CN-480000-24L20.pdf

STATE OF FLORIDA, DEPARTMENT OF EDUCATION

AGREEMENT FOR SERVICES

No.: 24-L20

Department Agreement No24-L20 Page 1 of 19 Last revised 07.14.2022

THIS Agreement For Services (“Agreement”) is made and entered into by and between Florida State University, Florida Center for Reading Research (“Contractor”), having principal offices at 2010 Levy Avenue, Suite 100, Tallahassee, Florida 32310, and the Florida Department of Education (“Department”), having principal offices in Tallahassee, FL.

WHEREAS, the Department desires to enter into an Agreement with a Contractor to investigate curriculum implementation practices among School Readiness (SR) and Voluntary Prekindergarten (VPK) providers. The Contractor will be required to design a methodology incorporating surveys, interviews, and analysis; and

WHEREAS, the Department has decided to enter into this Contract in accordance with the terms and conditions as provided herein; and

NOW, THEREFORE, in consideration of the mutual representations and covenants contained herein, the parties agree as follows:

1. RECITALS

The recitals are true and correct and are incorporated herein by reference.

2. SCOPE OF WORK

This research project will provide statewide data and analysis of curriculum implementation practices among providers in the SR and VPK program. Results will allow for statewide analysis to inform initiatives, policies, practices, and procedures. Section 1002.88(1)(f), Florida Statute (F.S.), requires the use of a state-approved curriculum or curricula in the provision of the SR program for children ages birth to kindergarten. Child care providers offering school age programs exclusively are not required to select and use state approved curricula. VPK providers may select or design the curriculum that the provider uses to implement the VPK program unless the provider is on probation (F.S. s. 1002.67(4)(c)1.) and chooses to use an approved VPK curriculum as part of their technical assistance plan. Use of a developmentally appropriate curriculum is a vital component of a high-quality early learning program. A comprehensive curriculum implemented with fidelity can play a transformative role in helping improve child outcomes. From helping teachers to create individualized child instruction, to designing parental engagement activities specifically tailored for each child, today’s comprehensive developmentally appropriate curriculum is a major part of the teacher’s daily plan and processes.

Authority and Funding: Section 46 of Chapter 2023-239, Laws of Florida, from the American Rescue Plan (ARP) Act Discretionary Child Care and Development Block Grant Trust Fund.

A. Definitions

1. Classroom Assessment Scoring System (CLASS®, CLASS) – CLASS is a tool for observing and assessing the quality of interactions among teachers and children in classrooms. It measures the emotional, organizational, and instructional supports that engage support for learning, emotional and behavioral support, and responsive caregiving teachers provide that contribute to children’s social development and academic

Department Agreement No. 24-L20 Page 2 of 19 Last revised 07.14.2022 achievement. The observation-based tool assesses interactions between teachers and children for a variety of purposes, including teacher learning, monitoring and evaluation, and research.

2. Child Assessment -The process of gathering developmental information about a child and recording the results with an approved instrument for use in the School Readiness program.

3. Child Care Facility - As defined by s. 403.302(2), F.S., any child care center or child care arrangement that provides child care for more than five (5) children, unrelated to the operator and that receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit which must be licensed by the Florida Department of Children and Families (DCF).

4. Florida Child Care Professional Credential (FCCPC) - Certificate program of study provides the elements of early childhood training required by the DCF to obtain the Florida Staff Credential.

5. Coaching – A process of using an expert with specialized and adult learning, knowledge, and skills, who often serves in a different professional role than the recipient(s). Coaching is designed to build capacity for specific professional dispositions, skills, and behaviors and is focused on goal setting and achievement for an individual or group.

6. Communities of Practice (CoP) – An intervention process utilizing and building upon an internal support system of similar trained Individuals who support the Early Childhood Community by implementing specifically trained techniques to help child care providers.

7. Contract Manager – A person designated by the Department who is responsible for enforcing the performance of contract terms and conditions, pursuant to s. 287.057, F.S.

The Contract Manager is the primary point of contact through which all contracting information flows between the Department and the Contractor.

8. Early Learning Coalition (ELC) – Part of a system of statutorily authorized local entities in Florida that implement early learning programs at the local level including the School Readiness (SR) Program, Voluntary Prekindergarten (VPK) Education Program, and Child Care Resource and Referral (CCR&R) Program.

9. Eligible Population – The eligible population of participants will be SR and VPK child care providers voluntarily participating in DEL’s Curriculum Expansion project occurring concurrently. This expansion project allows participating providers to purchase approved curriculum, associated classroom materials, and related teacher training.

10. Family Day Care Home (FCH) - Section 402.302(8), F.S., defines family day care home as an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit.

11. Florida Assessment of Student Thinking (FAST), Star Early Literacy Assessment Data – These are the instruments that make up the Coordinated Screening and Progress Monitoring Program. It is implemented in all VPK programs as required by s. 1002.68, F.S., and used to assess student achievement of the performance standards established in s. 1002.67(1)(a), F.S., in early literacy and mathematics.

12. Florida Department of Education, Division of Early Learning (DEL) – The governmental entity providing oversight and administration for early learning programs in Florida consisting of, but not limited to, the School Readiness (SR) Program (child care subsidies), the Voluntary Prekindergarten (VPK) Program, and Child Care Resource & Referral (CCR&R) Program.

Department Agreement No. 24-L20 Page 3 of 19

13. Florida Early Learning and Developmental Standards (FELDS) - Florida Early Learning and Developmental Standards (2017), adopted Fall 2017. The Standards and benchmarks reflect the knowledge and skills that a child on a developmental progression should know and be able to do at the end of an age-related timeframe. See http://flbt5.floridaearlylearning.com/

14. Gold Seal Quality Care - A child care facility, large family child care home, or family day care home that is accredited by an accrediting association approved by the DEL and meets all other requirements shall, upon application to the department, receive a separate “Gold Seal Quality Care” designation.

15. Institutional Review Board (IRB) – A committee, represented by the contractor/researcher, that applies research ethics by reviewing and approving the methods proposed for research to ensure they are ethical.

16. Large Family Child Care Home (LFCH) - Section 402.302(11), F.S. An occupied residence in which child care is regularly provided for children from at least two (2) unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two (2) full-time child care personnel on the premises during the hours of operation.

17. Licensed Family Day Care Home (LFDCH) - A Licensed Family Day Care Home is an occupied residence in which child care is regularly provided for children from at least two

(2) unrelated families to the operator. The provider receives a payment, fee or grant for any of the children receiving care whether for profit or nonprofit.

18. Project Manager – A person designated by the Department to be the programmatic point of contact at DEL for the Contractor and responsible for managing DEL programmatic responsibilities under this contract.

19. Redlands Christian Migrant Association (RCMA) - RCMA provides SR services to eligible children and families of the seasonal and migrant farm worker community. RCMA does not provide VPK or CCR&R services.

20. Region – Regions may be used by the contractor during the analysis and reporting phase to define counties or other geographical areas that may be distributed in a manner not consistent within the early coalition’s identified counties.

21. School Readiness (SR) Program – The SR program, administered by DEL through the local ELCs and RCMA, which provides qualified parents financial assistance for child care through a variety of early learning providers.

22. Staff Credential – Florida’s staff credential requirement ensures individuals in child care programs have advanced their education and experience in order to provide developmentally appropriate care.

23. Stipends - Payment method to reimburse and incentivize participation in professional learning opportunities (teachers, directors, other practitioners).

24. Supplemental Curriculum – Term applied to curriculum that is not required to be reviewed and/or approved by DEL for participating in a SR program but is used by the child care provider. Providers may select and use additional supplemental curriculum as needed.

25. Voluntary Prekindergarten (VPK) Education Program – A free educational program 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 VPK in either that year or the year their

Department Agreement No. 24-L20 Page 4 of 19 child turns five (5). The program helps children develop skills and knowledge consistent with the performance standards adopted for use in VPK.

B. Department Responsibilities

1. The Department shall work with the Contractor to enlist a Data Sharing Agreement (DSA) to allow for the needed data exchange of SR and VPK information between the Department and the Contractor. This data may include but is not limited to the indicators described in Section 1.2.1 (Provider Indicators).

2. The Department shall work with the Contractor to ensure the list of eligible providers/participants is available from the ELC’s and RCMA. ELC’s and RCMA shall submit SR and VPK provider information (participants) through an established method by the Contractor (unique email project email address).

3. The Department shall provide guidance to the Contractor regarding management of funds.

4. The Contract and Project Managers shall be available to meet with the Contractor on an as needed basis to discuss ongoing project activities.

a. The Contract and Project Managers shall determine, at their discretion, what constitutes acceptable services, reports, and deliverables pursuant to this contract.

b. The Contract and Project Managers shall work with the Contractor to resolve any deficiencies noted by the Department in the tasks that led to disapproval.

c. The Project Manager shall participate in planning and progress meetings throughout the Contract term.

d. The Department is responsible for contracting and securing commitment from the required members, meeting agendas, etc., and any documentation necessary.

3. PROJECT PHASES AND DELIVERABLES

A. Major phases of the project include:

1. Manner of Service Provision

1.1. Methodology, Survey Dissemination, and Survey Platform. The Contractor shall develop a data analysis methodology, a survey dissemination process, and describe the survey platform.

1.1.1. The Methodology

1.1.1.1. The Contractor has a target goal of obtaining data on 25% of the child care provider population (not to exceed a total 625 VPK/SR providers). For each provider, this will entail getting information from the director, and information on an average of three (3) teachers per provider. The 25% will be selected to try to make the resultant sample as representative as possible of all the child care providers that are participating in the larger project.

1.1.1.2. From the child care provider population, the director and the average of three (3) teachers will complete an on-line survey designed in collaboration with the Department.

1.1.1.3. Each survey response will be reviewed by the Contractor's research staff who will follow up with the directors and teachers (i.e., phone interviews) to get clarification, if needed.

1.1.1.4. The estimated timeframe for the survey data collection phase will take place from December 2023 through March 2024.

Department Agreement No. 24-L20 Page 5 of 19

1.1.1.5. From completed surveys and follow-up interviews, a random selection of providers (not to exceed 10% of providers participating in the follow-up interviews) will be selected to participate in on-site observations. Site visits will be conducted by the Contractor and commence no sooner than January 2024 and continue as needed through April 2024. Site visits will be used to investigate classroom practices as they relate to their curriculum and compare providers’ self-reported responses (data) from the survey to observed practices.

1.1.1.6. As the Contractor receives participant information, the Contractor will utilize the ELC and RCMA point of contact to verify additional local services or training for participants that may impact curriculum implementation. This will represent an additional area of investigation and analysis.

1.1.1.7. The Contractor will work with the Department to draft and finalize the survey.

1.1.1.8. After the survey design has been approved, the survey instruments will be submitted for the Contractor’s Institutional Review Board (IRB) approval process.

1.1.1.9. The Contractor will work with the school districts who have local IRB approval processes to obtain local authorization as needed.

1.1.1.10. The Contractor will obtain and retain participant consent prior to initiating the survey and related follow-up interviews and site visits.

1.1.1.11. After IRB approval, the Contractor will contact all the eligible population of providers in the Department project to solicit participation, with the exception of school district providers that require local IRB approval. The Contractor will solicit providers that are part of a school district with district permission, when required.

1.1.1.12. From the population of providers consenting to participate, the Contractor will randomly select providers for participation in such a way to attempt to match those who participate in this phase of the project with those participating in the larger project (i.e., a “representative sample”). The Contractor will then provide directors and teachers with links to on-line consent forms.

1.1.1.13. The research analyses will be primarily descriptive and to the extent possible (with outcome data) predictive (correlations, regressions). Descriptively, there may be differences between types of programs or ELC’s and RCMA in terms of resources provided, and analysis of differences will be represented by means or frequencies.

1.1.1.14. The Contractor will provide nominal stipends (not to exceed $30 per participant, per survey, interview, or site visit) to encourage participation.

1.1.1.14.1. The Contractor will provide end of project reporting that captures stipend distribution by recording participant amounts and dates of payments. All recording and reporting provided to the Department shall be provided confidentially by using participant pseudo codes/numbers.

1.1.1.15. The Contractor will use survey participation locality demographics to help secure sample population representing urban, suburban, and rural areas that are representative of the entire state of Florida, although as constrained by participation in the larger project.

1.1.2. Survey Dissemination

1.1.2.1. The Contractor will provide ELC’s and RCMA a unique project email address allowing them to supply their local provider/participant information for this project.

Department Agreement No. 24-L20 Page 6 of 19

1.1.2.2. Potential Sample: Department provided estimates from the previous curriculum expansion project with total participation of 2,423 providers (self-reported breakdown: SR 1,466 and VPK 957). The Contractor will be allowed to adjust methodology regarding sampling methods and population estimates according to the total number of participants submitting applications during this project application window (approximately July 1, 2023, through November 17, 2023), unless otherwise notified by the Department.

1.1.3. Survey Platform

1.1.3.1. The survey platform shall be easily accessible online and include a user-friendly ADA compliant survey platform.

1.1.3.2. The Department will review the survey platform and provide any necessary comments or concerns within 15 business days of receipt from the Contractor.

1.2. Curriculum Implementation Survey Requirements: The Contractor shall work collaboratively with the Department to create an online survey, follow-up questionnaire, and onsite visit objectives, to capture information related to provider and teacher demographics, curriculum implementation practices, physical environment, and other practices that may impact curriculum implementation. At a minimum, the following indicators must be included but may be modified according to the Contractor's survey methodology and the available Department data.

1.2.1. Provider Indicators:

1.2.1.1. Provider legal name and Federal Employer Identification Number

1.2.1.2. Child Capacity

1.2.1.2.1. Department of Children and Families (DCF) Licensed capacity

1.2.1.2.2. The actual number of children served

1.2.1.3. Population served

1.2.1.3.1. Rural

1.2.1.3.2. Commuter

1.2.1.3.3. Suburban

1.2.1.4. Percentage of private-pay versus subsidized children

1.2.1.5. Provider location(s) (county, ELC, RCMA, zip)

1.2.1.6. Provider type

1.2.1.6.1. Family Day Care Home (FCH)

1.2.1.6.2. Child Care Facility (CCF)

1.2.1.6.3. Large Family Child Care Home (LFCH)

1.2.1.6.4. Public School

1.2.1.6.5. License status (Exempt, Licensed, Registered)

1.2.1.6.6. Other

1.2.1.7. SR participation

1.2.1.8. VPK participation

1.2.1.9. Both SR and VPK participation

1.2.1.10. Gold Seal Quality Care Accreditation

1.2.1.11. Faith-based

1.2.1.12. Florida Assessment of Student Thinking (FAST) using the Star Early

Literacy Assessment Data

Department Agreement No. 24-L20 Page 7 of 19

1.2.1.13. CLASS scores (Contractor may group as low, medium, high, exempt or no score)

1.2.1.14. SR approved Child Assessment instrument use?

1.2.1.15. VPK provider on probation? If yes, did they select approved curriculum as part of their technical assistance?

1.2.1.16. Participate in other professional learning opportunities?

1.2.2. Curriculum Indicators - The following indicators must be included but may be modified according to the Contractor's survey methodology:

1.2.2.1. Curriculum name

1.2.2.2. Is it approved for SR or VPK?

1.2.2.3. Primary decision to use (cost, reputation, prior use, recommendation, other)?

1.2.2.4. If the curriculum is not approved for SR or VPK, is it aligned with Florida

Early Learning and Developmental Standards (FELDS)?

1.2.2.4.1. Is it appropriate for dual language learners and children with special needs?

1.2.2.4.2. Does the curriculum allow use in all age groups?

1.2.2.4.3. Is it comprehensive, research-based, and includes information on room arrangement, daily schedule, materials, lesson plans, classroom activities, etc.?

1.2.2.5. Type of curriculum (online, subscription based, hard copy, or other)?

1.2.2.6. Does it contain an aligned child assessment component?

1.2.2.7. Does it contain a fidelity measure for administrators?

1.2.2.8. Does the curriculum contain a parent portal or have parent engagement activities?

1.2.2.9. Does it contain an online community forum for teachers?

1.2.2.10. Curriculum training:

1.2.2.10.1. Does the curriculum offer training?

1.2.2.10.2. Participation by director or teachers?

1.2.2.10.3. Does the training occur during preservice or in-service?

1.2.2.10.4. What is the method of training delivery (face-to-face, virtually facilitated, online, modules etc.)?

1.2.2.10.5. Does the curriculum offer continuing professional learning?

1.2.2.10.5.1. Does staff participate?

1.2.2.10.6. How many hours of training is recommended by the curriculum author?

1.2.2.10.7. How would you rate the training in preparing your staff for curriculum implementation?

1.2.2.11. Curriculum use as indicated by the provider (use of a fidelity checklist?)

1.2.2.12. Use of supplemental curriculum

1.2.2.12.1. Name, type (online, hard copy, other)

1.2.2.12.2. What is the main reason for using a supplemental curriculum?

1.2.2.12.3. Does the supplemental curriculum offer training?

1.2.2.12.4. Participation by director or teachers?

1.2.3. Director/Teacher Qualifications/Training/Coaching Indicators:

1.2.3.1. Does the provider participate in Coaching?

1.2.3.2. Does the provider participate in Communities of Practice?

Department Agreement No. 24-L20 Page 8 of 19

1.2.3.3. Does the Provider use a membership or curriculum technical assistance service?

1.2.3.4. Does the provider use additional curriculum or parent engagement subscriptions or services (other than Child Assessment)? If yes, please explain.

1.2.3.5. Director education level

1.2.3.6. Director years of experience

1.2.3.7. Participation in other professional learning initiatives? If yes, please describe.

1.2.3.8. Number of teachers

1.2.3.9. Teacher(s) education level

1.2.3.9.1.1. Number of teachers with high school diploma or equivalent as highest education.

1.2.3.9.1.2. Number of teachers with associate degrees as highest education.

1.2.3.9.1.3. Number of teachers with bachelor's degrees as highest education.

1.2.3.9.1.4. Teacher(s) years of experience – Contractor may use the following choices (less than one (1) year, less than five (5) years, five (5) to 10 years, more than 10 years).

1.2.3.9.1.5. Highest level of teacher credentials (i.e., Staff Credential)?

1.2.4. Physical Environment:

1.2.4.1. Classroom Organization

1.2.4.1.1. Defined Interest Areas – areas are organized for art, play, blocks, etc.

1.2.4.1.2. Materials are easily accessible to children.

1.2.4.1.3. Toys, materials, and manipulatives are age appropriate.

1.2.5. Structure:

1.2.5.1. Planning

1.2.5.1.1. Detailed lesson plans or weekly planning are posted or easily accessible.

1.2.5.1.2. Active times and quiet times are alternating and included in the schedule.

1.2.5.1.3. Outdoor play and/or activities are designed and planned for every day.

1.2.5.1.4. Large and small groups activities are planned.

1.2.6. Families:

1.2.6.1. Does the provider or teacher work with families individually to help with a child’s progress?

1.2.6.2. Does the provider or teacher conduct regular meetings with families to discuss the child's progress?

1.2.6.3. Does the provider or teacher utilize a system (other than chosen curriculum) to guide family engagement?

1.3. Deliverables

1.3.1. Final Survey: The Contractor shall submit a final survey to be used as an online survey, follow-up questionnaire template, and onsite visit objectives.

1.3.2. Mid-Point Progress Report: The Contractor shall submit a mid-point progress report that provides information and updates to include, but not limited to the following:

1.3.2.1.1. Contractor IRB process

1.3.2.1.2. Local IRB process

1.3.2.1.3. Number of active participants

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1.3.2.1.4. Number of completed surveys

1.3.2.1.5. Number of attempted/not completed surveys

1.3.2.1.6. Participant location (Region or ELC or RCMA)

1.3.2.1.7. Participant consent update (#’s)

1.3.2.1.8. Follow-up interview update

1.3.2.1.9. Site visit update

1.3.2.1.10. Data requests update (data received, data pending, data request issues)

1.3.2.1.11. Data analysis update

1.3.2.1.12. Barriers and challenges

1.3.3. Stipend Report: The Contractor shall submit a stipend report that captures stipend distribution by recording participant amounts and dates of payments. All stipend recording and reporting provided to the Department shall provide confidentiality by using participant pseudo codes/numbers.

1.3.4. Final Progress Report (Final Analysis Report): The Contractor shall provide an ADA compliant report as a PDF and MS Word document, detailing the results of the final analysis, including at a minimum:

1.3.4.1. An Executive Summary to be used as a white paper (highlights of the project)

1.3.4.2. A Summary of the goals

1.3.4.3. Purpose

1.3.4.4. Methodology

1.3.4.5. Outcomes/Results

1.3.4.6. Recommendations

1.3.4.7. Break-out of participation by Region or ELC’s or RCMA

1.3.4.8. Total number of completed surveys by Region or ELC’s or RCMA

1.3.4.9. Total number of partially completed surveys by Region or ELC’s or RCMA

1.3.4.10. All raw data collected as a result of the survey, follow-up questionnaire, and site visits shall be submitted (anonymized) as separate attachments in MS Excel or an agreed upon format.

B. Deliverables:

Deliverable Evidence of Completion Due Date Cost

1. Monthly Project

Updates The Contractor will virtually meet with the Department project team for an initial kick-off meeting and monthly (as needed) thereafter to provide updates, discuss and address any issues or challenges, and other topics as the Contractor and DEL deem appropriate.

The Contractor shall provide an agenda for each meeting a minimum of two (2) business

Within 15 calendar days following the contract execution, and by an agreed upon date of each month (as needed), throughout the duration of the contract.

N//A

Department Agreement No. 24-L20 Page 10 of 19 days prior to the meeting dates.

2. Final Survey The Contractor shall submit a final survey and questionnaires to be used in the analysis containing components outlined in section 3.A.1.1.1.7.

Due on or before January 1, 2024

$205,000.00

3. Mid-Point Progress Report

The Contractor shall submit a report outlining all elements outlined above in section 3.A.1.3.2

On or before March 28th

$107,499.00

4. Stipend Report The Contractor shall submit a Stipend report as described in section 3.A.1.3.3

On or before July 31, 2024 $75,000.00

5. Final Progress Report (Final Analysis Report)

The Contractor shall submit an analysis report including all requirements outlined in section 3.A.1.3.4

On or before July 31, 2024 $112,501.00

Total Contract Amount: $500,000.00

4. FINANCIAL CONSEQUENCES

If the Contractor fails to meet the minimum level of service or performance identified, the Department will be injured as a result thereof. If the requirements are not timely and satisfactorily performed, the Contractor shall be subject to one or more of the financial consequences listed. The contract manager shall periodically review the progress made on the activities and deliverables. If the Contractor fails to meet and comply with the activities/deliverables established or to make appropriate progress and they are not resolved within two weeks of written notice; the contract manager may approve: (1) withholding of payment until the deficiency is cured, (2) request the contractor redo the work, or (3) a reduced payment by the rate established under this contract. The contract manager must assess one or more of the financial consequences based on the severity of the failure to perform and the impact of such failure on the ability of the contract to meet the timely and desired results. These financial consequences shall not be considered penalties. The Department: at its sole discretion, may offer the Contractor an extension for any listed tasks, timelines, or deliverables during which the indicated financial consequences shall not apply.

Notification of any extension shall be provided to the Contractor in writing. If financial consequences are imposed and due; the Department may offset the financial consequences from the next invoice or from the final retained payment or require separate payment. Any payment made in reliance on the Contractor's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an over payment.

5. PAYMENT

This is a fixed rate method of payment contract.

A. The total payment or the amount the total payment shall not exceed is $500,000.00. The rates and units listed in the Deliverable table in Section 3.B. is Fixed Rate.

1. The total Contract amount is all-inclusive, and the Department will not compensate the

Contractor any other amounts related to Contract performance over and above the

Department Agreement No. 24-L20 Page 11 of 19 contracted rate per deliverable, such as travel expenses, license fees, taxes, miscellaneous expenses, overhead, etc.

2. The Department will pay the Contractor in arrears the price agreed to for each completed deliverable identified in Section 3.B. Deliverables, minus any amounts due to the Department for financial consequences.

3. The Contractor agrees to provide the services described in the Scope of Work per the terms and conditions specified in the Contract and at the quantities and costs detailed in Contractor’s approved budget.

B. Invoice Requirements

1. The Contractor shall provide the customer invoices in accordance with the requirements of the State of Florida Reference Guide for State Expenditures.

2. Invoices must be:

a. Legible and clearly reflect the goods and services provided in accordance with the Contract terms for the invoice period. Payment does not become due until the invoiced deliverables and evidence of completion are approved and accepted, in writing, by the Department’s Contract Manager.

b. Contain the Contractor’s name, address, federal employer identification number or other applicable Contractor identification number, Contract number, invoice number, and the invoice period. The Customer or the State may deem necessary and require additional information from the Contractor to process the invoice.

c. Be submitted with the deliverable, on the deliverable due date, and in accordance with the time requirements specified in Section 3.B. Deliverables.

d. Be originally signed in either paper or electronic format and include the following attestation of the goods and services provided for the invoice period (2CFR § 200.415 required certifications):

By signing this invoice, I certify to the best of my knowledge, belief that the invoice 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.

e. The Contractor shall submit all invoices and expenditure reports to the Department’s Contract Manager per the contact information below:

The Department’s Contract Manager Name: Aimee Ashley Title: Contract Manager

Address: OELContractInvoices@del.fldoe.org Office Phone: (850) 717-8680

E-mail Address: Aimee.Ashley@del.fldoe.org

C. Invoice Payment

1. The Department shall make payment according to s.215.422 and s.287.0585, F.S., which govern time limits for payment of invoices.

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2. The Department shall pay the Contractor for documented services delivered per the terms and conditions set forth in the scope of work at the rates listed in Section 3.B. Deliverables, as approved by the Department’s Contract Manager.

3. Section 3.B. Deliverables describes the specified activity to which each amount pertains and the criteria under which the Contractor earns portions of the amount that is set aside.

4. The Department’s Contract Manager will review, approve, and submit approved invoices for payment.

6. INDEMNITY

The Contractor shall indemnify, defend and hold harmless the Department, its attorneys, agents and employees, from and against any and all third party claims, suits, debts, damages, and causes of action, whatsoever, whether arising in law or in equity, arising out of or relating the Contractor’s performance or failure to perform under this Agreement. The indemnification shall include reasonable attorney fees and costs incurred by the Department, its attorneys, agents, and employees, in the defense of any such claim, suits or causes of action, as aforesaid.

Both parties recognize that the Florida Legislature has waived sovereign immunity for state agencies for tort liability, but only to the extent specified in § 768.28, Florida Statues.

7. STANDARD TERMS AND CONDITIONS

Pursuant to Section 287.058, Florida Statutes:

A. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.

B. Travel expenses will be reimbursed only if approved in writing by the Department before such expenses are incurred. Bills for any travel expenses shall be submitted in accordance with s.

112.061, F.S.

C. The Department may unilaterally cancel this Agreement if Contractor refuses to allow access by members of the public to all documents, papers, letters and materials made or received in conjunction with the Agreement that are subject to Chapter 119, F.S., and are not exempt from public inspection by s. 119.071, F.S., or by other provisions of general or special law. Record copies will be retained five (5) fiscal years after completion or termination of the contract, provided applicable audits have been released.

D. The deliverables specified in the Agreement must be received and accepted in writing by the Department’s Contract Manager before Contractor is entitled to payment.

E. To complete this Agreement, all services must be performed and/or goods received on or before the date(s) specified in the Agreement.

F. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

8. TERM AND TERMINATION

Term. This Agreement shall be in effect from the date it is executed by all parties and shall terminate on July 31, 2024. This Agreement may not be renewed. This Agreement may be cancelled by written agreement of the Department and the Contractor specifically referencing this Agreement. Such agreement shall specify the remaining measures necessary to be taken by each party.

Department Agreement No. 24-L20 Page 13 of 19

Termination Based on Breach. The Department may terminate the Agreement if the Contractor or the project manager fails to 1) deliver the product within the time specified in the Agreement or any extension, 2) maintain adequate progress, thus endangering performance of the Agreement, 3) honor any term of the Agreement, or 4) abide by any statutory, regulatory, or licensing requirement.

The Contractor shall continue work on any work not terminated. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under the Agreement.

Termination Based on Convenience. The Department, by written notice to the Contractor, may terminate the Agreement in whole or in part when the Department determines in its sole discretion that it is in the State’s interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Agreement, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits.

Other Termination. The employment of unauthorized aliens by any contractor is considered a violation for § 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Agreement.

9. APPLICABLE LAW

This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. The Department’s approval of this contract does not excuse compliance with any law. Venue for purposes of any action brought hereunder shall lie in Leon County, Florida.

10. STATE TERM CONTRACT

This Agreement was not awarded pursuant to a Request for Quote (“RFQ”) or a State Term Contract.

11. MISCELLANEOUS

Notice and Service. All notices or requests, including communications and statements which are required or permitted under the terms of this Agreement, shall be in writing and shall be sent by recognized commercial overnight courier, or mailed by United States registered or certified mail or facsimile. Notices shall be effective upon receipt.

Notices shall be sent to the parties at the following addresses:

For Department:

Aimee Ashley, Contract Manager 325 W. Gaines Street, Suite 944 Tallahassee, Florida 32399-0400 Phone: 850-717-8680 Email: Aimee.Ashley@del.fldoe.org

For the Contractor:

John Schmick, Grants Officer 874 Traditions Way, SSB Third Floor Tallahassee, FL 32306-4166 Phone:850-644-5260 Fax:850-644-1464

Department Agreement No. 24-L20 Page 14 of 19

Email: SRA-Pre@fsu.edu

Captions. All indices, titles, subject headings, section titles and similar items contained in this

Agreement are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning, content or scope of this Agreement.

Binding Agreement; Assignments. Neither party shall assign this Agreement or any of the rights hereunder or assign or delegate any of the obligations hereunder, without the prior written consent of the other.

No Exclusive Remedy. Except as set forth herein, all remedies, rights and obligations contained in this Agreement shall be cumulative and none of them shall limit or preclude any remedy or right available under this Agreement or at law or in equity.

Copyrights. The Contractor further warrants that as to each deliverable provided pursuant to this Agreement, its production of the deliverable, and the Department’s use of the deliverable, will not infringe upon the copyrights of any third party. This provision applies to each work of authorship in which copyrights subsist pursuant to 17 U.S.C § 102-105 and to each exclusive right established in 17 U.S.C. § 106.

Lobbying. Pursuant to § 216.347, F.S., no funds paid under this Agreement may be used for the purpose of lobbying the Legislature, the judicial branch, or a State agency.

Insurance. The Contractor must carry general liability insurance. The amount of coverage shall be a minimum of $200,000 per person and $300,000 per event. The insurance shall cover all of the Contractor’s operations under this Agreement and shall be effective throughout the Term of this Agreement. The Contractor must submit a Certificate of Insurance indicating coverage for general liability purposes and additional insured coverage and shall maintain and pay for same throughout the Term of this Agreement. A Certificate of Insurance indicating adequate coverage shall be submitted to the Department prior to the time the Agreement is entered. Any and all insurance policies shall be through insurers qualified to do business in Florida.

Severability. In the event any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement, while the remainder of this Agreement shall remain in full force and effect according to its terms.

Miscellaneous. The Department and the contractor waiver application of the principle of contract construction that ambiguities are to be construed against a contract’s drafter and agree that this Agreement is their joint product.

Access to Public Records: The Parties shall grant access to all records pertaining to the Agreement to the Department’s Inspector General, General Counsel and other agency representatives, the State Auditor General, the Office of Program Policy and Government Accountability, and the Chief Financial Officer.

Public Records: In fulfilling its obligations under this Agreement and Chapter 119, F.S., Parties must comply with the requirements outlined in s. 119.0701, F.S. If the Parties fail to comply with a public records request pursuant to Chapter 119, F.S., the Department may take any action under this Agreement necessary to ensure compliance with Florida’s public records laws, including, but not limited to, demanding compliance with a public records request, seeking indemnification from Parties regarding an action brought to enforce a public records request sent to the Parties, or terminating the Agreement. Pursuant to s. 119.0701, F.S., the Parties must:

Department Agreement No. 24-L20 Page 15 of 19

1. Keep and maintain public records required by the Department to perform the service;

2. Upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, F.S., or as otherwise provided by law;

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Parties does not transfer the records to the Department; and

4. Upon completion of the Agreement, transfer, at no cost, to the Department all public records in possession of the Parties or keep and maintain public records required by the Department to perform the service. If the Parties transfers all public records to the Department upon completion of the Agreement, the Parties shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Parties keeps and maintains public records upon completion of the Agreement, the Parties shall meet all applicable requirements for retaining public records.

All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

IF THE PARTIES HAVE QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

THE PARTIES’ DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AGREEMENT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT 850-245-0735 &

contractcustodian@fldoe.org, Florida Department of Education, Attn: Contract Custodian 325 W. Gaines Street, Suite 344, Tallahassee, FL 32399-0400.

Executive Order 20-44: each contractor meeting the following criteria: 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 shall provide to the department an annual report in the format required by the department. 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 contractor is not required to file such Form

990. Contracted entities must inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the contracted entity.

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

Department Agreement No. 24-L20 Page 16 of 19

Unless otherwise specifically authorized herein, Contractor shall not convey anything of value, including but not limited to gifts, loans, rewards, favors, or services, directly to any agent, employee, or representative of the Department, and shall promptly notify the Department in the event that an agent, employee or representative of the Department attempts to solicit the same.

12. SUB-AWARD

This Agreement is not considered a sub-award under the following:

A. Federal Award #: 2101FLCDC6 B. Federal Award Date: 2021

C. Catalog of Federal Domestic Assistance, CFDA # 93.575

D. Federal Award Description: American Rescue Plan Act of 2021 (ARPA) E. Awarding Agency: US Department of Health and Human Services

13. MYFLORIDAMARKETPLACE

A. MyFloridaMarketplace Vendor Registration: Each Vendor doing business with the State of

Florida for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, shall register in MyFloridaMarketPlace, in compliance with Rule 60A-1.030, Florida Administrative Code, unless exempt under Rule 60A-1.030(3) Florida Administrative Code.

B. MyFloridaMarketplace Transaction Fee: The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system.

Pursuant to section 287.057(23), Florida Statutes (2002), all payments for commodities and/or contractual services as defined in Section 287.012, Florida Statutes, shall be assessed a Transaction Fee, which the Vendor shall pay to the State, unless exempt under Rule 60A-1.032, Florida Administrative Code. Notwithstanding the provisions of Rule 60A-1.030, et seq., the assessment of a transaction fee shall be contingent upon Federal approval of the transaction fee assessment program and continued payment of applicable federal matching funds.

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

The Vendor shall receive a credit for any Transaction Fee paid by the Vendor for the purchase of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor’s failure to perform or comply with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees.

VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM

CONDUCTING FUTURE BUSINESS WITH THE STATE.

Department Agreement No. 24-L20 Page 17 of 19

14. CONFIDENTIAL DATA

The provisions of the Florida Public Records Act, Chapter 119, Florida Statutes, and other applicable state and federal laws will govern disclosure of any confidential information received by the State of Florida. See 2 CFR §200.337, Restrictions on public access to records, and 2 CFR §200.82, Protected Personally Identifiable Information (PPII), to review federal grant program instructions.

The Contractor will treat data obtained from the Division, Early Learning Coalitions or other Partner Agencies as confidential as required under Sections 1002.72 and 1002.97, F.S., and other applicable laws. The Contractor agrees not to use or disclose any information concerning Contractor’s services under this Contract for any purpose not in conformity with state and federal law or regulations except upon written consent of the public assistance recipient, or their responsible parent or guardian when authorized by law, if applicable, and then only with the prior written approval of the Division.

All Contractor personnel, including its employees, sub-Contractors, agents, or any other individuals to whom the Contractor allows access to confidential information while performing work under the Contract must receive instruction from the Division regarding the confidential nature of the information and the requirements of the contract. The Contractor shall be provided with these instructions if applicable.

15. RETURN OR DESTRUCTION OF CONFIDENTIAL DATA

Upon termination of the Contract for any reason, Contractor agrees to either return to the Division or, if return is not feasible, destroy all confidential information in whatever form or medium that Contractor received from or created on behalf of the Division to include without limitation all backup tapes. This provision shall also apply to all confidential information that is in the possession of sub- Contractors or agents of Contractor. In such case, Contractor shall retain no copies of such information, including any compilations derived from and allowing identification of confidential information.