shall:
1. Be registered in SAM prior to entering into this agreement or submitting an
application or proposal by a federal awarding agency. SAM information can be found
at: https://sam.gov/SAM/;
2. Maintain an active SAM registration with current information at all times during
which it has an active federal award or an application or proposal under consideration
by a federal awarding agency; and
3. Provide a valid unique entity identifier in its application or proposal it submits to the
agency. Unique entity identifier means the identifier required for SAM registration to
uniquely identify business entities.
T. Trafficking Victims Protection Act of 2000 (TVPA)
Human Trafficking Requirements are hereby adopted and incorporated herein by reference
as if fully set forth herein. (22 U.S.C. 7104(g), as amended)
U. Prohibition on certain telecommunications and video surveillance services or
equipment
As described in 2 CFR § 200.216, recipients and subrecipients are prohibited to obligate
or spend grant funds (including direct and indirect expenditures as well as cost share and
program) to: (a) Procure or obtain, (b) Extend or renew a contract to procure or obtain; or
(c) Enter into contract (or extend or renew contract) to procure or obtain equipment,
services, or systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in P.L. 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
1. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
2. Telecommunications or video surveillance services provided by such entities or using
such equipment.
3. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
V. Protection of human subjects
The ELC will comply with P.L. 93-348, the National Research Service Reward Act of 1974,
regarding the protection of human subjects involved in research, development, and related
activities supported by this agreement.
EXHIBIT IV
CERTIFICATIONS AND ASSURANCES
P a g e | 73 ELGA 2023-2024
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EXHIBIT V
ELC ADMINISTRATIVE AND CCR&R ORGANIZATION
OFFICE INFORMATION
P a g e | 74 ELGA 2023-2024
EXHIBIT V
Complete the table for the ELC’s administrative and CCR&R Organization office(s). If the administrative
office operates at different days/hours than the CCR&R office, list those offices on separate lines.
Conversely, if the offices operate on the same days and hours, then list them on a single line. Enter
specific dates, not the names of holidays, in the final column.
ELC
Office
Operation
Holiday
County
Address
(street, city, zip)
Office
Type
Days of the
Week
Hours of the
Day
Office Closure
Dates
Escambia
1720 N. Fairfield
Dr. Suite 100/400,
Pensacola, FL
32501
☒Admin
☒CCR&R
M-F
Monday-Thursday
0730 am – 1700 pm
Friday 0730 am –
1130 pm
Fourth of July-
July 4, 2023;
Labor Day -
September 4,
2023; Veterans
Day (Obs) -
November 10,
2023;
Thanksgiving –
November 23,
2023; Day after
Thanksgiving –
November 24,
2023; Optional
holiday
Christmas Eve
(Obs) -
December 22,
2023; Christmas
Day -
December 25,
2023; New
Years Day,
January 1,
2024; MLK
Day – January,
15, 2024;
Memorial Day
– May 27, 2024.
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here to
enter text.
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enter text.
☐Admin
☐CCR&R
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text.
am – pm
am – pm
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text.
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enter text.
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☐CCR&R
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text.
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text.
EXHIBIT V
ELC ADMINISTRATIVE AND CCR&R ORGANIZATION
OFFICE INFORMATION
P a g e | 75 ELGA 2023-2024
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☐CCR&R
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☐CCR&R
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☐CCR&R
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text.
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text.
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☐CCR&R
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text.
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text.
EXHIBIT VI
LIST OF REPORTS
P a g e | 76 ELGA 2023-2024
The ELC is responsible for providing the following reports to the report recipient with a copy of each to the ELC’s
assigned grant manager by the due dates. For reports where the report recipient is an update to the SSIS, the ELC shall
provide email notification to the DEL grant manager that the report requirement has been completed.
Due Date
Reports
Reference
Report Recipient
Within 5 days of the
effective date of this
agreement
A copy of the E-
Verify “Edit
Company Profile”
screen
Exhibit I (J.2.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document Exchange/E-
Verify
July 20
Budget Report
Exhibit II (D.1. and F.5.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document
Exchange/Annual Budget Report
July 31
Return Interest
Earned on Funds
Exhibit II (F.4.)
Division of Early Learning
Attn: Financial Administration and
Budget Services
325 West Gaines Street
Tallahassee, Florida 32399-0400
August 30
Executive Director
Evaluation
Applicable Rules and
Regulations C.2.8.
Rule 6M-9.120
SharePoint/Coalitions Zone/ELC Name/
Coalition Document Exchange/Grant
Agreement Deliverables/CEO-ED
Annual Performance Evaluation
August 31
Internal Control
Questionnaire
Exhibit III (B.4.)
SharePoint/Coalitions Zone/ELC Name/
FMSAS Document Exchange/Current
Year FMSAS/Current Year ICQ (To Be
Completed or Completed)
Last business day in
August
CCR&R Accessibility
Report and CCR&R
Organization’s Plan
for Family
Engagement and
Community Outreach
Exhibit II (C.3.20.)
CCR&R State Network Office
Last business day in
August
CCR&R ELC Staff
List
Exhibit II (C.3.10.)
SharePoint/Coalitions Zone/ELC
Name/Accountability Document
Exchange – Restricted/Current Year
CCRR
October 1
Coalition Annual
Report
Exhibit II (D.7.4.1.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Annual Report
October 1
Master Property
Inventory Report
Exhibit IV (R.6.)
SharePoint/Coalitions Zone/ELC Name/
ELC Inventory
October 1
Revenue and
Expenditure Report
Exhibit II (D.1.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document
Exchange/Annual Expenditure
Report/Current Year
October 1
Subrecipient
Monitoring Plan (for
all contracts, grants,
agreements, and
programs)
Exhibit II (D.6.2.)
SharePoint/Coalitions Zone/ELC Name/
Monitoring Plan
EXHIBIT VI
LIST OF REPORTS
P a g e | 77 ELGA 2023-2024
Due Date
Reports
Reference
Report Recipient
October 1
Warm-Line Narrative
Report & Activity
Log
Exhibit II (D.7.4.2.2.)
SharePoint/Coalitions Zone/Coalition
Document Exchange/Grant Agreement
Deliverables/Warm-Line
Narrative/Current Year
November 1
CCDF Quality
Performance Report
(QPR)
Exhibit II (D.7.4.1.)
As instructed by DEL
Prior to expenditure of
funds and no later than
December 30
PDG-R application
and other required
documents included
in the approved
application
Exhibit II (C.8.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document
Exchange/PDGR
March 1
Annual Compensation
Report
Exhibit IV (C)
Thirty (30) days after
receipt or March 31,
whichever is earlier
Single Audit Report
Exhibit III, Audit
Requirements
SharePoint/Coalitions Zone/ELC
Name/FMSAS Document
Exchange/2022-23 FMSAS/Annual
Audit Files
April 1
Parent Sliding Fee
Scale
Exhibit II (D.1.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Plan/Current
Year>Amendment Submissions
April 15
CCDF Salary Cap
testing Form
Exhibit IV, Section IV.C.
SharePoint/Coalitions Zone/ELC
Name/FMSAS Document
Exchange/Current Year FMSAS/
Current Year Salary Cap Testing
May 1
Continuity of
Operations Plan
(COOP) / Update
Exhibit II (D.4.2.)
SharePoint/Coalitions Zone/ELC
Name/COOP
May 15
Cost Allocation Plan
or Certification Form
Exhibit II (D.2.) and
Exhibit IV, Section III.A.
SharePoint/Coalitions Zone/ELC Name/
FMSAS Document Exchange/Current
Year FMSAS/Current Year Cost
Allocation Plan
May 31
CCR&R Annual
Provider Profile
Exhibit II (C.3.13.)
Update in SSIS
June 30
Anti-Fraud Plan
Exhibit II (D.3.)
Email to
inspector.general@del.fldoe.org
BY SPECIFIED TIMEFRAME
Monthly,
included with invoice
workbook submission
Coalition Funders
worksheet
Exhibit II (D.5.2.)
SharePoint/Coalitions Zone/ELC
Name/Invoices/Current Year
Quarterly
(by October 30, January
30, April 30, July 30)
Minority Business
Enterprise Utilization
Report
Exhibit I (X)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document
Exchange/Quarterly CMBE
Reports/Current Year
Biennially
and as needed thereafter
Coalition Plan & Plan
Amendments
Exhibit II (D.1.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Plan/Current Year
EXHIBIT VI
LIST OF REPORTS
P a g e | 78 ELGA 2023-2024
AS NEEDED
As needed
Conflicts of Interest
and Related Parties
Exhibit III (B.2.) and
Exhibit IV, Section IV
(K.2.)
SharePoint/Coalitions Zone/ELC
Name/Coalition Document
Exchange/Related Parties
As needed,
within 5 days of a new hire
A statement
identifying a new hire
with its E-Verify case
number
Exhibit I (J.3.)
Email to your DEL Grant Manager
As needed,
within 14 days of a change
Supplemental
Executive
Compensation Report
Exhibit IV, Section IV.D.
SharePoint/Coalitions Zone/ELC
Name/FMSAS Document Exchange
Current Year FMSAS/Current Year
Compensation Reporting
As needed,
within 4 months of starting
employment as a CCR&R
Coordinator and
completing the Coordinator
certification
CCR&R Coordinator
Evaluation
Exhibit II (C.3.8.)
CCR&R State Network Office
As needed,
within 4 months of starting
employment as a CCR&R
specialist and completing
the Specialist certification
CCR&R Specialist
Evaluation
Exhibit II (C.3.8.)
CCR&R State Network Office
EXHIBIT VII
SERVICE PROVISION
P a g e | 79 ELGA 2023-2024
Initial whether the ELC or a contracted subrecipient performs each listed activity or whether
neither entity performs the activity.
Program/Task/Activity
ELC
Subrecipient
Contractor*
Neither Entity
CCR&R network
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
Inclusion Warm-Line
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
SR Program
SR child eligibility
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
Management of SR child care
placements
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
SR provider eligibility and contracting
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
Developmental screening
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
SR direct enhancement (quality)
services
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
SR Match Program
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
VPK Program
VPK child eligibility and
enrollment/management of placements
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
VPK provider eligibility and
contracting
WBW
Click or tap
here to enter
text.
Click or tap
here to
enter text.
*For each activity a subrecipient contractor performs, the ELC shall provide the DEL grant
manager a copy of the subrecipient contract at the time of grant agreement execution.
