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PSA with Arts for Learning Miami, Inc.Docusign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARTS FOR LEARNING/MIAMI,INC. FOR ARTS EDUCATION PROGRAMS,NOV 2 5 2024 T his Professional S e rvices A greem ent ("A greem ent")is entered into this da y of 2024 ,by and betw een the CITY OF MIAMI BEACH,FLORIDA,a m u nicipa l co rporation orga nized and existing under the law s of the State of Florida, ha ving its principal offices at 17 00 C onvention Center Drive,M iam i Beach,Florida, 33 139 ("C ity"),and ARTS FOR LEARNING/MIAMI,INC.,a Florida not-fo r-profit corporation w hose address is 10 1 G rand A venue,M iam i,Florida,33133 ("C o nsultant") SECTION 1 DEFINITIONS A gree m e nt: C ity M anage r: C o nsultant: S e rv ices: F e e : R isk M a nage r: This A greem ent betw een the City and Consultant,incl uding any exhibits and am endm ents the reto. T he chief a dm inistrative officer of the C ity Fo r the purposes of this A greem ent,Consultant shall be deem ed to be an independent C onsultant,and not an agent or em ployee of the C ity A ll se rvices,w ork and actions by the C onsultant perform ed or unde rtaken pursuant to the Agreem ent A m ount paid to the C onsultant as com pensation fo r Serv ices. The Risk M anager of the City,w ith offices at 17 00 Convention Cente r D rive,Third Floor,M iam i Beach,Florida 33139, telep ho ne num ber (305)673-7000.Ext 6435,and fa x num ber (305)67 3-7023. SECTION 2 SCOPE OF SERVICES 2.1 In conside ration of the Fee to be paid to C onsultant by the City,Consultant sha ll provide the w ork and serv ices described in Exhibit "A "hereto (the "Services"). 2.2 C o nsultant's Services,and any de liverables incident thereto,shall be co m p leted in accorda nce w ith the tim eline and/or schedule in Exhibit "A "hereto. Docusign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB SECTION 3 TERM The term of this Agreement ("Term")shall be retroactive to February 7,2020,and end on September 30,2024,to reflect the continuation of services provided since the ending of the previous agreement upon execution of this Agreement by all parties hereto. Notwithstanding the Term provided herein,Consultant shall adhere to any specific timelines,schedules,dates,and/or performance milestones for completion and delivery of the Services,as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"hereto. SECTION4 FEE 4.1 In consideration of the Services to be provided,Consultant shall be compensated on a fixed fee basis,in the amount of $81.000 per year. 4.2 25%of the fee will be paid to Consultant every three months,provided that work is completed in accordance with the timeline and/or schedule in Exhibit "A" hereto.Q NSULTANI CERTIFIES THAT [A)QNLY QNE(1)PAYMENT F $81_QQ REMAINS PAYABLE FOR THE SERVICES DESCRIBED IN EXHIBIT A AND (B) UPON THE CITY RENDERING THE FINAL PAYMENT OF $81,000,THE CITY HAS NO FURTHER LIABILITY OR OBLIGATION TO CONSULT ANT UNDER THIS AGREEMENT. 4.3 INVOICING Upon receipt of an acceptable and approved invoice,payment(s)shall be made within thirty (30)days for that portion (or those portions)of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided,and shall be submitted to the City at the following address Lissette Garcia Arrogante Director Tourism and Culture Department City of Miami Beach 1755 Meridian Avenue,Suite 500 Miami Beach,FL 33139 Docusign Envelope ID CE981C23-CC38-4134-9BE4-E90CD4C907FB SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner,or otherwise violates, any of the covenants,agreements,or stipulations material to this Agreement,the City,through its City Manager,shall thereupon have the right to terminate this Agreement for cause.Prior to exercising its option to terminate for cause,the City shall notify the Consultant of its violation of the particular term(s)of this Agreement,and shall grant Consultant ten (10)days to cure such default.If such default remains uncured after ten (10)days,the City may terminate this Agreement without further notice to Consultant.Upon termination,the City shall be fully discharged from any and all liabilities,duties,and terms arising out of, or by virtue of,this Agreement. Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant.The City,at its sole option and discretion,shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant.The City shall be entitled to recover all costs of such actions,including reasonable attorneys'fees 5.2 TERMINATION FOR CONVENIENCE OF IHE CITY THE CITY MAY ALSO,THROUGH ITS CITY MANAGER,AND FOR ITS CONVENIENCE AND WITHOUT CAUSE,TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION;WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)DAYS FOLLOWING RECEIPT BY THE CONSULT ANT OF SUCH NOTICE.IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION;FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES,DUTIES,AND TERMS ARISING OUT OF,OR BY VIRTUE OF,THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.In such event,the right and obligations for the parties shall be the same as provided for in Section 5.2 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB 6.1 SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,employees,agents,and contractors,from and against any and all actions (whether at law or in equity),claims (including copyright,patent or trademark infringement claims),liabilities,losses,and expenses,including,but not limited to, attorneys'fees and costs,for personal,economic or bodily injury,wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of the Consultant,its officers,employees,agents,contractors,or any other person or entity acting under Consultant's control or supervision,in connection with,related to,or as a result of the Consultant's performance of the Services pursuant to this Agreement.To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses,including appeals.The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify,keep and save harmless and defend the City or its officers,employees, agents and instrumentalities as herein provided. The parties agree that one percent (1 %)of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement.The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term,the following insurance: 1.Consultant General Liability,in the amount of $1,000,000; 2.Workers Compensation &Employers Liability,as required pursuant to Florida Statutes. Insurance must be placed with insurers with a current A.M.Best rating of A:VII or higher.If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e.FWCIGA,FAJUA)Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30)days prior to termination, cancellation or reduction in coverage in the policy. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager.The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE[JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida.This Agreement shall be enforceable in Miami-Dade County,Florida,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for the enforcement of same shall lie in Miami-Dade County,Florida.By entering into this Agreement,Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIM IT ATION OF CITY'S LI ABILITY The City desires to enter into this Agreement 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 Agreement,so that its liability for any such breach never exceeds the sum of $10,000.Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly,and notwithstanding any other term or condition of this Agreement,Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 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 Agreement. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Nothing contained in this section or elsewhere in this Agreement 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. SECTION 9 DUTY OF CARE With respect to the performance of the Services contemplated herein,Contractor shall exercise that degree of skill,care,efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant,and at any time during normal business hours (i.e 9AM-5PM.Monday through Fridays.excluding nationally recognized holidays),and as often as the City Manger 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 deem 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 Agreement.Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices"section of this Agreement. 10.2 ASSIGNMENT.TRANSFER OR SUBCONSULTING Consultant shall not subcontract,assign,or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager.which consent,if given at all,shall be in the Manager's sole judgment and discretion.Neither this Agreement,nor any term or provision hereof,or right hereunder.shall be assignable unless as approved pursuant to this Section,and any attempt to make such assignment (unless approved)shall be void. 10.3 PUBLIC ENTITY CRIMES Prior to commencement of the Services,the Consultant shall file a State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.4 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services,the Contractor shall not discriminate against any employee or applicant for employment 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,domestic partner status.labor organization membership,familial situation,or political affiliation. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB 10.5 CONFLICT OF INTEREST/COMPLIANCE WITH APPLICABLE LAW S The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions,as set forth in the Miami-Dade County Code,and as may be amended from time to time:and by the City of Miami Beach Charter and Code (as some may be amended from time to time):both of which are incorporated by reference herein as if fully set forth herein. In its performance of the work and/or services.Contractor 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. The Consultant covenants that it presently has no interest and shall not acquire any interest. direct or indirectly,which could conflict in any manner or degree with the performance of the Services.The Consultant further covenants that in the performance of this Agreement,no person having any such interest shall knowingly be employed by the Consultant.No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from 10.6 E-VERIFY (A)Contractor 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,Contractor 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 Agreement.Additionally,Contractor shall expressly require any subconsultant performing work or providing services pursuant to the Agreement 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 subconsultant during the contract Term.If Contractor enters into a contract with an approved subconsultant,the subconsultant must provide the Contractor with an affidavit stating that the subconsultant does not employ,contract with,or subcontract with an unauthorized alien.Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B)TERMINATION RIGHTS. (1)If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1),Florida Statutes,the City shall terminate this Agreement with Contractor for cause,and the City shall thereafter have or owe no further obligation or liability to Contractor. (2)If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.6(A),but the Contractor otherwise complied with such subsection,the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subconsultant.Contractor's failure to terminate a subconsultant shall be an event of default under this Agreement,entitling City to terminate the Contractor's contract for cause. (3)A contract terminated under the foregoing Subsection (8)(1)or (8)(2)is not in breach of contract and may not be considered as such. (4)The City or Contractor or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)2)no later than 20 calendar days after the date on which the contract was terminated. (5)If the City terminates the Agreement with Contractor under the foregoing Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Subsection (8)(1 ).Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6)Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.6. 10.7 FORCE MAJEURE (A)A Force Majeure"event is an event that (i)in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement.and (ii)is beyond the reasonable control of such party unable to perform the obligation,and (iii)is not due to an intentional act.error,omission,or negligence of such party,and (iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing criteria,Force Majeure may include events such as war,civil insurrection,riot,fires,epidemics,pandemics,terrorism, sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or tornadoes,earthquakes,or other acts of God which prevent performance.Force Majeure shall not include technological impossibility, inclement weather,or failure to secure any of the required permits pursuant to the Agreement. (B)If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen (15)business days thereof,provide notice:(i)of the occurrence of event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)ofthe anticipated period of the delay,and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C)No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable,in whole or in part,by Force Majeure to carry out such obligations.The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event,and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D)Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E)Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the sole discretion of the City Manager,suspend Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein.Additionally,in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30)days,the City may,at the sole discretion of the City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination.If the Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement.In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.8 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 the Contractor,its officers,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 the Contractor,the Contractor 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 including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor its officers,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 the Contractor'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, Docusign Envelope ID:.CE981C23-CC38-4134-9BE4-E90CD4C907FB mem o randa ,instructions,financial docum ents,construction docum ents,(bid/proposal) and contra ct docum ents,back-change documents,all docum ents and records which involve cash,trade or volum e discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records and support ing docum entation fo r the afo resaid docum e nts and records. (E )The C ontractor shall make available at its offi ce at all reasonable times the records, materials,and other evidence regarding the acquisition (bid pre paration)and perf orm a nce of this Agreem ent,fo r exam ination,audit,or reproduction,until three (3) years after final paym ent under this Agreement or fo r any longer period required by statute or by other clauses of this Agreem ent.In addition: i.If this Agreem ent is com pletely or partially term inated,the Contra ctor shall make available records relating to the w ork term inated until three (3)years after any resulting final term ination settlem ent;and ii.The Contractor shall make available records relating to appeals or to litigation or the settlem ent of claim s arising under or relating to this Agreement until such appea ls,litigation,or claim s are finally resolved. (F )The pro visions in this section shall apply to the Contractor,its officers,agents, em ployee s,subcontractors and suppliers.The Contractor shall incorpora te the provisions in this sectio n in all subcontracts and all other agreem ents executed by the Contractor in conne ctio n w ith the perf orm ance of this Agreement. (G )N othing in this section shall im pair any independent right to the City to conduct audits or investigative activities.The pro visions of this section are neither intended nor shall they be construed to im pose any liability on the City by the Contractor or third parties. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CH A NGES AND ADDITI O NS This A g reem e nt cannot be m odified or am ended w ithout the express written consent of the part ie s.No m od ification,am endm ent,or alteration of the term s or conditions contained herein shall be eff ective unless contained in a w ritten docum ent executed with the same fo rmality and of equal dignity herew ith. 12.2 SEVERABLLITY If any term or provision of this Agreem e nt is held invalid or unenforceable,the remainder of this A g ree m ent sha ll not be affected and every other term and pro vision of this Agreement sha ll be valid and be enfo rced to the fullest extent perm itted by law . 12.3 EN TIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreem ent betw een the parties This A gree m e nt supe rsedes all prior negotiations,cor respondence,conversations,agreements or Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB understandings applicable to the matters contained herein,and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12•4 PROH IBITIONS REGARD ING SAL E OR USE OF EXPAN DED POLYSTYRENE FOOD SER VIC E A RTICLES Expanded polystyrene,a petroleum byproduct commonly known as Styrofoam,is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded polystyrene is a common pollutant,which fragments into smaller,non- biodegradable pieces that are harmful to marine life,other wildlife,and the environment.The City's goals are to reduce the use of expanded polystyrene and encourage the use of reusable.recyclable,or compostable alternatives. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including,but not limited to,fusion of polymer spheres (expandable bead foam),injection molding,foam molding.and extrusion-blown molding (extruded foam polystyrene). Expanded polystyrene food service articles means plates,bowls,cups.containers,lids,trays, coolers.ice chests,and all similar articles that consist of expanded polystyrene. Consultant agrees not to sell,use,provide food in.or offer the use of expanded polystyrene food service articles in connection with fulfilling its obligations under this Agreement. Moreover,Consultant agrees to include the provisions of this Section 12.5 in any contract between Consultant and a subcontractor,independent contractor,vendor,supplier,sponsor or any other individual or entity (collectively referred to herein as the Subcontractors), executed in connection with Consultant's obligations under the terms of this Agreement.A violation of this section shall be deemed a default under the terms of this Agreement. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the Consultant or Subcontractors THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first entered above. FOR CITY: NOV 2 5 2024 Rafael E.Granado City Clerk FOR CONSULTANT. ATTEST CITY OF MIAMI BEACH,FLORIDA ARTS FOR LEARNING/MIAMI,INC. By Caaea Cadelooo Carolina Candelaria,Communications Director Print Name/Title Sheila Womble Executive Director APPROVED AS TO FORM &LANGUAGE &FOR EXECUTIONid.chaj"y Attorney r Date Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CO4C907FB Exhibit "A" Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2020-September 30,2021 About Arts for Learning: As Miami-Dade County's leading organization solely dedicated to advancing teaching and learning through the arts,Arts for Learning (A4L)works diligently to ensure that the arts are central to the life of every child.By connecting professional visual and performing artists to children in schools,preschools,and after-school and summer programs,children have the opportunity to experience and understand an art form,create a work of art, and connect that art to other areas of learning.A4L's comprehensive services include arts-integrated instruction,student studio programs,community art classes,internships in the arts,and teacher and artist professional development.A4L is a national affiliate of the Wolf Trap Institute for Early Learning and the Young Audiences Arts for Learning network. Proposed Scope of Work: Arts for Learning respectfully requests $81,000 to provide visual and performing arts programs for City of Miami Beach children,youth,and families during this pandemic. A4L Virtual Art Courses (serving up to 240 children) Arts for Learning will provide 24 virtual afterschool courses in the visual and performing arts (theatre,music,and dance).The courses will be offered in collaboration with AA4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.As A4L has served the children and families who historically utilize the afterschool programming at these facilities.A4L will run and manage virtual afterschool courses and will publicize the courses through our partners.A4L will offer three 6-weeks sessions throughout the academic year (fall,winter,and spring sessions).This allows families to enroll for the year or participate only in the seasonal sessions that make sense for their children.A4L's goal is to remain a beacon of consistency during what is an inconsistent time. Classes will be available for children in 2°through 5"grade.Classes meet twice a week for 6 weeks and are 30-45 minutes in length.Classes have a 1:10 teacher to student ratio and always have a zoom facilitator to ensure everything is working properly and as smoothly as possible. A4L Live Streams (unlimited access) Through Facebook Live,A4L will provide beach families with regular weekly visual art and dance classes for children.Facebook Live classes are 30 minutes,and may be accessed even if a family is unable to tune in during the live broadcast as the classes are saved on AA4L's Facebook page.Classes will be offered week days and will be curated by age so that each week there are classes for Kinder and 1"grade students,2 and 3"grade students,and 4" and 5"grade students.Any afterschool organization on the beach who resumes in-person programming and wants to offer arts programming for their students may also access A4L's Facebook Live streams for their participants.A4L will offer 24 live stream sessions by age range for a total 72 live stream offerings.In addition,A4L will offer 6 special live streams for preschool age children and their families. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C9O7FB Timeline for Services: Oct Zoom Courses Live Streams 2020 Nov Dec Jan Feb Mar Apr 2021 May Jun Jul Aug Sep Budget: Service Type Age Served Total No.Unit Price Total $No.Students Zoom course 2nd/3rd grade 12 $1,500 $18,00 0 10 per co urse=120 slots Zoom co urse 4th/5th grade 12 $1,500 $18,000 10 per course=120 slots Live Stream Session Preschool 6 $600 $3,600 Live Stream Session K/lst grade 24 $57S $13 ,800 Live Stream Session 2nd/3rd grade 24 $S75 $13 ,800 Live Stream Session 4th/5th grade 24 $575 $13 ,800 Total $81,000 240 Zoom courses+unlimited live stream THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Exhibit "A" Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2021-September 30,2022 About Arts for Learning: Arts for Learning (AAL)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge,creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists, animators,designers,film makers,architects,and creative writers to provide afterschool programs, arts-based summer camps,studio programs,paid internships in the arts for high school students,in- school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators, children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than 50 preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. Proposed Scope of Work:Visual and Performing Arts Courses (serving up to 300 children) Arts for Learning will provide visual and performing arts courses (up to 643 individual sessions)in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School, Biscayne Beach Elementary School,Flamingo Park,North Shore Park,Scott Rakow Youth Center,and South Pointe Park.A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fall and spring culminating events for children to showcase their work and efforts to their families and the community.All high-quality arts instruction sessions are delivered by a professional A4L teaching artist. Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: Afterschool programming serving elementary aged students Muss Park:72 sessions in the fall,112 sessions in the spring South Pointe ES:60 sessions in the fall,74 sessions in the spring Biscayne Beach ES:70 sessions in the fall,112,sessions in the spring Flamingo Park:59 sessions in the fall Toddler Time School Day programming serving preschool aged students North Shore Park:28 sessions in the spring Scott Rakow Youth Center:28 sessions in the spring South Point Park:28 sessions in the spring Timeline for Services:October 1,2021 -May 30,2022 Price:$81,000 Docusign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB Exhibit "A" Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2022-September 30,2023 About Arts for Learning: Arts for Learning (A4L)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge,creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists, animators,designers,film makers,architects,and creative writers to provide afterschool programs, arts-based summer camps,studio programs,paid internships in the arts for high school students,in- school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators, children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than 50 preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. Proposed Scope of Work:Visual and Performing Arts Courses (serving up to 300 children) Arts for Learning will provide visual and performing arts courses (up to 612 individual sessions)in collaboration with A4L's historic beach partners,the public schools localed in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School, Biscayne Beach Elementary School,North Shore Park,Scott Rakow Youth Center,and South Pointe Park.A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fall and spring culminating events for children to showcase their work and efforts to their families and the community.All high-quality arts instruction sessions are delivered by a professional A4L teaching artist. Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: Afterschool programming serving elementary aged students Muss Park:122 sessions in the fall,70 sessions in the spring South Pointe ES:60 sessions in the fall,84 sessions in the spring Biscayne Beach ES:70 sessions in the fall,122 sessions in the spring Toddler Time School Day programming serving preschool aged students North Shore Park:14 sessions in the fall and 14 in the spring Scott Rakow Youth Center:14 sessions in the fall and 14 in the spring South Point Park:14 sessions in the fall and 14 in the spring Timeline for Services:October 1,2022 -May 30,2023 Price:$81,000 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Exhibit "A" Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2023 -September 30,2024 About Arts for Learning: Arts for Learning (A4L)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge, creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists,animators,designers,film makers,architects,and creative writers to provide afterschool programs,arts-based summer camps,studio programs,paid internships in the arts for high school students,in-school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators,children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than 50 preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. Proposed Scope of Work:Visual and Performing Arts Courses (serving up to 300 children) Arts for Learning will provide visual and performing arts courses (up to 612 individual sessions)in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School,Biscayne Beach Elementary School,North Shore Park,Scott Rakow Youth Center,and South Pointe Park.A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fall and spring culminating events for children to showcase their work and efforts to their families and the community.All high quality arts instruction sessions are delivered by a professional A4L teaching artist.Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: Afterschool programming serving elementary aged students Muss Park:80 sessions in the fall,112 sessions in the spring South Pointe ES:60 sessions in the fall,84 sessions in the spring Biscayne Beach ES:80 sessions in the fall,112,sessions in the spring Toddler Time School Day programming serving preschool aged students North Shore Park:14 sessions in fall,14 sessions in the spring Scott Rakow Youth Center:14 sessions in fall,14 sessions in the spring South Point Park:14 sessions in fall,14 sessions in the spring Timeline for Services:October 1,2023 -May 30,2024 Price:$81,000 Docusign Envelope ID :CE981C23-CC38-4134-9BE4-E90CD4C907FB --------- RESOLUTION NO.2024-33244 I A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION'OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH ARTS FOR LEARNING MIAMI,A NOT-FOR-PROFIT CORPORATION,FOR IN-SCHOOL AND AFTER-SCHOOL ARTS EDUCATION PROGRAMS AT VARIOUS CITY PUBLIC SCHOOLS,PARKS AND YOUTH CENTERS,IN AN AMOUNT NOT TO EXCEED $81,000 PER YEAR,WITH SAID AGREEMENTS HAVING TERMS AS FOLLOWS:(1)COMMENCING ON FEBRUARY 7,2020,AND ENDING ON SEPTEMBER 30,2024,TO MEMORIALIZE THE CONTINUED SERVICES PROVIDED BY THE VENDOR AND PREVIOUS PAYMENTS MADE BY THE CITY DURING THIS PERIOD AND (2)COMMENCING ON OCTOBER 1,2024,WITH AN INITIAL TERM OF TWO (2)YEARS ENDING ON SEPTEMBER 30,2026,WITH THE OPTION,AT THE CITY'S SOLE DISCRETION, TO EXTEND FOR TWO (2)ADDITIONAL ONE (1)YEAR TERMS CONTINGENT UPON APPROPRIATION OF FUNDS. WHEREAS,Arts for Learning/Miami ("A4L")is a community-based non-profit organization creating a comprehensive system for infusing cultural arts into early learning,K-12 education,and after- school and summer programs through hands-on professional development for teachers and teaching artists,creation and dissemination of multimedia teaching resources,community arts programming and parent outreach;and WHEREAS,A4L was established by a group of business and community leaders in 2000 as a partnership between the Miami-Dade Cultural Affairs Council,Miami-Dade County Public Schools,and Young Audiences,the nation's leading supplier of arts-in-education services dedicated to advancing teaching and learning through the arts and community cultural resources;and WHEREAS,on September 30,2013,via Resolution No.2013-28388,and pursuant to Section 287.057 of the Florida Statutes which exempts these services from competitive bidding requirements, the City Commission authorized the execution of an agreement with Arts For Learning/Miami ("A4L"),a not-for-profit corporation,to provide after-school and summer camp arts education programs in the public schools and parks (as approved by the city administration);and WHEREAS,said agreement was extended for an additional two years through FY 2016,per the resolution,due to the overwhelmingly positive response from teachers,students,parents,and parks staff to offer Miami Beach students the opportunity to benefit from the proven advantages arts education provides:higher grade point averages,higher test scores,greater participation and community involvement,and lower drop-out rates;and WHEREAS,on October 19,2016,via Resolution 2016-29607,the Mayor and City Commission authorized the administration to execute a new professional services agreement for $75,000 having an initial term of one (1)year,commencing on October 1,2016,and ending on September 30,2017,with the option,at the City Manager's sole discretion,to extend for an additional two (2)one-year terms contingent upon the required budget appropriation;and WHEREAS,on January 11,2017,via Resolution 2017-29709,the Mayor and City Commission amended Resolution 2016-26907 to include additional arts education programs at Feinberg-Fisher K-8 Center,in an amount not to exceed $6,000,with a revised total not to exceed $81,000;and Docusign Envelope ID:CE981 C23-CC38-4 134-9BE4-E90CD4C907FB WHEREAS,on January 5,2018,the City Manager approved a one (1)year renewal of the agreement through February 6,2019;and WHEREAS,on January 19,2019,the City Manager approved a one (1)year renewal of the agreement through February 6,2020;and WHEREAS,services have continued to be rendered through to the present day and payments for these services have been made in accordance with the terms of the expired agreement with supporting documentation. NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby approve and authorize the City Manager and City Clerk to execute professional services agreements with Arts for Learning Miami,a not-for-profit corporation,for in-school and after-school arts education programs at various city public schools,parks and youth centers,in an amount not to exceed $81,000 per year,with said agreements having terms as follows:(1) commencing on February 7,2020,and ending on September 30,2024,to memorialize the continued services provided by the vendor and previous payments made by the City during this period and (2) commencing on October 1,2024,with an initial term of two (2)years ending on September 30, 2026,with the option,at the City's sole discretion,to extend for two (2)additional one (1)year terms contingent upon appropriation of funds. Rafael E.Granado,City Clerk APPROVED AS TO FORM &LANGUAGE &FOR EXECUTIO N gI2 .2 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Resolutions -C7 T MIAMI BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter,City Manager DATE:September 11,2024 TITLE:A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH ARTS FOR LEARNING MIAMI,A NOT-FOR-PROFIT CORPORATION,FOR IN-SCHOOL AND AFTER-SCHOOL ARTS EDUCATION PROGRAMS AT VARIOUS CITY PUBLIC SCHOOLS,PARKS AND YOUTH CENTERS,IN AN AMOUNT NOT TO EXCEED $81,000 PER YEAR,WITH SAID AGREEMENTS HAVING TERMS AS FOLLOWS:(1)COMMENCING ON FEBRUARY 7,2020,AND ENDING ON SEPTEMBER 30,2024,TO MEMORIALIZE THE CONTINUED SERVICES PROVIDED BY THE VENDOR AND PREVIOUS PAYMENTS MADE BY THE CITY DURING THIS PERIOD AND (2)COMMENCING ON OCTOBER 1,2024,WITH AN INITIAL TERM OF TWO (2)YEARS ENDING ON SEPTEMBER 30,2026,WITH THE OPTION,AT THE CITY'S SOLE DISCRETION, TO EXTEND FOR TWO (2)ADDITIONAL ONE (1)YEAR TERMS CONTINGENT UPON APPROPRIATION OF FUNDS. RECOMMENDATION The Administration recommends adopting the resolution to authorize the City Manager and City Clerk to execute two (2)professional services agreements with Arts for Learning Miami in an amount not to exceed $81,000 per year,with respective terms as follows:(1)commencing on February 7,2020,and ending on September 30,2024,to memorialize the continued services provided by the vendor and previous payments made by the City;and (2)have an initial term of two (2)years,commencing on October 1,2024,and ending on September 30,2026,with the option,at the city's sole discretion,to extend for two (2)additional one (1)year terms contingent upon appropriation of funds. BACKGROUND/HISTORY Arts for Learning Miami ("A4L")is a community-based non-profit organization dedicated to advancing teaching and learning through the arts and community cultural resources.The organization was established by a group of business and community leaders in 2000 as a partnership between the Miami-Dade Cultural Affairs Council,Miami-Dade County Public Schools,and Young Audiences,the nation's leading supplier of arts-in-education services. Through hands-on professional development for teachers and teaching artists,creation and dissemination of multimedia teaching resources,community arts programming and parent outreach,A4L is creating a comprehensive system for infusing cultural arts into early learning,K- 12 education,and after-school and summer programs.A4L has offered its programs in Miami Beach since its first CAC grant in 2002. On September 30,2013,via Resolution No.2013-28388,and pursuant to Section 287.057 of the Florida Statutes which exempts these services from competitive bidding requirements,the City Commission authorized the execution of an agreement with Arts For Learning/Miami ("A4L"),a not-for-profit corporation,to provide after-school and summer camp arts education programs in Page 468 of 1377 Do cu sign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB the public schools and parks (as approved by the city administration).Said agreement was extended for an additional two years,per the resolution,due to the overwhelmingly positive response from teachers,students,parents,and parks staff.As such,funding was included and approved in the FY 2014/15 and 2015/16 budgets to continue the program for an additional two years to offer Miami Beach students the opportunity to benefit from the proven advantages arts education provides:higher grade point averages,higher test scores,greater participation and community involvement,and lower drop-out rates. On October 19,2016,via Resolution 2016-29607,the Mayor and City Commission authorized the administration to execute a new professional services agreement for $75,000 having an initial term of one (1)year,commencing on October 1,2016,and ending on September 30,2017,with the option,at the City Manager's sole discretion,to extend for an additional two (2)one-year terms contingent upon the required budget appropriation. On January 11,2017,via Resolution 2017-29709,the Mayor and City Commission amended Resolution 2016-26907 to include additional arts education programs at Feinberg-Fisher K-8 Center,in an amount not to exceed $6,000,with a revised total not to exceed $81,000. On January 5,2018,the City Manager approved a one (1)year renewal of the agreement through February 6,2019. On January 19,2019,the City Manager approved a one (1)year renewal of the agreement through February 6,2020. ANALYSIS The agreement between the City and Arts for Leaming Miami (A4L)finalized on February 6, 2020.However,due to a lapse in oversight from previous staff,services continued to be rendered to the present day,and payments for these services have been made per the terms of the expired agreement.Staff has since identified the need to rectify the oversight and formalize an agreement for services rendered with A4L.Documentation related to the services rendered,including the timeline,type of service,and number of students served,is provided in the tables below,with further details in Exhibit A The intent is to formalize a new agreement to cover this elapsed period through September 30,2024,and ensure that all continued services and payments are appropriately documented. In addition,given these services are exempt from competitive bidding requirements pursuant to Section 287.057 of the Florida Statutes,the Administration will seek Commission approval to enter into an agreement having an initial term of two (2)years,commencing on October 1,2024, and ending on September 30,2026,with the option,at the City's sole discretion,to extend for two (2)additional one (1)year terms contingent upon appropriation of funds. Timeline of Services Provided:2020-2024 Timeline for Services October 1,2020 -May 30,2021 Service Type Grades Served Total Courses Zoom Course 2nd/3rd grade 12 Zoom Course 4th/5th grade 12 Live Stream Session Preschool 6 Live Stream Session K/1st grade 24 Live Stream Session 2nd/3rd grade 24 Page 469 of 1377 Docusign Envelope ID:CE981C 23-CC38-4134-9BE4-E90CD4C907FB Live Stream Session I Total 4th/5th grade 24 102 Timeline for Services October 1,2021 -May 30,2022 Service Type Grades Served Total Courses Muss Park -Fall Elementary Ages 72 Muss Park -Spring Elementary Ages 112 South Pointe ES-Fall Elementary Ages 60 South Pointe ES-Spring Elementary Ages 74 Biscayne Beach ES-Fall Elementary Ages 70 Biscayne Beach ES -Spring Elementary Ages 112 Flamingo Park -Fall Elementary Ages 59 North Shore Park -Spring Preschool Ages 28 Scott Rakow YC -Spring Preschool Ages 28 South Pointe Park -Spring Preschool Ages 28 Total 643 Timeline for Services October 1,2022 -May 30,2023 Service Type Grades Served Total Courses Muss Park -Fall Elementary Ages 122 Muss Park -Spring Elementary Ages 70 South Pointe ES-Fall Elementary Ages 60-- South Pointe ES-Spring Elementary Ages 84 Biscayne Beach ES -Fall Elementary Ages 70 Biscayne Beach ES -Spring Elementary Ages 122 North Shore Park -Fall Preschool Ages 14 North Shore Park -Spring Preschool Ages 14 Scott Rakow YC -Fall Preschool Ages 14 Scott Rakow Yc-Spring Preschool Ages 14 South Pointe Park -Fall Preschool Ages 14 South Pointe Park -Spring Preschool Ages 14 Total 612 Timeline for Services October 1,2023 -May 30,2024 Service Type Grades Served Total Courses Muss Park -Fall Elementary Ages 80 Muss Park -Spring Elementary Ages 112 South Pointe ES-Fall Elementary Ages 60 South Pointe ES-Spring Elementary Ages 84 Biscayne Beach ES -Fall Elementary Ages 80 Biscayne Beach ES -Spring Elementary Ages 112 North Shore Park -Fall Preschool Ages 14 North Shore Park -Spring Preschool Ages 14 Scott Rakow YC -Fall Preschool Ages 14 Scott Rakow YC-Spring Preschool Ages 14 South Pointe Park -Fall Preschool Ages 14 P ag e 4 70 of 1377 Do cu sign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB South Pointe Park -Spring I Preschool Ages Total FISCAL IMPACT STATEMENT 14 612 Funding for the Arts for Learning program has been budgeted in the Cultural Arts Council Fund (CAC)in the amount of $81,000 from FY 2020 through FY 2025. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable,the Business Impact Estimate (BIE)was published on: See BIE at:https://www .miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION FY 2025 -$81,000 -140-6080-000312-25-406-555-00-00-00- FY 2026 -$81,000 -140-6080-000312-25-406-555-00-00-00-(Contingent on FY 2026 budget appropriation) CONCLUSION The Administration recommends adopting the resolution to authorize the City Manager and City Clerk to execute two (2)professional services agreement with Arts for Learning Miami in an amount not to exceed $81,000 per year,with respective terms as follows:(1)commencing on February 7,2020,and ending on September 30,2024,to memorialize the continued services provided by the vendor and previous payments made by the City (2)have an initial term of two (2)years,commencing on October 1,2024,and ending on September 30,2026,with the option, at the city's sole discretion,to extend for two (2)additional one (1)year terms contingent upon appropriation of funds. Applicable Area Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-.172 No Is this item related to a G.O.Bond Project? No as this Agenda ltern initially requested by a lobbyist which,as defined_in_Code Sec.2-481, includes a principal engaged in lobbying?No If so,specify the name of lobbyist(s)and principal(s): Department Tourism and Culture Sponsor(s) Page 471 of 1377 Docusign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB Co-sponsor(s] Condensed Title Execute PSA w/Arts for Learning Miami,After-School Programs at City Schools/Parks/Centers. TC Page 4 72 of 1377 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Exhibit A Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2020-September 30,2021 About Arts for Learning: As Miami-Dade County's leading organization solely dedicated to advancing teaching and learning through the arts,Arts for Learning (A4L)works diligently to ensure that the arts are central to the life of every child.By connecting professional visual and performing artists to children in schools, preschools,and after-school and summer programs,children have the opportunity to experience and understand an art form,create a work of art,and connect that art to other areas of learning.A4L's comprehensive services include arts-integrated instruction,student studio programs,community art classes,internships in the arts,and teacher and artist professional development.A4L is a national affiliate of the WolfTrap Institute for Early Learning and the Young Audiences Arts for Learning network. Proposed Scope of Work: Arts for Learning respectfully requests $81,000 to provide visual and performing arts programs for City of Miami Beach children,youth,and families during this pandemic. A4L Virtual Art Courses (serving up to 240 children) Arts for Learning will provide 24 virtual afterschool courses in the visual and performing arts (theatre,music,and dance).The courses will be offered in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks prograrns.As AAL has served the children and families who historically utilize the afterschool programming at these facilities.A4L will run and manage virtual afterschool courses and will publicize the courses through our partners.A4L will offer three 6-weeks sessions throughout the academic year (fall,winter,and spring sessions).This allows families to enroll for the year or participate only in the seasonal sessions that make sense for their children.A4L's goal is to remain a beacon of consistency during what is an inconsistent time.Classes will be available for children in 2'through 5"grade.Classes meet twice a week for 6 weeks and are 30-45 minutes in length.Classes have a 1:10 teacher to student ratio and always have a zoom facilitator to ensure everything is working properly and as smoothly as possible. A4L Live Streams (unlimited access) Through Facebook Live,A4L will provide beach families with regular weekly visual art and dance classes for children.Facebook Live classes are 30 minutes,and may be accessed even if a family is unable to tune in during the live broadcast as the classes are saved on A4L's Facebook page.Classes will be offered week days and will be curated by age so that each week there are classes for Kinder and 1"grade students,2"and 3"grade students,and 4 and 5"grade students.Any afterschool organization on the beach who resumes in-person programming and wants to offer arts programming for their students may also access A4L's Facebook Live streams for their participants. A4L will offer 24 live stream sessions by age range for a total 72 live stream offerings.In addition,A4L will offer 6 special live streams for preschool age children and their families. Page 473 of 1377 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C9O7FB Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2020-September 30,2021 Timeline for Services: Oct Zoom Courses Live Streams 2020 Nov Dec Jan Feb Mar Apr 2021 May Jun Jul Aug Sep Bud get: Service Type Age Served Total No.Unit Price Total $No.Students Zoom course 2nd/3rd grade 12 $1,500 $18,000 10 per course =120 slots Zoom course 4th/5th grade 12 $1,500 $18,000 10 per course =120slots Live Stream Session Preschool 6 $600 $3,600 Live Stream Session K/1st grade 24 $575 $13,800 Live Stream Session 2nd/3rd grade 24 $575 $13,800 Live Stream Session 4th/5th grade 24 $575 $13,800 Total $81,000 240 Zoom courses+unlimited live stream Page 474 of 1377 Docusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2021-September 30,2022 About Arts for Learning: Arts for Learning (A4L)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge,creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists, animators,designers,film makers,architects,and creative writers to provide afterschool programs,arts- based summer camps,studio programs,paid internships in the arts for high school students,in-school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators, children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than 50 preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. Proposed Scope of Work:Visual and Performing Arts Courses (serving up to 300 children) Arts for Learning will provide visual and performing arts courses (up to 643 individual sessions)in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School, Biscayne Beach Elementary School,Flamingo Park,North Shore Park,Scott Rakow Youth Center,and South Pointe Park.A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fa ll and spring culminating events for children to showcase their work and efforts to their families and the community.All high quality arts instruction sessions are delivered by a professional A4L teaching artist. Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: Afterschool programming serving elementary aged students Muss Park:72 sessions in the fa ll,112 sessions in the spring South Pointe ES:60 sessions in the fall,74 sessions in the spring Biscayne Beach ES:70 sessions in the fall,112,sessions in the spring Flamingo Park:59 sessions in the fall Toddler Time School Day programming serving preschool aged students North Shore Park:28 sessions in the spring Scott Rakow Youth Center:28 sessions in the spring South Point Park:28 sessions in the spring Timeline for Services:October 1,2021-May 30,2022 Price:$81,000 Page 475 of 1377 Docusign Envelope ID:CE981C 23-CC38-4 134-9BE4-E90CD4C907FB Arts for Learning/Miami,Inc. Scope of Services for City of Miami Beach October 1,2022-September 30,2023 A bo u t A rts fo r Lea rn in g: Arts for Learning (A4L)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge,creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists, animators,designers,film makers,architects,and creative writers to provide afterschool programs,arts- based summer camps,studio programs,paid internships in the arts for high school students,in-school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators, children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than SO preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. P ro p o sed Sco p e of W o rk:V isual and Perf o rm in g A rt s Co urses (serv in g up to 30 0 ch ildren ) Arts for Learning will provide visual and performing arts courses (up to 612 individual sessions)in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School, Biscayne Beach Elementary School,North Shore Park,Scott Rakow Youth Center,and South Pointe Park. A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fall and spring culminating events for children to showcase their work and efforts to their families and the community.All high quality arts instruction sessions are delivered by a professional A4L teaching artist.Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: A ft ersch o o l p ro g ram m in g serv ing ele m e n tary ag ed stud ents Muss Park:122 sessions in the fall,70 sessions in the spring South Pointe ES:60 sessions in the fall,84 sessions in the spring Biscayne Beach ES:70 sessions in the fall,122 sessions in the spring To d d le r T im e Sch o o l D ay program m in g se rv in g prescho o l aged stu d e n ts North Shore Park:14 sessions in the fall and 14 in the spring Scott Rakow Youth Center:14 sessions in the fall and 14 in the spring South Point Park:14 sessions in the fall and 14 in the spring Ti m e line fo r S e rv ice s:October 1,2022-May 30,2023 Pric e :$81,000 Page 476 of 1377 o cusign Envelope ID:CE981C23-CC38-4134-9BE4-E90CD4C907FB Art s fo r Learn in g/M iam i,Inc. Scope of Serv ices fo r City of M iam i Beach October 1,2023-September 30,2024 About Arts for Learning: Arts for Learning (A4L)'s mission is to advance teaching and learning through the arts.A4L seeks to make the arts a central component of every child's education.By instilling students with a passion for knowledge,creativity,and the arts,A4L helps children thrive.To achieve our mission,A4L works with teaching artists who are professional actors,dancers,choreographers,musicians,visual artists, animators,designers,film makers,architects,and creative writers to provide afterschool programs,arts- based summer camps,studio programs,paid internships in the arts for high school students,in-school artist residencies at preschools and schools,and teacher professional development.A4L has worked diligently for more than 20 years to build a compendium of arts care to serve children from infancy through high school.Our thoughtful and comprehensive portfolio of programs grew as a response to community needs.Today we still take a proactive approach in designing,developing,and refining programming to make sure we meet the needs of our community,partners,schools,educators, children,and families.With the tagline,"All Children.All Arts."A4L delivers programs at more than 50 preschools,schools,and out-of-school locations to give South Florida's children and youth the chance to create. Proposed Scope of Work:Visual and Performing Arts Courses (serving up to 300 children) Arts for Learning will provide visual and performing arts courses (up to 612 individual sessions)in collaboration with A4L's historic beach partners,the public schools located in Miami Beach as well as the afterschool parks programs.The partner sites include Muss Park,South Point Elementary School, Biscayne Beach Elementary School,North Shore Park,Scott Rakow Youth Center,and South Pointe Park. A4L will provide programming during the fall and spring semesters and serve students from preschool age through upper elementary.Afterschool programming includes fall and spring culminating events for children to showcase their work and efforts to their families and the community.All high quality arts instruction sessions are delivered by a professional A4L teaching artist.Sessions are 45-60 minutes in length.All program supplies are provided by A4L.The following is the proposed breakdown of sessions by location: Afterschool_programming serving elementary aged students Muss Park:122 sessions in the fall,70 sessions in the spring South Pointe ES:60 sessions in the fall,84 sessions in the spring Biscayne Beach ES:70 sessions in the fall,122 sessions in the spring Toddler Time School Day programming serving preschool aged students North Shore Park:14 sessions in the fall and 14 in the spring Scott Rakow Youth Center:14 sessions in the fall and 14 in the spring South Point Park:14 sessions in the fall and 14 in the spring Timeline for Services:October 1,2022 -May 30,2023 Price:$81,000 Page 477 of 1377 Docusign Envelope ID:CE981 C23-CC38-4134-9BE4-E90CD4C907FB MIAMI BEACH F 7 MS T.J3FF79e33EE5 S Z {S F Fs.srg i;Contract/DocumentRouting Form kir a±rt±&;e"g s;g a!sf{it.±ts:i Arts for Learning Miami in7I Professional Services Agreement for Arts Education Programs Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2-Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement (ICA)Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient x Type 5-Grant agreements with the City as the granter Type 7-Inter-governmental agency agreement Type 8-Other: On September 11,2024,the Mayor and City Commission passed Resolution 2024-33244 approving and authorizing the City Manager and City Clerk to execute a professional services agreements with Arts for Learning Miami for in-school and after school arts education programs at various City public schools,parks,and youth centers in an amount not exceed $81,000 with the agreement having a term commencing on February 7,2020 and ending on September 30,2024,to memorialize the continued services provided by the vendor and previous payments made by the City during this period. February 7,2020 -September 30,2024 N/A February 7,2020 -September 30,2024 gE[TIT.I7I2Z.77L7I7] Grant Funded:I I Yes I X No I I State I I Federal I I Other:I :EL.E7TEE.TI ET ET7TAITT27777 TT7177 EEC:7 TA!T ETI 1 $81,000 140-6080-000312-25-406-555-00-00-00-Yes X No 2 Yes No 3 Yes No ILLIG'EEEET City Commission Approved:I X I Yes I I No I Resolution No.:I CC Agenda Item No.:I CC Meeting Date:I 2024-33244 I C7T I September 11,2024 If no,explain why CC approval is not required: egal Form Approved:I I Yes I I No I If no,explain below why form approval is not necessary: [[}[ET[.la«s)cl -9.EGE9I Procurement:Grants: D ocuSigned by: Budget:l faoda.%o Sluw »Information Technology: Risk Management:Fleet &Facilities: Human Resources:Other: E