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Professional Services Agreement between SNAP MIAMI LLC and CMB uocubign tnveiope lu:4165L U85B-F415-4142-8E41-8B5A19073FFC MIAMI BEACH OFFICE OF HOUSING & COMMUNITY SERVICES DATE: 06124/2021 TO: Alina T. Hudak, City Manager DS FROM: Maria L. Ruiz, Department Director 1 kr SUBJECT: PSA between City and Subcontractor, Snap Miami LLC f-DS ROUTING: dhtik 1. Marcia Monserrat . Q —DS Chief of Staff 2.Alina T. HudakCity Manager 3. Rafael E. Granada . �� City Clerk For: (check the one that applies) Information Only Review and approval 1. City Manager's Signature 2. Other Signature: City Clerk, Other COMMENTS: The City was awarded a renewal grant from The Children's Trust to provide the All Stars youth development program for the community's middle school-aged youth.The All Stars Program has contracted with Snap Miami LLC to provide summer STEM curriculum group sessions. On February 12, 2020, the Mayor and City Commission adopted Resolution No.2020-31153,which "authorizes the City Manager to execute any and all documents or agreements in connection with the grant." The 2020-21 Children's Trust grant agreement has been fully executed. Therefore, all sub agreements are ready to be executed. Return to: Gabriela Manors X22303 gabrielamanon(c miamibeachfl.gov Date Needed:ASAP DocuSign Envelope ID:4B3GC85B-F415-4142-8E41-8B5A19073FFC PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SNAP MIAMI LLC FOR YOUTH STEM (SCIENCE, TECHNOLOGY, ENGINEERING & MATHEMATICS) SERVICES, PURSUANT TO THE CITY'S YOUTH ENRICHMENT INITIATIVE This Professional Services Agreement ("Agreement") entered into this 24 day of June 2021, but shall be effective retroactively as of June 14th, 2021 (the "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 SNAP MIAMI LLC, whose address is 5001 Collins Ave., PH1, Miami Beach, FL 33140, ("Contractor")(collectively, the "Parties"). 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 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. 1 L+utoUVIVII uwowj. Iv.41DAl,l•OOD-r4IO-'4144-OC4I-OD3Hwu(. rrt, SECTION 2 SCOPE OF WORK[SERVICES) 2.1 In consideration of the Fee to be paid to Contractor by the City Contractor shall provide up to eighty four (84) STEM curriculum group sessions during Summer and include STEM materials for participants, as further described in Exhibit"A,"entitled"Scope of Services"hereto (the "Services"). 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 Although Contractor may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Contractor; where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be performed in accordance with the guidelines set forth in Exhibit "A" hereto, 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: Maria Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, Florida, 33139 2.4 Contractor agrees to be bound by and shall fully comply with the terms of the contract, with an effective term from June 14, 2021 through July 31, 2021, between The Children's Trust and the City, for youth enrichment, employment and supports through the Miami Beach All Stars Program ("Program"), which is incorporated herein and attached hereto as Exhibit "C" ("The Children's Trust Grant Contract"). SECTION 3 TERM The term of this Agreement (Term) shall commence retroactively as of the Effective Date and shall terminate on July 30, 2021. All Services to be rendered shall be completed no later than July 30, 2021. 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 a total amount not to exceed Thirteen Thousand Four Hundred and Forty ($13,440). 4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit "A", as follows: 2 uocu ign tnvelope IU:4tiJl:l:i55t5-r41 -4142-tSt41-t t Al 1U/:irr(: a) Provision of six(6)weekly hours of STEM curriculum per cohort(2), three (3)times per week (Monday, Thursday, Friday) for seven (7) weeks, at a rate not to exceed one hundred and sixty dollars ($160.00) per hour for a total cost not to exceed thirteen thousand four-hundred and forty($13,440.00). #of not Breakdown Hourly rate Cohorts Hours/Week IS of Weeks Total Cost $ 160.00 1 6 7 $ 6,720.00 $ 160.00 1 6 7 $ 6,720.00 $13,440.00 b) Contractor will provide a minimum of one (1) instructor for each cohort of 15-20 participants. Two(2)cohorts as scheduled: Cohort 1) 11:OOam-12:00pm; Lunch Break; Resume 1:OOpm-2:OOpm; Cohort 2) 2:OOpm-3:OOpm; Snack Break; Resume 3:15pm- 4:15pm. 4.3 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". - 4.4 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 form 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). Contractor shall submit monthly Reimbursement Requests, Monthly Service Summary Reports, and accompanying Monthly Client Status Lists, as set forth in Exhibit "B", which include an itemized, detailed description of the Services, or portions thereof, provided (including the names of the clients served and dates of service provision)and cost(s)for same. Invoices shall be signed by an authorized employee of the Contractor, shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Maria Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, Florida, 33139 3 DocuSlgn Envelope ID:4B3CC85B-F415-4142-8E41-8B5A19073FFC 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 by 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 TEN (10) 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. 4 uocu ign tnvelope IU:4tUi(Gtf5tf-x415-414Z-dt41-t3t35A19U73FFG SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of 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. 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 Contractor'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. The insurance certificates for General Liability shall include the City as • an additional insured and shall contain a waiver of subrogation endorsement. 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. 5 uocuoign tnveiope iu:41J3l,l;tsbts-r41 b-4141-ot41- tibA19U(3FFC 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 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, 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 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 [INTENTIONALLY DELETED] 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, 6 uocuign cnveiope iu.4133‘..A.,0313-1-4I3-4i4o-ac41-aooraiau(.rrL, 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. (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) 7 w,A I...JAY .Ivry Iv.'.uVVVVJU-1-IJ-rI`TG-c tI-OOJ"I or r', years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. 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 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 [INTENTIONALLY DELETED] 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 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. 8 uouuJiyn envelope iu:4a31,1.6Qa-r4-I0-414L-0t4I-803I".I UU(Srrl. In addition, Contractor shall obtain and maintain in full force and effect during the term of this Agreement any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal government. Contractor must be qualified and registered to do business in the State of Florida both prior to and during the Agreement term with the City. 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 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. 9 uocuaign cnveiope iu;4t53l;GtsOtt-1-410-4141-11t41-865A19073FFC (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 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 uocu ign tnveiope lu:4bil:,t3=-r415-414L-t 4]-t bA1'Ju(:irrl; 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 no case within fifteen (15) business days thereof, provide notice of (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 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, 11 ...u.nI uI VGIVI/O w.YOsn.A,C JI-r'4 IO-Y IYL-OC4 I-ODU/1 I.7U/JrrL 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 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 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 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 agreement 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 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 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. 12 uocu ign tnvelope lu:4tSJl:LZOI:S-1-4"1b-4141-lit41-titSSA1 911i:511-C; SECTION 1)( I-I- 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: SNAP MIAMI, LLC Attn: Maria Forero, Executive Director 5001 Collins Ave, PH1 Miami Beach, FL 33140 (720)204-0507 TO CITY: City of Miami Beach Office of Housing and Community Services Attn: Maria Ruiz, 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. 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 13 uoculgn Lnvelope lu:4t33GCS56--415-4142-BE41-BB5A19073FFC 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 [INTENTIONALLY DELETED] 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. 12.6 STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS Level 2 background screenings must be completed through the Florida Department of Law Enforcement(FDLE)VECHS (Volunteer& Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted from those agencies that already conduct business with either the Florida Department of Children and Families (DCF), the Florida Department of Juvenile Justice (DJJ) or Miami-Dade County Public Schools (M- DCPS). In addition: 1. Contractor shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. The affidavit shall cover employees, volunteers and subcontractors performing Services under this Contract who are required to complete a Level 2 background screening as defined in this section. 2. Contractor shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements. 3. Contractor shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care Attestation of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements, in Contractor's personnel, volunteer, and subcontractor files. 4. Contractor shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening no later than every five (5) years. To ensure that none of its employees are identified on the Dru Slodin National Sex Offender Public Website(NSOPW), Contractor is required to review said site annually, at minimum. If a Contractor's employee is on the list, the employee must be removed from The Children's Trust funded program immediately. Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465 and 1012.468, Florida Statutes, all employees, volunteers and subcontracted personnel who work in direct contact with children or who may come into direct contact with children at the site in question must complete a Level 2 background screening and comply with the requirements thereto prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide more than ten (10) hours of Service in any given calendar year to children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives, contractors or subcontractors who have not 14 iocu ign tnveiope IU:4Csl.l.t 3b-I-415-4144-0t41-2 \1 SU/srrl; completed a Level 2 background screening and appear on the site should be escorted to their work areas and supervised for the entire time they are present on the site by a member of City's staff who has satisfactorily completed a Level 2 background screening. 12.7 CONFIDENTIALITY Contractor and the City understand that during the course of performing the Services hereunder, each party may have access to certain information or records of the other party that are specifically designated as "confidential" or "exempt" from Florida's Public Records laws, pursuant to state or federal statute or regulations, such as social security numbers, financial account numbers, credit card numbers, or biometric identification information. The Parties shall protect such confidential and/or exempt information and comply with applicable federal and state laws on confidentiality, and engage in measures to prevent unauthorized use, dissemination, or publication of this confidential information regardless of the source of such information. Any confidential information must be clearly marked as such. 12.8 DATA SECURITY OBLIGATION Contractor shall maintain an appropriate level of data security for the personally identifiable information (PII) Contractor is collecting or using in the performance of this Contract. PII is information that can uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify individuals. Contractor shall maintain and adhere to a written Data Security Policy that addresses requirements regarding the protection of PII from unauthorized access and protection against data breaches and ensures Contractor is in compliance with applicable federal and state standards with respect to transmission, receipt and storage of PII on Contractor's computing network and as paper records. This policy shall address the topics of computer passwords, screensavers that lock computers, securing physical facilities, storing data, data use, data confidentiality agreements, and staff training related to the policy. Additionally, Contractor is responsible for approving and tracking all Contractor employees who request system or information access and ensuring that user access has been removed from all terminated employees of Contractor. All employees and independent contractors performing work or duties related to this Agreement will sign a Data Confidentiality Agreement prior to beginning work related to this Contract. Contractor must also abide by all requirements to protect client protected personally identifiable information (PPII). Contractor shall fully comply with the data security obligations set forth in Exhibit "C" Section 0-13, entitled'Data Security Obligation"and in Exhibit"C"Attachment G,entitled Data Security Definitions. 12.9 CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider shall comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws that mandate the accessibility of programs, services, and benefits for persons with disabilities. The Children's Trust also requires Provider implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. 12.10 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Contractor 15 uocuign tnveiope Iu:41:1UL:601J-1-415-414'2-oh41-t b Al iU/;ihI-C 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. 12.11 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to the Services described herein and are intended or represented for ownership by the City. Any re-use, distribution, or dissemination of same by Contractor, other than to the City, must first be approved in writing by the City Manager, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. Any patentable and/or copyrightable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City, in perpetuity, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for patent or copyright by or on behalf of the Contractor (or its employees or sub-contractors, if any) without the prior written consent of the City Manager,which consent, if given at all, shall be at the Manager's sole and absolute discretion. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 16 uocublgn tnveiope iu:4tiil;L bti--41b-4141-dt41-titibAl9U(3--l; 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: DocuSigned by: DocuSigned by: Eg66141" IsItt46 atilAA By: FABBBAODrDGE Cr... 7AC29Cr9401940C.. Rafael E. Granado Alina T. Hudak City Clerk City Manager 6/24/2021 l 1:15 PM EDT Date FOR CONTRACTOR: SNAP MIAMI, LLC ATTEST: —DocuSigned by: 64" 17Mt%24/2021 i 7:26 AM PDT By: E5B4BS6iae9B49B... Maria Forero/ Executive Director Print Name/Title Print Name/ Title Date APPROVED AS TO FORM & LANGUAGE & FO EXECUTION 010 ofto 04 17 *City Attorney 11, Date uocubign tnveiope iu:4t33CC85t3-F415-4142-8E41-8B5A19073FFC EXHIBIT "A" "SCOPE OF SERVICES" 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 All Stars Prosram: Service Units of Documentation of Service Service Summer 84 Completion and execution of the following documents: STEM • Attendance form signed by all participants and instructors Curriculum • Student Attitude Toward STEM Scales:pre and post test sessions Provision of the following: • SNAP MIAMI LLC will provide STEM training, formal, and informal for instructors. • Attendance sheet: Instructors are required to sign in and out for each training session. • Participation waivers must be signed by all instructors in STEM/STEAM sessions. • SNAP MIAMI LLC will provide two trained instructors to help guide participants on site for 2 hours during each STEM session. • Instructors must provide a copy of their certification. • SNAP MIAMI LLC will provide all supplies/equipment for activities. • SNAP MIAMI LLC will provide sanitize all supplies/equipment for activities before each session. Related Definitions: Student Attitude Toward STEM—Student Attitude Toward STEM is an instrument to measure the current level of attitude that students exhibit toward STEM education. A pre-test is administered to each participant and collected within the first week of STEM sessions and a post-test is administered to each participant and collected on the last day of STEM session. Description of activities: The Snapology Approach: • "Our activities are designed to reinforce core STEAM (Science, Technology, Engineering, Art, and Math) and literacy competencies and curricula being taught at each grade level and during school years. We provide a hands-on, interactive and fun learning experience for children to learn because research has shown that many of children's best learning experiences come when they are engaged not simply in interacting with materials but in designing, creating, and inventing with them. Our activities offer students an environment where they are encouraged to create and interact with materials and technology enabling them to explore solutions through hands-on "playful" learning." 18 DocuSlgn Envelope ID:4B3GG85B-F415-4142-SE41-8135A19073FFC STEM activities are tailored to student ages, grades and abilities. Typical STEM related activities that SNAP MIAMI LLC provides for students in middle school grades are: Robot Challenge, Drone Commander, Alternative Energy, Amusement Park Adventures, Science of Sports, Mechanical Masterminds, Incredible Inventions, Movie Animation. Services must be provided in accordance with the timeline below and in response to client needs. Should the Contractor encounter challenge in meeting the below stated 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. 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. Service Deliverables Summer Services must be delivered as follows: June 14th, 2021—July 30, 2021 Service Summer STEM curriculum sessions Frequency _ ___ 3 times per week (Monday, Thursday, Friday) Intensity 2 hours per session Duration 7 weeks 84 Total sessions (42 sessions x 2 cohorts) # of Sessions offered "Two cohorts in the same day(each 15-20 students) will be provided with STEM sessions. Monday, Tuesday, Thursday Schedule `If a scheduled session falls on a no school day(e.g. a holiday or instructor planning day), Services will be performed on the next closest service day. Time Cohort#1: 11:OOam-12:00pm; Lunch Break; Resume 1:OOpm-2:OOpm; Cohort#2: 2:OOpm-3:OOpm; Snack Break; Resume 3:15pm-4:15pm. Location Nautilus Middle School with appropriate CDC safety measure in place. *Schedules are subject to change based on changes to the Miami-Dade County Public School's calendar and All Stars Program calendar. Should any schedule changes occur Contractor will be notified. Program staff will make every effort to reschedule any cancelled sessions within the summer programing dates, June 14, 2021 —July 30, 2021. Service Documentation Services will be deemed as provided when the following documentation is submitted within the noted timeframes: Document Timin• ; Submission Deadline Attendance Each session (signed by all in attendance). Same day of provision of Forms service. Student Attitude • Pre-test is administered to each Same day of provision of Toward STEM- participant and collected within the first service. Pre and Post week of summer camp. test • Post-test is administered and collected on the last day of STEM session. 19 Communication Requirements& Expectations Contractor's staff members must confirm receipt of all forms of communication, including emails, phone calls, and text messages, no later than 48 hours from time of submission. If a staff member is unable to respond within the required timeframe, that staff member must assign a surrogate point of contact that will be able to fulfill the communication requirements in the staff member's stead. Penalties for Failure to Perform If the Contractor fails, on two occasions, to submit required, accurate documentation in the timeframe allotted, including the absence of notification email, the Contractor will forfeit one (1%) 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 Agreement Term, the Contractor is subject to the termination of any further Service referrals but will be allowed to complete the Service units allotted to existing clients. The decision to cease additional referrals rests in the sole discretion of the City. "Required, accurate documentation" may refer to: • Contractor Monthly Invoice • The Service Report • The City's Reimbursement Report, reflecting in-kind hours, contributions, and/or leverage, if applicable • Notification Emails • Any document required by this Agreement. * The above documentation to be submitted together on a monthly basis. If any individual employed by or independently contracted with the Contractor fails, on more than one occasion, to attend or arrive on-time to a scheduled session without notifying the City of an impending absence or tardiness, the City reserves the right to remove that individual from the Contractor's staff roster for the purposes of this Agreement. 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/contractor file for those employees/contractors providing Services under this Agreement: • Resume demonstrating relevant experience • Evidence of credentials, e.g. diploma, degree, training certificates, and licenses, as required by position • Job Description Signed by Employee 20 pUUU.71 11 LI IVGIUFJG IU.`YOO JOJp-IY IJ'Y 1'fL-UL'f 1-ULJf\I.7UI J1 Il, • Acknowledgement of agency policies & procedures , • Documentation of Agency Training/In-Service Training • 1-9 Verification on File • National FBI Background Criminal Screening (Level 2)or Attachment E-1: "Affidavit for Level 2 Background Screenings" (found at the end of Exhibit "C") • Exhibit"C" Attachment E-2: Affidavit of Good Moral Character • Exhibit"C"Attachment E-3: Child Abuse & Neglect Reporting Requirements • Exhibit"C" Attachment E-4: Background Screening & Personnel File Requirements • 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 • Certificates of Completion for required/recommended City, Children's Trust and/or Agency Trainings. 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. Evaluation In the continuing effort to ensure programmatic excellence, the City with provide participants with evaluation forms at the end of each programming component to gauge their satisfaction with Services provided. The City may conduct intermittent performance evaluations for the purpose of monitoring the Contractor's performance and will conduct said evaluations utilizing a tool of its choice and at its sole discretion. Reporting Requirements Contractor will provide the City with a reimbursement request utilizing the City's Reimbursement Report Form (Exhibit"B") and a Service Summary Report due by 5:00 PM on the fifth (5t') of every month, once fully contracted Services are completed. The client list detailing the dates, Services provided, and clients receiving said Services (Attendance Sheet) 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: • Tuesday July 6, 2021 • August 5, 2021 Monthly reports and reimbursement requests may be submitted via any of the following methods: • Electronic mail • Hand delivery Monthly reports will not be considered acceptable unless the following are met: • Forms are completely and accurately filled and submitted all together 21 • Necessary back-up materials are included (Service documentation, attendance/ sign- in sheets, etc.) • Reports bear the signature and initials of the authorized agency representative submitting the report on behalf of Contractor where indicated Monitoring & Performance Reviews The City and/or The Children's Trust 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 and completion of monitoring documents, such as The Children's Trust On- Site Subcontractor Monitoring Tool • Inspection and review of client and employee files (for those employees providing Services under this Agreement) • Review or audit of records to ensure compliance with applicable accounting, financial and programmatic standards • Exchange information about Agreement, Program and/or fiscal issues The Children's Trust monitoring will take place between July 6, 2021 and July 30, 2021. The City will notify the Contractor a minimum of one (1) business day notice prior to an on-site monitoring visit. Promotion & Public Relations The Contractor may agree to promote the City of Miami Beach All Stars Program by: • Displaying and/or distributing marketing materials (brochures, flyers, etc.) provided by the Program staff • Creating a web link between the Contractor's website and the Program webpage administered by the City • Promoting the Program on Contractor's social media websites • Creating multimedia content regarding participants and programming for promotion provided that written Authorization for Photography/Video is on file with the City • Indicating membership in the City of Miami Beach All Stars Program in all self-produced marketing materials that are produced for the benefit of youth and families Training Requirements Contractor agrees to send its administrative and direct service staff to relevant agency, City and Children's Trust required and recommended trainings. In the event that any Contractor staff member does not satisfy training requirements or does not attend one or more of the required agency, City or Trust provided trainings, the City, at its sole discretion, reserves the right to remove the staff member from the Contractor's roster for the purposes of this Agreement. The City will advise the Contractor should any additional training requirements arise throughout the year. All Stars Meeting Attendance The Contractor is required to have representation at mandatory Miami Beach All Stars partner meetings. Meetings may be held in-person or by means of telephone/online conference. If the 22 uocu ign tnvelope lu:41:SSUL *16-I-415-4142-dt41-01:50H1JU(Jrr� Contractor fails to have representation at required meetings, the City reserves the right to reduce contracted Service levels at its sole discretion. STEM Instructors Contractor will provide the City with following information for each instructor: • Name • Resume • Phone number • E-mail address • Language Skills (bilingual preferred) • Credentials, to include degrees, certificates and licenses, as required by position • Contractual agreement between Contractor and facilitator 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 staff members agree to adhere to Program's behavior management guidelines. 23 uul.0 Iyll C11VC10pe IIJ.4DJl,lro0o-1-'+ 144-0C4 1-0130/1 IUU/JI-rl, EXHIBIT "B" INVOICING The Contractor agrees to provide the invoicing and Services documentation along with utilizing The City's following form attached herein: • Monthly Reimbursement Report. 24 vVVUUIyI I UIIVGIVFIG IU.YUJV VVJU-1 YI Jfl IYG-L11.Y 1-0UJA I OF I EXHIBIT "C" THE CHILDRENT'S TRUST GRANT CONTRACT The following reference documents are attached: • The 2020-2021 Children's Trust Youth Enrichment Contract No. 2016-1090 25 RESOLUTION NO. 2020-31153 ' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDING, AND APPROVING AND AUTHORIZING (AND, AS TO CERTAIN AGREEMENTS RETROACTIVELY APPROVING AND AUTHORIZING) THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR AND ACCEPT FUNDING (INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS, PROGRAMS, AND AGREEMENTS: 1) FLORIDA DEPARTMENT OF TRANSPORTATION, COUNTY INCENTIVE GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $2.1 MILLION; 2) BLOOMBERG PHILANTHROPIES, ASPHALT ART INITIATIVE, IN THE APPROXIMATE AMOUNT OF $25,000; 3) THE KNIGHT • FOUNDATION, DATA FOR CIVIC ENGAGEMENT GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $150,000; 4) MIAMI BEACH VISITOR AND CONVENTION. AUTHORITY, TOURISM ADVANCEMENT PROGRAM IN THE APPROXIMATE AMOUNT OF $75,000; 5) U.S. DEPARTMENT OF HOMELAND SECURITY, URBAN AREA SECURITY INITIATIVE, IN THE APPROXIMATE AMOUNT OF$180,000 FOR FISCAL YEAR 2020 FUNDING; AND, 6) RENEWAL OF THE CHILDREN'S TRUST YOUTH ENRICHMENT GRANT PROGRAM IN THE APPROXIMATE AMOUNT OF $372,000. WHEREAS, the City Administration applies for grants and external funding from outside organizations; and WHEREAS, the City Administration requests approval to apply for funding for funds in the amount of approximately $2.1 million from the Florida Department of Transportation, County Incentive Grant Program, the details of which are as follows: • $1,516,000 for the rehabilitation of the 23rd Street Complete Street Project. A. This project will dramatically improve traffic flow and provide more safety to pedestrians on 22nd Street, 23rd Street and Park Avenue. Project components include, but are not limited to signal timing modifications, traffic calming improvements and new bicycle lanes. The project will reduce greenhouse gases and improve environmental resiliency. B. The total project cost is $3,032,000. The City is requesting funding in the approximate amount of $1,516,000. Matching funds in the amount of $1,516,000 are required by this grant and the match is available from City of Miami Beach GO.Bond #43, Capital Project No. 68619. • • $570,111 for the rehabilitation of the Chase Avenue and 34th Street Shared User Path Project. • C. The project will dramatically improve traffic flow and provide more safety to pedestrians on 22nd Street, 23rd Street and Park Avenue. D. The project consists of a new shared-use path along the south side of both Chase Avenue and 34th Street that provides multi-modal connectivity between the proposed Alton Road Shared-Use path to the south and the existing green bicycle lanes on Prairie Avenue to the east. E. The project also includes traffic calming improvements along with pedestrian and bicycle safety improvements at the intersection of Alton Road/Chase Avenue/North Bay Road. F. The total project cost is $1,140,300. The City is requesting funding in the approximate amount of $570,111. Matching funds in the amount of $570,111 are required by this grant and the match is available from City of Miami Beach GO Bond #43, Capital Project No. 68619; and WHEREAS, the City Administration requests approval to apply for funding for funds in the amount of approximately $25,000 from the Bloomberg Philanthropies, *Asphalt Art Initiative Grant Program for the North Beach: One City, One Community, One Team project, the details of which are as follows: • The Asphalt Art Initiative grant program is designed to fund visual art interventions on roadways, pedestrian spaces, and public infrastructure in small- and medium sized U.S. cities with the goal of improving street and pedestrian safety, revitalizing and beautifying underutilized public space, and promoting collaboration and civic engagement in local communities. • The project will include the selection of an artist, design and installation of the art. An artist or several artists may be selected to develop a proposal for the .project or produce the desired works of art through a Call for Artists. • The City's Art in Public Places Committee will be responsible for the creative vision of the project. The Administration will engage the community in the surrounding neighborhood throughout the project's planning, development and implementation by hosting a community meeting to obtain input from the residents on the artwork image for the lot. • The City is requesting funds for the revitalization and beautification of the lot located at 82nd Street and Collins Avenue in the approximate amount of$25,000. • Matching funds are not required; and' WHEREAS, the City Administration requests approval to apply for funds, in approximate amount of $150,000, from the Knight Foundation, Data for Civic • • • • Engagement Grant to develop .6 Best Practice•.Standard. for Municipal-•Bond- Program . • Communication; the details*of which are as follows: - - - . • The Knight Foundation is .a national foundation with strong local roots -and.is looking for new ways in which they can transform how data is collected and::used to build stronger, thriving, and.more engaged communities.. : .: . . • • The City is requesting funds for the developmentof a best practice:standard for municipal bond:program communication, using www.GOMBInfo.com as a model.' • • . The Administrationis requesting funding, in the approximate amount of.$150,000 . to expand and upgrade the existing Open. Data. Dashboard system to include • . features such as-GIS.mapping and dynamic visualization.features.:• : . • • This'would provide citizens; project manager; bond investors and the'community . with an invaluable•tool to•monitor the .00 Bond Program. .This-:grant does. not .., require Matching'funds; and • • • . . • • WHEREAS, the City Administration requests approval to apply for grant funds, in the approximate amount. of $75,000 from the Miami Beach Visitor and Convention Authority, Tourism Advancement.Program, for the No-Vacancy;Miami Beach Project,-the - details of which-are as follows: • The mission of the Miami Beach Visitor and Convention Authority("MBVCA") is to • encourage, develop and promote the image of Miami Beach locally, nationally and internationals as a.vibrant community andsuperb tourist destination.:The MBVCA proactively recruits, develops; promotes and financially'supports and.partners with • • . • . • events, festivals, programs and activities that are innovative, high quality and . . . . 0 representative of our city.and garner positive or noteworthy media.awareness and • enhances the•city's reputation. • • • The Administration is requesting funding for 'No Vacancy, a contemporary art • project that invites the public to experience Miami Beach's hotels as destination art spaces by turning.hotels into temporary cultural institutions.: Art will be exhibited throughout ten hotels in Miami Beach and will be free and open to the public. • The City. is -requesting $75,000 for artists, installation, marketing and project management. Matching funds in the amount of$75,000 are available from Account • Number: 011-0383-000374-25-406-551-00-00-00; and • WHEREAS, the City Administration requests :approval to.apply for funds in the • • . amount of .$180;000 for Fiscal 'Year 2020 from the U.S. Department of. Homeland • Security, Urban Area Security Initiative, the details of which are as follows: • The Urban Areas Security Initiative ("UASI") Program .is funded_ through the . U.S. Department of:.Homeland Security -and-funds are intendedto assist high- uoouaign anveiope iu:4o,t,L.00a-r'+I O-4 i'+c-aa'+i-oDOn i au(Drru • • threat, high-density Urban Areas to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. • The federal government allocates funding to the different Urban Area groups based on a risk-based methodology. UASI funds assist in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and • recover from acts of terrorism. • The Administration has been notified that additional funding for the Fiscal 2020 grant program may be available and the City is therefore requesting the additional funding, in the approximate amount of.$180,000 as part of a collaborative effort with the Miami Urban Area Working Group. • . The City will be utilizing the additional grant funds for Miami Beach security initiatives, including physical security enhancements to 'City Hall and increasing the capability of the City's emergency response departments. The project will improve the capacity and capability of the City's teams and lead to more positive outcomes. • Matching funds are not required for this grant; and WHEREAS, the City Administration requests approval to re-apply for funds in the• amount of $372,000 from the Children's Trust Youth Enrichment Grant Program for the City's All Start Program, the details of which are as follows: • The City of Miami Beach is requesting a renewal grant from The Children's Trust for the All Stars Youth Enrichment Program in the amount of $372,000 for.the service period of August 1, 2020 through July 31, 2021. • Through a structured design of evidence-based and outcomes-driven practices and strategies, All Stars seeks to promote the academic success and positive personal development Of underserved youth within the community. • During the school year,All Stars serves approximately 135 Nautilus Middle School • students through its after-school program housed within the school. During the after-school program, highly interactive, skill building activities are provided in the following focus areas: academics, social-emotional •learning, STEAM, fitness, entrepreneurship, and community service. During the summer, All Stars serves approximately 35 middle school-aged youth throughout the community through its STEAM program at Miami Beach Regional Library. . • Meals and transportation are provided for both the after school and summer program. Through funding from The Children's Trust and partnerships with Miami- Dade County Public Schools and the Miami-Dade Public Library System, the City is able to provide all program offerings at no cost to the community's families. . • The City is requesting renewal funding in the approximate amount of $371,089. Match funds are not required. 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 approve and authorize (and, as to certain agreements retroactively approve and authorize) the City Manager, or his designee, to apply for, accept and appropriate funding (including matching funds and any related city expenses), and to execute any and all documents or agreements in connection with the following grants, programs, and agreements: Florida Department of Transportation, County Incentive Grant Program, in the approximate amount of$2.1 Million; 2) Bloomberg Philanthropies, Asphalt Art Initiative, in the approximate amount of $25,000; 3) the Knight Foundation, Data for Civic Engagement Grant Program in the approximate amount of $150,000; 4) Miami Beach Visitor and Convention Authority, Tourism Advancement Program.in the Approximate Amount of$75,000; 6) U.S. Department of Homeland Security, Urban Area Security Initiative, in the approximate amount of$180,000 for Fiscal Year 2020 Funding; 7) Renewal of the Children's Trust Youth Enrichment Grant Program in the approximate amount of$372,000. PASSED and ADOPTED this as day of F�.hr"e'r , 2020. • .4dvalm MeV Dan Gelber, Mayor ATTEST: 4(VP '�Raf el E. Grao, City Clerk it IINCORP ORATED•' • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c� ,7-3— L City Attorne Date N Resolutions -C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDING, AND APPROVING AND AUTHORIZING (AND, AS TO CERTAIN AGREEMENTS RETROACTIVELY APPROVING AND AUTHORIZING) THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR AND ACCEPT FUNDING (INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS, PROGRAMS, AND AGREEMENTS: 1) FLORIDA DEPARTMENT OF TRANSPORTATION, COUNTY INCENTIVE GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $2.1 MILLION; 2) BLOOMBERG PHILANTHROPIES, ASPHALT ART INITIATIVE, IN THE APPROXIMATE AMOUNT OF $25,000; 3) THE KNIGHT FOUNDATION, DATA FOR CIVIC ENGAGEMENT GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $150,000; 4) MIAMI BEACH VISITOR AND CONVENTION AUTHORITY, TOURISM ADVANCEMENT PROGRAM IN THE APPROXIMATE AMOUNT OF $75,000; 5 ) U.S. DEPARTMENT OF HOMELAND SECURITY, URBAN AREA SECURITY INITIATIVE, IN THE APPROXIMATE AMOUNT OF $180,000 FOR FISCAL YEAR 2020 FUNDING; AND, 6) RENEWAL OF THE CHILDREN'S TRUST YOUTH ENRICHMENT GRANT PROGRAM IN THE APPROXIMATE AMOUNT OF $372,000. RECOMMENDATION Adopt the Resolution. BACKGROUND/HISTORY The City of Miami Beach applies for various grants and funding allocations from external agencies and organizations. Information regarding the projects and funding sources are included in the Analysis Section of this Agenda Item. ANALYSIS 1. Florida Department of ransportation. County Incentive Grant Program in the approximate amount of$2.1 Million for the 23ml Street Complete Streets Project and the Chase Avenue/341' Page 228 of 1185 • Street Shared Use Path Project. Florida Department of Transportation's Country incentive Grant Program provides grants for local projects that relieve congestion on the State Highway System. To be eligible for consideration, municipalities must apply through their respective Counties. Projects must be consistent, to the maximum extent feasible, with local transportation planning organization plans and local government comprehensive plans. The City is requesting funds for the following projects: 23d Street Complete Streets Project-$1.516.000 The City is requesting funds for the 23rd Street Complete Street Project. The project will dramatically improve traffic flow and provide more safety to pedestrians on 22nd Street, 23rd Street and Park Avenue. Project components include, but are not limited to signal timing modifications, traffic calming improvements and new bicycle lanes. The project will reduce greenhouse gases and improve environmental resiliency. The total project cost is $3,032,000. The City is requesting funding in the approximate amount of $1,516,000. Matching funds in the amount of $1,516,000 are required by this grant and the match is available from City of Miami Beach GO Bond#43, Capital Project No. 68619. The Chase Avenue and 34�Street shared Use Path Project-$570.111 The City is requesting funds for the Chase Avenue and 34th Street Shared Use Path Project. The project consists of a new shared-use path along the south side of both Chase Avenue and 34th Street that provides multi-modal connectivity between the proposed Alton Road Shared- Use path to the south and the existing green bicycle lanes on Prairie Avenue to the east. The project also includes traffic calming improvements along with pedestrian and bicycle safety improvements at the intersection of Alton Road/Chase Avenue/North Bay Road. The total project cost is $1,140,222. The City is requesting funding in the approximate amount of$570,111. Matching funds in the amount of$570,111 are required by this grant and the match is available from City of Miami Beach GO Bond#43, Capital Project No. 68619. 2. Bloomberg Philanthropies. Asphalt Art Initiative Grant Program in the approximate amount of $25.000 for he North Beach: One City, One Community. One Team Project. The Asphalt Art Initiative Grant Program is designed to fund visual art interventions on roadways, pedestrian spaces, and public infrastructure in small- and medium-sized U.S. cities with the goal of improving street and pedestrian safety, revitalizing and beautifying underutilized public space, and promoting collaboration and civic engagement in local communities. The City is requesting funds for the revitalization and beautification of the lot located at 82nd Street and Collins Avenue in the approximate amount of $25,000. The project will include the selection of an artist, design and installation of the art. An artist or several artists may be selected to develop a proposal for the project or produce the desired works of art through a Call for Artists. The City's Art in Public Places Committee will be responsible for the creative vision of the project. The Administration will engage the community in the surrounding neighborhood Page 229 of 1185 • throughout the project's planning, development and implementation by hosting a community meeting to obtain input from the residents on the artwork image for the lot. Matching funds are not required. 3. The Knight Foundation. Data for Civic Engagement Grant Program. in the approximate amount of $150.000 to develop a Best Practice Standard for Municipal Bond Program Communication. • The Knight Foundation is a national foundation with strong local roots and is looking for new ways in which they can transform how data is collected and used to build stronger, thriving, and more engaged communities. The City is requesting funds for the development of a best practice standard for municipal bond program communication, using www.GOMBInfo.com as a model. The Administration is requesting funding, in the approximate amount of$150,000 to expand and upgrade the existing Open Data Dashboard system to include features such as GIS mapping and dynamic visualization features. This would provide citizens, project manager, bond investors and the community with an invaluable tool to monitor the GO Bond Program. This grant does not require matching funds. 4. Miami Beach Visitor and Convention Authority. Tourism Advancement Program. in the approximate amount of$75.000.for the No-Vacancy. Miami Beach Project. The mission of the Miami Beach Visitor and Convention Authority (MBVCA) is to encourage, develop and promote the image of Miami Beach locally, nationally and internationals as a vibrant community and superb tourist destination. The MBVCA proactively recruits, develops, promotes and financially supports and partners with events, festivals, programs and activities that are innovative, high quality and representative of our city and gamer positive or noteworthy media awareness and enhances the city's reputation. The Administration is requesting funding. for 'No Vacancy', a contemporary art project that invites the public to experience Miami Beach's hotels as destination art spaces by turning hotels into temporary cultural institutions. Art will be exhibited throughout ten hotels in Miami Beach and will be free and open to the public. The City is requesting $75,000 for artists, installation, marketing and project management. Matching funds are required. Matching funds in the amount of$75,000 are available from Account Number. 011-0383-000374-25-406-551-00-00-00. 5. U.S. Department of Homeland Security. Urban Area Security Initiative. in the approximate Amount of$180.000 for Fiscal Year 2020 funding. The Administration requests approval to submit a grant application to U.S. Department of Homeland Security, Urban Area Security Initiative, Fiscal Year 2020 Grant Program, in the approximate amount of$180,000, for the City's Homeland Security Priorities. The Urban Areas Security Initiative (UASI) Program is funded through the U.S. Department of Homeland Security and funds are intended to assist high-threat, high-density Urban Areas to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The federal government allocates funding to the different Urban Area groups based on a risk- Page 230 of 1185 • based methodology. UASI funds assist in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The Administration has been notified that additional funding for the Fiscal 2020 grant program may be available and the City is therefore requesting the additional funding, in the approximate amount of$180,000 as part of a collaborative effort with the Miami Urban Area Working Group. The City will be utilizing the additional grant funds for Miami Beach security initiatives, including physical security enhancements to City Hall and increasing the capability of the City's emergency response departments. The project will improve the capacity and capability of the City's teams and lead to more positive outcomes. Matching fundsare not required for this grant. 6. Renewal of the Children's Trust Youth Enrichment Grant Program in the approximate of $372.000 for the City's All Start Program. The City of Miami Beach is requesting a renewal grant from The Children's Trust for the Ali Stars Youth Enrichment Program in the amount of$372,000 for the service period of August 1, 2020 through July 31, 2021. Through a structured design of evidence-based and outcomes- driven practices and strategies, All Stars seeks to promote the academic success and positive personal development of underserved youth within the community. During the school year, All Stars serves approximately 135 Nautilus Middle School students through its afterschool program housed within the school. During the afterschool program, highly interactive, skill building activities are provided in the following focus areas: academics, social-emotional learning, STEAM, fitness, entrepreneurship, and community service. During the summer, All Stars serves approximately 35 middle school-aged youth throughout the community through its STEAM program at Miami Beach Regional Library. During the summer, youth have an opportunity to learn, create and make, through experiential and project-based learning activities using science, technology, engineering, art and mathematics. Meals and transportation are provided for both the afterschool and summer program. Through funding from The Children's Trust and partnerships with Miami-Dade County Public Schools and the Miami-Dade Public Library System; the City is able to provide all program offerings at nocost to the community's families. The City is requesting renewal funding in the approximate amount of$371,089. Match funds are not required. CONCLUSION Based on the aforestated analysis, the Administration recommends that the Mayor and City Commission adopt the Resolution appropriating funding and approving and authorizing the City Manager or his designee to apply for and accept funds and execute all documents or agreements in connection with the grants, award programs and funding requests. Applicable Area Not Applicable Is this a Resident Right to Does this item utilize GO. Know item? Bond Funds? No No • Legislative Tracking Page 231 of 1185 1.JV{.rUJI9l I LI IVGIV1AG IL). II-1-.LJJl1 I JV/JI I V Grants Management ATTACHMENTS: Description D Resolution Page 232 of 1185