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Agreement between CMB and Wendy Mok Schneider INDEPENDENT CONTRACTOR AGREEMENT This Agreement is entered into on this day of ,20 9-0 between Wendy Mok Schneider("Contractor"),and the City of Miami Beac , Florida(the"City"),fora period of Ten Weeks,with an effective starting date of May 27th,2020,and an end date of July 31st,2020 (the "Term"). 1. Description of Services. This Agreement is for the purpose of providing services for the City's Success University Program. In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide functional tutoring services for up to twenty (20) children, as further described in the "Description of Services" attached as Exhibit"A" hereto (the "Services"). Contractor agrees to be bound by and shall fully comply with the terms of the Agreement between the City and The Children's Trust,for tutoring services,for Contract Year 2019- 2020, which Agreement is attached hereto as Exhibit "C" (the "Children's Trust Grant Agreement"). The scope of work to be performed by Contractor is further detailed in Exhibit "A," entitled "Scope of Services." The Contractor shall report to the Success University Program Coordinator and the Division Director of the City of Miami Beach Office of Housing and Community Services. Although Contractor may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Contractor; where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed(including how many days a week the services are performed); how the Services are performed; or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be in accordance with the terms and conditions set forth in Exhibit"A" hereto, and performed to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Contractor should contact the following person: Jessica Marcia, Program Coordinator Success University Program Office of Housing and Community Services 305-673-7000 ext. 26867 2. Fee. In consideration of the Services to be provided pursuant to this Agreement, the City agrees to pay Contractor a fee, not to exceed the amount of Thirteen Thousand Five Hundred Dollars ($13,500), which shall be paid as described in Exhibit"B" hereto. The Contractor shall issue invoices to the City pursuant to the mutual agreement of the parties and pursuant to the Fee Schedule set forth in Exhibit"B" hereto upon receipt of an acceptable and approved invoice.The City shall remit payment to the Contractor within 45 days of receiving an invoice from the Contractor for that portion (or those portions) of the Services satisfactorily rendered (and referred to in the particular invoice). 1 3. Termination. This Agreement may be terminated by either party,with or without cause,by giving written notice to the other party of such termination, which shall become effective upon fourteen (14) days following receipt by the other party of the written termination notice. Notwithstanding the foregoing, in the event of a public health, welfare or safety concern, as determined by the City Manager, in the City Manager's sole discretion,the City Manager,pursuant to a verbal or written notification to Contractor, may immediately suspend the Services under this Agreement for a time certain, or in the alternative, terminate this Agreement on a given date. In the event of termination pursuant to this paragraph,the Contractor shall be paid a sum equal to all payments due to him/her up to the date of termination; provided Contractor is continuing to satisfactorily perform all Services up to the date of termination. Thereafter,the City shall be fully discharged from any further liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 4. I ndem n ificationlHold Harmless. Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and its officers, employees and agents,from and against any and all actions, claims, liabilities, losses and expenses including,but not limited to,attorney's fees,for personal economic or bodily injury, wrongful death, loss of or damage to property,at law or in equity,which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of Contractor, and/or any and all subcontractors,employees,agents,or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the services pursuant to this Agreement. Contractor shall pay all such claims and losses and shall pay all costs and judgments,which may arise from any lawsuit arising from such claims and losses,and shall pay all costs and attorney's fees expended by the City in defense of such claims and losses, including appeals. The parties agree that one percent(1%)of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to Contractor for the Contractor's agreement to indemnify and hold the City harmless, as provided herein. Contractor and the City hereby agree and acknowledge that this indemnity provision is intended to and shall survive the termination (or earlier expiration) of this Agreement. 5. Limitation of Liability. The City desires to enter into this Agreement only if in so doing the City can place a limit on 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 the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Contractor hereby expresses his/her willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount equal to the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in the amount in excess of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach,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. 2 Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 6. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested,postage prepaid,or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: CONTRACTOR: Wendy Mok Schneider 7111 Rue Bordeaux Miami Beach, FL, 33141 (305) 318-6894 CITY: Maria Ruiz City of Miami Beach Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, FL 33139 (305)673-7491 Notice shall be deemed given on the date of an acknowledged receipt,and,in all other cases,on the date of receipt or refusal. 7. Venue. This Agreement shall be governed by,and construed in accordance with,the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR 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. 8. Duty of Care/Compliance with Applicable Laws/Conflict of Interest. 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 services. In its performance of the 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. Without limiting the foregoing, Contractor 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 3 time;and by the City of Miami Beach Charter and Code,as may be amended from time to time, both of which are incorporated herein by referenced, as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of Services under this Agreement, no person having any such interest shall knowingly be employed by the Contractor. Notwithstanding the foregoing, Contractor shall be able to provide similar services to other third parties as long as they do not conflict with the Services to be provided hereunder. 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 therefrom. 9. No Discrimination. In connection with the performance of the Services, the Contractor 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, Contractor shall comply with City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation,gender identity,familial and marital status,age,ancestry,height,weight,domestic partner status, labor organization membership,familial situation,political affiliation,or disability. 10. Florida Public Records Law. (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term"public records"shall have the meaning set forth in Section 119.011(12),which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings,data processing software,or other material, regardless of the physical form, characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt 4 from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (C) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records,the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of the Agreement,and the City,at its sole discretion, may: (1) 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) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (D) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement,including reasonable attorney's fees, if: (a) The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and (b) At least eight(8)business days before filing the action,the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor'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) A Contractor who complies with a public records request within eight(8)business days after the notice is sent is not liable for the reasonable costs of enforcement. (E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 5 E-MAIL: RAFAELGRANADOAMIAMIBEACHFL.GOV PHONE: 305-673-7411 11. Ownership of Documents/Patents and Copyrights. Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to the Services described herein shall be deemed to be a"work made for hire",and are intended or represented for ownership by the City. Any re-use distribution, or dissemination of same by Contractor, other than to the City, shall first be approved in writing by the City Manager, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. Any patentable and/or copyrightable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, are hereby assigned to the City, in perpetuity, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for patent or copyright by or on behalf of the Contractor(or its employees or sub-contractors, (if any)without the prior written consent of the City Manager, which consent, if given at all, shall be at the Manager's sole and absolute discretion. 12. Liability for Rent, Supplies, Equipment, Etc. Contractor shall provide all funds necessary to pay all debts, disbursements, and expenses incurred in connection with its performance of the Services hereunder,and shall not be entitled to any reimbursement from the City unless otherwise agreed to by the City. It will also provide all supplies and equipment necessary to provide such Services. If Contractor uses any of the City's facilities,supplies,or equipment to furnish the Services hereunder, Contractor shall pay the City (or such amount shall be deducted from the Fee set forth in Section 2) an amount as mutually agreed by the parties. 13. Liability for Sub-contractors. Contractor shall be liable for its Services, responsibilities and liabilities under this Agreement and the costs, services, responsibilities and liabilities of any sub-contractors (if any), and any other person or entity acting under the direction or control of Contractor(if any). In this regard, Contractor must furnish the City with all information relating to the sub-contractors which is requested by the City. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors(if any)and/or any other person or entity acting under the direction or control of Contractor(if any).All sub-contractors (if any) must be disclosed in writing to the City prior to their engagement by Contractor. 14. Independent Contractor/No Joint Venture. THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,AND NOT AN AGENT OR EMPLOYEE OF THE CITY,AND SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF THE CITY, OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER, THE CONTRACTOR SHALL NOT BE 6 DEEMED ENTITLED TO FLORIDA WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION OF SICK OR ANNUAL LEAVE. The Contractor shall be the sole party responsible for any and all employment taxes, unemployment compensation taxes or insurance,social security taxes,or other taxes,insurance payments,or otherwise whether levied by any country or any political subdivision thereof. The Contractor shall not, in any way, be considered to be, or be deemed to be, an employee of the City through the Services performed in this Agreement (e.g., including, but not limited to, for purposes of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state revenue and taxation code relating to income tax withholding at the source of income, the Workers' Compensation Insurance Code and other benefit payments and third party liability claims),and the Contractor shall indemnify and hold the City harmless from all costs, loss, damages or expenses(including but not limited to taxes,accounting fees,court costs,and attorney's fees at all levels of litigation)in the event of any determination to the contrary by any court of competent jurisdiction or governmental authority. The Contractor recognizes and understands that it will receive an Internal Revenue Service Form 1099 statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and state law. The Contractor hereby promises and agrees to indemnify the City for any damages or expenses, including attorney's fees,and legal expenses, incurred by the City as a result of the Contractor's failure to make such required payments. Except as otherwise expressly provided in the Agreement,the Contractor shall in no way hold itself out as an employee,dependent agent, or other servant of the City, its employees or other agents,or as other than a free agent with respect to the City.The Contractor is not granted,shall not have, and acknowledges the absence of any right or authority to assume or create any obligations or responsibility, express or implied, on behalf of or in the name of the City or to bind the latter in any matter or thing whatsoever. 15. Purchase Order Requirement. This Agreement shall not be effective until executed by the parties hereto and until the City has issued a Purchase Order for this Agreement 16. Force Majeure. Contractor shall not be held responsible for losses, delays, failure to perform or excess costs caused by events beyond the control of the Contractor. Such events may include, but are not restricted to the following: Acts of God; fire, epidemics, earthquake, flood or other natural disaster; acts of the government; riots, strikes,war or civil disorder; unavailability of fuel. 17. Assignment. Contractor shall not assign all or any portion of this Agreement without the prior written consent of the City Manager, and it is agreed that said consent must be sought in writing by Contractor not less than sixty (60) days prior to the date of any proposed assignment. 18. Audit and Inspection Records. Contractor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to performance under this Agreement until the expiration of three years after final payment under this Agreement. 7 Contractor further agrees to include in all his/her subcontracts hereunder a provision to the effect that the sub-contractor agrees that the City or any of their duly authorized representatives shall, until the expiration of three years after final payment to the sub-contractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub- contractor, involving transactions related to the sub-contractor. 19. 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, 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. 8 (E) The Contractor 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: If this Agreement is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor 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. (F) The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 20. Waiver of Breach. A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 21. Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to be effective unless City elects to terminate this Agreement. 22. Joint Preparation. The parties hereto acknowledge that they have sought and received 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 a joint effort of the parties, the language has been agreed to by parties to 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. 23. Mutual cooperation. Contractor recognizes that the performance of this Agreement is essential to the provision of vital public services and the accomplishment of the stated goals and mission of the City. Therefore,the Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with the City and shall actively foster a public image of mutual benefit to both 9 parties. The Contractor shall not make any statements or take any actions detrimental to this effort. 24. Entire Agreement. This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for incorporation' herein) embody the entire agreement and understanding between the parties hereto,and there are no other agreements and understandings, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 10 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized,this date and year first above written. FOR CITY: CITY•F MIA/BEACH, FLORIDA ATTEST: 21 j'' ik By: III�VE� City Clerk ...41.—City anagen 41%.k.t3.1 �a,, Date: 11.iv/ �j ZoLc� • ___;:-.„-;\. 65,,,.c , 1..x,40 � �' t.INC040RhiED.`• s 1.FOR CONTRACTOR: ',,2f.. ,,� :;INDY MOK SCHNEIDER -9 nth..:;k__ WITNESS: H Si• .ature 5-cam.-- Aq„, weN p1 mQ c sci-f4,19pv Print Name Print Name Date: -? —?a£O_ r/ Approved: Ap G-A,as t• rcrnu&tion language ,�&f• execu r' I ' / Depa _Dire -•r �— • Attorney ' 1-- Dat- APPROV. .1” .>.. , .:' 6yAyan Da.i .Ea,al9'46Pm'""49;'24 6 143-0320-000312-23-405-542-00-00-00-53019 Office • Azet a • '-rformance Improvement Alit Hurn-n - •-11 *n� F:ATTO/TORGIAgreementsilndependent Contractor Agreementlndependent Contractor Agreement 2017 modified 12-19-2017 11 Exhibit A Description of Services All Services related to this Agreement being provided to minor children or youth must be administered in the presence of the minor's parent or legal guardian.Alternatively,the Services may be provided in a safe, public space(e.g.the minor's school), but only if approved in writing by the parent or legal guardian and the City. Contractor staff must contact all clients referred to receive Services related to this Agreement within two (2) business days. Contractor staff must advise the City of the status of all referrals for Services related to this Agreement within five (5) business days. Contractor staff must contact client within 48 hours of referral and inform the City if clients are unresponsive no later than eight(8) days after referrals are made. Contractor staff must advise the City of any challenges to service delivery, including but not limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling challenges, immediately. The Contractor agrees to provide the following services to youth enrolled in the City of Miami Beach Success University program: Service I Units of Documentation of Service I Service Tutoring 20 1. Attendance form signed by all attendees. Each Assessment session must take place on a different date. 2. Notification email, to be sent from Contractor to City ' staff within three (3) days of service delivery. Tutoring 280 1. Attendance form signed by all attendees. Each Session session must take place on a different date. 2. Notification email, to be sent from Contractor to City staff within three (3) days of service delivery. Related Definitions: Tutoring Assessment— The Tutoring Assessment is completed by the Contractor's staff in accordance with their policies and procedures. The purpose of the Tutoring Assessment is to evaluate the current academic skills and understand the academic deficits of the client. The Tutoring Assessment is documented by the full and accurate completion of the Attendance Form including signature of the identified client(s)receiving the service and tutor providing the service. Tutoring Session—The Tutoring Session is completed by the Contractor's staff in accordance with their policies and procedures. One (1) adult family member, preferably the parent or legal guardian, must participate when services are provided to children aged eleven(11)years or less. Sessions are scheduled to the family's convenience and are offered in the client home or in certain cases,through virtual platforms. Children and/or their parents are taught effective study skills and learning strategies. Children who receive a referral from school personnel or who are not passing one or more of their classes are eligible for tutoring. The eligibility of other prospective clients will be reviewed on a case-by-case basis and approved at the sole discretion of the City. Contractor staff must provide the City with feedback on the child's academic progress 12 following the completion of the final session. The Tutoring Session is documented by the full and accurate completion of the Attendance Form including signature of the identified client(s) receiving the service and the tutor providing the service and is,at minimum,60 minutes in length. Should the Contractor encounter challenges in meeting the below stated service deliverables within the required timeframes, the Contractor may request an extension. The approval below and duration of all extensions are at the sole discretion of the City.if the Contractor is unable to satisfy deliverables within the required timeframes, the City reserves the right to conduct said services or assign said services to an alternate vendor at its sole discretion. Services must be provided in accordance with the timeline below timeline and in response to client needs. If the Contractor is found to be providing services primarily during the second half of any calendar month, the City reserves the right to request documentation to explain the delay in service provision. Service Deliverables Services must be delivered as follows: Service I Unit of Service Service Timeframe Location Tutoring i 1 for each of up f Client ! All eligible Tutoring Assessments will Assessment to 20 HomeNirtual be completed within fifteen (15) days children/families : of referral receipt. Contractor must make initial contact with the client within 72 hours of referral and must report the results of the contact initiation to the City. Should the Contractor encounter challenges in meeting the service deliverables within the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of the CitY_. Tutoring Session : 14 sessions for Client All eligible tutoring sessions will be each of up to 20 I HomeNirtual ; completed within ninety (90)days of children/families Tutoring Assessment. Should the for a total of 280 Contractor encounter challenges in unique Tutoring i meeting the service deliverables within Sessions ; the required timeframes, the Contractor may request an extension. The approval and duration of all extensions are at the sole discretion of ' _ L the City, Service Documentation Services will be deemed as provided when the following documentation is provided within the noted timeframes: 13 Service Documentation Submission Deadline Tutoring • Attendance Form, clearly delineating ; Documentation must be Assessment identified client ' submitted weekly for all services provided in the previous week. Weekly document submissions must include status updates on any clients presenting difficulties with scheduling or service provision. Tutoring • Attendance Form, clearly delineating ! Documentation must be Session identified client ' submitted weekly for all services provided in the previous week. Weekly document submissions must include status updates on any clients presenting difficulties with scheduling or service _ J provision. Penalties for Failure to Perform • If the Contractor fails, on two occasions, to submit required, accurate documentation in the timeframe allotted, including the absence of notification email,the Contractor will forfeit two(2%) percent of the combined billed total for the months in which inaccuracies took place. Documents submitted within the required timeframe and found to be insufficient are subject to penalties for failure to perform. If the Contractor fails, on three occasions, to submit required, accurate documentation in the timeframe allotted within the contract Term, the Contractor is subject to the termination of any further service referrals, but Contractor will be allowed to complete the service units allotted to existing clients. The decision to cease additional referrals to contractor rests in the sole discretion of the City. "Required, accurate documentation" may refer to: • Monthly invoices • Monthly narratives • Monthly client lists • Monthly in-kind hours, Contributions, and/or Leverage • Client Assessments • Service documentation of any kind, including sign-in sheets • Notification Emails • Any document required by this Agreement If any individual employed by or independently contracted with the Contractor fails,on more than one occasion, to attend a scheduled client meeting without notifying the City of an impending absence,the City reserves the right to remove that individual from the Contractor's staff roster for the purposes of this Contract. If the Contractor is unable to fulfill the contracted service level within the allocated timeframe for each service component,the City reserves the right to reduce service levels accordingly across the funded service spectrum and terminate this Agreement at its discretion. 14 If the Contractor is unable to fulfill the contracted service level and the City subsequently reduces service and funding levels,the City reserves the right to select another vendor to fulfill the remaining service units. The City will select the alternate vendor at its sole discretion. Engagement Strategies The Contractor will adhere to the following engagement strategies in the delivery of Care Coordination services: • Provide client and his/her parents and/or guardians information regarding the importance of adhering to school attendance policies, if applicable. • Provide client and his/her parents and/or guardians information regarding the Care Coordination process and all other available services. • Document every interaction with or on behalf client. Employee/Contractor File Review The following documentation must be included in the employee/contractor file for all employees/contractors providing services under this Agreement. The following must be included in the employee files: • Employment Application • Evidence of degree/credentials • Job Description Signed by Employee • Evidence of Required Experience • Florida Background Criminal Screening • National FBI Background Criminal Screening (Level 2) • Affidavit of Good Moral Character • Proof of Knowledge of Policies& Procedures • Confidentiality Agreement Re: Client Information • Authorized time sheets,records,and attendance sheets to document the staff time billed to provide Services pursuant to this Agreement • Daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement • Documentation of Contractor Training/In-Service Training • Documentation of City-provided trainings • Documentation of attendance at one CCDH training • 1-9 Verification on File Monitoring visits may take place within thirty (30) days of the commencement of services. The City will notify the Contractor a minimum of two (2) business days' notice prior to a monitoring visit. The City reserves the right to inspect employee/contractor files with due notice (at least forty- eight(48)hours in advance of planned site visit)to ensure adherence to contractual expectations as well as to ensure pre-screening prior to a monitoring visit by The Children's Trust. Reporting Requirements Each month, the Contractor will provide the City with a monthly progress report, client list, and reimbursement request utilizing the City's Reporting and Reimbursement Forms(Exhibit B)by 5:00 PM on the fifth (5th) of the following month. The client list detailing the dates, services 15 provided, and clients receiving said services must be included. If in-kind hours are submitted, back-up documentation stating same must be included. In the event that the third of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Reports are due to the City on the following dates: • Thursday, September 5, 2019 • Monday, October 7, 2019 • Tuesday, November 5, 2019 • Thursday, December 5, 2019 • Monday, January 6, 2020 • Wednesday, February 5, 2020 • Thursday, March 5, 2020 • Monday, April 6, 2020 • Tuesday, May 6, 2020 • Friday, June 5, 2020 • Monday, July 6, 2020 • Wednesday, August 5, 2020 16 Monthly reports and reimbursement requests may be submitted via any of the following methods: • Electronic mail • Facsimile • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Necessary back-up materials are included (service documentation, sign-in sheets, etc.) • Reports bear the signature of the authorized agency representative submitting the report on behalf of the Contractor The City will document Contractor service level data and monthly reports via Active Strategy software for inclusion in the monthly report to the Miami Beach Service Partnership Governing Board as well as the City's website. Training Requirements Personnel providing services under in this Agreement will be required to complete the following trainings prior to service provision, as delineated below: City provided trainings ® Program Overview Training ® Samepage Software Training Additional required trainings ® DCF Abuse & Neglect Online Training Client Termination Contractor must notify the Program Coordinator of client inactivity. If the Contractor has not been able to reach a client, they must notify the City by the eighth (8) business day. Contractor's Staff Roster Contractor will provide the City with following information for each individual employed by or independently contracted with the Contractor to conduct services related to this Agreement: • Name • Resume • Credentials, to include degrees and licenses, as required by position • Phone number • E-mail address • Days and times available for service provision (minimum of three weeknight or weekend shifts available per week) • Language Skills (minimum of one bilingual staff member required per every 10 contractually required clients) • Total number of hours per week each staff member is able to commit • Name of Supervisor and total number of hours per week committed to supervision/staffing in support of activities related to this Agreement. • Contractual agreement between Contractor and Sub-Contractor. Contractor agrees to adhere to screening staff and contracted employees for minimum requirements appropriate to positions related to this Agreement and in accordance with Contractor's policies and procedures. Contractor's staff members are required to wear identification while conducting services. Jewish Community Services of South Florida, Inc. 211 Helpline Registration Contractor agency will register with Jewish Community Services of South Florida, Inc. 211 Helpline to ensure that agency information is accurate and updated. This contractual obligation is directed by The Children's Trust. Agency registration can be done at the following website: https://Icsfl.org/services/switchboard-211/ Additional Documentation The following documentation must be submitted with this executed agreement: • All required insurance certificates • Copy of most recent financial audit • Copy of required business licenses and permits • List of all members of Contractor's Board of Directors, if applicable • Contractor's Board of Directors by-laws, if applicable • Conflict of Interest policy • Agency 990 Form • Agency W-9 Form THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 18 of 20 Exhibit B Fee Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit"A", as follows: a) Provision of one(1)Tutoring Assessment service each for up to twenty(20)children at the rate of Forty-Five Dollars($45.00)per each Tutoring Assessment service for a maximum not to exceed sum of Nine Hundred Dollars($900.00); and b) Provision of fourteen(14)Tutoring Sessions each for up to twenty(20)children for a total of two hundred and eighty (280) Tutoring Sessions, at the rate of Forty-Five Dollars ($45.00) per each tutoring session for a maximum not to exceed sum of Twelve Thousand Six Hundred Dollars ($12,600.00). Contractor's compensation shall be further subject to and conditioned upon all or any portion of the Services to be provided herein being allowable and within the Description of Services delineated in Exhibit"A". Contractor shall provide the City with a detailed invoice,on a monthly basis, that details all services performed by Contractor in a particular month. Contractor's invoices are subject to the review and approval of the City Manager and/or his or her designee, who shall be the Department Director of the Office of Housing and Community Services. The City shall not remit any payments to Contractor unless Contractor provides the City with a detailed invoice that is acceptable to the City INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within Forty-Five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Contractor shall submit monthly Reimbursement Requests and accompanying Monthly Client Status Lists, as set forth in Exhibit"B",which include an itemized,detailed description of the Services,or portions thereof, provided(including the names of the clients served and dates of service provision) and cost(s) for same. Invoices shall be signed by an authorized employee of the Contractor, shall include a detailed description of the Services(or portions thereof)provided, and shall be submitted to the City at the following address: Maria Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, Florida, 33139 Page 19 of 20