Agreement with Guardian Watch, Inc. DocuSign Envelope ID:CC15FB34-772E-4A0C-990D-41E4C87EB2EC 2 02 ' _ 31761
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
GUARDIAN WATCH, INC
FOR
CHILD AND FAMILY SERVICES, PURSUANT TO
THE CITY'S SERVICE PARTNERSHIP INITIATIVE
This Professional Services Agreement ("Agreement") is entered into this 16th day of
February , 2022 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and
GUARDIAN WATCH, INC, a Florida nonprofit corporation, whose address is 5375 NW 159
Street, Suite 4612, Hialeah, FL. 33014("Contractor").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Office of Housing and Community Services
Department Director.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
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SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide
the work and services described in Exhibit "A" hereto (the "Services").
Although Contractor may receive 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 performed in
accordance with the terms and conditions set forth in Exhibit "A" and 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 and/or
Alba Tarre, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A" hereto.
2.3 Contractor agrees to be bound by and shall fully comply with the terms of the agreement
between the Children's Trust and the City ("Children's Trust Grant Agreement"), incorporated
herein by reference and attached hereto as part of Exhibit"C".
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of
twelve (12) months.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on a
fixed fee basis, in the amount of $63,000.00, for a total annual amount not to exceed
$63,000.00.
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4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit
"A", as follows:
a) Provision of up to forty eight (48) tutoring services for each child for up to fifteen (15)
children, for two and a half (2.5) hours per session at the rate of Thirty Five Dollars
($35) for each tutoring service for a maximum not to exceed sum of Sixty Three
Thousand Dollars ($63,000.00)
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 Scope of Services delineated
in Exhibit"A".
4.3 As part of the Services to be provided herein, Contractor shall provide the following
additional in-kind services:
a) Provision of up to forty eight (48) tutoring services each for up to two (2) children,
for two and a half (2.5) hours per session at the rate of Thirty Five Dollars ($35)
per each tutoring service for a maximum not to exceed sum of Eight Thousand
Four Hundred Dollars ($8,400.00).
4.4 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details
all services performed by Contractor in a particular month including the forms attached
as Exhibit "B" herein. 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.
4.5 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).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City to the Program Coordinator's e-mail,
JessicaMarciamiamibeachfl.gov or at the following address:
Alba Tarre, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
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SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its violation of
the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such
default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Contractor. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City for any breach of the Agreement by the Contractor. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it
deems to be in its best interest in order to enforce the City's rights and remedies against
Contractor. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
ADDITIONALLY, 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. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
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5.4 TERMINATION BY CONTRACTOR
Contractor reserves the right to terminate the Agreement in the event that Contractor is not
able to fulfill its obligations under the Agreement by giving the City written notice of such intent
to terminate, which shall become effective within thirty (30) days following receipt by the City.
Notwithstanding Contractor's termination of the Agreement under this Section 5.4, Contractor
agrees to complete Services for any participants that Contractor has accepted as of the
effective date of termination. Contractor shall be entitled to receive payment for all Services
satisfactorily performed up to the date of termination. Contractor's termination of the
Agreement under this Section 5.4 shall not relieve Contractor from any liability to the City for
damages sustained by the City for any breach of the Agreement by the Contractor occurring
during the Term of the Agreement.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify, defend 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 the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals. The Contractor expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City to
the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of$1,000,000;
2. Contractor Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+" as
to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
Timely renewal certificates will be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain
a waiver of subrogation endorsement. Contractor's insurance shall be primary and not
contributory for direct claims arising out of the Agreement under the Commercial General
Liability policy. If the Professional Liability coverage is provided on a claims made basis, then
such insurance shall continue for (3) years following the expiration or termination of the
Agreement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Contractor hereby expresses its willingness to enter into this Agreement with Contractor's
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recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
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, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Contractor, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Contractor or its
employees or sub-contractors, without the prior written consent of the City Manager.
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SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Contractor shall maintain any and all such records at its place of business at
the address set forth in the "Notices" section of this Agreement.
10.2 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.
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(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.
(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.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this section, and any attempt to make such assignment (unless
approved) shall be void.
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10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 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 fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, 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.
10.6 CONFLICT OF INTEREST
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, as may be amended from time to time; and by the City of Miami Beach Charter and
Code, as may be amended from time to time; both of which are incorporated by reference as if
fully set forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Contractor further covenants that in the performance of this Agreement, Contractor
shall not employ any person having any such interest. 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.
10.7 CONTRACTOR'S COMPLIANCE WITH 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
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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
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.
(D) 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 this 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.
(E) 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 attorneys' 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 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 8 business days
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after the notice is sent is not liable for the reasonable costs of enforcement.
(F) 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: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Contractor or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such delay,
but in any case within fifteen (15) business days thereof, provide notice: (i) of the
occurrence of event of Force Majeure, (ii) of the nature of the event and the cause
thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of
the delay, and (v) of what course of action such party plans to take in order to mitigate
the detrimental effects of the event. The timely delivery of the notice of the occurrence of
a Force Majeure event is a condition precedent to allowance of any relief pursuant to this
section; however, receipt of such notice shall not constitute acceptance that the event
claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
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longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Contractor of such
termination. If the Agreement is terminated pursuant to this section, Contractor shall be
paid for any Services satisfactorily performed up to the date of termination; following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
shall maintain a copy of such affidavit for the duration of the contract or such other
extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, which prohibits any person from knowingly
employing, hiring, recruiting, or referring an alien who is not duly authorized to
work by the immigration laws or the Attorney General of the United States, the
City shall terminate this Agreement with Contractor for cause, and the City shall
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thereafter have or owe no further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 10.9(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor
to immediately terminate the contract with the subcontractor. Contractor's failure
to terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Contractor's Agreement for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1) or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing
Subsection (B)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall 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:
TO CONTRACTOR: Guardian Watch, Inc
Attn: Paul A. Marino, Executive Director
5375 NW 159 Street, Suite 4612
Hialeah, FL. 33014
(305) 482-3366
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Alba Tarre, Interim Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305)673-7491
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
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Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 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.
12.4 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.
12.5 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: 72/
City Clerk C anager
APR 0 5 2022
Date:
lklORPI$ORATE
FOR CONTRACTOR: ;4 ..‘?1z` GUARDIAN WATCH, INC
ATTEST:
DocuSigned by: pad,
by:
By_ �--�7 I Pad, MA-Yu/to
JY f MILM8/UJ411.... SuSjOo u.iBD i C45u...
Richard Yi Paul Merino
Print Name and Title Print Name and Title
2/14/2022 l 2:17 PM EST
Date:
APPROVED AS TO
F:ATTO/TORG/Agreements/Professional Services Agreement 2021 modified 01-12-2021 FORM & LANGUAGE
& FOR EXECUTION
16 4 ' T
4 Di(u.
City Attorney
Dote
DocuSign Envelope ID:CC15FB34-772E-4A0C-990D-41E4C87EB2EC
EXHIBIT "A"
"SCOPE 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; unless parent/legal
guardian has granted written authorization to provider waiving one's physical presence.
Alternatively, the Services may be provided in a safe, public space (e.g. the minor's school), or
virtual space, but only if approved in writing by the parent or legal guardian and the City.
Contractor staff must attempt to 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 attempt to contact client within (2) two business days 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 Universit •ro.ram:
Service Units Documentation of Service
of
Service
Tutoring Session 720 1. Attendance form signed by all attendees.
2. Each tutoring session must take place on a different date
and indicate beginning and ending times.
Tutoring Session 96 1. Attendance form signed by all attendees.
(In-Kind) 2. Each tutoring session must take place on a different date
and indicate beginning and ending times.
Related Definitions:
Tutoring Session — The Tutoring Session is completed by the Contractor's staff in accordance
with their policies and procedures. Sessions are scheduled to the family's convenience and are
offered in the client's home, via a virtual platform or at a public setting (e.g. the minor's school).
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 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, 150 minutes in length. An alternative option to an
attendance form may be accepted and approved at the discretion of the City.
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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 Unit of Service Service Timeframe
Location
Tutoring Session 48 sessions for Virtual/Public All eligible Tutoring Sessions will be
each of up to 15 Setting completed within fifteen (15) days of
children, for a referral receipt. Contractor must
total of 720 make initial contact with the client
unique tutoring within 72 hours of referral and must
sessions. 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 48 sessions for Virtual/Public All eligible Tutoring Sessions will be
(In-Kind) each of up to 2 Setting completed within fifteen (15) days of
children, for a referral receipt. Contractor must
total of 96 make initial contact with the client
unique tutoring within 72 hours of referral and must
sessions. 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.
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Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
Service Documentation Submission Deadline
Tutoring Session • Attendance Form, clearly delineating Documentation must be
identified client submitted weekly for all
services provided in the
previous week and must
include status updates on
any clients presenting
difficulties with
scheduling or service
provision.
Notification Emails should be encrypted if documentation cannot be submitted via Samepage.
(ONLY if Contractor is able to encrypt emails for the protection of client information)
Penalties for Failure to Perform
If the Contractor fails, on two occasions, to submit required, accurate documentation in the
timeframe allotted, 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.
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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.
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.
Employee/ Contractor File Review
The following documentation must be included in the employee or 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
• 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
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 fifth 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:
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• Friday, November 5, 2021
• Monday, December 5, 2021
• Wednesday, January 5, 2022
• Monday, February 7, 2022
• Monday, March 7, 2022
• Tuesday, April 5, 2022
• Thursday, May 5, 2022
• Monday, June 6, 2022
• Tuesday, July 5, 2022
• Friday, August 5, 2022
• Tuesday, September 6, 2022
• Wednesday, October 5, 2022
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.
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual
compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files (for those employees
providing services under this Agreement)
The monitoring tool provided by The Children's Trust, On-Site Monitoring Tool, will be used to
guide inspections and monitoring visits. (Copy included herein.)
Monitoring visits will 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.
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Partner Performance Ratings
The Contractor agrees that its partner performance rating, the score awarded for performance
on the following measures, will be posted on the City's website on a bi-annual basis:
• Timely and accurate submission of monthly progress report
• Timely and accurate submissions of monthly financial reports (reimbursement requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
Performance Measure Ratin• Rationale & Score
Timely and accurate submission of ' "0" for failing to submit accurate report with
Monthly Service Summary Report and back-up material on time
monthly financial reports (Monthly Y "20" for submitting accurate report on time
Reimbursement Request)
Delivery of contracted service units Possible score of 0 to 30 based upon
completion of projected service units. Score
is calculated by dividing the completed
number of service units by the total number
of referred service units.
Timely and complete document Possible score of 0 to 30 based upon timely
submission and complete submission of service
documentation. Score is calculated by
dividing the number of service units
submitted timely and satisfactorily by the
total number of service units completed.
Promotion & Public Relations Requirements
The Contractor agrees to receive Success University Program Brochures and make them
available to clients during all in-person client interactions.
The Contractor agrees to link its website to the City's Success University webpage. Such link
must be in place prior to the execution of this Agreement.
The Contractor agrees to indicate its membership in the Partnership in all self-produced
marketing materials that are produced for the benefit of youth and families.
Contractor shall secure the City Manager's prior written consent in connection with any self-
produced marketing or communications materials, including the license to use the City's Marks,
in connection with the promotion of the Services during the Term. Notwithstanding receipt of
written authorization to use the City's Marks in connection with the promotion of the Services, all
City Marks shall remain the property of the City and Contractor shall cease using said City
Marks upon the expiration or early termination of this Agreement, or upon the written request of
the City Manager.
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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
Client Termination
Contractor staff must notify the Program Coordinator of client inactivity. If the staff member has
not been able to reach a client, they must notify the City by the eighth (8)day.
Contractor's Staff Roster
Contractor will provide the City, at the City's request, 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.
Contractor's employees and independent contractors providing Mental Health services and/or
Counseling Sessions must meet the following criteria, at minimum:
• Must have a minimum of an earned master's degree from a mental health counseling
program or a program in a closely related field that is CACREP and/or regionally
accredited;
• Must be a Licensed as Registered Mental Health Counselor Intern or higher in the State
of Florida;
• Must have obtained a mental health counselor qualified supervisor.
Jewish Community Services of South Florida, Inc. 211 Helpline Registration
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DocuSign Envelope ID:CC15FB34-772E-4A0C-990D-41E4C87EB2EC
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.orq/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
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EXHIBIT "B"
INVOICING
The Contractor agrees to provide the invoicing and services documentation as indicated utilizing
the following forms attached herein:
• Monthly Service Summary Report, and
• Monthly Reimbursement Request
• Monthly Client Status List
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EXHIBIT "C"
ATTACHMENTS
The following reference documents are attached:
• The Children's Trust Grant Agreement
• Affidavit for Level 2 Background Screenings
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DocuSign Envelope ID:BFE56A0E-5D26-49FD-B1DB-9C86F4FBD2DB
•
M I AM I BEACH Contract/Document Routing F.
.Contract No.
2221-1090 Professional Service Agreement Between City of Miami Beach and Guardian Watch,Inc
ontractor _westing Department
Guardian Watch,Inc Office of Housing and Community Services
partment'` Name&Signature e Signature .
Docu50e °Y:
Alba Tarre 7 Mark Taxis ,- k i
�a�oc ,• . . .,, mentT .e Select • E3a.;.
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
X Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
YYS'W ii�i��l.�1Tl ..�'.-;i!"�t.Cti7i �°i%�ii.: .Y{„�i.i6.1•:Iti 1' _+•:;-L i$. .. __
On July 28,2021 date,the Mayor and City Commission adopted Resolution No. 2021-31761 authorizing the City Manager to
execute various grant agreements. The City of Miami Beach has received a grant from Children's Trust to provide tutoring
services to Miami Beach youth residents enrolled in the City of Miami Beach Success University Program.Attachment A"Scope
of Services"of The Children's Trust grant included the Guardian Watch,Inc.as partner to provide tutoring services.The Office
of Housing and Community Services has negotiated an agreement with Guardian Watch, Inc., in the amount not to exceed
$63,000.This agreement would allow for up to 48 tutoring sessions of 2.5 hours each,for each child and up to 15 children.
• Ori:final+Renewals)
1 year None 1 year
Funding hiformatton 1111Mir
Grant Funded: X Yes No State I. Federal II Other:
Cost&Funding Source
year `_ Account Recwire Enhancement
1 $63,000 143-0320-000312-00-405-542-00-00-00-53721 Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting 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.
Authors to Si:n
City Commission Approved: Yes X No Resolution No.: CC Agenda Item No.: CC Meeting Date:
If no,explain why CC approval is not required:
The total value of the contract is below the formal bid threshold.Pursuant to Administrative Procedure 03.02,the City
Manager may approve this agreement.
Legal Form Approved: I X I Yes I I No I If no,explain below why form approval is not necessary:
411111111111111111111111111 Compliance Approvals(see attached) .
Procurement: n/a Grants: Judy Hoanshell0ocu5q °Y:
c97ucaa��
Budget: Tameka Otto-Stewart Information Technology: n/a
1=l lufo
Risk Management: Fleet&Facilities: n/a
Human Resources: n/a Other: n/a