Amendment No.1 to Agreement with Museum of Science, Inc DocuSign Envelope ID:7E87A96A-1937-48E7-AEBA-048C922B29E8 2_418 - 302,CCI
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MUSEUM OF SCIENCE, INC
This Amendment No. 1 ("Amendment") to the Agreement dated September 3, 2020
("Agreement"), 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 place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), a n d
Museum of Science, Inc., a Florida not-for-profit corporation ("Frost Science"), is entered into
this 16 day of February, 2021 ("Effective Date").
RECITALS
WHEREAS, Miami Beach Fienberg Fisher K-8 and Biscayne Beach Elementary School
(the "CMB Program Schools") do not offer after-school science, technology, engineering, and
math('STEM")enrichment classes, while the remaining City's public elementary schools currently
offer after-school enrichment classes for their students; and
WHEREAS, the City has combined its resources with Frost Science in order to increase
the competitiveness of the CMB youth by establishing and supporting an after-school enrichment
program at the CMB Program Schools; and
WHEREAS, virtual programming for the Spring semester will allow youth at Fienberg
Fisher K-8 and Biscayne Beach Elementary School to have access to the same courses at the
same time; and
WHEREAS, the merging of class offerings will result in a decrease in the amount of
classes offered in the Spring semester, resulting in a fee reduction of$6,600 for the remainder of
the term: therefore, the City desires to amend the Fee of the Agreement for the Spring 2021
semester.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment
2. MODIFICATIONS
The Agreement is hereby amended (deleted items struck—t#rGu h and inserted items
underlined) as follows:
a) Section 3.03(B)(5) of the Agreement, entitled Fee, shall be amended, for the
Spring semester only, to include the following: The fee shall be $2,500 per curriculum
module for two (2) modules and $340 for material kits for a total amount not to exceed
$5,340 for up to 20 students per curriculum at one location, with students from both
Biscayne and Fienberg attending. Class size will be no more than 15 students per class
DocuSign Envelope ID:7E87A96A-1937-48E7-AEBA-048C922B29E8
sorted by age/grade for two classes per curriculum. Total of 40 students for the Spring
semester. The City shall pay the Fee upon completion of the Program. Pricing is listed
for two curriculum modules conducted at one location (one hour per week)for the Spring
semester(14 weeks)and material kits for one curriculum module. It is inclusive of all staff
time, use of the curriculum, materials, and mileage.
b) The agreement shall be amended to include the following new section 4.16 (E-
Verify).
4.16 E-Verify.
(A) Frost Science shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Frost Science shall register
with and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Frost Science
shall expressly require any subcontractor performing work or providing services
pursuant to the Agreement to likewise utilize the 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 Frost Science enters into a
contract with an approved subcontractor, the subcontractor must provide the Frost
Science with an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. Frost Science shall maintain a copy
of such affidavit for the duration of the Agreement or such other extended period as
may be required under this Agreement.
(B) TERMINATION RIGHTS.
1. If the City has a good faith belief that Frost Science has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement
with Frost Science for cause, and the City shall thereafter have or owe no
further obligation or liability to Frost Science.
2. If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 4.16(A), but Frost Science otherwise complied with
such subsection, the City will promptly notify the Frost Science and order the
Frost Science to immediately terminate the Agreement with the
subcontractor. Frost Science's failure to terminate a subcontractor shall be
an event of default under this Agreement, entitling City to terminate the Frost
Science 's contract 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 Frost Science 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 Frost Science under the foregoing
Subsection (B)(1), Frost Science may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
6. Frost Science is liable for any additional costs incurred by the City as a result
of the termination of this Agreement under this Section 4.16.
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DocuSign Envelope ID:7E87A96A-1937-48E7-AEBA-048C922B29E8
3. RATIFICATION
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by: DocuSigned by:
DS r DS
By. 24AO:A13ADDC4DS... yavu/enro2aec0
Rafael E. Granado, City Clerk Raul J Aguila, Interim City Manager\\\
2/12/2021 1 3:22 PM EST
Date
MUSEUM OF SCIENCE, INC.
ATTEST:
DocuSigned by: DocuSigned by:
By. CO3 D067427_ 188C3661 CD6467
Secretary Knight VP of Education President Senior vice President, Administration
Angela Colbert Neil Kurlander
Print Name Print Name
2/11/2021 1 1:48 PM PST
Date
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney 'AV Dote
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