Request for Proposal (RFP) for STEAM Kits and Training Programs

Date Issued: January 28, 2026 RFP Number: #2026-STEAM Kits Proposal Due Date: March 3, 2026

Section I - Introduction

1.1 Introduction

The Early Learning Coalition of Brevard County, Inc. (ELC of Brevard) is a nonprofit organization committed to ensuring that all children and families in Brevard County have access to high-quality early care and education programs that prepare children for lifelong success. To support this mission, ELC of Brevard is soliciting proposals the design, produce, and distribute up to for up to 5,000 STEAM (Science, Technology, Engineering, Arts, and Mathematics) Learning Kits for children enrolled in early learning centers. The project will also include comprehensive training programs and ongoing supports for teachers to ensure effective classroom implementation. An award of up to $300,000 is available for this effort.

SECTION II – SCOPE OF SERVICES

2. Scope of Services

2.1 Services to be Provided. The selected contractor will be responsible for:

Project Goals

Increase access to high-quality, developmentally appropriate STEAM learning materials for young children.

Strengthen teacher capacity to deliver engaging, hands-on STEAM instruction.

Support consistent and equitable implementation of STEAM activities across early learning centers.

Scope of Work

The Contractor shall be responsible for the following components:

2.1. STEAM Learning Kit Development

Design age-appropriate STEAM Learning Kits aligned with early childhood standards and best practices.

Kits shall support hands-on exploration, problem-solving, creativity, and inquiry-based learning.

Each kit must include all necessary materials, clear instructions, and suggested classroom activities.

Materials must be safe, durable, and appropriate for use in early learning environments.

2.2. Quantity and Distribution

Produce and deliver up to 5,000 STEAM Learning Kits.

Kits shall be delivered directly to participating early learning centers/schools.

Two hundred (200) kits shall be delivered to the ELC Office for inventory, training, or redistribution purposes by 3/25/2026.

The Contractor shall coordinate delivery schedules and confirm receipt with each delivery location.

2.3. Teacher Training Programs

Develop and deliver training for teachers on effective use of the STEAM Learning Kits.

Training shall include, at minimum:

o An overview of STEAM concepts for early learners o Guidance on integrating kits into daily classroom instruction o Strategies for differentiated instruction and inclusive practices

Training may be offered through a combination of in-person sessions, virtual workshops, and/or on-demand modules. Training must be completed by 6/30/2026.

2.4. Ongoing Teacher Supports

Provide post-training supports to reinforce implementation, which may include:

o Coaching or technical assistance o Resource guides or lesson extensions o Access to a help desk, office hours, or online support platform

Supports should be available for a defined implementation period following kit distribution.

2.5. Project Management and Coordination

Assign a project manager to oversee all aspects of the work.

Coordinate with the ELC or designated representative regarding timelines, distribution lists, and training schedules.

Ensure all activities are completed within the agreed project period and budget.

2.5 Deliverables

Up to 5,000 completed STEAM Learning Kits Delivery of 200 kits to the ELC Office and remaining kits to schools Teacher training curriculum and materials

Completion of teacher training sessions Ongoing support resources for teachers Final project report summarizing activities, outcomes, and expenditures

2.6 Timeline

The Contractor shall propose a detailed project timeline, including kit development, production, delivery, training, and support phases.

All deliverables must be completed within the contract period established by the

ELC.

2.7 Budget and Compensation

Total compensation for this scope of services shall not exceed $300,000.

The budget must include all costs associated with kit development, materials, production, delivery, training, supports, and project management.

2.8 Reporting and Accountability

The Contractor shall submit periodic progress updates as requested.

A final report shall document quantities delivered, training participation, and overall project outcomes.

2.9 Compliance and Quality Assurance

All work shall comply with applicable local, state, and federal requirements.

The Contractor shall ensure quality control for materials, training content, and service delivery.

This Scope of Services is intended to ensure the successful delivery and implementation of STEAM Learning Kits and related teacher supports for early learning centers.

SECTION III – SELECTION METHOD AND INSTRUCTIONS

3 Proposal Requirements

3.1 Proposals must include the following:

1. Cover Letter o Brief introduction and expression of interest.

2. Organization/Consultant Information o Name, address, website, and primary contact details.

o Overview of experience in designing, producing, and distributing similar learning kits in early learning as well as training programs and ongoing support for teachers.

3.2 Relevant Experience

o Examples of at least 3 successfully funded proposals, preferably in early learning or education.

o Description of familiarity with state and federal funding streams relevant to early learning coalitions.

3.3 Approach and Work Plan

o Outline of methodology for designing, producing, and distributing kits and training and ongoing support for teachers.

o Timeline of deliverables.

3.4 Pricing

o Detailed fee structure (hourly, per proposal, retainer, or blended).

o Any additional anticipated costs.

3.5 StaƯ Qualifications

o Résumés or bios of key personnel assigned to this engagement.

3.6 References

o At least three references from current or former clients, preferably in early childhood or education sectors.

3.7 Evaluation Criteria

Proposals will be evaluated on:

Relevant experience and demonstrated success in design, produce, and distribution of kits, developing and deliver training for teachers on eƯective use of the STEAM Learning Kits

Knowledge of early learning funding opportunities.

Qualifications of assigned personnel.

Proposed methodology and work plan.

Cost-eƯectiveness.

References and reputation.

3.5. Submission Instructions

Deadline for Submission: March 2, 2026

Submit Proposals To:

Becky Hayslip Early Learning Coalition of Brevard County, Inc.

2671 e Eau Gallie Blvd Suite 102 Melbourne, FL 32935 bhyslip@elcbrevard.org

Electronic submissions are not accepted. All proposals must be received by the deadline to be considered.

3.6. Questions and Clarifications

All questions regarding this RFP must be submitted via email by 2/4/2026. Responses will be shared with all potential bidders.

3.7. Additional Information

The Early Learning Coalition of Brevard County reserves the right to:

Reject any or all proposals.

Negotiate terms with any respondent.

Award a contract in the best interest of the Coalition.

Issuance of this RFP does not obligate the Coalition to award a contract or pay any costs incurred in preparing a response.

3.8. Tentative Timeline

Activity Date

RFP Issued January 28, 2026

Deadline for Questions February 4, 2026

Proposals Due March 2, 2026

Selection of Contractor March 13, 2026

Anticipated Contract Start Date March 16, 2026

SECTION IV – TERMS, CONDITIONS AND OTHER REQUIREMENTS

4.1 Federal and State Tax

ELC is exempt from federal taxes; in addition, the Coalition is exempt from State and County tangible personal property taxes, sales taxes, and intangible taxes. ELC's Chief Executive Officer will sign an exemption certificate submitted by the successful company.

The company doing business with the Coalition will not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the ELC, in addition, the successful company will not be authorized to use the Coalition’s tax exemption number in securing such materials.

4.2 Legal Requirements

It shall be the responsibility of the provider to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein. Lack of knowledge by the company will in no way be a cause for relief from responsibility. Companies doing business with the ELC will be required to attest to compliance with the following federal and state rules and regulations:

• Equal Employment Opportunity (EO 11246 as amended by EO 11375 and supplemented by regulation 41 CFR part 60)

• Copeland “Anti-Kickback” Act (18 USC 874 and 40 USA 276c) Contract Work Hours and Safety Standards Act (40 USC 327-333)

• Rights to Inventions Made Under a Contract or Agreement (37 CFR part 401)

• Clean Air Act (42 USC 7401 et seq) and Federal Water Pollution Control Act (33 USC 1251 et seq), as amended.

• Debarment and Suspension (EO 12549 and EO 12689)

• Use of E-Verify system to confirm immigration status of all employees and subcontractors (State of Florida Executive Order Number 11-116)

4.3 Agreement

A professional services agreement will be negotiated for any work to be performed as a result of this RFP. The RFP, the proposal, and the resulting agreement will constitute the complete agreement between the company and the ELC. This RFP alone is in no way an agreement, obligation, or contract and in no way is the Coalition responsible for the cost of preparing the proposal. One copy of the proposal will be retained for oƯicial files and become a public record.

4.4 T Trade Secret and Confidential Materials

If the application includes material which is deemed a trade secret (as defined by Section 812.081, FS) or other confidential material exempt from the provisions of Chapter 119, FS, which the company does not wish to become public record, the following statement should be included in the application: “Trade Secrets as defined by Section 812.081, Florida Statutes, or other confidential materials shall not be used or disclosed, except for evaluation purposes. However, if a contract is awarded to this oƯer or as a result in connection with the submission of this program, the ELC shall have the right to use or disclose the information designated as trade secrets or confidential to the extent provided in the contract.

Attachment A

CERTIFICATIONS AND ASSURANCES

Each party shall fulfil its obligations in accordance with the following listed terms and conditions for this Purchase Order (PO) or contract.

https://elcbrevard.org/wp-content/uploads/2023/10/PO-Terms-2022- Final.pdf

Required clauses – all purchases of services and/or commodities.

Accessible Electronic Information Technology Certified Minority Business Enterprise (CMBE) reporting Conduct of business – federal/state laws Confidentiality and safeguarding information Conflict of interest/related party activities Convicted/discriminatory vendors.

Cooperation with ELC, DEL and DEL’s Inspector General Debarment and suspension Filing and payment of taxes Final invoice Financial consequences

Florida Abuse Hotline reporting Funding availability/annual appropriation Insurance - proof of coverage Insurance errors and omissions Insurance - liability Mandatory reporting of fraud/criminal activity No contract services performed outside the USA No Lobbying Notification of legal action Payment audit (records of costs will be available upon request) Payment and fees Payment made after written “agency” acceptance.

Payment timeframe - timely payments Procurement of recovered materials Public records Public access/public records requests Public announcements, press releases, sponsorships.

Records retention Renegotiation due to changes in Federal or State law, rules or regulations Return of Funds Smoking prohibitions (Pro Children Act of 2001) Subpoenas Travel Unauthorized alien(s) Waiver Whistleblower’s Act Additional required clauses for all purchases – triggered by a defined spending threshold.

Byrd Anti-Lobbying Certification Clean Air and Federal Water Pollution Control Act Contract Manager Termination of Agreement Termination for Lack of Funds Termination for Cause (breach of terms) Termination for Convenience Additional clauses - purchases of services only – may also be triggered by spending threshold.

Background checks

Contract Work Hours and Safety Standards Act Copeland Anti- Kickback Act Davis Bacon Act, as amended.

Drug Free Workplace Equal Employment E-Verify Insurance - reemployment assistance (aka unemployment compensation) Insurance –workers’ compensation Purchase of American Made Equipment Products Rights to Inventions Additional clauses - purchases of services involving access to confidential data only.

Breach of security/confidentiality Information and data security requirements Information resource acquisition Prohibition of peripheral devices for confidential data storage Return or destruction of confidential data.

Provision is required for purchases funded with federal grant program monies.

The Contractor hereby agrees that by entering into this PO/contract, the Contractor will provide electronic and information technology resources in complete compliance with the Accessibility standards provided in Rule 60- 8.002, F.A.C. These standards establish a minimum level of accessibility. See s. 282.603, F.S. The Contractor hereby agrees that by entering into this PO/contract, Contractor will, whenever practicable, collect, transmit and store PO, contract, program and project-related information in open and machine readable formats rather than in closed formats or on paper as provided in 2 CFR 200.335, Methods for collection, transmission and storage of information.

Background checks

The ELC may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background check as directed by the ELC. The cost of the background check(s) shall be borne by the Contractor.

The ELC may require the Contractor to exclude the Contractor’s employees, agents, representatives or subcontractors based on the background check results. Specific instructions are provided by the ELC in the scope of work based on the requirements of Sections 435.03 and 435.04, F.S.

Breach of security/confidentiality

As defined in Chapter 282.0041, F.S., “Security Incident” means a violation of imminent threat of violation, whether such violation is accidental or deliberate, of information technology security policies, acceptable use policies or standard security practices. As imminent threat of violation refers to a situation in which the state agency has a factual basis for believing a specific event is about to occur. As defined in Chapter 501.171, F.S., “Breach of Security” means unauthorized access of data containing personal information.

Good faith access to personal information by an employee or agent of the ELC does not constitute a breach of security, provided the information is not used for a purpose unrelated to the agreement or subject to further unauthorized use. As defined in Chapter 282.0041, F.S., “Breach” means a confirmed event that compromises the confidentiality, integrity, or availability of information or data. The Contractor agrees to comply with s.

501.171, F.S. related to the security of confidential personal information and understands that the contractor for this purpose will be considered a third-party agent as referenced in this statutory section.

The Contractor shall immediately notify the ELC’s Contract Manager (or other listed contact person) in writing of any Security Incident, Breach or Breach of Security of which it becomes aware by its employees, subcontractors, agents or representatives.

Notwithstanding requirements of s. 501.171(3), F.S, Contractor’s notification shall be made in writing to the ELC within 24 hours after Contractor learns of the security incident or breach. If the ELC, at its sole discretion, determines that the Contractor has failed to comply with any confidentiality provision of this PO/contract, or determines that prompt and satisfactory corrective action has not occurred, the ELC has the unilateral right to suspend the PO/contract until it is satisfied that corrective action has been taken or the ELC may terminate the PO/contract. If the contract is terminated, Contractor must immediately surrender to the ELC all confidential information and copies thereof obtained under the Contract and any other information relevant to the Contract.

The Contractor understands and agrees that all reasonable fees and costs necessary for the ELC to remedy any breach of confidentiality due to the conduct of the Contractor, its employees, subcontractors, agents, or aƯiliates, or any individual within the control of the Contractor, shall be the responsibility of the Contractor. The Contractor shall cooperate in the defense and settlement of such claims. The obligations of this section shall survive the expiration or termination of the PO/contract.

The Contractor understands and agrees to the confidentiality and security provisions of this PO/contract regarding the requirements to safeguard the confidentiality of the information which is the subject of the PO/contract, and which is considered a material condition of the PO/contract. In the event that requirements to safeguard the information are impaired, that unauthorized disclosure of the information occurs, or the confidentiality of the information are compromised in any way, the Contractor will be subject to penalties as follows:

Criminal Penalties

The Contractor and any of its employees, agents, contractors, subcontractors, aƯiliates or any other individual that breaches the confidentiality requirements of the PO/contract are subject to any state or federal criminal sanctions provided by law. This includes but is not limited to penalties as provided for in s. 119.10, F.S., the Florida Computer Related Crimes Act (chapter 815) or any other applicable state or federal laws or regulations.

Civil Remedies: In addition to criminal sanctions, the Contractor and its employees, agents, contractors, subcontractors, aƯiliates or any other individual who breaches the confidentiality requirements of this PO/contract or applicable laws are subject to any and all civil remedies available to the ELC and the State of Florida.

Byrd Anti-Lobbying Certification – applies to purchases over $100,000.

If this PO relies on federal funds, the Contractor must comply with federal laws that restrict lobbying including the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]).

The Contractor shall also file the certification form required (see ACF Certification regarding Lobbying) by 49 CFR part 20, "New Restrictions on Lobbying." Each tier (Contractor) certifies to the tier above (ELC) that it will not and has not used the PO/contract funds to pay for any federal-level lobbying activities. Prohibited activities include any person or organization paid for influencing or attempting to influence an oƯicer or employee of any agency, a member of Congress, oƯicer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with respect to this PO/contract. 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.

Certified Minority Business Enterprises (CMBE) reporting

The ELC is dedicated to supporting, tracking and increasing its small minority business enterprise spending class. 287.0943, F.S. requires. The Contractor shall report spending with these subcontractors with each invoice submitted for payment to the following address, with a copy to the ELC Contract Manager.

Clean Air and Federal Water Pollution Control Act – applies to purchases over $150,000.

Pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended, the Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q)and the Federal Water Pollution Control Act as amended and the Federal Water Pollution Control Act. Violations shall be reported to the Federal awarding agency and the Regional OƯice of the Environmental Protection Agency (EPA).

Conduct of business – federal/state laws governing entities

The laws of the State of Florida shall govern the PO. Each party shall fulfil its obligations herein in accordance with the terms and conditions of this PO/contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action or dispute related to the PO. Further, the Contractor hereby waives any and all privileges and rights relating to the venue it may have under any other statute, rule or case law, including, but not limited to those based on convenience. The Contractor hereby submits to the venue in the county chosen by the ELC. If there is any conflict in the provisions set forth in applicable federal and state laws, the conflict will be resolved in the following priority (highest to lowest).

1. Federal law and regulations

2. Florida laws and rules

3. Special conditions/additional requirements 4.PO/Contract Scope of Work

Confidentiality and safeguarding information

Chapter 119, F.S. instructs the Contractor shall not disclose public records that are exempt or confidential/exempt from public records disclosure requirements except as authorized by federal and state laws, including but not limited to sections1002.72, 1002.97, F.S. and 2 CFR 200.82, Protected Personally Identifiable Information (PPII). The ELC provided additional specific instructions to the Contractor if applicable.

Conflict of interest/prior approval of related party activities – for purchases > $25,000

Section 1002.84(20), F.S. prohibits ELCs (or an ELC’s subrecipient) from entering into contracts with employees, governing board members, or relatives of either group without prior approval from the OƯice of Early Learning and a valid vote of approval by two-thirds of the ELC’s governing board (or the governing board of an ELC’s subrecipient). Impacted employees/board members must disclose this conflict of interest in advance of the board’s vote and impacted governing board members must abstain from the voting process.

Contract Work Hours and Safety Standards Act - applies to purchases of $100,000 or more

If this PO relies on federal funds, the Contractor must comply with federal labor laws including the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). These requirements apply to agreements that include salaries for laborers and for all contracts for repairs, improvements or other construction activities. The Contractor and any subcontractors shall compute wages on a 40-hour week schedule and pay employees for extra hours worked. None shall be forced to work in unsanitary, hazardous or dangerous conditions or surroundings.

Convicted/discriminatory vendors.

Neither it, nor any person or aƯiliate of the vendor convicted of a public entity crime as defined in Sections 287.133and 287.134, F.S. and placed on the convicted or discriminatory vendor list at the federal or state levels can perform work for or provide services to the ELC. Cooperation with the ELC, DEL and DEL’s Inspector General Pursuant to s. 20.055(5), F.S., the Contractor and any subcontractor(s) used to provide the scoped goods/services understand and will comply with their duty to cooperate in good faith with any reasonable requests from the ELC or State oƯicials to discuss, review, inspect or audit Contractor performance and compliance under this PO or contract. Upon request, the Contractor shall grant access to all records pertaining to the Contract to the ELC, DEL, DEL’s Inspector General, DEL’s General Counsel, the OƯice of Program Policy and Government Accountability, and Florida’s Chief Financial OƯicer. The Contractor shall provide any type of information deemed relevant to the Contractor’s integrity or responsibility. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents, or files of any type or form that refer to or relate to the PO/contract. The Contractor shall retain such records for five (5) years after the expiration date of the PO/contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at http://dos.myflorida.com/library- archives/records- management/general-records-schedules/), whichever is longer.

The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State oƯicial for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the ELC which result in the suspension or debarment of the Contractor.

Such costs shall include, but shall not be limited to, salaries of investigators, including overtime, travel and lodging expenses, and expert witness and documentary fees.

Copeland Anti-Kickback Act – applies to purchases of $2,000 or more.

If this PO relies on federal funds, the Contractor must comply with federal labor laws including the Copeland Anti-Kickback Act (18 U.S.C. 874 and 40 U.S.C. 276c). These requirements apply to agreements that include salaries for laborers and for all contracts for repairs, improvements or other construction activities. The Contractor and any subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion or repair of work, to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall report all suspected or reported violations to the ELC.

Davis Bacon Act, as amended – applies to purchases of $2,000 or more.

If this PO relies on federal funds, the Contractor must comply with federal labor laws including the Davis-Bacon Act (40 U.S.C. 276a, et. seq.), as supplemented by USDOL regulations (29 CFR Part 5). Under this Act, contractors must pay wages to laborers and mechanics at a rate not less than the locally prevailing minimum wages and fringe benefits for similar work projects in the area. Contractors are required to pay wages not less than once a week. Contractors are required to post/display the applicable wage determination(s) at the site of work in a location in clear view of everyone. USDOL determines and sets the prevailing wage rates. The Contractor shall report all suspected or reporting violations to USDOL.

Debarment and suspension

If this PO relies on federal funds, in accordance with Federal Executive Order 12549 and 2 CFR Part 376 regarding Debarment and Suspension, the Contractor shall agree and certifies 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. Contractor also agrees it shall not knowingly enter into any lower tier contract or other covered transaction with a person who is similarly debarred or suspended from participating in the PO’s scoped transaction(s).

Drug Free Workplace – applies to purchases of services of more than$100,000.

If this PO/contract relies on federal funds, pursuant to the Drug-Free Workplace Act of 1988, the Contractor attests and certifies that the Contractor will provide a drug-free workplace compliant with41 USC 81. This requirement applies to the purchase of services performed in part or entirely in the United States. This requirement will not apply to purchases of commercial goods. Additional online instructions to determine coverage for a specific contract or grant are available by contacting USDOL. See USDOL drug-free workplace advisor.

Equal Employment – applies to all purchases of services per DEL instructions.

This contractor (and subcontractor(s)) shall abide by the requirements of implementing regulations at41 CFR Part 60, “OƯice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. See USDOL_OFCCP for more details.

These federal regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered contractors and subcontractors take aƯirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

E-Verify – applies to all purchases of services per DEL instructions.

In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Agency of Homeland Security’s E-Verify system, https://www.uscis.gov/e-verify, to verify the employment eligibility of all new employees hired during the term of the PO for the services specified. The Contractor shall also include a requirement in subcontracts that the subcontractor(s) utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the PO term.

Filing and payment of taxes

In accordance with Section 745 of the “Consolidated Appropriations Act, 2016,” (Title VII, General Provisions – Government-Wide), none of the federal/state grant funds made available to the ELC may be used to enter into a PO/contract or any other agreement with any corporation that has any unpaid Federal tax liability. Acceptance of these PO/contract terms indicates the Contractor is aware of and currently complies with requirements for full and timely payment of any federal taxes.

Final invoice

The Contractor shall submit the Final invoice for payment to the ELC no more than 45 days after the PO/contract ends or is terminated. If the Contractor fails to do so, unless waived in writing by the ELC, all rights to payment are forfeited and the ELC will not honor any requests submitted after the above 45-day time period. Any payment due under the terms of this PO/contract may be withheld until all reports due from the Contractor and any necessary adjustment(s) thereto have been approved by the ELC.

Financial consequences

Section 215.971(1)(c), F.S. requires inclusion of financial consequences in the event of a Contractor’s failure to perform the scoped transaction(s). If the Contract fails to meet and comply with the deliverables established in this PO/contract, the ELC will prorate any payments pending and/or request a refund of payment in a proportionate amount equal to the goods/services not received. The ELC, at its sole discretion, may oƯer the Contractor an extension for any listed task, timeline or deliverable during which the indicated financial consequences shall not apply. Notification of any extension shall be provided to the Contractor in writing. Any payment made in reliance on the Contractor’s evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to the ELC as an overpayment to the extent of such error.

Florida Abuse Hotline reporting

Any employee of the Contractor shall comply with s. 39.201, F.S., and immediately report any knowledge or suspicion that a child is abused, abandoned, or neglected by any person responsible for that child’s welfare. Contact the Florida Abuse Hotline (1-800-96ABUSE).

Funding availability/annual appropriation

Pursuant to Section 287.0582, F.S., the ELC’s performance and obligation to pay under this PO is contingent upon an annual appropriation by the Legislature. In the event funds become unavailable, are withdrawn or redirected by federal/state program funders, the ELC may terminate the PO upon no less than twenty-four (24) hours written notice to the Contractor. In the event the PO is terminated for lack of funding, the ELC shall pay the Contractor for documented and verifiable costs reasonably incurred to the extent such funds are appropriated and available for the PO’s scoped transaction(s). The ELC shall be the final authority as to the availability of appropriated funds.

Independent Contractor

The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the ELC. The ELC is not bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under this PO/contract.

Information and data security requirements

The Contractor must comply with the ELC’s Information Technology (IT) Security policies (provided separately), the OƯice of Early Learning’s Information Technology Security Manual (provided separately), Rule Chapter 74-2, F.A.C., Florida Cybersecurity Standards, and employ adequate security measures to protect the ELC’s information, applications, data, resources, and services. The ELC’s IT Security policies are hereby adopted and incorporated by reference as if fully set out herein.

Information resource acquisition

The Contractor shall obtain prior written approval from the ELC Contract Manager (or other listed contact person) for the purchase of any Information Technology Resource (ITR) using funds from this contract. The Contractor agrees to secure said prior approval by means of an Information Resource Acquisition (IRA) form, available from the ELC.

Insurance - ELC provided proof of coverage.

All insurance policies shall be with insurers qualified and doing business in Florida. The ELC shall be furnished proof of coverage of insurance by standard ACORD form certificates of insurance accompanying the PO/contract documents. The DEL shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy. The payment of such a deductible shall be the sole responsibility of the Contractor.

Mandatory reporting of fraud/criminal activity

The Contractor shall report to the ELC’s Contract Manager (or other listed contact person) within twenty-four (24) chronological hours all suspected or known instances of Contractor’s operational fraud or criminal activities relating to the PO/contract. In accordance with 45 CFR 75.113 (also 2 CFR 200.313), Mandatory disclosures, the Contractor and its approved subcontractors must disclose in a timely manner and in writing to the ELC all violations involving fraud, bribery or gratuity violations potentially aƯecting this PO/Contract and/or the related federal/grant program(s). The ELC is required to review and consider any publicly available information about the Contractor in the Federal Awardee Performance and Integrity Information System (FAPIIS) https://fapiis.gov.

No contact services performed outside the USA.

The Contractor and its subcontractors and agents are prohibited from (i) performing any of the PO/Contract services outside the United States, or (ii) sending, transmitting or accessing any School Readiness Program or Voluntary Prekindergarten Education Program or other program- related data pursuant to this PO/contract outside of the United States unless approved by the ELC in writing. The Parties agree that a violation of this provision will:

• Entitle the ELC to immediately terminate the PO/contract for cause upon email notice to the Contractor’s Contract Manager.

• Result in immediate and irreparable harm to the ELC, entitling the ELC to immediate injunctive relief.

No lobbying

In accordance with sections 11.062 and 216.347,F.S., no funds from the PO/contract may be used for lobbying the state Legislature, the judicial branch or any state Agency.

Acceptance of these PO/contract terms indicates the Contractor is aware of and currently complies with the described lobbying activity restrictions. The Contractor shall require all subcontracts include this certification language, which is a material representation of fact upon which the parties placed reliance when they made or entered into this transaction.

The Contractor shall notify the ELC of legal actions taken against it or potential actions, such as lawsuits, related to goods/services provided through this PO/contract or that may aƯect the Contractor’s ability to deliver the contractual goods/services, or adversely impact the ELC. The ELC’s Contract Manager (or other listed contact person) will be notified in writing within twenty- four (24) continuous hours of the Contractor becoming aware of such actions or from the day of the legal filing, whichever comes first.

Payment audit (records of costs will be available upon request)

Records of costs incurred under the terms of the PO shall be maintained and made available to the ELC upon request at all times during the period of the PO, and for a period of five years thereafter. Records of costs incurred shall include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the ELC for audit.

Payment and fees

The ELC shall not be obligated to pay for costs incurred related to the PO/contract prior to its eƯective date or after the ending date specified.

Payment made after written “agency” acceptance.

The Contractor will be paid upon submission of properly certified invoice(s) to the ELC after delivery and acceptance of commodities or contractual services is confirmed in writing by the ELC. Invoices shall contain suƯicient detail for audit thereof and shall contain the PO and the Contractor’s Federal Employer Identification Number or Social Security Number.

Payment timeframe - timely payments

Section 215.422,F.S., provides that entities have five (5) working days to inspect and approve commodities or contractual services. Items may be evaluated for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Interest penalties for late payment are also provided for in section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems obtaining timely payments from an entity may be contacted at 850-413-5516, or vendors may call the State Comptroller’s Hotline at 1-800-848-3792.

Procurement of recovered materials - applies to all purchases.

In accordance with federal regulations (2 CFR 200.317/ 200.322) and state law (see s.

403.7065, F.S.), the Contractor is required (to the maximum extent possible) to procure products or materials with recycled content when the FL Department of Management Services determines such products/materials are available. “Recycled content” means materials that have been recycled that are contained in the products or materials purchased, including but not limited to, paper, aluminum steel, plastic, glass and composted material.

Prohibition of peripheral devices for confidential data storage The Contractor, its employees, subcontractors, agents, or any other individuals to whom the Contractor exposes confidential information obtained under the PO/contract, 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. Any peripheral devices used must meet the standards prescribed in the National Institute of Standards and Technology Special Publication 800-111 Failure to strictly comply with this provision shall constitute a breach of the PO/contract.

Public announcements, press releases, sponsorships.

The ELC does not endorse any Contractor, commodity or service. The Contractor shall not provide any information to any media representative or any other external party regarding the PO/contract or any services delivered under the PO/contract without prior written approval from the ELC’s Public Information OƯice.

A sponsorship statement is required when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money. This requirement applies to all States receiving Federal funds, including but not limited to State and local governments and contractors.

The required sponsorship statement shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.” P.

L. 103-333, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1995, § 508 – “Public Announcements and Press Releases”.

In addition, s. 286.25, F.S. requires an additional statement if the Contractor is a nongovernmental organization, which sponsors a program financed wholly or in part by state funds, including any funds obtained through this PO/contract. In publicizing, advertising, or describing the sponsorship of the program, the Contractor shall state:

“Sponsored by (Contractor’s name), the Early Learning Coalition, and the State of Florida, Division of Early Learning.” If the sponsorship reference is in written material, the words “the Early Learning Coalition and State of Florida, DEL” shall appear in the same size letters or type as the name of the Contractor/organization.

The Contractor is prohibited from using PO/contract information, sales values or sales volumes, or the ELC’s stakeholders or customers, in sales brochures or other promotions, including press releases, unless prior written approval is obtained from the ELC.

Public records

If the vendor meets the definition of “Contractor” in Section 119.0701(1)(a), F.S., the Contractor shall comply with state public records requirements. All Contractor records for the scoped transaction(s) are available for public inspection unless expressly exempt from Sec 24(a) of the State Constitution and s. 119.07(1), F.S. The Contractor shall keep and maintain records ordinarily and necessarily required by the ELC to perform the scoped transaction(s) of this PO/ contract. Records subject to these rules include files that support all receipts and expenditure of contract funds. These files may include, but are not limited to, procurement responses/applications, contracts, agreements, financial reports, and supporting documentation for scoped services. Project/contract completion has not occurred until all reporting requirements are satisfied, and final payments have been received/released. The length of retention for these records in Florida is five years after the completion of the project, provided applicable audits have been released/closed. 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 OƯice of Inspector General or its designees upon its request.

The PO/contract may be unilaterally canceled by the ELC for refusal by the Contractor to allow public access to records related to this PO/contract and/or for failure to keep and maintain records as described herein.

Public access/public records requests

If a public records request is received, the Contractor must provide notice to the ELC within one (1) business day pursuant to Chapter 119, F.S. The Contractor shall email to the address shown a copy of all documents provided to the public records requestor by the end of the day such records are sent to the requestor.

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 PO/CONTRACT, CONTACT: THE CUSTODIAN OF PUBLIC RECORDS AT

ELC telephone number, e-mail address and mailing address.

ELC of Brevard County, Inc.

2671 W Eau Gallie Blvd Suite 102

Melbourne, FL 32935 info@elcbrevard.org

Thank you for your interest in supporting the Early Learning Coalition of Brevard County’s mission to give every child the best start in life.