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Agreement with Phillip and Patricia Frost Museum of Science, Inc.Docusign Envelope ID:AC876461-1844-4773-88F5-B28027F33E57 Docusign Envelope ID:7785057C-9E6-4879-8709-751011AF79 AGREEMENT THIS AGREEMENT is made and entered into as of +,9/12/2024 I 91/4%P?MDT--·---Effective Date,which shall be the date this Agreement is fully executed),by and between CITY OF MIAMI BEACH,FLORIDA (Hereinafter referred to as CMB) a body corporate and political subdivision of the State of Florida, whose principal place of business is I700 Convention Center Drive.Miami Beach.FL 33139 And PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE,INC (Hereinafter referred to as FROST SCIENCE) a Florida not-for-profit corporation whose principal place of business is 1IOI Biscayne Boulevard,Miami.FL 33132 WHEREAS,Miami Beach Fienberg Fisher K-8 and Biscayne Beach Elementary School (the "CMB Program Schools")do not offer after-school science,technology,engineering. and math ("STEM)enrichment classes,while the remaining CMB public elementary schools currently offer after-school enrichment classes for their students;and WHEREAS,through this Agreement,in partnership with Frost Science,CMB seeks to combine its resources with FROST SCIENCE in order to increase the competitiveness of the CMB youth by establishing and supporting an after-school enrichment program at the CMB Program Schools pursuant to the terms and conditions set forth herein (the Program");and WHEREAS,this Agreement provides thc guidelines for CMB to financially support the Program for the 2024-2025 school year. NOW.THEREFORE,in consideration of the premises and of the mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows. ARTICLE 1 --RECITALS 1.01 Recitals.CMB and FROST SCIENCE (individually,a "party"and collectively. the "parties)agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. Docusign Envelope ID:AC876461-18A44-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011A4DF7B9 ARTICLE 2-DEFINITIONS 2@L FROST S_IE_E_Educator(s)As referred to herein,the FROST SCIENCE educator(s)shall be defined as a fulltime or part-time member of the staff of FROST SCIENCE. ARTICLE 3 SPECIAL CONDITIONS 3.01 Term of Agreement.The term of this Agreement shall be effective from October I.2024 through April 17,2025,unless terminated earlier pursuant to Section 3.02 below. Programming under this Agreement shall not commence until the City of Miami Beach and Miami-Dade County Schools execute an affiliation agreement for Afterschoo! Enrichment Program for the 2024-2025 academic school year.This Agreement may be renewed annually upon the mutual written consent of the two Parties to this Agreement, and subject to such terms and conditions as the Parties shall determine in writing. 3.02 Termination.This Agreement may be canceled with or without cause by either party during the term hereof upon thirty (30)days written notice to the other party of its desire to terminate this Agreement. 3.03 Joint Responsibilities.CMB and FROST SCIENCE shall maintain responsibility for implementing the various components of the Program,as delineated in this Agreement. A.For the Program,FROST SCIENCE serves as the lead"organization for afterschool STEM classes at the CMB Program Schools.As the lead organization.FROST SCIENCE is responsible for the following: 1.Requirements and Regulations:ensuring that the Program activities and supplies are in compliance with this Agreement. 2.Recruitment,Selection,and student mentorship:recruitment and selection of all Program staff and management of staff throughout the recruitmnent, selection,and onboarding process. 3.Program Content:Development,curation,and implementation of the Program content,including:curriculum and exposure opportunities (c.g.speakers, workshops,ete.).FROST SCIENCE will work in collaboration with CMB to jointly plan exposure opportunities and events,but FROST SCIENCE retains the right of final approval and confirmation of all Program class content and delivery.Prior to classes commencing,FROST SCIENCE will provide CMB with the syllabus for the Program classes. B.The Program classes to be provided in Fail 2024 and Spring 2025,in partnership with FROS I SCIENCE,include the following modules: 2 Docusign Envelope ID:AC876461-18A44-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011AF789 I.Playing with Physics:Accelerate an interest in physical sciences with thrilling lessons exploring gravity,magnetism,forces and energy.Students will start off with mechanic fundamentals in simple machines and then increase momentum by investigating the laws of motion and electricity before venturing into the application of physics to cosmology and astronomy. Activities include: •Assembling and testing a projectile launcher •Improving rollercoaster designs to understand motion •Analyzing the properties of light through diffraction •Simulating the gravitational pull of a black hole •Generating the flow of electricity by connecting circuits 2.Coral Reefs:ReeFLorida The National Coral Reef Conservancy (ReeFLorida)at Frost Science is an interdisciplinary marine science hub that provides unique opportunities for ongoing education and collaborative research,with the goal of conserving, restoring and enhancing Florida's Coral Reef.Students will dive into coral reefs and learn about their very own backyards from the experts.Through exploring ecosystems that are so close to home,students will dive into the underwater world and learn about marine life on the reef.why reefs are important,the threats they face and what we can do to help. 3.Fee:. 4.The fee shall be S15,514.40 (the "Fee")to develop and facilitate one (d)new module (Coral Reefs:ReeFL)and facilitate one (I)module developed in a previous year (Playing with Physics).The Program will be for up to 60 students per curriculum inclusive of both locations.Class size will be no more than 30 students per class.Total of 60 students each semester.The City shall pay 50%of the Fee in the amount of$7,757.20 within (45)days from the Effective Date of the Agreement and receipt of an invoice from FROST SCIENCE.The remainder of the Fee,in the amount of $7.757.20,upon completion of the Program.Pricing is listed for four curriculum modules conducted at two locations (one hour at each location per week)for two semesters (20 weeks).It is inclusive of all staff time, use of the curriculum.materials and mileage. AII Program classes shall be provided by FROST SCIENCE pursuant to the course parameters and schedules,set forth in Composite Attachment "A and Attachment "B". attached hereto and incorporated herein by reference. C.Teaching Staff:The responsibilities of FROST SCIENCE and CMB with respect to the FROST SCIENCE Educators will be as follows: Docusign Envelope ID:AC876461-18444773-8BF5-B28027F 33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF789 I.FROST SCIENCE will be responsible for the development and implementation of staff recruitment,training and placement.FROST SCIENCE full-time and part- time Educators are eligible to apply.FROST SCIENCE will hold conference calls with the Chief Education Officer at the end of each semester.Additional conference calls will be scheduled if needed by either parties. 2.Conference calls with the Chief Education Officer will be held at the end of each semester.Additional conference calls will be scheduled if needed by either parties. Chief Education Officer The Chief Education Officer.at the Chief Education Officer's sole discretion,may request that any FROS T SCIENCE Educator be rem oved from participating in the Program,upon written notice to FROST SCIENCE,effective as of the date provided in the written notice.If CMB requests that FROST SCIENCE replaces the removed FROST SCIENCE Educator,FROST SCIENCE agrees to secure a replacement FROST SCIENCE Educator for the Program.FROST SCIENCE educators will have access to emergency contact inform ation for the City of Miami Beach education staff and registered children,to be used in the case of an emergency. 3.FROST SCIENCE staff will escort pre-registered students from the designated after-care location to the applicahle space used for the Program.Upon completion of the one-hour Program,FROST SCIENCE staff will escort such students back to the designated after-care location.CMB shall be responsible for all students once FROST SCIENCE staff has escorted them to the designated after-care location. Parents shall be advised byCMB of the foregoing arrangements.FROST SCIENCE will not be responsible for releasing children to parents. D.Impact Evaluation:FROST SCIENCE will be responsible for the administration, analysis,and delivery of impact evaluation efforts including participant,teacher,and parent assessment.FROST SCIENCE will provide CMB with an impact report.Parent assessments will be conducted with the assistance of CMB for access to contact infor:nation and/or parent interaction opportunities. E.Under this Agreement,for the Program,CMB serves as "Host."As the Host,CMB agrees to: 1.Recruitment and Registration:CMB will support student recruitment efforts including mandatory support'outreach to relevant community and education partners;CMB will share additional opportunities for partner employees to engage in recruitment efforts as they become available.CMB will require online registration through RecWare.CMB will be responsible tor the enrollment of students.Students may not take more than one (d)class per semester,unless the class size is under-enrolled.then CMB may,at its sole discretion,perm it the same student to attend multiple classes. 4 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-9E6-4879-8709-751011ADF7B9 2.CMB requires that the Frost Science Educators go through the City's Level 2 screening and obtain contractor badges from MDCPS for classes onsite only (if applicable). 3.Space:CMB will execute a facility use agreement with Miami-Dade County Public Schools (MDCPS)for the use of the required space for the Program at the CMB Program Schools and provide a dedicated classroom space at each CMB Program School for a minimum of thirty (30)Program students and two (2)FROST SCIENCE Educators for the duration of the 20 week Program.Classroom space must be pre-approved by FROST SCIENCE and include windows,desk space,and chairs (either one large table or portable desks),a whiteboard,and internet access. In the event that courses need to pivot to Virtual,then Frost Science will provide all required virtual platforms and ensure connectivity throughout each class session. 4.Security:CMB will ensure security support and building access to Program students and FROST SCIENCE Educators involved in the Program if applicable for onsite classes,in line with MDCPS'policies and procedures.During the week prior to the Program start date,CMB will provide a security overview meeting to the FROST SCIENCE Educators,outlining onsite procedures in case of emergency. and during the first week of the Program,CMB will provide a security overview and procedures to the Program students and FROST SCIENCE Educators.If applicable,Trost Educators will follow MDCPS protocol for virtual learning to ensure safety of student participants in virtual classes. For onsite classes,FROST SCIENCE staff must pick up the Program students and take them to the class.Upon completion of the one-hour Program.FROST SCIENCE staff will escort such students back to the designated after-care location. CMB staff will remain with the Program students,at the designated location,until the authorized parent or guardian picks up the Program student.The Chief Education Officer may remove Program students from the Program if the authorized parent or guardian fails to promptly pick them up within 15 minutes of the conclusion of the class session. F.Equipment/Supplies:CMB will make arrangements with MDCPS,through the facility use agreement,for MDCPS to provide access to computer labs and classrooms as needed.MDCPS will provide computers/laptops with Wi-Fi and Bluetooth capabilities for thirty (30)Program students and two (2)FROST SCIENCE Educators, if applicable. G.Program Management Resources:CMB has appointed the Chief Education Officer as the main point of contact to serve as the internal Program manager for the Program at the CMB Program Schools from August 2024 June 2025. 5 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Gaus ieiee i.7i@so7€666 4.$565746;3 2A61D 3.04 Marketing.FROST SCIENCE and CMB will work collaboratively to market, transition,evaluate,and assess the results of the Program. 3.05 Notice.When any of the parties desire to give notice to the other,such notice must be in writing,sent by U.S.Mail,postage prepaid,addressed to the representatives designated below by each party (unless changed by written notice in compliance with the provisions of this paragraph): To CMB: With a copy to: With a copy to: To FROST SCIENCE: With a copy to: Eric Carpenter City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Dr.Leslie Rosenfeld Chief Education Officer City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Koren Illa Education Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Douglas A.Roberts,Ph.D. President &CEO Phillip and Patricia Frost Museum of Science,Inc. 110 l Biscayne Boulevard Miami,Florida 33132 Analisa Duran Knight Director of Science Education Phillip and Patricia Frost Museum of Science.Inc. 110 I Biscayne Boulevard Miami,Florida 33132 ARTICLE 4 -GENERAL CONDITIONS 4.01 Independent Contractor.The parties to this Agreement shall at all times be acting in the capacity of independent contractors and not as an officer,employee or agent of one another.Neither party nor its respective agents,employees,subcontractors or assignees shall represent to others that it has the authority to bind the other party unless specifically authorized in writing to do so. 6 Docusign Envelope ID:AC876461-1844-4773-8BF5-28027F33E57 Docusign Envelope ID:77B85057C-D9E6-4879-8709-751011ADF7B9 4.02 Default.The parties agree that,in the event that either party is in default of its obligations under this Agreement,the non-defaulting party shall provide to the defaulting party (30)days written notice to cure the default.However,in the event said default cannot be cured within said thirty (30)day period and the defaulting party is diligently attempting in good faith to cure same.the time period shall be reasonably extended to allow the defaulting party additional cure time.Upon the occurrence of a default that is not cured during the applicable cure period:this Agreement may be terminated by the non-defaulting party upon thirty (30)days'notice.This remedy is not intended to be exclusive of any other remedy,and each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise.o single or partial exercise by any party of any right.power,or remedy hereunder shall preclude any other or future exercise thereof. 4.03 Annual Appropriation.The performance and obligations of CMB under this Agreement shall be contingent upon an annual budgetary appropriation by CMB's governing body.If CMB does not allocate funds for the payment of services or products to be provided under this Agreement,this Agreement may be terminated by CMB at the end of the period for which funds have been allocated.CMB shall notify the other party at the earliest possible time before such termination.No penalty shall accrue to CMS in the event this provision is exercised,and CMB shall not be obligated or liable for any future payments due or any damages as a result of termination under this section. 4.04 Excess Funds.Any party receiving funds paid by CMB under this Agreement agrees to promptly notify CMB of any funds erroneously received from CMB upon the discovery of such erroneous payment or overpayment.Any such excess funds shall he refunded to CMB,as applicable,with interest calculated from the date of the erroneous payment or overpayment.Interest shall be calculated using the interest rate for judgments under Section 55.03,Florida Statutes,applicable at the time the erroneous payment or overpayment was made by CMB.This provision shall equally inure to FROST SCIENCE's benefit. 4.05 FROST SCIENCE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LA A.FROST SCIENCE shall comply with Florida Public Records law under Chapter 119,Florida Statutes.as may be amended from time to time. B.The tern "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 CMB. C.Pursuant to Section 119.0701 of the Florida Statutes,if FROST SCIENCE meets the definition of "Contractor"as defined in Section 119.0701(1)(a),the FROST SCIENCE shall: I.Keep and maintain public records required by CMB to perform the service: 7 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF789 2.Upon request from CMB 's custodian of public records,provide CMB 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 l 9,Florida Statutes or as otherwise provided by law; 3.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arc not disclosed.except as authorized by law,for the duration of the contract term and following completion of the Agreement if the FROST SCIENCE does not transfer the records to CMB; 4.Upon completion of the Agreement,transfer,at no cost to CMB,all public records in possession of the FROST SCIENCE or keep and maintain public records required by CMB to perform the service.If the FROST SCIENCE transfers all public records to CMB upon completion of the Agreement,the FROST SCIENCE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the FROST SCIENCE keeps anti maintains public records upon completion of the Agreement,the FROST SCIENCE shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to CMB,upon request from CMB's custodian of public records,in a format that is compatible with the information technology systems of CMB. D.REQUEST FOR RECORDS;NONCOMPLIANCE. l.A request to inspect or copy public records relating to CMB 's contract for services must be made directly to CMB.IR CMB does not possess the requested records,CMB shall immediately notify FROST SCIENCE of the request,and the FROST SCIENCE must provide the records to CMB or allow the records to be inspected or copied within a reasonable time. 2.FROST SCIENCE's failure to comply with CMB's request for records shall constitute a breach of this Agreement,and CMB,at its sole discretion,may. (l)unilaterally terminate the Agreement;(2)avail itself of the remedies set forth under the Agreement;and/or (3)avail itself of any available remedies at law or in equity. 3.FROST SCIENCE who fails to provide the public records lo CMB within a reasonable time may be subject to penalties under s.I19.l0. E.CIVIL ACTION. I.Ifacivil action is filed against FROST SCIENCE to compel production of public records relating to CMB's contract for services,the court shall assess and award against FR OST SCIENCE the reasonable costs of enforcement, including reasonable attorneys'fees,if: a.Ihe court determines that FROST SCIENCE unlawfully refused to comply with the public records request within a reasonable time;and b.At least 8 business days before filing the action,the plaintiff provided written notice of the public records request,including a statement that FROST SCIENCE has not complied with the request,to CMB and to FROST SCIENCE. 2.A notice complies with subparagraph (I)b)if it is sent to CMB's custodian of public records and to FROST SCIENCE at FROST SCIENCE's address 8 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-9E6-4879-8709-751011AF789 listed on its contract with CMB or to FROST SCIENCE '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. 3.If FROST SCIENCE complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. F.IF FROST SCIENCE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER II9,FLORIDA STATUTES,TO FROST SCIENCE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 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:RAFAELGRA NVADO@MIAMIBEACHFL.GOV PHONE:305-673-7411 4.06 Audit and Inspections. A.Upon reasonable verbal or written notice to FROST SCIENCE,and at any time during normal business hours (ie.9AM -5PM.Monday through Fridays,excluding nationally recognized holidays),and as often as the City Manager may,in hisher 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 CMB's behalf,to audit,examine,and/or inspect,any and all other documents and/or records relating to all matters covered by this Agreement.FROST SCIENCE shall maintain any and all such records at its place of business at the address set forth in the "Notices"section of this Agreement. B.Inspector General Audit Rights: I.Pursuant to Section 2-256 of the Code of the City of Miami Beach,CMB 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 CMB. The Office of the Inspector General is authorized to investigate CMB affairs and empowered to review past,present and proposed CMB 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 CMB projects and programs.Monitoring of an existing CMB 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 9 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F 33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF79 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 FROST SCIENCE,its officers,agents and employees,lobbyists,CMB 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,CMB is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3.Upon ten (10)days written notice to FROST SCIENCE.FROST SCIENCE 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 FROST SCIENCE its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4.The Inspector General shall have the right to inspect and copy all documents and records in FROST SCIENCE'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. 5.FROST SCIENCE 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 Agreement,for examination,audit,or reproduction,until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement.In addition: a.If this Agreement is completely or partially terminated,FROST SCIENCE shall make available records relating to the work terminated until three (3)years after any resulting final termination settlement;and b.FROST SCIENCE shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals,litigation,or claims are finally resolved. 6.The provisions in this section shall apply to FROST SCIENCE,its officers, agents,employees,subcontractors and suppliers.FROST SCIENCE shall incorporate the provisions in this section in all subcontracts and all other agreements executed by FROST SCIENCE in connection with the performance of this Agreement. 7.Nothing in this section shall impair any independent right of CMB to conduct audits or investigative activities.The provisions of this section arc neither intended IO Docusign Envelope ID:AC876461-18A4 -4 77 3-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011A4DF7B9 nor shall they be construed to impose any liability on CMB by FROST SCIENCE or third parties. C .E-Verify 1.FROST SCIENCE 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,FROST SCIENCE 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,FROST SCIENCE shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the US.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term.If FROST SCIENCE enters into a contract with an approved subcontractor,the subcontractor must provide FROST SCIENCE with an affidavit stating that the subcontractor does not employ,contract with.or subcontract with an unauthorized alien.FROST SCIENCE 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. 2.TERMINATION RIGHTS. a.If Client has a good faith belief that FROST SCIENCE has knowingly violated Section 448.09(1),Florida Statutes,Client shall terminate this Agreement with FROST SCIENCE for cause,and City shall thereafter have or owe no further obligation or liability to FROST SCIENCE. b.If Client has a good faith belief that a subcontractor has knowingly violated Section A but the FROST SCIENCE otherwise complied with such section,Client will promptly notify FROST SCIENCE and order the FROST SCIENCE to immediately terminate the agreement with the subcontractor.FROST SCI ENCE failure to terminate a subcontractor shall be an event of default under this Agreement,entitling Client to terminate the Agreement for cause. c.A contract terminated under the foregoing Subsections (2)(a)or (2)b)is not in breach of contract and may not be considered as such. d.Client or FROST SCIENCE or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsections (2)a)or (2b)no later than 20 calendar days after the date on which the contract was terminated. c.If Client terminates the Agreement with FROST SClENCE under the foregoing Subsection (2)a),FROST SCIENCE may not be awarded a public contract for at least I year after the date of termination of this Agreement. f.FROST SCIENCE is liable for any additional costs incurred by Client as a result of the termination of this Agreement under this section. 4.07 Student Records:Notwithstanding any provision to the contrary within this Agreement,FROST SCIENCE shall fully comply with the requirements of Section 1002.22,Florida Statutes,or any other state or federal law or regulation regarding the confidentiality of student information and records.FROST SCIENCE agrees,for itself,its officers,employees,agents,representatives,contractors or subcontractors,to fully I I Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF7B9 indemnify and hold harmless CMB and its officers and employees for any violation of this section,including,without limitation,defending CMB and its officers and employees against any complaint,administrative or judicial proceeding,payment of any penalty imposed upon CMB,or payment of any and all costs,damages,judgments or losses incurred by or imposed upon CMB arising out of a breach of this covenant by FROST SCIENCE,or an officer,employee,agent,representative.contractor,or sub-contractor of FROST SCIENCE to the extent that FROST SCIENCE or an officer,employee,agent, representative,contractor.or sub-contractor of FROST SCIENCE shall either intentionally or negligently violate the provisions of this section or of Section 1002.22,Florida Statutes. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. 4.08 Indemnification.FROST SCIENCE 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,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 FROST SCIENCE,its officers,employees.agents,contractors.or any other person or entity acting under FROST SCIENCE's control or supervision,in connection with.related to,or as a result of FROST SCIENCE's performance of the services pursuant to this Agreement To that extent,FROST SCIENCE 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 CMB in the defense of such claims and losses,including appeals.FROST SCIENCE expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by FROST SCIENCE shall in no way limit FROST SCIENCE's responsibility to indemnify,keep and save harmless and defend CMB or its officers.employees,agents and instrumentalities as herein provided. The parties agree that one percent (1%)of the total compensation to FROST SCIENCE for performance of the Services under this Agreement is the specific consideration from CMB to the FROST SCIENCE for FROST SCIENCE 's indemnity agreement.The provisions of this Section and this indemnification shall survive termination or expiration of this Agreement 4.08 Place of Performance.The Program services will take place in one of the CMB Program Schools. 4.09 Governing Law and Venue.This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida.Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of a State court of competent jurisdiction in Miami-Dade County,Florida. 4.10 Entirety of Agreement.This document incorporates and includes all prior negotiations.correspondence,conversations,agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments. 12 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF7B9 agreements or understandings concerning the subject matter of this Agreement that are not contained in this document.Accordingly,the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. 4.11 Preparation_of_Agreement.The parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort.The language agreed to herein express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 4.12 Amendments.No modification,amendment,or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each party hereto.The City Manager of the City of Miami Beach.Florida,on behalf of CMB.shall be authorized to execute any amendment or extension of this Agreement. 4.13 Survival.All representations and warranties made herein,regarding indemnification obligations,obligations to reimburse CMB,obligations to maintain and allow inspection and audit of records and property,obligations to maintain the confidentiality of records.reporting requirements.and obligations to return public funds shall survive the termination of this Agreement. 4.14 Authority.Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing,and to bind and obligate such party with respect to all provisions contained in this Agreement. 4.15NO DISCRIMINATION.In connection with the performance of the Services, FROST SCIENCE 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,FROST SCIENCE 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 ime,prohibiting discrimination in employment,housing,public accommodations,and public services on account 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. The Parties hereto have made and executed this Agreement on the date last signed below. 13 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF789 FOR THE CITY OF MIAMI BEACH: (Corporate Seal)CITY OF MIAMI BEACH,FLORIDA: ATTEST:1Ce alk'ii.si s.is fer Date:9/12/2024 I 9:48 PM EDT APPROVED AS TO FORM &LANGUAGE &FOR EXECUTIONZtui@tu-sis.ls 14 Jay Atorey or Date Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:775057C-D9E6-4879-8709-751011ADF7B9 FOR THE REPRESENTATIVES PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE,INC.: (Corporate Seal)THE REPRESENTATIVES OF PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE,INC. ~ OocuSigned by: By l)aKouts 26418E81192470Presidentand CEO Date:9/3/2024 I 10:16 AM PDT ATTEST- @Ci. t._::FEBFE99A•coF•oEDate:9/4/2024 I 12:07 PM EDT---- 15 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 ocus@ Evere Io:77s6sic5s 4iG-sis-i&Toi Fi3 AE51D Attachment A City of M iam i Beach Program Afterschool Enrichment Program for Biscayne Beach Elementary School students and Miami Beach Fienberg-Fisher K-8 students. Schools Biscayne Beach Elementary School 800 77 Street,Miami Beach (305)868-7727 Principal Karen Belusic Miami Beach Fienberg-Fisher K-8 1420 Washington Ave,Miami Beach (305)531-0419 Principal Mary Murphy FRO ST SCIE NCE Afterschool ·FROST SCIENCE Educators must attend an orientation session on the first Friday of each semester. ·FROST SCIENCE Educators will be matched to an afterschool session depending on their course schedules. Educators Illness or Em ergencv ·FROST SCIENCE Educators are expected to notify FROST SCIENCE,Chief Education Officer and corresponding school by I 0:00am on the day they will not be able to make it to class due to illness.In case of an emergency,instructors are also expected to call before the session.In both cases,the session will be hosted by a Frost Science alternate educator. FRO ST SCIE NCE PRIM ARY CONTACT Analisa Duran Knight Director of Science Education Phillip and Patricia Frost Museum of Science.Inc. 1101 Biscayne Boulevard,Miami,Florida 33132 aduran@frostscience.org Schedule The in-person program runs in the Fall from October I,2024 to December 12,2024,and Spring from February 4,2025 to April 17,2025.A background check of level II is required. Tuesdays 3:15 p.m.-4:15 p.m.(Miami Beach Fienberg Fisher K-8) Wednesdays 2:05 p.m.-3:05 p.m.(Biscayne Beach Elementary) Thursdays 3:15 p.m.-4:15 p.m. I6 Docusign Envelope ID:AC876461-18A44-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011 ADF7B9 Program Dates Fall 2024 Semester Dates (IO weeks) Week 1:October 1-2 No School October 3rd Week 2:October 8-10 Week 3:October 15-17 Week 4:October 22-24 Week 5:Oct.29-31 Week 6:November 6-7 No school November 5th Week 7:November 12-14 Week 8:November 19-2I No school November 25-29h Week 9:December 3-5 Week 10:December 10-12 Spring 2025 Semester Dates (10 weeks) Week l:February 4-6 Week 2:February 11-13 Week 3:February 18-20 Week 4:February 25-27 Week 5:March 4-6 Week 6:March 11-13 Week 7:March 18-20 No school March 24-28 Week 8:April 1-3 Week 9:April 8-10 Week l 0:April 15-17 17 Docusign Envelope ID:AC876461-1 BA4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B85057C-D9E6-4879-8709-751011ADF7B9 Attachment A 0 MIAMI-DADE COUNTY PUBLIC SCHOOLS 20 24 -2025 SC H O O L CA LEN D A R E L E M E N TARY A N D SEC O N D A R Y 6 5 6 7 12 13 14 19 20 21 26 27 28 M T w T F 1 2 5 6 7 8 9 12 13 14 15 16 22 23 24 25 19 20 21 22 23 28 29 30 27 28 29 30 I•~T ..t ..,.R"1)0<1 ~ c,ctt•O•y es.her Planning Ody g£End o!Grading Period 4trictwide Professional Learning Dey a/Holiday echar Pinning DOAy available to opt gal Holiday (12 monn) eess Osy(12 month]vet4bte to opt 23 24 25 26 27 30 OAYS IN GRADING PERIOD 1-45 2-46 3-43 4 46 180 Days Total F or information on employee opt days,please rofer to the back of calendar. 18 Docusign Envelope ID:77B5057C-O9E6-4879-8709-751011AOF7B9 %0/EC70 8\U0GET -CMS After School CMB Phillip and Patricia frost Museum of Siene,Inc. EXPENSES PRO NN Staff only-hourly rate/costper Staff only-#of hours budget Variance Explanation and/or Comments I I Education Programs Manager $65.00 40 $2,600.00 Time for creating curriculum and overseeing program Museum Ed $4 $6,000.00 /Time for hazalitamine I -·-O ucatorl •.·--····-....o Curriculum Development Specialist $0.00 30 $1,500.00 iTime for creating curriculum Director of Science Communication $12500 3 $375.00 Time for reviewing curriculum Asst.Director of Education $75.00 5 $375.00 Time for program management Subtotoi-Personnel ,$10,850.00 Fringe is included in hourly rate MATERIALS 8 SUPPLIES [or dasroom,children,teachers,families)I I Outreach materials I I I $1,000.00 MaterialsI 00"C0a:::,r3<D6"OD 5 D>o (JO J0A0' (JOL>AiJJo)do0Tnbt (JOotJTO)mnJ-=II)23r ::i....-Curriculum licensing Materials administration $900.00 $1,090.00/ Subtotal •Materials &Supplies $2,990.00 1ravel $Staff travel to outreach $0.66 i 400 $264.00 10miles R7 @.66 per mile /4)tips,20 per semester) Subtotol-Other Direct $264.00 INDIRECT EASE + Administrate /a 10) TOAL EXPENSE $1,410.40 10%of diet epenes id@ii€$ten6• $15,514.40 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF789 ---------- I RESOLUTION NO.2023-32686 RESOLUTION OF THE MAYOR ANO CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,RESCINDING RESOLUTIONS NO.2016-29660, 2018-30259,2019-31014,2020-31481,2021-31537,2022-32064,2022-32139, 2023-32632,RELATING TO THE CITY'S FREE AFTERSCHOOL ENRICHMENT PROGRAMS AT.MIAMI BEACH PUBLIC SCHOOLS AND CONSOLIDATING ALL OF THE CITY-FUNDED PROGRAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTION,SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL,AS SPECIFIED IN EXHIBIT A TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION;APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS,IN THE TOTAL AMOUNT OF $122,525.77 FOR FY24 AND EACH YEAR THEREATER;FURTHER,PROVIDING THAT IF ANY SCHOOL DOES NOT UTILIZE ITS ENTIRE ALLOCATION OF FUNDS FOR AN AFTERSCHOOL PROGRAM APPROVED BY THIS RESOLUTION,THE CITY MANAGER MAY AUTHORIZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL,UP TO THE TOTAL AMOUNT ALLOCATED FOR THAT SCHOOL;ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING,BY 5/7" VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT,IN ACCORDANCE WITH SECTION 2-367(E)OF THE CITY CODE,AS TO THE SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER THIS RESOLUTION,FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST;FURTHER,AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ALL APPLICABLE AGREEMENTS WITH SERVICE PROVIDERS SELECTED BY THE CITY MANAGER AND SCHOOL SITE PRINCIPAL;AND FURTHER AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ANNUAL AGREEMENTS WiTH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. WHEREAS,the City of Miami Beach through the Office of Education and Performance Initiatives provides free afterschool STEM (Science Technology Engineering Mathematics) enrichment at Miami Beach Fienberg Fisher K-8 and Miami Beach Biscayne Beach Elementary; and WHEREAS,on December 14,2016 Resolution No.2016-29660 was passed to support a partnership with Common Threads programming and an amount not to exceed $18,925.77;and'.... WHEREAS,on April 26,2017,the City Commission directed staff to survey members of the community with children in a Miami Beach public school to determine what educational enhancements were needed,and present findings to the Finance and Citywide Projects Committee;and WHEREAS,in May 2017,the City Administration developed and conducted an education enhancement survey to gather input on potential enhancements,and received 374 community responses;and Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F 33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF 7B9 W HE R EA S,on April 11,2018,the Mayor and City Commission adopted Resolution No. 2018-30259,approving recommendations made by the Finance and Citywide Projects Committee ("FCWPC")to implement educational enhancements and activities in the City's public schools for the 2018-2019 school year and subsequent school years including afterschool activities at Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K-8 Center,in an amount not to exceed $60,000;and W H E R E A S,since the April 11,2018 City Commission meeting,the afterschool enrichment program was expanded to Miami Beach Senior High School ("MBSHS"),without increasing the approved funding,in the amount of $60,000;and W H E R E A S,at the October 16,2019 the City Commission meeting,MBSHS Rock Ensemble program was added as an afterschool enrichment program in an amount not to exceed $10,000;and W H E R E A S,on October 16,2019 the City Mayor and Commission passed Resolution No. 2019-31014 to amend Resolution No.2018-30259 expanding the scope of afterschool activities currently funded by the City,in the annual amount of $60,000,to include Miami Beach Senior High school as a participating school. W HE R EA S;on November 18,2020 Resolution No.2020-31481 was passed to amend Resolution No.2019-31014 and Resolution No.2018-30259,in order to expand the scope of afterschool activities currently funded by the City,in the annual amount of $60,000,to include Speech and Debate at Miami Beach Senior High School,in an additional amount not to exceed $3,600.00 per year;and W H E R EA S;on January 13,2021,Resolution No.2021-31537 was passed to authorize the City to accept donations to support the City of Miami Beach afterschool Rock Ensemble enrichment program,to be utilized by the City of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach Senior High School,and appropriate said donations to the City's Education Compact Fund for use exclusively to support the City's Rock Ensemble afterschool enrichment program;and ••• W H E R E A S;on March 9,2023 Resolution No.2022-32064 was passed and adopted to provide funding for the Miami Beach Senior High School Rock Ensemble afterschool program, through a grant to Young Musicians Unite,Inc.for the 2021-22 school year,in an amount not to exceed $30,000;and authorized the City Manager and City Clerk to execute a grant agreementforthe2021-22 school year,retroactive to the beginning of the school year (August 23,2021 ); and further authorized funding for subsequent school years,in an amount not to exceed $30,000 per fiscal year,subject to funding approval during the City's annual budgetary process;and W HE R E A S;on May 4,2023 Resolution No.2022-32139 amend Resolution No.2021- 31537,which authorized the City to accept donations in support of the City of Miami Beach's afterschool enrichment Rock Ensemble program At Miami Beach Senior High School (the "Program");said amendment approving and authorizing Young Musicians Unite,Inc.to accept donations in support of the Program (in lieu of the City accepting such donations),provided that all donations made to the Program shall be dedicated for the exclusive use and benefit of the Program,per the terms of the agreement between the Young Musicians Unite,Inc.and the City; and'' 2 Docusign Envelope ID:AC876461-18A44-4773-8BF5-B28027F33E57 Docusign Envelope I:77B85057C-D9E6-4879-8709-751011ADF 79.. WHEREAS,on June 28,2023 the City Commission approved Resolution No.2023-32632, a grant in the total amount of $10,000 to the Winsome Bolt Art Program,as part of the Sunflower Society,to provide art education at Miami Beach Fienberg Fisher K-8 during the 2023-24 school year and allocated a $10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the City's budget process annually;and•...·, WHEREAS,the unique needs of each participating school make it challenging,if not impossible,for anyone other than the City's Chief Education Officer,in collaboration with each appropriate school site principal,to identify the appropriate service provider for each school;and......' .WHEREAS,each afterschool enrichment class is fundamental in encouraging critical thinking,sparking creativity,and setting the foundation for a career in growing fields and ensuring Miami Beach educational enrichment programming is accessible;and, WHEREAS,as student bodies change,so do the interests of those student bodies, making it challenging to guarantee the annual use of funds identified for specific programs at specific schools.'' 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 approve the rescinding Resolutions No.2016-29660,2018-30259,2019-31014, 2020-31481,2021-31537,2022-32064,2022-32139,2023-32632 relating to the City's free afterschool enrichment programs at Miami Beach public schools and consolidating all of the City- funded programs created by the above-referenced resolutions within this single authorizing resolution,subject to the funding allocations authorized for each school,as specified in Exhibit A to the Commission Memorandum accompanying this Resolution;approve funding for the above referenced after school programs,in the total amount of $122,525.77 for FY24 and each year thereafter;'further,provide that if any school does not utilize its entire allocation of funds for an afterschool program approved by this Resolution,the City Manager may authorize any unspent funds for that school to be used for another afterschool program at such school,up to the total amount allocated for that school;accept the recommendation of the City Manager and waive,by 5/7"vote,the formal competitive bidding requirement,in accordance with Section 2-367(e)of the City Code,as to the selection of all future afterschool service providers contemplated under this Resolution,finding such waiver to be in the City's best interest;further,authorize the City Clerk and City Manager to execute all applicable agreements with service providers selected by the City Manager and school site principal;and further authorize the City Clerk and City Manager to execute annual agreements with the service providers described in Exhibit A subject to an annual allocation of funds during the City's annual budget process. PASSED a_nd ADOPTED this J(,day of Ji,~-~2023. ·a/dt JUL,2 8 2023 Dan Gelber,Mayor 3 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION '±IeoCityAttorneyrDate Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF7B9 Resolutions-c7 ] MIAMI BEACH COMMISSION MEMORANDUM TO : FRO M : DATE: Hono ra ble Mayor and Mem bers of the City Commission Alina T.Hudak,City M ana ger July 26,2023 SUBJECT:A RESO LUTIO N O F THE MAYO R AND CITY CO M MISSIO N OF THE CITY O F MIAMI BEACH,FLO RIDA,RESCINDING RESO LUTIO NS NO .2016- 29660,2018-30259,2019-31014,2020-3148 1,2021-31537,2022-3 2064,2022- 32139,2023-32632,RELATING TO THE CITY'S FREE AFTERSCHO O L ENRIC HMENT PRO G RAMS AT M IAMI BEACH PUBLI C SCHO O LS AND CO NSO LI DATING ALL O F THE CITY-FUNDED PRO G RAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTION,SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL,AS SPECIFIED IN EXHIBIT A TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION;APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS,IN THE TOTAL AMOUNT OF $122,525.77 FOR FY 24 AND EACH YEAR THEREAFTER;FURTHER,PROV!DI NG THAT IF ANY SCHOOL DOES NOT UTILIZE ITS ENTIRE ALLOCATION OF FUNDS FOR AN AFTERSCHOOL PROGRAM APPROVED BY THIS RESOLUTION,THE CITY MANAGER MAY AUTHORIZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL,UP TO THE TOTAL AMOUNT ALLOCATED FOR THAT SCHOOL;ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING,BY 517TH VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT,IN ACCORDANCE WITH SECTION 2-367(E)OF THE CITY CODE,AS TO THE SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER THIS RESOLUTION,FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST;FURTHER.AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ALL APPLICABLE AGREEMENTS WITH SERVICE PROVIDERS SELECTED BY THE CITY MANAGER AND SCHOOL SITE PRINCIPAL;AND FURTHER AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ANNUAL AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. Page 466 of 1588 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-9E6-4879-8709-751011ADF79 RE COMMENDATION The Administration recommends that the Mayor and the City Commission authorize the City to execute annual agreements with service providers as described in Appendix A,subject to an annual allocation of funds during the City's annual budget process. BACKGROUND/HISTORY As part of an ongoing effort to enrich the lives of youth in the community,the City of Miami Beach has launched a free Miami Beach After-School Enrichment Program (ASEP)to three Miami Beach schools in hopes of improving student self-esteem,providing a positive environment for kids and inspiring children to build their natural curiosity through hands-on learning. The unique needs of each participating school make it challenging to preselect providers without ongoing collaboration between the City's Chief Education Officer and each appropriate school site principal annually.Each afterschool enrichment class is fundamental in encouraging critical thinking,sparking creativity,setting the foundation for a career in growing fields,and ensuring Miami Beach educational enrichment programming is accessible. In January 2008,the City of Miami Beach entered into an Education Compact with Miami- Dade County Public Schools to enhance learning opportunities for youth.The Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and currently addresses and supports the following priority areas:Teacher Recruitment/Retention;Communication;Parental Involvement/Family Support;Youth and Community Engagement;Health and Well-Being;Student Achievement;Safety;and Technology. On April 15,2015,the Mayor and the City Commission adopted Resolution No.2015-28997, which directed the Administration to expand the Compact to address the following areas: Ear1 y Leaming;Extracurricular/Choice Offerings;and Afterschool Programming. On December 14,2016,the Mayor and the City Commission adopted Resolution No.2016- 29660 to support a partnership with Common Threads programming in an amount not to exceed$18,925.77.Common Threads offers youth and families hands-on cooking programs and nutrition education. On April 11,2018,the Mayor and City Commission adopted Resolution No.2018-30259, approving recommendations made by the Finance and Citywide Projects Committee (" FCWPC")to implement educational enhancements and activities in the City's public schools for the 2018-2019 school year and subsequent school years including afterschool activities at Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K8 Center,in an amount not to exceed $60,000. On October 16,2019 the Mayor and Commission passed Resolution No.2019-31014 to amend Resolution No.2018-30259 expanding the scope of afterschool activities currently funded by the City,in the annual amount of $60,000,to include Miami Beach Senior High school as a participating school to support the Miami Beach Senior High School Rock Ensemble in an amount not to exceed $1 O ,000. On November 18,2020 Resolution No.2020-31481 was passed to amend Resolution No. Page 467 of 1588 Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF79 2019-31014 and Resolution No.2018-30259,in order to expand the scope of afterschool activities currently funded by the City,in the annual amount of $60,000,to include Speech and Debate at Miami Beach Senior High School,in an additional amount not to exceed $3,600.00 per year. On January 13,2021,Resolution No.2021-31537 was passed to authorize the City to accept donations to support the City of Miami Beach afterschool Rock Ensemble enrichment program,to be utilized by the City of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach Senior High School,and appropriate the said donations to the City's Education Compact Fund for use exclusively to support the City's Rock Ensemble afterschool enrichment program. On:March 9,2023 Resolution No.2022-32064 was passed and adopted to provide funding for the Miami Beach Senior High School Rock Ensemble afterschool program,through a grant to Young Musicians Unite,Inc.for the 2021-22 school year,in an amount not to exceed $30,000;and authorize the City Manager and City Clerk to execute a grant agreement for the 2021-22 school year,retroactive to the beginning of the school year (August 23,2021 );and further authorize funding for subsequent school years,in an amount not to exceed $30,000 per fiscal year,subject to funding approval during the City's annual budgetary process. At the June 28,2023,City Commission meeting the City Commission approved Resolution No.2023-32632,a grant in the total amount of $10,000 to the Winsome Bolt Art Program,as part of the Sunflower Society,to provide art education at Miami Beach Fienberg Fisher K-8 during the 2023-24 school year and allocate a $10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the City's budget process annually. ANALYSIS The Afterschool program continues to expand and provide enrichment to Miami Beach youth. By engaging students around the subjects of Science,Technology,Engineering,Art,and Math,the Afterschool program aims to spark an interest and life-long appreciation of the arts and sciences in children from an early age. As student bodies change,so do the interests of those student bodies,making it challenging to guarantee the annual Lise of funds identified for specific programs at specific schools. SUPPORTING S U RV EY DATA 49%of residents indicated satisfied or very satisfied with public schools in Miami Beach FINANCIAL INFORMATION Funding approved in prior resolutions.No new funding requested.See Appendix A. Applicable Area Not Applicable ls this a "Residents Right to Know"item,pursu ant to City Code Section 2-142 No Does this item utilize G.O. Bond Funds? No Page 468 of 1588 Docusign Envelope ID:AC876461-18A44-4773-8BF5-B28027F 33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF 7B9 Strategic Connection Prosperity -Be known for (K-12)educational excellence. Legislative Tracking Education and Performance Initiatives ATTACHMENTS: Description Cl Resolution o Appendix A-Afterschool Reso Tracker Chart Page 469 of 1588 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF7B9 EX HIBIT A Reso No.Tile Amount ($)Servi ce Prov ider 2016-29660 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,$18,925.77 Common Threads ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS +COMMITTEE TO SUPPORT A PARTNERSHIP WITH COMMON THREADS,A NATIONAL NON-PROFIT ORGANIZATION,WHICH TEACHES CHILDREN,FAMILIES,AND TEACHERS TO COOK FOR A HEAL THIER LIFE;APPROVING A PARTNERSHIP WITH COMMON THREADS;REFERRING THIS MATTER TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A [PARTNERSHIP WITH COMMON THREADS;AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS,AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED $18,925.77. 2018-30259 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,$60,000 Selected Annually for Biscayne ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMlffiE Beach Elementary and Miami TO IMPLEMENT THE FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC Beach Fienberg Fisher K-8 SCHOOS FOR THE 2018-2019 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS,SUBJECT TO APPROVAL OF A BUDGET-AMENDMENT FOR FY 2017-2018 AND FUNDING APPROVAL IN EACH SUBSEQUENT FISCAL YEAR DURING THE CITY'S BUDGETARY PROCESS:(I)AFTERSCHOOL ACTIVITIES AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER,IN AN AMOUNT NOT TO EXCEED $60,000;(II)READING TUTORS FOR STUDENTS WHO ATTEND SOUTH POINTE ELEMENTARY SCHOOL,NORTH BEACH ELEMENTARY SCHOOL,BISCAYNE ELEMENTARY SCHOOL,FIENBERG/FISHER K-8 CENTER,ANO NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT TO EXCEED $50,000;(111)MATH TUTORS FOR STUDENTS WHO ATTEND NAUTILUS MIDDLE SCHOOL AND MIAMI 8EACH SENIOR HIGH SCHOOL,IN AN AMOUNT NOT TO EXCEED $20,000; (IV)MENTAL HEALTH SERVICE EXPANSION AT SOUTH POINTE ELEMENTARY SCHOOL,NORTH 8EACH ELEMENTARY SCHOOL,BISCAYNE ELEMENTARY SCHOOL,FIENBERG/FISHER K-8 CENTER, AND NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT TO EXCEED $60,000;AND (VJ COLLEGE PREPARATION PROGRAM AND MATERIALS FOR 500 MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS,IN AN AMOUNT NOT TO EXCEED $12,500;FURTHER,AUTHORIZING THE CITY \MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE EDUCATIONAL ENHANCEMENTS;FURTHER,AUTHORIZING THE REDUCTION IN FUNDING,TO AN AMOUNT NOT TO EXCEED $35,000,OF THE VOLUNTARY PREKINDERGARDEN (VPK)PROGRAM FOR THE 2018-2019 SCHOOL YEAR;AND FURTHER AUTHORIZING THE CITY MANAGER TO MODIFY AND/OR TERMINATE THE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA FOR THE VPK PROGRAM,AS APPLICABLE. 2019-31014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI EACH,N/A Selected Annually FLORIDA,AMENDING RESOLUTION NO.2018-30259 EXPANDING THE SCOPE OF AFTERSCHOOL ACTIVITIES CURRENTLY FUNDED Y THE CITY,IN THE ANNUAL AMOUNT OF $60,000,TO INCLUDE MIAMI BEACH SENIOR HIGH SCHOOL AS A PARTICIPATING SCHOOL 2020-31481 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,$3,600 Selected Annually for Miami FLORIDA,AMENDING RESOLUTION NO.2019-31014 AND RESOLUTION NO.2018-30259,IN Beach Sr.High ORDER TO EXPAND THE SCOPE;OF AFTERSCHOOL ACTIVITIES CURRENTLY FUNDED BY THE CITY, IN THE ANNUAL AMOUNT OF $60,000,TO INCLUDE SPEECH AND DEBATE AT MIAMI BEACH SENIOR HIGH SCHOOL,IN AN ADDITIONAL AMOUNT NOT TO EXCEED $3,600 PER YEAR. 2021-31537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,N/A Submitted Annually by Young FLORIDA,APPROVING AND AUTHORIZING THE CITY TO ACCEPT DONATIONS TO SUPPORT THE Musicians Unite CITY OF MIAMI BEACH AFTERSCHOOL ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED BY THE CITY OF MIAM!BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL,AND APPROPRIATE THE SAID DONATIONS TO THE CITY'S EDUCATION COMPACT FUND FOR USE EXCLUSIVELY TO SUPPORT THE CITY'S ROCK ENSEMBLE AFTERSCHOOL ENRICHMENT PROGRAM. Docusign Envelope ID:AC876461-1844-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011 ADF789 EXHIBIT A Re so No.Title Am ount ($)Servi ce Provi der 2022-32064 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,$30,000 Young Musicians Unite,Inc. FLORIDA,ACCEPTING THE RECOMMENDATION OF THE FINANCEAND ECONOMIC RESILIENCY COMMITTEE TO PROVIDE FUNDING FOR THE MIAMI BEACH SENIOR HIGH SCHOOL ROCK ENSEMBLE AFTERSCHOOL PROGRAM,THROUGH A GRANT TO YOUNG MUSICIANS UNITE,INC FOR THE 2021-22 SCHOOL YEAR,IN AN AMOUNT NOT TO EXCEED $30,00 0;AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH YOUNG MUSICIANS UNITE,INC,RETROACTIVE TO THE BEGINNING OF THE 2021-2022 SCHOOL YEAR (AUGUST 23,2021);AND FURTHER AUTHORIZING FUNDING FOR SUBSEQUENT SCHOOL YEARS, IN AN AMOUNT NOT TO EXCEED $30,000 PER FISCAL YEAR,SUBJECT TO FUNDING APPROVAL {DURING THE CITY'S ANNUAL BUDGETARY PROCESS. 2022 -3213 9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,N/A Submitted Annually by Young FLORIDA,AMENDING RESOLUTION NO.2021-31537,WHICH AUTHORIZED THE CITY TO ACCEPT Musicians Unite,Inc DONATIONS IN SUPPORT OF THE CITY OF MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOO(THE "PROGRAM");SAID AMENDMENT APPROVING AND AUTHORIZING YOUNG MUSICIANS UNITE,INC.TO ACCEPT DONATIONS IN SUPPORT OF THE PROGRAM (IN LIEU OF THE CITY ACCEPTING SUCH DONATIONS),PROVIDED THAT ALL DONATIONS MADE TO THE ROGRAM SHALL BE DEDICATED FOR THE EXCLUSIVE USE ANO BENEFIT OF THE PROGRAM,PER THE TERMS OF THE AGREEMENT BETWEEN THE YOUNG MUSICIANS UNITE,INC.AND THE CITY. 2023-32632 A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI!BEACH,FLORIDA,$10,000 Selected Annually ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE,MADE AT ITS MAY 24,2023 MEETING,AND APPROVING A GRANT IN THE TOTAL AMOUNT OF $10,000 TO THE WINSOME BOLT ART PROGRAM,AS PART OF THE SUNFLOWER SOCIETY,TO PROVIDE ART EDUCATION AT MIAMI BEACH FIENBERG FISHER K-8 DURING THE 2023-24 SCHOOL YEAR;AUTHORIZING THE CITY CLERK AND CITY MANAGER .TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING;AND DIRECTING THE ADMINISTRATION TO ALLOCATE A $10,000 GRANT FOR ART EDUCATION PROGRAMMING AT MIAMI BEACH FIENBERG FISHER K-8 AS PART OF THE CITY'S BUDGET PROCESS ANNUALLY. Tota l Funds for Atterschool Pro gram ming:/$122,525.77] Docusign Envelope ID:AC876461-18A4 -477 3-8BF5-B28027F33E57 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 NONGOVERNMENTAL ENTITY HUMAN TRA FFICKING AFFIDAVIT Section 787.06(13),Florida Statutes I,the undersigned,am an officer or representative of [COMPANY NAME](the "Company")and attest that the Company does not use coercion for labor or services as defined in section 787.06, Florida Statutes.Under penalty of perjury,I hereby declare and affirm that the above stated facts are true and correct. [COMPANY NAME] ,..-,72- en.i.c£,e K.es Print Title:__oO sTATE or Florid4 COUNTY OF Blasi -le The foregoing instrument was sworn to and subscribed before me by means of.physical presence or Donline notarization,this 22"a4y of «4st_.2024,by 4&9 r4 Tors .as COO or[OMPANY NAME).aSo\.corporation,who is [personally known to me]or produced as id=incation.-------------- [AFFIX NOTARY SEAL] Notary Public Signature Print Notary Name.ks,Ch,hla My commission expires:_«.7,2026 Docusign Envelope ID:AC876461-18A4-4773-8BF5-B28027F33E57 Docusign Envelope ID:7785057C-D9E6-4879-8709-75101 1ADF7B9 M IA M I BEACH - t Contract/Document Routing Form. FROST Museum of Science l c:~FROST AFTERSCHOOL 2024-25 EDUCATION PERFORMANCE INIT. "!1E7"T T2:Fl n.Irr""".',le . DR.LESLIE ROSENFELD ~/)JASON GREEM E M,as Zr»».~ 194824C4930744F )4go+a ""l»w 'o El 'I d ,I[.0 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 Type 7-Inter-governmental agency agreement Type S-Grant agreements with the City as the granter X Other: This agreement allows FROST Museum of Science to provide free STEM afterschool programming to students at Biscayne Beach Elementary and Fienberg-Fisher K8 for the 2024-25 school year.Afterschool programming for 2024-25 will also be provided by Moonlighters Inc.,Florida International University,and Young Musicians Unite.In 2008,the City of Miami Beach entered into an Education Compact with Miami-Dade County Public Schools to enhance learning opportunities for youth. Res0 2018-30259 approved afterschool activities at these schools including subsequent school years in an amount not to exceed $60,000.In July of 2023 the Mayor and Commission signed Reso 2023-32686 which consolidated all Afterschool Enrichment Resolutions,approving funding for $122,525.77 for Fiscal Year 2024 and each year thereafter with the authorization of the City Manager and City Clerk to execute any and all required agreements to implement the educational enhancements. @,_IL October 1,2024-June 5,2025 Grant Funded:Yes I7Hy EH77I% 1 $15,514.40 Other: -.LEI.IL.J 1.For contracts longer than five years,contact the Procurement Department.porting explanation needed. 3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating budget. "E"LTE 2 [City Commission Approved:I I Yes I I No I Resolution No.:I CC Agenda Item No.:I CC Meeting Date: ]2023-32686 [c7 [7/26/2023 If no,explain why CC approval is not required: egal Form Approved:I X I Yes I I No I If no,explain below why form approval is not necessary: Procurement:NA Grants:NA Budget:Tameka Otto- Stewart Risk Management:Marc Chevalier Human Resources: Information Technology: Fleet &Facilities: Other: NA NA NA Docusign Envelope ID:AC876461-1844-4773-8BF5-3@2/g@?50424 RESO NO.2023-32686 -------------------------------------------~--------- Custom er Contact City Of Miami Beach Phone:(305)673-7405 Koren Illa Phone:305.673.7000 ext.26975 1700 Convention Center Em ail:payables@miamibeachfl.gov Drive Korenllla@miamibeachfl.gov Miami Beach,FL3313 9 Organization Date of program City Of Miami Beach 2024-2025 Order ID:2525177 Opened:1/16/2025 11:19:20 PO #(if applicable):20250424 -00 ------------------ Order Details Codea Description City of Miam i Beach Afterschool 2024-2025 Quantity Unit Price Total Order Total $7,757.20 Payments Received $0.00 Remainder due $7,757.20 @ A purchase order has been received on 1/16/25 fo r $15,514.40.A total balance of $7,757.20 is due.Thank you~ choosing Frost Science! Form s of payment: Acceptable forms of payment are check,money order,Purchase Orders (MDCPS ONLY),or credit card (Visa,American Express,MasterCard and Discover). To pay with a credit card please request a credit card authorization. Please make checks or money orders payable to the Phillip and Patricia Frost Museum of Science,Inc.and mail to: Phillip and Patricia Frost Museum of Science Attention:Finance Department (Please make sure your invoice number is visible) 1101 Biscayne Blvd. Miami,Fl.33132 D ocusign Envelope ID :AC 876461-18A44-4 773-8BF5-B28027F33E57 MIAMI BEACH Purchase Order Bill To 999999 C ity of M iam i Beach Fina nce -A ccounts Payable 17 00 C onvention C enter Drive M iam i Beach FL,33139 P ho ne :305-673-7405 H O U R S M onday -Friday 8:30 a.m .-5.00 p.m . payables@ m iam ibeachfl.gov Fiscal Year 2025 Purchase O rder # Page:1 of 1 20250424 -00 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Delivery must be made within doors of specified destination. Vendor 15 4 1 M U S E U M O F SC IE N C E IN C FR O S T SC IE N C E 110 1 B IS C A Y N E BLV D MIAMI,FL 33132 P ho ne :305-434-9564 E m a il:IN V O IC ES@ F R O STSC IEN C E.O R G Ship To 033200 ED U C A TION AND PERFORMANC E INIT 1700 CO NV ENTIO N CENTER DRIVE 1S T FLOO R MIAMI BEACH,FL 33139 Em ail:LESLI EROSENFELD@ MIAMIBEACHFL.GOV Phone:305-673-7020 DEPARTMENT/LOCATION CONTRACT#REQUESTED BY ED U C A TIO N &PER F O R M A N C E IN IT ORIGINAL DATE ORDERED FREIGHT METHOD/TERMS REQUISITION NUMBER 10/14/2024 C M B FR O ST A FTER SC H O O L 2024.2 5 ED U C ATIO N A L/T R A IN IN G SE R V IC ES C M B FR O ST AFT ER SC H O O L 2024.25 177 -6881-000343-12-400-592-00 -00-00- 177 -6881-000343-12-400-592-00-00-00- FO B Destination NOTES $15,514.4 0 $15,514.4 0 1.0 EA CH 250701 I $15,514.40 $15,514.40 This purchase order is issued by the requesting department in accordance by the delegated authority established pursuant to Procedure P.O.16.02 Total Ext.Price $15,514.40 Intern al Copy Purchase Order Total $15,514.40