2017-29709 Reso RESOLUTION NO. 2017-29709
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2016-29607, IN ORDER TO APPROVE AND
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A
REVISED PROFESSIONAL SERVICES AGREEMENT WITH
ARTS FOR LEARNING/MIAMI, INC., A NOT-FOR-PROFIT
CORPORATION,TO INCLUDE ADDITIONAL ARTS EDUCATION
PROGRAMS AT FIENBERG-FISHER K-8 CENTER, IN AN
AMOUNT NOT TO EXCEED $6,000, WITH A REVISED TOTAL
AMOUNT NOT TO EXCEED $81,000, WHICH AGREEMENT
SHALL HAVE AN INITIAL TERM OF ONE (1) YEAR, WITH THE
OPTION,AT THE CITY'S SOLE DISCRETION,TO EXTEND FOR
AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON THE
APPROPRIATION OF REQUIRED FUNDING BY THE MAYOR
AND CITY COMMISSION.
WHEREAS, on September 30, 2013, the Mayor and City Commission adopted Resolution
No. 2010-27503, approving and authorizing the Mayor and City Clerk to execute a Professional
Services Agreement with Arts For Learning/Miami, Inc. to provide arts education programs at
various preschools, public schools, and parks and youth centers in the City(the"2013 Agreement");
and
WHEREAS, the 2013 Agreement expired on September 30, 2016; and
WHEREAS, on October 19, 2016,the Mayor and City Commission adopted Resolution No.
2016-29607, approving and authorizing the Mayor and City Clerk to execute a new Professional
Services Agreement with Arts for Learning/Miami, a not-for-profit corporation,for in-school and after-
school arts education programs at various City preschools, public schools and parks and youth
centers, in an amount not to exceed$75,000, said Agreement having an initial term of one(1)year,
commencing on October 1, 2016, and ending on September 30, 2017, with the option, at the City
Manager's sole discretion, to extend for an additional two (2) one-year terms contingent upon the
appropriation of required funding by the Mayor and City Commission; and
WHEREAS,following the October 19,2016 City Commission meeting,City staff was directed
to work with Arts for Learning/Miami, Inc.to determine the cost of extending the arts programming to
include Fienberg-Fisher K-8 Center; and
WHEREAS,Arts for Learning Miami, Inc. determined that an additional three classes would
be needed to properly serve the school and requested $6,000 in increased funding to begin
programming at the school in January 2017; and
WHEREAS,the addition of programming at Fienberg-Fisher K-8 Center would increase the
amount of City funding set forth in the Professional Services Agreement to $81,000; and
WHEREAS,the Administration recommends approving an amended Professional Services
Agreement with Arts For Learning/Miami, Inc. to include the addition of programming at Fienberg-
Fisher K-8 Center and continue providing in-school and after school arts education programs in
Miami Beach, for a one-year term, with up to two (2) one-year renewal options.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby amend
Resolution No. 2016-29607, in order to approve and authorize the Mayor and City Clerk to execute a
revised Professional Services Agreement with Arts for Learning/Miami, Inc., a not-for-profit
corporation, to include additional arts education programs at Fienberg-Fisher K-8 Center, in an
amount not to exceed $6,000,with a revised total amount not to exceed $81,000,which Agreement
shall have an initial term of one(1)year,with the option, at the City's sole discretion,to extend for an
additional two(2)years contingent upon the appropriation of required funding by the Mayor and City
commission.
PASSED and ADOPTED.this If day of Ja#047, 2017.
ATTEST:
Ai et._•-t. • WAII*144,4
P ilip r'vi.6, Mayor
R. ael E. ranado, ity Clerk 3 B.E'9
C4p,,,
3
�: . - .
�NCpRP ORaT��' APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Dote
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,F'
Resolutions - C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 11, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29607, IN
ORDER TO APPROVE AND AUTHORIZE THE MAYOR AND CITY CLERK TO
EXECUTE A REVISED PROFESSIONAL SERVICES AGREEMENT WITH ARTS
FOR LEARNING/MIAMI, INC., A NOT-FOR-PROFIT CORPORATION, TO
INCLUDE ADDITIONAL ARTS EDUCATION PROGRAMS AT FIENBERG-FISHER
K-8 CENTER, IN AN AMOUNT NOT TO EXCEED $6,000, WITH A REVISED
TOTAL AMOUNT NOT TO EXCEED $81,000, WHICH AGREEMENT SHALL HAVE
AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION, AT THE CITY'S SOLE
DISCRETION, TO EXTEND FOR AN ADDITIONAL TWO (2) YEARS
CONTINGENT UPON THE APPROPRIATION OF REQUIRED FUNDING BY THE
MAYOR AND CITY COMMISSION.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September 30, 2013, via Resolution No. 2013-28388, and pursuant to Section 287.057 of
the Florida Statutes which exempts these services from competitive bidding requirements, the
City Commission authorized the execution of an agreement with Arts For Learning/Miami, Inc., a
not-for-profit corporation, to provide after school and summer camp arts education programs in
the public schools and parks. Said agreement was extended for an additional two years, per the
resolution, due to the overwhelmingly positive response from teachers, students, parents and
parks staff. As such, funding was included and approved in the FY 2014/15 and 2015/16
budgets to continue the program for an additional two years to offer Miami Beach students the
opportunity to benefit from the proven advantages arts education provides: higher grade point
averages, higher test scores, greater participation and community involvement, and lower drop-
out rates.
The City's FY 2016/17 adopted budget included up to $75,000 in funding in the Tourism,
Culture and Economic Development Department budget to continue the after school and
summer camp arts education programs. At the October 19, 2016 meeting of the City
Commission, Resolution No. 2016-29607 was approved, in a not to exceed amount of$75,000,
authorizing a Professional Services Agreement with Arts for Learning/Miami, Inc. to provide arts
295
education programming at Biscayne Elementary, Flamingo Park, North Beach Elementary, Scott
Rakow Youth Center and South Pointe Elementary.
Following the October 19, 2016 meeting of the City Commission, staff was directed to work with
Arts for Learning/Miami, Inc. to determine the cost of extending the arts programming to include
Feinberg Fisher K-8. It was noted by staff that programming had previously been offered at this
location. However, due to reductions in the City's FY 2016/17 adopted budget, Arts for
Learning/Miami, Inc. services were reduced from a previously allocated amount of $105,000 to
$75,000. Eager to include Feinberg Fisher K-8, Arts for Learning Miami, Inc. determined an
additional three classes would be needed to properly serve the school and requested $6,000 in
increased funding to begin programming at the school in January 2017. The addition of
programming at Feinberg Fisher K-8 would increase the Professional Services Agreement to
$81,000. Funding will be provided through the Tourism, Culture and Economic Development
Department budget.
In FY 2005/06, the first year of the contracted programs, the City was able to offer arts
programming at Flamingo Park summer camp and at two early childhood centers, RAIN and
Happy Kids/Jefferson, reaching a total of 465 children. In FY 2006/07, programming expanded
to include eight early childhood centers, including Children Around the World, Happy
Kids/Byron, King's Kids Palace, Rainbow Miami Beach, Stars Learning Center, Montessori
School Temple Beth Shmuel, Montessori Academy of St. John, Abbott School, Fienberg-Fisher
K-8, and Treasure Island and North Beach Elementary Schools. Teacher training was offered at
Nautilus Middle School and after-school programs at Biscayne Elementary, Treasure Island
Elementary, Flamingo Park, North Shore Park and Youth Center, and Scott Rakow Youth Center,
benefiting a total of 4,760 children.
In FY 2007/08 programming was offered at Raindrops, St. Patrick Pre-school and Temple
Menorah Early Childhood Program; teacher training at Fienberg-Fisher K-8 and Nautilus Middle
School; after-school classes at Biscayne Elementary, Flamingo Park and Scott Rakow Youth
Center; and summer camp programs at Flamingo Park. A total of 1,441 children were served.
Early childhood programs in FY 2008/09 were offered at St. Patrick Pre-school, Temple
Menorah Early Childhood Program, Mt. Sinai Young Presidents Club Child Care Center, and
Children Around the World; teacher training continued at Fienberg-Fisher K-8; and after-school
classes were conducted at Flamingo Park, Scott Rakow Youth Center, and Biscayne Elementary
School. Live performances were presented to children at Biscayne Elementary, Flamingo Park,
St. Patricks Pre-school and Miami Beach Senior High. Total number of participants was 2,949.
In FY 2009/10 programming included early childhood classrooms at Mt. Sinai Young Presidents
Club Child Care Center, St. Patrick Pre-school, Temple Menorah Early Childhood Program, and
Happy Kids; teacher training at Fienberg Fisher K-8; and after-school classes at Scott Rakow
Youth Center, Biscayne Elementary School and Flamingo Park, serving a total of 2,178 children.
From 2010 through 2013 after-school programs were offered at Fienberg-Fisher K-8, Biscayne
Elementary, South Pointe Elementary, Flamingo Park, and Scott Rakow Youth Center with Bass
Museum of Art, serving a total of 2,340 children and youth. The programming continued to
expand from 2014 through 2016, with Arts for Learning/Miami, Inc. offering after-school
programs at Flamingo Park, Scott Rakow Youth Center, North Beach Elementary, South Pointe
Elementary and Biscayne Elementary, among other locations, increasing participation to over
2,400 children and youth throughout the two year period.
296
Based on the positive experience and results accomplished through its arts education initiative,
the Administration believes it is in the City's best interest to continue these programs, and
proposes an amended contract with Arts for Learning/Miami, Inc. to include arts programming at
Feinberg Fisher K-8, in addition to the services being offered at Biscayne Elementary, Flamingo
Park, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary.
Furthermore, Tourism, Culture and Economic Development has established Department
Performance Indicators tied to this program in the department's Performance Plan based on the
fact that this program was included in the FY 2016/2017 adopted budget.
About Arts for Learning/Miami, Inc.
Arts for Learning/Miami, Inc. is a community-based non-profit organization dedicated to
advancing teaching and learning through the arts and community cultural resources. It was
established by a group of business and community leaders in 2000 as a partnership between
the Miami-Dade Cultural Affairs Council, Miami-Dade County Public Schools, and Young
Audiences, the nation's leading supplier of arts-in-education services. Through hands-on
professional development for teachers and teaching artists, creation and dissemination of multi-
media teaching resources, community arts programming and parent
outreach, Arts for Learning/Miami, Inc. is creating a comprehensive system for infusing cultural
arts into early learning, K — 12 education, and after-school and summer programs. Arts for
Learning/Miami, Inc. has offered its programs in Miami Beach since its first Cultural Arts Council
grant in 2002.
SCOPE OF SERVICES
Arts for Learning/Miami, Inc. will provide 35 after-school courses across six Miami Beach
locations including Biscayne Elementary School, Flamingo Park, Feinberg Fisher K-8, North
Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary School. Throughout
the school year at each after-school location, professional teaching artists will conduct
semester-long residencies. These residencies or "courses" are defined as a 1-hour session
per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or
spring semester. Through the after-school programming, Arts for Learning/Miami, Inc. will serve
over 890 students in FY 2016/2017.
Site No. of Students No. of Students
Participating Attending Events
Biscayne Elementary 100 40
Flamingo Park 100 50
Feinberg Fisher K-8 25 20
North Beach Elementary 100 40
Scott Rakow Youth Center 20 15
South Point Elementary 80 80
297
Introduction to Visual & Performing Arts Residencies Serving Children from Infancy to
Age 5
Arts for Learning/Miami, Inc. offers various levels of preschool residencies in the visual and
performing arts. Master teaching artists embed coaching, modeling and in-class teacher
professional development into a sequential residency structure. The efficiency of this approach
is that it concurrently combines training for early childhood teachers with high quality arts-based
learning activities for students. To introduce preschools to working with an artist in the
classroom, Arts for Learning/Miami, Inc. has designed introductory residencies and will provide
these at three preschools. The artist will serve all classrooms at each preschool. The residency
structure is as follows:
Planning Session (Session 1): The teacher and the artist review residency
goals/objectives.
Classroom Session (Session 2-6): Teaching artist leads five 45-minute sessions
(20 minute sessions in infant rooms). The classroom teacher participates in the sessions
and in post-session debriefings. .
Closing Session (Session 7): During this session, the teaching artist has the
opportunity to end the residency and to say "goodbye" to the students and determine
follow up needs with the teacher.
Arts for Learning/Miami, Inc. Preschool Play
Arts for Learning/Miami, Inc. will provide preschool aged children at Normandy Isle Park, North
Shore Park &Youth Center, South Pointe Park, Flamingo Park and Scott Rakow Park music,
drama and movement activities to support their intellectual, social, emotional, and physical
development.
Timeline for Services:
After-school/Out of School Oct. 2016—Aug 2017
Introduction to Preschool Residencies Oct. 2016— May 2017
Preschool Play Feb. 2017— May 2017
On September 30, 2013, via Resolution No. 2013-28388, and pursuant to Section 287.057 of
the Florida Statutes which exempts these services from competitive bidding requirements, the
City Commission authorized the execution of an agreement with Arts For Learning/Miami, Inc., a
not-for-profit corporation, to provide after school and summer camp arts education programs in
the public schools and parks. Said agreement was extended for an additional two years, per the
resolution, due to the overwhelmingly positive response from teachers, students, parents and
parks staff. As such, funding was included and approved in the FY 2014/15 and 2015/16
budgets to continue the program for an additional two years to offer Miami Beach students the
opportunity to benefit from the proven advantages arts education provides: higher grade point
averages, higher test scores, greater participation and community involvement, and lower drop-
out rates.
The City's FY 2016/17 adopted budget included up to $75,000 in funding in the Tourism,
Culture and Economic Development Department budget to continue the after school and
summer camp arts education programs. At the October 19, 2016 meeting of the City
Commission, Resolution No. 2016-29607 was approved, in a not to exceed amount of$75,000,
authorizing a Professional Services Agreement with Arts for Learning/Miami, Inc. to provide arts
•
298
education programming at Biscayne Elementary, Flamingo Park, North Beach Elementary, Scott
Rakow Youth Center and South Pointe Elementary.
Following the October 19, 2016 meeting of the City Commission, staff was directed to work with
Arts for Learning/Miami, Inc. to determine the cost of extending the arts programming to include
• Feinberg Fisher K-8. It was noted by staff that programming had previously been offered at this
location. However, due to reductions in the City's FY 2016/17 adopted budget, Arts for
Learning/Miami, Inc. services were reduced from a previously allocated amount of $105,000 to
$75,000. Eager to include Feinberg Fisher K-8, Arts for Learning Miami, Inc. determined an
additional three classes would be needed to properly serve the school and requested $6,000 in
increased funding to begin programming at the school in January 2017. The addition of
programming at Feinberg Fisher K-8 would increase the Professional Services Agreement to
$81,000. Funding will be provided through the Tourism, Culture and Economic Development
Department budget.
In FY 2005/06, the first year of the contracted programs, the City was able to offer arts
programming at Flamingo Park summer camp and at two early childhood centers, RAIN and
Happy Kids/Jefferson, reaching a total of 465 children. In FY 2006/07, programming expanded
to include eight early childhood centers, including Children Around the World, Happy
Kids/Byron, King's Kids Palace, Rainbow Miami Beach, Stars Learning Center, Montessori
School Temple Beth Shmuel, Montessori Academy of St. John, Abbott School, Fienberg-Fisher
K-8, and Treasure Island and North Beach Elementary Schools. Teacher training was offered at
Nautilus Middle School and after-school programs at Biscayne Elementary, Treasure Island
Elementary, Flamingo Park, North Shore Park and Youth Center, and Scott Rakow Youth Center,
benefiting a total of 4,760 children.
In FY 2007/08 programming was offered at Raindrops, St. Patrick Pre-school and Temple
Menorah Early Childhood Program; teacher training at Fienberg-Fisher K-8 and Nautilus Middle
School; after-school classes at Biscayne Elementary, Flamingo Park and Scott Rakow Youth
Center; and summer camp programs at Flamingo Park. A total of 1,441 children were served.
Early childhood programs in FY 2008/09 were offered at St. Patrick Pre-school, Temple •
Menorah Early Childhood Program, Mt. Sinai Young Presidents Club Child Care Center, and
Children Around the World; teacher training continued at Fienberg-Fisher K-8; and after-school
classes were conducted at Flamingo Park, Scott Rakow Youth Center, and Biscayne Elementary
School. Live performances were presented to children at Biscayne Elementary, Flamingo Park,
St. Patricks Pre-school and Miami Beach Senior High. Total number of participants was 2,949.
In FY 2009/10 programming included early childhood classrooms at Mt. Sinai Young Presidents
Club Child Care Center, St. Patrick Pre-school, Temple Menorah Early Childhood Program, and
Happy Kids; teacher training at Fienberg Fisher K-8; and after-school classes at Scott Rakow
Youth Center, Biscayne Elementary School and Flamingo Park, serving a total of 2,178 children.
From 2010 through 2013 after-school programs were offered at Fienberg-Fisher K-8, Biscayne
Elementary, South Pointe Elementary, Flamingo Park, and Scott Rakow Youth Center with Bass
Museum of Art, serving a total of 2,340 children and youth. The programming continued to
expand from 2014 through 2016, with Arts for Learning/Miami, Inc. offering after-school
programs at Flamingo Park, Scott Rakow Youth Center, North Beach Elementary, South Pointe
Elementary and Biscayne Elementary, among other locations, increasing participation to over
2,400 children and youth throughout the two year period.
•
299
Based on the positive experience and results accomplished through its arts education initiative,
the Administration believes it is in the City's best interest to continue these programs, and
proposes an amended contract with Arts for Learning/Miami, Inc. to include arts programming at
Feinberg Fisher K-8, in addition to the services being offered at Biscayne Elementary, Flamingo
Park, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary.
Furthermore, Tourism, Culture and Economic Development has established Department
Performance Indicators tied to this program in the department's Performance Plan based on the
fact that this program was included in the FY 2016/2017 adopted budget.
About Arts for Learning/Miami, Inc.
Arts for Learning/Miami, Inc. is a community-based non-profit organization dedicated to
advancing teaching and learning through the arts and community cultural resources. It was
established by a group of business and community leaders in 2000 as a partnership between
the Miami-Dade Cultural Affairs Council, Miami-Dade County Public Schools, and Young
Audiences, the nation's leading supplier of arts-in-education services. Through hands-on
professional development for teachers and teaching artists, creation and dissemination of multi-
media teaching resources, community arts programming and parent
outreach, Arts for Learning/Miami, Inc. is creating a comprehensive system for infusing cultural
arts into early learning, K — 12 education, and after-school and summer programs. Arts for
Learning/Miami, Inc. has offered its programs in Miami Beach since its first Cultural Arts Council
grant in 2002.
SCOPE OF SERVICES
Arts for Learning/Miami, Inc. will provide 35 after-school courses across six Miami Beach
locations including Biscayne Elementary School, Flamingo Park, Feinberg Fisher K-8, North
Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary School. Throughout
the school year at each after-school location, professional teaching artists will conduct
semester-long residencies. These residencies or "courses" are defined as a 1-hour session
per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or
spring semester. Through the after-school programming, Arts for Learning/Miami, Inc. will serve
over 890 students in FY 2016/2017.
Site No. of Students No. of Students
Participating Attending Events
Biscayne Elementary 100 40
Flamingo Park 100 50
Feinberg Fisher K-8 25 20
North Beach Elementary 100 40
Scott Rakow Youth Center 20 15
South Point Elementary 80 80
300
Introduction to Visual & Performing Arts Residencies Serving Children from Infancy to
Age 5
Arts for Learning/Miami, Inc. offers various levels of preschool residencies in the visual and
performing arts. Master teaching artists embed coaching, modeling and in-class teacher
professional development into a sequential residency structure. The efficiency of this approach
is that it concurrently combines training for early childhood teachers with high quality arts-based
learning activities for students. To introduce preschools to working with an artist in the
classroom, Arts for Learning/Miami, Inc. has designed introductory residencies and will provide
these at three preschools. The artist will serve all classrooms at each preschool. The residency
structure is as follows:
Planning Session (Session 1): The teacher and the artist review residency
goals/objectives.
Classroom Session (Session 2-6): Teaching artist leads five 45-minute sessions
(20 minute sessions in infant rooms). The classroom teacher participates in the sessions
and in post-session debriefings.
- Closing Session (Session 7): During this session, the teaching artist has the
opportunity to end the residency and to say "goodbye" to the students and determine
follow up needs with the teacher.
Arts for Learning/Miami, Inc. Preschool Play
Arts for Learning/Miami, Inc. will provide preschool aged children at Normandy Isle Park, North
Shore Park &Youth Center, South Pointe Park, Flamingo Park and Scott Rakow Park music,
drama and movement activities to support their intellectual, social, emotional, and physical
development.
•
Timeline for Services:
After-school/Out of School Oct. 2016—Aug 2017
Introduction to Preschool Residencies Oct. 2016— May 2017
Preschool Play Feb. 2017 — May 2017
CONCLUSION
The Administration recommends approving an amended professional services agreement with
Arts for Learning/Miami, Inc. to include additional arts education programs at Feinberg Fisher K-
8 Center, in an amount not to exceed $6,000, for a total not to exceed amount of $81,000 for
fiscal year 2016/2017.At the city's sole discretion, the professional services agreement may be
extended for two additional years contingent upon funds appropriations and program
performance evaluations.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Cultural and Recreational Activities
FINANCIAL INFORMATION
Funding is available within the Tourism, Culture and Economic Development and Cultural Arts
Council's budgets for Fiscal Year 2016/2017.
301
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
❑ PSAArts for Learning 2016-2017
❑ Resolution
302•
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
ARTS FOR LEARNING/MIAMI, INC.
FOR ARTS EDUCATION PROGRAMS,
PURSUANT TO RESOLUTION NO. 2017-
This Professional Services Agreement ("Agreement") is entered into this 11th day of
January, 2017, by and 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 ("City"),
and ARTS FOR LEARNING/MIAMI, INC., a Florida not-for-profit corporation whose
address is 404 NW 26 Street, Miami, Florida, 33127 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to
be an independent Consultant, and not an agent or employee of the
City.
Services: All services, work and actions by the Consultant performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Consultant 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.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit "A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A" hereto.
303
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by
all parties hereto, and shall have an initial term of one (1) year, with two (2) one-year
renewal options, to be exercised at the City Manager's sole option and discretion, by
providing Consultant with written notice of same no less than thirty (30) days prior to the
expiration of the initial term. The City's exercise of any such renewal option shall be
contingent upon any and all required funding appropriations by the Mayor and City
Commission.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific
timelines, schedules, dates, and/or performance milestones for completion and delivery of
the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit
"A" hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated
on a fixed fee basis, in the amount of $81,000.
4.2 25% of the fee will be paid to Consultant every three months, provided that work is
completed in accordance with the timeline and/or schedule in Exhibit "A" hereto.
4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within
thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered
(and referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address: -
Brandi Reddick, Cultural Affairs Program Manager
Tourism, Culture and Economic Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
brandireddick @miamibeachfl.gov
•
304
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of
the covenants, agreements, or stipulations material to this Agreement, the City,
through its City Manager, shall thereupon have the right to terminate this
Agreement for cause. Prior to exercising its option to terminate for cause, the City
shall notify the Consultant of its violation of the particular term(s) of this Agreement,
and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after ten (10) days, the City may terminate this Agreement without
further notice to Consultant. Upon termination, the City shall be fully discharged
from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
City for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled
to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF 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
CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE
WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF
SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY
THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION;
FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND
ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF,
THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
305
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law
or in equity), claims (including copyright, patent or trademark infringement claims),
liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for •
personal, economic or bodily injury, wrongful death, loss of or damage to-property, which
may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any
other person or entity acting under Consultant's control or supervision, in connection with,
related to, or as a result of the Consultant's performance of the Services pursuant to this
Agreement. To that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals. The Consultant expressly
understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents
and instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the
City to the Consultant for the Consultant's indemnity agreement. The provisions of this
Section 6.1 and of this indemnification shall survive termination or expiration of this
Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following
insurance:
1. Consultant General Liability, in the amount of $1,000,000;
2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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.
All of Consultant's certificates shall contain endorsements providing that written notice
shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
•
Original certificates of insurance must be submitted to the City's Risk Manager for
approval (prior to any work and/or services commencing) and will be kept on file in the
Office of the Risk Manager. The City shall have the right to obtain from the Consultant
specimen copies of the insurance policies in the event that submitted certificates of
insurance are inadequate to ascertain compliance with required coverage.
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The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida.
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising
out of this Agreement.
SECTION 8
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.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
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
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manger may, in hic/hor r°ncnnable discretion and judgment, deem
necessary, there shall be made available iger, and/or such representatives as the
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City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all
other documents and/or records relating to all matters covered by this Agreement. Consultant
shall maintain any and all such records at its place of business at the address set forth in the
"Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETED]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this Section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Contractor shall not discriminate against
any employee or applicant for employment because of actual or perceived race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,
age, disability, ancestry, height, weight, domestic partner status, labor organization membership,
familial situation, or political affiliation.
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10.6 CONFLICT OF INTEREST / COMPLIANCE WITH APPLICABLE LAWS
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, and as may be amended from time to time; and by the City of Miami Beach Charter and
Code (as some may be amended from time to time); both of which are incorporated by reference
herein as if fully set forth herein.
In its performance of the work and/or services, Contractor shall comply with all applicable laws,
ordinances and regulations of the City, Miami-Dade County, the State of Florida and the federal
government, as applicable.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. No member of
or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising there from.
SECTION 11
• NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant 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 CONSULTANT: Sheila Womble
Executive Director
Arts for Learning/Miami, Inc.
404 NW 26 Street
Miami, FL 33127
(786) 953-7351 (fax)
TO CITY: Vanessa Williams, Interim Director
Tourism, Culture and Economic Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7063 (fax)
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.
Notice shall be deemed given on the day on which personally served, or the day of receipt by either
U.S. certified mail or overnight delivery.
SECTION 12
MISCELI ANFni IS PPnVISIONS
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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 ENTIRETY OF AGREEMENT
The City and Consultant 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.
12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City cost,
all public records created, received, maintained and/or directly related to the performance
of this Agreement that are in possession of the Consultant upon termination of this
Agreement. Upon termination of this Agreement, the Consultant shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the City in a
format that is compatible with the information technology systems of the City.
• For purposes of this Article, the term "public records" shall mean 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.
Consultant's failure to comply with the public records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Consultant does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail
itself of the remedies set forth under this Agreement and available at law.
12.5 PROHIBITIONS REGARD USE OF EXPANDED POLYSTYRENE
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FOOD SERVICE ARTICLES
Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily
recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded
polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that
are harmful to marine life, other wildlife, and the environment. The City's goals are to reduce the
use of expanded polystyrene and encourage the use of reusable, recyclable, or compostable
alternatives.
Expanded polystyrene means blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number
of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam),
injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays,
coolers, ice chests, and all similar articles that consist of expanded polystyrene.
Consultant agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food
service articles in connection with fulfilling its obligations under this Agreement. Moreover,
Consultant agrees to include the provisions of this Section 12.5 in any contract between
Consultant and a subcontractor, independent contractor, vendor, supplier, sponsor or any other
individual or entity (collectively referred to herein as the Subcontractors), executed in connection
with Consultant's obligations under the terms of this Agreement. A violation of this section shall
be deemed a default under the terms of this Agreement. This subsection shall not apply to
expanded polystyrene food service articles used for prepackaged food that have been filled and
sealed prior to receipt by the Consultant or Subcontractors.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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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:
Rafael E. Granado Philip Levine
City Clerk Mayor
FOR CONSULTANT: ARTS FOR LEARNING/MIAMI, INC.
ATTEST:
By:
Sheila Womble
Executive Director
Print Name/Title
Exhibit"A"
Arts for Learning/Miami, Inc.
Scope of Services for City of Miami Beach
October 1, 2016-September 30, 2017
About Arts for Learning:
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As Miami-Dade County's leading organization solely dedicated to advancing teaching and learning
through the arts, Arts for Learning (A4L) works diligently to ensure that the arts are central to the life of
every child By connecting professional visual and performing artists to children in schools, preschools,
and after-school and summer programs, children have the opportunity to experience and understand an
art form, create a work of art, and connect that art to other areas of learning. A4L's comprehensive
services include arts-integrated instruction, student studio programs, community art classes, internships in
the arts, mentoring, and teacher and artist professional development. A4L is a national affiliate of the Wolf
Trap Institute for Early Learning and the Young Audiences Arts for Learning network.
Proposed Scope of Work:
Arts for Learning respectfully requests $81,000 to provide in-depth visual and performing arts programs at
City of Miami Beach schools, preschools, and parks to serve 890 of children and youth.
After-School Programming
Arts for Learning will provide 35 after-school courses across six Miami Beach locations including
Biscayne Elementary School, Flamingo Park, Fienberg Fisher K-8, North Beach Elementary, Scott
Rakow Youth Center and South Pointe Elementary School. Throughout the school year at each after-
school location, professional teaching artists will conduct semester-long residencies. These residencies
or "courses" are defined as a 1-hour session per week for a unique group of up to 25 students over a
period of 12-16 weeks within the fall or spring semester. Through the after-school programming, A4L will
serve 670 students.
Site No. of Students Participating No. of Students Attending Events
Biscayne Elementary 100 40
Flamingo Park 100 50
Fienberg Fisher K-8 25 20
North Beach Elementary 100 40
Scott Rakow Youth Center 20 15
South Pointe Elementary 80 80
Introduction to Visual & Performing Arts Residencies Serving Children from Infancy to Age 5
Arts for Learning offers various levels of preschool residencies in the visual and performing arts. Master
teaching artists embed coaching, modeling and in-class teacher professional development into a
sequential residency structure. The efficiency of this approach is that it concurrently combines training for
early childhood teachers with high quality arts-based learning activities for students. To introduce
preschools to working with an artist in the classroom, A4L has designed introductory residencies and will
provide these at three preschools. The artist will serve all classrooms at each preschool. The residency
structure is as follows:
• Planning Session (Session 1): The teacher and the artist review residency goals/objectives.
• Classroom Session (Session 2-6): Teaching artist leads 5 45-minute sessions (20 minute
sessions in infant rooms). The classroom teacher participates in the sessions and in post-session
debriefings.
• Closing Session (Session 7): During this session, the teaching artist has the opportunity to end
the residency and to say "goodbye" to the students and determine follow up needs with the
teacher.
A4L Preschool Play
Arts for Learning will provide preschool aged children at Normandy Isle Park, North Shore Park &Youth
Center, South Pointe Park, Flamingo Park and Scott Rakow Park music, drama and movement
activities to support their intellectual, social, emotional, and physical development.
313
Exhibit "A"
Arts for Learning/Miami, Inc.
Scope of Services for City of Miami Beach
October 1, 2016-September 30, 2017
• Timeline for Services:
2016 2017
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
a
After-school/Out-of-School �cf?.•
Introduction to Preschool Residencies
� -����
A4L Preschool Play ,--
Budget:
No.of participants
Description of Service Unit Price No.of Units Unit Type Amount (inc.culminating event)
After-school $2.00 35 Courses $70.000 670
Introduction to Preschool Residencies $2.000 3 Preschools $6,000 120
A4L Preschool Play $1.000 5 Locations $5.000 100
Total $81.000 890