PSA with Family & Children Faith Coalition, Inc. DocuSign Envelope ID: 1AAFAE59-1693-484B-A141-7E1CD1C019F9 Z-020 3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
FAMILY &CHILDREN FAITH COALITION, INC
FOR
YOUTH SOCIAL-EMOTIONAL LEARNING (SEL) SERVICES, PURSUANT TO
THE CITY'S YOUTH ENRICHMENT INITIATIVE
This Professional Services Agreement ("Agreement") entered into this 1 day of
July 2021, but shall be effective retroactively as of June 25th, 2021 (the "Effective
Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized
andexisting under the laws of the State Of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida,33139(the"City"), and FAMILY&CHILDREN
FAITH COALITION, INC, whose address is 550 NW 42nd Ave, Miami, FL 33126,
("Contractor") (collectively, the "Parties").
SECTION 1
DEFINITIONS
Agreement; This Agreement between theCity 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 anagent 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 33.139; telephone number(305)
673-7000, Ext 6435; and fax number(305) 673-7023.
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SECTION 2
SCOPE OF WORK(SERVICES)
2.1 Contractor shall provide up to. six (6) Social-Emotional Learning (SEL) curriculum
sessions per group. Contractor will provide a minimum of one (1) instructor for each group of
15-20 participants. Two (2) groups as scheduled simultaneously Group 1 and Group 2:
1:30pm-3.30pm. Contractor will include all curriculum materials(student handouts, posters,
materials, videos, and incentives) required for curriculum fidelity implementation 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. Notwithstandingthe 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 thereare 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 Background Screening. in accordance with the requirements of Section 1012.465,
1012.32 and 1.012.467, Florida Statutes, as amended from time to time, Contractor, as an
instructional contractor will be required to submit to a criminal history check and background
screening' requirements, including level 2 screening requirements, as outlined in the above-
.referenced statutes. Addi.tionally,. Contractor agrees that each of its employees,
representatives, agents, subegencies (including chaperones and volunteers) who has direct
contact with students must meet level 2 screening requirements as described in the above
statutes. Further, upon obtaining clearance by the School Board; the Contractor's employees,
representatives, .agents (including chaperones.and volunteers) who have direct contactwith
students will obtain, a Florida Public Schools Contractor badge which shall. be worn by
Contractor's employees, representatives; agents (including chaperones andvolunteers)at all
times while on School Board property when students are present. The costs relating to the
above described criminal history checks and background screenings shall be borne by the
Contractor.
2.5 Contractor agrees to be bound by and shall fully comply with the terms.of the contract,
with an effective term.from June 25, 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 "B"
("The Children's Trust Grant Contract").
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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 shallbe 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 NO FEE
Contractor agrees to provide the Services, as described in Section 2 and Exhibit "A," free of
charge.
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 remainsuncured 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 inits 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 5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE,TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION;WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
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ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN,AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
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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.
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,andagainst 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 orotherwise 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 consideratioh 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.
62 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of$1,000,000.
2. Contractor Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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The. Insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policiesmust 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 Liabilityshall 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..
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 withthe 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 relatedto 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 breech 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.
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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,
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 placeof 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
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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'ssole 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, (bidlproposal) and contract documents, back-change documents, ail
documents and records which involve cash, trade or volume discounts, 'insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
('E) The Contractor shall make available at its office at all reasonable times the records,
materials„ and other evidence regarding the acquisition. (bid preparation), and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute Or by other clauses of this Agreement. In addition:
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 shallmake 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 agreementsexecuted by the
Contractor in connection with the performanceof 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 toimpose 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 portionof 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]
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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.
10.5 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..
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-Dad'e 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 o,degree with the performance of
the Services: 'Contractor further covenants that in the performance of this Agreement',
Contractor shall not employ anyperson 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 11:9, 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 processingsoftware, 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:
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(1) Keep and maintain public records required bythe City to perform the service;
(2) Upon request from the City's custodianof 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 11.9, Florida Statutes or as otherwise provided by law;
(8) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as,.authorized
by law, for the duration of the contract term and. following completion of the.
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public.records.
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records.that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public_.records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
('1) A request to inspect or copy public, records. relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2) avail, itself of the remedies set forth
under the Agreement; and/,or(3) avail itself of any available remedies at law or
in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorneys' fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time;and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request,. including, a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and'to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed; or certified mail, withpostage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business days
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after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE.
,APPLICATIONOF 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
9.700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOeMIAMIBEACHFL.GOV
PHONE: 305-673-7411
10:8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance
of the Contractor or the City's obligations under the Agreement; and(ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv)could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to theforegoing 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 parry.
(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
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affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or conditionexcusing 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 beforethe occurrence of a Force
Majeure event causing the suspension of performance shall not be excused.as a result
of such occurrence unless.such occurrence makes such performance not.reasonably
possible. The obligation to pay money in a.timely manner for obligations and liabilities
'which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event, of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
.regard to the notice requirements herein: Additionally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice.to Contractor of such
termination. If the Agreement is terminated pursuant to this Section, Contractor shall
be paid for any Services satisfactorily performed up to the date of termination;following
which the City shall'be discharged from any and all liabilities, duties, and termsarising
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 theextent 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
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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 filean action with,the.Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(.1')
or(B)(2)no later than 20 calendar days after the date on which the contract,was
terminated.
(5). If the City terminates the Agreement with Contractor under the foregoing,
Subsection (B)(1), Contractor may not be awarded a public contract for at least
1 year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 10.9.
SECTION 't`t
NOTICES
Ab 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: Family& Children Faith Coalition, Inc:
Attn: Josie E. Martinez, COO
550 NW 42nd Ave., 4th Floor
Miami, FL 33126
(786) 388-3000.
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.
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SECTION 12
MISCELLANEOUS PROVISIONS.
12.1 CHANGES AND ADDITIONS
This Agreementcannot bemodified 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 beenforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
•of this. Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 '[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.
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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 thatall 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 SiOdin 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
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
Cityrs 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 thet
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, creditcard 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 regardlees 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 identifieble
information (PII) Contractor is collecting or using in the performance of this Contract. Pit 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 Pit 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 Pit 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
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Confidentiality Agreement prior to beginning work related to,this Contract. Contractor must also
abide by all requirements to protect client protected personally identifiable information;(PPI1),
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 prograrnS, 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 servides. In its performance of the Servicee, the 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.
12.1.1 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 prising 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 applicetion 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials,,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
r—DocuSlgned by: ,—DocuSigned by:
By: rafati, Gratia d e QLitn a tWat
A98 4CF... 7A t 3 01 9 ...
arae Aiz. ranado. Alma .`l-PuaakC
City Clerk City Manager
July 1, 2021
Date
FOR CONTRACTOR: FAMILY & CHILDREN FAITH
COALITION, INC
ATTEST:
DoeuSigned by:
By:
[2°61:
w e• /2021 I 8:14 AM PDT
.iO4 uurrru4bb...
Josie E. Martinez/COO
Print Name/Title Print Name/Title
Date
• PPrE,r' AS TO
FO P & NGUAGE
FO XECUTION
4/701
City Attorney Dote.
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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 Program:
Service Units of Documentation of Service
Service t
SEL (Social- 12 Completion and execution of the following documents:
Emotional • Attendance form signed by all participants and instructors
Learning)
Curriculum. Provision of the following:.
sessions . Trained facilitators who will facilitate REAL
Essentials/Choosing the Best curriculum for a total of 6.
hours per cohort. (HIV/STD Session will only be provided
to students entering high school for the 2021 —2022
school year.)
a Student handouts, posters, materials, videos, and
incentives required for curriculum fidelity implementation.
• Project U-Turn facilitators to participate in
workshops/positive:youth development presentations, if
requested.
• One-hour Parent/Significant Adult workshops.
Description of activities:
Project U=Turn is part of the prevention services division of Hope for Miami under Sexual.Risk
Avoidance Education and Awareness Services contract with the Florida Department of Health.
The program is designed to provide sexual risk avoidance education, utilizing evidence-based
curriculum. REAL Essentialsand Choosing the Best are relevant and'hands on curricula. It is
direct enough to command teens' attention, and it also helps communicate, dynamically and
positively,the value of committing to sexual delay.The activities and/or videos with each lesson
lead naturally to discussion. Each 60-minute segment balances information about healthy'
choices with role-plays that,help students practice making healthy choices over risky choices.
The program is designed to reduce at-risk behaviors, especially those that might result in
unhealthy choices that may lead to unhealthy consequences such as teen pregnancy and
sexually transmitted diseases. The program also focuses on goal setting, healthy relationships,
character building, and leadership development while inspiring a focus on positive futures
among our youth.
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.
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Service.Deliverables
Summer Services must be delivered as follows:
June 25th, 2021—July 30th , 2021
Service SEL (Social-Emotional Learning) Curriculum sessions
Fre.uenc 1 time per week (Friday)
Intensity 2.5 hours per.session
Duration 6 weeks
12 Total sessions (6 sessions x 2 cohorts)
#of Sessions offered *Two cohorts in the same day(each 15-20 students) will be provided
with SEL sessions.
Schedule* Friday
Time Cohort#1 and Cohort#2 will be occurring simultaneously from
1:30pm-3:00p.m
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 toreschedule any cancelled
sessions within the summer programing dates, June 25, 2021 —July 30, 2021.
Communication Requirements & Expectations
Contractor's staff members must confirm receipt of all forma 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 Pei-form
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:
• The Service Report
• Notification Emails
o 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.
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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.
EmplOyea/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
9 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-a Child Abuse& Neglect Reporting Requirements
• Exhibit"C" Attachment E-4.: Background Screening.& Personnel File Requirements
• Confidentiality Agreement Re: Client Inforrnetion
• Authorized time sheets, records, and attendance sheets to document the staff time
billed to provide Services pursuant to this Agreement
• 'Daily activity fogs 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
Thist
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.
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't Trust On-Site Subcontractor Monitoring ToOl
• Inspection and review of client and employee files (for those employees providing
Services under this Agreement)
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0. 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:
B 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
O Promoting the Program on Contractor's social media websites
o Creating multimedia content regarding participants and programming for promotion
provided that written Authorization far Photography/Video is on file with the City
4 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
Contractor fails to have representation at required meetings, the City reserves the right to
reduce contracted Service levels at its sole discretion.
SEL facilitators
Contractor will provide the City with following,information for each instructor:
• Name
o Resume
Q Phone number
• E-mail address
• Language Skills (bilingual preferred).
o Credentials, to include degrees; certificates and licenses, as required by position
• Contractual agreement between Contractor and facilitator
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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 wearidentification-while conducting services.
Contractor's staff members,agree to adhere to Program's behavior management guidelines.
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EXHIBIT "B"
2020-2021 CHILDREN'S TRUST YOUTH ENRICHMENT CONTRACT NO. 2016-1090
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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.
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• $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
DocuSign Envelope ID:1AAFAE59-1693-4848-A141-7E1CD1C019F9 • •
•
Engagement Grant to develop a 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 andl:used
to build stronger, thriving, and-more engaged communities.. : ..: .. • . • .
• The City is requesting funds for the development of a best practice:standard for
municipal bondprogram communication, using www.GOMBInfo.corn as a model; -
• . The Administration is requesting funding, in the approximate amountof$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 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 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 turninghotels 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 intended to assist high- •
•
. •
•
DocuSign Envelope ID:1AAFAE59-1693-484B-A141-7E1CD1C019F9 -
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.
•
DocuSign Envelope ID:1AAFAE59-1693-4848-A141-7E1CD1C019F9 • • '
• 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 1 day of Fah' 'Y , 2020.
Dan Gelber, Mayor
ATTEST: �
4 2/420 zp
Raf:el E. Grao, City Clerk
INCORP ORATED
''Rcl�i-2�'_
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
lc,
LC)
City Attorneek Date
DocuSign Envelope ID:IAAFAE59-1693-484B-A141-7E1CD1C019F9
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 Transportation. County Incentive Grant Program in the approximate
amount of$2.1 Million for the 23d Street Complete Streets Project and the Chase Aveiiue/34112
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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 347-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 the 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
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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 Engag ment 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 wwiGOMBInfo.corn 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 Authoaty. 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
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based methodology. UAS I 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 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 afterschool
program housed within the school. During the afterschool program, highly interactive, skill
building activities are provided in thefollowing 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 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.
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 G,O.
Know item? Bond Funds?
No No
Legislative Trackina
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Grants Management
ATTACHMENTS:
Description
❑ Resolution
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MIAMI BEACH
OFFICE OF HOUSING &
COMMUNITY SERVICES
DATE: 07/1/2021
TO: Alina T. Hudak,City Manager °S
FROM: Maria L. Ruiz, Department Director Al ba Tarre for Maria Rui , 114
SUBJECT: PSA between City and Subcontractor, Family&Children
Faith Coalition, Inc,dba Hope for Miami.
ROUTING: °S
1. Marcia Monserrr_°S Chief of Staff
2.Alina T. Hudak lid City Manager
3.Rafael E. Granac rDs
a 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
Family&Children Faith Coalition, Inc,dba Hope for Miami to provide
summer Social Emotional Learning (SEL)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(@,miamibeachfl.gov
Date Needed:ASAP