Professional Services Agreement with Family Children Faith Coalition, Inc DocuSign Envelope ID:1AAFAE59-1693-4848-A141-7E1CD1C019F9 2010 — 3) a 53
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
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 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 the'Cityand'Contractor, including any exhibits
and amendments thereto..
City Manager: The chief administrative officer of the City,
City Manager's
Desig nee: 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
DriverThird Floor, Miami Beach, Florida 33139; telephone number(305)
673-700.0, 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, slx (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) groupsas scheduled .simultaneously Group 1 and Group: 2:
1:30pm-3:30prrm. Contractor will:include,all curriculum materials (studenthandouts, 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 tiirneline 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 Servic es 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 Background Screening. In accordance with the requirements of Section 1012.65,
1012.32 and 1012.467, 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. Additionally,. Contractor agrees that each of its employees,
representatives, agents, subagencies (including chaperones and volunteers) who hasdirect
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 contact with
students will obtain a Florida Public Schools Contractor badge which shall, be worn by
Contractor's employees, representatives, agents (including chaperones and volunteers) 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 July31, 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 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 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 terms) of this Agreement and shall grant Contractor ten (10) days to cure
such default. If such default remains uncured after ten,(1:0) 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 Cityshall be entitled to recover all costs of such actions, including reasonable
attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE,TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN,AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
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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 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 ariseor be alleged to have arisen from the negligent acts, errors,
omissions or other wrongfuf 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 Agreementis the specific consideration from the City
to the Contractorfor 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
8. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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The Insurance must befurnished 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: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 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 waiveany 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'srecovery from the City for any damage,action for breach of contract to be limited
to a. maximum amount of$10,000,
Accordingly, andnotwithstanding 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 claimfor 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 anyway 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
90.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), .and as often as the City, Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered
by this.Agreement. Contractor shall maintain any and all such records at its place of business
at the address set forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, .audits, inspections and investigations on .all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of the City..
(B.) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production 'of witnesses and
monitor City projects.and programs. Monitoring of an existing City project or program
may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations,activities, performance and'procurement process including but not limited
to project design. bid specifications, (bid/proposal) submittals, activities of the
Contractor, 'its officers, agents and employees, 'lobbyists, City staff and elected
officials to ensure compliance with the contractdocuments 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's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files, worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all project-
related correspondence, Memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
(E) The.Contractor shall make available at its office at all reasonable times the records,
materials,, and other evidence regarding the acquisition ,(bid preparation) and
performance of this Agreement,for examination,audit, or reproduction, until three(3)
years after final payment under this Agreement or for any longer period required by
statute Or by otherclauses 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 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 provisionsof 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. TRANSFEROR 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]
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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.
1.0.6 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.
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:
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(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian.Of publicrecords, 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;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not.disclosed, except as:authorized
by law', for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer; at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the'Contractor transfers all public
records to the City upon completion of the.Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor
shall meet all'applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City' shall immediately notify the Contractor of the
request,-and the.Contractor must provide the records to the City or allow,the
records to be inspectedor 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 atlaw or
in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subjectto penalties under s. 119.10.
( ) CIVIL ACTION:
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the' City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorneys' fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time;and
b: At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b)if it is sent to the City's custodian of
public records and' to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with'a public records request within 8 business days
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after thenotice 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: RAFAELGRANADORMIAMIBEACHFL.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 takein 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 eventshall be on the requesting party.
(C) No party hereto shall beliable 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 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
Majeureevent causing the suspension of,performance shall notbe excused as a result
of such occurrence unless.such occurrence makes such performance not reasonably
possible. The obligation to pay money in a.timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may,'at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of,
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the,City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Contractor of such
termination. if the.Agreement is terminated pursuant to this Section, Contractor shall
be paid for any Services satisfactorily performed up,to the date of termination;following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Contractor provides labor, supplies, or services under this
Agreement, Contractor shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" CE-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 pursuantto 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 Generalof the United States, the
City shall terminate this Agreermentwith 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 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.
(o) Contractor is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 10.9.
SECTION 11
NOTICES
All.notices and communications in writing required or permitted hereunder,shall be delivered
personally to the representatives of the Contractor and the City listed,below or may be mailed
by U.S. Certified Mail, return receipt requested; postage prepaid, or by a nationally
_recognized overnight delivery service.
Until.changed by notice in writing, all such notices and'communications shall be addressed
as follows:
TO CONTRACTOR: 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 Agreement cannot bemodified or amended without the express written consent of the
parties. No modification, amendment, or.alterationof the.terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected, and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision.
,of this.Agreement shall notbo 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 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 Sjodin National Sex
Offender Public Website(NSOPW), Contractor is required to review said site annually,
at minimum. If a Contractors 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 1012.46$, 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
City'sstaff 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 singleperson 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 thetopics 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 toprotect client protectedpersonally 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 thatdegree of
skill,care, efficiency and diligence normallyexercised by recognized professionals with respect
to the performance of comparable services. In its performance of the Services, 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.
12.11 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, mustfirst 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.
Na 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.
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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:
e —DocuSigned by: p—DocuSigned by:
By: at,l, Gv'a�n a�.o QC,itna thdatt
y: a aei.. . ranado. kIna EFh uc a
City Clerk City Manager
July 1, 2021
Date
FOR CONTRACTOR: FAMILY & CHILDREN FAITH
COALITION, INC
ATTEST:
DocuSigned by:
B e. 1a4 ? /2021 I 8:14 AM PDT
y 3b4LbI UUbrru4bb...
Josie E. Martinez/COO
Print Name/Title Print Name/Title
Date
' PP r. E►' AS TO
FO r ' & •NGUAGE
FO XECUTION
7
City AttorneDot.✓�� Da
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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 F bocumerjtation•ofServi`ce
Service-
SEL
erviceSEL (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.)'
• Student handouts, posters, materials,,videos, and
incentives required for curriculum fidelity implementation.
ei Project U-Turn facilitators to participate in
workshops/positive youth development presentations, if
requested.
o 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 Essentials'and Choosing.the Best are relevant and hands on curricula: It is
direct enough'to command teensattention, 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. balancesinformation 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 25l1i, 2021—July 30th , 2021
Service _ SEL (Social-Emotional Learning) Curriculum sessions
Fre a uenc 1 time per week(Friday,)
lnteilsif 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-3:00pm
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 25, 2021 —July 30, 2021.
Communication Requirements & Expectations
Contractor's staff members must confirm receipt of all forms of communication, including.
emails, phonecalls, 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 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
o Notification Emails
O Any document required by this Agreement.
* Theabove 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.
Employee/ Contractor File Review
The following documentation must be included in the employee/contractor file for those
employ ees/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
• 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:
Monitoring 4;.,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)
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• Review or audit of records to ensure compliance withapplicable 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 rriiriimum of one (1) businessday 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
G Indicating membership in,the City of Miami Beach All Stars Program in all self-produced
marketing.materials that are produced for the benefitof 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 theevent 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 followinginformation for each instructor:
• Name
o Resume
o Phone number
• E-mail address
G Language Skills(bilingual preferred).
• 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 acaordanCe 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.
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EXHIBIT"B"
2020-2021.CHILDREN'S TRUST YOUTH ENRICHMENT CONTRACT NO. 2016-1090
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