HomeMy WebLinkAbout2026-2027 Prekindergarten Program Provider Contract between the CMB and Kinderland 4 Kidz, LLC �'/'-3- ���5 -���� -� ���3�t�,��
CITY OF MIAMI BEACH
PREKINDERGARTEN PROGRAM
PROVIDER CONTRACT
(SCHOOL YEAR 2026-2027)
1. PARTIES AND TERMS OF CONTRACT
1.1 Parties. This Provider Contract ("ContracY') relating to the City of Miami Beach
Prekindergarten Program (the "CMB Program") is made and entered into this day of
, 20_, by and between the City of Miami Beach, Florida, a municipal
corporation of the State of Florida, with its principal office located at 1700 Convention Center
Drive, Miami Beach, Florida 33139 (herein referred to as the "CITY"), and
Kinderland 4 Kidz, LLC a Florida [,] not-for-profit
corporation [_[ for profit corporation ( X] limited liabiliry company (herein referred to as
"PROVIDER"),with its principal o�ce located at 7830 Carlyle Ave,Miami Beach.FL 33141 a�
its provider physical site address(if the single site provider physical site address is different from
principal o�ce address)located at 783o Cariyie ave,Miami Beach, FL 33141
a. Multiple Public School Locations. If PROVIDER is a school district executing a
single Contract on behalf of multiple public school Prekinderga�ten (PK) Education
Program providers, a list of their names and their physical addresses are included in
Exhibit 1: Provider Location List;thereafter,the reference to"PROVIDER"shall include
each entity listed in Exhibit 1.
b. Multiple Private Provider Locations.If PROVIDER is executing a single Contract on
behalf of multiple private PK Education Program sites within the CITY's service area,
a list of their names and their physical addresses are included in Exhibit 1: Provider
Location List; thereafter, the reference to "PROVIDER"shall include each entity listed
in Exhibit 1.
c. Identification Number and Department of Children and Families Number.
Insert PROVIDER's EIN or Social Security (SSN)Number here:
27-1181927
Insert PROVIDER's Department of Children and Families(DCF)Number here:
C11 MD1771 -
PROVIDER's EIN or SSN Number is requested in accordance with Sections
119.071(5)(a)(2) and 119.092, Florida Statutes, for use in the records and data
systems of the CITY. Submission of PROVIDER's EIN or SSN is mandatory.
PROVIDER's EIN or SSN will be used for processing payments to PROVIDER as a
CMB Program provider, for reporting those payments for federal tax purposes, and for
routine identification. PROVIDER's DCF Number is required to confirm eligibility to
provide services under this Contract.
1.2 Purpose. This Contract is designed to inform PROVIDER of the requirements of
participation in the CMB Program. Payment is not conveyed to PROVIDER through this Contract.
2
Instead, PROVIDER must agree to comply with the terms and conditions of this Contract in order
to be eligible to participate in the CMB Program. This Contract is to engage an eligible provider to
provide PK Education Program services to eligible CMB Program participants. As referred to in
this Contract, "participant(s)"shall refer to the Miami Beach parent/guardian and their children, for
whom PROVIDER will be providing PK Education Program services under the CMB Program. A
school-year PK Education Program provides for 540 instructional hours. PK Education Programs
may receive funding from the State Voluntary Pre-Kindergarten(V-PK)Program,federal programs
or other third-party scholarships ("Third Party Funders"). Under the CMB Program, the CITY
will provide a stipend, in the amount of up to$3,000.00 per school year,to cover up to an additional
450 instructional hours ("Program Instructional Hours"), representing up to 2.5 hours per day
for 180 days, payable, on a reimbursable basis, as more particularly described in Subsection 5.5.
The Program Instructional Hours may not serve to supplant,or duplicate funding provided by Third
Party Funders which is received by the participants. The Program Instructional Hours may serve
to provide an additional 2.5 PK Education Program hours per day, beyond those funded through
Third Party Funders, or as a stand-alone stipend. Program Instructional Hours may only be applied
toward programming occurring during the regular school hours for PROVIDER's PK Education
Program. Program Instructional Hours may not be applied toward after-school programming
hours.
1.3 Term. This Contract applies to the CMB Program for the 2026-2027 school year.
PROVIDER shall offer a PK Education Program for the full school year. This Contract begins on
the date on which the Contract is signed and dated by the last party required to sign the
Contract(as reflected in Subsection 1.1 of the Contract), or the first day of school, aligned to the
Miami-Dade County public school calendar, whichever occurs last ("Effective Date"), and
expires upon completion of the school year or expenditure of the allotted Program Instructional
Hours, whichever occurs first, unless otherwise terminated earlier under the terms of the
Contract(collectively, the "Term").
2. PROVIDER ELIGIBILITY
To be eligible to deliver the CMB Program services, PROVIDER must be a traditional public
school; or one of the following private PK Education Program providers: (1) a child care facility,
licensed under Section 402.305, Florida Statutes; a family day care home licensed under Section
402.313, Florida Statutes;a large family child care home licensed under Section 402.3131, Florida
Statutes, a non-public school exempt from licensure under Section 402.3025(2), Florida Statutes;
or a faith-based child care provider exempt from licensure under Section 402.316, Florida
Statutes.
A charter school that includes a PK Education Program in its charter is a public school and shall
only execute this Contract with the approval and oversight of the school district. A charter school
that does not include a PK Education Program in its charter must meet the requirements to be a
private provider to be eligible to deliver the CMB Program.
Check the box to indicate PROVIDER's type:
❑A public school (Exhibit 1 must be completed as an authorized attachment to this
Contract.)
�A private provider(Exhibit 1 must be completed as an authorized attachment to this
Contract.)
CMB Program 26-27 CITY OF MIAMI BEACH
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3
3. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK
3.1 Child Enrollment. PROVIDER agrees to enroll eligible children as determined by the
CITY for the CMB Program. The CITY will provide PROVIDER with written notification of eligibility
for approved participants. PROVIDER will be required to execute an agreement with the
participants, as described in Subsection 5.1, as a condition precedent to acceptance of the
participants into the CMB Program.
3.2 Adherence to Requirements.
a. PROVIDER agrees to deliver the CMB Program in accordance with all of the
requirements which are set forth in the applicable Florida statutes, rules, and this
Contract.
b. PROVIDER agrees to participate in a CMB orientation prior to the execution of the
Contract if offered by the CITY.
3.3 Assessment. PROVIDER agrees to implement a CMB Program survey to participants
upon the commencement and completion of the CMB Program.
3.4 Supplemental Services. PROVIDER shall not require a chiid to enroll for, or require the
payment of any fee or charge for, supplemental services (e.g., "extended-day," "extended-year,"
"wrap-around,"or"full-day"services)as a condition of admitting a participant in the CMB Program.
PftOVIDER agrees to schedule all Program Instructional Hours offered for any CMB Program
class so that parents/guardians are not constructively required to enroll a child in supplemental
services or pay any fee or charge (e.g., scheduling Program Instructional Hours in a day with a
break in instructional time, for which parents would be required to pay for supplemental services
for care). If PROVIDER requires such fees,the CITY shall have the right to terminate the Contract
for cause, as described in Subsection 11.1 (d).
3.5 Class Staffing. PROVIDER agrees to maintain proper sta�ng for the CMB Program,
as required by Florida Statutes.
3.6 CITY'S Logo. PROVIDER may use the registered CITY logo in conjunction with the
operation of the CMB Program in advertisements, letterhead, educational and promotional
materials. PROVIDER agrees to comply with the CMB Program Logotype Usage and Brand
Guidelines and must cease use of the CITY's logo once services under this Contract are
suspended or terminated, or upon the CITY's request. All promotional materials related to the
CMB Program shall be subject to the prior written approval by the CITY's Chief Education O�cer.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CMB Program 26 - 27 CITY OF MIAMI BEACH
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3.7 PROVIDER Deliverables for CMB Program
Type Task Provider Activities Due Date
Invoices for Program Private and Provide Invoices, signed by Monthly
Instructional Hours Public PROVIDER and
parenUguardian of the
participant child within fifteen
(15)days from end of month
of service
i
Child Attendance Private and Child Attendance Monthly
, Public records per Subsections 5.2
and 5.3
�
I
Information Private Compliance with notification Subsection 5.1 —(upon
change and requirements per Subsection execution of PROVIER-
notification Public 5.1 (Enrollment); Subsection Participant Agreement);
5.9 (OismissalNoluntary Subsection 5.9(7
Withdrawal); Subsection calendar days from i
12(a) (closure of business; dismissal, withdrawal); ;
� and Subsection 12(b) Subsections: 12(a) (end
Reasons for dismissal of of business day of
child participant closure date; 2 business �
days after re-opening); 'I
and 12(b) (7 calendar
days from dismissal of
child) �'
Liability Private Notification of Within 10 calendar days I
Insurance cancellation of of cancellation or
Notification changes to general changes to general
liability coverage liability coverage
Implementation of Private Administration of Survey Within the first 30
Pre and Post CMB and calendar days of CMB
Program Survey Public Program class
commencement and 30
days from CMB
Program end date
CMB Program 26- 27 CITY OF MIAMI BEACH
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5
4. CITY RESPONSIBILITIES
4.1 PROVIDER eligibility. The CITY is responsible for determining eligibility of PROVIDER
to participate in the CMB Program.
4.2 Child Eligibility. The CITY is responsible for determining the eligibility of children
enrolling in the CMB Program.
5. COMPENSATION AND FUNDING
5.1 Notification of Enrollment. PROVIDER agrees that it will not receive payment until
PROVIDER has an executed agreement with the CITY, and the CITY has approved, in writing,
an agreement between PROVIDER and an eligible Miami Beach parenUguardian of a
child participating in the CMB Program (the "PROVIDER-Participant Agreement"). The
PROVIDER-Participant Agreement must describe the authorized use of the CMB Program
funds and the tuition rates for PROVIDER's PK Education Program. Upon review and approval
of the PROVIDER-Participant Agreement, the CITY's Chief Education O�cer will provide a
confirmatory letter of eligibility for the participant and the selected PROVIDER, which letter shall
be counter-signed by the participant parenVguardian and PROVIDER.
5.2 Attendance Documentation. PROVIDER agrees to document the daily attendance, to
ce�tify the monthly attendance, and to certify the annual cumulative attendance of each child
admitted to PROVIDER's CMB Program class(es).
5.3 Parent Attendance Certification. PROVIDER agrees to require that the parenU guardian
of each child in the CMB Program verify, each month, the child's attendance on the prior montn's
certified child attendance record.
5.4 Invoicing and Payment. PROVIDER shall provide the CITY with a monthly invoice,within
fifteen (15) days from the end of a given month, for payment of eligible Program Instructional
Hours to:
Dr. Leslie Rosenfeld
Chief Education Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
E-Mail: leslierosenfeld@miamibeachfl.gov
The invoice will be executed by PROVIDER and the parenUguardian ofthe participant child and
include a reimbursement summary,the attendance documentation(certified by PROVIDERj,and
the parent attendance certification for the given month. If the due date for the monthly invoice and
the foregoing required documentation falls on a holiday,PROVIDER agrees to submit the monthly
invoice,along with the required documentation to the CITY on the proceeding business day.
Documentation submitted late will be processed and paid in the next payment cycle.
Payments will be mailed to PROVIDER,within thirty(30)days from receipt of an acceptable
invoice,at the address for contact for PROVIDER, listed in Subsection 1.1 of the Contract.At the
CMB Program 26- 27 CITY OF MIAMI BEACH
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option of the CITY, PROVIDER may be provided with the opportunity to receive payment through
Direct Deposit.
5.5 Payment Rate. PROVIDER will be entitled to receive payment for eligible Program
Instructional Hours of service provided during the Term, to be paid at PROVIDER's regular rate
or $6.66 per hour, whichever is less, for up to 2.5 hours per day for 180 days, not to exceed
$3,Q00.00 per applicable school year per participant child. Any discounts based on income or
other PROVIDER offerings available to the eligible participant will decrease the amount due from
the CITY, as applicable. If PROVIDER's tuition rate, as disclosed by the PROVIDER-participant
Agreement, exceeds the maximum CMB Program hourly rate of$6.66 per hour, the participant
parenUguardian is responsible for paying any additional sums due and owing PROVIDER.
5.6 No Advance Payment Option. PROVIDER understands that the CITY will not provide
any advanced payments and will reimburse PROVIDER as per Contract terms. Additionally,
PROVIDER shall not be permitted to charge the participants up front, pending receipt of the
reimbursement payment from the City for eligible Program Instructional Hours.
5.7 Overpayment. PROVIDER agrees that, if the end-of-year reconciliation of payments
reveals that PROVIDER received payments in excess of the amount owed to PROVIDER,
PROVIDER agrees to return to the CITY the funds it was overpaid. If PROVIDER fails to return
the funds it was overpaid, within ten (10) days from receipt of a written request from the CITY,
PROVIDER will be subject to collection efforts. Any outstanding sums owed to the CITY shall
accrue interest at the rate of 18% per annum until paid. Additionally, PROVIDER will not be
eligible to participate in any additional CITY sponsored PK Education Programs until the
overpayment has been paid to the CITY.
5.8 Closures. PROVIDER agrees no compensation will be provided during temporary
closures.
5.9 Child Participant DismissalNoluntary Withdrawal. In the event that a child participant
is dismissed orwithdraws from PROVIDER's location ("Unenrolted ParticipanY'), funding forthe
Unenrolled Participant shall terminate under this Contract. The unused portion of the approved
stipend will remain with the CITY for use by the Unenrolled Participant at a different provider
location or, at the CITY's option, for use by other approved participants. The Unenrolled
Participant may seek approval from the CITY to apply the balance of the approved stipend to PK
Education Program services with a different provider. PROVIDER shall provide the CITY with
notice of an Unenrolled Participant within seven (7) calendar days.
6. AUDITING AND INSPECTIONS
6.1 Upon reasonable verbal or written notice to PROVIDER, and at any time during normal
business hours (i.e. 9AM - SPM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment,
deem necessary,there shall be made available to the City Manager, and/or such representatives
as the City Manager may designate to act on the CITY's behalf,to audit, examine,and/or inspect,
any and all other documents and/or records relating to all matters covered by this Contract.
PROVIDER shall maintain any and all such records at its place of business at the address set
forth in Subsection 1.1 of this Contract.
CMB Program 26 - 27 CITY OF MIAMI BEACH
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6.2 Inspector General Audit Rights.
a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the CITY has
established the Office of the Inspector General which may,on a random basis,perform
reviews, audits, inspections and investigations on all CITY contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the CITY.
b. The Office of the Inspector General is authorized to investigate CITY affairs and
empowered to review past, present and proposed CITY programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor CITY projects and programs.Monitoring of an existing CITY project or program
may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal)submittals,activities of PROVIDER,
its o�cers, agents and employees, lobbyists, CITY staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant
to Section 2-378 of the CITY Code, the CITY is allocating a percentage of its overall
annual contract expenditures to fund the activities and operations of the Office of
Inspector General.
c. Upon ten (10)days written notice to PROVIDER, PROVIDER shall make all requested
records and documents available to the Inspector General for inspection and copying.
The Inspector General is empowered to retain the services of independent private
sector auditors to audit, investigate, monitor, oversee, inspect and review operations
activities, performance and procurement process inciuding but not limited to project
design, bid specifications, (bid/proposal) submittals, activities of PROVIDER its
o�cers, agents and employees, lobbyists, CITY staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d. The Inspector General shall have the right to inspect and copy all documents and
records in PROVIDER's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files, worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all project-
related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
CMB Program 26- 27 CITY OF MIAMI BEACH
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e. PROVIDER shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Contract, for examination, audit, or reproduction, until three (3)
years after final payment under this Contract or for any Ionger period required by
statute or by other clauses of this Contract. In addition:
1. If this Contract is completely or partially terminated, PROVIDER shall make
available records relating to the work terminated until three (3) years after
any resulting final termination settlement; and
2. PROVIDER shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Contract until
such appeals, litigation, or claims are finally resolved.
f. The provisions in this section shall apply to PROVIDER, its o�cers, agents,
employees, subcontractors and suppliers. PROVIDER shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
PROVIDER in connection with the performance of this Contract.
g. Nothing in this section shall impair any independent right to the CITY to conduct
audits or investigative activities.The provisions of this sectian are neither intended
nor shall they be construed to impose any liabiliry on the CITY by PROVIDER or
third parties.
7. MAINTENANCE OF RECORDS, DATA,AND CONFIDENTIALITY
7.1 Record Co�fidentiality. PROVIDER agrees to protect the confidentiality of child and
family records, as required by applicable law.
7.2 Record Maintenance. PROVIDER agrees to maintain records, including enrollment
and attendance records for children funded by the CMB Program; and other fiscal records for
audit purposes fora period of five (5)years from the date of the last payment for that fiscal year
or until the resolution of any audit findings or any litigation related to this Contract, whichever
occurs last. PROVIDER may maintain records in an electronic medium and if PROVIDER does
so, then PROVIDER shall back up records on a regular basis to safeguard against loss.
8. PROVIDER'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
8.1 PROVIDER shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
8.2 The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings,
data processing software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business of the CITY.
8.3 Pursuant to Section 119.0701 of the Florida Statutes, if PROVIDER meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), PROVIDER shall:
CMB Program 26- 27 CITY OF MIAMI BEACH
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9
a. Keep and maintain public records required by the CITY to perform the service;
b. Upon request from the CITY's custodian of public records, provide the CITY 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, Florida Statutes or as otherwise provided by law;
c. 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 contract term and following completion of the Contract if
PROVIDER does not transfer the records to the CITY;
d. Upon completion of the Contract, transfer, at no cost to the CITY, all public records
in possession of PROVIDER or keep and maintain public records required by the
CITY to perform the service. If PROVIDER transfers all public records to the CITY
upon completion of the Contract, PROVIDER shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If PROVIDER keeps and maintains public records upon completion
of the Contract, PROVIDER shall meet all applicable requirements for retaining
public records.All records stored electronically must be provided to the CITY, upon
request from the CITY's custodian of public records, in a format that is compatible
with the information technology systems of the CITY.
8.4 REQUEST FOR RECORDS; NONCOMPLIANCE.
a. A request to inspect or copy public records relating to the CITY's contract for
services must be made directly to the CITY. If the CITY does not possess the
requested records, the CITY shall immediately notify PROVIDER of the request,
and PROVIDER must provide the records to the CITY or allow the records to be
inspected or copied within a reasonable time.
b. PROVIDER's failure to comply with the CITY's request for records shall constitute
a breach of this Contract, and the CITY, at its sole discretion, may: (1} unilaterally
terminate the Contract; (2)avail itself of the remedies set forth under the Contract;
and/or(3) avail itself of any available remedies at law or in equity.
c. If PROVIDER fails to provide the public records to the CITY within a reasonable
time may be subject to penalties under s. 119.10.
8.5 CIVIL ACTION.
a. If a civil action is filed against PROVIDER to compel production of public records
relating to the CITY's contract for services, the court shall assess and award
against PROVIDER the reasonable costs of enforcement if:
1. The court determines that PROVIDER unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that PROVIDER
CMB Program 26- 27 CITY OF MIAMI BEACH
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has not complied with the request, to the CITY and to PROVIDER.
b. A notice complies with subsection{a)(2)if it is sent to the CITY's custodian of public
records and to PROVIDER at PROVIDER's address listed on its contract with the
CITY or to PROVIDER's registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified
mail, with postage or shipping paid by the sender and with evidence of delivery,
which may be in an electronic format.
c. If PROVIDER complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
8.6 IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
9. LIMITATION OF CITY'S LIABILITY
The CITY desires to enter into this Contract only if in so doing the CITY can place a limit on the
CITY's liability for any cause of action, for money damages due to an alleged breach by the
CITY of this Contract, so that its liability for any such breach never exceeds the sum of
$3,000.00, less any payments received by PROVIDER during the Term. PROVIDER
hereby expresses its willingness to ente�into this Contract with PROVIDER's recovery from the
CITY for any damage action for breach of contract to be limited to a maximum amount of
$3,000.00 less any payments received by PROVIDER during the Term.
Accordingly, and notwithstanding any other term or condition of this Contract, PROVIDER hereby
agrees that the CITY shall not be liable to PROVIDER for damages in an amount in excess of
$3,000.00, less any payments received by PROVIDER during the Term for any action or claim for
breach of contract arising out of the performance or non-performance of any obligations imposed
upon the CITY by this Contract.
Nothing contained in this section or elsewhere in this Contract is in any way intended to be a
waiver of the limitation placed upon the CITY's liability, as set forth in Section 768.28, Florida
Statutes.
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10. NONDISCRIMINATION
Discrimination Prohibited.
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance,
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment (including independent contractors), housing, public
accommodations, public services, and in connection with its membership or policies because of
actual or perceived race,color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, disability, ancestry, height,weight, hair texture and/or
hairstyle, domestic partner status, labor organization membership, familial situation, or political
affiliation.
11. TERMINATION AND NONCOMPLIANCE
11.1 Termination for Cause. PROVIDER agrees that the CITY, through its City Manager,
has the right to terminate this Contract for cause at any time. The following are grounds for
termination for cause:
a. Breach of Contract Provisions. The Ciry of Miami Beach may terminate this
Contract upon PROVIDER failing to fulfill in a timely manner, or otherwise violates,
any of the covenants, agreements, or stipulations to this Contract.
b. Licensing; Health, Safety or Welfare. The CITY may immediately terminate this
Contract on an emergency basis upon: (a) a notification by the Department of
Children and Families(DCF)or local licensing agency or accreditation body actions
or inactions of a PROVIDER that pose an immediate and serious danger to the
health, safety, or welfare of children; (b) PROVIDER's action, or lack of action,
which threatens the health, safety or welfare of children; or (c) revocation of
PROVIDER's DCF license.
c. Fraud. The CITY may suspend or terminate PROVIDER from participation in the
CMB Program when it has reasonable cause to believe that PROVIDER has
committed fraud.
d. Notice of Termination/Partial Termination. The CITY may terminate this
Contract for cause by sending PROVIDER written notice of termination at least
twenty-four(24)hours prior to termination. The written notice must specifically state
the basis of the CITY's termination for cause. If PROVIDER has executed this
Contract on behalf of multiple locations and one or more of the locations is
terminated pursuant to this Section 11, then, at the sole discretion of the City
Manager, the CITY may terminate the entire Contract or chose to terminate a
specific location from the scope of the Contract.
11.2 Termination of Contract by PROVIDER. PROVIDER and the CITY may agree to
terminate this Contract by mutual consent. PROVIDER may NOT unilaterally terminate this
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Contract at will. Written notice of request to terminate must be given at least thirty (30) calendar
days before the termination date in order for the CITY to support the participant in making
alternative arrangements for uninterrupted services for children served under this Contract. If
sufficient notice of termination is not provided, the CITY may refuse to issue the final
reimbursement payment to PROVIDER.
12. NOTIFICATtON
Information Change Notification. PROVIDER agrees that it will comply with each of the
following notification requirements:
a. Submitting documentation demonstrating temporary closure by the close of
business on the first day that a closing occurs and submitting documentation
demonstrating subsequent reopening within two(2)business days after reopening;
and
b. Providing notice and documentation specifying reasons for dismissal of a child
participant within seven (7j calendar days.
13. INDEMNIFlCATION
Indemnification. PROVIDER shall be fully liable for and indemnify, defend and hold harmless
the CITY and all of their o�cers, directors, agents, contractors, subcontractors and employees
from and against any and all third-party claims, suits, actions, damages, judgments and costs
that arise whether in law or in equity, from any of PROVIDER's agents, subcontractors or
employees' acts, actions, neglect or omission during the performance or operations under this
Contract or any subsequent modification thereof. This includes attorney's fees and costs. This
indemnification holds whether liability is direct or indirect and whether damage is to any person
or real or personal tangibfe or intangible property. If PROVIDER is a state agency or a
su�division thereof, as defined in Section 768.28(2), Florida Statutes this section is limited to the
extent permitted by Section 768.28, Florida Statutes.
14. MISCELLANEOUS PROVISIONS
14.1 Counterparts; Electronic Signatures. This Contract and any amendments hereto may
be executed in counterparts, each of which shall be an original as against either Party whose
signature appears thereon, but all of which taken together shall constitute but one and the same
instrument. An executed facsimile or electronic scanned signed copy of this Contract shall have
the same force and effect as an original. The parties shall be entitted to sign and transmit an
electronic signature on this Contract {whether by facsimile, PDF or other email transmission),
which signature shall be brnding on the party whose name is contained therein. Any party
providing an electronic signature agrees to promptly execute and deliver to the other parties an
original signed Contract upon request.
14.2 Severability. If any provision of this Contract is held to be unenforceable by a court of
competent jurisdiction, the remaining terms and conditions remain in full force and effect.
94.3 Amendments. Only authorized attachments, amendments, or supplements to this
Contract, executed by the parties, are authorized or permitted including those specifically
incorporated by reference in this Contract.
CMB Program 26-27 CITY OF MIAMI BEACH
(Updated July 2025) Prekindergarten Program ProviderContract
13
14.4 Applicable Law. In its performance of the CMB Program services under the Contract,
PROVIDER shall comply with all applicable laws, ordinances, and regulations of the City, Miami-
Dade County, the State of Florida, and the federal government, as applicable.
14.5 Not Transferrable. This Contract is not transferrable or assignable to another entity. A
change in ownership of PROVIDER requires execution of a new contract. In the event of a change
of ownership, sale, sale of assets, conveyance of ownership or other transfer of ownership
interest, PROVIDER shall notify the CITY no later than 30 calendar days prior to the transfer of
ownership.
14.6 Litigation and Venue. The CITY and PROVIDER agree that any litigation related to this
Contract which is brought by the CITY or PROVIDER will be brought in Miami-Dade County.
15. E-VERIFY
15.1 PROVIDER shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute,
commencing on January 1, 2021, PROVIDER shall register with and use the E-Verify system to
verify the work authorization status of all newly hired employees during the Term of the Contract.
Additionally, PROVIDER shall expressly require any subcontractor performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract Terrn. If PROVIDER enters into a contract with an approved
subcontractor, the subcontractor must provide PROVIDER with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
PROVIDER shall maintain a copy of such affidavit for the duration of the subcontract or such other
extended period as may be required under this Contract.
15.2 Termination Rights.
a. If the CITY has a good faith belief that PROVIDER has knowingly violated
Section 448.09(1 ), Florida Statutes, the CITY shall terminate this Contract with
PROVIDER for cause, and the CITY shall thereafter have or owe no further
obligation or liability to PROVIDER.
b. If the CITY has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 15.1, but PROVIDER otherwise complied with such
subsection, the City will promptly notify PROVI�ER and order PROVIDER to
immediatety terminate the agreement with the subcontractor. PROVIDER's
failure to terminate a subcontractor shall be an event of default under this
Contract, entitling the CITY to terminate PROVIDER's Contract for cause.
c. A contract terminated under the foregoing Subsection 15.2(a) or 152(b) is not in
breach of contract and may not be considered as such.
d. The CITY or PROVIDER or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection 15.2(a)
or 152(b) no later than 20 calendar days after the date on which the contract
was terminated.
CMB Program 26 -27 CITY OF MIAMI BEACH
(Updated July 2025) Prekindergarten Program ProviderContract
14
e. If the CITY terminates the Contract with PROVIDER under the foregoing
Subsection 15.2(a), PROVIDER may not be awarded a public contract for at least
1 year after the date of termination of this Contract.
f. PROVIDER is liable for any additional costs incurred by the CITY as a result of the
termination of this Contract under this Section 15.
16. EXECUTION OF CONTRACT
PROVIDER has caused this Contract to be executed as of the date set forth in Subsection 1.1.
By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this
Contract. PROVIDER certifies that all information provided is true and correct and agrees that
noncompliance with the requirements of the CMB Program,which include the requirements of this
Contract, and all Exhibits and authorized attachments, shall result in withholding of funds, or
termination of this Contract at the discretion of the CITY.
17. PROVIDER'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
PROVIDER agrees to comply with Section 787.06, Florida Statutes, as may be amended from
time to time, and has executed the Anti-Human Trafficking A�davit,containing the certification of
compliance with anti-human tra�cking laws, as required by Section 787.06(13), Fforida Statutes,
a copy of which is attached hereto as Exhibit 2.
18. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
PROVIDER warrants and represents that it is not currently engaged in, and will not engage in, a
boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a)
of the City Code, PROVIDER hereby certifies that PROVIDER is not currently engaged in, and
for the duration of the Agreement, will not engage in a boycott of Israel.
19. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED
OFFICE
PROVIDER warrants and represents that, within two (2) years pnor to the Effective Date,
PROVIDER has not received compensation for services perFormed for a candidate for City elected
o�ce, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt,the restrictions on contracting with the City pursuant to Section 2-379
of the City Code shall not aqplv to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of business for
clients or customers other than candidates for office. This includes, without limitation, banks,
telephone or internet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
(c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
20. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CMB Program 26-27 CITY OF MIAMI BEACH
(Updated July 2025) Prekindergarten Program ProviderContract
15
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE
ACCESSED
PROVIDER hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended
from time to time, which states that as of January 1, 2024, a governmental entity may not accept
a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the
entity access to an individual's personal identifying information (PII), unless the entity provides
the governmental entity with an affidavit signed by an officer or representative of the entity under
penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)-(c)
of Section 287.138, Florida Statutes: (a)the entity is owned by a government of a foreign country
of concern; (b) the government of a foreign country of concem has a controlling interest in the
entity; or(c) the entity is organized under the laws of or has its principal place of business in a
foreign country of concern (each a"Prohibited Entity"). A foreign country of concern is defined in
Section 287.138 (1)(c), Florida Statutes, as may be amended from time to time, as the People's
Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's
Republic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro,or the Syrian
Arab Republic, including any agency of or any other entity of significant control of such foreign
country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or
renew a contract with a Prohibited Entity. PROVIDER warrants and represents that it does not
fall within the definition of a Prohibited Entity, and as such, has caused an authorized
representative of PROVIDER to execute the "Prohibition Against Contracting with Entities of
Foreign Countries of Concern AffidaviY', incorporated herein by reference and attached hereto as
Exhibit 3.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CMB Program 26- 27 CITY OF MIAMI BEACH
(Updated July 2025) Prekindergarten Program ProviderContract
Docusign Enveiope ID:62�2844A-BEA2-4C55-9BD1-DFCA70A7�BC4
16
Warranty of Authority. Each person signing this contract warrants that he or she is duly
authorized to do so and to bind the respective party to the contract.
CDocuSi ned by:
�����l�/IDER:
8C3?D6288AE2A61..
Rosario Ramirez
Signature of PresidenWice PresidenU P�int Name
SeCretarylOfficerlQwner/PrinCipal/or Other Print Email kinderland4kids@msn.com
Authorized Representative
�By Electronic Signature 10/17/2025 � 7: 53 AM EDT
Owner
�d��is�ed nr: ----- Date -- ---
��
�
370FC043FB64Al2 Silvia Ramos
PR�VIDER's Additional Signatory Print Name silviaramos873@gmaif.com
(if required by PROVIDER) Print Email
�iclBy Electronic Signature
10/17/2025 ( 4: 56 AM PDT
Director
_--- ___-- -------�_�.—
Title Date
PROVIDER's Additional Signatory Print Name
(if required by PROVIDER) Print Email
�By Electronic Signature
Title Date
FOR CITY OF MIAMI BEACH, FLCIRIDA:
DS DS
'� o Jason Greene
� ature of A !F►er+� Print Name
Representative
�By Electronic Signature
Chief Financial Officer
Title Date
APPROVED AS TO
FURM& LANGUAGE
OR E UTION
'U4} +�;- 0����ZS
��City Attorney Date
17
EXHIBIT 1
PROVIDER LOCATION LIST
Provider Legal Name Kindel'larld 4 KIdZ, LLC
tdoinfl business as1: Kinderland 4 Kidz
If PROVIDER is executing this Contract on behalf of one physical location, marlc this
Exhibit "Not Applicable" in the box below.
� Not Applicable
If PROVIDER is a school district executing a single Contract on behalf of multiple public
school PK Education Program providers or if PROVIDER is executing a single Contract on
behalf of multiple private PK Education Program sites, PROVIDER shall complete a Provider
Location List in a table format with the following columns:
a. Location Legal Name
b. Doing Business as Name(if applicable)
C. Physical Address
d. Employer ldentification Number(EIN)
e. Department of Children and Families Number(DCF)
f, School Year(Y/N)
g. Official Use Only(for CITY use)
- 18
�CHiBiT 2
A�iT6-HtlMAN TRAFFiCKIE�G A�FIDAVIT
!n accordance with Sect�on 787A6 (13), �(arida Sta#utes. the unc4ersigned, on behaEf of
PROViDER hereby attests under �enalty af perjury that PROVIDER does not use coercion for
(abor or services as define�9n Section 787.06, Florida Statutes, entitied �Human Trafficking'.
f understan� thai i am swearing or a�firming under oath to`�he truthfulness of the ciairrts made in
this a�fidavit and that the punishmen�tor knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidav�t on behalf of PROViDER.
PRQVIDER:
� ;.���� � ��Z . � Priva�e corporation.
�
_�R���-��t�� ��� �'���� ��' ., ,.
Name/Titie: (Add�ess)
State of ��-
County of Miami-�ade
The foregoing instrume�t was ackr,owledged before me by means of � physical presence or C
online notarization, this � day of C��O 2d?� by
��A���+.�`�`�''fii R�l��C , a s ��iS�A'�*� taM���; of
��n`.���At�� � �i� � z�\LA� corporation, known�o rrze to be the
persan described �erein, or who proc�uced ����' �`g� � ���'�� �s
identi�Ecation, and who �ic4Jdid not take an oatf�_
(/NO+� Y PUBLlC:
' �� J
,� t � , ..._ _
:.��tie;.., ' MARGkR(TA BANGO
�.t ig-�.A-,'L�,��- ��Iv G � _� Y` µGtd�'PlIb1�C�Stdit 0�FIOIS6L
•. Commissian�HH J53298
��,;as n�� µ c
iPnn�Name} Y coR,�,.s�;��zo,zav
.�.a�eec cnrougn kaba,a�rbt�y assrr.
My commission expires: t�S2.,�2t�� �--�{-
�
19
EXkiiB[T 3
PROHIBITfON AGAtNST COfi�TRACTING WiT�! FOREIGN COUNi"RlES�F CONCERN
AF�tQA'N��
in accordance v�ith Sectian 287.138, �larida Statutes. inco�pora#ed herein by reference, the
u�,dersigned, on t�ehaEf of PR�VIQER, �ereby aitests under penaity of perjury�hat PROVIQER
dQes not meet any of `�he fo€fowing cnteria in Paragraphs 2(a}-(c) of Section 287.138, Florida
Statu�es: (a} PROVIDER is owned by a gov�rnmert of a fareign country of concem; (b} �he
�overnrnent of a `oreign cauntry of concern has a conirol[ing interest in PROV(dER; or {c}
PROVIDER is organized under �he laws ot' or has its �rincipaf p{ace of business in a foreign
country of concern.
! understand that I am swearing or affirming under oath, uncier penalties of perjury, to the
truthfulness of the ciaims made in this a�davit and that the punishment for knowingly making a
fatse statement includes fir�es and/o;inprisanr�ent.
The undersigned is aithorized to exe4ute this affidavit on be;-ialf of PROV(DER.
PR�VlDER:
�itir�F`�L,1�1��1 �` `��-�Z , a Privaie corpora#ion.
�9�.����i�z ��3�� C������ ����
Nas�e/Tifi#e: ���1-E� (Address)
State of ��-
County of [�Aiam;-Dade
�he foregcing instrument was acknowiedged before me by means of C physEca! presence ar ❑
onfine notarizat�on, this �_ day of (�'�'o`F_ �@,�t�2 202 S by
• � `�� '����� as ��io��t�r? o#
ip�7����,��� �`1�'Z . a `�v��€ carporatiQn, know�t to me to �e the
person describeci herein, or who prod�scec! �--�{�O�b'��-��,.• GGt'� as
ider��ification, and who did/did �ot take an oath.
,�T7�Y PUBLIC:
�
[ G
igna�ure} �
..�.
�. � .��;-.,. �r
� ��'�l..�r c� '� `'�-: xaec�aatra sr,hc.�
kO�fY publk-
(Print Name} "���p; ��m���e 6f Flcrf�
j .,cc�,..: ��� MH 353298
�Rded thrp� ExDirPs Fp�Z0.ZQ2T
My commissiQn expires: _��������-��� �h kationat x�,'v assn.