CN-480000-23801-SA.pdf

SETTLEMENT AGREEMENT BETWEEN

STATE OF FLORIDA, DEPARTMENT OF EDUCATION

AND

PUTNAM COUNTY SCHOOL DISTRICT (NORTH EAST

FLORIDA EDUCATIONAL CONSORTIUM)

23-801

This Agreement made this 16th day of May, 2023, between the Florida, Department of Education, an agency of the State of Florida, 325 West Gaines Street, Tallahassee, Florida 32399-0400, (hereinafter referred to as "Department"), and the Putnam County School District (North East Florida Educational Consortium), 3841 Reid Street, Palatka, Florida 32177 (hereinafter referred to as "Contractor").

WHEREAS, on March 30, 2023, the Department and the Contractor entered into Contract No.: 23-801 to provide educators across approximately 1,900 Florida non-profit private schools with access to professional learning opportunities.

WHEREAS, the contract deliverables were scheduled to begin on January 1, 2023, and

WHEREAS, the contract was not fully executed until March 30, 2023; and

WHEREAS, the Contractor, in good faith, provided necessary services and invoiced the Department accordingly; and

WHEREAS, a portion of the invoice was rejected on the grounds that there was no formal Contract in place;

and

WHEREAS, the Contractor has asserted a colorable legal claim in support of its demand for payment; and

WHEREAS, the Department by entering into this Agreement admits no liability for payment of the work performed by the Contractor.

1. Upon receipt of payment, as provided in paragraph #2 below, the Contractor, for its attorneys, heirs, executors, or administrators, do hereby fully, finally, and forever release and discharge the State of Florida, Department of Education, and its agents, representatives, and attorneys, of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to the contracts and state project, and any invoices for such work including, but not limited to, those claims asserted or other claims that were or maybe asserted in any federal, state or local agency or court, by or on behalf of the Contractor.

2. The Department herein agrees to submit to the Chief Financial Officer of the state of Florida for payment of sixteen thousand five hundred and forty-three dollars and six cents ($16,543.06) in full and complete satisfaction of any amounts or costs associated with the work performed by the Contractor and any claims and invoices associated therewith, or with any other written or verbal supplementation and/or renewal thereto, including all interest and costs and fees associated with the claim matters referenced herein.

3. This Agreement is contingent upon approval by the Chief Financial Officer of the State of Florida. Until such approval is received, the Department has no obligation to make any payments pursuant to this Agreement.