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EDUCATION GRANTS OR PARTNERSHIP AGREEMENTEDUCATION GRANTS OR PARTNERSHIP AGREEMENT This Education Grant or Partnership Agreement ("Agreement") is made as of vi11 a.1,- 4'' , 2023 ("the Effective Date"), by and between THE CITY OF CLEARWATER, a municipal corporation ("City"), and Pinellas County Education Foundation ("Applicant") (collectively, "Parties"). WITNESSETH: WHEREAS, on March 11, 2021, President Joseph Biden signed into law the American Rescue Plan Act of 2021 ("ARPA"), Pub. L. 117-2, a $1.9 trillion economic stimulus bill passed by the 117th United States Congress to aid the country with the economic and health effects of the COVID-19 pandemic; and WHEREAS, ARPA included a $350 billion Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program designed to assist state, local, and tribunal governments in their response to the COVID-19 pandemic; and WHEREAS, the City received a total of $22,483,893.00 under the SLFRF program in two equal tranches on May 19, 2021 and June 6, 2022; and WHEREAS, on August 4, 2022, at a duly -noticed City Council meeting, the Clearwater City Council approved funding allocations from the SLFRF program for twelve proposed project and program types; and WHEREAS, one such funding allocation was in the amount of $750,000.00 and made for education grants or partnerships ("the Program") which was intended to be used to provide grant funding to nonprofits and government entities for programs focused on educational opportunities targeting students who had fallen behind academically because of the COVID-19 pandemic; and WHEREAS, on December 12, 2022, the City made available applications for the Program, with a deadline to apply set for February 15, 2023; and WHEREAS, on February 15, 2023, the City received an application ("the Application") from the Applicant, a true and correct copy of which is attached to this Agreement as Exhibit "A", requesting financial assistance under the Program to Pinellas Early Literacy Initiative, PELI ("the Project"); and WHEREAS, the Application was evaluated and scored by a review committee who recommended approval of the Applicant's financial assistance for the Project request to the Clearwater City Council; and WHEREAS, on April 20, 2023, at a duly -noticed City Council meeting, the Clearwater City Council approved the review committee's recommendation and authorized the City's staff to negotiate a definitive grant agreement with the Applicant; and WHEREAS, the City finds that providing financial assistance for the Project is a permissible expenditure under the Program; and WHEREAS, the City finds that the Project promotes the general public welfare of the citizens of Clearwater; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Intent, Purpose of Agreement. The purpose of this Agreement is to further the implementation of the Program by providing for financial assistance to a nonprofit or govemmental entity for programs that focus on educational opportunities targeting students who have fallen behind academically due to the COVID-19 pandemic. II. APPLICANT RESPONSIBILITIES 1. Implementation of the Project. The Applicant shall implement the Project in substantial conformity with the Application. 2. Quarterly Reporting. The Applicant shall submit quarterly reports accounting for all Program grant funds disbursed to the Applicant and subsequently used by the Applicant for purposes of the Project. Any Program grant funds disbursed by the City but not used by the Applicant by the Termination Date found in Section 9 shall be returned to the City 14 days after the Termination Date. III. CITY RESPONSIBILITIES 1. Grant Funding. The City shall provide grant funding in the amount of $75,000.00 within 14 days after the Effective Date of this Agreement. The City shall provide additional grant funding in the amount of $75,000.00 within 14 days after the Applicant has submitted two quarterly reports in compliance with Section 11(2). 2. City Clerk Word Final. The City Clerk retains sole discretion to determine whether the Applicant has successfully submitted two quarterly reports as required by Section 111(1) before any additional Program funding is made available to the Applicant. If the Applicant has not successfully submitted two quarterly reports in compliance with Section 111(1), then the Parties agree that the Clerk's decision is final, this Agreement shall be null and void, the City shall not owe any additional grant money to the Applicant under the Program, the Applicant shall return the initial $75,000.00 originally disbursed to it plus default interest at rate of 10%, and the Applicant shall have no recourse against the City. IV. APPLICANT DEFAULT 1. Failure to Implement the Program. If the Applicant fails to implement the Project in substantial compliance with the Application as required by Section 11(1), then the Parties agree that the Applicant shall be in default under this Agreement. 2. Failure to Submit Quarterly Reporting. If the Applicant fails to submit quarterly reports as required by Section 11(2), then the Parties agree that the Applicant shall be in default under this Agreement. 3. Application Misrepresentations. If the City determines, at any time and in the City's sole discretion, that any portion of the Application constituted a material misrepresentation, then the Parties agree that the Applicant shall be in default under this Agreement. 4. Other Events of Default. In addition to the foregoing, the occurrence of any one or more of the following after the Effective Date shall also constitute an event of default by the Applicant: A. The Applicant shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Applicant or any material part of such entity's properties; or B. Within 60 days after the commencement of any proceeding by or against the Applicant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within 60 days after the appointment without the consent or acquiescence of the Applicant of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated. 5. Notice of Default and Opportunity to Cure. The City shall provide written notice of any default under this Agreement and provide the Applicant 30 days from the date the notice is sent to cure the default. This notice will be deemed sent when sent by first class mail to the Applicant's notice address or when delivered to the Applicant if sent by a different means. 6. City Remedies. If, after notice and an opportunity to cure, the Applicant fails to cure any of the events of default listed in Section IV of this Agreement, then the Parties agree that: a) this Agreement shall be null and void; b) that the City will have no further responsibility to the Applicant, including the responsibility to tender any remaining Program grant funds to the Applicant; c) that any Program grant funds actually tendered by the City to the Applicant shall be returned to City along with default interest at a rate of 10% starting from the date of default; and d) the Applicant shall have no recourse against the City. V. MISCELLANEOUS 1. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent to the office for each party indicated below and addressed as follows: To the Applicant: Pinellas County Education Foundation 12090 Starkey Road Largo, FL 33773 Attention: Stacy Baier To the City: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: City Clerk with copies to: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: City Attorney 2. Unavoidable Delay. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in this Section as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). An application by any party hereto for an extension of time pursuant to this Section must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within 30 days following the occurrence of the event or condition causing the Unavoidable Delay or 30 days following the party becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. The party shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. 3. Indemnification. The Applicant agrees to assume all risks of inherent in this Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the City and the City's officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Applicant's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Applicant whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 4. Assignability: Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant and the City and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. 5. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the City and the Applicant, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Applicant, but by all equally. 6. Severabilitv. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 7. Amendments. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 8. Jurisdiction and Venue. For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Applicant is not a resident of the State of Florida or has no office, employee, City, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Applicant hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Applicant at the address for notices as provided in Section 10. 9. Termination. If not earlier terminated as provided in this Agreement, the term of this Agreement shall expire and this Agreement shall no longer be of any force and effect on December 1, 2026. Approved as to form: Oda Michael P. Fuino Senior Assistant City Attorney THE CITY OF CLEARWATER, a municipal corporation By: JePoirrier City Manager Attest: LIZA1 114k, Rosemarie Call City Clerk Organization: Pinellas County Education Foundation Authorized Representative Name (Printed): Authorized Representative Title: Authorized Representative Signature: l Ecu c7 CSD ,(A ex( STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me thiseday of n'i w , 2023 who is personally known to me or/who has produced a driver's license as identification. My Commission expires: Notary Public Exhibit "A" C. Use of Grant Completed by elizabeth.szostakCnlpinellaseducation.org on 2/15/2023 2:36 PM Case Id: 15424 Name: Pinellas Education Foundation - 2023 Address: 12090 Starkey Road C. Use of Grant Please provide the following information. PROJECT INFORMATION C.1. Project/Program Type — Check all that apply. O Afterschool and summer bridge programming O High -impact Tutoring ErStudent readiness for successful transitions from pre-school to elementary school, elementary school to middle school, middle school to high school, and high school to workforce or postsecondary education. 0 STEM enrichment programming C.2. Address of Project/Program High Point Elementary (one of four targeted Clearwater elementary schools) Clearwater, FL 33760 C.3. Project/Program Description — Describe your school/organization and the students who attend/participate. Include age range, where they live, socio-economic backgrounds, etc. The mission of the Pinellas Education Foundation is to accelerate educational achievement for all students through the effective mobilization of innovation, relationships and resources. Our vision is that every student will be prepared for life after high school, whether the choice is to attend college, to enter the workforce, or to obtain technical training. We accomplish our mission by addressing key issues and needs within the public education arena and presenting effective, efficient, accountable, and results -oriented opportunities for the private sector to support quality public education. The Pinellas Education Foundation acts as a liaison between the private sector and the public school system providing avenues for philanthropy, business, industry, and community engagement in public education. The Pinellas Early Literacy Initiative (PELI) calls for a strategic focus on prioritizing improvements in literacy instruction for PreK-2 students and teachers in 16 Title I schools and 8-16 private PreK providers. By leveraging high quality professional development with instructional coaching for a cohort of PreK-2 grade teachers, kindergarten readiness rates will increase and PreK-2 student literacy gaps will dissipate more rapidly, effectively preparing students for the more rigorous content of grades 3-5 and reducing the need for additional resources in later grades. Working from an existing partnership with the Early Learning Coalition of Pinellas, Pinellas County Schools (PCS) will support PreK teachers by engaging them in monthly communities of practice focused on high-quality learning environments designed to provide children a space where they can explore, discover, and learn through play, all the while developing important literacy foundations and the building blocks for literacy success. PCS will support private preschool feeders in an outreach program by targeting the largest feeder schools based on data. The investment in PreK education will result in a high-quality education that extends the science of reading to three and four -year-olds. This work is supported through wide-ranging, specific partnerships with the Helios Education Foundation, United Way Suncoast, the Pinellas Education Foundation, Pinellas County Schools, the Pinellas Early Learning Coalition, the Printed By: Sara DeLorenzo on 5/22/2023 1 of 5 M Neighborly Software University of Florida's Lastinger Center, and other local partners. Recognizing that the most important factor impacting student outcomes are teachers and leaders at the top of schools, the direct population served through The Pinellas Early Literacy Initiative are the teachers and leaders participating in these targeted schools . Low-income, underperforming youth in the classes led by these teachers in grades PreK-2 are the indirect population. Other educators, administrators, and families will also be impacted by this initiative. Reading proficiency has been linked to nearly every quality of life indicator. The success of this initiative has the potential to position Pinellas County as a national leader in research -based early literacy professional development. The Pinellas Early Literacy Initiative will influence the way the district allocates time, funding, and support for PreK-2 teachers and students, including a shift in current staffing models to include funding for PreK-2 literacy coaches at targeted schools. Funding from this request would support teachers and students attending schools in the City of Clearwater. Clearwater schools participating in PELI are Sandy Lane Elementary School, Belleair Elementary School, Ponce De Leon Elementary School, and High Point Elementary School. All of these Clearwater schools are Title 1 schools, serving economically disadvantaged students. C.4. Needs Statement — Describe the needs of students who have fallen behind academically during the pandemic. While 3rd grade scores in Pinellas County Schools (PCS) and across the state of Florida have increased, kindergarten readiness has flat lined over the last several years (53%). When disaggregating Florida Standards Assessment data, the 3rd grade proficiency rate for ELA-Reading is 54% for Non -Black students and 31% for Black students. Hispanic student proficiency rates across the district are 48%. In PCS there remains a disproportionality of outcomes related to Black and Hispanic students compared to Non -Black students. Studies show that high quality preschool and primary instruction can diminish these educational inequities. Specifically with this targeted age group of students, their whole educational career has been since the onset of the pandemic. Also we are still woefully behind pre -pandemic literacy proficiency rates and literacy gains for the lowest quartile. In 2019, English Language Arts Achievement met a five year high of 55% of students achieving proficiency or higher scores. And English Language Arts Gains for the lowest performing quartile of students came in at 45% of students making a year's worth of gains in that academic year. In 2021, those rates respectively were 52% and 34%. We are still behind pre -pandemic levels with scores in 2022 only reaching 51% rating proficient or higher and 39% of students in the lowest quartile making gains. These results continue to show that our most struggling students are not catching up at the same rates as their higher performing peers. Additionally the K-5 accountability system dictated by the State of Florida influences the distribution of resources to the latter grades (3-5) when teachers and schools have accountability measures and students face retention in 3rd grade based on test scores. Although research points to the value of early intervention for improving literacy proficiency and financial efficacy of working with younger students, the State accountability system inherently drives schools and leaders to put more resources in 3rd -5th grade as a strategy to improve literacy rates leaving early intervention with less resources. PELI places a strategic focus on the early years and equipping leaders and teachers with the knowledge and skills to provide early interventions to students in need In 2018-19 PCS engaged in an external review process of the K-5 English Language Arts Curriculum and Instruction. A finding of the review indicated a lack of foundational skills and Printed By: Sara Delorenzo on 5/22/2023 2 of 5 14 Neighborly Software teacher knowledge, which is consistent with recent research showing that preservice knowledge and training is often inadequate in preparing teachers to effectively teach students how to read. A critical part of this plan focuses on preschool educators and education. Working from an existing partnership with the Early Learning Coalition of Pinellas, PCS will support PreK teachers at the identified schools by engaging them in monthly communities of practice focused on high-quality early learning environments designed to provide children a space where they can explore, discover, and learn through play, all while developing important literacy foundations and the building blocks for literacy success. PCS will support private preschool feeders in an outreach program by targeting the largest feeder schools based on data. The investment in PreK education will result in a high-quality education that extends the science of reading to 3 and 4 year-olds. The project also provides a seamless connection of PreK to the K-12 professional development system and strengthens the continuity of instruction across grades. C.5. Identify the timeline for implementation of the proposed project/program. Spring 2023: Recruit participating community-based PreK programs (repeated each spring) Summer 2023: Onboard new school leaders and teachers in PreK and K-2 settings (repeated each summer) Beginning August 2023: Training on the literacy matrix provided by the Lastinger Center and instructional coaches engage in and provide literacy supports and effective job embedded professional development based on the science of reading (repeated each August) Ongoing in classroom coaching and professional learning teams meet monthly. Ongoing until end of project: Evaluation of implementation model and impact conducted and completed. C.6. Project/Program Objective — How many students will your project/program impact? 3250 students from Title 1 schools and the surrounding community-based PreK centers C.7. Is this project/program a: Expanded Level of Service C.8. Explain how your project/program includes a community partnership. (N/A if your project/program does not include one) This work is supported through wide-ranging, specific partnerships with the Helios Education Foundation, United Way Suncoast, Pinellas County Schools, the Pinellas Early Learning Coalition (ELC), the University of Florida's Lastinger Center (UFLC), and other local partners. Pinellas Education Foundation's concept is built on an existing partnership with the Pinellas County Schools, UFLC and the ELC. The district currently has a three-year strategic partnership with UFLC. The UFLC Literacy Leadership Professional Development Program has been designed as an intentional and powerful program to build the capacity of school systems to continuously improve the quality of teaching and learning. The goal of the UFLC partnership is to work closely with the school system to develop a strong cadre of leaders who have the knowledge needed to intentionally support and encourage literacy learning and strengthen instructional literacy leadership that will ultimately lead to improved student literacy outcomes. Furthermore, the district is participating in a VPK pilot project with the ELC involving four elementary schools and four community- based preschool centers. The goal of the project is to meet the National institute for Early Education Research (NIEER) ten benchmarks for high- quality PreK. This project would continue as an extension of the existing ELC partnership. These partnerships help us lever a more specific focus, active learning, coherence, collective participation, and expert input, all while maintaining a tight connection to day-to-day practice. The Pinellas Education Foundation serves as the neutral convener of all Printed By: Sara DeLorenzo on 5/22/2023 Neighborly Software 3 of 5 partners, source for an objective evaluation, and advocate for policy and systemic change as a result of findings from this initiative. C.9. How is this project/program innovative or unique to existing initiatives in the community? Currently, the Department of Education testing and accountability structure emphasizes grades 3-5, forcing schools to focus resources toward those later years. The inclusion of PreK, particularly community-based PreK programs and amplification of coaching resources in the earlier grades, components not included without the Pinellas Early Literacy Initiative, will transform the current model of literacy supports, making the case to bring those resources earlier in the instructional cycle. A recent meta-analysis found that teacher coaching has a large positive impact on teacher practice and on student achievement, making it one of the most efficacious interventions for improved student achievement. Pinellas County has already partnered with the University of Florida Lastinger Center to train all coaches in the Flamingo Literacy Coaching Certification Program. This is a platform for professional transformation that builds the skills and knowledge of literacy coaches. Through this job -embedded program, literacy coaches gain advanced knowledge of highly effective instruction aligned with Florida's Standards and coaching strategies to support teachers as they enhance their knowledge and skills to improve literacy outcomes for students. Utilizing expert literacy coaches at the PreK to grade 2 levels will be a major shift in focus for Pinellas County Schools as literacy coaching typically focuses on grades 3-5. Over time, grant funded coaching resources will be replaced through the reallocation of existing resources in grades 3-5 that will free up with less students needing help in the latter elementary years. Finally, professional development on the science of reading and evidence -based early literacy practices are essential pathways to excellence and equity. Recognizing that a kindergarten readiness gap still exists for VPK participants, particularly for low income and minority students, this initiative connects public and private PreK providers to developmentally appropriate literacy training and coaching being provided in K-2. Linking these systems through policies and practices will lead to better outcomes for children. C.10. How will you evaluate the success of your project/program? The Foundation has contracted with Equal Measure to conduct a third -party evaluation of PELI. Some of the research questions include: • To what extent are PELI training, coaching, and peer learning (i.e., PLCs, CoPs) impacting teachers' instructional practice? • In what ways is PELI changing how teachers, coaches, and administrators/directors approach their professional practice related to early literacy? • In what ways does — or could — PELI strengthen how educators and instructional leaders support families in early literacy? Along the way, the evaluation results will be shared allowing the project to adjust in real-time to data and input we are receiving through the evaluation process. By leveraging high quality professional development with instructional coaching for a cohort of PreK-2 grade teachers, PreK-2 student literacy gaps will dissipate more rapidly, effectively preparing students for the more rigorous content of grades 3-5. The need for additional resources in later grades will also be reduced. Across four years, PCS will ensure that 100% of PreK-2 teachers at these targeted schools and 8-16 private providers increase their knowledge of the science of reading as well as implement evidence -based practices, resulting in dramatic improvements in outcomes for students. Sustained professional development on the science of reading and evidence -based early literacy practices are essential pathways to excellence and equity. Printed By: Sara DeLorenzo on 5/22/2023 NNeighborly Software 4 of 5 The progress and success of PELI will be measured using the Florida Assessment of Student Thinking -STAR Early Literacy/Reading in all grades throughout the project. Printed By: Sara DeLorenzo on 5/22/2023 Neighborly Software 5 of 5